N0002419R2222.pdf

SEE ADDENDUM

(No Collect Calls)

N0002419R2222 12-Feb-2019

b. TELEPHONE NUMBER

202-321-7376

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 14 Mar 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N000249. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MAUREEN D. BARLOW

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N0002418NR53004

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2020

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-A3

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

336612

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF104

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0002419R2222

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

CLIN

Number

113 Each

Force Protection Medium

FFP

See Note A.

FOB: Destination

PURCHASE REQUEST NUMBER: N0002418NR53004

PSC CD: 1940

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

CLIN

6 Each

Force Protection Medium Training Variant

FFP

See Note A.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

CLIN

30 Each

Pre-Delivery Inspection & Trial (PDIT)

FFP

See Note A.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

CLIN

119 Each

Shipping- FISC, Cheatham Annex

FFP

See Note A.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

CLIN

Shipping- DDDC, San Diego, CA

FFP

See Note A.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

CLIN

238 Each

Mercury Engine & Spares

FFP

See Note A.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

CLIN

Yamaha Engine & Spares

FFP

See Note A.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

CLIN

Honda Engine & Spares

FFP

See Note A.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

CLIN

Cold Weather Package

FFP

See Note A.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

CLIN

Forward Looking Infrared (FLIR)

FFP

See Note A.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

CLIN

Digital Video Recorder (DVR)

FFP

See Note A.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

CLIN

1 Each

TDP-Non-Recurring Engineering

FFP

USN Variant

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

CLIN

1 Each

TDP-Non-Recurring Engineering (Training)

FFP

Training Variant

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

CLIN

UNDEFINED Each

Provisioned Items Orders

FFP

See Note B.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

CLIN

120 Each

Engineering & Industrial Services

FFP

See Notes A and C.

FOB: Destination

SECTION B NOTES

Note A: This is an Indefinite Delivery Indefinite Quantity (IDIQ) Contract. The Ordering Activity is: Naval Sea

Systems Command (HQ). 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.

Delivery orders will be issued against the CLINs and priced in accordance with the CLIN Pricing Chart (Attachment

8) using the Unit Price at the corresponding by Ordering Period in which the order is placed for CLINs 1001 through

1011. Ordering Periods are as follows:

Ordering Period 1: date of contract award to 365 days after contract award

Ordering Period 2: 366 days after contract award to 730 days after contract award

Ordering Period 3: 731 days after contract award to 1,095 days after contract award

Ordering Period 4: 1,096 days after contract award to 1,460 days after contract award

Ordering Period 5: 1,461 days after contract award to 1,825 days after contract award

Note B: Provisional amounts are subject to adjustment under the clause of this contract entitled “PROVISIONED

ITEMS ORDERS – 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 C: The “Max Qty” of “120 Each” represents the maximum number of orders for this CLIN. 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 boats. 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 the clause in

Section H of this Contract entitled "ENGINEERING & INDUSTRIAL SERVICES.” In the table below, enter the applicable fully loaded hourly labor rate ($/hour) and material handling rate (%) for each Ordering Period, which will apply to any work ordered under this item.

CLIN 1015 Engineering

& Industrial Services

By Ordering Period

Fully Loaded

Engineering Rate

(per Hour)

Fully Loaded

Production Rate (per

Hour)

Material

Handling Rate

Ordering Period 1 $(Offeror fill- in) $(Offeror fill- in) %(Offeror fill- in)

Ordering Period 2 $(Offeror fill- in) $(Offeror fill- in) %(Offeror fill- in)

Ordering Period 3 $(Offeror fill- in) $(Offeror fill- in) %(Offeror fill- in)

Ordering Period 4 $(Offeror fill- in) $(Offeror fill- in) %(Offeror fill- in)

Ordering Period 5 $(Offeror fill- in) $(Offeror fill- in) %(Offeror fill- in)

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.

SECTION C

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 order 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 (Attachment 3), and 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 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 (Attachment 3), and 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 pricing for

CLIN 1002 with the exception of efforts covered by CLINs 1003-1013.

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

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, CA

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) Section 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) Section 236-1, and the Spare Parts List (Attachment 3). The

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) Section 236-1, and the Spare Parts List (Attachment 3). The

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

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 ORDERS – ALTERNATE II” requirements in the contract.

C-2.15. CLIN 1015 – ENGINEERING & INDUSTRIAL SERVICES

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), changes to the configuration baseline, Government requirements identified during pre-delivery inspection, 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)(DEC 2018).

C-3.042-3 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 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). 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 over their lifecycle, to include providing that information to third parties. All TDP deliverables shall be marked with appropriate data rights legends per DFARS 252.227-7013 as applicable.

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

(c) 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 of 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.

LIST OF SECTION C NAVSEA COMPONENT TEXT:

1. HQ C-2-0004 ACCESS TO THE VESSEL(S) (NAVSEA) (SEP 2016)

2. HQ C-2-0004 ACCESS TO THE VESSELS BY NON-U.S. CITIZENS (NAVSEA) (MODIFIED) (FEB

2018)

3. HQ-C-2-0012 CONFIGURATION MANAGEMENT (NAVSEA) (APR 2015) (MODIFIED) (DEC 2018)

4. E-246-H011 TESTS AND TRIALS--ALTERNATE I (NAVSEA) (APR 2018)

5. HQ C-217-H003 PROVISIONED ITEMS ORDERS--ALTERNATE II (NAVSEA) (APR 2018)

6. HQ C-222-H001 DEPARTMENT OF LABOR SAFETY AND HEALTH STANDARDS FOR

SHIPBUILDING (NAVSEA) (APR 2018)

7. HQ C-2-0013 CONTRACTOR PROBLEM IDENTIFICATION REPORTS (NAVSEA) (MAY 1993)

8. HQ C-2-0038 PERMITS AND RESPONSIBILITIES (NAVSEA) (SEP 1990)

9. HQ C-2-0040 PLANT PROTECTION (NAVSEA) (SEP 2016) (MODIFIED) (DEC 2018)

10. HQ C-2-0043 PROTECTION OF THE SHIP DURING ADVERSE ENVIRONMENTAL CONDITIONS

(NAVSEA) (MAY 2018)

11. HQ C-2-0044 PROTECTION OF THE VESSEL (NAVSEA) (SEP 1990)

12. HQ C-2-0059 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)

13. HQ C-2-0063 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES

(NAVSEA) (APR 2004)

14. HQ C-2-0066 CONTRACTOR SAFETY AND HEALTH REQUIREMENTS FOR ACCESS TO

NAVSEA/PEO SITE (NAVSEA) (MAY 2012)

HQ C-2-0004 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.

(End of Text)

HQ C-2-0005 ACCESS TO THE VESSELS BY NON-U.S. CITIZENS (NAVSEA) (FEB 2018)

(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

5510.2 C Change 2 dated 28 Feb 2017.

(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, COMNAVSEA approval must be obtained for each contract or agreement where such access is required prior to access by any such non-U.S.

citizen. 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 and identifies the person as a non-U.S. citizen.

(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. 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 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. Neither approval of the ACP nor approval of access by non-U.S. citizens from friendly countries will be delayed awaiting approval of non-U.S.

citizens from hostile communist-controlled countries. Until approval is received, Contractor must deny access to vessels for employees who are non-U.S. citizens.

(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 specific approval for such non-U.S. citizen, 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 for 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 total 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 text)

HQ C-2-0012 CONFIGURATION MANAGEMENT (NAVSEA)(APR 2015) (MODIFIED) (DEC 2018)

(a) Baseline Definition - For configuration control purposes, all contractual documentation in effect at the time of contract award shall constitute the Contract Baseline which shall be considered incorporated in the baseline documentation.

(b) General Requirement –

(1) Per the Force Protection Medium Specification (Attachment 1) unless otherwise specified in the applicable delivery order, all subsequent boats on this contract shall be identical in configuration to the initial hull of each Force Protection Medium configuration. Where feasible, the Contractor shall avoid the use of custom parts and use standard industry interfaces with components to allow for low cost upgrade or transition from obsolete commercial products. Overall boat design, positioning of equipment and system integration shall not change throughout the life-cycle of the contract unless mutually agreed upon by the Government.

(2) Whenever a situation arises wherein the Contractor cannot comply with a baseline document, or whenever intent of such documentation is significantly changed by detail level documentation, the Contractor shall notify the Contracting Officer and submit change documents to modify baseline documents to resolve the conflict or to allow non-compliance. Change documentation shall be submitted to the Contracting Officer as described in paragraphs (c) through (e) below.

(c) Engineering Change Proposal (ECP) - ECPs shall be prepared when the Government directs a change in accordance with form DD1693 format and the requirements of the contract. An ECP should be submitted whenever the detail level physical configuration, material quality, operational or functional performance of equipment or installed systems will not be in compliance with baseline design-related documents (Specifications, Contract

Drawings, etc.), and a change to the baseline document is considered an appropriate means of resolving a design-related issue.

(d) Request for Variance (RFV) - The Contractor shall submit a RFV for any configuration change the Contractor discovers over the life of the contract. Upon discovery, the Contractor shall notify the Government of any issues with obsolete components. The Contractor is encouraged to notify the Government as soon as possible of an obsolete component impacting system performance or production schedule. Routine one-for-one component replacements can be addressed by submission of a RFV, form DD1694. Where more complex design changes are required, the Contractor shall submit an ECP.

(e) Documentation shall be developed in sufficient detail to enable US Government review and evaluation of the merits of the proposed change, including cost and scheduling impact, ship class impact, and consequences if disapproved.

(f) Equitable Adjustments for Change Documentation Preparations - For its effort expended in preparing ECPs and

RFVs the Contractor shall receive equitable adjustment under the following circumstances:

(1) In the event the Contractor, on its own initiative, and without written request from the Contracting

Officer, develops a change document that is later disapproved by the Government, the Contractor shall bear the cost of this effort.

(2) To avoid such loss, and at its option, the Contractor may submit a "preliminary" document that outlines intent, but without detailed supporting documentation and request the Contracting Officer's approval for expenditure of effort to complete the detailed supporting documentation. In the event the Contracting Officer denies this request, the Contractor will bear the cost of development of the "preliminary" document, and shall make no further effort to complete detailed supporting documentation.

(3) In the event the Contracting Officer approves the Contractor's request to develop supporting documentation, the Contractor shall be equitably compensated for its effort for both the "preliminary" and "final" documentation, regardless of whether or not the change document is later approved.

(4) In the event the Contracting Officer requests in writing that the Contractor develop change documentation, the effort expended by the Contractor in developing such documentation shall be subject to equitable adjustment, regardless of whether or not the change document is later approved.

(5) In the event the Contractor, on its own initiative, and without written request from the Government, develops a change document that is later approved by the Contracting Officer, the cost of developing such documentation shall be incorporated in the contract modification that implements the change.

(6) Failure to agree to such equitable adjustment in contract price shall constitute a dispute, and shall be adjudicated in accordance with the requirements of the clause entitled "DISPUTES" (FAR 52.233-1).

E-246-H008

E-246-H008 TESTS AND TRIALS--ALTERNATE I (NAVSEA) (APR 2018)

During the conduct of required tests and trials, the vessel shall be under the control of the Contractor and the Contractor's crew with representatives of the Contractor and the Government on board to determine whether or not the work done by the Contractor has been satisfactorily performed. The Contractor shall provide and install all fittings and appliances which may be necessary for dock and sea trials to enable the representatives of the Government to determine whether the requirements of the contract have been met, and the Contractor shall install and remove instruments and apparatus furnished by the Government for such trials, as required by the specifications.

C-217-H003

C-217-H003 PROVISIONED ITEMS ORDERS--ALTERNATE II (NAVSEA) (APR 2018)

(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…