DRAFT_RFP_N00024-18-R-2201_NOAA_AGOR_Variant.pdf

CODE

(Hour)

PAGE(S)

until local time

X

A X B X C X D

EX

X

G F

X H

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

1 137

(If other than Item 7)

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

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

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

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N00024 8. ADDRESS OFFER TO

See Item 7

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

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

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 11

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

12 - 75 76 - 78

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

79 - 82 83 - 85

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 86 - 89

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 90 - 117 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 INITEM

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

118 - 137

PART II - CONTRACT CLAUSES

NAVAL SEA SYSTEMS COMMAND (HQ) SEA 02224

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376

202-781-0454

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

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

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0002418R2201

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

Preliminary/Contract Design

FFP

1 Each

NOAA AGOR Variant Preliminary/Contract Design and Documentation (See Note A) FOB: Origin (Shipping Point)

NET AMT

Data for CLIN 0001

1 Lot

Data for CLIN 0001 (See Note A)

NOAA AGOR Variant, Ship 1

OPTION NOAA AGOR Variant Detail Design and Construction, Ship 1 (See Notes B, C, and G)

Data for CLIN 0003

OPTION Data for CLIN 0003 (See Notes B and C)

PIO- Shore Based Spares for 0003

OPTION Provisioned Items Order (PIO) - Shore Based Spares for CLIN 0003 (See Notes B, C, and D)

PIO - Spares and Repair Parts for 0003

OPTION Provisioned Items Order (PIO) - Spares and Repair Parts, Special Tools, and Test Equipment for CLIN 0003 (See Notes B, C, and D)

PIO - Labor & Material for AGR for 0003

OPTION Provisioned Items Order (PIO) - Labor and Material for Additional Government Requirements for CLIN 0003 (See Notes B, C, D, and E)

PIO - Special Studies & Doc for 0003

OPTION Provisioned Items Order (PIO) – Special Studies and Documentation for CLIN 0003 (See Notes B, C, D, and F)

PIO- Outfitting Material for 0003

OPTION Provisioned Items Order (PIO) – Outfitting Material for CLIN 0003 (See Notes B, C, and

NOAA AGOR Variant, Ship 2

OPTION NOAA AGOR Variant Detail Design and Construction, Ship 2 (See Notes B, C, and G)

Data for CLIN 0010

OPTION Data for CLIN 0010 (See Notes B and C)

PIO - Shore Based Spares for CLIN 0010

OPTION Provisioned Items Order (PIO) – Shore Based Spares for CLIN 0010 (See Notes B, C, and D)

PIO - Spares and Repair Parts for 0010

OPTION Provisioned Items Order (PIO) – Spares and Repair Parts, Special Tools, and Test Equipment for CLIN 0010 (See Notes B, C, and D)

PIO - Labor & Material for AGR for 0010

OPTION Provisioned Items Order (PIO) – Labor and Material for Additional Government Requirements for CLIN 0010 (See Notes B, C, D, and E)

PIO - Special Studies & Doc for 0010

OPTION Provisioned Items Order (PIO) – Special Studies and Documentation for CLIN 0010 (See Notes B, C, D, and F)

PIO – Outfitting Material for CLIN 0010

OPTION Provisioned Items Order (PIO) – Outfitting Material for CLIN 0010 (See Notes B,C, and

CLIN NOTES

NOTE A: The Government plans to award multiple firm-fixed price contracts for CLIN 0001. The maximum possible award amount (Price Cap) for CLIN 0001 is $1,500,000.00 for each of the selected Phase I contracts. CLIN 0002 is Not-Separately Priced (NSP) and is included in the cost of CLIN 0001.

NOTE B: Phase II refers to CLINs 0003 through 0016. Actual prices for Phase II CLINS will be formally solicited during Phase I contract performance as set forth with the instructions in Sections C, F, and L.

These prices are to be filled in as a result of the source selection procedures in accordance with to Phase

II.

NOTE C: Option Items (CLINs 0003 through 0016) to which the option clause 52.217-7 in Section I entitled

“OPTION FOR INCREASED QUANTITY” is applicable, are to be supplied only if and to the extent said options are exercised. The Government is not obligated to order any or all of these items. Exercise of one option will not obligate the Government to the exercise of other options.

NOTE D: Provisional amounts (CLINS 0005, 0006, 0007, 0008, 0009, 0012, 0013, 0014, 0015, and 0016) are subject to adjustment under Section C Clause entitled “PROVISIONED ITEMS ORDER – ALTERNATE II,” 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 E: Approximately 500 man-hours and $25,000 material may be needed for each ship under CLINS 0007, and 00014. These are estimates and do not indicate that the Government will necessarily order this amount or any at all. The actual amount of labor hours and material dollars will be determined in accordance with Section H Clause entitled “ADDITIONAL GOVERNMENT REQUIREMENTS”. In the table below, enter the applicable hourly labor rate for each Government fiscal year, which will apply to any work ordered under this item.

CLINS 0007, and 0014 Labor and Material for Additional Government Requirements Government Fiscal Year

Fully Loaded Production Rate (per Hour)

Material Handling Rate

2020 $TBD $TBD

2021 $TBD $TBD

2022 $TBD $TBD

2023 $TBD $TBD

2024 $TBD $TBD

2025 $TBD $TBD

NOTE F: Approximately 500 man-hours and $5,000 material may be needed for each ship under CLIN 0008, and

00015. These are estimates and do not indicate that the Government will necessarily order this amount or any at all. The actual amount of labor hours and material dollars will be determined in accordance Section H Clause entitled “SPECIAL STUDIES & DOCUMENTATION”. In the table below, enter the applicable hourly labor rate for each Government fiscal year, which will apply to any work ordered under this item.

CLINS 0008, and 0015 Special Studies & Documentation Government Fiscal Year

Fully Loaded Engineering Rate (per Hour)

Material Handling Rate

2020 $TBD $TBD

2021 $TBD $TBD

2022 $TBD $TBD

2023 $TBD $TBD

2024 $TBD $TBD

2025 $TBD $TBD

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-2-0017 REFUNDS (SPARES AND SUPPORT EQUIPMENT) (NAVSEA) (SEP 1990)

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

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

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

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

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

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

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

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

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

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

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

This entire contract is fixed price.

Section C - Descriptions and Specifications

HQ C-1-0005 ITEM(S) 0005 – 0009, 0012 – 0016 - PROVISIONED ITEMS ORDERS – ALTERNATE II (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 may 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 on 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 252.2l7-7027) shall be included in any undefinitized order.

(d) Unilateral Undefinitized Orders. (1) For a unilateral undefinitized order, the Contractor shall within ten calendar days of receipt of the order notify the Contracting Officer in writing if it takes exception to the ceiling amount and/or the delivery schedule and shall propose a revised ceiling amount and/or a revised delivery schedule at that time. For unilateral undefinitized orders to which the Contractor takes no exception, the Contractor is obligated to perform just as if it were a fully definitized order.

(2) After receipt of the Contractor's Proposal to establish the revised ceiling amount and/or the revised delivery schedule, the Contracting Officer shall: (1) adjust the ceiling amount and/or revise the delivery schedule; (2) advise the Contractor that the order will be adjusted in a different amount than proposed by the Contractor; or (3) advise the Contractor that no adjustment will be made. In the event the Contractor has taken exception to the ceiling amount and/or the delivery schedule and has submitted a timely proposal in accordance with the preceding requirement and the Contracting Officer has not accepted the Contractor's proposal, the Contractor shall not be obligated to perform the order beyond the point at which it would be entitled to be compensated in an amount in excess of the Government's limitation of liability contained in the unilateral order.

(e) Definitization of Undefinitized Orders. (l) 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 l80 days after the issuance of the undefinitized order. However, that target date may be extended by the Contracting Officer for up to l80 days after the Contractor submits a qualifying proposal as defined in DFARS 2l7.740l; or

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

(3) If agreement on a definitive order is not reached within the time provided pursuant to subparagraph (e)(2) above, the Contracting Officer may, with the approval of the Head of the Contracting Activity, determine a reasonable price in accordance with Subpart l5.4 and Part 3l of the FAR, and issue a unilateral order subject to Contractor appeal as provided in the "DISPUTES" clause (FAR 52.233-1). In any event, the Contractor shall proceed with completion of the order, subject to the "LIMITATION OF GOVERNMENT LIABILITY" clause (FAR 52.216-24).

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

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

(3) If the Contractor submits a qualifying proposal (as defined in DFARS 2l7.740l) to definitize an order before the Government has obligated fifty percent (50%) of the ceiling amount, the Contracting Officer may increase the limitation of Government liability to up to seventy-five percent (75%) of the maximum ceiling amount or up to seventy-five percent (75%) of the price proposed by the Contractor, whichever is less.

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

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

(h) Terminal Date for Placement of Orders. The Contractor shall not be obligated to accept any orders placed hereunder beyond the guaranty period set forth in the clause entitled "GUARANTY PERIOD" for the last article under the applicable item called for in Section B hereof for which the supplies or services are being acquired, provided, however, that deliveries or performance of such supplies or services shall be completed not later than the expiration of said guaranty period.

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

(j) Ordering. The cognizant ordering activities are designated below:

Naval Sea Systems Command Code 02223

SUPSHIP ACO/DCMA ACO

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.

ACCESS TO THE VESSEL(S) (NAVSEA) (SEP 2016)

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 THE VESSELS BY NON-U.S. CITIZENS (JUN 2016)

(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 5510.2C CH-1 (25 Feb 14).

(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 reflecting the number, nationality, and positions held by non-U.S. citizen employees, including procedures to update data as non-U.S. citizen employee data changes, and pass to cognizant CAO.

(4) Contractor's plan for ensuring subcontractor compliance with the provisions of the Contractor's ACP.

(5) These conditions and controls are intended to serve as guidelines representing the minimum requirements of an acceptable ACP. They are not meant to restrict the Contractor in any way from imposing additional controls necessary to tailor these requirements to a specific facility.

(c) To request approval for non-U.S. citizens of hostile and/or communist-controlled countries (listed in Department of Defense Industrial Security Manual, DOD 5220.22-M or available from cognizant CAO), Contractor shall include in the ACP the following employee data: name, place of birth, citizenship (if different from place of birth), date of entry to U.S., extenuating circumstances (if any) concerning immigration to U.S., number of years employed by Contractor, position, and stated intent concerning U.S. citizenship. COMNAVSEA or his designated representative will make individual determinations for desirability of access for the above group. Approval of ACP's for access of non-U.S. citizens of friendly countries will not be delayed for approval of non-U.S. citizens of hostile communistcontrolled countries. Until approval is received, Contractor must deny access to vessels for employees who are non-U.S. citizens of hostile and/or communist-controlled countries.

(d) The Contractor shall fully comply with approved ACPs. Noncompliance by the Contractor or subcontractor serves to cancel any authorization previously granted, in which case the Contractor shall be precluded from the continued use of non-U.S. citizens on this contract or agreement until such time as the compliance with an approved ACP is demonstrated and upon a determination by the CAO that the Government's interests are protected. Further, the Government reserves the right to cancel previously granted authority when such cancellation is determined to be in the Government's best interest. Use of non-U.S. citizens, without an approved ACP or when a previous authorization has been canceled, will be considered a violation of security regulations. Upon confirmation by the CAO of such violation, this contract, agreement or any job order issued under this agreement may be terminated or default in accordance with the clause entitled "DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)" (FAR 52.249-8), "DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT)" (FAR 52.249-9) or "TERMINATION (COST REIMBURSEMENT)" (FAR 52.249-6), as applicable.

(e) Prime Contractors have full responsibility for the proper administration of the approved ACP for all work performed under this contract or agreement, regardless of the location of the vessel, and must ensure compliance by all subcontractors, technical representatives and other persons granted access to U.S. Navy vessels, adjacent areas, and work sites.

(f) In the event the Contractor does not intend to employ non-U.S. citizens in the performance of the work under this contract, but has non-U.S. citizen employees, such employees must be precluded from access to the vessel and its work site and those shops where work on the vessel's equipment is being performed. The ACP must spell out how non-U.S. citizens are excluded from access to contract work areas.

(g) The same restriction as in paragraph (f) above applies to other non-U.S. citizens who have access to the Contractor's facilities (e.g., for accomplishing facility improvements, from foreign crewed vessels within its facility, etc.) except that, with respect to access to the vessel and worksite, the restrictions shall not apply to uniformed U.S.

Navy personnel who are non-U.S. citizens and who are either assigned to the ship or require access to the ship to perform their duties.

(End of clause)

Section C – Description/Specifications/Work Statement

PART 1 – GENERAL STATEMENT OF WORK

PART 2 – CONTRACT LINE ITEM NUMBER (CLIN) DESCRIPTIONS

PART 3 – PHASE I STATEMENT OF WORK, PRELIMINARY/CONTRACT DESIGN AND

DOCUMENTATION

PART 4 – PHASE II STATEMENT OF WORK, DETAIL DESIGN AND CONSTRUCTION

PART 5 – STANDARD CLAUSES

PART 1 – GENERAL STATEMENT OF WORK

This Statement of Work defines the effort required for the design, construction, testing, and configuration and program management for the acquisition of up to three (3) NOAA AGOR Variant Class ships. A two-phased procurement approach will be utilized. Phase I includes CLIN 0001 and CLIN 0002. Phase II includes CLIN 0003 through CLIN 0016.

PART 2 – CONTRACT LINE ITEM NUMBER (CLIN) DESCRIPTIONS

A. Phase I

See Part 3 for further description of the Phase I Statement of Work, including CLIN 0001 and CLIN 0002.

CLIN 0001 - NOAA AGOR VARIANT PRELIMINARY/CONTRACT DESIGN AND DOCUMENTATION

The Contractor shall furnish all resources necessary to perform the Phase I Preliminary/Contract Design for the NOAA AGOR Variant Class ship(s) at a Contractor’s facilities. Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

1. The Schedule (excluding the specifications)

2. Representations and other instructions

3. Contract clauses

4. Other documents, exhibits, and attachments in the following order of precedence:

1. System Specification, Attachment J-1;

2. Scientific Mission Systems Specification, Attachment J-6;

3. Phase I Data Requirements List (DRL), Attachment J-2

4. All other documents, exhibits, and attachments

The Contractor shall perform the Preliminary/Contract Design for the NOAA AGOR Variant, including engineering analyses, tradeoff studies, and engineering and design documentation defining preliminary and contract designs.

The Contractor shall provide the management effort necessary to ensure the on-schedule completion of the Preliminary/Contract Design. The Contractor shall identify and take steps to correct all problems and potential problems arising during contract performance.

At the end of the period of performance for Phase I as specified in Section F, the Contractor shall deliver a complete price and technical proposal for Phase II that is consistent with the requirements of Phase II Section L and the Phase I Contract requirements.

CLIN 0002 - DATA FOR CLIN 0001

Data shall be prepared in accordance with this Contract, the System Specification, Attachment J-1, Scientific Mission Systems Specification, Attachment J-6, and the Phase I Data Requirements List (DRL), Attachment J-2.

This item is NSP.

B. Phase II

See Part 4 for further description of the Phase II Statement of Work, including CLIN 0003 through CLIN 0016 if option(s) is (are) exercised and/or order(s) is (are) placed.

CLIN 0003 (OPTION), AND CLIN 0010 (OPTION) - NOAA AGOR VARIANT DETAIL DESIGN AND

CONSTRUCTION, SHIPS 1, AND 2.

The Contractor shall furnish all resources necessary to perform the Phase II Detail Design and Construction of the NOAA AGOR Variant Class ship(s) at the Contractor’s facilities. Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

5. The Schedule (excluding the specifications)

6. Representations and other instructions

7. Contract clauses

8. Other documents, exhibits, and attachments in the following order of precedence:

5. System Specification, Attachment J-1;

6. Scientific Mission Systems Specification, Attachment J-6;

7. Phase I Data Requirements List (DRL), Attachment J-2; and Phase II Data Requirements List (DRL), Attachment J-3;

8. Applicable sections of the Contractor’s Proposal, Attachment J-7 in the following order of precedence:

a) Hull Lines Drawing, Attachment J-7a;

b) General Arrangement Drawing, Attachment J-7b;

c) Master Equipment List (MEL), Attachment J-7c;

d) Shore Based Spares List, Attachment J-7d

9. All other documents, exhibits, and attachments

The Contractor shall perform the technical, procurement, and other tasks necessary for the Detail Design and Construction of the NOAA AGOR Variant. The Contractor shall provide the management effort necessary to ensure the on-schedule completion of the Detail Design and Construction. The Contractor shall identify and take steps to correct all problems and potential problems arising during contract performance which could impact the on-schedule completion of the NOAA AGOR Variant.

CLIN 0004 (OPTION) AND CLIN 0011 (OPTION) – DATA FOR CLIN 0003, AND DATA FOR CLIN 0010

IF OPTION(S) IS (ARE) EXERCISED

Data shall be prepared in accordance with this Contract, and as instructed in the Phase II Data Requirements List (DRL), Attachment J-3. The Contractor shall prepare engineering, production, logistic support, and test and trial documentation which meet the requirements of this Contract and its attachments. The Contractor shall verify that the final technical data deliverables, in accordance with Phase II Data Requirements List (DRL), Attachment J-3;

accurately reflect the ships as delivered and as modified under this Contract at the conclusion of the Warranty Period. These items are NSP.

CLIN 0005 (PIO), AND CLIN 0012 (PIO) – SHORE BASED SPARES FOR CLIN 0003, AND CLIN 0010 IF

OPTION(S) IS (ARE) EXERCISED

The Contractor shall provide shore based spares in accordance with the List of Shore Based Spares, Attachment J-8.

The Contractor shall be responsible for delivering the shore based spares coinciding with Preliminary Acceptance of each ship.

CLIN 0006 (PIO), AND CLIN 0013 (PIO) - SPARES AND REPAIR PARTS, SPECIAL TOOLS, AND TEST

EQUIPMENT FOR CLIN 0003, AND CLIN 0010 IF OPTION(S) IS (ARE) EXERCISED

The Contractor shall provide spare and repair parts, special tools, and test equipment in accordance with the requirements herein and the “PROVISIONED ITEM ORDER – ALTERNATE II” requirement in this Contract.

CLIN 0007 (PIO), AND CLIN 0014 (PIO) - LABOR AND MATERIAL FOR ADDITIONAL

GOVERNMENT REQUIREMENTS FOR CLIN 0003, AND CLIN 0010 IF OPTION(S) IS (ARE)

EXERCISED

In accordance with the clause entitled "ADDITIONAL GOVERNMENT REQUIREMENTS" under Section H of this Contract, the Contractor shall provide approximately 500 man-hours of production support labor and $25,000 of material per ship to perform Additional Government Requirements in support of the NOAA AGOR Variant Class ship(s). These services are defined as any work authorized by the Procuring Contracting Officer that is required to support the NOAA AGOR Variant Class ship(s). Orders for this effort will be placed in accordance with the general requirements in Section H of this Contract entitled “ADDITIONAL GOVERNMENT REQUIREMENTS”. The Contractor shall complete the table for fully loaded production rates under Section B.

CLIN 0008 (PIO), AND CLIN 0015 (PIO) - SPECIAL STUDIES & DOCUMENTATION FOR CLIN 0003, AND CLIN 0010 IF OPTION(S) IS (ARE) EXERCISED

In accordance with the clause entitled "SPECIAL STUDIES & DOCUMENTATION" under Section H of this contract, the Contractor shall provide approximately 500 man-hours of engineering labor and $5,000 of material to perform Special Studies & Documentation in support of the NOAA AGOR Variant Class ship(s). Special Studies & Documentation are defined as any work authorized by the Procuring Contracting Officer that is required to support the NOAA AGOR Variant Class ship(s). Orders for this effort will be placed in accordance with the general requirements in Section H of this Contract entitled “SPECIAL STUDIES & DOCUMENTATION”. The Contractor shall complete the table for fully loaded engineering rates under Section B.

CLIN 0009 (PIO), AND CLIN 0016 (PIO) – OUTFITTING MATERIAL FOR CLIN 0003, AND CLIN 0010

IF OPTION(S) IS (ARE) EXERCISED

The Contractor shall provide Outfitting Material as identified by the Government.

The Contractor shall accomplish the receipt, inspection, identification, segregation, marking, packaging, packing and storage as required in SOW Section C-3.2083b.

PART 3 – PHASE I STATEMENT OF WORK, PRELIMINARY/CONTRACT DESIGN AND

DOCUMENTATION

Applicable to CLINs 0001 and CLIN 0002

C-3.1.042a. CONFERENCES AND REVIEWS The Contractor shall conduct a Post Award Conference (PAC) for Phase I within thirty (30) days of award of Phase I. The Contractor shall hold the Conference at the Contractor’s facility. The purpose of the conference is to (1) review the contract and technical requirements, (2) review the schedule requirements including the schedule of design reviews, and (3) discuss the roles and working relationships between the Contractor and the Government.

Representatives from each engineering and design firm on the Contractor’s team shall attend. The Contractor shall prepare Post Award Conference Agenda, Presentation and Minutes (DI-001).

The Contractor shall conduct Design Reviews (DRs) quarterly after PAC through the end of Phase I. Preliminary Design, described below, is the period prior to the Design Maturity Assessment (DMA). Contract Design is the period following the DMA. The final design spiral leading to successful completion of Phase I defines Contract Design. The Contractor shall hold DRs at the Contractor’s facility on dates acceptable to the Government. There shall be at least one DR held after presentation of the DMA. The Contractor’s design agent (if used), Propulsion Single System Vendor (SSV) representatives, Scientific Electronic Systems (SES) SSV representatives, and the Noise Control Consultant shall attend DRs and the DMA. The Contractor shall prepare Design Review Agendas, Presentations and Minutes (DI-002).

The Contractor shall conduct the PAC, DRs, and DMA per the schedule below.

Table 1: Phase I Conferences and Reviews Month1 1 2 3 4 5 6 7 8 9 10 11 12 Post Award Conference2 X Design Reviews X X X X Design Maturity Assessment3

Note 1: Months are measured from CLIN 0001 award, and indicate latest date an event may be scheduled.

Note 2: This event shall be held only once, following CLIN 0001 award.

Note 3: This event shall be held only once, at least forty-five days prior to the final DR, and may be concurrent with an earlier DR chosen by the Contractor.

C-3.1.042b. DESIGN MATURITY ASSESSMENT

The DMA shall demonstrate the readiness of the Contractor’s design and selected technologies for proceeding into the Contract Design phase. The Contractor shall present the DMA at the time of their choosing, at least forty-five

(45) days prior to the final DR. The Contractor shall present the DMA after:

1. The Contractor completes Model Testing and has the preliminary results from the model basin.

2. The Contractor and their selected SES SSV identify locations of sonar installation areas and associated mission sensor equipment.

3. The Contractor knows the preliminary predicted Sonar Self-Noise levels.

4. The Contractor provides their equipment selection rationale for the critical items identified in the Master

Equipment List.

5. The following data items reflect architectures that are nearing completion and are consistent among themselves:

a. General Arrangement Drawing

b. Machinery Arrangement Drawing

c. Topside Arrangement Drawing

d. Contract Design Weight Estimate (CDWE)

e. Intact and Damage Stability Report

f. Hull Lines Drawing

g. Speed and Power Report

h. Dynamic Positioning System Performance Report

i. Midship Section Drawing

j. Typical Sections Drawing

k. Shell Expansion Drawing

l. Deck and Platform Drawing

m. Superstructure Drawing

n. Propulsion System Report

o. Automation Control and Monitoring Systems Report

p. Master Equipment List (MEL)

q. Electric Power Load Analysis (EPLA)

r. Electrical System One-Line Diagram

s. Bubble Sweepdown Computational Fluid Dynamics Report

t. Scientific Electronic Systems Arrangement Drawing

u. Handling System and Scientific Package Deployment Drawing

v. Auxiliary Systems Report

w. Pollution Control Systems Report

x. Seakeeping Performance Report

The Contractor shall prepare a Design Maturity Assessment Report (DI-003).

C-3.1.042c. DESIGN SUMMARY REPORT

The Contractor shall prepare a Design Summary Report (DI-004), which describes and summarizes the results of the completed Contract Design.

C-3.1.042d. SCHEDULE

The Contractor shall prepare a Phase I Master Schedule (DI-005) describing the Preliminary/Contract Design effort.

C-3.1.042e. MASTER EQUIPMENT LIST

The Contractor shall prepare, maintain, and update a Master Equipment List (DI-006). The MEL shall include the items identified as Non-Critical Equipment and Critical Equipment. The equipment selections shall be annotated as

Non-Critical or Critical.

The following items shall be identified by the Contractor by make and model number and shall be considered Non- Critical Equipment:

1. Air Conditioning (A/C) plants

2. Refrigeration Plants

3. Harmonic Filters (data for space and weight reservation only)

4. Phase Shifting Transformers (if provided)

5. Watermakers

6. Air Compressors

7. Dive Air Compressors and Nitrox Membrane System

8. Purifiers

9. Oil Water Separator

10. Oil Content Monitor

11. Propulsion Shafting

12. Line Shaft, Thrust and Waterborne Bearings (if provided)

13. Pumps and fans (greater than 10 HP)

14. Steering Gear

15. VCHT

16. Sewage Treatment Plant

17. Anchor Windlass

18. Life rafts

19. Rescue Boat and Davit

20. Work Boat and Davit

21. Ship Mooring Winches and Capstans

22. Uninterruptible Power Supply Units

23. Ballast Water Treatment Equipment

24. Incinerator

25. Impressed Cathodic Protection System

The following items shall be identified by the Contractor by make and model number and shall be considered Critical Equipment:

1. Machinery Centralized Control System (MCCS) Major Components and Consoles

2. Diesel Generator Sets

3. Propulsion Motors

4. Propulsion Transformers

5. Steerable Propulsion Thrusters (if provided)

6. Propulsion Variable Speed Drives

7. Switchboards

8. Thruster(s)

9. Thruster Motor(s)

10. Thruster Variable Speed Drive(s)

11. Cranes

12. Overboard Handling Equipment

13. Oceanographic Winches

14. Dynamic Positioning System (DPS)*

15. Integrated Bridge System Major Components and Consoles*

16. SES Equipment*

*Note: Identified by make and model in the System Specification, Attachment J-1 and/or Scientific Mission Systems Specification, Attachment J-6.

The equipment listed in the Phase I MEL will become the equipment listed in the Phase II Master Equipment List

(MEL), Attachment J-7c, and will be subject to configuration management during Phase II. Any Contractor proposed changes to Non-Critical Equipment during Phase II shall be made via the Equivalency Request process.

Contractor proposed changes to Critical Equipment during Phase II shall be via the Engineering Change Proposal (ECP) process.

C-3.1.042f. EQUIVALENT EQUIPMENT

During Phase I, the Contractor may propose an alternative to any item identified by manufacturer's make and model number in the System Specification, Attachment J-1 and/or Scientific Mission Systems Specification, Attachment J- 6 and identified in the Equipment Salient Characteristics, Attachment J-9, by preparing an Equivalent Equipment Substitution Request (DI-007) in writing to the Government for approval.

C-3.1.042g. REQUIREMENTS VERIFICATION

The Contractor shall prepare a Requirements Verification Matrix (DI-008) to document how the System Specification, Attachment J-1, and the Scientific Mission Systems Specification, Attachment J-6, requirements are incorporated and verified into the overall design and documentation for Phase I of this Contract.

C-3.1.042h. COST ESTIMATES

The Contractor shall prepare and provide at each DR Cost Estimates (DI-009) that represent the Contractor’s best current estimate of the complete cost for Phase II. The Cost Estimate will be viewed solely by the Government.

C-3.1.042i. LIFE CYCLE FUEL ESTIMATE AND LIFE CYCLE COST SAVINGS STUDY REPORT

The Contractor shall prepare a Life Cycle Fuel Estimate and Life Cycle Cost Savings Study Report (DI-010) identifying planned Detail Design features, including equipment selection and their potential savings regarding energy efficiencies, fuel consumption and maintenance, and operational features based on the operating profile provided in the System Specification, Attachment J-1.

The Contractor shall consider employing Energy Saving Devices (ESDs) and/or energy saving measures to reduce the ship’s fuel consumption as compared to similar type vessels. The ESDs and/or energy saving measures shall be readily available for integration and be non-developmental items.

The Contractor shall consider maintenance and operational features, including corrosion control, to reduce maintenance and manpower effort required without degrading operational readiness.

C-3.1.042j. NOTIONAL PHASE II SCHEDULE

The Contractor shall prepare a Notional Phase II Schedule (DI-011) identifying the major Phase II design and production milestones and the build strategy through module identification and erection sequencing.

C-3.1.060 NOAA AGOR VARIANT SPECIFICATION REVIEW

The Contractor shall review the System Specification, Attachment J-1 and Scientific Mission Specification, Attachment J-6, and shall prepare…