N00024-16-R-2310_-_SD_PSA_Execution_-_Released.docx

N00024-16-R-2310

Section B - Supplies or Services and Prices

CLIN Number 0001

PSA for JOHN FINN (DDG 113)

CPAF

Provide Engineering and Management in support of Post Shakedown Availability (PSA) for JOHN FINN (DDG 113).

(See Note B) FOB: Destination

PURCHASE REQUEST NUMBER: N00024-16-NR-58029

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0002

Effort and Material for DDG 113

Provide effort and material to perform specified PSA Work Items inclusive of Tests and Post Repair Sea Trials for JOHN FINN (DDG 113).

(See Note B)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0003

Level of Effort (LOE) and Material

Provide additional effort and material to complete performance of PSA inclusive of Test and Post Repair Sea Trials for JOHN FINN (DDG 113). CLIN 0003 is a Level of Effort CLIN. See Section H clause 5252.216-9122, "Level of Effort – Alternate I."

(See Note B)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0004

FCT, Readiness Inspect, & Emergent Work

Provide additional effort and material to support Fleet and TYCOM Readiness Inspections, Final Contract Trials (FCT), and complete emergent work for JOHN FINN (DDG 113). CLIN 0004 is a Level of Effort CLIN. See Section H clause 5252.216-9122, "Level of Effort – Alternate I."

(See Note B)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0005

CPAF

Provide Material and Labor required during Drydocking of JOHN FINN (DDG 113).

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0006

CPAF

Provide additional effort and material for OPN funded SHIPALTS for installation during the JOHN FINN (DDG 113) PSA. CLIN 0006 is a Level of Effort CLIN. See Section H clause 5252.216-9122, "Level of Effort – Alternate I."

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0007

Data

COST

Data for Items 0001, 0002, 0003, and 0004, and, if Options are exercised, 0005 and 0006. Not Separately Priced (NSP) - Price is included in the price of Items 0001, 0002, 0003, and 0004, and, if Options are exercised, 0005 and 0006, respectively. See Exhibit A of Attachment J-1, DD Form 1423.

(See Note A)

ESTIMATED COST

CLIN Number 0101

CPAF

Provide Engineering and Management in support of PSA for RAFAEL PERALTA (DDG 115).

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0102

CPAF

Provide effort and material to perform specified PSA Work Items inclusive of Tests and Post Repair Sea Trials for RAFAEL PERALTA (DDG 115).

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0103

CPAF

Provide additional effort and material to complete performance of PSA inclusive of Test and Post Repair Sea Trials for RAFAEL PERALTA (DDG 115). CLIN 0103 is a Level of Effort CLIN. See Section H clause 5252.216-9122, "Level of Effort – Alternate I."

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0104

CPAF

Provide additional effort and material to support Fleet and TYCOM Readiness Inspections, Final Contract Trials (FCT), and complete emergent work for RAFAEL PERALTA (DDG 115). CLIN 0104 is a Level of Effort CLIN. See Section H clause 5252.216-9122, "Level of Effort – Alternate I."

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0105

CPAF

Provide Material and Labor required during Drydocking of RAFAEL PERALTA (DDG 115).

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0106

CPAF

Provide additional effort and material for OPN funded SHIPALTS for installation during the RAFAEL PERALTA (DDG 115) PSA. CLIN 0106 is a Level of Effort CLIN. See Section H clause 5252.216-9122, "Level of Effort – Alternate I."

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0107

COST

Data for Items 0101, 0102, 0103, 0104, 0105, and 0106, if Options are exercised. Not Separately Priced (NSP) - Price is included in the price of Items 0101, 0102, 0103, 0104, 0105, and 0106 respectively, if Options are exercised. See Exhibit A of Attachment J-1, DD Form 1423.

(See Notes A and C)

ESTIMATED COST

CLIN Number 0201

CPAF

Provide Engineering and Management in support of PSA for CARL M. LEVIN (DDG 120).

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0202

CPAF

Provide effort and material to perform specified PSA Work Items inclusive of Tests and Post Repair Sea Trials for CARL M. LEVIN (DDG 120).

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0203

CPAF

Provide additional effort and material to complete performance of PSA inclusive of Test and Post Repair Sea Trials for CARL M. LEVIN (DDG 120). CLIN 0203 is a Level of Effort CLIN. See Section H clause 5252.216-9122, "Level of Effort – Alternate I."

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0204

CPAF

Provide additional effort and material to support Fleet and TYCOM Readiness Inspections, Final Contract Trials (FCT), and complete emergent work for CARL M. LEVIN (DDG 120). CLIN 0204 is a Level of Effort CLIN. See Section H clause 5252.216-9122, "Level of Effort – Alternate I."

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0205

CPAF

Provide Material and Labor required during Drydocking of CARL M. LEVIN (DDG 120).

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0206

CPAF

Provide additional effort and material for OPN funded SHIPALTS for installation during the CARL M. LEVIN (DDG 120) PSA. CLIN 0206 is a Level of Effort CLIN. See Section H clause 5252.216-9122, "Level of Effort – Alternate I."

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0207

COST

Data for Items 0201, 0202, 0203, 0204, 0205, and 0206, if Options are exercised. Not Separately Priced (NSP) - Price is included in the price of Items 0201, 0202, 0203, 0204, 0205, and 0206 respectively, if Options are exercised. See Exhibit A of Attachment J-1, DD Form 1423.

(See Notes A and C)

ESTIMATED COST

CLIN Number 0301

CPAF

Provide Engineering and Management in support of PSA for FRANK E. PETERSON, JR (DDG 121).

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0302

CPAF

Provide effort and material to perform specified PSA Work Items inclusive of Tests and Post Repair Sea Trials for FRANK E. PETERSON, JR. (DDG 121).

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0303

CPAF

Provide additional effort and material to complete performance of PSA inclusive of Test and Post Repair Sea Trials for FRANK E. PETERSON, JR. (DDG 121). CLIN 0303 is a Level of Effort CLIN. See Section H clause 5252.216-9122, "Level of Effort – Alternate I."

(See Note B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0304

CPAF

Provide additional effort and material to support Fleet and TYCOM Readiness Inspections, Final Contract Trials (FCT), and complete emergent work for FRANK E. PETERSON, JR. (DDG 121). CLIN 0304 is a Level of Effort CLIN. See Section H clause 5252.216-9122, "Level of Effort – Alternate I."

(See Notes B and C).

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0305

CPAF

Provide Material and Labor required during Drydocking of FRANK E. PETERSON, JR. (DDG 121).

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0306

CPAF

Provide additional effort and material for OPN funded SHIPALTS for installation during the FRANK E. PETERSON, JR. (DDG 121) PSA. CLIN 0306 is a Level of Effort CLIN. See Section H clause 5252.216-9122, "Level of Effort – Alternate I."

(See Notes B and C)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0307

COST

Data for Items 0301, 0302, 0303, 0304, 0305, and 0306, if Options are exercised. Not Separately Priced (NSP) - Price is included in the price of Items 0301, 0302, 0303, 0304, 0305, and 0306 respectively, if Options are exercised. See Exhibit A of Attachment J-1, DD Form 1423.

(See Notes A and C)

ESTIMATED COST

NOTE A - Offeror shall complete the "Price Group" and "Estimated Total Price" blocks of each data item on the Contract Data Requirements List(s), attached hereto.

NOTE B – The COST OF MONEY FOR FACILITIES CAPITAL is not a fee-bearing cost under this contract. However, such amount is included in the Total Estimated Cost for purposes of Section I clauses 52.232-20, “LIMITATION OF COST,” and/or 52.232-20, “LIMITATION OF FUNDS,” of this contract, as applicable.

NOTE C – Option item to which the Section I clause, 52.217-9, “OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (NAVSEA VARIATION) (APR 2015),” applies, and which is to be supplied only if and to the extent said option is exercised.

B-1 ACRONYMS AND ABBREVIATIONS IN THIS DOCUMENT

ACO – Administrative Contracting Officer ACP – Access Control Plan AD – Aircraft Division AFB – Award Fee Board AIT – Alteration Installation Team BIW – Bath Iron Works C/S – Combat Systems CAO – Contract Administration Office CDRL – Contract Data Requirements List CFE – Contractor Furnished Equipment CG – Cruiser CLIN – Contract Line Item Number COMNAVSEA – Commander, Naval Sea Systems Command COR – Contracting Officer’s Representative CPARS – Contractor Performance Assessment Reporting System CPI – Cost Performance Index CPIR – Contract Problem Identification Report DCAA – Defense Contract Audit Agency DDG – Guided Missile Destroyer DFARS – Defense Federal Acquisition Regulation Supplement DPMA – Drydocking Phase Maintenance Availability DPL – Direct Production Labor DSRA – Drydocking Selected Restricted Availability EAC – Estimate at Completion EDSRA - Extended Drydocking Selected Restricted Availability ESRA – Extended Selected Restricted Availability FAR – Federal Acquisition Regulation FCCM – Facilities Capital Cost of Money FCT – Final Contract Trial FDO – Fee Determining Official FOA – Fitting Out Availability FPRA – Forward Pricing Rate Agreement FTSC PAC – Fleet Technical Service Center, Pacific GFE – Government Furnished Equipment GFI – Government Furnished Information GFM – Government Furnished Material GFP – Government Furnished Property HII – Huntington Ingalls Incorporated HM&E – Hull, Mechanical, and Electrical IMS – Integrated Master Schedule IWS – Integrated Warfare Systems LCS – Littoral Combat Ship LHA – Landing Helicopter Assault LHD – Landing Helicopter Deck LOA – Light Off Assessment LOE – Level of Effort LPD – Landing Platform/Dock LSD – Landing Ship/Dock NAVSEAINST – Naval Sea Systems Command Instruction NAWC – Naval Air Warfare Center NSA – Naval Supervising Activity NSWCCD – Naval Surface Warfare Center Carderock Division NSWCDD – Naval Surface Warfare Center Dalghren Division NSWCPHD – Naval Surface Warfare Center Port Hueneme Division OPN – Other Procurement, Navy OQE – Objective Quality Evidence OWLD – Obligation Work Limiting Date PCD – Production Complete Date PCO – Procuring Contracting Officer PEO – Program Executive Office PMA – Phased Maintenance Availability PMS 400D – AEGIS (DDG 51) Shipbuilding Program PMS 400D6 – AEGIS (DDG 51) Shipbuilding Program Post Delivery Manager PPIRS – Past Performance Information Retrieval System PRT – Post Repair Trials PSA – Post Shakedown Availability SCN – Shipbuilding Conversion, Navy SHIPALT – Ship Alteration SI – Standard Item SID – Ship Installation Drawing SLIN – Sub Line Item Number SPI – Schedule Performance Index SRA – Selected Restricted Availability SSES – Ship Service Engineering Station STOV – Safe to Operate Vessel SUPSHIP – Supervisor of Shipbuilding TI – Technical Instruction TYCOM – Type Commander

CLAUSES INCORPORATED BY FULL TEXT

B-2 CONTRACT SUMMARY FOR PAYMENT OFFICE (COST TYPE) (FEB 1997)

This entire contract is cost type.

B-3 DETERMINATION OF FEE (NAVSEA) (APR 2015)

(a) Minimum Fee

The Base Fee, as set forth in Section B of this contract, shall constitute a minimum fee to be paid for the performance of this contract. The Base Fee shall be paid in accordance with the clause of this contract entitled "FIXED FEE" (FAR 52.2168).

(b) Award Fee

In addition to the minimum (or base fee) to be paid hereunder, if any, the Contractor may earn an award fee as determined by the Fee Determining Official (FDO). The Government's purpose in granting an award fee is to encourage and reward superior performance of this contract. The specifics for evaluation are set forth in paragraphs that follow.

(c) Award Fee Board

The Contractor's performance evaluation for each period will be conducted by an Award Fee Board of not more than eight members consisting of:

Chairperson

Members

(d) Fee Determining Official

The FDO, the AEGIS Shipbuilding Program Manager (PMS 400D), shall make determinations of the award fee due to the Contractor based upon the performance evaluation conducted by the Award Fee Board established pursuant to paragraph (c) above.

(e) Award Fee Determination

(1) Within ten (10) days after the end of the evaluation period the Contractor shall, if desired, submit a self-assessment report to the AFB Chairperson and ACO. This written assessment of the Contractor’s performance throughout the award fee period shall address each of the award fee factors and state the Contractor’s calculated available award fee pool for the evaluation period. It shall contain supporting documentation and may also contain other relevant information, including any mitigating circumstances that may be reasonably expected to assist the AFB and FDO in determining the fee amount.

(2) Upon receipt of the Contractor’s self-assessment, the Contracting Officer will review and validate it, providing the AFB Chairperson supporting documentation addressing any inconsistencies, inaccuracies, or areas of disagreement.

(3) Within twenty (20) days after the end of the evaluation period and receipt of all required CDRL deliverables, the PMS 400D6 Hull Manager shall provide a Fee Recommendation Report of Contractor performance to the AFB Chairperson and Contracting Officer. This report shall clearly identify specific evaluation categories, factors or elements, and state the PMS 400D6 Hull Manager’s recommended award fee for the evaluation period.

(4) The Award Fee Board evaluation will be scheduled following receipt of required CDRL deliverables, Contractor self-assessment, and Government input. The Contractor will be provided the opportunity to present a self-assessment brief at the Award Fee Board evaluation. This brief shall not exceed thirty (30) minutes. After reviewing both the Contractor’s and PMS 400D6 Hull Manager’s input, the Board will arrive at a consensus on the performance rating and advise the FDO of its recommendation and supporting rationale.

(5) Within ten (10) working days from receipt of AFB's recommendation, the FDO shall submit to the Procuring Contracting Officer (PCO)/Administrative Contracting Officer (ACO), as applicable, his determination of the award fee earned. The PCO/ACO will notify the Contractor of the determination of the award fee.

(6) Within fifteen (15) working days after receipt of the FDO’s final determination and the Procurement Request (PR), the Contracting Officer will issue a unilateral modification to the contract to provide for the award fee earned for that period.

(7) Upon written request by the Contractor to the FDO, the chairman of the AFB will assign a Board member to de-brief the Contractor, providing constructive feedback as to his performance and recommendations for improvement.

(f) Fee Determination Official’s Determination

Determinations of the FDO, with respect to the amount of the award fee to be paid to the Contractor and the methodology for determining the award fee, are unilateral decisions made solely at the discretion of the Government.

(g) Award Fee Plan

During the evaluation period, the Contractor may earn award fee for exceeding performance objectives. The performance objectives are categorized in the following areas: schedule, technical, management, and cost. Their relative importance is reflected by the weighting factors provided below:

NOTE: The Government may unilaterally change the performance objectives and/or category weights by written notification from the PCO no later than ten (10) working days prior to the commencement of the evaluation period for the ship.

(1) Performance Objectives

The following performance objectives will be evaluated during the evaluation period.

a. Schedule – Emphasis will be placed on the Contractor’s efforts toward development and achievement of aggressive, yet manageable, schedules to support major PSA milestones. The Contractor is to schedule all work to ensure that 70% of the production work is accomplished by the 50% point of the availability, and that major milestones occur as early as possible to ensure a successful PSA. Adherence to or improvement upon scheduled key events and major production milestones is considered essential. It will also require the Contractor to incorporate growth and new work within the overall schedule. Measures of success include:

i. Strict adherence to the PSA schedule milestone dates provided by the government prior to the start of PSA and accommodating growth and new work. Actual completion dates will be compared to scheduled dates. Accelerating schedule while maintaining quality is recognized as superior performance.

ii. Adherence to or improvement upon the integrated schedule for the entire PSA work package as measured by the final Schedule Performance Index (SPI) at the end of the PSA.

iii. Timely completion and turnover to the Government of compartments in accordance with the Compartment Close-out schedule provided by the Contractor and approved by the Navy.

iv. Development of an IMS that supports completing 70% of the production work by the 50% point of the PSA, including incorporation of all new and growth work.

v. Completing all requirements for availability work certification Key Events, in accordance with CNRMC Instruction 4700-C211/091, Surface Ship Availability Work Certification and Completion Requirements.

b. Technical – Emphasis will be placed on accomplishing the PSA work package with quality workmanship and minimal re-work. Contractor ability to clearly identify and resolve shipboard production and test problems will be assessed. Accuracy of the work packages and test procedures is integral to success. Care and protection of the ship and equipment during an intrusive industrial environment is considered an important element of the PSA. Prevention of equipment damage and contamination from industrial debris and proactive protection including application of appropriate covers and proper utilization of storage facilities will be assessed. Maintenance of safe and clean work areas free from accumulated industrial debris and rubbish is essential. Measures of success include:

i. Effectiveness of the Compartment Close-out process in delivering compartments without deficiencies.

ii. Quality of the workmanship as measured by equipment and material deficiencies identified during the Post Repair Trials conducted at the conclusion of the PSA and associated manhours required to correct them.

iii. Quality of workmanship as measured by the re-work required to correct defective repairs and deficient work performed on equipment and shipboard spaces as part of the PSA work package.

iv. Effectiveness of the Contractor to identify and quickly resolve safety, care, and protection problems on the ship during PSA.

v. Quality, timeliness, and accuracy of Objective Quality Evidence (OQE) submittals during the availability certification process.

c. Management – Emphasis will be placed on the Contractor’s effective and efficient management of resources (manpower) during the PSA and ability to manage growth and new work. Consideration will be given to timely negotiation and definitization of changes, including prompt and timely submission of proposals, notification to the Government of any identified problems, reasonableness of estimates, and provision of information required by the Government for negotiations. Timely and accurate submission of contract deliverables, particularly schedule and cost data, crucial to Government oversight is considered essential. Cooperation with the new construction shipbuilder and support of the Contractor with the integration of outstanding new construction DD250 work items into the overall PSA schedule is mandatory. Active Contractor participation and preparedness for PSA Planning Conferences to discuss work packages, schedules, and execution planning is required. Measures of success include:

i. Effectiveness of the Contractor’s workload management plan, comparing actual manning to projected manning.

ii. Willingness to accept new work and ability to incorporate work package growth within PSA schedule constraints.

iii. Judicious use of overtime where contractually authorized, striking the appropriate balance between cost and responsiveness.

iv. Quality and accuracy of CDRL deliverables, particularly those associated with cost and schedule reports.

v. Timeliness of CDRL deliverables by rigorous adherence to deadlines.

d. Cost – The most significant goal in this performance objective is accomplishment of work within the negotiated cost. The Contractor is required to provide realistic cost estimates and negotiate work in a timely manner. Accuracy of Estimate at Completion (EAC) to projected cost is considered a reflection of cost control. Accurate cost accounting (e.g., of labor, materials, management) of both prime and subcontractors is required. Proactive identification of cost problems, to include timely variance analysis, and Contractor effectiveness in problem resolution will be evaluated. Implementation of cost savings techniques will be viewed favorably. Measures of success include:

i. Providing timely negotiation of work tasked by the Government. Particularly crucial is new work and growth identified during the course of the PSA.

ii. Accuracy of the negotiated costs by comparing to actual costs and the Estimate at Completion (EAC).

iii. Cost management of the entire PSA work package as measured by the final Cost Performance Index (CPI) at the end of PSA. CPI will be measured both in cost (dollars) and Direct Production Labor (DPL manhours).

iv. The cost associated to correct equipment and compartment damage on the ship during PSA attributable to inadequate care and protection.

(h) Evaluation Period/Award Fee Pool

(1) Award Fee Period

The Award Fee Board will evaluate the Contractor's performance on all active line items during the evaluation period for each ship’s PSA. Each evaluation period is defined as:

Start - Upon contract award and/or option exercise for each ship’s PSA effort, as applicable.

End - 90 days after each ship’s PSA Completion Date.

(2) Award Fee Pool

For completion-type CLINs (0001 and 0002, and if options are exercised, 0005, 0101, 0102, 0105, 0201, 0202, 0205, 0301, 0302, and 0305): The Award Fee Pool for each CLIN is as stated in Section B of the contract, for all awarded/exercised CLINs.

For Level-of-Effort-type (LOE-type) CLINs (0003 and 0004, and if options are exercised, 0006, 0103, 0104, 0106, 0203, 0204, 0206, 0303, 0304, and 0306): The Award Fee Pool for each evaluation period for each CLIN/SLIN shall be calculated as follows:

Award Fee Pool = (Percent of hours awarded that were delivered during evaluation period) x (Estimated fee bearing cost (exclusive of FCCM)) x (Contractor’s proposed award fee percentage)

Where:

Percent of hours awarded that were delivered during evaluation period = (Actual Hours delivered during evaluation period for each CLIN/SLIN) / (Hours Required by Section B for given CLIN/SLIN)

(3) There shall be no rollover of unearned award fee.

(i) Performance Ratings

In evaluating Contractor performance, the following performance ratings and corresponding numerical award fee ratings will be used:

PERFORMANCE RATING TABLE

(j) Maximum Fee

The base fee shall not exceed (to be completed at award)% and the award fee shall not exceed (to be completed at award)%. In no event shall the total fee (base fee plus award fee) under this contract exceed ten percent (10%) of the total estimated fee-bearing cost.

(k) Payment of Award Fee

The Contractor shall be paid award fee, if any, upon submittal of a proper invoice or voucher to the cognizant Payment Office, together with a copy of the unilateral modification to the contract authorizing payment of award fee for the Evaluation Period. The Contractor's invoice must cite the appropriate accounting data in order for payment to be affected. There will be no provisional, interim, or advance billing of award fee prior to a final determination of the FDO and execution by the contracting officer of a contract modification authorizing payment.

B-4 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)

(a) As part of the negotiated fixed price or total estimated amount of this contact, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $500 or less at the time of final contract closeout. The term “residual dollar amount” shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.

(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

B-5 LIMITATION OF COST/LIMITATION OF FUNDS (NAVSEA) (SEP 1990) (Applicable to CLINs 0001-0004, and if Options are exercised, to CLINs 0005, 0006, 0101-0106, 0201-0206, and 0301-0306)

The clause entitled "LIMITATION OF COST" (FAR 52.232-20) or "LIMITATION OF FUNDS" (FAR 52.232-22), as appropriate, shall apply separately and independently to each separately identified estimated cost.

B-6 PAYMENTS OF FEE (S) (COMPLETION) (NAVSEA) (MAY 1993) (Applicable to CLINs 0001 and 0002, and if Options are exercised, CLINs 0005, 0101, 0102, 0105, 0201, 0202, 0205, 0301, 0302, and 0305)

(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, "fixed fee" in cost-plus-fixed-fee type contracts for completion and phase type contracts.

(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled "FIXED FEE" (FAR 52.216-8) or "INCENTIVE FEE", (FAR 52.216-10), as applicable. Such payments shall be equal to (to be completed by the Navy at contract award) percent (to be completed by the Navy at contract award%) of the allowable cost of each invoice submitted by and payable to the Contractor pursuant to the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), subject to the withholding terms and conditions of the "FIXED FEE" or "INCENTIVE FEE" clause, as applicable (percentage of fee is based on fee dollars divided by estimated cost dollars, including facilities capital cost of money). Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract.

(c) In the event of discontinuance of the work under this contract, or any specified phase of the contract, in accordance with the clause of this contract entitled "LIMITATION OF FUNDS" (FAR 52.232-22) or "LIMITATION OF COST" (FAR 52.232-20), as applicable, the fee shall be equitably adjusted by mutual agreement to reflect the diminution of work. If the adjusted fee is less than the sum of all fee payments made to the Contractor under this contract, the Contractor shall repay the excess amount to the Government. If the adjusted fee exceeds all payments made to the Contractor under this contract, the Contractor shall be paid the additional amount, subject to the availability of funds. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract at the time of the discontinuance of work.

(d) Fee(s) withheld pursuant to the terms and conditions of this contract shall not be paid until the contract has been modified to reduce the fee(s) in accordance with paragraph (c) above, or until the Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required.

B-7 PAYMENT OF FEES(S) (LEVEL OF EFFORT – ALTERNATE I) (NAVSEA) (MAY 2010) (Applicable to CLINs 0003 and 0004, and if Options are exercised, to CLINs 0006, 0103, 0104, 0106, 0203, 0204, 0206, 0303, 0304, and 0306)

(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, or "fixed fee" in cost-plus-fixed-fee type contracts for level of effort type contracts.

(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled "FIXED FEE" (FAR 52.216-8) or "INCENTIVE FEE", (FAR 52.216-10), as applicable. Such payments shall be submitted by and payable to the Contractor pursuant to the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), subject to the withholding terms and conditions of the "FIXED FEE" or "INCENTIVE FEE" clause, as applicable, and shall be paid at the hourly rate(s) specified above per man-hour performed and invoiced. Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract.

B-8 REFUNDS (SPARES AND SUPPORT EQUIPMENT) (NAVSEA) (SEP 1990)

(a) In the event that the price of a spare part or item of support equipment delivered under this contract significantly exceeds its intrinsic value, the Contractor agrees to refund the difference. Refunds will only be made for the difference between the intrinsic value of the item at the time an agreement on price was reached and the contract price. Refunds will not be made to recoup the amount of cost decreases that occur over time due to productivity gains (beyond economic purchase quantity considerations) or changes in market conditions.

(b) For purposes of this requirement, the intrinsic value of an item is defined as follows:

(1) If the item is one which is sold or is substantially similar or functionally equivalent to one that is sold in substantial quantities to the general public, intrinsic value is the established catalog or market price, plus the value of any unique requirements, including delivery terms, inspection, packaging, or labeling.

(2) If there is no comparable item sold in substantial quantities to the general public, intrinsic value is defined as the price an individual would expect to pay for the item based upon an economic purchase quantity as defined in FAR 52.207-4, plus the value of any unique requirements, including delivery terms, inspection, packaging or labeling.

(c) At any time up to two years after delivery of a spare part or item of support equipment, the Contracting Officer may notify the Contractor that based on all information available at the time of the notice, the price of the part or item apparently exceeds its intrinsic value.

(d) If notified in accordance with paragraph (c) above, the Contractor agrees to enter into good faith negotiations with the Government to determine if, and in what amount, the Government is entitled to a refund.

(e) If agreement pursuant to paragraph (d) above cannot be reached, and the Navy's return of the new or unused item to the Contractor is practical, the Navy, subject to the Contractor's agreement, may elect to return the item to the Contractor. Upon return of the item to its original point of Government acceptance, the Contractor shall refund in full the price paid. If no agreement pursuant to paragraph (d) above is reached, and return of the item by the Navy is impractical, the Contracting Officer may, with the approval of the Head of the Contracting Activity, issue a Contracting Officer's final decision on the matter, subject to Contractor appeal as provided in the "DISPUTES" clause (FAR 52.233-1).

(f) The Contractor will make refunds, as required under this requirement, in accordance with instructions from the Contracting Officer.

(g) The Contractor shall not be liable for a refund if the Contractor advised the Contracting Officer in a timely manner that the price it would propose for a spare part or item of support equipment exceeded its intrinsic value, and with such advice, specified the estimated proposed price, the estimated intrinsic value and known alternative sources or item, if any, that can meet the requirement.

(h) This requirement does not apply to any spare parts or items of support equipment whose price is determined through adequate price competition. This requirement also does not apply to any spare part or item of support equipment with a unit price in excess of $100,000; or in excess of $25,000 if the Contractor submitted, and certified the currency, accuracy and completeness of, cost or pricing data applicable to the item.

B-9 TRAVEL COSTS – ALTERNATE I (NAVSEA) (APR 2015)

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its actual travel costs in accordance with FAR 31.205-46. The costs to be reimbursed shall be those costs determined to be allowable, allocable and reasonable by the Procuring Contracting Officer, Administrative Contracting Officer or their duly authorized representative, as advised by DCAA.

(b) Reimbursable travel costs include only that travel performed from the Contractor's facility to the worksite, in and around the worksite, and from the worksite to the Contractor's facility.

(c) Relocation costs and travel costs incidental to relocation are allowable to the extent provided in FAR 31.205-35; however, Contracting Officer approval shall be required prior to incurring relocation expenses and travel costs incidental to relocation.

(d) The Contractor shall not be reimbursed for the following daily local travel costs:

(i) travel at U.S. Military Installations where Government transportation is available,

(ii) travel performed for personal convenience/errands, including commuting to and from work, and

(iii) travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor's or employee's convenience.

Section C - Descriptions and Specifications

PART I - CONTRACT LINE ITEM DESCRIPTION

NAVSEA Standard Items shall be invoked on each award or option executed under the contract. The Fiscal Year (FY) applicability of the NAVSEA Standard Items will be determined by the FY in which the availability will be executed.

The Contractor, under the direction of the assigned Administrating Contracting Officer (ACO), and as independent Contractor and not as an agent of the Government, shall furnish materials, services, and facilities (except those expressly identified in this contract or an attachment as furnished by the Government) necessary for the accomplishment of the following work:

CLIN 0001, and if Options are exercised, CLINs 0101, 0201, and 0301 – POST SHAKEDOWN AVAILABILITY (PSA)

The Contractor shall provide those services which support the total Post Shakedown Availability (PSA) effort for JOHN FINN (DDG 113), and if options are exercised, for RAFAEL PERALTA (DDG 115), CARL M. LEVIN (DDG 120), and FRANK E. PETERSON, JR, (DDG 121), to include program management, planning, engineering, design, liaison, scheduling, and participation in PSA Planning Conferences and Design Reviews. The Contractor’s management efforts shall be those necessary to support work defined in Attachment J-2 and the following tasks:

1. The Contractor shall develop a key events schedule to support Combat System testing, scheduling of critical work item networks, material ordering schedules, and Post Repair Trials (PRTs).

2. The Contractor shall generate a complete technical analysis of anticipated problems including identification of the potential impact of each problem and recommendations for corrective action.

3. For each PSA, the Contractor shall support and attend the following meetings and conferences as described below:

· Two PSA Planning Conferences prior to PSA commencement

· Weekly design Reviews weekly during the PSA

· Daily logistics status meeting during the PSA

· Daily combat systems meeting during the PSA

· Conduct daily production meeting during the PSA to review status of all critical path and near term PSA milestone related work items.

· Other meetings as directed by the Contracting Officer’s Representative (COR)

4. The Contractor shall maintain central files or record copies that shall include reproducible copies (including CD-R) of the data that are generated for delivery under this contract, and provide real time access to the government within a 24 hour period of request.

5. Upon request, the Contractor shall assist the PSA Planning Yard with revisions to Ship Selected Record drawings and data to reflect the accomplishment of work accomplished by the executing yard during the PSA.

6. In identifying and providing material requirements and long lead items lists to meet the requirements of the work specifications, the Contractor shall to the maximum possible extent, utilize equipment and components identical to those of the DDG 51 Class ships as described in Section C clause C-38, “STANDARDIZATION.”

7. The Contractor shall provide assistance, as requested by the Government certification test and inspection personnel, to support certifications or re-certifications required as a result of work accomplished during the PSA.

8. The Contractor shall participate in Final Contract Trials (FCT) and subsequent trial card screening sessions, in an observer capacity, for the purpose of becoming familiar with the ship and the FCT deficiencies.

9. The Contractor shall provide a man-loading chart depicting proposed manning from the start of the availability to the completion. During PSA, the Contractor shall provide, on a weekly basis, the planned manning schedule versus the actual manning achieved. The data shall be presented both numerically as well as graphically.

10. The Contractor shall provide earned value metrics on a weekly basis from the start of the availability to the completion. The data shall depict budgeted vs. actual costs and schedule performance both graphically and numerically. Prior to and during PSA, the Contractor shall provide regular EAC status reports. All EACs shall be accompanied by the applicable Direct Production Labor (DPL) for both the prime and subcontractor effort. Reports shall be provided monthly beginning three months prior to PSA Start (A-3), then weekly during PSA until the Shipbuilding Conversion, Navy (SCN) Obligation Work Limiting Date (OWLD).

11. At the beginning of week three of the PSA, the Contractor shall develop and provide a Compartment Close-out schedule to support the scheduled accomplishment of key milestones. The Contractor shall provide updates as required until all compartments have been turned over to the Government.

12. Prior to the start of PSA the Contractor shall develop and provide an Integrated Master Schedule (IMS) that will link all work item activities with the key milestones in accordance with NAVSEA Standard Item (SI) 009-60. In addition to the requirements defined in 009-60 the IMS shall integrate all work tasked to the Contractor for accomplishment during the PSA, as well as work tasked to the PSA Planning Yard, New Construction Shipbuilder deferred and warranty work, and all work to be accomplished by Alteration Installation Teams (AITs). The Government shall provide schedules and points of contact for all work to be integrated that is not tasked to the Contractor. The IMS shall be structured such that 70% of production work is complete by the 50% point of the PSA, and that work tasked to the contractor that affects Combat Systems (C/S) and Hull Mechanical and Electrical (HM&E) testing is complete by the C/S Production Complete Date (PCD) and PCD Milestones, in accordance with NAVSEA SI 009-117 and 009-43. C/S PCD and PCD milestones will be determined by the government and provided to the contractor at contract or option award. The Contractor shall provide updates to the IMS as required until the conclusion of the PSA. All work tasked to the Contractor shall be complete two weeks prior to the conclusion of the PSA to support Light Off Assessment (LOA), Safe To Operate Vessel (STOV), and PRTs.

13. The Contractor shall develop and maintain a Test and Inspection Plan in accordance with NAVSEA SI 009-04. The Contractor shall support responses to requests by the COR and applicable NSA personnel for Objective Quality Evidence (OQE) and condition found reports.

CLIN 0002, and if Options are exercised, CLINs 0102, 0202, and 0302 – EFFORT AND MATERIAL FOR SPECIFIED PSA WORK ITEMS

The Contractor shall provide material and labor required to perform specified PSA work items in accordance with Attachment J-2. The Contractor efforts shall include temporary protection services, cleaners/laborers, transportation services, and production supervision above the leading man-level necessary to support work defined in Attachment J-2. The Contractor shall conduct tests, except those designated as Government responsible, and participate in PRTs, to verify the accuracy and completion of all shipyard industrial work in accordance with Attachment J-2 and the following:

1. Equipment, single system and integrated ship system level tests shall be conducted to demonstrate operations and contract compliance as specified in work item specifications.

2. PRTs shall be conducted in accordance with Section 094 of the DDG 51 Class ship specifications except as follows:

a. PRTs will be conducted by the Government. The operation and navigation of the ship will be under control of the Government. The Contractor shall provide a sea trial coordinator and agreed upon craft personnel, including supervision, to effect emergent repairs during PRTs. The Contractor shall participate in PRT card screening sessions.

b. Correction of deficiencies identified during PRTs shall be completed by the Contractor prior to end of PSA. Exceptions shall be as agreed upon by the Contracting Officer with concurrence with the on-site COR.

3. The Test Procedures used to conduct the test shall be those applicable procedures from the Testing Index and Test Numbering System for DDG 51, NAVSEA DWG 802-6215563 Revision CT (Attachment J-4). The Contractor shall prepare a Test Plan that includes a test index, test procedures and test schedule that addresses all equipment and systems impacted by work performed during the PSA. The tests shall be run as specified in work item specifications. Test documentation not furnished by the Government as part of the work item specification shall be developed by the Contractor.

4. The Contractor shall provide ship services and test support personnel during the conduct of Government responsible tests and trials. The Contractor shall test or re-test all supporting and interfacing equipment, systems, and structures involved in new installations to ensure completeness and proper operation. The Contractor shall develop and submit recommended trial agenda items to the on-site COR for approval and provide trial support. The Contractor shall coordinate its Test Plan with Ship’s Force and on-site COR. Results of tests and trials shall be documented by Test Reports.

5. The Contractor shall provide onboard spare parts and test equipment for all Contractor procured equipment which is different from that previously installed onboard the ship. The range and depth of spare parts shall be in accordance with documented manufacturer's recommendations to support the ship for ninety (90) days.

6. Notwithstanding the requirements set forth in the ship specifications, the Contractor shall not be required to conduct non-recurring tests such as shock, noise, vibration or reliability and maintainability on equipment, systems and interfaces for Government Furnished Equipment (GFE), unless any such nonrecurring test is specifically required to be conducted by a work item specification. The Contractor shall conduct first article tests contingent upon obtaining Government approval to deviate from previously qualified equipment.

CLIN 0003, and if Options are exercised, CLINs 0103, 0203, and 0303 – LEVEL OF EFFORT (LOE) AND MATERIAL