N0002421R2255 Amendment 5.pdf

N0002420NR53085

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this Amendment is the follow ing:

1. Update Section C to incorporate Post Delivery Reassembly ELINS A040, B040, C040, D040, E040, F040, and G040 if options are exercised.

2. Update Section H to add conditions for payment for Post Delivery Reassembly ELINS.

3. Update Section J to revise Attachment 8 to include Post Delivery Reassembly ELINs.

1. CONTRACT ID CODE PAGE OF PAGES

1 14

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 21-Jun-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N0002421R2255

X 9B. DATED (SEE ITEM 11)

17-May-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

21-Jun-2021

CODE

NAVAL SEA SYSTEMS COMMAND

1333 ISAAC HULL AVENUE S.E.

BLDG 197 ROOM 4W2611, STOP 1122

WASHINGTON DC 20376

N00024 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0002421R2255

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

SECTION C

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PART 1 – GENERAL STATEMENT OF WORK

PART 2 – CONTRACT LINE ITEM NUMBER DESCRIPTIONS

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

PART 4 – STANDARD CLAUSES

C-1 PART 1 – GENERAL STATEMENT OF WORK

This Statement of Work (SOW) defines the effort required for the design, construction, testing, configuration control, documentation, and program management for the acquisition of Workboat Medium boats.

Unless otherwise specified, any requirement that references “craft,” “ship,” “ships,” “boat,” “boats,” “vessel,” or

“vessels” shall be applicable to the boats procured under this Contract.

Award of this contract does not guarantee all of these efforts will be conducted. The Contractor will only conduct efforts upon the award of specific delivery order invoking the ELIN’s in Section B in accordance with the detailed description in Section C, Parts 2 and 3 and the contract.

Only the Procuring Contracting Officer (PCO) has the authority for the U.S. Navy to authorize or change work and sign contract documents. No other personnel are authorized by their formal communications or by their course of conduct to commit the U.S. Navy to price changes, schedule changes, or to perform different or additional work.

The Contractor shall only execute tasking or requests for support under this contract when such direction comes from, or is agreed to by, the PCO.

The award of the contract does not indicate the Government has approved or certified the design provided with the proposal. The Contractor shall remain fully responsible for delivering the boat, which meets the requirements of this

Contract.

C-1.1 BACKGROUND

Commander, Navy Installations Command (CNIC) has overall shore installation management responsibility in support of Naval operations. The mission of the CNIC Workboat Medium is to provide naval shore installations with capability to meet various port operations and barrier tending requirements. This includes the ability to safely assist barges, submarines, and other naval vessels, open and close security barriers, and to tow/push floating port operations support equipment. In order to meet these objectives, the boat must include propulsion equipment that is optimized for bollard pull, be highly maneuverable, and include a Cabin that is climate controlled and that provides shelter for the operators from extreme weather. CNIC boats are centrally procured via the US Navy Boat and Craft

Program Office, PEO SHIPS (PMS 325G).

C-1.2 QUANTITIES

The resulting contract will be a seven-year Indefinite Delivery, Indefinite Quantity (IDIQ) contract for an estimated fifty-three (53) boats.

C-1.3 DESIGN, MANAGEMENT AND PRODUCTION

The Contractor will be responsible for managing all activities (design, engineering, logistics, testing and production) under this contract for successful execution. After award the Government will conduct a Design Maturity Review in accordance with C-3.042-1.2 with the Contractor that will occur prior to the start of Initial Production.

C-2 PART 2 – CONTRACT LINE ITEM NUMBER DESCRIPTIONS

C-2.1 CLIN 0001 (AND CLINS 1001, 2001, 3001, 4001, 5001, and 6001 IF OPTIONS ARE EXERCISED) –

WORKBOAT MEDIUM BOAT

The Contractor shall construct the boat in accordance with Section C-3 below and the Specification (Attachment 1).

All boat-specific efforts shall be included in the pricing for CLINs 0001 including:

C-2.1.1 Boat – The Contractor shall provide the boat in accordance with the Specification (Attachment 1).

C-2.1.2 UID – The Contractor shall provide UIDs for each boat in accordance with (Attachment 6).

C-2.1.3 Boat Spares – The Contractor shall provide initial boat spares for each boat in accordance with

Attachment 3 and Section C-3 below. Spares shall be packaged in accordance with Section D of this contract.

C-2.1.4 Copy of Boat Specific Technical Data Package (TDP) – The contractor shall provide for each boat one (1) hard copy and one (1) electronic copy (CD/DVD) of the Final TDP developed under CLIN 0001 (and if exercised CLINs 1001-6001) specific to each boat.

C-2.2 CLIN 0002 – TECHNICAL DATA PACKAGE NON-RECURRING ENGINEERING

The Contractor shall develop the Technical Data Package (TDP) in accordance with Section 085 of the Specification

(Attachment 1). Boat-specific TDP contents shall be included under the Boat CLIN and shall be provided with each boat.

C-2.3 CLIN 0003 – Reserved

C-2.4 CLIN 0004 – PROVISIONED ITEMS ORDERS (PIO) SPARES

If exercised, the Contractor shall provide spare and repair parts, special tools, test equipment, materials and related support not envisioned at the time of award, in accordance with the requirements herein and the clause entitled

“PROVISIONED ITEM ORDER – ALTERNATE II”.

C-2.4-1 CLIN 0005- ECP/RFV

This CLIN is reserved for Engineering Changes Proposals and RFVs in accordance with Section C-3.042-6.

C-2.5 ELIN A001 (AND ELINS B001, C001, D001, E001, F001, and G001 IF OPTIONS ARE EXERCISED) –

PRE-DELIVERY INSPECTIONS AND TRIALS (PDIT)

The Contractor shall perform boat Pre-Delivery Inspections and Trials (PDIT), in accordance with Section C, Part 3 and the Specification (Attachment 1) Section 094.

C-2.6 ELIN A002-A018 (AND ELINS B002-B018, C002-C018, D002-D018, E002-E018, F002-F018, and G002-

G018 IF OPTIONS ARE EXERCISED) – SHIPPING

If exercised, the Contractor shall deliver the boat and initial boat spares to the location specified in Section F

(Deliveries or Performance) and in accordance with Section C, Part 3 and packaged in accordance with Section D.

Spares shall be shipped to the same location either with the boat or via separate shipping. Any reassembly and reactivation needed as a result of shipping shall be performed at a local yard prior to delivery at the location specified in Section F. For stock point deliveries, the boat shall be delivered with the Cabin removed and reusable waterproof cover for hull installed for further transport to end user location by the Government.

C-2.7 (OPTION) ELIN A019-A034 (AND ELINS B019-B034, C019-C034, D019-D034, E019-E034, F019-

F034, and G019-G034 IF OPTIONS ARE EXERCISED) – CREW FAMILIARIZATION

The Contractor shall provide crew familiarization and training, in accordance with Section C, Part 3.

C-2.8 (OPTION) ELIN A035 (AND ELINS B035, C035, D035, E035, F035, and G035 IF OPTIONS ARE

EXERCISED) – ENGINE DIAGNOSTIC LAPTOPS

The Contractor shall procure, ship, and deliver the engine diagnostic software and cables in accordance with the

Specification (Attachment 1). All laptops shall be delivered to the Naval Surface Warfare Center Carderock, Combatant Craft Department (St. Julien’s Creek) for Cybersecurity initialization as specified in the delivery order.

C-2.9 (OPTION) ELIN A036-A038 (AND ELINS B036-B038, C036-C038, D036-D038, E036-E038, F036-

F038, and G036-G038 IF OPTIONS ARE EXERCISED) – POST DELIVERY REASSEMBLY

NSASOUDABAY, CFAY, and CFAS

If exercised, the Contractor shall travel and reassemble the boat at the shipping location specified in Section F.

C-2.10 (OPTION) ELIN A039 (AND ELINS B039, C039, D039, E039, F039, and G039 IF OPTIONS ARE

EXERCISED) – COLD WEATHER PACKAGE

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

C-2.11 (OPTION) ELIN A040 (AND ELINS B040, C040, D040, E040, F040, and G040 IF OPTIONS ARE

EXERCISED) – ADDITIONAL POST DELIVERY REASSEMBLY

If exercised, this ELIN represents only the labor for post-delivery reassembly of additional boats delivered to the same location at the same time and require the Contractor to travel and reassemble the boats at the location specified in Section F. The pricing for the initial boat reassembly and reactivation shall be included in A002-A018 (AND

ELINS B002-B018, C002-C018, D002-D018, E002-E018, F002-F018, and G002-G018 IF OPTIONS ARE

EXERCISED) – SHIPPING ELINs. (i.e. if 2 boats are shipped to CNRSW an arrive at the same time; travel, reassembly, and reactivation for boat 1 should be priced in ELINs 002-018 and ELIN 040 should only be priced for the labor for reassembly and reactivation for boat 2. The Government will should not be charged for additional travel when it will all be done in the same trip.)

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

C-3.042-1 CONFERENCES AND REVIEWS

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

C-3.042-1.1 Post Award Conference: The Contractor shall conduct a PAC with the Government within thirty

(30) days after contract award and subsequent boat options, if exercised. The conference will be held at the

Contractor’s facility or by phone at the Government’s discretion. The purpose of the conference is to (1) review the contract and technical documents, (2) review the technical and schedule requirements, and (3) discuss the roles and working relationships between the Contractor and the Government.

C-3.042-1.2 Design Maturity Review (DMR): The Contractor shall schedule and host Government personnel for a (DMR) prior to the start of construction of the first boat. The purpose of the DMR is to demonstrate that the design is sufficiently mature to start construction and that the status of material ordering and delivery will support the proposed build schedule. Any potential risk areas shall be identified and mitigation plans discussed.

The Government shall be satisfied that all requirements in the Specification (Attachment 1) have been incorporated into the design. The Government will notify the Contractor within seven (7) days of the completion of the DMR whether or not the start of construction is authorized.

The following shall be provided for the Design Maturity Review:

1. Updated Design, Production, and Delivery Schedule, including:

a. Construction facilities: The Contractor shall provide evidence of the facilities readiness,

b. Production Manning: The Contractor shall provide evidence that manning resources are available to support planned production,

2. Material and purchased parts status, including but not limited to:

a. hull and deck materials,

b. major equipment,

c. long-lead time items.

3. Preliminary Master Data Index.

4. DRAFT Technical Design Analyses for final Government Approval:

a. Allocated Baseline Weight Estimate (ABWE),

b. Initial Stability geometry and run files used in the analysis).

5. Preliminary Technical Design Analyses demonstrating approach and maturity of the design, including but not limited to:

a. Electrical load analysis,

b. Cabin HVAC Sizing and Insulation Design,

c. Engine Room Ventilation Sizing and Design.

6. Preliminary construction drawings to support reviews of Technical Design Analyses and demonstrate the approach to meet the Specification, including but not limited to:

a. Outboard Arrangement Drawing,

b. Inboard Arrangement Drawing,

c. AC and DC Electrical One Line Drawings,

d. Winch Hydraulic System Schematic,

e. Hoisting Drawing,

f. Towing Arrangement Drawing.

7. Description of approach to completing Preliminary Test Plans, including but not limited to:

a. Bollard Test,

b. Scale Weight,

c. Pull Tests,

d. Fuel Tank(s) and System(s) Pressure Tests

8. Specification Review of Proposed Equipment, submitted in Microsoft Word/Excel format for review of proposed commercial off-the-shelf (COTS) products intended to meet the requirements of the specification for the following, at minimum:

a. Electrical cabling and circuit protection,

b. Lighting,

c. HVAC systems,

d. Fendering

e. Safety equipment (e.g. detectors, alarms, etc.),

f. Outfitting,

g. Any proposed brand name “equals” (see Attachment 1 Section 042),

h. Any additional items identified by the Contractor or Government during the Post Award

Conference.

9. Requests For Variance (RFV): There shall be no open RFVs. Contract Problem Identification

Reports (CPIRs) shall have a documented resolution.

10. Risk Assessment: an assessment of risk and the risk management approach to eliminate or mitigate those risks.

C-3.042-1.2 Progress Reviews: Progress Reviews shall be held at the Contractor’s discretion or by

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

C-3.042-2 CONFIGURATION MANAGEMENT

The contractor shall maintain Configuration Management of the boats in accordance with Section C, Part 4 Clause

C-243-H003 CONFIGURATION MANAGEMENT (NAVSEA)(JAN 2019). The baseline configuration is set on the acceptance of the initial hull.

C-3.042-3 WARRANTY

The Contractor will correct defects for the boat and all installed equipment, for minimum of one (1) year, starting from the date the boat enters service with the Navy's end-user in accordance with the warranty provided in

Attachment 7, Warranty Terms. Notification of official in-service date will be provided to the builder by the U.S.

Navy Boat Inventory Manager. Note to Builders: Boats procured for the Navy may sit in stock (outdoors in uncovered storage) for up to twelve (12) months prior to issue to the Navy end-user.

C-3.042-4 PROGRAM MANAGEMENT

Roles and Responsibilities

C-3.042-4.1 The Contractor shall establish a project management structure that ensures overall quality of the boat components, consistent with their chosen engineering and manufacturing approach.

C-3.042-4.2 The Contractor shall designate a Project Manager (PM) to serve as the principal representative of the Contractor throughout the duration of contract performance. The PM shall be responsible for the performance of the contract and on-time delivery of technically compliant boats and associated equipment. At all times, the PM shall have the responsibility for ensuring program integrity and overall contract performance.

The contractor shall ensure that administration, logistics, financial and other task requirements pertinent to contract performance are addressed.

C-3.042-4.3 The Government points of contact are listed in the clause “G-242-H001 GOVERNMENT

CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND RESPONSIBILITIES (NAVSEA) (OCT

2018)”

C-3.042-5 INVOICES

The Contractor shall provide affidavits or invoices from the suppliers of all essential materials used in accordance with Section 085 of the Specification (Attachment 1) in the construction of the boat. The affidavits or invoices shall be used together with records identifying the lot or serial numbers of the boat in which such materials were used.

C-3.042-6 ENGINEERING CHANGE PROPOSALS / REQUESTS FOR VARIANCE

(a) Upon discovery, the Contractor shall notify the Government of any issues with obsolete components. The

Contractor shall notify the Government as soon as possible of an obsolete component impacting system performance or production schedule. Routine one-for-one component replacements can be addressed by submission of a RFV, Form DD1694. Where more complex design changes are required, the Contractor shall submit an Engineering Change Proposal (ECP).

(b) Engineering Change Proposal’s shall be prepared when the Government directs a change in accordance with form DD1693 format and the requirements of the contract. An ECP should be submitted whenever the detail level physical configuration, material quality, operational or functional performance of equipment or installed systems will not be in compliance with baseline design-related documents (Specifications, Contract Drawings, etc.), and a change to the baseline document is considered an appropriate means of resolving a design-related issue.

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

C-3.080-1 SPARES

Boat and PIO Spares:

C-3.080-1.1 Boat (initial) Spares: The Contractor shall provide initial spares for each boat as outlined in the

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

C-3.080-1.2 Updates: The Contractor shall recommend updates to the contract spares list throughout the life-cycle of this contract. It is anticipated that parts will become obsolete or newer parts will become available that should be provided as part of spares offered.

C-3.080-1.3 PIO Spares: If ordered, the Contractor shall provide PIO spares in accordance with C-217-H003

PROVISIONED ITEMS ORDERS—ALTERNATE II.

C-3.080-2 PACKAGING - See Section D of the contract.

C-3.080-3 DELIVERY

C-3.080-2.1 If the Government does not order the ELIN A002-A018, B002-B018, C002-C018, D002-D018, E002-E018, F002-F018, or G002-G018 for Delivery the boat is to remain assembled and operational (to include fuel – min ¼ tank). The Government will arrange for pick-up at builder’s facility.

C-3.080-2.2. If ELIN A002-A018, B002-B018, C002-C018, D002-D018, E002-E018, F002-F018, or G002-

G018 for Delivery is exercised, the Contractor shall deliver the boats to the location, as specified in Section F of the basic contract. The boats shall be packaged for shipping in accordance with Section D of this contract. The boat shall be delivered fully assembled and operational (to include fuel – min ¼ tank). Reassembly cannot take place at the Government facility. Pricing for reassembly and reactivation shall be included in this ELIN

(including transport, crane service, labor, and off-base laydown area/pier space).

C-3.080-3 UNIQUE ITEM IDENTIFICATION

The Contractor shall provide Unique Item Identification (UID) and Documentation for every boat in accordance with DFARS Clause 252.211-7003 and the requirements provided in the UID (Attachment 6).

C-3.080-4 ESSENTIAL CYBERSECURITY COMPONENTS (ECSC) DOCUMENTATION

For each boat the Contractor shall document and provide Essential Cybersecurity Component (ECSC) documentation in accordance with Section 085 of the Specification (Attachment 1) and Technical Data

Package (TDP).

C.3.085-1 TECHNICAL DATA PACKAGE

C.3.085-1.1 General: The Contractor shall provide a copy of the TDP with each boat in accordance with

Section 085 of the Specification (Attachment 1). The costs (e.g. print, arrange, bind, etc.) to provide a copy of the TDP, including updating boat applicability and individual boat certifications, shall be included in the unit prices under the Boat CLIN 0001. Any TDP non-recurring engineering shall be proposed under CLIN 0002.

C.3.085-1.2 Drawing Format: Drawings shall be provided in hard copy, DWG/DXF format and PDF format.

Boat technical manual and COTS manuals, instructions or cut sheets, certifications, analyses, master data index, and all other data shall be provided in hard copy and PDF format. Calculations, Bill of Material, and ECSC documentation shall be submitted in their native electronic format.

C.3.085-1.3 Data Security: Most of the data in the TDP is considered Controlled Unclassified Information

(CUI) and therefore, the Contractor shall exchange data with the Government via a Government provided

Integrated Digital Environment (IDE) or Government approved File Exchange Server utilizing appropriate

Public Key Infrastructure/Information Assurance protocols.

C.3.085-1.4: Submittals: Technical Design Analyses, Test Certification Plans, and other data requiring prior

Government approval shall be submitted electronically to the TPOC in accordance with the Specification

(Attachment 1).

A complete preliminary TDP shall be submitted electronically to the TPOC a minimum of forty-five (45) days prior to pre-delivery inspection and trials (PDIT). The TDP shall be organized into a folder structure consistent with the format of the Master Data Index (MDI). The Government will provide initial comments and questions on the preliminary TDP. Early submittals are encouraged and will be reviewed as soon as practicable.

One hard copy of the TDP and one electronic copy of the TDP shall be provided at PDIT for additional

Government review. Any additional TDP comments will be included in the PDIT Discrepancy List. The

Contractor shall respond to the comments either by correction/incorporation or by providing Contractor responses (e.g. resolution plan, notification of boat correction, clarification questions, etc.) within 15 days of the

PDITs.

One (1) hard copy and one (1) electronic copy (CD/DVD) of the Final TDP (with all comments incorporated) shall be provided with the delivery of each boat. One (1) electronic copy of the Final TDP (with all comments incorporated) shall be submitted to the Government TPOC concurrent with delivery of the first boat.

C.3.085-1.5: TDP Acceptance: Government acceptance of the preliminary technical analysis package, preliminary TDP, and final TDP for payment events is predicated upon accuracy (data matching the as-built configuration of the boat) and completeness (all technical data provided with status/rationale provided for any outstanding/missing data).

C-3.085-2 DATA RIGHTS

C-3.085-2.1 It is the Government's desire that all non-commercial technical data (TD) included in the TDP

(baseline or as modified by any Engineering Change Proposals) be delivered with a minimum of Government

Purpose Rights (as defined in DFARS 252.227-7013 and 252.227-7014). If the Offeror proposes to deliver commercial TD, it is the Government’s desire to obtain a license to the commercial TD that would grant the

Government the equivalent of Government Purpose Rights as a minimum. The Government’s overall goal is to have the ability to maintain, modify, and repair the vessel and its systems, to include providing that information to third parties for the purpose of developing and executing the required work expediently. All TDP deliverables shall be marked with appropriate data rights legends per DFARS 252.227-7013 and 252.227-7014 as applicable.

C-3.085-2.2 The Contractor’s Data Rights assertions will be incorporated in the contract as Attachment 5.

C-3.085-2.3 End Use License Agreement Indemnification:

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

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

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

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

C-3.085-2.4 If the Contractor ceases doing business and/or cannot fulfill its obligations under this contract, the

Government shall automatically be granted Government Purpose Rights to all existing data developed under this contract.

C-3.092-1 TEST CERTIFICATIONS

Test certification, Builder’s Trials, and documentation for items in the Specification (Attachment 1) Section 092 shall be provided in electronic format (PDF). All pull test plans shall be submitted to the Government TPOC and approved prior to testing as indicated in the Specification (Attachment 1). Unless an earlier submittal is required, testing results for the first boat shall be submitted a minimum of three (3) business days prior to PDIT start date to the Government TPOC. Testing results for each subsequent boat shall be submitted no less than five (5) days prior to shipment of the boat to NSWCCD Code 83 (e-mailed to brian.mishoe@navy.mil).

C-3.094-1 BUILDER’S TRIALS (BT)

The Contractor shall perform and submit the first boat BT results in electronic format (PDF) a minimum of three (3) business days prior to PDIT start date to the Government TPOC. BT results of each subsequent boat shall be submitted no less than five (5) days prior to shipment of the boat to NSWCCD Code 83 (e-mailed to brian.mishoe@navy.mil). These trials and reports shall be conducted in accordance with the Specification

(Attachment 1) Section 094.

C-3.094-2 PRE-DELIVERY INSPECTION AND TRIAL (PDIT)

C-3.094-2.1 General: The Contractor shall schedule and host Government personnel to inspect and conduct sea trials on selected boats. These trials shall be conducted in accordance with the Specification (Attachment 1)

Section 094.

C-3.094-2.2 Notification of Trials: The Contractor shall provide a minimum of forty-five (45) days’ notice of date of PDIT, and it is recommended the Contractor schedule PDIT no later than three (3) weeks prior to the contracted delivery date to allow sufficient time for required evolutions (i.e. PDIT discrepancies corrections, shipping, and receipt at destination). Scheduling in this manner will ensure contracted delivery dates are met.

Notification of PDIT date(s) and agenda/test plan shall be provided to the Government APM.

C-3.094-2.3 Trials Readiness: If upon arrival, the Government and the Builder are unable to satisfactorily perform the PDIT as outlined in the Specification (Attachment 1) Section 094-2, the Builder may be held financially responsible for cost reimbursement of Government and/or Government representative's travel and labor associated with PDITs. The Contractor shall notify the Government of any PDIT delays no later than five

(5) days before planned arrival. Written notice of PDIT delay shall be accompanied by a request of extension to the Contracting Officer and Program Office Point of Contact. If as a result a delayed PDIT or other delays resulting from this action the builder cannot meet the contractual delivery date, consideration for late delivery shall be required. FAR Clause 52.246-2(e)(1) will be exercised at Government’s discretion for potential

Contractor liabilities if PDIT cannot be satisfactorily performed after arrival of the Government PDIT team on-site. A typical PDIT takes place over 5 days.

C-3.094-2.4 Pre-Transport Inspection: The Government reserves the right to schedule and conduct a Pre-

Transport Inspection. The Pre-Transport Inspection is intended to reduce the likelihood of major discrepancies at the post-delivery inspection.

C-3.094-2.5 Acceptance: Satisfactory inspection and verification, including TDP reviews (i.e. drawings, manuals, certifications, etc.), proper operation of the boat, and corrections of PDIT discrepancies are conditions for final acceptance of the boat by the Government. All PDIT and TDP discrepancies must be resolved/corrected by the Contractor prior to delivery. Any unresolved discrepancies may result in acceptance and/or payment delays.

C-3.099-1 PHOTOS

Photographs for items listed in the Specification (Attachment 1) shall be submitted to the Government TPOC electronically (jpeg format) as stages or parts are completed.

C-3.100 BOAT CREW FAMILIARIZATION AND TRAINING

mailto:brian.mishoe@navy.mil

The Contractor shall provide basic familiarization and training at the End User’s location or at the Builder’s Facility.

End User locations are defined in Section F. Crew familiarization shall include boat assembly, boat operations, main equipment operations and repairs and maintenance. This training shall include builder and/or OEM training and component change out procedures on engines, air conditioners, electrical systems (DC and AC), reduction gears, propellers, hydraulic systems, deck winches, and navigation system. Underway operations shall include but not be limited to: maneuvering, towing (alongside and astern) and pushing. Training (at minimum) shall be three (3) days at Builder or End User’s location, as ordered, for up to ten (10) students. Contractor shall provide all training materials (e.g. manuals, checklists, briefing materials, etc.). The contractor is required to provide fuel for crew familiarization.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H

PAYABLE EVENTS

(a) Definitions.

Boat Contract Line Item (CLIN): For the purpose of this commercial interim payment requirement, “Boat CLIN” is defined as the price of the CLIN not inclusive of the ELIN Options (except for cold weather package ELINS

A039, B039, C039, D039, E039, F039, and G039) defined in Attachment 8.

(b) Adequate Security.

In accordance with 52.232-29, the contractor must provide adequate security to receive contract financing. If the contractor’s financial condition is accepted as adequate security for inclusion of financing terms in the contract, the contractor shall provide annual financial statements to the Government and immediately notify the Government if there is a change in the company’s financial condition. If the contractor’s financial condition is no longer acceptable as adequate security, the contractor shall, at no additional cost to the Government, provide additional adequate security, or the Government may no longer provide contract financing. FAR 32.202-4 paragraphs (b), (c), and (d) list forms of security that may be acceptable, to include but not limited to: a paramount lien, other assets, or other forms of security such as a letter of credit, bond, guarantee of repayment, or title to assets.

(c) The Government will offer financing based on terms of contracting officer-specified commercial contract financing. Contract financing shall not be a factor in the evaluation of resulting proposals, and proposals of alternative financing terms shall not be accepted. However, an offer stating that the contracting officer-specified contract financing terms will not be used by the offeror does not alter the evaluation of the offer, nor does it render the offer nonresponsive or otherwise unacceptable. In the event of award to an offeror who declined the proposed contract financing, the contract financing provisions shall not be included in the resulting contract. Contract financing shall not be a basis for adjusting offerors’ proposed prices, because the effect of contract financing is reflected in each offeror’s proposed prices.

(d) The Schedule of Payments and Payable Events listed below is notional and may be adjusted based on the

Contractor’s build strategy after contract award. For each Delivery Order, the Government will divide the total price of the ordered boat CLIN, as applicable, in Section B of the contract into the tasks listed in the table below to calculate the interim finance payments. Interim payments shall be made upon completion and acceptance of each task in the following sequential order as described below:

Payments shall be made in accordance with the following payment schedule:

Event

Number Milestone

Event %

Value

% of Task

Completed

1 Post Award Conference Completed 3% 3%

2 Design Maturity Review 5% 8%

Purchase Order Receipt and Validation of Major

Components* 15% 23%

Delivery by Contractor of Progress Report Validating

Start of Production and Photographic Evidence of Receipt of Major Components * 20% 43%

5 Delivery of Preliminary TDP 3% 46%

6 Completion and Acceptance of PDIT 3% 49%

7 Acceptance of Boat * 50% 99%

8 Retentions 1% 100%

* Further calculated on a per boat basis

EVENT #1 – Post Award Conference Completed

Upon the Government’s approval of the minutes of the meeting and contractor submitting a preliminary consolidated BOM (required 30 days after award), the Contractor may invoice the Government for 3% of the Boat

CLIN.

*Note pertaining to completeness of the TDP’s Bill of Materials (BOM): The BOM as defined by Attachment 1 must have minimal errors or omissions for payment.

EVENT #2 - Design Maturity Review

Upon the Government’s approval of the mold and minutes of the Design Maturity Review, the Contractor may invoice the Government for 5% of the total Boat CLIN value. Where Design Maturity Review is not required after option exercise, the Government will combine this payment with EVENT 3.

EVENT #3 – Purchase Order Receipt and Validation Major Components

Upon delivery by the Contractor of the progress report validating the start of production of the ordered boats and submission and confirmation documentation of Purchase Orders for major components (engines, propellers, marine gear, winches, and navigation equipment) and raw material suppliers to the WAWF primary POC, the Contractor may invoice the Government for 15% of the Boat CLIN value, further calculated on a per boat basis.

Note pertaining to EVENT #3 the confirmation documentation submitted for the purchase orders from major component and raw material suppliers shall show related delivery schedule as well as terms and conditions.

EVENT #4 – Start of Production

Upon photo evidence of receipt of major component (engines, propellers, marine gear, winches and navigation equipment) and raw material received and on site and unique serial numbers for these components have been provided to the WAWF primary POC, the Government will provide payment of 20% of the Boat CLIN value, further calculated on a per boat basis.

EVENT #5 – Delivery of Preliminary TDP

Upon delivery by the Contractor of the preliminary Technical Data Package (TDP) (i.e., the TDP submission required 45 days prior to the official scheduled dates of Pre-Delivery Inspection and Boat Trials) and review and acceptance by the Government, the Government will provide a payment of 3% of the total Boat CLIN value. Where

Preliminary TDP is not required after option exercise, the Government will combine this interim payment with

EVENT 7.

EVENT #6 - Completion and Acceptance of PDIT

Upon successful completion and acceptance of PDIT by Government program office (PMS 325), the Government will provide a single payment of 3% of the total Boat CLIN value. Where PDIT is not required after option exercise, the Government will combine this payment with EVENT 7.

EVENT #7* - Acceptance of Boat

Upon acceptance of each boat and all deliverables at destination by the Government POC, the Government will provide a payment of 50% of the Boat CLIN, further calculated on a per boat basis.. All discrepancies must be resolved before invoicing.

*Note pertaining to Boat #1: All requirements of the contract, to include TDP, must be met before submission of invoice for payment on follow on boats. Failure to satisfy conditions of the contract for Boat #1 may result in rejection of future invoices.

EVENT #8 – Retentions

The payment schedule includes a 1% withholding to be used as a performance reserve. This is further calculated on a per boat basis for payment purposes. This reserve will remain in the possession of the Government until the expiration of the warranty period provided there is no uncompleted work remaining. The amount of this reserve released at the expiration of the warranty period is dependent on the value, determined by the Government, of any remaining unfinished work for which the Contractor is responsible. If at any time it appears to the Government that the amount of the performance reserve may be insufficient to meet the cost to the Government of finishing any unfinished work under the Contract for which the Contractor is responsible, or for correcting defects for which the

Contractor is responsible whether discovered before or during the warranty period, the Government may, in making payments under this requirement, deduct or withhold such additional amounts as it may deem necessary to render this reserve adequate.

(e) All conditions of Interim Payment Events must be met before submission of invoice for payment. Failure to satisfy any condition will result in rejection of invoice. Submission of invoices for partial payments will not be accepted unless noted.

(f) Any modifications to the contract totaling under $100,000 per modification shall not be subject to a recalculation of the interim payments. The increase or decrease in price shall be reflected in Payment Event #7 in its entirety and should be invoiced at such time as indicated in Payment Event #8.

(g) Any and all payments made hereunder shall be secured when made, by a paramount lien in favor of the

Government upon boat, articles, and items contracted for on account of all payments so made and on all material, equipment and other property acquired for or allocated to the performance of this contract or delivery order, except to the extent that the Government, by virtue of any other requirements of this contract or delivery order, or otherwise shall have valid title to such articles, things materials, or other property as against other creditors of the Contractor.

If such property is not identified by marking or segregation, the Government shall be deemed to have a lien upon a proportionate part of any mass of property with which such property is commingled. Any lien provided for by virtue of this paragraph is paramount to all other liens under the provisions of 10 U.S.C. § 2307.

(h) Title to the craft under construction shall vest in the Government and title to all materials and equipment acquired for the performance of the contract shall vest in the Government upon delivery thereof to the plan of the

Contractor or other place of storage selected by the Contractor whichever of said events shall first occur; provided however, that notwithstanding the foregoing requirements concerning title, in the event of loss, theft or destruction of or damage to any such property before preliminary acceptance by the Government, the Contractor shall bear the risk of any such loss, theft, destruction or damage.

(i) The Contractor shall also maintain adequate accounting control over such property on its books and records which shall be subject to examination by the Contracting Officer at all reasonable times to assure compliance with these requirements.

CONDITIONS FOR PAYMENT – CLINs 0002 and if Exercised 4005-0005

CLIN 0002 – Technical Data Package Non-Recurring Engineering: Payable with order of the first boat.

CLIN 0004 – PIO: Payable upon delivery and acceptance of PIO by the Government.

CLIN 0005- RFVs/ECP: Payable upon completion of engineering changes for the Government.

CONDITIONS FOR PAYMENT - ELINs

ELIN A001 and if Exercised B001, C001, D001, E001, F001, and G001 – Workboat Medium Pre-Delivery

Inspection and Trial: Payable upon successful completion of PDIT.

ELIN A002-A018 and if Exercised B002-B018, C002-C018, D002-D018, E002-E018, F002-F018, and G002-G018

– Workboat Medium Delivery: Payable upon delivery and acceptance of boat at specified location by the

Government.

ELIN A019-A034 and if Exercised B019-B034, C019-C034, D019-D034, E019-E034, F019-F034, and G019-G034

- Workboat Medium CrewFam: Payable upon successful completion of CrewFam of boat at specified location by the Government.

ELIN A035 and if Exercised B035, C035, D035, E035, F035, and G035 – Diagnostic Software & Laptop: Payable upon delivery and acceptance of software & laptop at location

ELIN A036-A038, B036-B038, C036-C038, D036-D038, E036-E038, F036-F038, G036-G038- Post Delivery

Reassembly NSASOUDABAY, CFAY, and CFAS: Payable upon delivery and acceptance of boat at specified location by the Government.

ELIN A040, B040, C040, D040, E040, F040, G040- Additional Post Delivery Reassembly: Payable upon delivery and acceptance of boat at specified location by the Government.

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J

Section J - List of Documents, Exhibits and Other Attachments

Attachment Number Attachment Name Revision/Modification

Attachment 1 Specification

(Will be incorporated into Contract upon award)

1 March 2021

Attachment 2 Specification Response Matrix

(Will be incorporated into Contract upon award)

Not Applicable

Attachment 3 Vendor Provided Spare Parts List (Will be incorporated into Contract upon award)

Not Applicable

Attachment 4 Delivery Schedule

(Will be incorporated into Contract upon award)

8 June 2021

Attachment 5 Technical Data Rights Assertion (Will be incorporated into Contract upon award)

Not Applicable

Attachment 6 Unique Idem Identification

(Will be incorporated into Contract upon award)

Not Applicable

Attachment 7 Warranty Terms

(Will be incorporated into Contract upon award)

Not Applicable

Attachment 8 ELIN Pricing Chart 21 June 2021

(Will be incorporated into Contract upon award and will be used to populate Section B)

Attachment 9 Past Performance Information

(For evaluation purposes only will not be incorporated into award)

Not Applicable

Attachment 10 Past Performance Questionnaire

(For evaluation purposes only will not be incorporated into award)

Not Applicable

(End of Summary of Changes)