N0002418R2300_FFG(X)_CD_RFP_Bidders_Questions_Release_3.pdf

N0002418R2300

FFG(X) CONCEPTUAL DESIGN (CD) RFP QUESTIONS

# Question Response

RFP BIDDER'S QUESTIONS RELEASE 3 (#34-48)

Note: The following are answers to questions received from potential offerors. The answers provide clarification only and DO NOT constitute an amendment to the solicitation.

252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014

252.227-7013 Alt II Rights in Technical Data--Noncommercial Items (FEB 2014) Alternate II MAR 2011

And

52.227-6 ROYALTY INFORMATION (APR 1984)

(a) Cost or charges for royalties. When the response to this solicitation contains costs or charges for royalties totaling more than $250, the following information shall be included in the response relating to each separate item of royalty or license fee:

(1) Name and address of licensor.

(2) Date of license agreement.

(3) Patent numbers, patent application serial numbers, or other basis on which the royalty is payable.

(4) Brief description, including any part or model numbers of each contract item or component on which the royalty is payable.

(5) Percentage or dollar rate of royalty per unit.

(6) Unit price of contract item.

(7) Number of units.

(8) Total dollar amount of royalties.

(b) Copies of current licenses. In addition, if specifically requested by the Contracting Officer before execution of the contract, the offeror shall furnish a copy of the current license agreement and an identification of applicable claims of specific patents.

(End of provision)

And

L.1.5.1.4.2. iv. Data Rights. Data rights are needed by the Government in order to sustain, maintain, upgrade, and modernize FFG(X) ships. Offeror shall propose data rights to the extent necessary to understand and develop training, operation, maintenance, sustainment, and modernization strategies for the ship and ship systems.

Given that the contract requires use of a proven parent design, the FFG(X) design products have extensive underlying background intellectual property embedded within nearly all, if not all, Conceptual Design deliverable products.

1) Please confirm that the Government will not seek any data rights for data developed by Conceptual Design contractors who are not later selected as the

Detail Design and Construction contractor to design and build the FFG(X) except those needed to evaluate the FFG(X) designs during this phase of the program and that the participation in the Conceptual Design does not require the contractor to provide data rights that allow the Government to operate, repair, maintain, reprocure, modify, disclose to others, market, sell, design or construct the Contractor’s FFG(X) Design.

2) It is understood that L.1.5.1.4.2.iv. is intended to discuss the data rights associated with the FFG(X) that would be offered during Detail Design and

Construction, not the rights associates with the Conceptual Design deliverables. Is this correct?

3) It is understood Section K, 52.227-6 is applicable only to royalties due under the scope of the Conceptual Design contract and not royalties that would be due under the Detail Design and Construction contract. Is this correct?

1) No data rights are required for the parent design during CD.

However, data rights are required for the design products that are modified from the parent design to meet the FFG(X) System

Specification during CD.

2) Correct, the L.1.5.1.4.2 data rights approach is for DD&C efforts.

3) Correct, 52.227-6 applies to royalties under CD.

Section I

252.219-7003 (Dev) Small Business Subcontracting Plan (DOD Contracts)--Basic (Deviation 2016-O0009) AUG 2016

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2016-O0009) JAN 2017

Section L

HQ L-2-0009 SMALL BUSINESS SUBCONTRACTING PLAN (NAVSEA) (JUN 1999)

Offeror shall submit as part of its proposal a written proposed subcontracting plan in accordance with the clause entitled "SMALL BUSINESS

SUBCONTRACTING PLAN" (FAR 52.219-9). The plan shall include the Congressionally mandated five percent (5%) goal for small disadvantaged business concerns or a detailed explanation as to why the goal cannot be included in the plan.

The Contractor is a participant in the DoD test program for comprehensive small business plans and currently has a DCMA approved comprehensive small business subcontracting plan, which meets the requirements of FAR 52.219-9.

Will the Government add 252.219-7004 Small Business Subcontracting Plan (Test Program) OCT 2014 to Section I of the solicitation?

The Government will add 252.219-7004, Small Business

Subcontracting Plan (Test Program) in RFP Amendment 0001.

The clause will only be applicable to Contractors that are participants in the DOD Subcontracting Plan Test Program.

Section I: 252.209-7009 Organizational Conflict of Interest--Major Defense Acquisition Program (OCT 2015)

(b) This contract is for the performance of systems engineering and technical assistance for a major defense acquisition program or a pre-major defense acquisition program.

(c) Prohibition. Except as provided in paragraph (d) of this clause, as required by paragraph (b)(3) of section 207 of the Weapons System Acquisition

Reform Act of 2009 (Pub. L. 111-23), the Contractor or any affiliate of the Contractor is prohibited from participating as a prime contractor or major subcontractor in the development or production of a weapon system under the major defense acquisition program or pre-major defense acquisition program.

Section L: 252.209-7008 Notice of Prohibition Relating to Organizational Conflict of Interest--Major Defense Acquisition Program (DEC 2010)

(b) This solicitation is for the performance of systems engineering and technical assistance for a major defense acquisition program or a pre-major defense acquisition program.

(c) Prohibition. As required by paragraph (b)(3) of section 207 of the Weapons System Acquisition Reform Act of 2009 (Pub. L. 111-23), if awarded the contract, the contractor or any affiliate of the contractor is prohibited from participating as a prime contractor or a major subcontractor in the development or production of a weapon system under the major defense acquisition program or pre-major defense acquisition program, unless the offeror submits, and the Government approves, an Organizational Conflict of Interest Mitigation Plan.

DFARS clauses 252.209-7009 and 252.209-7008 characterize the FFG(X) Conceptual Design RFP as “systems engineering and technical assistance for a major defense acquisition program or a pre-major defense acquisition program”.

Based on the definition in DFARS 209.571-1, the Contractor believes this is an incorrect characterization. The solicitation requires contractors to develop a conceptual design for a FFG(X) ship which meets specified J-Attachment requirements and, as such, should be considered “design and development work of design and development contractors”. Therefore 252.209-7008 and 252.209-7009 do not apply and, as such, there is no organizational conflict of interest for design and development contractors which may require a mitigation plan. The contractor believes clauses should be removed from the solicitation.

Contractor requests:

1) Will the Government confirm this contract is for design and development, not systems engineering and technical assistance, and as such, the Government does not intend to prohibit the contractor from participating as a prime contractor in the development or Production of a FFG(X) ship or any weapons system which many be incorporated into the FFG(X) under any follow-on contract for detail design and construction or separate weapon system procurement (e.g. GFE)?

2) Will the Government remove DFARS clauses 252.209-7009 and 252.209-7008 from the solicitation?

1. The Government confirms that this contract is for design and development, and not systems engineering and technical assistance.

2. Please refer to response to Bidder's Questions #13.

252.242-7005 Contractor Business Systems FEB 2012

Solicitation N00024-18-R-2300 is exempt from CAS (48 CFR 9903.201-1 -- CAS Applicability) as it is a “(15) Firm-fixed-price contracts or subcontracts awarded on the basis of adequate price competition without submission of cost or pricing data.” As such, 252.242-7005 is not applicable.

Will the Government remove 252.242-7005 Contractor Business Systems FEB 2012 from this solicitation?

Yes, the Government will remove DFARS clause 252.242-7005, Contractor Business Systems in RFP Amendment 0001.

HQ C-2-0037 ORGANIZATIONAL CONFLICT OF INTEREST (NAVSEA) (JUL 2000)

Paragraph (d)(1) and (2) of the organizational conflict of interest (OCI) clause above (C-2-0037) prevents the Contractor from disclosing any information received or developed under this contract to parties outside the Government. This would prevent the Contractor from utilizing any information received or design developed under this contract in a subsequent competition/contract for FFG(X) ship detail design and construction, including sharing with prime partners and subcontractors as necessary.

1) Will the Government remove paragraph (d) from C-2-0037, which prevents disclosure of information received and generated under this contract in support of the future FFG(X) competitions?

Additionally, paragraph (e) of C-2-0037 prevents an awardee of the FFG(X) conceptual design contract from participating in the subsequent FFG(X) ship detail design and construction contract / competition. The scope of this solicitation is conceptual design and development of a FFG(X) ship based on

Government provided specifications. As such, there is no organizational conflict of interest for a FFG(X) design and development contractor, and there should not be a prohibition on the design and development contractor supplying the ship or any included systems. The contractor requests the USN remove paragraph (e) from the solicitation.

2) Will the Government remove paragraph (e) from Clause C-2-0037 to allow the conceptual design and development contractor to participate in the future

FFG(X) competition or any other future contracts derived from the FFG(X) conceptual design?

Please refer to response to Bidder's Questions #14.

Section I: 252.209-7009 Organizational Conflict of Interest--Major Defense Acquisition Program (OCT 2015)

(b) This contract is for the performance of systems engineering and technical assistance for a major defense acquisition program or a pre-major defense acquisition program.

(c) Prohibition. Except as provided in paragraph (d) of this clause, as required by paragraph (b)(3) of section 207 of the Weapons System Acquisition

Reform Act of 2009 (Pub. L. 111-23), the Contractor or any affiliate of the Contractor is prohibited from participating as a prime contractor or major subcontractor in the development or production of a weapon system under the major defense acquisition program or pre-major defense acquisition program.

Section L: 252.209-7008 Notice of Prohibition Relating to Organizational Conflict of Interest--Major Defense Acquisition Program (DEC 2010)

(b) This solicitation is for the performance of systems engineering and technical assistance for a major defense acquisition program or a pre-major defense acquisition program.

(c) Prohibition. As required by paragraph (b)(3) of section 207 of the Weapons System Acquisition Reform Act of 2009 (Pub. L. 111-23), if awarded the contract, the contractor or any affiliate of the contractor is prohibited from participating as a prime contractor or a major subcontractor in the development or production of a weapon system under the major defense acquisition program or pre-major defense acquisition program, unless the offeror submits, and the Government approves, an Organizational Conflict of Interest Mitigation Plan.

DFARS clauses 252.209-7009 and 252.209-7008 characterize the FFG(X) Conceptual Design RFP as “systems engineering and technical assistance for a major defense acquisition program or a pre-major defense acquisition program”.

Based on the definition in DFARS 209.571-1, the Contractor believes this is an incorrect characterization. The solicitation requires contractors to develop a conceptual design for a FFG(X) ship which meets specified J-Attachment requirements and, as such, should be considered “design and development work of design and development contractors”. Therefore 252.209-7008 and 252.209-7009 do not apply and, as such, there is no organizational conflict of interest for design and development contractors which may require a mitigation plan. The contractor believes clauses should be removed from the solicitation.

Contractor requests:

1) Will the Government confirm this contract is for design and development, not systems engineering and technical assistance, and as such, the Government does not intend to prohibit the contractor from participating as a prime contractor in the development or Production of a FFG(X) ship or any weapons system which many be incorporated into the FFG(X) under any follow-on contract for detail design and construction or separate weapon system procurement (e.g. GFE)?

2) Will the Government remove DFARS clauses 252.209-7009 and 252.209-7008 from the solicitation?

1. The Government confirms that this contract is for design and development, and not systems engineering and technical assistance.

2. Please refer to response to Bidder's Questions #13.

The Contractor attempted to locate the J-3 list of Security Classifications Guides (SCGs) but could not locate the below list of SCGs. Would the

Government please provide copies of the below list of SCGs?

NAVSEA_OPNAVINST_03-052.03 Propulsors (Confidential)

NAVSEA_OPNAVINST_03-053.01 Protection Technology Ship Passive

NAVSEA_OPNAVINST_03-137.01 Signatures of Surface Ship Wakes (Secret)

NAVSEA_OPNAVINST_03-176 Guided Missile Frigate FFG(X)

NAVSEA_OPNAVINST_05-160 Consolidated Afloat Network Enterprise Services (CANES)

NAVSEA_OPNAVINST_06-56.02 Mobile User Objective System (MUOS)

Secnavinst 5510.34A Disclosure of Classified Military Information and Controlled Information to Foreign Governments, International Organizations, and

Foreign Representatives

AEGIS Combat Systems Security Directive - Ser IWS 1.0/059

OPNAVINST 9070.1A, Survivability Policy and Standards for Surface Ships and Craft of the U.S. Navy

For any security questions / SCG items related to this solicitation, contact Mr. Aaron J. Stewart (SEA 00P3) at (202) 781-2071 or

NAVSEAHQ_INDUSEC@navy.mil, in accordance with the solicitation DD 254.

System Specification and Government Furnished Equipment data will potentially be updated throughout the Conceptual Design phase via a Bidder’s

Library (available upon request) for any offeror who may bid on DD&C.

Would the Government confirm that they will provide only two discrete updates to Attachment J-1: FFG(X) System Specification, dated 1 November 2017 and Attachment J-2: FFG(X) Government Furnished Information (GFI), dated 30 October 2017?

1) The first update to the System Specification and GFI upon initial FFG(X) Conceptual Design Contract Award

2) The second update to the System Specification and GFI on or around the first Design Review (approximately 240 days after contract award)

Please refer to response to Bidder's Questions #29.

ii. Teaming Arrangement. Identify whether the Offeror intends to team with subcontractors to perform any of the functions required by this solicitation.

If teaming is proposed, provide the evidence of commitment between the Offeror and the subcontractors and identify the role of each team member (i.e.

Shipbuilder, System Integrator, or Design Agent, as applicable).

1. What is sufficient evidence of the commitment?

2. If supporting documents are required, can they be included in an appendix excluded from the page count?

1. The Government will accept any form of evidence of commitment provided that it is in compliance with FAR 9.6.

2. Yes, supporting documents can be submitted within an appendix in their native format.

M.1.1 The Government intends to award multiple contracts as a result of this solicitation.

Will there be a Navy representative on each of the concept design teams awarded a contract?

Yes, there will be a Contracting Officer's Representative (COR) assigned to each awarded contract resulting from this solicitation.

C.1.5 ITEM 0003 - DESIGN DEVELOPMENT I (OPTION, IF EXERCISED)

In support of design reviews under C.1.2.5, the Contractor shall develop and submit design documentation (CDRLs C001-C008).

C.1.6 ITEM 0004 - DESIGN DEVELOPMENT II (OPTION, IF EXERCISED)

In support of design reviews under C.1.2.5, the Contractor shall develop and submit design documentation (CDRLs D001-D010).

Screenshots from FFG(X) CD N00024-18-R-2300 J-5 Contract Data Requirements Lists (CDRL)_29Sept17

Please confirm that the CDRLs in attachment J-5 should have CLIN 0003 in the A box for C001-C008 and CLIN 0004 in the A box for D001-D010.

All CDRLs' Block A, whether related to CLIN 0001, 0003, or 0004

Statement of Work, are associated with and delivered under DATA

CLIN 0002 (Not Separately Priced)(See C.1.4). If the Options are exercised, CLIN 0003 would fund CDRL C001-C008 efforts and

CLIN 0004 would fund CDRL D001-D010 efforts. The CDRLs will remain unchanged.

CLAUSES INCORPORATED BY REFERENCE

252.235-7011 Final Scientific or Technical Report JAN 2015

The full text of the above clause is as follows:

Final Scientific or Technical Report (JAN 2015)

The Contractor shall -

(a) Submit an electronic copy of the approved final scientific or technical report, not a summary, delivered under this contract to the Defense Technical

Information Center (DTIC) through the web-based input system at http://www.dtic.mil/dtic/submit/ as required by DoD Instruction 3200.12, DoD Scientific and Technical Information Program (STIP). Include a completed Standard Form (SF) 298, Report Documentation Page, in the document, or complete the web-based SF 298.

(b) For instructions on submitting multi-media reports, follow the instructions at http://www.dtic.mil/dtic/submit.

(c) Email classified reports (up to Secret) to TR@DTIC.SMIL.MIL. If a SIPRNET email capability is not available, follow the classified submission instructions at http://www.dtic.mil/dtic/submit/.

Given the competitive nature of the FFG(X) program through the Conceptual Design contract and subsequent DD&C competition, and the fact that the majority of the FFG(X) deliverables will contain data that is competitive, proprietary and/or associated with license restrictions, what products are required to be submitted to DTIC?

The Government will remove the clause in RFP Amendment 0001.

Provide the design approach plan, including a draft schedule for detail design. Provide a plan for Government Furnished Equipment (GFE) integration into the FFG(X) ship design.

In order to provide a plan for GFE integration into the FFG(X) design the Offeror needs to understand to what level the GFE will be tested prior to delivery to the shipyard. To what level will GFE be installed in a land based facility and tested prior to delivery to the shipyard?

The GFE will have all been tested before delivery to the shipyard in a land-based environment to the equivalent of Test Stage 3 meaning equipment operability will have been confirmed good

(stand-alone) before shipping. Some of the more complex GFE systems such as radars, will have been tested in a land-based environment through to the equivalent of Test Stage 4. This means before shipping, the equipment within the system will have been verified as operating correctly as a system across its elements. For radar as an example, this means intra-system testing will have been done to ensure signals are passed correctly between the radar arrays, the signal processors, and the controller displays. Testing of

GFE beyond the equivalent of Test Stage 4 (Intra-Systems Tests) will be done where feasible without a dedicated FFG-specific land-based test facility to assess critical Test Stage 5 (Inter-Systems

Tests). This is expected to include testing of the element systems of the Combat Management System together as a whole, the interfaces between Link/communication systems and the Combat

Management System, and potentially select emulators representing weapons/launchers. None of this testing can be assumed to be using the same network architecture specifics the shipbuilder will specify through the detail design effort.

L.1.5.2.3.2 Section 2.2 Other Information

L.1.5.2.3.2.1 All Offerors shall furnish the following for itself and for any subcontractor:

i. Substantiation of Government approval of the Offeror’s purchasing system and date of approval.

ii. Substantiation of Government determination of adequacy on the Offeror's disclosure statement and date (if required) pursuant to FAR 30.202.

iii. Address, telephone number (including area code), and point of contact of the cognizant ACO office for itself and subcontractors.

iv. Address, telephone number (including area code), and point of contact of the cognizant DCAA office

v. CAGE Code for itself and its subcontractors .

vi. Contractor Establishment Code (CEC) for itself and subcontractors.

Please confirm that the Government means DUNS number, rather than CEC?

The Government intends for offerors to provide the Data Universal

Numbering System (DUNS) number in lieu of the CEC. The

Government will update the language to reflect DUNS in RFP

Amendment 0001.

5252.202 9101 ADDITIONAL DEFINITIONS (FT) - ALTERNATE II (MAY 1993)

Does the Navy intend to fill in the below highlighted fields of 5252.202 9101 ADDITIONAL DEFINITIONS (FT) - ALTERNATE II (MAY 1993)? These appear to be Government items that the contractor does not determine.

(e) PROJECT MANAGER (SHAPM)(PMS)

(f) LEAD SHIPBUILDER, LEAD YARD OR LEAD SHIPYARD

(g) FOLLOW SHIPBUILDER, FOLLOW YARD OR FOLLOW SHIPYARD

(h) LEAD SHIP OR FIRST SHIP OF THE CLASS

(i) FOLLOW SHIP

RFP Amendment 0001 will update the language to the following:

(e) PROJECT MANAGER (SHAPM)(PMS) means the PMS 515

Program Manager, or his duly appointed successor or duly authorized representative, of the Naval Sea Systems Command of the Department of the Navy.

(f) LEAD SHIPBUILDER, LEAD YARD OR LEAD SHIPYARD mean (N/a) in its capacity as Contractor under Contract No. (N/a) for the construction of the (N/a).

(g) FOLLOW SHIPBUILDER, FOLLOW YARD OR FOLLOW

SHIPYARD mean a prime contractor performing a contract for the construction of follow ships of the (N/a) Class.

(h) LEAD SHIP OR FIRST SHIP OF THE CLASS mean the

(N/a)

(i) FOLLOW SHIP means any ship of the (N/a) Class other than the first ship.

Paragraph L.1.5.2.3.2 requests specific information concerning Subcontractors.

Given that Subcontractors may be added or changed during the course of contract execution, recommend that Section L.1.5.2.3.2 be modified to request subcontractor data only for “major subcontractors” or those expected to perform more than 10% of the contract amount.

The language under Section L Paragraph L.1.5.2.3.2 will remain as-

is. Each offeror is to list all information required under L.1.5.2.3.2 for the subcontractors that the offeror has elected to use to develop its proposal.