N00024-19-R-5111_AMENDED_01MAY2019.pdf

N0002419R5111

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

CLIN

Number

1 Each

FAU MK82

FFP

First Article Unit

Guided Missile Director MK82 Mod 0

See Notes C, and F

NOTE: The requirements in DFARS 252.211-7003, Item Identification and

Valuation, are applicable for this line item. The contractor shall provide DoD unique identification, or a DoD recognized unique identification equivalent.

FOB: Origin (Shipping Point)

PURCHASE REQUEST NUMBER: N0002418NR41000

PSC CD: 1210

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

CLIN

1 Each

FAU MK200

FFP

First Article Unit

Guided Missile Director Control MK200 Mod 0

UNIT UNIT PRICE MAX AMOUNT

CLIN

3 Each

Production Readiness Review (PRR)

FFP

Qualification

UNIT UNIT PRICE MAX AMOUNT

CLIN

38 Each

Guided Missile Director MK82

FFP

Production of Guided Missile

Director MK82 Mod 0 for USN & FMS

See Notes C, D, E, and F

UNIT UNIT PRICE MAX AMOUNT

CLIN

34 Each

Guided Missile Director Control MK200

FFP

Production of Guided Missile

Director Control MK200 Mod 0 for USN & FMS

UNIT UNIT PRICE MAX AMOUNT

CLIN

8 Kit

Interim Repair Parts USN

FFP

UNIT UNIT PRICE MAX AMOUNT

CLIN

7 Kit

Maintenance Assist Modules FMS

UNIT UNIT PRICE MAX AMOUNT

CLIN

14 Kit

AEGIS Disable Switch and Control Unit

FFP

AEGIS Antenna Disable Switch and TV Control Unit Kits for USN & FMS unique identification, or a DoD recognized unique identification equivalent

UNIT UNIT PRICE MAX AMOUNT

CLIN

38 Each

Shipping Stands

FFP

Shipping Stands for USN & FMS

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Technical Data Requirements for CLIN(s) 1001 thru 1006, 1008, and 2001 thru 5006

CDRL(s) A001 thru A033

Exhibit A

See Note A

NSP = Not Separately Priced

The price/costs for all technical data generated by the contractor directly or indirectly in its performance of this procurement effort is included in the price/costs paid by the

Government under CLIN 1001 thru 1006, 1008, and 2001 thru 5006.

UNIT UNIT PRICE MAX AMOUNT

CLIN

UNDEFINED

Provisioned Item Orders

FFP

The combined value of all orders placed under this CLIN is estimated at $10M.

See Note G

FOB: Destination

Provisioning Technical Documentation

(PTD) for CLIN(s) 1001 thru 1006, 1008, and 2001 thru 5006

See Note A

Exhibit B

NSP = Not Separately Priced

The price/costs for all technical data generated by the contractor directly or indirectly in its performance of this procurement effort is included in the price/costs paid by the

Government under CLINs 1001 thru 1006, 1008, and 2001 thru 5006.

1 Lot

Production Special Tooling/Test Equip

FFP

Production Special Tooling and Test Equipment (PST/PSTE)

See Note H

FOB: Origin (Shipping Point)

UNIT UNIT PRICE MAX AMOUNT

CLIN

25 Each

OPTION Guided Missile Director MK82

FFP

Production of Guided Missile

See Notes B, C, D, and E

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION Guided Missile Director Control MK200

FFP

UNIT UNIT PRICE MAX AMOUNT

CLIN

10 Kit

OPTION Interim Repair Parts USN

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION Maintenance Assist Modules FMS

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION AEGIS Disable Switch and Control Unit

FFP

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION Shipping Stands

FFP

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

Production of Guided Missile

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

UNIT UNIT PRICE MAX AMOUNT

CLIN

UNIT UNIT PRICE MAX AMOUNT

CLIN

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

Production of Guided Missile

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

UNIT UNIT PRICE MAX AMOUNT

CLIN

UNIT UNIT PRICE MAX AMOUNT

CLIN

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

Production of Guided Missile

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

UNIT UNIT PRICE MAX AMOUNT

CLIN

UNIT UNIT PRICE MAX AMOUNT

CLIN

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS (CONTINUED)

GENERAL NOTES:

NOTE A - Offeror shall complete the "Price Group" and "Estimated Total Price" blocks 17 and 18 respectively of each data item on the Contract Data Requirements List(s), attached hereto in JS-4 .

NOTE B - Option item to which the option clause in Section I applies and which is to be supplied only if, and to the extent, said option is exercised.

NOTE C - Under this IDIQ type contract (see FAR Clause 52.216-22), equipment shall be ordered (see FAR Clause

52.216-18) by the issuance of Delivery Orders (DD Form 1155). The agency authorized to place delivery orders against this contract is the Naval Sea Systems Command, Washington, D.C. 20376.

NOTE D - Any orders issued with FMS and USN shipsets will be specified by SLIN under their respective CLIN.

NOTE E – Stepladder pricing for the Indefinite Delivery Indefinite Quantity (IDIQ) CLINs, 1001, 1002, 1003, 1004, 1005, 1006, 2001, 2002, 2003, 2004, 2005, 2006, 3001, 3002, 3003, 3004, 3005, 3006, 4001, 4002, 4003, 4004, 4005, 4006, 5001, 5002, 5003, 5004, 5005, 5006 are in the table below. Funding provided in each delivery order shall be based on the stepladder pricing established in the table below. Every sixty (60) days beginning upon contract award, the Government shall review all orders placed within that timeframe to determine the final unit price. The Government will retain the unilateral right to amend issued delivery orders at the final unit price for the adjusted quantity and/or issue a new delivery order for the price delta associated with the adjusted quantity in accordance with this Note (Note E). The final unit price will be based on the total number of units for each respective item, ordered within that 60-day timeframe in accordance with this Note.

The following hypothetical example illustrates how pricing will be adjusted if the quantity is unilaterally adjusted more than once within a 60-day period.

Stepladder Qty Unit Price

100-200 $150

201-300 $120

301-400 $100

Upon first award of delivery order, $22,500 is obligated to subline item (SLIN) 0000AA to provide funds to acquire a quantity of 150 units at a unit cost of $150.

150*$150 = $22,500

Upon second award of delivery order, $12,500 is obligated to SLIN 0000AB to provide funds to acquire an additional 200 units for a total quantity of 350 units at a unit cost of $100.

350*$100 = $35,000

CONTRACT PRICE MATRIX

MK82 MOD 0 DIRECTOR PRODUCTION UNITS (USN & FMS)

Units (Each) CLIN 1001

(Base Year)

CLIN 2001

(Option Year 1)

CLIN 3001

(Option Year 2)

CLIN 4001

(Option Year 3)

CLIN 5001

(Option Year 4)

1-3

4-6

7-9

10-15

16-20

21+

MK200 MOD 0 DIRECTOR CONTROL PRODUCTION UNITS (USN & FMS)

Units (Each) CLIN 1002

(Base Year)

CLIN 2002

(Option Year 1)

CLIN 3002

(Option Year 2)

CLIN 4002

(Option Year 3)

CLIN 5002

(Option Year 4)

1-3

4-6

7-9

10-15

INTERIM REPAIR PART PRODUCTION (USN)

Units (Kit) CLIN 1003

(Base Year)

CLIN 2003

(Option Year 1)

CLIN 3003

(Option Year 2)

CLIN 4003

(Option Year 3)

CLIN 5003

(Option Year 4)

1-3

4-6

7-9

10-15

16+

MAINTENANCE ASSIST MODULE PRODUCTION (FMS)

Units

(Kit)

CLIN 1004

(Base Year)

CLIN 2004

(Option Year 1)

CLIN 3004

(Option Year 2)

CLIN 4004

(Option Year 3)

CLIN 5004

(Option Year 4)

1-3

4-6

7-9

AEGIS ANTENNA DISABLE SWITCH & TV CONTROL UNIT KITS (USN & FMS)

Units

(Kit)

CLIN 1005

(Base Year)

CLIN 2005

(Option Year 1)

CLIN 3005

(Option Year 2)

CLIN 4005

(Option Year 3)

CLIN 5005

(Option Year 4)

1-3

4-6

7-9

SHIPPING STANDS (USN & FMS)

Units (Each) CLIN 1006

(Base Year)

CLIN 2006

(Option Year 1)

CLIN 3006

(Option Year 2)

CLIN 4006

(Option Year 3)

CLIN 5006

(Option Year 4)

1-3

4-6

7-9

10-15

NOTE F – The minimum quantity that shall be ordered under this Delivery order contract is nine (9) MK 82 units and nine (9) MK 200 units.

NOTE G – Provisioned Item Orders (PIO) may be placed against this line item on a firm-fixed price basis. The

Government reserves the unilateral right to issue multiple orders under this CLIN with the quantities, unit of issue, and pricing, thereof to be established by mutual agreement of the parties in accordance with C-217-H001 ITEM(s), 1008 – PROVISIONED ITEM ORDERS – BASIC (NAVSEA) (OCT 2018).

The proposed profit to be included on all potential PIO orders shall not exceed ten percent (10.00%).

NOTE H – The Government does not intend to provide Production Special Test Equipment (PSTE) as Government

Furnished Property (GFP) at time of award. Pricing for CLIN 1010 shall include all contractor’s proposed PSTE required to conduct Government testing. The proposed PSTE will be added to Attachment 2, Government Furnished

Property, attached hereto at contract award. PSTE from the existing contract will not be provided to the awardee of this contract.

CLAUSES INCORPORATED BY FULL TEXT

B-215-H002 REFUNDS (SPARES AND SUPPORT EQUIPMENT) (NAVSEA) (OCT 2018)

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

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

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

(2) If there is no comparable item sold in substantial quantities to the general public, intrinsic value is defined as the price an individual would expect to pay for the item based upon an economic purchase quantity as defined in FAR

52.207-4, plus the value of any unique requirements, including delivery terms, inspection, packaging or labeling.

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

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

(e) If agreement pursuant to paragraph (d) above cannot be reached, and the Navy's return of the new or unused item to the Contractor is practical, the Navy, subject to the Contractor's agreement, may elect to return the item to the Contractor.

Upon return of the item to its original point of Government acceptance, the Contractor shall refund in full the price paid.

If no agreement pursuant to paragraph (d) above is reached, and return of the item by the Navy is impractical, the

Contracting Officer may, with the approval of the Head of the Contracting Activity, issue a Contracting Officer's final decision on the matter, subject to Contractor appeal as provided in the "Disputes" clause (FAR 52.233-1).

(f) The Contractor shall make refunds, as required under this requirement, in accordance with instructions from the

Contracting Officer.

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

(h) This requirement does not apply to any spare parts or items of support equipment whose price is determined through adequate price competition. This requirement also does not apply to any spare part or item of support equipment if the

Contractor submitted, and certified the currency, accuracy and completeness of, cost or pricing data applicable to the item.

(End of text)

B-227-H001 PROVISIONING TECHNICAL DOCUMENTATION – WITHHOLDING OF PAYMENT

(NAVSEA) (OCT 2018)

(a) For the purpose of paragraph (c) of the "Progress Payments" clause of this contract, if included, the requirement that the Contractor develop and deliver Provisioning Technical Documentation (PTD) is considered to be a "material requirement of this contract," and Contractor failure to make adequate progress in the development of PTD, or to deliver acceptable PTD on a timely basis, may result in reduction or suspension of Progress Payments as provided in said paragraph.

(b) The PTD is considered to be a part of the "Technical Data" specified to be delivered under this contract for the purposes of the "Technical Data--Withholding of Payment" (DFARS 252.227-7030) clause. The terms and conditions of the clause entitled "Limitation On Withholding of Payments (FAR 52.232-9), if included in this contract, shall not apply to withholding of payment for failure to make timely delivery of the PTD or delivery of deficient PTD.

(End of text)

Section C - Descriptions and Specifications

CONTRACT LINE ITEM DESCRIPTION

CLIN 0001 - MK 82 Mod 0 Guided Missile Director First Article Unit (FAU)

The contractor shall manufacture, test, and deliver first article unit requirements for the MK 82 Mod 0 Guided

Missile Director, as specified in the Statement of Work (SOW), Section C.3.4.1. The contractor shall successfully complete Hardware Qualification Testing (HQT) as specified in Section C.3.3.8 and Environmental Qualification

Testing (EQT) as specified in Section C.3.3.9 in accordance with System and Evaluation Testing specified in

Section C.3.3.6. The contractor shall deliver Work Instructions required to successfully build the MK 82 Director units as specified in SOW, Section C.3.4.2.

CLIN 0002 – MK 200 Mod 0 Director Control First Article Unit (FAU) The contractor shall manufacture, test, and deliver first article unit requirements for the MK 200 Mod 0 Director

Control, as specified in the Statement of Work (SOW), Section C.3.4.1. The contractor shall successfully complete

Hardware Qualification Testing (HQT) as specified in Section C.3.3.8 and Environmental Qualification Testing

(EQT) as specified in Section C.3.3.9 in accordance with System and Evaluation Testing specified in Section

C.3.3.6. The contractor shall deliver Work Instructions required to successfully build the MK 200 Director Control units as specified in SOW, Section C.3.4.2.

CLIN 0003 – Production Readiness Review (PRR)

The contractor shall complete Production Readiness Review (single or multiple) process in accordance with

Sections C.3.2.5.8 and C.3.4.1.1 to assure that the production and quality requirement for the AEGIS Program are maintained and that the contractor has satisfied all Production Readiness requirements. The Government reserves the right to conduct a Production Readiness Review (PRR) of the prime contractor and if necessary to conduct PRRs of major sub-contractors at their respective production facilities. Additionally, the Government reserves the right to have its personnel or designated representatives participate with the contractor’s personnel in conducting PRRs or in reviewing milestone events established in the contractor’s qualification plan. The Government Lead will convene a

PRR of the prime contractor. The prime contractor will convene PRRs of major subcontractors, as applicable.

CLIN(s) 1001 and 2001, 3001, 4001, and 5001 (if exercised) – MK 82 Mod 0 Guided Missile Director

Subject to successful completion of First Article Unit (FAU) and Production Readiness Review (PRR) as specified in the SOW, Sections C.3.4.1 and C.3.4.1.1, the contractor shall manufacture, test, and deliver the MK 82 Mod 0

Guided Missile Director in accordance with specifications and associated documentation and drawings provided as

Government Furnished Information (GFI) (Attachment 4), and the packaging and delivery requirements of this contract. These systems shall be manufactured, tested, and delivered in support of DDG-51 Class ships and potentially FMS platforms including Aegis Ashore Host Nation assets. FMS delivery orders shall not commingle

FMS and non-FMS appropriated funds.

CLIN(s) 1002 and 2002, 3002, 4002, and 5002 (if exercised) – MK 200 Mod 0 Director Control

Subject to successful completion of First Article Unit (FAU) and Production Readiness Review (PRR) as specified in the SOW, Sections C.3.4.1 and C.3.4.1.1, the contractor shall manufacture, test, and deliver the MK 200 Mod 0

Director Control in accordance with specifications and associated documentation and drawings provided as

Government Furnished Information (GFI) (Attachment 4), and the packaging and delivery requirements of this contract. These systems shall be manufactured, tested, and delivered in support of DDG-51 Class ships and potentially FMS platforms including AEGIS Ashore Host Nation assets. FMS delivery orders shall not commingle

FMS and non-FMS appropriated funds.

CLIN(s) 1003 and 2003, 3003, 4003, and 5003 (if exercised) – Interim Repair Part (IRP) Kits

The contractor shall provide IRP Kits in accordance with the SOW, Section C.3.5.1. and Attachment 1G.

CLIN(s) 1004 and 2004, 3004, 4004, and 5004 (if exercised) – Maintenance Assistance Modules (MAMs)

The contractor shall provide MAMs in accordance with the SOW, Section C.3.5.2. and Attachment 1G.

CLIN(s) 1005 and 2005, 3005, 4005, and 5005 (if exercised) – AEGIS Disable Switch and Control Unit Kits

The contractor shall provide AEGIS Antenna Disable Switch and TV Control Unit Kits in accordance with the

SOW, Section C.3.5.3.

CLIN(s) 1006 and 2006, 3006, 4006, and 5006 (if exercised) – Shipping Stands

The contractor shall provide Shipping Stands in accordance with the SOW, Section C.3.5.4.

CLIN 1007 – Technical Data

C-227-H006 DATA REQUIREMENTS (NAVSEA) (OCT 2018)

The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD

Form 1423, Exhibit A, attached hereto.

CLIN 1008 - Provisioned Item Orders (PIOs)

C-217-H001 PROVISIONED ITEM ORDERS - BASIC (NAVSEA) (OCT 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 will 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 of 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 252.217-7027) shall be included in any undefinitized order.

(d) Rejection of Unilateral Orders. The contractor may reject any unilateral order if the contractor determines that it cannot feasibly perform the order, or if the contractor does not concur with the maximum ceiling amount. However, each unilateral order shall be deemed to have been accepted by the contractor unless within fifteen days of issuance of the order, the contractor notifies the Contracting Officer in writing of its rejection of the order.

(e) Definitization of Undefinitized Orders. (1) 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 180 days after the issuance of the undefinitized order.

However, that target date may be extended by the Contracting Officer for up to 180 days after the contractor submits a qualifying proposal as defined in DFARS 217.7401; or

(ii) the date on which the amount of funds expended by the contractor 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 15.4 and Part 31 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. (1) 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 Government 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 217.7401) to definitize an order before the Government has obligated fifty percent (50%) of the ceiling amount, the Contracting Officer may increase the limitation of Government liability to up to seventy-five percent (75%) of the maximum ceiling amount or up to seventy-five percent (75%) of the price proposed by the contractor, whichever is less.

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

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

(h) Terminal Date for Placement of Orders. The contractor shall not be obligated to accept any orders placed hereunder beyond 180 days after delivery of the last end item.

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

ITEM 1009 - Provisioning Technical Documentation

The Provisioning Technical Documentation (PTD) shall be in accordance with the Provisioning Requirements

Statement (PRS), including NAVSEA Addendum for PTD Requirements dated January 1993, the Provisioning

Performance Schedule and the Contract Data Requirements List, DD Form 1423, Exhibit B, attached hereto.

Access to provided PTD files will require specific software that can be acquired via the Government’s Interactive

Computer Aided Provisioning System (ICAPS) through the following URLs:

https://icaps.nmci.navy.mil or http://icaps/nctsjax.navy.mil. Prior to accessing ICAPS, the contractor shall contact

NAVSEALOGCEN, (Point of Contact Ronnie Olaso, ronnie.olaso@navy.mil, (805) 228-6842), acquiring the required software to access PTD files, and gaining a password and user ID for an ICAPS account. Provisioning

Technical Documentation shall be in relation to the Provisioning Item Orders, including required Technical Data

Package (TDP) and technical manual updates in accordance to Attachment 1A, as required.

ITEM 1010 – Production Special Tooling/Test Equipment

The contractor shall design and acquire production special tooling and production special test equipment

(PST/PSTE) in accordance with the following:

1. All PST/PSTE or groups of PST/PSTE are to be manufactured or acquired and placed in service by the contractor pursuant to this contract. The funding for PST/PSTE will be in accordance with the CLIN structure provided in Section B Supplies and Services of this contract and with full knowledge of the TDP.

2. The contractor shall identify the specific need for PST/PSTE and review with the COR prior to providing

(in writing) and requesting Government approval. The request/approval letter shall list the required

PST/PSTE, hours, quantities, value, and explanation of why the PST/PSTE is required.

3. Upon written approval by the COR, the contractor shall be authorized to acquire and/or manufacture the requested PST/PSTE and the listing of the PST/PSTE shall be incorporated into this contract.

4. PST/PSTE costs include all direct material costs, direct engineering and manufacturing costs, associated indirect costs required to support the design, manufacture, and supply of specified items or groups of items of PST/PSTE, Facilities Capital Cost of Money (FCCM), and the associated fee.

5. All PST/PSTE or groups of PST/PSTE are to be manufactured or acquired and placed in service by the contractor pursuant to this contract and at a cost to the Government of not more than the proposed value by https://icaps.nmci.navy.mil/ http://icaps/nctsjax.navy.mil mailto:ronnie.olaso@navy.mil the contractor identified in the request/approval letter described in paragraph two (2) above. The contractor shall maintain a separate account of all PST/PSTE costs.

6. All PST/PSTE will be made available for use on priority basis under any or all of AWS Production

Program contracts awarded to the contractor. The contractor shall request Government authorization to use the PST/PSTE for performance under a non-US Government contract or a non-AEGIS contract. FMS activity may be considered a US Government contract.

7. Ownership and title to all PST/PSTE encompassed by this contract shall vest in the contractor, provided that, the Government may, at any time upon written notice to the contractor, take possession of the

PST/PSTE at no cost, provided that the transfer does not impact production in accordance with the requirements of this contract. Transfer of title for the PST/PSTE under the contract shall be on an “as is” basis.

8. In the event that this contract conflicts with any other provision, whether General or Special, this contract shall take precedence.

THE FOLLOWING STATEMENT OF WORK (SOW) IS APPLICABLE TO ALL LINE ITEMS UNLESS

OTHERWISE SPECIFIED

1.0 SCOPE

This Statement of Work (SOW) defines the efforts required for the manufacture, assembly, test, and delivery of the

MK 82 Mod 0 Guided Missile Director and MK 200 Mod 0 Director Control, ancillary equipment for US Navy and

Foreign Military Sales (FMS) requirements. The contractor shall manufacture, test, and deliver the MK 82 Mod 0

Guided Missile Director that meets the requirements of Section B and this SOW. The contractor shall meet the

Government’s production rates and lead times as specified in Section F. The contractor shall meet all delivery requirements as defined in Section F in order to support shipbuilding new construction programs for Arleigh Burke-class Destroyers (DDG 51s) as well as FMS shipbuilding requirements.

The MK 82 Director and MK 200 Director Control TDP is provided as Government Furnished Information (GFI)

(See Attachment 4).

Further System Description

The contractor shall provide the Gun and Guided Missile Director, MK 82 MOD 0 and the Director

Control, MK 200 MOD 0 in accordance with NAVSEA drawings listed below. These systems will be built, tested, and delivered in support of DDG-51 Class ships and potentially FMS platforms including

AEGIS Ashore Host Nation assets FMS delivery orders shall not commingle FMS and non-FMS appropriated funds.

The configuration baseline shall be in accordance with the drawing revision as follows:

ITEM DRAWING # REV

Gun and Guided Missile Director, MK 82 MOD 0 5204574-6 FP

Director Control, MK 200 MOD 0 5204575-5 CM

1.1 Background: The Program Executive Office for Integrated Warfare Systems, AEGIS Integrated Combat

System Program Office (PEO IWS 1.0) executes the acquisition and total life cycle system support responsibility for the Navy’s Anti-Air Warfare (AAW) and Ballistic Missile Defense (BMD) programs. The MK 82 Director serves to position the FCS antenna to a commanded and stabilized position in space for the purpose of illuminating the target.

The Director has two axes of motion and has slip rings and a dual RF rotary joint to allow unlimited rotation in train.

The MK 200 Director Control houses the elevation and train servo-amplifiers for its associated Director. Within the

Director Control, solid-state servo-amplifiers provide the servo drive signals that position the director to the desired target position. The DDG 51 configuration includes three (3) MK 82 Directors and three (3) MK 200 Director

Controls. While the number of MK 82/MK 200 systems per platform may vary (two or three MK 82/MK 200 systems per shipset for FMS versus three MK 82/MK 200 systems per shipset for USN), the configuration is identical to the DDG 51 configuration. The required capabilities or performance characteristics of the AWS are governed by classified Weapon Specifications (WS) and NAVSEA drawings.

The MK 82 Director and MK 200 Director Control is a portion of the larger MK 99 Fire Control System (FCS).

1.2 Contract Data Requirements List (CDRL)

The contractor shall deliver all CDRL Data Items in accordance with Exhibit A and B, including their attachments.

If the data is rejected due to noncompliance with CDRL requirements, such that comments or "redline" versions cannot be used to make the document acceptable, the required lead times for delivery contained in the contractual documents shall remain applicable.

The contractor shall deliver by electronic media, via the NAVSEA Corporate Document Management System

(CDMS). The contractor shall contact the PEO IWS 1AP CDMS or Data Manager if they do not currently have a

CDMS account or the correct permissions to access the CDRL delivery area within CDMS. In the event CDMS is not operational, experiences technical difficulties, or the contractor is otherwise unable to gain access and deliver

CDRL data item(s), notification shall be made to the Contracting Officer’s Representative (COR) and PEO IWS

1AP Data Manager within two (2) working days, via e-mail, requesting approval to submit outside of CDMS. The

COR or PEO IWS 1AP Data Manager will provide the approved method of delivery outside of CDMS. The contractor shall maintain, in whatever system or medium it determines suitable, a copy of all data items delivered until the contract has been closed.

Request for revision to the approved CDRL data distribution list and Addressee List (Attachment 1 to CDRLs) shall be submitted to the PEO IWS 1AP Data Manager, via email, for COR approval. COR approval shall be considered to be an “Instant Administrative Change” and the contractual update to the CDRL data distribution list and

Addressee list prior to receipt of the contract modification.

The contractor shall maintain an accurate accounting of information and data supplied/used in fulfillment of the contract. The contractor shall inform the Government of any adverse impact resulting from any revisions, changes or deficiency of information and data via contract letter not later than 20 days after receipt of information and data.

1.3 Data Management

The contractor shall continue to perform established data management functions within its management organization to prepare, retrieve, reproduce, and deliver the data in accordance with the contract. The contractor shall perform the following as part of the Data Management task:

A. Provide recommended changes, additions or deletions to the CDRL for processing by the PEO IWS 1AP

Data Manager for COR approval.

B. Collect, prepare, publish and distribute the data as specified in the CDRL. This shall be done by the most economical method commensurate with program requirements and shall include standard in-house contractor data which will meet the specified requirements.

With the exception of CDRL Data items requiring acceptance by DD Form 250, failure to notify the contractor of acceptance or rejection within 45 days shall constitute Government acceptance.

Additional Data Management information is referenced in Section C.3.2.6.

2.0 APPLICABLE DOCUMENTS

The following documents form part of the SOW to the extent specified herein. In the event of a conflict between the documents referenced herein and the contents of this SOW, the SOW shall be considered the superseding requirement. The following Government Documents, Military Standards, and DoD Regulations are available through commercial channels or via the internet.

2.1 Government Documents

Title Description Date

FIPS PUB 140-2 Federal Information Processing Standards (FIPS) Security May 2001

Requirements for Cryptographic Modules

Naval Operations

Instruction 3432.1

Operations Security 04 August 2011

SECNAV Instruction

5000.2E

Department of the Navy Implementation and Operation of the

Defense Acquisition System and Joint Capabilities Integration and Development System

01 September 2011

2.2 Military Standards (MIL-STD)

MIL-D-5480G Data, Engineering and Technical: Reproduction Requirements for

10 October 1994

MIL-PRF-55110H Printed Wiring Boards, Rigid General Specifications for 15 May 2016

(Amendment 1)

MIL-P-15024E Plates, Tags and Bands for Identification of Equipment, General

Specification for

29 January 1993

MIL-STD-1399C Military Standard: Interface Standard For Shipboard Systems 02 February 1988

MIL-STD-1399/300 Department Of Defense Interface Standard, Section 300, Low/Medium Voltage Electric Power, Alternating Current

(Parts 1 & 2)

25 September 2018

MIL-STD-2073-1E Standard Practice for Military Packaging 07 January 2011

(Change 1)

MIL-F-18870E Fire Control Equipment, Naval Shipboard General

Specification for

23 May 1986

(Amendment 1)

MIL-PRF-19500P Semiconductor Devices, General Specification for 10 April 2014

(Amendment 2)

MIL-PRF-38535K Integrated Circuits (Microcircuits), General Specification for 20 December 2013

MIL-PRF-49506 Logistics Management Information 31 March 2011

(Notice 2)

MIL-STD-129R

with change 3

Marking for Shipment and Storage 18 February 2014

MIL-STD-130N(1) Identification Markings of U.S. Military Property 17 December 2007

MIL-STD-202H Test Methods for Electronics and Electrical Component Parts 18 April 2015

MIL-STD-196F Joint Electronics Type Designation System 11 September 2013

MIL-STD-881C Work Breakdown Structures for Defense Material Items 03 October 2011

MIL-STD-882E System Safety Program Requirements 11 May 2012

MIL-STD-883K Test Methods and Procedures for Micro-Electronics 22 February 2017

(Change 2)

MIL-STD-961E Department of Defense Standard Practice for Defense

Specifications

27 October 2015

(Change 3)

MIL-HDBK-965 Acquisition Practices for Parts Management 04 October 2000

(Note 1)

MIL-STD-1661 Mark and Mod Nomenclature System 01 August 78

MIL-STD-1686C Electrostatic Discharge Control Program for Protection of

Electrical and Electronic Parts, Assemblies, and Equipment

(Excluding Electrically Initiated Explosive Devices) (Metric)

25 October 1995

MIL-HDBK-2036A

General Requirements for Electrical Equipment Specifications

(FOR NEW DESIGN)

01 November 1999

2.3 Department of Defense (DoD) Regulations, Directives and Instructions

Defense Acquisition

Guidebook 4.3.3.4.7

Production Readiness Review (PRR) https://dag.dau.mil 06 August 2013

DoDI 5220.22 National Industrial Security Program (NISPOM) 18 March 2011

DoDD 8500.1 Information Assurance 24 October 2001

DoDI 8500.2 Information Assurance Implementation

DoD Supplier's Passive RFID Information Guide (available at http://www.acq.osd.mil/log/rfid/index.html), Version 14

06 February 2003

DoDI 5200.39 Department of Defense Instruction (DoDI) 5200.39 Critical

Program Information (CPI) Protection within the Department of Defense

17 November 2017

DoDI 4140.67 Department of Defense Instruction (DoDI) 4140.67

Department of Defense Counterfeit Prevention Policy

25 October 2017

DoDI 4160.21-M Department of Defense Instruction (DoDI) 4160.21-M Defense

Materiel Disposition Manual

18 August 1997

DoDI 4160.28 Department of Defense Instruction (DoDI) 4160.28

Department of Defense Demilitarization (DEMIL) Program

14 September 2017

DFARS 252.245-7003 Defense Federal Acquisition Regulations (DFARS) 252.245-

7003 contractor Property Management System Administration

April 2012

DoDI 5000.2 Department of Defense Instruction (DoDI) 5000.2 Operation of the Defense Acquisition System (10 August 2017)

10 August 2017

DFARS 252.211-7000 Defense Federal Acquisition Regulations (DFARS) 252.211-

October 2010

DoD-STD-1679A Department of Defense Standard DoD-STD-1679A 22 October 1983

DoDI 8500.1 Department of Defense Instruction (DoDI) 8500.1 (24 October

2002)

24 October 2002

DoDI 5000.1 Department of Defense Instruction (DoDI) 5000.1 The Defense

Acquisition System

15 October 1996

2.4 OPNAV Instructions

OPNAVINST

C5510.93F

Government Implementation of National Policy on Control of Compromising Emanations

10 January 2002

2.5 Non-Government Documents

The following documents form a part of this SOW to the extent specified herein. In the event of a conflict between the documents referenced herein and the contents of this SOW, the contents of this SOW shall be considered a superseding requirement.

Technical society and technical association specifications and standards are generally available for reference from libraries. They are also distributed among technical groups and using Federal Agencies.

Copies of specifications, standards, drawings, and publications required by suppliers, in connection with specified procurement functions, shall be obtained from the contracting agency or as directed by the Contracting Officer.

ANSI/EIA-748B National Defense Industrial Association (NDIA) Program

Management Systems Committee (PMSC) ANSI/EIA-748-A

Standard for Earned Value Management Systems Intent Guide

June 2007

ANSI/AIAA-R-100A American National Standards Institute Recommended Practice for Parts Management

ANSI/J-STD-001 Requirements for Soldered Electrical and Electronic Assemblies September 2006

ANSI/EIA 649 National Consensus Standard for Configuration Management 2011

IEEE 828-1998 Institute of Electrical and Electronics Engineers Standard for

Software Configuration Management Plans

ANSI/ISO 9001:2015 Quality Management Systems – Requirements 2015

ANSI/ISO/ASQ(E)

Q9001-2008

American National Standard – Quality Management Systems

Requirements

ISO 10012:2003 Quality Assurance Requirements for Measuring Equipment -

Part I Metrological Confirmation System for Measuring

Equipment

IPC J-STD-001F Requirements for Soldered Electrical and Electronic Assemblies February 2012

ANSI B18.2.1

Square and Hex Bolts and Screws Inch Series

July 2013

MIL-STD-105E

Sampling Procedures and Tables for Inspection by Attributes 06 February 2008

(Notice 3)

ANSI/NCSL Z540.3

Calibration Laboratories and Measuring Test Equipment -

General Requirements

April 2010

AS9100C

Quality Management Systems – Requirement for Aviation, Space and Defense Organizations

January 2009

ASTM D3951 Packaging Commercial December 2015

ASME-Y14.5M Dimensioning & Tolerancing 2009

ASME-Y14.100M Engineering Drawing Practices 2013

IPC2221B Generic Standard on Printed Board Design February 2017

EIA-649-B Configuration Management Standard April 2011

OD 32396, Rev P

AEGIS PHS&T Implementation Plan 30 August 2017

OD 32187 AEGIS Ships Programs Standard Manual

(with mods) Vol I, including all STD Bulletins

Vol II

February 2013

(or latest revision)

DOD 5220.22M

National Industrial Security Program Operating Manual 28 February 2006

MIL-HDBK-263B ESD Control Handbook for Protection of Electrical and

Electronic Parts, Assemblies, and Equipment (Excluding

Electrical Initiated Explosive Devices) (Metric)

31 July 1994

MIL-HDBK-454B

Military Handbook General Guidelines for Electronic Equipment 15 April 2007

3.0 REQUIREMENTS

3.1 General. The contractor shall furnish all labor and materials, other than the items provided by the Government as GFP as identified in Attachment 2, necessary for the manufacture, assembly, test, and delivery of MK 82/MK 200

Director/Director Control FAUs, single production units, and ancillary parts.

The contractor shall build the MK 82/MK 200 system, in accordance with the Technical Data Package (TDP) which is defined under the drawings for the MK 82 MOD 0 Director (Drawing # 5204574-6 (Rev FP) and the MK 200

Director Control (5204575-5 (Rev CM) as Government Furnished Information (GFI) as referenced in Section J.

The contractor shall procure, fabricate, assemble, and test the Guided Missile Director MK 82 Mod 0 with Director

Control MK 200 Mod 0 as an integrated component of the MK 99 Fire Control System (FCS) and other equipment to include Interim Repair Parts (IRPs), Maintenance Assist Modules (MAMs), and AEGIS Antenna Disable Switch and TV Control Unit Kits, as identified in Section C of the RFP, using the technical data package (TDP) and weapon specifications. In the event of conflict between the drawings and weapon specifications, the weapon specifications shall take precedence. The delivery schedule of this procurement is established by DDG 51 shipbuilding program and FMS customer requirements as expressed in its respective signed FMS case. The period of performance for this

AWS production contract is one base plus four options in accordance with FAR 17.204(e). The supplies and services to be furnished hereunder shall be manufactured or performed in accordance with the following descriptions and specifications in this Section.

The efforts required are for the manufacture, assembly, test, and delivery of the MK 82 Director/MK 200 Director

Control. Program information, deliveries, and data shall be handled in accordance with the Contract Security

Specification, (DD Form 254, Attachment 7) and the National Industrial Security Program Operating Manual

(NISPOM).

3.2 Program Management and Control – Applicable to all CLINs

The contractor shall provide program management oversight and ensure all work conducted within this contract is planned and executed in a manner that will achieve all quality, schedule, and cost objectives. The contractor shall perform those program management functions that provide for the technical and administrative planning, organizing, directing, coordinating, controlling, approving and customer liaison actions designed to accomplish total contract objective.

Progress Reports (CDRL A002) shall be prepared and submitted to the Navy during the life of the contract in accordance with the Contract Data Requirements.

The contractor shall perform the program level function of planning, coordinating, integrating and analyzing performance data and shall maintain and report at program reviews the status of problems and high-risk areas throughout the life of the contract.

The contractor shall report program progress to the Navy in quarterly reviews as scheduled by the Navy. The reviews shall address contract progress, problems and risk areas, and shall include schedule and technical performance data. The reviews shall normally be held at the contractor's facility and attended by Navy personnel.

One quarterly review per year may be held in the Washington, D.C., metropolitan area. Review format will be flexible and subject to agreement between the Navy and the contractor. Copies of presented material shall be provided at each review. There shall also be mutually agreed to reviews at the contractor's major subcontract vendors as requested by the Navy through the contractor. The contractor shall provide meeting minutes after each review (CDRL A004).

3.2.1 Program Management Office. The contractor shall establish a Program Management Office that is responsible for the management and control of Program Management Plan (CDRL A001) elements in order to support the successful on-time delivery of the contract requirements. The Program Management Plan shall incorporate detailed production planning, milestones, and metrics capable of supporting the execution of all tasks required by this contract and this SOW.

Deliverable Data Item (See DD-1423):

CDRL A001: Program Management Plan

3.2.2 Program Manager. The contractor shall designate a Program Manager (PM) responsible for the planning, execution, and control of all aspects of this contract and have the authority to commit the contractor to specific courses of action. In addition, the PM shall be responsible for directing its subcontracting and supplier efforts. The

PM shall have the necessary authority to utilize the company’s resources to assure the tasks of this SOW are accomplished. The PM shall be authorized to deal directly with the Government on all matters pertaining to this contract. The contractor shall be responsible for organizing, coordinating, controlling and reporting the status of all contract activities related to this contract, including activities assigned to subcontractors, to ensure the on-time delivery of all supplies and services specified in this contract.

The contractor’s Program Manager shall possess a Department of Defense security clearance up to the SECRET level and shall have the ability to interface with the MK 82/MK 200 system integration facility before and after hardware sell-off as directed by the Government.

3.2.2.1 Production Manager. The contractor shall designate a Production Manager responsible for the planning, coordination, and control of the manufacture, assembly, and test of all units and parts exercised under this contract. The Production Manager shall be a direct report to the Program Manager and shall provide periodic updates on the manufacture, assembly, and test status for all systems on contract.

3.2.3 Subcontractor Management. The contractor shall identify and monitor subcontractor technical, quality, schedule, and milestone achievement on a continuing basis, according to the contractor’s own established subcontract management techniques. The contractor is responsible for executing the requirements of this contract and shall institute appropriate management actions relative to subcontractor performance. Requirements of this

SOW shall flow from the contractor to all subcontractors regardless of value. Requirements that are contractually specified shall apply to subcontractor performance; however, the contractor shall be accountable for the subcontractor’s compliance and is responsible for ensuring all deliverables comply with the contract requirements.

3.2.4 Progress, Status and Management Reports. The contractor shall deliver a contractor's Progress, Status, Achievement and Risk Assessment Report (CDRL A002). Data item requirements shall include:

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