N00024-17-R-2472.pdf

CODE

(Hour)

PAGE(S)

until 02:00 PM local time 28 Aug 2017

X

A

X B

X C X D

EX

X

G

F 80 - 85

86 - 107

X H 108 - 114

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 1 114

(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 6 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

See Section L 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 - 21

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

22 - 36

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

38 - 40

41 - 42 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 43 - 46 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 47 - 63 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 - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

64 - 78

PART II - CO NTRACT 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.5. DATE ISSUED

23 Jun 2017

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N00024-17-R-2472

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

100,000 Hours

LHA 7 Fitting Out Availability - SCN

CPAF

Provide engineering, planning, management, labor and material to correct

Government responsible deficiencies and trial cards in support of FOA for Tripoli

(LHA 7).

See Notes D and E.

PURCHASE REQUEST NUMBER: N0002417R2472

FOB: Origin (Shipping Point)

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

25,000 Hours

OPTION LHA 7 Fitting Out Availability - OPN/OCF

CPAF

Provide engineering, planning, management, labor and material to perform work in support of FOA for Tripoli (LHA 7) applicable to work items associated with installation of Fleet Systems.

See Notes B, D, and E.

OPTION LHA 7 Fitting Out Availability-OMN

CPAF

Provide engineering, planning, management, labor and material to perform work in support of FOA for Tripoli (LHA 7) applicable to work items associated with completion of Fleet Repairs.

See Notes B, D, and E.

50,000 Hours

OPTION Emergent Work – FY19

Provide additional labor for engineering, planning, and management to perform emergent work in support of Tripoli (LHA 7) in FY19.

See Notes B, D and F.

FOB: Origin

CPFF

FIXED FEE

OPTION Emergent Work – FY20 emergent work in support of Tripoli (LHA 7) in FY20.

OPTION Emergent Work – FY22 emergent work in support of Fort Lauderdale (LPD 28) in FY22.

OPTION Emergent Work – FY23 emergent work in support of Fort Lauderdale (LPD 28) in FY23.

ITEM NO SUPPLIES/SERVICES

ORDERS - Emergent Work Material

Provide material in support of Items 0004-0005 to perform emergent work in support of Tripoli (LHA 7).

See Note C.

ITEM NO SUPPLIES/SERVICES

ORDERS - Emergent Work Material

Provide material in support of Items 0006-0007 to perform emergent work in support of Fort Lauderdale (LPD 28).

See Note C.

1 Lot

Data

COST

Data for Items 0001, 0008, and 0009 (and if options are exercised) 0002, 0003, 0004, 0005, 0006, 0007, 0101, 0102, 0103, 0201, 0202, 0203, 0301, 0302, and

0303..

(See DD Form 1423, Exhibit A attached hereto).

Not Separately Priced

See Note A.

400,000 Hours

OPTION LHA 7 Post Shakedown Availability - SCN

CPAF

Provide engineering, planning, management, labor and material to correct

Government responsible deficiencies and trial cards in support of PSA for Tripoli

(LHA 7).

See Notes B, D and E.

75,000 Hours

OPTION LHA 7 Post Shakedown Availabiliy OPN/OCF

CPAF

Provide engineering, planning, management, labor and material to perform work in support of PSA for Tripoli (LHA 7) applicable to work items associated with installation of Fleet Systems.

OPTION LHA 7 Post Shakedown Availability - OMN

CPAF

Provide engineering, planning, management, labor and material to perform work in support of PSA for Tripoli (LHA 7) applicable to work items associated with completion of Fleet Repairs.

150,000 Hours

OPTION LPD 28 Fitting Out Availability - SCN

CPAF

Provide engineering, planning, management, labor and material to correct

Government responsible deficiencies and trial cards in support of FOA for Fort

Lauderdale (LPD 28).

OPTION LPD 28 Fitting Out Availability- OPN/OCF

CPAF

Provide engineering, planning, management, labor and material to perform work in support of FOA for Fort Lauderdale (LPD 28) applicable to work items associated with installation of Fleet Systems.

OPTION LPD 28 Fitting Out Availability - OMN

CPAF

Provide engineering, planning, management, labor and material to perform work in support of FOA for Fort Lauderdale (LPD 28) applicable to work items associated with completion of Fleet Repairs.

350,000 Hours

OPTION LPD 28 Post Shakedown Availability - SCN

CPAF

Provide engineering, planning, management, labor and material to correct

Government responsible deficiencies and trial cards in support of PSA for Fort

Lauderdale (LPD 28).

75,000 Hours

OPTION LPD 28 Post Shakedown Availl - OPN/OCF

CPAF

Provide engineering, planning, management, labor and material to perform work in support of PSA for Fort Lauderdale (LPD 28) applicable to work items associated with installation of Fleet Systems.

OPTION LPD 28 Post Shakedown Availability - OMN

CPAF

Provide engineering, planning, management, labor and material to perform work in support of PSA for Fort Lauderdale (LPD 28) applicable to work items associated with completion of Fleet Repairs.

NOTE A

Offeror shall complete the "Price Group" and "Estimated Total Price" blocks of each data item on the Contract Data

Requirements List(s), attached hereto.

NOTE B

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.

NOTE C

This item may be ordered in accordance with the Section H clause entitled ORDERS (COST-PLUS-FIXED-FEE).

Offerors shall propose a fixed fee percentage in the table below. The proposed fee percentage for CLIN 0008 and

CLIN 0009 shall be the fee percentage applicable to any Order issued under the ORDERS clause. The fixed fee percentage for CLIN 0008 and CLIN 0009 shall not exceed 8% of Estimated Cost. For evaluation purposes only, the Estimated Cost for CLIN 0008 is in the amount of $1,000,000 and the estimated cost for CLIN 0009 is in the amount of $1,000,000.

Proposed Fee Percentage

CLIN 0008 * %

CLIN 0009 * %

*to be proposed by Contractor

The maximum amount for orders placed under CLIN 0008 is $1,000,000. The maximum amount for orders placed under CLIN 0009 is $1,000,000.

NOTE D

Technical Instructions (TI) issued pursuant to Section H Clause NAVSEA 5252.242-9115 TECHNICAL

INSTRUCTIONS (APR 1999).

NOTE E

DOD FAR SUPPLEMENT (DFARS) 216.405-2 requires that the amount of Base Fee shall not exceed 3% of estimated cost of the contract exclusive of fee. Total Fee proposed by the offeror (Base Fee + Award Fee) shall not exceed 10% of the estimated cost of the respective line item. This note will be removed upon contract award.

NOTE F

The fixed fee percentage stated above for CLINs 0004 through 0007 shall not exceed 8%.

CLAUSES INCORPORATED BY FULL TEXT

HQ B-2-0003 DETERMINATION OF FEE (NAVSEA) (APR 2015)

(a) Minimum Fee

The base fee, as set forth in Section B of this contract, shall constitute a minimum fee to be paid for the performance of this contract. The Base Fee shall be paid in accordance with the clause of this contract entitled

"FIXED FEE" (FAR 52.216-8).

(b) Award Fee

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

(c) PMS 377 Award Fee Board - For CLIN 0001 and Option CLINs 0002, 0003, 0101, 0102 and 0103

The Contractor's performance evaluation for each period will be conducted by an Award Fee Board (AFB) of not less than five voting members, or designated representatives, consisting of:

(1) Chairperson, LHA(R) Deputy Program Manager, PMS 377B

(2) PMS 377 Acquisition Program Manager (APM) LHA Post Delivery

(3) PMS 377 APM LHA 7

(4) PMS 377 LHA(R) Principal Acquisition Program Manager (PAPM)

(5) PMS 377 Technical PAPM

(6) PMS 377 Logistics PAPM

(7) PMS 377 Business Financial PAPM

(8) LHA 7 Hull Manager

(9) Procuring Contracting Officer, SEA 02241

(10) Contract Administration Office Representative

(11) Ship Commanding Officer

(12) Recorder (Non-voting Participant)

(d) PMS 317 Award Fee Board - For Option CLINs 0201, 0202, 0203, 0301, 0302 and 0303

The Contractor's performance evaluation for each period will be conducted by an Award Fee Board (AFB) of not less than five voting members, or designated representatives, consisting of:

(1) Chairperson, Deputy LPD 17 Class Program Manager, PMS 317B

(2) PMS 317 Post Delivery Director

(3) PMS 317 Deputy Post Delivery Director

(4) PMS 317 Acquisition Director

(5) PMS 317 Technical Director

(6) PMS 317 Logistics Director

(7) PMS 317 Business Financial Director

(8) PMS 317 Hull Manager

(9) Procuring Contracting Officer, SEA 02244

(10) Contract Administration Office Representative

(11) Ship Commanding Officer

(12) Recorder (Non-voting Participant)

(e) Fee Determining Officials

PMS 377 - The FDO, the Amphibious Warfare Program Manager (PMS377) for CLIN 0001 and Option

CLINs 0002, 0003, 0101, 0102 and 0103 shall make determinations of the award fee due to the Contractor based upon the performance evaluation conducted by the AFB established pursuant to paragraph (c) above.

PMS 317 - The FDO, the LPD 17 Class Program Manager (PMS317) For Option CLINs 0201, 0202, 0203, 0301, 0302 and 0303 shall make determinations of the award fee due to the Contractor based upon the performance evaluation conducted by the AFB established pursuant to paragraph (c) above.

(f) Award Fee Determination and Reclaim Procedures

(1) Within ten (10) days after the end of each evaluation period, the Contractor shall furnish to the AFB such information as may be reasonably required, including the final Funds and Man-hours Expenditure Report for each contract line item under review, to assist the AFB in evaluating the Contractor’s performance during that evaluation period.

(2) The AFB evaluation will be scheduled within twenty (20) working days of the end of each evaluation period. The Board may consider reports, both oral and written, from all interested parties. The Board shall arrive at a consensus on the performance rating and advise the FDO of its recommendation including the reasons, rationale, and justifications. The Board findings shall be presented to the Contractor who will then be provided an opportunity to provide written comments on the evaluation findings to the FDO within five (5) working days. In such case, these comments, in addition to AFB’s recommendation, shall be considered by the FDO in establishing the award fee earned.

(3) The FDO shall provide the Procuring Contracting Officer (PCO) a final performance evaluation and determination of the award fee earned for that period within five (5) working days after receipt of the Board’s findings or the Contractor’s written comments, whichever is later.

(4) Within ten (10) working days after receipt of the FDO’s final determination and the Procurement Request

(PR), the Contracting Officer shall issue a unilateral modification to the contract to provide for the award fee earned for that period.

(g) Fee Determination Official’s Determination

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

(h) Evaluation Categories and Factors

The Contractor's performance during each evaluation period will be judged in the categories listed below.

The Government reserves the right to make changes in evaluation categories and factors or weights assigned to evaluation categories by unilateral modification. The Contractor may propose performance objectives for any period, however; only those received at least thirty (30) days prior to the start of an evaluation period will be considered for that evaluation period. It is the Government’s unilateral decision whether to implement Contractor recommendations for performance objectives. The Contractor will be notified of changes in the evaluation categories and factors as well as adjustments to the weighting of categories, if any, prior to commencement of each period of performance. Unsatisfactory performance under an award fee criterion may result in increased weighting for that factor in subsequent evaluation periods.

(1) Management Performance

- Management Systems and Information

- Coordination and Liaison

- Ability to work with the Government, contractors, and vendors to incorporate revised schedules and meet changing Government requirements

- Responsiveness to Government Comments

- Action on Anticipated Delays, Problems, Issues, Corrective Action

- Responsiveness to Change, Product Improvement Initiatives

- Subcontract Management

- Data Management

- Contract Management

- Configuration Management

- Resource Management

- Subcontractor Competition

- Small Business Participation

- Ability to successfully complete tasks within cost

- Ability to adapt to changing schedules and to meet critical deadlines

- Ability to meet accelerated schedules when requested by the Government

- Quality and timeliness of responses to high priority action items

- Incorporation of process improvements that result in reduced cost, improved schedules and/or improved performance

- Timely negotiation and definitization of contract changes

- Quality and timely submission of proposals

- Notification to the Government of any identified problems,

- Reasonableness and quality of estimates

- Timely provision of information required by the Government for negotiations

- Review of Contractor actions that jeopardize the health and safety of Government personnel as described in DFARS 252.216-7004.

- Implementation of adequate Plant Protection Plan as required by NAVSEA Standard Item (SI) No. 009-72

- Maintenance of safe working conditions

(2) Cost Performance

- Accuracy of initial cost estimates

- Early identification of cost problems

- Timely submission of variance analysis to include accurate Estimates at Completion (EACs) reflecting all known costs

- Implementation of cost savings techniques

- Administration of cost growth reports

(3) Schedule Performance

- Early identification of problem areas in maintaining schedule

- Accomplishments in overcoming schedule problems

- Progress against planned schedule

- Degree of compliance with schedule

- Ability to incorporate growth and new work within the overall schedule

(4) Technical Performance

- Accuracy and detail of planning documents and work specifications

- Quality and timeliness of responsiveness to emergent technical problems

- Implementation of Changes

- Quality and timeliness of products and services delivered

- Effective use of system integration and test activities

- Design quality versus cost

- Effective system engineering and coordination

- Ability to assimilate Dock Trial and Sea Trial deficiencies into the work package without adverse impact on existing schedule

(i) Evaluation Periods/Award Fee Pool

(1) The following evaluation periods are hereby established. The Government reserves the right to adjust the evaluation period and allocation of award fee pool available for each period by unilateral contract modification, which shall be issued, if at all, prior to the start of the affected evaluation period(s).

Period No.

EVALUATION PERIOD START EVALUATION PERIOD COMPLETION Applicable CLINs

1 Contract Award 90 days after LHA 7 sail away from

FOA

0001, 0002, 0003

2 Option Exercise of LHA 7 PSA 90 days after LHA 7 sail away from

PSA

0101, 0102, 0103

3 Option Exercise of LPD 28 FOA 90 days after LPD 28 sail away from 0201, 0202, 0203

FOA

4 Option Exercise of LPD 28 PSA 90 days after LPD 28 sail away from

PSA

0301, 0302, 0303

(2) The Award Fee Pool is based on the total estimated fee bearing cost (exclusive of Facilities Capital Cost of

Money) as stated in Section B of the contract and the level of effort delivered. The award fee pool for each line item shall be calculated separately as follows:

(a) Award Fee Pool

% of hours delivered per CLIN during evaluation period x Total Award Fee per

CLIN/SLIN from Section B x

% of Award Fee Allocable to Award Fee Rating Category

(b) Where:

% of hours delivered during evaluation period

Actual hours delivered during evaluation period for CLIN/SLIN

Hours required by

Section B for

CLIN/SLIN

*For purposes of calculating actual hours delivered, the prime Contractor shall report actual hours delivered

(including subcontractor actual hours). No other method of calculating actual hours, such as dividing incurred cost by the Section B rate, is acceptable. However, all other costs such as material incurred cost and fixed price

Subcontractor work efforts delivered may be calculated by dividing incurred cost by the Section B rate applicable to that CLIN.

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

(j) Performance Ratings

(1) In evaluating Contractor performance, the following adjective and numerical ratings will be used:

AWARD FEE AWARD FEE

ADJECTIVAL POOL AVAILABLE

RATING TO BE EARNED DESCRIPTION

EXCELLENT 91-100% Contractor has exceeded almost all of the significant award-fee criteria and has met overall cost, schedule, and technical performance requirements of the contract in the aggregate as defined and measured against the criteria in the award-fee plan for the award-fee evaluation

VERY GOOD 76-90% Contractor has exceeded many of the significant award-fee criteria and has met overall cost, schedule, and technical performance requirements of the contract in the aggregate as defined and measured against the criteria in the award-fee plan for the award-fee evaluation period.

GOOD >50-75% Contractor has exceeded some of the significant award-fee criteria and has met overall cost, schedule, and technical performance requirements of the contract in the aggregate as defined and measured against the criteria in the award-fee plan for the award-fee evaluation period.

SATISFACTORY No Greater Contractor has met overall cost, schedule, and technical performance

Than 50% requirements of the contract in the aggregate as defined and measured against the criteria in the award-fee plan for the award-fee evaluation

UNSATISFACTORY 0% Contractor has failed to meet overall cost, schedule, and technical performance requirements of the contract in the aggregate as defined and measured against the criteria in the award-fee plan for the award-fee evaluation period.

(2) The Award Fee Grade earned under paragraph (h) by the Contractor for the evaluation period shall be initially calculated as follows:

AWARD FEE GRADE

Performance Objective Weighting

Factor

Award Fee

Rating

Weighted

Grade

Management 35% X

Schedule 35% X

Cost 15% X

Technical 15% X

THE SUM IS THE AWARD FEE GRADE (%)

(3) The Government may unilaterally change the category weights by written notification from the PCO no later than ten (10) working days prior to the commencement of each evaluation period. Factors and descriptive elements within the categories are not weighted and are not exclusive.

(k) Maximum Fee

In no event shall the total fee (base fee plus award fee) under this contract exceed 10 percent of the total estimated cost.

(l) Payment of Award Fee

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

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.

HQ B-2-0015 PAYMENTS OF FEE(S) (LEVEL OF EFFORT) (NAVSEA) (MAY 1993) (Applicable to Item 0001

(and if options are exercised) 0002, 0003, 0101, 0102, 0103, 0201, 0202, 0203, 0301, 0302, and 0303)

(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 equal to TBD percent ( TBD %) base fee 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) The fee(s) specified in SECTION B, and payment thereof, is subject to adjustment pursuant to paragraph (g) of the special contract requirement entitled "LEVEL OF EFFORT." If the fee(s) is reduced and the reduced fee(s) 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 final adjusted fee exceeds all fee 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 the "LEVEL OF EFFORT" special contract requirement, or until the

Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required.

HQ B-2-0015 PAYMENTS OF FEE(S) (LEVEL OF EFFORT) (NAVSEA) (MAY 1993) (Applicable to CLINs

0004 through 0007)

(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 equal to TBD percent ( TBD %) fixed fee 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) The fee(s) specified in SECTION B, and payment thereof, is subject to adjustment pursuant to paragraph (g) of the special contract requirement entitled "LEVEL OF EFFORT." If the fee(s) is reduced and the reduced fee(s) 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 final adjusted fee exceeds all fee 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 the "LEVEL OF EFFORT" special contract requirement, or until the

Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required.

HQ B-2-0016 PROVISIONING TECHNICAL DOCUMENTATION – WITHHOLDING OF PAYMENT

(NAVSEA) (SEP 1990)

The PTD is considered to be a part of the "Technical Data" specified to be delivered under this contract for the purposes of the "TECHNICAL DATA--WITHHOLDING OF PAYMENT" (DFARS 252.227-7030) clause. The terms and conditions of the clause entitled "LIMITATION ON WITHHOLDING OF PAYMENTS (FAR 52.232-9), if included in this contract, shall not apply to withholding of payment for failure to make timely delivery of the PTD or delivery of deficient PTD.

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-2-0021 CONTRACT SUMMARY FOR PAYMENT OFFICE (COST TYPE) (FEB 1997)

This contract type by CLIN is as follows:

CLIN Contract Type

0001 CPAF

0002 CPAF

0003 CPAF

0004 CPFF

0005 CPFF

0006 CPFF

0007 CPFF

0008 CPFF

0009 CPFF

0010 NSP

0101 CPAF

0102 CPAF

0103 CPAF

0201 CPAF

0202 CPAF

0203 CPAF

0301 CPAF

0302 CPAF

0303 CPAF

Section C - Descriptions and Specifications

STATEMENT OF WORK

The FOA and PSA efforts for the TRIPOLI (LHA 7) and FOA and PSA efforts for the FORT LAUDERDALE

(LPD 28), will take place in their homeport of San Diego, CA. In accordance with Section F, each availability is scheduled to take place at Naval Station San Diego, CA.

The Contractor, under the direction of the PCO, PMS377/317 and the Southwest Regional Maintenance Center San

Diego, CA (SWRMC) and as an independent Contractor and not as an agent of the Government, shall furnish materials, services, and facilities (except those furnished by the Government) necessary for the accomplishment of the following work:

PART 1 – STATEMENT OF WORK

General Work Statement: The purpose of this contract is to provide engineering, planning, management, labor, material and facilities, as required, to accomplish LHA 7 and LPD 28 Fitting Out Availabilities (FOAs), Post

Shakedown Availabilities (PSAs), and any emergent work resulting during Post Delivery Test & Trials (PDT&T) and shakedown periods. The FOA is intended to complete fitting out and to correct design-related deficiencies and complete system installations to support ship PDT&T period. The PSA is intended to correct deficiencies and accomplish system/equipment upgrades identified during ship PDT&T and shakedown periods including Final

Contract Trials. The Post Delivery Planning Yard will manage a comprehensive process for work specification development, material procurement, fabrication, and kitting to support FOA/PSA and other Emergent Work. All work will be accomplished in accordance with the most current fiscal year NAVSEA Standard Items.

Item 0001 and Option Items 0002, 0003, 0101, 0102, 0103, 0201, 0202, 0203, 0301, 0302, 0303, The Contractor shall provide those services which support the FOA effort for TRIPOLI (LHA 7) (Item 0001, and if options are exercised 0002, 0003), and if options are exercised, PSA for TRIPOLI (LHA 7) (Items 0101, 0102, 0103), FOA for

FORT LAUDERDALE (LPD 28) (Items 0201, 0202, 0203), PSA for FORT LAUDERDALE (LPD 28) (Items

0301, 0302, 0303), to include program management, planning, engineering, design, liaison, scheduling, labor and materials and participation in FOA/PSA Planning Conferences. The goal of the FOA/PSA effort is to schedule and accomplish as much work as possible prior to the ship's departure from the FOA/PSA. The Contractor is expected to provide early management and attention to advanced planning and efficient execution, to ensure a successful

FOA/PSA and the deployment of a mission-ready ship.

The Contractor’s efforts shall be those necessary to support all tasked work and the following tasks:

1. Management, Planning, Engineering, Design, Liaison, Scheduling:

1.1. The Post Delivery Planning Yard will manage a comprehensive process for work specification development, material procurement, fabrication, and kitting. The Contractor is responsible for detailed schedule integration, manning resource allocation, material management and execution of work items, as defined in work specifications prepared by the Post Delivery Planning Yard and authorized by the designated PMS377/317 Contracting Officer's

Representatives (CORs). The contractor shall be responsible for scheduling, integrating and de-conflicting all industrial work including but not limited to government sponsored Alteration Installation Teams (AIT) and shipbuilder responsible work/warranty repairs.

1.2. The planning phase (the definition of the work package) is managed such that work identification begins as early as A-9 months, and continues through FOA / PSA. Events in the ship Post Delivery schedule will generate

FOA / PSA work items. Up to three FOA/PSA Planning Conferences will be held leading up to each availability in order to review the work package, and resolve technical issues. FOA/PSA Planning conferences will be held at the

Post Delivery Planning Yard in Pascagoula, MS or in San Diego, CA and chaired by the LHA(R) Class and LPD 17

Class Programs (PMS 377/317) Post Delivery Managers, with participation of the Southwest Regional Maintenance

Center (SWRMC), Post Delivery Planning Yard, Ship's Force, the Supervisor of Shipbuilding (SUPSHIP) Gulf

Coast, Warfare Center AITs, and other organizations, as required and directed by the COR(s). The Contractor shall attend FOA / PSA Planning Conferences every two months prior to the actual FOA / PSA and every week during the

FOA / PSA, or as directed by the COR(s). During FOA / PSA, the Contractor shall attend any logistics status meeting and any AIT electronic systems meeting held by the Government and will conduct a daily production meeting to review status of all critical paths and near term FOA / PSA milestone related work items.

1.3. The Contractor shall maintain central files or record copies that shall include reproducible copies (including

CD-ROM) of the data that are generated for delivery under this contract.

1.4. The Contractor shall have the capability to interface and access the LIVELINK or equivalent web-based database managed by the Post Delivery Planning Yard for access to work specifications and other ship configuration data such as reference drawings, technical data and other program data needed to support the contract requirements.

The Contractor shall establish accounts and obtain training for LIVELINK or equivalent database.

1.5. Upon request by the COR(s), the Contractor shall assist the Post Delivery Planning Yard with revisions to Ship

Selected Record drawings and data to reflect the work accomplishment during the FOA / PSA.

1.6. In identifying and providing material requirements and long lead items lists to meet the requirements of the work specifications developed in accordance with NAVSEA Standard Items, the Contractor shall to the maximum possible extent, utilize equipment and components identical to those of the LHA(R) Class and LPD 17 Class ships respectively. The Contractor shall request prior approval to use non-standard equipment, material or components in writing to the Procurement Contracting Officer (PCO) with a copy to the COR(s). Such requests shall fully document the rationale for the requests as well as the cost and schedule impact of approval/non-approval. The

Contractor shall to the maximum possible extent, select hull, mechanical and electrical components in the following order of precedence:

1.6.1. Equipment that meet the requirements of the specifications and is identical to equipment and components of the LHA(R) Class and LPD 17 Class Ships respectively.

1.6.2. Equipment that meet the requirements of the specifications, subject to the approval of the COR(s).

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

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

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

1.10. The Contractor shall provide a Project Planning Chart (CDRL A001).

1.11. The Contractor shall provide a Funds and Man-hours Expenditure Report (CDRL A002).

1.12. The Contractor shall provide a Contract Funds Status Report (CFSR) (CDRL A003).

1.13 The Contractor shall provide a Contractor’s Progress, Status and Management Report (CDRL A004).

1.14. Any classified material provided by the Government shall be managed and stored in accordance with J-1 -

Contract Security Classification Specifications, DD Form 254. The Contractor must be approved for safeguarding at the SECRET LEVEL. All Contractor personnel that will be required to access or handle classified material or information must be United States citizens and shall be cleared at a minimum to the SECRET level at time of contract award.

2. Labor and Material

The Contractor shall provide material and labor required to perform specified FOA / PSA work items as stated in

Technical Instructions (TI). The Contractor efforts shall include all labor and material required to support production efforts at the Naval Station including but limited to temporary services, crane services, government office facilities including internet capabilities, material lay-down areas, cleaners/laborers, transportation services and production supervision above the leadingman level. Material kits will be delivered to the Contractor as Government

Furnished Material (GFM) in advance of the FOA / PSA, and pre-staged by the Contractor in a warehouse. Material provided by the executing yard will be limited to emergent, incidentals, and/or consumable materials, such as nuts, bolts and washers, pipe insulation, welding rods, pipe hangers, paint brushes, cable hangers and studs, repair parts, cable stuffing tubes and fittings, lube oil, and any Contractor furnished material required to accomplish work as stated in Technical Instructions (TI). Note: The Contractor shall conduct tests, except those designated as

Government responsible, and participate in Post Repair Sea Trials to verify the accuracy and completion of all shipyard industrial work and the following:

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

2.2. Post Repair Sea Trials shall be conducted as follows:

2.2.1. The Contractor shall coordinate trials with the ship and on-site COR or his designated representative and copy and distribute the Post Repair Sea Trial(s) Agenda.

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

2.2.3. Correction of deficiencies identified during Post Repair Sea Trials shall be completed by the

Contractor prior to end of FOA / PSA. Exceptions shall be as agreed upon by the COR(s) or his designated representative.

2.3. Tests shall be run in whole or part as specified in work item specifications.

Item 0001, and if Option Items are Exercised, 0101, 0201, and 0301 (SCN) - The Contractor shall provide engineering, planning, management, material and labor, required to correct Government responsible deficiencies and trial cards as directed by the COR. The Contractor shall provide those support services necessary for accomplishment of production work including but not limited to temporary protection services, cleaners/laborers, transportation services and production supervision above the leadingman level.

Option Items (if exercised), 0002, 0102, 0202, and 0302 (OPN) - The Contractor shall provide engineering, planning, management, material and labor, required to perform specific Fleet system and equipment installations, inclusive of test and trials, as directed by the COR. The Contractor shall provide those support services necessary for accomplishment of production work including but not limited to temporary protection services, cleaners/laborers, transportation services and production supervision above the leadingman level.

Option Items (if exercised) 0003, 0103, 0203 and 0303 (O&MN) - The Contractor shall provide engineering, planning, management, material and labor, required to perform Fleet repair work necessary to complete Fleet and

TYCOM-funded work inclusive of test and trials, as directed by the COR. The Contractor shall provide those support services necessary for accomplishment of production work including but not limited to temporary protection services, cleaners/laborers, transportation services and production supervision above the leadingman level.

Option Items 0004, 0005, 0006 and 0007 - The Contractor (if options are exercised) shall provide additional engineering, planning, management, material and labor, to complete Emergent Work identified prior to, or after

FOA / PSA. This work is to accomplish Government-responsible work identified after delivery, which must be accomplished on an as-needed basis to support test and trials and FCT prior to the start of the FOA / PSA.

ORDERS Items 0008 and 0009 - The Contractor shall provide material in support of Items 0004-0007 to perform emergent work identified prior to, or after FOA / PSA. This work is to accomplish Government-responsible work identified after delivery, which must be accomplished on an as-needed basis to support test and trials and FCT prior to the start of the FOA / PSA. The material effort to be furnished hereunder shall be provided when ordered in accordance with Section H ORDERS (COST-PLUS-FIXED-FEE). [NOTE: As necessary, the Administrative

Contracting Officer is hereby authorized to create Subline Items to facilitate placing orders under this Line Item only]

HQ C-1-0007 PROVISIONING TECHNICAL DOCUMENTATION (NAVSEA) (FEB 1994)

The Provisioning Technical Documentation (PTD) shall be in accordance with the Provisioning Requirements

Statement (PRS), including NAVSEA Addendum for PTD Requirements dated January 1993, the Provisioning

Performance Schedule and the Contract Data Requirements List, DD Form 1423, Exhibit A , attached hereto.

HQ C-2-0002 ACCESS TO PROPRIETARY DATA OR COMPUTER SOFTWARE (NAVSEA) (JUN 1994)

(a) Performance under this contract may require that the Contractor have access to technical data, computer software, or other sensitive data of another party who asserts that such data or software is proprietary. If access to such data or software is required or to be provided, the Contractor shall enter into a written agreement with such party prior to gaining access to such data or software. The agreement shall address, at a minimum, (1) access to, and use of, the proprietary data or software exclusively for the purposes of performance of the work required by this contract, and (2) safeguards to protect such data or software from unauthorized use or disclosure for so long as the data or software remains proprietary. In addition, the agreement shall not impose any limitation upon the

Government or its employees with respect to such data or software. A copy of the executed agreement shall be provided to the Contracting Officer. The Government may unilaterally modify the contract to list those third parties with which the Contractor has agreement(s).

(b) The Contractor agrees to: (1) indoctrinate its personnel who will have access to the data or software as to the restrictions under which access is granted; (2) not disclose the data or software to another party or other Contractor personnel except as authorized by the Contracting Officer; (3) not engage in any other action, venture, or employment wherein this information will be used, other than under this contract, in any manner inconsistent with the spirit and intent of this requirement; (4) not disclose the data or software to any other party, including, but not limited to, joint venturer, affiliate, successor, or assign of the Contractor; and (5) reproduce the restrictive stamp, marking, or legend on each use of the data or software whether in whole or in part.

(c) The restrictions on use and disclosure of the data and software described above also apply to such information received from the Government through any means to which the Contractor has access in the performance of this contract that contains proprietary or other restrictive markings.

(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt by an individual, company, or Government representative not directly involved in the effort to be performed under this contract to gain access to such proprietary information. Such notification shall include the name and organization of the individual, company, or Government representative seeking access to such information.

(e) The Contractor shall include this requirement in subcontracts of any tier which involve access to information covered by paragraph (a), substituting "subcontractor" for “Contractor” where appropriate.

(f) Compliance with this requirement is a material requirement of this contract.

HQ C-2-0004 ACCESS TO THE VESSEL(S) (AT) (NAVSEA) (JAN 1983)

Officers, employees and associates of other prime Contractors with the Government and their subcontractors, shall, as authorized by the Supervisor, have, at all reasonable times, admission to the plant, access to the vessel(s) where and as required, and be permitted, within the plant and on the vessel(s) required, to perform and fulfill their respective obligations to the Government. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Supervisor to be given admission to the plant and access to the vessel(s) for office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of the respective responsibilities involved, and reasonable to their performance.

HQ C-2-0005 ACCESS TO VESSELS BY NON U.S. CITIZENS (NAVSEA) (DEC 2005)

(a) No person not known to be a U.S. citizen shall be eligible for access to naval vessels, work sites and adjacent areas when said vessels are under construction, conversion, overhaul, or repair, except upon a finding by

COMNAVSEA or his designated representative that such access should be permitted in the best interest of the

United States. The Contractor shall establish procedures to comply with this requirement and NAVSEAINST

5500.3 (series) in effect on the date of this contract or agreement.

(b) If the Contractor desires to employ non U.S. citizens in the performance of work under this contract or agreement that requires access as specified in paragraph (a) of this requirement, approval must be obtained prior to access for each contract or agreement where such access is required. To request such approval for non U.S. citizens of friendly countries, the Contractor shall submit to the cognizant Contract Administration Office (CAO), an Access

Control Plan (ACP) which shall contain as a minimum, the following information:

(1) Badge or Pass oriented identification, access, and movement control system for non U.S. citizen employees with the badge or pass to be worn or displayed on outer garments at all times while on the Contractor's facilities and when performing work aboard ship.

(i) Badges must be of such design and appearance that permits easy recognition to facilitate quick and positive identification.

(ii) Access authorization and limitations for the bearer must be clearly established and in accordance with applicable security regulations and instructions.

(iii) A control system, which provides rigid accountability procedures for handling lost, damaged, forgotten or no longer required badges, must be established.

(iv) A badge or pass check must be performed at all points of entry to the Contractor's facilities or by a site supervisor for work performed on vessels outside the Contractor's plant.

(2) Contractor’s plan for ascertaining citizenship and for screening employees for security risk.

(3) Data…