18R2220_Amend_0003.pdf

N0002417NR53085

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this ammendment is to: (1) Update Section H

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 03-Aug-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N0002418R2220

X 9B. DATED (SEE ITEM 11)

09-Jul-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

03-Aug-2018

CODE

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2020

N00024 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0002418R2220

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SECTION H

H-01 CONDITIONS FOR PAYMENT – BOAT CLINS

(APPLICABLE TO CLINs 0001 and 0002)

(a) Definitions.

Boat Contract Line Item (CLIN): For the purpose of this commercial interim payment requirement, “Boat CLIN” means only priced CLINs 0001 and 0002 defined in Section B.

(b) Adequate Security In accordance with 52.232-29, the contractor must provide adequate security to receive contract financing. If the contractor’s financial condition is accepted as adequate security for inclusion of financing terms in the contract, the contractor shall provide annual financial statements to the Government and immediately notify the Government if there is a change in the company’s financial condition. If the contractor’s financial condition is no longer acceptable as adequate security, the contractor shall, at no additional cost to the Government, provide additional adequate security, or the Government may no longer provide contract financing. FAR 32.202-4 paragraphs (b), (c), and (d) list forms of security that may be acceptable, to include but not limited to: a paramount lien, other assets, or other forms of security such as a letter of credit, bond, guarantee of repayment, or title to assets.

(c) The Government will offer financing based on terms of Contracting Officer-specified commercial contract financing. Contract financing shall not be a factor in the evaluation of resulting proposals, and proposals of alternative financing terms shall not be accepted. However, an offer stating that the Contracting Officer-specified contract financing terms will not be used by the Offeror does not alter the evaluation of the offer, nor does it render the offer nonresponsive or otherwise unacceptable. In the event of award to an Offeror who declined the proposed contract financing, the contract financing provisions shall not be included in the resulting contract. Contract financing shall not be a basis for adjusting Offerors’ proposed prices, because the effect of contract financing is reflected in each Offeror’s proposed prices.

(d) The Schedule of Payments and Payable Events listed below are notional and may be adjusted based on the Contractor’s build strategy after contract award. The Government will divide the total price of each applicable Boat CLIN in Section B of the contract into the tasks listed in the table below to calculate the interim finance payments.

Interim payments for each Boat CLIN shall be made upon completion and acceptance of each task described below:

Payments shall be made in accordance with the following payment schedule:

Event Number Milestone Event %

Value % of Task Completed

1 Post Award Conference Completed 3% 3% 2 Design Maturity Review 2% 8%

3* Start of Production & Ordering of Major Components 20% 13% 4* Proof of Receipt of Major Components 19% 23% 5 Delivery of Preliminary TDP 2% 33% 6 Completion and Acceptance of PDIT 3% 48%

7* Acceptance of Boat 50% 98% 8 Retentions 1% 100%

*These values will be further calculated on a per boat basis for payment purposes.

EVENT #1

Upon the Government’s approval of the minutes of the meeting, the Contractor may invoice the Government for 3% of the total Delivery Order Boat CLIN value.

EVENT #2

Upon the Government’s approval of the mold and minutes of the meeting, the Contractor may invoice the Government for 2% of the total Delivery Order Boat CLIN value.

EVENT #3

Upon delivery by the Contractor of the progress report validating the start of production of the ordered boats and submission and confirmation documentation of Purchase Orders for major components (engines, generators, trailers and waterjets) and raw material suppliers (fiberglass and resin) to the WAWF primary POC, the Contractor may invoice the Government for 20% of the total Delivery Order Boat CLIN value.

Note pertaining to EVENT #3 the confirmation documentation submitted for the purchase orders from major component and raw material suppliers shall show related delivery schedule as well as terms of conditions.

EVENT #4

Upon photo evidence of receipt of major component (engines, generators, trailers and waterjets) and raw material received (fiberglass and resin) to the WAWF primary POC, the Government will provide interim payment on a per boat basis. This event is 19% of the total delivery order Boat CLIN value, but it is further calculated on a per boat basis for payment purposes.

EVENT #5

Upon delivery by the Contractor of the preliminary Technical Data Package (TDP) (i.e., the TDP submission required 20 days prior to the official scheduled dates of Pre-Delivery Inspection and Boat Trials) and review and acceptance by the Government, the Government will provide a single interim payment, 2% of the total delivery order Boat CLIN value.

Note pertaining to completeness of the TDP’s Bill of Materials (BOM): The BOM as defined by Attachment 1 must have minimal errors or omissions for payment.

EVENT #6

Upon successful completion and acceptance of PDIT by Government program office (PMS 325), the Government will provide a single interim payment, 3% of the total delivery order Boat CLIN value. Where PDIT is not required by the delivery order, the Government will combine this interim payment with EVENT 7.

EVENT #7

Upon acceptance of each boat and all deliverables at destination by the Government POC, the Government will provide an interim payment on a per boat basis until all of the boats in the delivery order are accepted. All discrepancies must be resolved before invoicing. This event is 50% of the total delivery order Boat CLIN value, and is further calculated on a per boat basis for payment purposes.

Note Pertaining to Boat #1: All requirements of the contract, to include TDP, must be met before submission of invoice for payment on follow on boats. Failure to satisfy conditions of the contract for Boat #1 may result in rejection of future invoices.

EVENT #8

Retention: The payment schedule includes a 1% withholding to be used as a performance reserve. This reserve will remain in the possession of the Government until the expiration of the warranty period provided however there is no uncompleted work remaining. The amount of this reserve released at the expiration of the warranty period is dependent on the value, determined by the Government, of any remaining unfinished work for which the Contractor is responsible. If at any time it appears to the Government that the amount of the performance reserve may be insufficient to meet the cost to the Government of finishing any unfinished work under the Contract for which the Contractor is responsible, or for correcting defects for which the Contractor is responsible whether discovered before or during the warranty period, the Government may, in making payments under this requirement, deduct or withhold such additional amounts as it may deem necessary to render this reserve adequate.

(e) All conditions of Interim Payment Events must be met before submission of invoice for payment. Failure to satisfy any condition will result in rejection of invoice. Submission of invoices for partial payments will not be accepted unless noted.

(f) Any modifications to the contract totaling under $100,000 per modification shall not be subject to a recalculation of the interim payments. The increase or decrease in price shall be reflected in Payment Event #8 in its entirety and should be invoiced at such time as indicated in Payment Event #8.

(g) Any and all payments made hereunder shall be secured when made, by a paramount lien in favor of the Government upon boat, articles, and items contracted for on account of all payments so made and on all material, equipment and other property acquired for or allocated to the performance of this contract or delivery order, except to the extent that the Government, by virtue of any other requirements of this contract or delivery order, or otherwise shall have valid title to such articles, things materials, or other property as against other creditors of the Contractor.

If such property is not identified by marking or segregation, the Government shall be deemed to have a lien upon a proportionate part of any mass of property with which such property is commingled. Any lien provided for by virtue of this paragraph is paramount to all other liens under the provisions of 10 U.S.C. § 2307.

H-02 CONDITIONS FOR PAYMENT – ALL OTHER CLINS

CLINs 0003 & 0004 – Expeditionary 11M RIB and Spares Shipping: Payable upon delivery and acceptance of boat at the designated destination by the Government.

CLIN 0005 – Pre-Delivery Inspection and Trials (PDITs): Payable upon successful completion of PDITs and acceptance by the Government.

CLINs 0006 & 0007 – Crew Familiarization Training: Payable upon successful completion of Crew Familiarization and acceptance by the Government.

CLIN 0008 – Molds: Payable upon successful completion of molds inspections and acceptance in place by the Government.

CLIN 0009 – UUV Dummy: Payable upon completion of the UUV dummy and acceptance in place by the Government.

CLIN 0010 – Mold and UUV Dummy Shipping: Payable upon delivery and acceptance of the molds and UUV dummy at the designated destination by the Government.

CLIN 0011 – Engine Diagnostic Software: Payable upon delivery and acceptance of the Engine Diagnostic Software at the designated destination by the Government.

CLIN 0012 – Provision Items Order (PIO) Spares: Payable upon delivery and acceptance of PIO Spares by the Government.

CLIN 0013 – Engineering and Industrial Services: Payable upon successful completion and acceptance of Engineering and Industrial Services.

CLIN 0014 – Special Studies and Documentation: Payable upon completion and acceptance of special studies and documentation.

H-03 ENGINEERING & INDUSTRIAL SERVICES

The Contractor shall schedule performance of work so as to permit approximately 350 man-hours of labor per year and $5,000 of material per year under this Contract. The work to be performed shall consist of production and engineering related labor as ordered by the Government for Engineering & Industrial Services within scope of this Contract without causing delay or disruption to the work performed under this Contract, or any other Government contract, or any other work in process for the Government. The stated material amount includes any applicable handling charges, storage, overhead, or other costs, plus profit associated with the $5,000 Government estimate.

a) As used herein, the term “Engineering & Industrial Services” means work under this Contract, ordered by the

Contracting Officer pursuant to the procedures of the clause of this Contract entitled “5252.216.9110 ORDERS (FIXED-PRICE)” Engineering & Industrial Services do not include performance of work for the correction of Contractor responsible defects.

b) Notwithstanding any provisions of the clause of this Contract entitled “5252.216.9110 ORDERS (FIXED-

PRICE)” or any other term and condition of this Contract, adjustments in contract price by reason of Engineering & Industrial Services of approximately 350 man-hours of labor and $5,000 for material per ship of work shall not include any amounts for cost of delay or disruption of work performed under this Contract, any other Government contract or any other work in process for the Government. Additionally, the delivery schedule under this Contract or any other Government contract shall not be extended by reason of or as a result of Engineering & Industrial Services of approximately 350 man-hours of labor and $5,000 for material.

c) These provisional amounts of man-hours and material dollars are subject to adjustment under the General

Requirement of SECTION C of this contract entitled “5252.216.9110 ORDERS (FIXED-PRICE).” If issued, orders will be on a firm fixed price (FFP) basis.

H – 04 SPECIAL STUDIES & DOCUMENTATION

The Contractor shall schedule performance of work so as to permit approximately 200 man-hours of labor per year and $3,500 of material per ship under this Contract. The work to be performed shall consist of engineering related labor as ordered by the Government for Special Studies & Documentation within scope of this Contract without causing delay or disruption to the work performed under this Contract, or any other Government contract, or any other work in process for the Government. The stated material amount includes any applicable handling charges, storage, overhead, or other costs, plus profit associated with the $3,500 Government estimate.

(a) 5252.216-9110 ORDERS (FIXED-PRICE).” Special Studies & Documentation do not include performance of work for the correction of Contractor responsible defects.

(b) Notwithstanding any provisions of the clause of this Contract entitled “5252.216-9110 ORDERS (FIXED-

PRICE)” or any other term and condition of this Contract, adjustments in contract price by reason of Special Studies & Documentation of approximately 200 man-hours of labor and $3,500 for material per boat of work shall not include any amounts for cost of delay or disruption of work performed under this Contract, any other Government contract or any other work in process for the Government. Additionally, the delivery schedule under this Contract or any other Government contract shall not be extended by reason of or as a result of Special Studies & Documentation of approximately 200 man-hours of labor and $3,500 for material.

(c) These provisional amounts of man-hours and material dollars are subject to adjustment under the General

Requirement of SECTION C of this contract entitled “5252.216-9110 ORDERS (FIXED-PRICE).” If issued, orders will be on a firm fixed price (FFP) basis.

(End of Summary of Changes)