N00024-16-R-6231_RFP_DRAFT.pdf

CODE

(Hour)

PAGE(S)

until local time

X

A X B X C X D

EX

X

G F 130 - 142

X H

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

DO-A7 1 142

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N00024 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 53

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

54 - 70 71 - 73

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

74 - 78 79 - 83

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 84 - 87

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 88 - 96 M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

97 - 127

PART II - CONTRACT CLAUSES

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2050

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

128 - 129

6. REQUISITION/PURCHASE NO.5. DATE ISSUED4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N00024-16-R-6231

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

OHIO SSBN LVA FIXTURES SHIPSET

CPIF

UP TO 5 EACH

(See Notes A and C.)

FOB: Origin (after Loading)

TARGET COST

TARGET FEE

TOTAL TGT COST + FEE

MINIMUM FEE

MAXIMUM FEE

SHARE RATIO ABOVE TARGET

SHARE RATIO BELOW TARGET

1 Each

LVA FIRST ARTICLE

CPIF

Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50 (See Note A.)

DRAFT

DATA

EXHIBIT A

Data deliverables for Items 0001, 0002, 0101, 0102, 0201 thru 0209, 0301 thru 0309, 0401 thru 0409, 0501 thru 0509, 0601 thru 0609 and 0701 thru 0709 Not Separately Priced (See Note B.)

FOB: Destination

NET AMT

EXHIBIT B

Data deliverables for Items 0001, 0101, 0102, and 0201 Not Separately Priced

EXHIBIT C

Data deliverables for Item 0002 Not Separately Priced

PROVISIONED ITEMS ORDERS (PIO)

FFP

(See Notes A and F.)

OPTION OHIO SSBN LVA FIXTURES SHIPSET

Option Year 1

UP TO 5 EACH

(See Notes A, C, and G.)

OPTION VA LVA FIXTURES SHIPSET

Option Year 1

UP TO 5 EACH

OPTION VA LVA FIXTURES SHIPSET

Option Year 2

UP TO 5 EACH

OPTION OHIO SSBN LVA PRODUCTION

CPIF

Option Year 2 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

OPTION SPARE LVA CABLE ASSEMBLIES

Option Year 2

(OBE TO PENETRATOR)

Cables are interchangeable for OHIO SSBN and VA.

UP TO 5 EACH

OPTION SPARE LVA ARRAY INTERFACE CABLES

Option Year 2 Cables are interchangeable for OHIO SSBN and VA.

UP TO 24 Purchased in Lots of 6

OPTION SPARE OHIO SSBN LVA STAVES

Option Year 2 Cables are interchangeable for OHIO SSBN and VA.

UP TO 9 purchased in lots of 3

OPTION SPARE VA LVA STAVES

Option Year 2 Cables are interchangeable for OHIO SSBN and VA.

UP TO 9 purchased in lots of 3

OPTION SPARE LVA OBES

Option Year 2 OBEs are interchangeable for OHIO SSBN and VA.

UP TO 5 EACH

OPTION SPARE OHIO SSBN LVA FAIRINGS SHIPSET

CPIF

Option Year 2 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

OPTION SPARE VA LVA FAIRINGS SHIPSET

CPIF

Option Year 2 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

30,000 Hours

OPTION ENGINEERING AND TECHNICAL SERVICES

Option Year 2 (See Notes A and D.)

CPFF

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

OPTION SUPPORT

COST

Option Year 2 Material, Travel, and Subsistence for Item 0210 (See Notes A and E.)

EXHIBIT D

Data deliverables for Items 0202 thru 0209, 0301 thru 0309, 0401 thru 0409, 0501 thru 0509, 0601 thru 0609 and 0701 thru 0709 Not Separately Priced

EXHIBIT E

Data deliverables for Items 0210, 0310, 0410, 0510, 0610, and 0710

OPTION OHIO SSBN LVA PRODUCTION SHIPSET

CPIF

Option Year 3 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

OPTION VA LVA PRODUCTION SHIPSET

CPIF

Option Year 3

Option Year 3

(OBE TO PENETRATOR)

Cables are interchangeable for OH SSBN and VA.

UP TO 5 EACH

Option Year 3 Cables are interchangeable for OHIO SSBN and VA.

UP TO 24 Purchased in lots of 6

Option Year 3 UP TO 9 Purchased in lots of 3

Option Year 3 UP TO 9 Purchased in lots of 3

Option Year 3 OBEs are interchangeable for OHIO SSBN and VA.

UP TO 5 EACH

CPIF

Option Year 3 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

CPIF

Option Year 3 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

20,000 Hours

Option Year 3

COST

Option Year 3 Material, Travel, and Subsistence for Item 0310

CPIF

Option Year 4 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

Option Year 4

UP TO 3 EACH

Option Year 4

(OBE TO PENETRATOR)

Cables are interchangeable for OH SSBN and VA.

UP TO 5 EACH

Option Year 4 Cables are interchangeable for OHIO SSBN and VA.

UP TO 24 Purchased in lots of 6

Option Year 4 UP TO 9 Purchased in lots of 3

Option Year 4 UP TO 9 Purchased in lots of 3

Option Year 4 OBEs are interchangeable for OHIO SSBN and VA.

UP TO 5 EACH

CPIF

Option Year 4 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

CPIF

Option Year 4 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

Option Year 4

COST

Option Year 4 Material, Travel, and Subsistence for Item 0410

CPIF

Option Year 5 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

Option Year 5

UP TO 3 EACH

Option Year 5

(OBE TO PENETRATOR)

Cables are interchangeable for OH SSBN and VA.

UP TO 5 EACH

Option Year 5 Cables are interchangeable for OHIO SSBN and VA.

UP TO 24 Purchased in lots of 6

Option Year 5 UP TO 9 Purchased in lots of 3

Option Year 5 UP TO 9 Purchased in lots of 3

Option Year 5 OBEs are interchangeable for OHIO SSBN and VA.

UP TO 5 EACH

CPIF

Option Year 5 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

CPIF

Option Year 5 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

Option Year 5

COST

Option Year 5 Material, Travel, and Subsistence for Item 0510

CPIF

Option Year 6 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

Option Year 6

UP TO 3 EACH

Option Year 6

(OBE TO PENETRATOR)

Cables are interchangeable for OH SSBN and VA.

UP TO 5 EACH

Option Year 6 Cables are interchangeable for OHIO SSBN and VA.

UP TO 24 Purchased in lots of 6

Option Year 6 UP TO 9 Purchased in lots of 3

Option Year 6 UP TO 9 Purchased in lots of 3

Option Year 6 OBEs are interchangeable for OHIO SSBN and VA.

UP TO 5 EACH

CPIF

Option Year 6 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

CPIF

Option Year 6 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

Option Year 6

COST

Option Year 6 Material, Travel, and Subsistence for Item 0610

CPIF

Option Year 7 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

Option Year 7

UP TO 3 EACH

Option Year 7

(OBE TO PENETRATOR)

Cables are interchangeable for OH SSBN and VA.

UP TO 5 EACH

Option Year 7 Cables are interchangeable for OHIO SSBN and VA.

UP TO 24 Purchased in lots of 6

Option Year 7 UP TO 9 Purchased in lots of 3

Option Year 7 UP TO 9 Purchased in lots of 3

Option Year 7 OBEs are interchangeable for OHIO SSBN and VA.

UP TO 5 EACH

CPIF

Option Year 7 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

CPIF

Option Year 7 Below Target Share Ratio: 50/50 Above Target Share Ratio: 50/50

Option Year 7

COST

Option Year 7 Material, Travel, and Subsistence for Item 0710

NOTES

NOTE A: Subline Items identifying funding appropriation, fiscal year designation, and Program Office customer will be assigned at the time of contract award, Option exercise, and/or allotment of funds.

NOTE B: 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 C: Offeror shall propose pricing for each step-ladder quantity identified in the table below corresponding to each item.

NOTE D: The Government will issue Technical Instructions in accordance with the Section H clause of this contract entitled “TECHNICAL INSTRUCTIONS”. The Contractor shall not perform any efforts under these items until and unless tasked by the Government.

NOTE E: The Government will fund this item as needed during contract performance. Material, travel, and subsistence costs incurred by the Contractor during the performance of this contract will be reimbursed to the Contractor at cost only (no fee will be paid on this line item).

NOTE F: Periodically, Provisioned Items Orders (PIOs) may be placed against the PIO line item and the cost base thereof shall be negotiated by the parties to the contract prior to establishing Firm Fixed Price for each order. The profit percentage is hereby established to be ___% (to be filled in by Offeror) and shall be multiplied by the cost base (less FCCOM) at the establishment of each order.

NOTE G: The Government may unilaterally exercise this option within the established stepladder pricing in accordance with FAR 52.217-7, incorporated in Section I. Furthermore, the Government has the right to increase the quantity of this CLIN multiple times after it has been initially exercised as long as it occurs before the close of the option exercise window stated in FAR 52.217-7. The quantity can be increased by any increment as long as the total quantity does not exceed the maximum quantity stated in the stepladder pricing for this CLIN. If this increase occurs within a 90 day period of other quantities exercised under the CLIN, then pricing for all hardware under the CLIN procured within this 90 day period shall be adjusted to the unit price from the stepladder pricing appropriate for the total quantity being procured. For quantity increases not occurring within a 90-day period of when other quantities are exercised under the CLIN, the Government shall use unit pricing from the stepladder pricing applicable to the quantity of hardware being added and the pricing of previous quantities under said CLIN shall not change.

STEPLADDER PRICING

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0001

ITEM

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

QTY = 4 $ $ $ $0.00 $ 50/50 50/50

QTY = 5 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0101

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0102

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0201

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0203

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0204

CPIF ITEM

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 6 $ $ $ $0.00 $ 50/50 50/50

QTY = 12 $ $ $ $0.00 $ 50/50 50/50

QTY = 18 $ $ $ $0.00 $ 50/50 50/50

QTY = 24 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0205

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

QTY = 6 $ $ $ $0.00 $ 50/50 50/50

QTY = 9 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0206

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0207

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0303

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0304

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 6 $ $ $ $0.00 $ 50/50 50/50

QTY = 12 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0305

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0306

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0307

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0402

ITEM

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0403

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0404

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 6 $ $ $ $0.00 $ 50/50 50/50

QTY = 12 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0405

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0406

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0407

ITEM

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0502

ITEM

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0503

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0504

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 6 $ $ $ $0.00 $ 50/50 50/50

QTY = 12 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0505

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0506

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0507

ITEM

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0602

ITEM

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0603

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0604

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 6 $ $ $ $0.00 $ 50/50 50/50

QTY = 12 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0605

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0606

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0607

ITEM

TARGET

COST

TARGET

FEE

TARGET

COST +

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

ABOVE

0607 FEE SHARE

RATIO

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0702

ITEM

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0703

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0704

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 6 $ $ $ $0.00 $ 50/50 50/50

QTY = 12 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0705

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

QTY = 6 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0706

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

STEPLADDER PRICING FOR COST-PLUS-INCENTIVE-FEE ITEM – 0707

ITEM

TARGET

COST

TARGET

FEE

TARGET

COST +

FEE

MINIMUM

FEE

MAXIMUM

FEE

BELOW

TARGET

SHARE

RATIO

ABOVE

TARGET

SHARE

RATIO

QTY = 1 $ $ $ $0.00 $ 50/50 50/50

QTY = 2 $ $ $ $0.00 $ 50/50 50/50

QTY = 3 $ $ $ $0.00 $ 50/50 50/50

ESTIMATED COST AND FIXED FEE SCHEDULE FOR LEVEL OF EFFORT ITEMS

(1)

HOURS

(2)

ESTIMATED

(EC)*

(3)

EC

HOURLY

RATE

=(2)/(1)

(4)

(FF)*

(5)

FF

RATE

=(4)/(1)

EC+FF

=(3)+(5)

EXTENDED

EC+FF

=(2)+(4)

0210 30,000 0310 20,000 0410 20,000 0510 20,000 0610 20,000 0710 20,000

*The Estimated Cost amount includes Cost of Money; however, the Fixed Fee calculation excludes Cost of Money.

CLAUSES INCORPORATED BY FULL TEXT

HQ B-2-0004 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.

HQ B-2-0007 LIMITATION OF COST/LIMITATION OF FUNDS (NAVSEA) (SEP 1990)

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.

Applicable CLINs: 0001, 0002, 0101, 0102, 0201, 0202, 0203, 0204, 0205, 0206, 0207, 0208, 0209, 0210, 0211, 0301, 0302, 0303, 0304, 0305, 0306, 0307, 0308, 0309, 0310, 0311, 0401, 0402, 0403, 0404, 0405, 0406, 0407, 0408, 0409, 0410, 0411, 0501, 0502, 0503, 0504, 0505, 0506, 0507, 0508, 0509, 0510, 0511, 0601, 0602, 0603, 0604, 0605, 0606, 0607, 0608, 0609, 0610, 0611, 0701, 0702, 0703, 0704, 0705, 0706, 0707, 0708, 0709, 0710, 0711

HQ B-2-0014 PAYMENTS OF FEE (S) (COMPLETION) (NAVSEA) (MAY 1993)

(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 TBD percent (TBD%) 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.

Applicable CLINs: 0001, 0002, 0101, 0102, 0201, 0202, 0203, 0204, 0205, 0206, 0207, 0208, 0209, 0301, 0302, 0303, 0304, 0305, 0306, 0307, 0308, 0309, 0401, 0402, 0403, 0404, 0405, 0406, 0407, 0408, 0409, 0501, 0502, 0503, 0504, 0505, 0506, 0507, 0508, 0509, 0601, 0602, 0603, 0604, 0605, 0606, 0607, 0608, 0609, 0701, 0702, 0703, 0704, 0705, 0706, 0707, 0708, HQ B-2-0015 PAYMENT OF FEES(S) (LEVEL OF EFFORT – ALTERNATE I) (NAVSEA) (MAY 2010)

(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.

Applicable CLINs: 0210, 0310, 0410, 0510, 0610, 0710

HQ B-2-0017 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.

HQ B-2-0020 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.

HQ B-2-0023 CONTRACT SUMMARY FOR PAYMENT OFFICE (COST/FIXED PRICE) (FEB 1997)

This contract includes the following mixture of cost reimbursement and fixed price line items:

Item Type 0001, 0002, 0101, 0102, 0201, 0202, 0203, 0204, 0205, 0206, 0207, 0208, 0209, 0301, 0302, 0303, 0304, 0305, 0306, 0307, 0308, 0309, 0401, 0402, 0403, 0404, 0405, 0406, 0407, 0408, 0409, 0501, 0502, 0503, 0504, 0505, 0506, 0507, 0508, 0509, 0601, 0602, 0603, 0604, 0605, 0606, 0607, 0608, 0609, 0701, 0702, 0703, 0704, 0705, 0706, 0707, 0708, and 0709

Cost Plus Incentive Fee (CPIF)

0003, 0004, 0005, 0212, and 0213 Not Separately Priced (NSP) 0006 Firm Fixed Price (FFP) 0210, 0310, 0410, 0510, 0610, and 0710 Cost Plus Fixed Fee (CPFF) 0211, 0311, 0411, 0511, 0611, and 0711 Cost only

Section C - Descriptions and Specifications

ITEM 0001 – OHIO SSBN LVA FIXTURE SHIPSET and (IF OPTION EXERCISED) ITEM 0101

The Contractor shall build, test, and deliver OHIO SSBN LVA Fixture Shipsets in accordance with Attachment 2, SOW. A Fixture Shipset is defined as all mechanical fixtures required to manufacture, transport, and install an LVA shipset on a submarine. Fixtures shall be capable of use in array manufacturing, in transportation from the manufacturing site to the installation site, and in the installation of the arrays on the submarine.

ITEM 0002 – LVA FIRST ARTICLE

The Contractor shall build, test, and deliver a First Article unit that shall include two array staves, four acoustic test panels, five OBEs, and the associated cables for the modules and testing in accordance with Attachment 2, SOW and the requirements of Attachments 3-6.

ITEM 0003 - DATA REQUIREMENTS (NAVSEA) (SEP 1992) for ITEMS 0001, 0002, and (IF OPTIONS ARE EXERCISED) ITEMS 0101, 0102, 0201 thru 0209, 0301 thru 0309, 0401 thru 0409, 0501 thru 0509, 0601 thru 0609 and 0701 thru 0709.

The data to be furnished hereunder shall be prepared by the Contractor in accordance with the Contract Data Requirements Lists, DD Form 1423 in Exhibit A.

ITEM 0004 - DATA REQUIREMENTS (NAVSEA) (SEP 1992) for ITEM 0001, and (IF OPTIONS ARE EXERCISED) ITEMS 0101, 0102 and 0201

The data to be furnished hereunder shall be prepared by the Contractor in accordance with the Contract Data Requirements Lists, DD Form 1423 in Exhibit B.

ITEM 0005 - DATA REQUIREMENTS (NAVSEA) (SEP 1992) for ITEM 0002

The data to be furnished hereunder shall be prepared by the Contractor in accordance with the Contract Data Requirements Lists, DD Form 1423 in Exhibit C.

ITEM 0006 - PROVISIONED ITEMS ORDERS (NAVSEA) (APR 2015)

(a) General. The Contractor agrees that it will furnish the supplies or services ordered by the Government in accordance with the procedures specified herein. Orders will be placed by the Contracting Officer, Provisioning Activity or Administrative Contracting Officer as unilateral or bilateral modifications to this contract on SF 30, Amendment of Solicitation/Modification of Contract. Any amounts shown in Section B at time of award of the initial contract for each provisioned line item are estimated amounts only and are subject to upward or downward adjustment by the issuing activity. If no amounts are shown, funding will be obligated before or at time of order issuance. It is understood and agreed that the Government has no obligation under this contract to issue any orders hereunder.

(b) Priced Orders. For each proposed order, the Contractor agrees that it will submit such cost or pricing data as the Contracting Officer may require. Promptly thereafter, the Contractor and the Contracting Officer shall negotiate the price and delivery schedule for the proposed order. Upon execution and receipt of the priced order, the Contractor shall promptly commence the work specified in the order.

(c) Undefinitized Orders. Whenever the Contracting Officer determines that urgent demands or requirements prevent the issuance of a priced order, he/she may issue an unpriced order. Such order may be unilateral or bilateral and shall establish a limitation of Government liability, a maximum ceiling amount, and a schedule for definitization, as described in subparagraph (e)(2) below. Upon request the Contractor shall submit a maximum ceiling amount proposal before the undefinitized order is issued. The maximum ceiling amount is the maximum price at which the order may be definitized. The Contractor shall begin performing the undefinitized order upon receipt, except as provided in paragraph (d) below. The clause entitled "CONTRACT DEFINITIZATION" (DFARS 252.217-7027) shall be included in any undefinitized order.

(d) Rejection of Unilateral Orders. The Contractor may reject any unilateral order if the Contractor determines that it cannot feasibly perform the order, or if the Contractor does not concur with the maximum ceiling amount.

However, each unilateral order shall be deemed to have been accepted by the Contractor unless within fifteen days of issuance of the order, the Contractor notifies the Contracting Officer in writing of its rejection of the order.

(e) Definitization of Undefinitized Orders. (1) The Contractor agrees that following the issuance of an undefinitized order, it will promptly begin negotiating with the Contracting Officer the price and terms of a definitive order that will include: (A) all clauses required by regulation on the date of the order; (B) all clauses required by law on the date of execution of the definitive order; and, (C) any other mutually agreeable clauses, terms and conditions. No later than sixty (60) days after the undefinitized order is issued, the Contractor agrees to submit a cost proposal with sufficient data to support the accuracy and derivation of its price; and, when required by FAR, cost or pricing data. If additional cost information is available prior to the conclusion of negotiations, the Contractor shall provide that information to the Contracting Officer. The price agreed upon shall be set forth in a bilateral modification to the order. In no event shall the price exceed the maximum ceiling amount specified in the undefinitized order.

(2) Each undefinitized order shall contain a schedule for definitization which shall include a target date for definitization and dates for submission of a qualifying proposal, beginning of negotiations and, if appropriate, submission of make-or-buy and subcontracting plans and cost or pricing data. Submission of a qualifying proposal in accordance with the definitization schedule is a material element of the order. The schedule shall provide for definitization of the order by the earlier of:

(i) a specified target date which is not more than 180 days after the issuance of the undefinitized order.

However, that target date may be extended by the Contracting Officer for up to 180 days after the Contractor submits a qualifying proposal as defined in DFARS 217.7401; or

(ii) the date on which the amount of funds expended by the Contractor under the undefinitized order exceed fifty percent (50%) of the order's maximum ceiling amount, except as provided in subparagraph (f)(3) below.

(3) If agreement on a definitive order is not reached within the time provided pursuant to subparagraph (e)(2) above, the Contracting Officer may, with the approval of the Head of the Contracting Activity, determine a reasonable price in accordance with Subpart 15.4 and Part 31 of the FAR, and issue a unilateral order subject to Contractor appeal as provided in the "DISPUTES" clause (FAR 52.233-1). In any event, the Contractor shall proceed with completion of the order, subject to the "LIMITATION OF GOVERNMENT LIABILITY" clause

(FAR 52.216-24).

(f) Limitation of Government Liability. (1) Each undefinitized order shall set forth the limitation of Government liability, which shall be the maximum amount that the Government will be obligated to pay the Contractor for performance of the order until the order is definitized. The Contractor is not authorized to make expenditures or incur obligations exceeding the limitation of Government liability set forth in the order. If such expenditures are made, or if such obligations are incurred, they will be at the Contractor's sole risk and expense. Further, the limitation of Government liability shall be the maximum Government liability if the order is terminated. The "LIMITATION OF GOVERNMENT LIABILITY" clause shall be included in any undefinitized order.

(2) Except for undefinitized orders for Foreign Military Sales; purchases of less than $25,000; special access programs; and Congressionally-mandated long-lead procurements; and except as otherwise provided in subparagraph (f)(3) below, the limitation of Government liability shall not exceed fifty percent (50%) of the ceiling amount of an undefinitized order. In the case of orders within these excepted categories, however, the procedures set forth herein shall be followed to the maximum extent practical.

(3) If the Contractor submits a qualifying proposal (as defined in DFARS 217.7401) to definitize an order before the Government has obligated fifty percent (50%) of the ceiling amount, the Contracting Officer may increase the limitation of Government liability to up to seventy-five percent (75%) of the maximum ceiling amount or up to seventy-five percent (75%) of the price proposed by the Contractor, whichever is less.

(4) If at any time the Contractor believes that its expenditure under an undefinitized order will exceed the limitation of Government liability, the Contractor shall so notify the Contracting Officer, in writing, and propose an appropriate increase in the limitation of Government liability of such order. Within thirty (30) days of such notice, the Contracting Officer will either (i) notify the Contractor in writing of such appropriate increase, or (ii) instruct the Contractor how and to what extent the work shall be continued; provided, however, that in no event shall the Contractor be obligated to proceed with work on an undefinitized order beyond the point where its costs incurred plus a reasonable profit thereon exceed the limitation of Government liability, and provided also that in no event shall the Government be obligated to pay the Contractor any amount in excess of the limitation of Government liability specified in any such order prior to establishment of firm prices.

(g) Initial Spares. The limitations set forth in paragraph (c) and subparagraphs (e)(2), (f)(2) and (f)(3) do not apply to undefinitized orders for the purchase of initial spares.

(h) Terminal Date for Placement of Orders. The Contractor shall not be obligated to accept any orders placed hereunder beyond 180 days after delivery of the last end item.

(i) Segregation of Costs. The Contractor shall segregate the costs of performance of each undefinitized order from the cost of any other work performed by the Contractor.

ITEMS 0102 and 0201 (IF OPTIONS ARE EXERCISED) – VA LVA FIXTURE SHIPSET

The Contractor shall build, test, and deliver VA LVA Fixture Shipsets in accordance with Attachment 2, SOW. A Fixture Shipset is defined as all mechanical fixtures required to manufacture, transport, and install an LVA shipset on a submarine. Fixtures shall be capable of use in array manufacturing, in transportation from the manufacturing site to the installation site, and in the installation of the arrays on the submarine.

ITEMS 0202, 0301, 0401, 0501, 0601, and 0701 (IF OPTIONS ARE EXERCISED) - OHIO SSBN LVA

SHIPSET

The Contractor shall build, test, and deliver an OHIO SSBN LVA Shipset in accordance with Attachment 2, SOW.

Shipsets are comprised of two arrays - one array on each side of the submarine - an array includes sensors, array staves, cabling, OBEs, fairings, and associated wiring, in accordance with Attachment 2, SOW and Attachments 3-6.

ITEMS 0203, 0303, 0403, 0503, 0603, and 0703 (IF OPTIONS ARE EXERCISED) - SPARE LVA CABLE

ASSEMBLY (OBE TO PENETRATOR)

The Contractor shall build, test, and deliver spare LVA Cable Assembly (OBE to Penetrator) in accordance with Attachment 2, SOW and Attachments 3-6. LVA Cable Assemblies (OBE to Penetrator) shall connect the OBEs with the hull penetrators for telemetry and power and shall be interchangeable for OH SSBN and VA Blocks III and IV submarines.

ITEMS 0204, 0304, 0404, 0504, 0604, and 0704 (IF OPTIONS ARE EXERCISED) - SPARE LVA ARRAY

INTERFACE CABLES

The Contractor shall build, test, and deliver spare LVA Array Interface Cable (OBE to array panel) in accordance with Attachment 2, SOW and Attachments 3-6. LVA Array Interface Cables shall be interchangeable between OH SSBN and VA Blocks III and IV submarines.

ITEMS 0205, 0305, 0405, 0505, 0605, and 0705 (IF OPTIONS ARE EXERCISED) - SPARE OHIO SSBN

LVA STAVES

The Contractor shall build, test, and deliver spare OH SSBN LVA Stave in accordance with Attachment 2, SOW and Attachments 3, 5, and 6. An array stave is defined as a vertical block of acoustic sensors embedded in the array material. Each array stave is comprised of four columns of 64 acoustic sensors. The LVA is comprised of 8 array staves for OHIO SSBN submarines.

ITEMS 0206, 0306, 0406, 0506, 0606, and 0706 (IF OPTIONS ARE EXERCISED) - SPARE VA LVA

STAVES

The Contractor shall build, test, and deliver spare VA LVA Stave in accordance with Attachment 2, SOW and Attachments 3, 5, and 6. An array stave is defined as a vertical block of acoustic sensors embedded in the array material. Each array stave is comprised of four columns of 64 acoustic sensors. The LVA is comprised of 18 array staves for VA Blocks III and IV submarines.

ITEMS 0207, 0307, 0407, 0507, 0607, and 0707 (IF OPTIONS ARE EXERCISED) - SPARE LVA OBES

The Contractor shall build, test, and deliver spare LVA OBE in accordance with Attachment 2, SOW and Attachment 4. OBEs are outboard electronics that are required to provide the necessary signal conditioning, timing, power, and network interface for the acoustic sensor signals to the inboard processing system. Germanium semiconductors shall not be used. LVA OBEs shall be interchangeable for OH SSBN and VA Blocks III and IV submarines.

ITEMS 0208, 0308, 0408, 0508, 0608, and 0708 (IF OPTIONS ARE EXERCISED) - SPARE OHIO SSBN

LVA FAIRINGS SHIPSET

The Contractor shall build, test, and deliver a spare OHIO SSBN LVA Fairings Shipset in accordance with Attachment 2, SOW. An OHIO SSBN LVA Fairings Shipset is defined as all components to properly fair an OHIO SSBN LVA Shipset to the hull of an OHIO SSBN submarine with a minimum 8:1 ratio forward and aft of the array and a minimum 6:1 ratio on the top and bottom of the array installed on an OHIO SSBN submarine. The fairings shipset shall be built to ensure laminar water flow across the acoustic face of the array at all speeds and depths.

Fairings shipsets shall incorporate acoustic isolation around the entire array. Fairings shall also accommodate hull valves, pumps, and other structures that may be installed on the submarine.

ITEMS 0209, 0309, 0409, 0509, 0609, and 0709 (IF OPTIONS ARE EXERCISED) - SPARE VA LVA

FAIRINGS SHIPSET

The Contractor shall build, test, and deliver a spare VA LVA Fairings Shipset in accordance with Attachment 2, SOW. VA LVA Fairings are defined as the mechanical structure necessary to provide a minimum 8:1 ratio flow fairing forward and aft of the LVA and a minimum 6:1 ratio on the top and bottom side of the array installed on a VA Blocks III or IV submarine. The fairings shall be built to ensure laminar water flow across the acoustic face of the array at all speeds and depths. Fairings shall incorporate acoustic isolation around the entire array. Fairings shall also accommodate hull valves, pumps, and other structures that may be installed on the submarine.

ITEMS 0210, 0310, 0410, 0510, 0610, and 0710 (IF OPTIONS ARE EXERCISED) Engineering Services (NAVSEA) (Apr 2004):

(a) The Contractor shall furnish the services of qualified engineer(s) in accordance with Attachment 2, SOW.

(b) For purposes of this requirement, the following definitions apply:

(1) "Domestic services" means services rendered within the United States (U.S.) and/or on Navy vessels in ports within the U.S. or at sea, provided the vessel does not enter port outside the U.S.

(2) "Foreign services" means services other than domestic.

(3) "United States" means the United States, its possessions, Puerto Rico, and any other place subject to its jurisdiction, but does not include leased bases or trust territories.

(4) "Man day" means the services of one engineer for one day of eight hours, Monday through Friday (excluding holidays).

(5) "Holidays" means all Federally recognized holidays.

(c) The engineering services shall be performed within the limits, if any, as to place(s) and period(s) specified therefor, as authorized by the Contracting Officer’s Representative.

(d) When authorized under paragraph (c) above, each engineer shall perform engineering services in accordance with supplemental instructions provided by the Contract Administration Office (CAO) cognizant of vessel construction/conversion contract, a representative of the authorizing activity or a representative of the activity where the engineering services are performed, as applicable. However, each engineer shall not be considered an employee of the Government.

(e) Travel time necessary for performance of such services shall be included in computing the man days of service.

When services are performed at sea and the engineer(s) is unable to leave the vessel when work is completed, the remaining time aboard the vessel shall be considered travel time for purposes of computing the man days of services. However, the Contractor shall be paid for no more than one man day of service per calendar day for each engineer while in travel status.

(f) Passports, visas, inoculations and other medical requirements necessary for performance of engineering services shall be at the sole responsibility and expense of the Contractor.

(g) Each time services are performed, the engineer(s) shall obtain a certification of performance from a responsible U.S. Government official aboard the vessel or at the activity where the services were performed, citing tasks satisfactorily performed and hours worked each day.

(h) The maximum liability of the Government for each engineering services item shall not exceed the amount set forth in the Schedule, or the amount obligated whichever is less. If, at any time, the Contractor has reason to believe that the amounts it expects to incur in the performance of each engineering services item in the next succeeding sixty

(60) days, when added to all amounts previously incurred, will exceed seventy-five percent (75%) of the amount then set forth in the Schedule; or if, at any time,…