N00024-17-R-2205.pdf

CODE

(Hour)

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until 02:00 PM local time 01 May 2017

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132 - 142 X H 143 - 147 brenda.uyeda@navy.mil

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-A3 1 147

(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)

BRENDA A UYEDA 202-781-3928

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 21

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

22 - 43 44 - 50

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

51 - 53 54 - 62

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 63 - 67 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 68 - 80 X 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

81 - 107

PART II - CONTRACT CLAUSES

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2020

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.

N0002416NR53013

5. DATE ISSUED

09 Mar 2017

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N00024-17-R-2205

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

90’ ASD Harbor Tug (YT)

FFP

1 Each

Includes Technical Data Package, 50-Man IBA, Acceptance Trials, Unique Item Identification (UID) FOB: Destination

PURCHASE REQUEST NUMBER: N0002416NR53013

NET AMT

Includes Technical Data Package, 50-Man IBA, Acceptance Trials, Unique Item Identification (UID)

Crew Familiarization

1003AA

Crew Familiarization Bremerton

1003AB

Crew Familiarization Bremerton

Packaging and Delivery to NAVBASE Kitsap

NAVBASE Kitsap, Bremerton Annex (Bremerton, WA)

1004AA

1004AB

Navy MK-7 Life Raft

OPTION See Note B.

Hoisting System

OPTION Includes Technical Data Package, Acceptance Trials, Unique Item Identification (UID)

See Note B.

See Note B.

50-Man IBA

OPTION Inflatable Buoyant Apparatus

See Note B.

See Note B.

Packaging and Delivery to Yokosuka

OPTION Fleet Activities Yokosuka (Yokosuka, Japan)

See Note B.

OPTION NAVBASE Kitsap, Bremerton Annex (Bremerton, WA)

See Note B.

All-Around Green Flashing Towing Lights

Electronic Navigation Charts for Japan

See Note B.

See Note B.

See Note B.

See Note B.

See Note B.

See Note B.

Provisioned Item Order (PIO)

See Note A.

Note A: Provisional amounts are subject to adjustment under the clause of this contract entitled "PROVISIONED ITEMS ORDER” for supplies or other requirements ordered pursuant to said clause. The amounts shown are for planning purposes only. Amount in actual orders, if any orders are issued, will be individually priced. All orders hereunder are to be firm-fixed price.

NOTE B - Option item to which the option clause in SECTION I-2 applies and which is to be supplied only if and to the extent said option is exercised.

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-2-0022 CONTRACT SUMMARY FOR PAYMENT OFFICE (FIXED PRICE) (FEB 1997)

This entire contract is fixed price.

Section C - Descriptions and Specifications

SECTION C - DESCRIPTION AND SPECIFICATIONS

PART 1: STATEMENT OF WORK

Items 1001, 1002, and if options are exercised 2001, 2002, 3001, and 3002 – 90’ Azimuthing Stern Drive Harbor Tugboat (YT)

The Contractor shall construct and deliver one (1) Azimuthing Stern Drive Harbor Tugboat (YT) complete with craft equipment and accessories as specified in this Section C and in the attached YT Requirements Matrix (Attachment 1). All items apply except 084; 084.1; 422.3; 426.10; 583.4; 583.5; 611.8 and 848 of the YT Requirement Matrix (Attachment 1). Prices quoted in the Requirements Matrix should be for one (1) complete standard craft.

The Contractor shall perform Acceptance Trials (AT) for the craft delivered under Item 1001 and Item 1002.

Description of services is provided in Items 094 through 094.6 of the YT Requirements Matrix (Attachment 1) and in Section C 11.0.

Items 1003, and if exercised, 2007, 2008, 3007, 3008 – Crew Familiarization

The Contractor shall provide 40 hours of Crew Familiarization at destination as specified in Section C and Item 848 of the YT Requirements Matrix (Attachment 1).

Items 1004, and if exercised, 2010, 3009, 3010 – Packaging and Delivery to NAVBASE Kitsap, Bremerton Annex (Bremerton, WA)

The Contractor shall prepare the Azimuthing Stern Drive Harbor Tugboat (YT) for shipment as specified in Section D packaging and Marking. Craft shall be delivered with transportation charges prepaid by the Contractor to the location(s) specified in Section F Deliveries or Performance and Item 084 of the YT Requirements Matrix (Attachment 1).

Items 1005, 1006, 2005, 2006, 3005 and 3006, if options are exercised - Navy MK-7 Life Raft

A Navy MK-7 Life Raft shall be installed on each YT as specified in Item 583.5 of the YT Requirements Matrix.

Items 1007, 1008, 2011, 2012, 3011 and 3012, if options are exercised – Hoisting System

The YT shall incorporate a 4-leg, dual point lift configuration (with spreader bars) utilizing integral lifting padeyes for lifting the craft onto a ship or into drydock. Drawings, calculations, certifications, and labeling for the hoisting system shall be included as specified in Item 611.8 of the YT Requirements Matrix (Attachment 1).

Items 2003, 2004, 3003, 3004, if options are exercised – 50-Man IBA

A 50-man inflatable buoyant apparatus (IBA) shall be installed on each YT as specified in Item 583.4 of the YT Requirements Matrix (Attachment 1).

Item 2009, if option is exercised – Packaging and Delivery to Fleet Activities Yokosuka (Yokosuka, Japan)

The Contractor shall prepare the Azimuthing Stern Drive Harbor Tugboat (YT) for shipment as specified in Section D packaging and Marking. Craft shall be delivered with transportation charges prepaid by the Contractor to the location(s) specified in Section F Deliveries or Performance and Item 084.1 of the YT Requirements Matrix

Item 2013, if option is exercised - All-Around Green Flashing Towing Lights

All-around green flashing towing lights shall be installed as specified in Item 422.3 of the YT Requirements Matrix

Item 2014, if option is exercised - Electronic Navigation Charts for Japan

Electronic navigation charts for Japan shall be provided as specified in Item 426.10 of the YT Requirements Matrix

Item 3013, if option is exercised - Provisioned Item Orders (PIO) OPTION

The Government may order spares for the procured crafts under this Item. Orders, if any, will be made in accordance with Section C C-4 PROVISIONED ITEM ORDERS (PIO) – SPARES. In the event that spares are ordered, the Contractor shall be responsible for loading shore-based spares onboard the vessel prior to vessel departure. The Contractor shall accomplish receipt, inspection, identification, packing, marking, stowage, and loading of all spare parts, tools, test equipment and other material that may be ordered. A copy of the packing list shall be placed inside or securely attached to the outside of each box for shipment with the craft. Payment for PIOs will be completed by standard commercial delivery payment.

Note: Unless otherwise specified, all systems, equipment and components installed shall be in accordance with American Bureau of Shipping (ABS) Rules, US Coast Guard Regulations and other federal laws (Code of Federal Regulations), and Institute of Electrical and Electronic Engineers (IEEE) Standard 45 series.

PART 1: STATEMENT OF WORK (CONTINUED)

1.0 CONTRACTOR RESPONSIBILITY FOR DESIGN

The Contractor shall take into consideration existing U.S. Navy logistics support infrastructure in the selection of equipment for the craft.

In as much as the Contract Specifications and contract design are prepared and developed by the Contractor, the Contractor assumes the responsibility for the completeness, thoroughness and adequacy of the specifications for designing and building the ASD Harbor Tugboat (YT) and for its meeting the requirements of the Statement of Work (SOW) and the Requirements Matrix. In the event there are any errors or omissions in the contract specifications, or in the accompanying information that affect the detailed design and construction of the craft, the Contractor shall correct such errors or omissions as a part of the contract work with no increase in contract price.

Furthermore, the Contractor shall be responsible for ensuring that the craft as delivered after construction shall comply with all the applicable laws of the United States and the requirements and standards of the various Regulatory Bodies and other organizations identified in the Requirements Documentation. A Letter of Compliance shall be provided by the Contractor certifying that the YT complies with:

1. American Bureau of Shipping (ABS) Rules

2. U.S. Coast Guard Regulations/Instructions

3. Institute of Electrical and Electronic Engineers Recommended Practice for Electrical Installations on

Shipboard (IEEE Standard 45 series)

The Contractor shall also be responsible for ensuring that the craft meets the requirements to be classed by ABS and obtain a Statement of Fact Certification for the craft per the YT contract requirements. As the designated classification society, the Contractor shall ensure that ABS witnesses the YT construction and testing and conducts certifications ensuring the Contractor’s compliance to the commercial standards of the Rules and the contractual and specification requirements. The Contractor shall provide copies of all Regulatory Body technical documentation.

Any inquiries or comments made or not made by the Government in its evaluation of the Contractor’s specification and contract design upon which this contract is awarded are made for informational purposes and shall not relieve the Contractor of the responsibilities described above.

2.0 CREW FAMILIARIZATION

The Contractor shall provide forty (40) hours of crew familiarization to personnel involved in the management and operations of the craft. The familiarization shall be held at the delivery destination specified in Section F or an alternate location agreed to by the Government within fifteen (15) days of delivery and shall be scheduled as agreed to by the Government. The Contractor shall provide thirty (30) days prior notice of the proposed date for crew familiarization. The familiarization shall provide crew orientation and a general understanding of the operation of the craft and its general arrangements. Topics to be covered shall include: electrical systems (e.g. switchboard, generator sets, electrical distribution); central monitoring and alarm system; safety and lifesaving systems;

navigation systems; internal and external communication systems; main propulsion diesel engines; selective catalytic reduction (SCR) systems; Z-drive units; propulsion control and steering systems; winches and towing equipment; brow; HVAC system, internal and external fire-fighting systems; tanks, piping, and fluid processing systems; and other auxiliary systems. Familiarization shall include any required equipment verification or maintenance activities required during routine operation (i.e. monthly basis or more frequently). Less than 20% of the familiarization shall be classroom instruction; the remainder of the time shall be on the craft, in the spaces, with a fully-qualified technical representative. The familiarization shall include a minimum of eight (8) hours underway.

The Contractor shall provide handouts and other training materials to all participants.

3.0 SCHEDULES

The Contractor shall develop schedules necessary for the construction of the craft. Schedules shall include, in proper sequence, the actions, events and milestones, for all major stages of construction of the craft with corresponding planned start and completion dates listed as days after contract award (DACA) and the actual completion dates. A column shall be provided for comments to include an explanation of problems encountered and clarification remarks. All schedules shall be maintained current to the delivery submittal schedule requirements. All schedules shall be provided to the Government upon request.

The Craft Master Construction/Key Event production schedule shall show the flow of construction progress from beginning to end. Events are to be identified as a completed action during the construction phase. The schedule shall include the event, the percent of labor required to complete that item, the cumulative percent of labor, the original estimated completion date, and the current estimated or actual completion date.

The Drawing Schedule shall consist of a listing of drawings with the following information: drawing title, NAVSEA drawing number, latest revision letter, scheduled issue dates, actual issue dates, and revised dates.

The Paint Schedule shall list each component/space to be painted, surface preparation, insulation, primer, stripe coat application and each overcoat. Colors, types, number of coats, Dry Film Thickness (DFT), application method, brand names and manufacturer, product data sheets and remarks shall be included.

A Paint Application Report, signed by a paint manufacturer’s representative shall be provided certifying that the paint has been applied under supervision of the paint manufacturer’s representative and in accordance with the manufacturer’s recommendations. The application report shall include the coating manufacturer name, coating name, coating batch number, application area, date and time of application, surface preparation, environmental conditions (weather, temperature, humidity, dew point, surface temperature), and random film thickness measurements for each application.

4.0 TECHNICAL DATA PACKAGE (TDP)

4.1 Scope. The Contractor shall provide a complete Technical Data Package (TDP) to include Construction Drawings and Associated Lists, Commercial Off-the-Shelf (COTS) Technical Manuals, Craft Information Book (CIB), and Vendor Recommended Spares (VRS) Listings. The Technical Data Package shall include all information necessary for proper evaluation, acceptance, operations, support, maintenance, and repair of the craft as described below and in Items 085 and 086 in the attached YT Requirements Matrix (Attachment 1). All items composing the TDP shall match the as-built configuration of the craft. Final versions of all items composing the TDP shall incorporate all comments previously received from the Government.

4.2 Detailed Requirements. Detailed requirements shall be as follows:

4.2.1 Commercial Off-the-Shelf (COTS) Technical Manuals. The Contractor shall provide COTS operation and maintenance technical manuals and supplemental data (if required) for all equipment and components. The COTS Technical Manuals shall match the as-built configuration of the craft. The Contractor shall provide one (1) preliminary set of COTS manuals (in Adobe PDF format only) thirty (30) days prior to Acceptance Trials (AT). The Contractor shall provide two (2) final sets of COTS manuals with each craft delivery in both hard copy and in Adobe PDF format on CD or DVD. Concurrent with each craft delivery, the Contractor shall also provide one (1) final set of COTS manuals in Adobe PDF format only, which shall be delivered to the Program Office on CD or DVD. COTS manuals shall be in sufficient depth for operation and maintenance of the equipment without the services of a manufacturer’s representative. Supplemental data shall be added and properly identified to overcome any technical manual deficiencies. The Contractor shall package these technical manuals and place them onboard the craft prior to delivery. The Contractor shall provide a listing of all technical manuals provided showing the title of the technical manual, the equipment covered by the technical manual, and the filename for the digital version of the manual.

4.2.2 Construction Drawings and Associated Lists. The Contractor shall provide Construction

Drawings and Associated Lists. These products shall provide all the design information necessary to enable a manufacturer of similar products to produce and maintain quality control of item(s) so that the resulting performance characteristics simulate those of the original design. The drawings shall include equipment and construction drawings of the end product and provide the necessary data to permit competitive acquisition of items identical to the original item(s) for the purposes of maintenance, repair, training, or other support.

Drawings shall document directly or reference the following: Details of unique processes when essential to design and manufacture; performance rating of equipment; dimensional data; tolerance input and output characteristics; diagrams; mechanical and electrical interfaces; details of material identification including protective coatings; requirements for reliability, maintainability, and environmental conditioning.

At a minimum, the following drawings shall be provided:

1. Anchoring and Mooring Arrangement

2. Anode Arrangement

3. Antenna Arrangement

4. Bilge, Ballast and Fire System Diagram

5. Black Water System Diagram

6. Brow Arrangement and Details

7. Bulwark Structure

8. Central Monitoring and Alarm System Block Diagram

9. Compressed Air System Diagram

10. AC Electrical One-Line Diagram

11. DC Electrical One-Line Diagram

12. Deckhouse Structure

13. Doors, Manholes, and Hatches

14. Docking Plan

15. Electrical Loads Analysis

16. Electronics Diagram

17. Fendering Arrangement

18. Fill, Vent and Sounding System Diagram

19. Fire Alarm System Diagram

20. Fire Control Plan

21. Fire Suppression System Diagram

22. Fuel Oil System Diagram

23. General Arrangement

24. Grey Water System Diagram

25. Hoisting System Arrangement (if applicable)

26. Hull Lines

27. HVAC System Diagram

28. Inboard Profile

29. Incline Ladders

30. Insulation Plan

31. Intercommunication System Diagram

32. Lighting Plan

33. Lube Oil System Diagram

34. Machinery Arrangement

35. Machinery Cooling System Diagram

36. Machinery Exhaust System Arrangement

37. Machinery Space Ventilation Arrangement

38. Main Engine Cabling Diagram

39. Main Switchboard Diagram

40. Mast Arrangement

41. Mast Structure

42. Midship Section

43. Navigation Light Plan

44. Off-Ship Fire Fighting System Diagram

45. Outboard Profile

46. Paint Schedule

47. Potable Water System Diagram

48. Safety and Life Saving Plan

49. Scuppers and Drains

50. Seachest Arrangement

51. Shafting Arrangement

52. Shell Expansion

53. Short Circuit Analysis

54. Skeg Structure

55. Structural Arrangement

56. Structural Sections

57. Tank Plan

58. Towing Arrangement

59. Towing Staple, Tow Post, and H Bitt Detail

60. Sludge and Oily Water System Diagram

61. Welding Schedule

62. Wheelhouse Console Layout

63. Wheelhouse Structure

64. Z-Drive Cabling Diagram

65. Z-Drive Seating Structure

All necessary mechanical dimensions, electrical parameters, physical parameters and environmental conditions to define fabrication and interface requirements shall be included on the applicable drawings.

Drawings shall identify scale and list principle dimensions. Drawings submitted as reproducible shall be of such clarity as to produce a fourth generation copy with 100% legibility. Reproducible digital format shall be submitted on CD or DVD in both AutoCAD DWG format and Adobe PDF format. Hard copies shall be eleven inches by seventeen inches (11” x 17”) and shall be bound with a durable cover.

The Contractor shall provide a set of completed draft construction drawings to the Government in digital format thirty (30) days prior to Acceptance Trials (AT). Two (2) sets of final drawings in both digital format and hard copy are due with each craft delivery.

Concurrent with each craft delivery, the Contractor shall also provide one (1) final set of drawings in digital format only, which shall be delivered to the Program Office on CD or DVD. The Contractor shall provide a listing of all drawings provided which shall include the title of each drawing, the version, and the filename.

4.2.3 Craft Information Book (CIB). The Contractor shall provide a CIB to serve as the primary intrasystem and intersystem technical publication covering installation, operation, and routine maintenance of craft systems and equipment. The Contractor shall provide the CIB in both printed format and in Adobe PDF format on CD or DVD. The printed version of the CIB shall be bound in a ring binder with a durable cover. The Contractor shall provide one

(1) complete preliminary CIB sixty (60) days prior to AT. The Contractor shall provide one

(1) revised CIB at AT, which shall include updates incorporating comments received by the Government. The Contractor shall provide two (2) final CIBs with each craft delivery.

Concurrent with each craft delivery, the Contractor shall also deliver one (1) additional CIB in digital format only to the Program Office. The CIB shall include installation, operation, and routine maintenance of all craft systems and equipment including mechanical, piping, electrical, and electronics systems and equipment. The CIB shall provide a thorough understanding of all equipment on the craft, their intended functions, operations, and limitations, together with intrasystem and intersystem capabilities and limitations. The CIB shall be of sufficient detail for acceptance, operation/training, maintenance, repair, modification and supply support for the delivered craft including all installed accessory items. The CIB shall match the as-built configuration of the craft. The CIB shall meet the following requirements:

(a) The cover or cover page of the CIB shall be clearly marked with the applicable Navy craft number, the name of the craft builder, and the revision date of the CIB.

(b) The CIB shall include a table of contents which shall list each section with the corresponding page number.

(c) The CIB shall be tabbed for quick access to each section of the CIB.

(d) The CIB shall include warnings and safety information including standard ISO safety alert symbols, description of the problem, how the problem can be avoided, and what may happen if the user does not heed the warning. The CIB shall describe locations and features of all safety and lifesaving equipment and their proper use.

(e) The CIB shall include emergency procedures including but not limited to fire, damage control/flooding, anchoring, and loss of power, as applicable.

(f) The CIB shall include information on applicable marine regulations and proper procedures for the transfer and discharge of oil and other waste, as applicable.

(g) The CIB shall include tank capacities and sounding tables.

(h) The CIB shall include operation and maintenance instructions for all systems on the craft including but not limited to: main propulsion engines, Z drives/rudder propellers, pumps/piping, holding tanks, strainers and filters, oily waste separator, HVAC, fuel, tank level indicators, exhaust, batteries, generators, generator prime movers, switchboard, distribution panels, shore power, lighting, emergency lighting, alarms, internal and external fire-fighting equipment, winches, mast, brow, controls, panels and gauges, navigation equipment, radios, intercom and other communications equipment, shore transfer connections, galley equipment, cathodic protection, life rafts, SART, and

EPIRB.

(i) The CIB shall include detailed procedures for transferring cargo to and from the cargo tanks.

(j) The CIB shall include detailed procedures for winch and other towing equipment operation, personnel transfer at sea (using the brow), and docking plans.

(k) The CIB shall include troubleshooting information for commonly encountered issues.

(l) The CIB shall include drawings, diagrams, photographs, and other graphics to accompany the text in all sections. Graphics shall be clear and sufficiently detailed.

(m) The CIB shall include lists of definitions, acronyms/abbreviations, and references.

(n) The CIB shall include the deployment spare parts list, index of technical manuals, and the index of drawings.

(o) The CIB shall include the Contractor’s warranty policy

(p) The CIB shall include the Contractor’s and/or builder’s contact information if the user needs further assistance.

4.3 Rights in Technical Data: Non-commercial Technical Data and computer software: The Government desires at a minimum Government Purpose Rights (GPR) in non-commercial technical data (including drawings, manuals, etc. developed by the builder or their sub-contractor) and computer software to be delivered under the contract. Any other proprietary details of the boat/system design may be marked with Limited Rights Legend per DFARS 252.227-7013.

Commercial Technical Data: Under DFARS 252.227.7015 (c) Additional License Rights the Government desires, at a minimum, a special license agreement that provides the Government, in the commercial technical data and commercial computer software to be delivered under the contract by the contractor and the sub-contractors, the right to use, modify, reproduce, release, perform, display, or disclose the technical data developed by the builder and sub-contractors, and to permit others to do so, that are necessary for acceptance, operation/training, maintenance, repair, modification, and supply support for the delivered boat and trailer (where provided). The Government shall not use the technical data and/or the computer software to manufacture additional quantities of the commercial items.

The Government shall not release or disclose any non-commercial technical data, commercial technical data, and computer software delivered under the contract unless A) Prior to release or disclosure, the intended recipient is subject to the non-disclosure agreement at DFARS 227.7103-7; or B) the recipient is a Government contractor receiving access to the data for performance of a Government contract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

Instructions regarding use of certain software products (i.e. AutoCAD, Adobe PDF) herein shall not be construed as Government endorsement of specified products.

If the Contractor ceases doing business and cannot fulfill its obligations, the Government shall automatically be granted Government Purpose Rights to all existing data developed under this contract.

4.4 End Use License Agreement Indemnification

Except when indemnification by the Government is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures, any supply or service acquired under this contract that is subject to any End Use License Agreement (EULA) or similar legal instrument which includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(a) Any such clause is unenforceable against the Government.

(b) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA or similar legal instrument.

(c) Any such clause is deemed to be stricken from the EULA or similar legal instrument.

5.0 POST-AWARD REVIEW

The Government will conduct a post-award conference within sixty (60) days after contract award. The Government will provide an agenda approximately five (5) days prior to the conference. The conference will be held at the Contractor’s or Builder’s facility or by phone at the Government’s discretion. The Contractor shall have the cognizant naval architect, chief engineer, and production manager present at the post-award conference. Topics will include, but not be limited to, documentation review, discussion of the Contractor’s understanding of the technical requirements, and schedule considerations. In conjunction with the Post-Award Review, an Integrated Logistics Support meeting may be held to review and discuss the integrated logistics support requirements of this contract.

6.0 INTERIM PROGRESS REVIEWS

The Contractor shall host up to two (2) interim progress reviews per year at the Builder’s facility. Scheduling of interim progress reviews shall be mutually agreed upon by both the Contractor and the Government. The Contractor shall provide 30 days prior notice of the dates for interim progress reviews along with suggested agendas. The Government reserves the right to approve or disapprove agendas.

When interim program reviews are conducted, agendas shall include the following items: a schedule of key events which shows the flow of construction progress from contract award to craft delivery and includes the percent of progress to date, original estimated completion date, current estimate or actual completion date for the craft; a current Technical Data Package status report; a matrix showing the status of all open items including: Contract Problem Identification Reports (CPIRs), logistics issues, and provide a summary on overall progress specifically, a discussion of all problems which will disrupt or otherwise adversely affect the orderly construction of the craft and identify required Government action that is currently adversely affecting craft construction, the date by which the action must be taken, and the impact on construction schedules if not taken by that date.

7.0 LAUNCHING AND DOCKING

The Contractor shall be responsible for the satisfactory launching of the YT craft at the time and manner mutually agreed upon by the Contractor and the Government. Should there be any evidence that the craft has been strained or damaged during launching; the Contractor shall immediately return the craft to drydock if necessary for inspection, inspection report, and repair.

8.0 APPEARANCE OF CRAFT WHEN DELIVERED

The Azimuthing Stern Drive Harbor Tugboat (YT) shall be delivered at destination with all items such as;

equipment, accessories, piping, bulkheads (interior and exterior), decks, overheads, windows, machinery spaces, etc., displaying an obvious appearance of being new and unused. The craft shall be free of dirt and debris associated with construction and transit to destination. The craft when delivered to the required destination shall, in addition to the above, display the highest level of cleanliness such that all areas of the craft can be immediately utilized for their intended purpose.

9.0 INCLINING/STABILITY/WEIGHT REPORTS

The Contractor shall perform an inclining experiment prior to builder’s trials on the craft constructed under this contract. The inclining experiment shall be performed in accordance with Regulatory Body requirements and ASTM F1321, “Standard guide for Conducting a Stability Test to Determine the Light Ship Displacement and Centers of Gravity of a Vessel”.

The Contractor shall provide an Intact and Damage Stability Report including a summary of the intact and damage stability analysis required by 46 CFR and Regulatory Body criteria for craft stability.

The Contractor shall provide weight reports in accordance with Regulatory Body requirements. Weight reports shall include Light Ship (Condition A), and Full Load (Condition D) conditions.

10.0 TRIALS

The Contractor shall perform the following trials:

1. Builder’s Trials (BT)

2. Acceptance Trials (AT)

Builder’s Trials (BT) – BT shall demonstrate the successful operation of all craft equipment and systems, that the craft is seaworthy, and that the craft is ready for AT. The Contractor shall send BT schedule notification to the Government at least thirty (30) days prior to BT. BT shall be witnessed by the Government and/or the Government Representatives at the discretion of the Government. The Contractor shall send the BT trials report to the Government following completion of BT and no less than seven (7) days prior to AT. The Contractor shall make the BT trials report available to the Government at AT. Successful completion of BT is a prerequisite to AT.

Acceptance Trials (AT) – Prior to delivery, the Contractor shall conduct Acceptance Trials (AT) to ensure the craft is complete, meets contract requirements, and is in all respects ready for service. Completeness shall be determined and agreed upon by both the Contractor and the Government. AT shall be conducted by the Contractor and shall be witnessed by Government representatives, who will include President, Board of Inspection and Survey (PRESINSURV) representatives and Program Office representatives and may include representatives from the operating activity (end users). AT will have the following notional schedule:

Day 1: Program Office dockside pre-inspection Day 2: PRESINSURV dockside inspection Day 3: PRESINSURV sea trials (underway) Day 4 (if necessary): Remaining dockside inspections and INSURV inspection debrief

The Contractor is responsible for conducting BT and AT and shall provide all the necessary materials, fuel, power, equipment, instrumentation, and qualified personnel to safely operate the craft and to conduct the trial tests, inspections and demonstrations. The Contractor shall provide a US Coast Guard certified Tug Master/Captain for the sea trials (underway) portion of AT. Unless otherwise authorized by the Government, the trial tests, inspections and demonstrations shall be performed in the presence of the Government or Government Representatives.

The Contractor shall conduct the underway (sea trials) portion of BT and AT in accordance with SNAME T&R 3- 47, Guide for Sea Trials, as applicable. At a minimum, sea trials shall include the following tests, trails, and demonstrations:

1. Ahead Endurance Trials (minimum 1 hour duration)

2. Ahead Steering

3. Astern Steering

4. Quick Reversal from Ahead to Astern (“Crash Stop”)

5. Quick Reversal from Astern to Ahead

6. Turning Circles

7. “Z” Maneuver

8. Clockwise and Counterclockwise Rotation on Tug’s Axis

9. Lateral Walks

10. Emergency Steering

11. Anchoring

12. Off-Ship Fire-Fighting

13. Brow Deployment

Underway airborne noise and vibration surveys shall be performed during BT and AT for the craft. All noise and vibration surveys shall be performed with main propulsion diesel engines at Maximum Continuous Rating and all accommodation Heating, Ventilation, and Air Conditioning systems and equipment in normal operation.

The Contractor shall schedule AT as agreed to by the Government to accommodate the schedules of both the Program Office (PMS325) and PRESINSURV. The Contractor shall provide an estimated date for AT six (6) months prior to the planned AT date. The Contractor shall notify the Government immediately of any change in the planned AT date. To meet contract delivery dates, it is recommended that the Contractor schedule AT no later than four (4) weeks prior to the contracted delivery date to allow sufficient time for required evolutions (i.e. correction of discrepancies identified during AT, shipping, post-delivery inspection, and acceptance at destination). See Section C for potential Contractor liabilities if the Contractor cannot satisfactorily conduct AT after arrival of the Government AT team at the Contractor’s location. The Contractor shall provide notification of readiness for AT and a complete preliminary AT agenda/test plan at least thirty (30) days prior to AT. Final AT agenda/test plan incorporating all prior comments received from the Government shall be provided to the Government fourteen (14) days prior to AT.

The AT agenda/test plan shall include detailed operational procedures to be used for checking and verifying satisfactory operation of the installed craft systems. Detailed test operational procedures shall include data to be recorded or verified and pass/fail criteria as applicable. The Government reserves the right to approve or disapprove the AT agenda. Government approval of the AT agenda/test plan is a prerequisite to AT.

Notification of proposed AT dates and agenda/test plan shall be sent to the following PMS325 contacts:

Karen Harvey-Williams, Tel: 202-781-0199, E-mail: karen.m.williams@navy.mil Dan Shimooka, Tel: 202-781-5028, E-mail: daniel.shimooka@navy.mil

Satisfactory completion of AT and resolution of any resulting discrepancies (including corrections to drawings, CIB, and other technical data) shall be a condition for acceptance of the craft by the Government. The Contractor shall correct both discrepancies reported by the Program Office and discrepancies reported by INSURV, as required by the contract. Any unresolved discrepancies may result in acceptance and/or payment delays. The Contractor shall provide copies of the completed AT agenda and AT report to the Government within 7 days following AT. After completion of AT and before delivery of the craft, the Contractor shall resolve all craft discrepancies to the satisfaction of the Government. To allow sufficient time for correction of craft discrepancies, the Contractor shall not schedule delivery of the craft prior to fourteen (14) days following completion of AT without prior approval from the Government.

11.0 SUBMITTAL OF DOCUMENTATION

The Contractor shall submit all technical documentation, certifications, drawings, lists, agendas, reports and all other requested information as follows:

Section C Part 2

Paragraph No.

Address POC(S)

1.0, 2.0, 3.0, 4.0, 5.0, 6.0, 10.0, 11.0

PEO SHIPS (PMS325T)

1333 ISAAC HULL AVE SE STOP 2501

WASHINGTON NAVY YARD, DC 20376-2501

Karen Harvey-Williams karen.m.williams@navy.mil

Dan Shimooka daniel.shimooka@navy.mil

5.0

PEO SHIPS (PMS325L)

1333 ISAAC HULL AVE SE STOP 2501

WASHINGTON NAVY YARD, DC 20376-2501

Larry Driver larry.driver@navy.mil

12.0 WARRANTY

The Contractor will correct defects in accordance with the warranty provided in Section J, Attachment 5, Warranty Terms.

PART 2: CLAUSES

C-1 NOTICE OF ACCESS TO TECHNICAL DATA

It is agreed and understood that in signing the contract, the Contractor acknowledges that they have in their possession, or have access to, all the technical data needed to build, outfit and deliver all the products and services required in this contract. The term “technical data” as used in this clause means “technical data” as defined in DFARS 252.227-7013 and 252.227-7015, and includes items such as, but not limited to, drawings, sketches, specifications, wiring diagrams, process descriptions, manufacturing procedures, etc . . . Accordingly, other than discussed herein in Section D, the Contractor is not relying on any Government Furnished Information to complete the requirements of this contract.

C-2 REQUEST FOR DEVIATIONS AND WAIVERS

In the event that a baseline design related requirement or a performance requirement cannot be met, and a change to the baseline design requirement or performance requirement is inappropriate, the Contractor shall prepare a request for deviation (RFD) or waiver (RFW).

RFDs/RFWs describe proposed departures from configuration documentation. The request for deviation shall provide detailed justification and consequences of approval, to include technical details explaining the degree of non-compliance or effect on craft equipment or system operation constraints. The request for waiver shall document an “As-Built” configuration that departs from baseline documentation and should include any proposed corrections or modifications to better the meet the intent of the baseline document. RFDs/RFWs shall contain the following information: submittal date; originator name and address; designation for deviation/waiver including deviation/waiver number, deviation/waiver title, model/type, CAGE code, and system designation; need for deviation/waiver; description of deviation/waiver; specification/test plan affected; drawings affected; contract number and line item; procuring contracting officer; effect on cost/price/delivery schedule; class applicability;

recurring deviation/waiver; and an authorized signature. If any of this information is not applicable, so state.

C-3 PROVISIONED ITEM ORDERS (PIO) – SPARES

(a) General. The Government may purchase spares to be utilized for the craft provided with this contract. In the event that the Government places orders for spares, the Contractor agrees to furnish the supplies or services in accordance with the procedures specified herein

(b) Vendor Recommended Spares List. At the request of the Contracting Officer, the Contractor shall provide a Vendor Recommended Spares List for the craft. Providing such list in no way obligates the Government to purchase any items. The Government has the option of placing an order for any combination of spares, or none at all, from the Vendor Recommended Spares List.

(c) Placement of Orders. Orders may be placed by the Contracting Officer, Provisioning Activity or Administrative Contracting Officer as a modification to the 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.

(d) Priced Orders. For each proposed order, the Contractor shall submit supporting cost or pricing data as requested by the Contracting Officer. 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.

(e) Delivery. Unless otherwise specified, all spares shall be included with the craft for which the spares are destined.

C-4 NO SUBSTITUTION OF OUTFITTING AND EQUIPMENT

All equipment, outfitting, and furnishings, etc . . ., must be specified in the Contractor’s quote in accordance with the requirements of the RFP. Items of equipment, outfitting, and furnishing cannot be substituted for proposed items after award without Government approval (generally through a contract modification).

HQ C-1-0003 ITEM 3013 - 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…