N0002421R2201 Conformed through Amendment 1.docx

N0002421R2201

Section A - Solicitation/Contract Form

SECTION A NOTES

General Contract Information

1) This is a Firm Fixed Priced Contract with a Period of Performance (PoP) of 24 months from date of contract award under NAICS 336611.

2) The Government intends to award multiple contracts as a result of this solicitation in accordance with M-215-H002.

3) Awards will only be made to responsive parties that have a team member that can construct a vessel that meets the requirements of this solicitation.

4) In accordance with Federal Acquisition Regulation (FAR) 52.215-1, a contract will be awarded to responsible Offeror(s) whose offer, conforming to the solicitation, represents the Best Value to the Government after evaluation in accordance with the factors identified herein.

Section B - Supplies or Services and Prices

CLIN Number 0001

NGLS New Construction Design Studies

FFP

New Construction Design Studies and Documentation for the Next Generation Logistics Ship (NGLS) in accordance with Section C and attachments J1-3. See Note A.

FOB: Destination

PURCHASE REQUEST NUMBER: N0002421NR68058

PSC CD: 1925

NET AMT

CLIN Number 0002

Each

Data for CLIN 0001

FFP

Data for CLIN 0001 in accordance with Section C and attachments J1-3. See Notes E.

FOB: Destination

NET AMT

CLIN Number 0003

FFP

Studies for modification of existing vessels for the Next Generation Logistics Ship (NGLS) in accordance with Section C and attachments J1-3. . See Notes B.

FOB: Destination

NET AMT

CLIN Number 0004

Each

FFP

Data for CLIN 0003 if Exrcised in accordance with Section C and attachments J1-3. See Notes B and E.

FOB: Destination

NET AMT

CLIN Number 0005

FFP

PIO - Special Studies, Analyses and Documentation in support of the Next Generation Logistics Ship in accordance with Section C and attachments J1-3. See Notes B, C, and D.

FOB: Destination

NET AMT

NOTES

SECTION B – NOTES

NOTE A: The total price of CLIN 0001 shall not exceed $2,000,000.

NOTE B: Option Items, 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. The Government is not obligated to order any or all of these items. Exercise of one option will not obligate the Government to the exercise of other options.

NOTE C: Approximately 5,000 man-hours of labor will be needed for CLIN 0005. This is an estimate and does not indicate that the Government will necessarily order this amount or any at all. The actual amount of labor hours and material dollars will be determined in accordance the clause in Section H of this Contract entitled "SPECIAL STUDIES & DOCUMENTATION.” In the table below, enter the applicable hourly labor rate for each Government fiscal year, which will apply to any work ordered under this item.

($ per Hour) Fully Burdened Rate Sr. Engineer ($ per Hour) Fully Burdened Rate Engineer ($ per Hour)

NOTE D: Provisional amounts are subject to adjustment under the clause of this contract entitled “PROVISIONED ITEMS ORDER (PIO)” for supplies or other requirements ordered pursuant to said clause. The amounts shown arefor 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 E: CLIN 0002 is Not Separately Priced (NSP) and is included in the cost of CLIN 0001. CLIN 0004 is Not Separately Priced (NSP) and should be included in the cost of CLIN 0003 if Exercised.

Section C - Descriptions and Specifications

Section C - Descriptions and Specifications

PART 1 – GENERAL STATEMENT OF WORK

PART 2 – CONTRACT LINE ITEM NUMBER (CLIN) DESCRIPTIONS

PART 3 – STATEMENT OF WORK FOR NEW CONSTRUCTION DESIGN STUDIES & DOCUMENTATION

PART 4 – STATEMENT OF WORK FOR EXISTING VESSEL MODIFICATION STUDIES & DOCUMENTATION

PART 5 – STANDARD CLAUSES

C-1. PART 1: GENERAL STATEMENT OF WORK

The Next Generation Logistics Ship (NGLS) Program is a new class of ships intended to augment the current Combat Logistics Force ships. The NGLS will enable refueling, rearming, and resupply of Naval and USMC assets – afloat and ashore – in support of Distributed Maritime Operations, Littoral Operations Contested Environment, and Expeditionary Advanced Base Operations. The NGLS is envisioned to be smaller than existing ships in the Combat Logistics Force, and will operate in contested environments, sustaining afloat (Surface Action Groups and Light Amphibious Warships) and ashore (Expeditionary Advanced Base) requirements. NGLS is currently conceived to be either a single ship type providing Refuel, Resupply, and Rearm capabilities or a combination of ship types that provide the Refuel, Resupply, and Rearm capabilities across multiple platforms. The NGLS may be a single class of ships capable of performing all 3 mission areas (i.e. refuel, rearm, resupply) or a combination of ship classes each performing 1 or 2 mission areas. The Navy is seeking to study concepts for NGLS ships in the size range from commercial Platform Supply Vessels (PSV) to larger Coastal Tankers.

In accordance with the NGLS Baseline Requirements Document (BRD), Attachment J-1, the statement of work, the terms and conditions of the contract, and the other documents listed in Section J, the Contractor shall conduct Industry Studies for the NGLS to perform capability and cost trade studies in key areas, investigate options to maximize affordability and producibility, and develop concept designs. Objectives are (1) to identify cost effective design solutions; (2) determine viability of incorporating all 3 mission areas into a single design; and (3) inform development of the Detail Design and Construction (DD&C) Circular of Requirements (COR) from the NGLS Baseline Requirements Document (BRD), Attachment J-1. Based on the results of these industry studies and ongoing mission definition, the COR issued with the DD&C Request for Proposal (RFP) may change significantly and drive different ship concepts.

The Contractor shall identify cost effective ship design solution(s) to fulfill all 3 mission requirements (i.e. refuel, rearm, resupply) and identify other areas of production, documentation, and testing to reduce the acquisition cost of the vessels. The Contractor may satisfy all 3 mission areas (i.e. refuel, rearm, resupply) through a single class of ships or through a combination of ship classes each performing 1 or 2 mission areas, but the Contractor must provide a complete set of ship concept(s) that can perform the refuel, resupply, and rearm missions.

The Contractor shall place emphasis on the use of commercially available, non-developmental and proven technologies. Component commonality with other Military Sealift Command ships is desirable.

The Contractor shall provide, and the Government will retain, Government Purpose Rights to technical data. As such future solicitations may contain some or all the recommendations and delivered products developed by the Contractor under this contract. Business sensitive data such as details of cost estimates and shipyard capability information may be marked as “proprietary”, where such proprietary marking is justified by the Contractor and approved by the Government. Any proprietary or sensitive business data provided by the Contractor via a deliverable must be marked appropriately and will not be shared with other industry participants. All commercial and non-commercial data delivered must be marked with the technical data rights appropriately asserted by the Contractor. Assertions must be made in accordance with DFAR 52.227-7013 and 52.227-7017.

The metric system of measurement (International System of Units (SI)) shall be used for technical efforts and related documents, except where necessary to interface with existing English unit equipment or systems. Where existing technical documents are in English units for equipment or systems, conversion of the documentation to metric system need not be performed.

The Contractor’s obligation to perform this contract is in no way conditioned upon the Government providing any facilities, material, property, equipment, services, or information, except as may be otherwise expressly provided herein.

The Contractor shall prepare and deliver the data items required by the Data Requirements List (DRL), Attachment J-2. Note: Deliverables are listed in italics in the SOW.

C-2. PART 2: CONTRACT LINE ITEM NUMBER (CLIN) DESCRIPTIONS

C.2.1 - CLIN 0001 New Construction Design Studies and Documentation

The Contractor shall furnish all resources necessary to perform Industry Studies for NGLS new construction ship concept(s) in accordance with the contract requirements. The effort shall be in accordance with the requirements of the Contract, including attachments, revisions and modifications thereto.

a) The provisions of this Contract

b) NGLS Baseline Requirements Document (BRD), Attachment J-1

c) Other documents, exhibits, and attachments listed with the requirements of the Contract; and

d) All revisions and modifications thereto.

The Contractor shall provide the management effort necessary to ensure the on-schedule completion of Industry Studies.

C.2.2 - CLIN 0002 Data for CLIN 0001 (Not Separately Priced)

The Contractor shall prepare and deliver the data items required by the Data Requirements List (DRL), Attachment J-2. The Contractor shall submit all required data in digital format in accordance with the Data Requirements List, Attachment J-2. This item is Not-Separately Priced (NSP).

C.2.3 - CLIN 0003 Existing Vessel Modification Studies and Documentation (OPTION)

The Contractor shall furnish all resources necessary to perform modification studies to an existing vessel or vessels in accordance with the contract requirements. The effort shall be in accordance with the requirements of the Contract, including attachments, revisions and modifications thereto.

a) The provisions of this Contract

b) NGLS Baseline Requirements Document (BRD), Attachment J-1 to the extent practical within the inherent limitations of the existing vessel.

c) Other documents, exhibits, and attachments listed with the requirements of the Contract; and

d) All revisions and modifications thereto.

The Government recognizes that the Period of Performance may not allow the Contractor to satisfy all requirements for all 3 mission areas (i.e. refuel, rearm, resupply) in the Baseline Requirements Document for an existing vessel; therefore, the Contractor shall perform the modification studies to meet as much of the Baseline Requirements Document as practical within the inherent limitations of the existing vessel. The Government reserves the right to negotiate a reduction of scope on a case by case basis upon exercising the option.

The Contractor shall provide the management effort necessary to ensure the on-schedule completion of Industry Studies.

C.2.4 - CLIN 0004 Data for CLIN 0003 (not separately priced) (OPTION)

The Contractor shall prepare and deliver the data items required by Section C-4 below and by the Data Requirements List (DRL), Attachment J-2. The Contractor shall submit all required data in digital format in accordance with the Data Requirements List, Attachment J-2. This item is Not-Separately Priced (NSP).

C.2.5 - CLIN 0005 (If Exercised) Special Studies (Provisioned Items, as Ordered (PIO))

In accordance with the clause entitled “SPECIAL STUDIES & DOCUMENTATION” under Section H, the Contractor shall provide up to 5,000 man-hours to perform special studies, design, analyses, and reviews as Additional Government Requirements in support of the NGLS program. These Additional Government Requirements are over and above that specified in other contract line item numbers (CLINs). Orders for this effort shall be placed in accordance with the general requirements in in Section H of this contract entitled “SPECIAL STUDIES & DOCUMENTATION”.

C-3. PART 3: STATEMENT OF WORK FOR NEW CONSTRUCTION DESIGN & DOCUMENTATION

C.3.1 – MEETINGS, REVIEWS AND STATUS REPORTS

C.3.1.1 – POST-AWARD CONFERENCE

The Contractor shall participate in a Post Award Conference (PAC) held via web conference within 10 days after contract award (details will be provided by the Government at time of contract award). The purpose of the conference is to (1) review the contract and technical documents, (2) review the technical and schedule requirements including the schedule of Design Reviews, (3) discuss the roles and working relationships between the Contractor and the Government and (4) answer Contractor questions. Representatives from each firm on the Contractor’s team shall attend. The Contractor shall prepare Post Award Conference Minutes (DI-001).

C.3.1.2 - DESIGN REVIEWS AND TECHNICAL EXCHANGE MEETINGS

The Contractor shall conduct two Design Reviews (DRs), between 110 to 130 days after contract award and 10 to 30 days prior to the end of CLIN 0001. The purpose of the DRs is for the Contractor to address adherence to contractual requirements, report study progress, anticipated problems and other related matters. The Contractor shall prepare Design Review Agendas, Presentations, and Minutes (DI-002) of each DR. The Contractor’s design agent (if used) shall attend the DRs. Each DR shall be conducted at the Contractor’s facility or via Web-conference at the Government’s discretion. The Contractor shall propose dates for the Design Reviews; the Government will notify the Contractor of the approved date for the Design Review.

The Contractor shall conduct one Technical Exchange Meeting between the PAC and the first Design Review and one Technical Exchange Meeting between the first and second Design Review. The purpose of the Technical Exchange Meetings is for the Contractor to discuss current risk areas and design issues with the Government. Each Technical Exchange Meeting shall be held via Web-conference. The Contractor shall propose dates; the Government will notify the Contractor of the approved date.

C.3.2 – REGULATORY BODY COMMUNICATIONS AND CORRESPONDENCE

The Contractor may be required to consult with regulatory bodies during contract performance. Regulatory bodies include but are not limited to ABS, USCG, IMO, and EPA. The Contractor shall prepare copies of all outgoing and incoming Regulatory Body Communications and Correspondence (DI-003) between the Contractor and regulatory bodies.

C.3.3- REGULATORY GAP AND EMERGENT REGULATIONS STUDY

The Contractor shall prepare a Regulatory Gap and Emergent Regulations Study Report (DI-004) to identify potential design changes needed in order for the NGLS design to become ABS classed to the latest applicable ABS Marine Vessel Rules (MVR) and to comply with emergent regulations. Any other significant gaps with other regulatory body requirements shall be identified and mitigations proposed. The report shall address design impacts, acquisition cost, and lifecycle cost.

C.3.4 - BRD CHANGE RECOMMENDATIONS

The Contractor shall prepare BRD Change Recommendations (DI-005). The Contractor acknowledges and agrees that the government is under no obligation to approve or implement a change recommendation.

C.3.5 – BASELINE DESIGN DEVELOPMENT

C.3.5.1- DESIGN SUMMARY REPORT

The Contractor shall develop a new baseline design(s) to represent a ship(s) meeting the requirements of the Baseline Requirements Document (BRD), Attachment J-1. The baseline(s) shall be used as the basis for performing the design and trade-off studies under this contract and evaluating potential benefits of the options studied. The Contractor shall prepare a Design Summary Report DI-006) to summarize the design and cost implications of the baseline design(s).

C.3.5.2- DESIGN PRODUCTS FOR A NEW CONSTRUCTION DESIGN

The Contractor shall prepare the following products for a new design:

- General Arrangements (DI-008-01)

- Hull Lines Drawing and Offsets Database (DI-008-02)

- Midship Section Drawing (DI-008-03)

- Area, Volume and Tankage Report including Working Deck Area, Volume, Deck Heights (DI-009)

C.3.6 –TRADE STUDIES FOR NEW CONSTRUCTION

Trade studies are intended to explore variations on specific areas of the NGLS Baseline Requirements Document (BRD), Attachment J-1. The Contractor shall perform trade studies to address, at a minimum, the items listed in Sections C.3.6.1-C.3.6.10.

For each trade study, the Contractor shall describe the changes to the baseline design that result from the modification of the specified requirement. For each trade study, the Contractor shall prepare a Study Report that describes the study methodology, assumptions, and alternatives considered.

C.3.6.1 – SPEED INCREASE STUDY

The Contractor shall prepare a Speed Increase Study Report (DI-007-01). The report shall address the design impacts and procurement cost, and lifecyle cost impact of increasing sustained speed to 20 knots.

C.3.6.2 – UNREP ALTERNATIVES STUDY

If the Contractor has developed a baseline design that addresses the Refuel or Resupply mission areas, the Contractor shall prepare an UNREP Alternatives Study Report (DI-007-02) that describes at least one alternative arrangement and/or selection of UNREP equipment. The report shall address the design, procurement cost, and lifecycle cost impact of the alternative UNREP configuration.

C.3.6.3 – CARGO FUEL MIX STUDY

If the Contractor has developed a baseline design that addresses the Refuel mission area, the Contractor shall prepare a Cargo Fuel Mix Study Report (DI-007-03). The report shall address the design, procurement cost, and lifecycle cost impacts of modifying the cargo fuel system to have the ability to accommodate a cargo fuel mix that ranges from 0% JP-5 and 100% DFM to 100% JP-5 and 0% DFM. The trade study shall address the impact of material changes to stainless steel 304L or 316L for JP-5 in accordance with the BRD.

C.3.6.4 – ICE CLASS STUDY

The Contractor shall prepare an Ice Class Study Report (DI-007-04) that describes the design, acquisition cost, and lifecycle cost impacts of designing and building to ABS Ice Class 1C. In addition to the ABS MVR requirements, the Contractor shall include the following wind, snow, ice and greenwater loads: Ship structure, systems, and equipment exposed to the weather shall withstand a horizontal wind loading of 1.5 kN/m2 of projected area. Ship structure shall withstand a snow and ice weight of 0.4 kN/m2 on exposed surfaces. Exposed systems and equipment shall start and operate properly when initially covered with an ice weight of 0.22 kN/m2 on exposed surfaces.

C.3.6.5 – VERTICAL REPLENISHMENT STUDY

If the Contractor has developed a baseline design that does not include Vertical Replenishment (VERTREP) capability, the Contractor shall prepare a Vertical Replenishment Study Report (DI-007-05). The report shall address the design, procurement cost, and lifecycle cost impacts of adding a VERTREP high hover spot. The VERTREP spot shall meet requirements for NAVAIR-certified, Level III (day-only, VMC) Class 5 (15-feet – hover VERTREP and MEDEVAC), Type 1 (Minimum spot size), for all H-60 variants and single-main-rotor helicopters with smaller main rotor diameters.

C.3.6.6 - DYNAMIC POSITIONING SYSTEM STUDY

The Contractor shall prepare a Dynamic Positioning System Study Report (DI-007-06) that describes the design, procurement cost and lifecycle cost impacts of incorporating dynamic positioning systems which meet the ABS classification requirements for DP-2. The contractor shall address impacts to ship operation for DP system classification.

C.3.6.7 - SERVICE LIFE STUDY

The Contractor shall prepare a Service Life Study Report (DI-007-07) that describes the design, procurement cost, and lifecycle cost impacts of designing and constructing the ship for a service life of 20 years; provide a comparison to increasing the service life up to 40 years. Service life in excess of 20 years shall consider ABS FL notation. The study shall focus on impacts to hull structure and equipment listed in the Major Equipment List.

C.3.6.8 - MOGAS STORAGE STUDY

The Contractor shall prepare a MOGAS Storage Study Report (DI-007-08) that describes the design, procurement cost, and lifecycle cost impacts of designing and constructing the ship with the capability to store and handle MOGAS in drums. MOGAS drums shall be stored in jettisonable racks.

C.3.6.9 – MACHINERY PLANT ALTERNATIVE STUDY

The Contractor shall prepare a Machinery Alternative Study report (DI-007-09) that compares the feasibility, design impacts, cost, advantages, and, disadvantages of an alternative machinery plant, either diesel-electric or diesel mechanical, to the machinery plant in Contractor’s baseline design.

C.3.6.10 – SEAKEEPING PERFORMANCE IMPROVEMENT STUDY

The Contractor shall prepare a Seakeeping Performance Improvement Study Report (DI-007-10) that describes the design, acquisition cost, and lifecycle cost impacts of improvements in seakeeping performance. The report shall propose design features or changes for improving the seakeeping performance of the baseline design. The report shall describe each design feature or design change and describe how the seakeeping performance is affected.

C-4. PART 4: STATEMENT OF WORK FOR EXISTING VESSEL MODIFICATION STUDIES & DOCUMENTATION (OPTION)

C.4.1 – DESIGN MODIFICATION

C.4.1.1- DESIGN SUMMARY REPORT

The Contractor shall develop modifications to an existing vessel that represents a ship meeting the requirements of the Baseline Requirements Document (BRD), Attachment J-1, to the extent practical within the inherent limitations of the existing vessel. The Government recognizes that it may be impractical for the Contractor to satisfy all requirements for all 3 mission areas (i.e. refuel, rearm, resupply) in the Baseline Requirements Document for an existing vessel; therefore, the Contractor shall perform the modification studies to meet as much of the Baseline Requirements Document as practical within the inherent limitations of the existing vessel. The Contractor shall prepare and update a Design Summary Report (DI-006) as its design efforts progress.

C.4.1.2- DESIGN PRODUCTS FOR AN EXISTING VESSEL MODIFICATION

The Contractor shall prepare the following products for an existing design:

- General Arrangements (DI-008-01)

- Hull Lines Drawing and Offsets Database (DI-008-02)

- Midship Section Drawing (DI-008-03)

- Area, Volume and Tankage Report including Working Deck Area, Volume, Deck Heights (DI-009)

C.4.2 –TRADE-OFF STUDIES FOR EXISITING VESSEL CONVERSION

The Contractor shall perform the individual trade-off studies to address, at a minimum, the studies listed in Sections C.4.2.1 through C.4.2.3. Within each study, the Contractor shall identify alternative approaches to meeting the requirements of the NGLS Baseline Requirements Document (BRD), Attachment J-1. Each study shall evaluate how these alternative approaches are addressed.

For each trade-off study, the Contractor shall prepare a Study Report that describes the study baseline and each alternative analyzed. The Contractor shall include a description of the study methodology and assumptions, and alternatives considered.

C.4.2.1 – SPEED INCREASE STUDY

The Contractor shall prepare a Speed Increase Study Report (DI-007-01). The report shall address the design, acquisition cost and lifecycle cost impact of increasing sustained speed to 20 knots.

C.4.2.2 – UNREP ALTERNATIVES STUDY

If the Contractor has developed a baseline design that addresses the Refuel or Resupply mission areas, the Contractor shall prepare an UNREP Alternatives Study Report (DI-007-02) that describes at least one alternative arrangement and/or selection of UNREP equipment. The report shall address the design, procurement cost, and lifecycle cost impact of the alternative UNREP configuration.

C.4.2.3 – CARGO FUEL MIX STUDY

If the Contractor has developed a baseline design that addresses the Refuel mission area, the Contractor shall prepare a Cargo Fuel Mix Study Report (DI-007-03). The report shall address the design, procurement cost, and lifecycle cost impacts of modifying the cargo fuel system to have the ability to accommodate a cargo fuel mix that ranges from 0% JP-5 and 100% DFM to 100% JP-5 and 0% DFM. The trade study shall address the impact of material changes to stainless steel 304L or 316L for JP-5 in accordance with the BRD.

C-5. PART 5: STANDARD CLAUSES

CLAUSES INCORPORATED BY FULL TEXT

C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA) (OCT 2018)

(a) NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.

(c) Execution of this contract by the contractor is considered consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file room management support contractor for the limited purpose of executing its file room support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

(End of text)

C-204-H002 IMPLEMENTATION OF ENHANCED SECURITY CONTROLS ON SELECT DEFENSE INDUSTRIAL BASE PARTNER NETWORKS (NAVSEA) (JAN 2020)

1. System Security Plan and Plans of Action and Milestones (SSP/POAM) Reviews

a) Within thirty (30) days of contract award, the Contractor shall make its System Security Plan(s) (SSP(s)) for its covered contractor information system(s) available for review by the Government at the contractor’s facility. The SSP(s) shall implement the security requirements in Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.204-7012, which is included in this contract. The Contractor shall fully cooperate in the Government’s review of the SSPs at the Contractor’s facility.

b) If the Government determines that the SSP(s) does not adequately implement the requirements of DFARS clause 252.204-7012 then the Government shall notify the Contractor of each identified deficiency. The Contractor shall correct any identified deficiencies within thirty (30) days of notification by the Government. The contracting officer may provide for a correction period longer than thirty (30) days and, in such a case, may require the Contractor to submit a plan of action and milestones (POAM) for the correction of the identified deficiencies. The Contractor shall immediately notify the contracting officer of any failure or anticipated failure to meet a milestone in such a POAM.

c) Upon the conclusion of the correction period, the Government may conduct a follow-on review of the SSP(s) at the Contractor’s facilities. The Government may continue to conduct follow-on reviews until the Government determines that the Contractor has corrected all identified deficiencies in the SSP(s).

d) The Government may, in its sole discretion, conduct subsequent reviews at the Contractor’s site to verify the information in the SSP(s). The Government will conduct such reviews at least every three (3) years (measured from the date of contract award) and may conduct such reviews at any time upon thirty (30) days’ notice to the Contractor.

2. Compliance to NIST 800-171

a) The Contractor shall fully implement the CUI Security Requirements (Requirements) and associated Relevant Security Controls (Controls) in NIST Special Publication 800-171 (Rev. 1) (NIST SP 800-171), or establish a SSP(s) and POA&Ms that varies from NIST 800-171 only in accordance with DFARS clause 252.204-7012(b)(2), for all covered contractor information systems affecting this contract.

b) Notwithstanding the allowance for such variation, the contractor shall identify in any SSP and POA&M their plans to implement the following, at a minimum:

(1) Implement Control 3.5.3 (Multi-factor authentication). This means that multi-factor authentication is required for all users, privileged and unprivileged accounts that log into a network. In other words, any system that is not standalone should be required to utilize acceptable multi-factor authentication. For legacy systems and systems that cannot support this requirement, such as CNC equipment, etc., a combination of physical and logical protections acceptable to the Government may be substituted;

(2) Implement Control 3.1.5 (least privilege) and associated Controls, and identify practices that the contractor implements to restrict the unnecessary sharing with, or flow of, covered defense information to its subcontractors, suppliers, or vendors based on need-to-know principles;

(3) Implement Control 3.1.12 (monitoring and control remote access sessions) - Require monitoring and controlling of remote access sessions and include mechanisms to audit the sessions and methods.

(4) Audit user privileges on at least an annual basis;

(5) Implement:

i. Control 3.13.11 (FIPS 140-2 validated cryptology or implementation of NSA or NIST approved algorithms (i.e. FIPS 140-2 Annex A: AES or Triple DES) or compensating controls as documented in a SSP and POAM); and,

ii. NIST Cryptographic Algorithm Validation Program (CAVP) (see https://csrc.nist.gov/projects/cryptographic-algorithm-validation-program);

(6) Implement Control 3.13.16 (Protect the confidentiality of CUI at rest) or provide a POAM for implementation which shall be evaluated by the Navy for risk acceptance.

(7) Implement Control 3.1.19 (encrypt CUI on mobile devices) or provide a plan of action for implementation which can be evaluated by the Government Program Manager for risk to the program.

3. Cyber Incident Response

a) The Contractor shall, within fifteen (15) days of discovering the cyber incident (inclusive of the 72-hour reporting period), deliver all data used in performance of the contract that the Contractor determines is impacted by the incident and begin assessment of potential warfighter/program impact.

b) Incident data shall be delivered in accordance with the Department of Defense Cyber Crimes Center (DC3) Instructions for Submitting Media available at http://www.acq.osd.mil/dpap/dars/pgi/docs/Instructions_for_Submitting_Media.docx. In delivery of the incident data, the Contractor shall, to the extent practical, remove contractor-owned information from Government covered defense information.

c) If the Contractor subsequently identifies any such data not previously delivered to DC3, then the Contractor shall immediately notify the contracting officer in writing and shall deliver the incident data within ten (10) days of identification. In such a case, the Contractor may request a delivery date later than ten (10) days after identification. The contracting officer will approve or disapprove the request after coordination with DC3.

4. Naval Criminal Investigative Service (NCIS) Outreach

The Contractor shall engage with NCIS industry outreach efforts and consider recommendations for hardening of covered contractor information systems affecting DON programs and technologies.

5. NCIS/Industry Monitoring

a) In the event of a cyber incident or at any time the Government has indication of a vulnerability or potential vulnerability, the Contractor shall cooperate with the Naval Criminal Investigative Service (NCIS), which may include cooperation related to: threat indicators; pre-determined incident information derived from the Contractor's infrastructure systems; and the continuous provision of all Contractor, subcontractor or vendor logs that show network activity, including any additional logs the contractor, subcontractor or vendor agrees to initiate as a result of the cyber incident or notice of actual or potential vulnerability.

b) If the Government determines that the collection of all logs does not adequately protect its interests, the Contractor and NCIS will work together to implement additional measures, which may include allowing the installation of an appropriate network device that is owned and maintained by NCIS, on the Contractor's information systems or information technology assets. The specific details (e.g., type of device, type of data gathered, monitoring period) regarding the installation of an NCIS network device shall be the subject of a separate agreement negotiated between NCIS and the Contractor. In the alternative, the Contractor may install network sensor capabilities or a network monitoring service, either of which must be reviewed for acceptability by NCIS. Use of this alternative approach shall also be the subject of a separate agreement negotiated between NCIS and the Contractor.

c) In all cases, the collection or provision of data and any activities associated with this statement of work shall be in accordance with federal, state, and non-US law.

(End of Text)

C-211-H017 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (DEC 2018)

The contractor may request that this contract be updated to include the current version of the applicable specification or standard if the update does not affect the form, fit or function of any deliverable item or increase the cost/price of the item to the Government. The contractor should submit update requests to the Procuring Contracting Officer with copies to the Administrative Contracting Officer and cognizant program office representative for approval. The contractor shall perform the contract in accordance with the existing specifications and standards until notified of approval/disapproval of its request to update by the Procuring Contracting Officer. Any approved alternate specifications or standards will be incorporated into the contract.

C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)

Approval by the Government as required under this contract and applicable specifications shall not relieve the Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.

C-217-H001 PROVISIONED ITEMS 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.

C-237-H002 SUBSTITUTION OF KEY PERSONNEL (NAVSEA) (OCT 2018)

(a) The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed. Accordingly, the Contractor agrees to assign to this contract those key persons whose resumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Officer in accordance with this requirement. Substitution shall include, but not be limited to, subdividing hours of any key personnel and assigning or allocating those hours to another individual not approved as key personnel.

(b) All proposed substitutes shall have qualifications equal to or higher than the qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any proposed substitution at least fortyfive (45) days, or ninety (90) days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include: (1) an explanation of the circumstances necessitating the substitution; (2) a complete resume of the proposed substitute; (3) an explanation as to why the proposed substitute is considered to have equal or better qualifications than the person being replaced; (4) payroll record of the proposed replacement; and (5) any other information requested by the Contracting Officer to enable him/her to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

(c) Key personnel are identified in an attachment in Section J.

C-242-H001 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (OCT 2018)

(a) As part of the negotiated fixed price or total estimated amount of this contract, 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 $1,000 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.

C-243-H001 CONTRACTOR PROBLEM IDENTIFICATION REPORTS (NAVSEA) (OCT 2018)

(a) Contract Problem Identification Reports (CPIRs) shall be used by the Contractor for the purpose of alerting the Government to actual or potential contract problems and of establishing an early dialogue between the Contractor and the Government with regard thereto.

(b) A "contract problem" is a fact or circumstance of which the Contractor is aware that does, will or reasonably is anticipated to (1) have a significant or substantial impact on the delivery schedule or completion of contract performance or the cost of performance of the contract (increase or decrease) or (2) requires modification to the contract or specification(s). The terms "significant" and "substantial" shall be interpreted in the same manner as they would be interpreted by a reasonably prudent business person under the relevant circumstances.

(c) The Contractor shall report each contract problem promptly and in no event later than ten (10) calendar days, after the Contractor identifies such contract problem. A written CPIR shall be transmitted via the Administrative Contracting Officer (ACO) to the Procuring Contracting Officer and to the cognizant NAVSEA Program Office. Each CPIR shall be entitled "Contract Problem Identification Report", shall be dated, numbered sequentially and shall set forth the following based on the best and most complete information then known or available to the Contractor:

(1) The nature of the contract problem;

(2) The date on which the contract problem arose and the date on which the contract problem was identified as such;

(3) The anticipated direct and consequential effects of the contract problem upon the delivery schedule or completion of contract performance or the cost of performance of the contract;

(4) Identification of the supplies and/or services which are or may be affected; and

(5) The Contractor's recommended solution to the reported contract…