19R2222_Draft_CLINs_and_SOW_Posted.docx

PRESOLICITATION N0002419R2222

CLIN Number 1001

Force Protection Medium

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: N0002418NR53004

PSC CD: 1940

MAX

NET AMT

CLIN Number 1002

Force Protection Medium (Training)

FOB: Destination

MAX

CLIN Number 1003

Pre-Delivery Inspection & Trial (PDIT)

FOB: Destination

MAX

CLIN Number 1004

Shipping- FISC, Cheatham Annex

FOB: Destination

MAX

CLIN Number 1005

Shipping- DDDC, San Diego, CA

FOB: Destination

MAX

CLIN Number 1006

Mercury Engine & Spares

FOB: Destination

MAX

CLIN Number 1007

Yamaha Engine & Spares

FOB: Destination

MAX

CLIN Number 1008

Honda Engine & Spares

FOB: Destination

MAX

CLIN Number 1009

Cold Weather Package

FOB: Destination

MAX

CLIN Number 1010

FLIR

FOB: Destination

MAX

CLIN Number 1011

TDP - NRE (USN Variant)

FOB: Destination

MAX

CLIN Number 1012

TDP - NRE (Training Variant)

FOB: Destination

MAX

CLIN Number 1013

Special Studies and Documentation

FOB: Destination

MAX

CLIN Number 1014

Provisioned Items Orders Spares See Note A

FFP

FOB: Destination

MAX

CLIN Number 1015

Engineering & Industrial Services See Note B

FFP

FOB: Destination

MAX

SECTION B NOTES

Note A: Provisional amounts are subject to adjustment under the clause of this contract 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 B: The Contractor shall provide approximately 35 man-hours of engineering and 300 man-hours of production support labor per year per boat and $1,500 of material per year per boat to perform Engineering & Industrial Servies in support of FP Medium. 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 the clause in Section H of this Contract entitled "ENGINEERING & INDUSTRIAL SERVICES.” 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.

CLIN 1004 Engineering & Industrial Services Government Fiscal Year Fully Loaded Engineering Rate (per Hour)

Note C: This is an Indefinite Delivery Indefinite Quantity (IDIQ) Contract. The Contract minimum guarantee is thirteen (13) Force Protection Medium Boats. The Government intends to satisfy the minimum guarantee by issuing a Delivery Order concurrent with award of the IDIQ Contract for thirteen (13) Force Protection Medium Boats. The Government is not obligated to order any quantity beyond the guaranteed minimum order. The Contract maximum ceiling value will be completed at time of award and will be based on a calculation of a sum of the maximum amount for each CLIN stated in section B. The maximum amount for each CLIN in section B will be calculated using the most expensive unit price for each CLIN from attachment 8 multiplied by the estimated maximum quantity for each CLIN stated in section B.

Note D: Delivery orders will be issued against the CLINs and priced in accordance with the CLIN Pricing Sheet (Attachment 8) by Ordering Period. Ordering periods are as follows:

Ordering Period 1: date of contract award to 365 days after contract award Ordering Period 2: 365 days after contract award to 730 days after contract award Ordering Period 3: 730 days after contract award to 1,095 days after contract award Ordering Period 4: 1,095 days after contract award to 1,460 days after contract award Ordering Period 5: 1,460 days after contract award to 1,825 days after contract award

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PART 1 – GENERAL STATEMENT OF WORK

PART 2 – CONTRACT LINE ITEM NUMBER DESCRIPTIONS

PART 3 – STATEMENT OF WORK, DESIGN, PRODUCTION AND DOCUMENTATION

C-1. PART 1 – GENERAL STATEMENT OF WORK

This Statement of Work (SOW) defines the effort required for the design, construction, testing, configuration control, documentation, and program management for the acquisition of Force Protection Medium boats. The Contractor shall be responsible for the management of all activities (design, engineering, logistics, testing, production, etc.) under this contract for successful execution.

Commander, Navy Installations Command (CNIC) has overall shore installation management responsibility in support of naval operations. OPNAV INSTRUCTION 5530.14E, Navy Physical Security and Law Enforcement Program, requires a continuing operational capability that provides Naval forces with force protection boats providing security for US Navy Ships and personnel from waterborne threats in and outside of Navy ports around the world.

The operational requirements for the boat are to provide Anti-Terrorism/Force Protection patrols for US Navy Installations, which include patrol, interrogation of other waterborne assets and escorting large vessels in and out of port in various weather and water conditions, throughout the year, day and night. CNIC boats are centrally procured via the US Navy Boat and Craft Program Office, PEO SHIPS (PMS 325G).

This is a 5-year Indefinite Delivery / Indefinite Quantity (IDIQ) contract, consisting of one (1) one-year base and four (4) ordering periods. The contract minimum guarantee is thirteen (13) boats. Award of this contract does not guarantee all of these efforts will be conducted. Additional orders will be issued based on the future needs and budget of the Government. The Contractor will only conduct efforts upon award of specific delivery order invoking the appropriate Section B Contract Line Item Number(s) (CLIN), in accordance with the detailed description provided in Sections C-2 and C-3 below and all other terms of this contract herein.

C-2. PART 2 – CONTRACT LINE ITEM NUMBER DESCRIPTIONS

C-2.1. CLIN 1001 – FORCE PROTECTION MEDIUM

The Contractor shall construct and deliver the Force Protection Medium boats in accordance with Section C-3 below and the Force Protection Medium Specification (Attachment 1). All boat-specific efforts, including generator, boat spares, and a copy of the technical data package contents shall be included in the pricing for CLIN 1001 with the exception of efforts covered by CLINs 1003-1013.

C-2.2. CLIN 1002 – FORCE PROTECTION MEDIUM (TRAINING VARIANT)

The Contractor shall construct and deliver training variants of the Force Protection Medium boat in accordance with Section C-3 below and the Force Protection Medium Specification (Attachment 1). All boat-specific efforts, including generator, boat spares, and a copy of the technical data package contents shall be included in the pricing for CLIN 1002 with the exception of efforts covered by the following CLINs.

C-2.3. CLIN 1003 – PRE-DELIVERY INSPECTIONS AND TRIALS

The Contractor shall perform boat Pre-Delivery Inspections and Trials (PDIT) for the first boat in the base year and each year as ordered, in accordance with Section C-3.094-1 below and the Force Protection Medium Specification (Attachment 1) Section 094-2.

C-2.4. CLIN 1004 – SHIPPING – FISC, CHEATHAM ANNEX

The Contractor shall deliver Force Protection Medium boats to the location specified in Section F (Deliveries or Performance) and in accordance with Section C-3.080-2 & C-3.080-3 below.

C-2.5. CLIN 1005 – SHIPPING – DDDC, SAN DIEGO

The Contractor shall deliver Force Protection Medium boats to the location specified in Section F (Deliveries or Performance) and in accordance with Section C-3.080-2 & C-3.080-3 below.

C.2.6. CLIN 1006 – MERCURY ENGINES & SPARES

The Contractor shall provide two Mercury engines and spares in accordance with Section C-3.080-1, the Force Protection Medium Specification (Attachment 1) Sections 083-1 and 236-1, and the Spare Parts List (Attachment 3). The spares shall be delivered with each Force Protection Medium boat.

C-2.7. CLIN 1007 – YAMAHA ENGINES & SPARES

The Contractor shall provide two Yamaha engines and spares in accordance with Section C-3.080-1, the Force Protection Medium Specification (Attachment 1) Sections 083-1 and 236-1, and the Spare Parts List (Attachment 3). The spares shall be delivered with each Force Protection Medium boat.

C-2.8. CLIN 1008 – HONDA ENGINES & SPARES

The Contractor shall provide two Honda engine and spares in accordance with Section C-3.080-1, the Force Protection Medium Specification (Attachment 1) Sections 083-1 and 236-1, and the Spare Parts List (Attachment 3). The spares shall be delivered with each Force Protection Medium boat.

C-2.9. CLIN 1009 – COLD WEATHER PACKAGE

The Contractor shall incorporate a cold weather package on the Force Protection Medium boats, as ordered. The cold weather package requirements are found in the Force Protection Medium Specification (Attachment 1) Section 511-2.

C-2.10. CLIN 1010 – FORWARD LOOKING INFARED (FLIR)

The Contractor shall price the FLIR for the Force Protection Medium Boat separately. The contractor shall incorporate a FLIR on the Force Protection Medium, as ordered. The FLIR requirements are found in the Force Protection Medium Specification (Attachment 1) Section 443-4.

C-2.11. CLIN 1011 – DIGITAL VIDEO RECORDER (DVR)

The Contractor shall incorporate a DVR system on the Force Protection Medium boats, as ordered. The DVR system requirements are found in the Force Protection Medium Specification (Attachment 1) Section 443-5.

C-2.13. CLIN 1012 – TECHNICAL DATA PACKAGE NON-RECURRING ENGINEERING

The Contractor shall develop and provide the Technical Data Package (TDP) in accordance with Section 085 of the Force Protection Medium Specification (Attachment 1) and all development shall be priced under the TDP Non-Recurring Engineering CLIN. A copy of the TDP contents shall be priced under the Boat CLIN 1001 and shall be provided with each Force Protection Medium boat.

C-2.14. CLIN 1013 – TECHNICAL DATA PACKAGE NON-RECURRING ENGINEERING

(TRAINING VARIANT)

The Contractor shall develop and provide the Technical Data Package (TDP) in accordance with Section 085 of the Force Protection Medium Specification (Attachment 1) and all development shall be priced under the TDP Non-Recurring Engineering CLIN. A copy of the TDP contents shall be priced under the Boat CLIN 1002 and shall be provided with each Force Protection Medium (Training Variant) boat.

C-2.14. CLIN 1014 – PROVISIONED ITEMS ORDERS SPARES

The Contractor shall provide spare and repair parts, special tools, test equipment, materials and related support, in accordance with the requirements herein. Orders for this effort will be authorized by the Contracting Officer in accordance with the clause entitled “PROVISIONED ITEM ORDER – ALTERNATE II” requirements in the contract.

C-2.15. CLIN 1015 – ENGINEERING & INDUSTRIAL SERVICES

In accordance with the clause entitled "ENGINEERING & INDUSTRIAL SERVICES" under Section H of this contract, the Contractor shall provide approximately 35 man-hours of engineering and 300 man-hours of production support labor per year per boat and $1,500 of material per year per boat to perform Engineering & Industrial Services in support of FP Medium. These services are defined as any work authorized by the Contracting Officer that is required to support the FP Medium program in any of the following areas: Design Engineering & Production Services, Testing Phase Support and GFE Integration & Support. Requirements under this CLIN might include, but are not limited to, the correction of problems with Government Furnished Materials (GFM), Government requirements identified by Acceptance Trial cards, issue resolution support during Government testing, and the development of various engineering products. Examples of work that might be accomplished under this CLIN include equipment installation, rigging support, component replacement, minor design upgrades and subject matter expert technical assistance. The requirements associated with this CLIN are over and above those specified in other contract CLINs. Orders for this effort will be placed in accordance with the general requirements in Section H of this Contract entitled “ENGINEERING & INDUSTRIAL SERVICES”. The Contractor shall complete the table for fully loaded engineering and production rates under Section B.

C-3. PART 3 – STATEMENT OF WORK, DESIGN, PRODUCTION AND DOCUMENTATION

C-3 PROGRAM MANAGEMENT

Roles and Responsibilities

(a) The Contractor shall establish a project management structure that ensures overall quality of the boat components, consistent with their chosen engineering and manufacturing approach.

(b) A designated Project Manager (PM) shall be identified to serve as the principal representative of the Contractor throughout the duration of contract performance. The PM shall be responsible for the performance of the contract and on-time delivery of technically compliant boats and associated equipment. At all times, the PM shall have the responsibility for ensuring program integrity and overall contract performance. The contractor shall ensure that administration, logistics, financial and other task requirements pertinent to contract performance are addressed.

(c) The PM’s primary interface for contract performance and execution shall be with the Program Office, Support Ships, Boats and Craft (PMS 325) on all activities related to successful performance of the contract. An Assistant Program Manager (APM) will be the Government representative to the Contractor for day-to-day operations.

(d) The Government’s Contracting Officer (KO) from NAVSEA 02 is the contract owner and the only person authorized to make changes to this contract on behalf of the Government and should be contacted with any requests for change or deviation in the contract.

(e) The Government Technical Point of Contact (TPOC) is the Naval Surface Warfare Center, Carderock Division (NSWCCD), Combatant Craft Division (CCD), and should be contacted for questions related to technical implementation of boat design requirements.

C-3.042-1 CONFERENCES AND REVIEWS

The Contractor shall conduct a Post Award Conference (PAC) and Progress Reviews. The Contractor shall prepare meeting minutes.

(a) Post Award Conference: The Contractor shall conduct a PAC with the Government within thirty (30) days after contract award and subsequent delivery order awards, as needed. The conference will be held at the Contractor’s facility or by phone at the Government’s discretion. The purpose of the conference is to (1) review the contract and technical documents, (2) review the technical and schedule requirements, and (3) discuss the roles and working relationships between the Contractor and the Government.

(b) Progress Reviews: Progress Reviews shall be held at the Contractor’s discretion or by Government request, as needed to support the production schedule. Reviews will be held at the Contractor’s facility or by phone and shall not interfere with continued progress or production of boats. Reviews shall not be used as approval to proceed in design or production, unless otherwise specified, and should be used only for informing the Government of process on production, builder questions, and impending risk to program.

C-3.042-2 CONFIGURATION MANAGEMENT

See Section C Clause HQ-C-2-0012 Configuration Management (NAVSEA)(APR 2015)(MODIFIED)

C-3.042-4 WARRANTY

The Contractor will correct defects for the boat, trailer, and all installed equipment, for minimum of one year, starting from the date the boat enters service with the Navy's end-user in accordance with the commercial warranty provided in Attachment 10, Commercial Warranty Terms. Notification of official in-service date will be provided to the builder by the U.S. Navy Boat Inventory Manager. Note to Builders: Boats procured for the Navy may sit in stock (outdoors in uncovered storage) for up to twelve (12) months prior to issue to the Navy end-user.

C-3.080-1 SPARES

Initial and Follow-on Spares

(a) The Contractor shall provide initial spares for each boat as outlined in the Spare Parts List (Attachment 3). The spares provided for each boat shall match the propulsion configuration/OEM installed on the boat. Spares shall be managed as part of the configuration management process and the Contractor shall inform the Government of any necessary part number updates that will be required throughout the execution of this contract.

(b) Delivery. Unless otherwise specified, all spares shall be packaged and shipped securely with each Force Protection Medium. Packaging shall allow for spare components to not be damaged during shipping. Each package of spares shall be labeled with a Master Packing List (MPL), listing the contents of each package and cross-referenced to the Spare Parts List (Attachment 3).

(c) Update: The Contractor shall recommend updates to the contract spares list throughout the life-cycle of this contract. It is anticipated that parts will become obsolete or newer parts will become available that should be provided as part of spares offered.

C-3.080-2 PACKAGING

Packaging/Shrink wrap shall be used to protect the boat during delivery. Boat systems shall be protected from freezing temperatures. Batteries shall be disconnected with terminals taped. Packaging/shrink wrap materials shall be installed in a manner that enables removal and reinstallation to the maximum extent practicable to enable inspection at the delivery location without damage to the packaging materials.

C-3.080-3 DELIVERY

The Contractor shall deliver the Force Protection Medium to east (CAX) or west coast (DDDC) stock point locations, or locations, as defined in Section F of the basic contract. The Government will identify a delivery location for each Force Protection Medium and order delivery options as part of each delivery order. This will allow the Contractor to plan for production and shipping based upon the agreed final destination. If direct delivery to end user location is ordered, the boat shall be delivered fully assembled and operational.

C-3.080-4 UNIQUE ITEM IDENTIFICATION

The Contractor shall provide Unique Item Identification (UID) and Documentation for every boat in accordance with DFARS Clause 252.211-7003 and the requirements provided in the UID (Attachment 4).

C.3.085-1 TECHNICAL DATA PACKAGE

The Contractor shall provide a copy of the Technical Data Package (TDP) with each Force Protection Medium boat in accordance with Section 085 of the Force Protection Medium Specification (Attachment 1). The costs (e.g. print, arrange, bind, etc.) to provide a copy of the TDP, including updating boat applicability and individual boat certifications, shall be included in the unit prices under the Force Protection Medium CLINs 1001 and 1002.

C-3.085-2 DATA RIGHTS

(a) It is the Government's desire that all non-commercial technical data (TD) included in the Force Protection Medium Technical Data Package (baseline or as modified by any ECPs) be delivered with a minimum of Government Purpose Rights (as defined in DFARS 252.227-7013 and 252.227-7014). If the Offeror proposes to deliver commercial TD, it is the Government’s desire to obtain a license to the commercial TD that would grant the Government the equivalent of Government Purpose Rights as a minimum. The Government’s overall goal is to have the ability to maintain and repair the vessel and its systems, to include providing that information to third parties. All TDP deliverables shall be marked with appropriate data rights legends per DFARS 252.227-7013 and 252.227-7014 as applicable.

(b) The Contractor’s Data Rights assertions will be incorporated in the contract as Attachment 6.

(c) End Use License Agreement Indemnification:

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

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

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

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

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

C-3.094-1 PRE-DELIVERY INSPECTIONS AND TRIALS

(a) The Contractor shall schedule and host Government personnel to inspect and conduct sea trials on selected boats. These trials shall be conducted in accordance with the Force Protection Medium Specification (Attachment 1) Section 094-2.

(b) The Contractor shall provide forty-five (45) days’ notice of date of PDIT, and it is recommended the Contractor schedule PDIT no later than three (3) weeks prior to the contracted delivery date to allow sufficient time for required evolutions (i.e. PDIT discrepancies corrections, shipping, and receipt at destination). Scheduling in this manner will ensure contracted delivery dates are met.

(c) If upon arrival, the Government and the Builder are unable to satisfactorily perform the PDIT as outlined in the Force Protection Medium Specification (Attachment 1) Section 094-2, the Builder may be held financially responsible for cost reimbursement of Government and/or Government representative's travel and labor associated with PDITs. The Contractor shall notify the Government of any PDIT delays no later than five (5) days before planned arrival. Written notice of PDIT delay shall be accompanied by a request for extension to the Contracting Officer and Program Office Point of Contact. If as a result a delayed PDIT or other delays resulting from this action the builder cannot meet the contractual delivery date, consideration for late delivery in accordance with FAR clause 52.246-2(e)(1) shall be required. FAR Clause 52.246-2(e)(1) will be exercised at Government’s discretion for potential Contractor liabilities if PDIT cannot be satisfactorily performed after arrival of the Government PDIT team on-site. A typical PDIT takes place over 3-½ days.