N0002421R2255 Workboat Medium RFP DRAFT.docx

N0002421R2255

Section A - Solicitation/Contract Form

SECTION A

General Contract Information

1) This is a Total Small Business Set Aside under NAICS code 336612 with a size standard of 1,000

2) This is an Indefinite-Delivery, Indefinite-Quantity (IDIQ) with a Period of Performance (PoP) of 96 months from date of contract award. The PoP will contain one (1) base year and seven (7) option ordering periods over the life of the contract.

3) The guaranteed minimum order quantity will be four (4) boats in any variant combination over the life of the contract. The first Delivery Orders (DO) will be placed concurrently with the basic contract award. The Government is not obligated to order any quantity beyond the guaranteed minimum order.

4) The Contract maximum ceiling value will be completed at time of award and will be based on a calculation of a sum of the maximum amount for each Contract Line Item Numbers (CLINs) stated in Section B. The maximum amount for each CLIN in section B will be calculated using the most expensive unit price for each CLIN from Attachment 8 multiplied by the estimated maximum quantity for each CLIN stated in Section B.

5) This is a Firm Fixed Price (FFP) contract. Delivery Orders (Dos) will be issued against the CLINs and priced in accordance with the CLIN Pricing Sheet (Attachment 8) as proposed using the unit price(s) of the corresponding Ordering Period in which the order is placed for the respective CLINS.

6) Quantities noted in Section B of the resultant contract are for proposal purposed only and were used for evaluation. All quantities to be ordered under this contract shall be determined at the delivery order level.

7) The Government will use Attachment 8 pricing to populate Section B of the awarded contract.

Section B - Supplies or Services and Prices

CLIN Number 0001

Workboat Medium

FFP

The Contractor shall construct the Workboat Medium Base Boat as defined in the Attachment 1 and in accordance with Section C. The Workboat Medium Base Boat shall include the boat and ancillary equipage as defined within the contract and Attachment 1, as well as all configuration elements chosen at the Delivery Order Level off of Attachment 8 - Exhibit Line Item Number (ELIN) List. See Note A.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PURCHASE REQUEST NUMBER: N0002420NR53085

PSC CD: 1940

NET AMT

CLIN Number 0002

TDP-Non-Recurring Engineering

In accordance with Section C and Attachment 1.

FOB: Destination

NET AMT

CLIN Number 0003

Reserved

This CLIN is reserved for future use.

NET AMT

CLIN Number 0004

FFP

The Contractor shall provide additional spares in accordance with Provisioned Item Order (PIO) clause and as specified in the Delivery Order See Note A and B.

FOB: Destination

NET AMT

CLIN Number 0005

Each

FFP

To accommodate future Engineering Change Proposal(s) (ECP) and Requests for Variance (RFV) for contract POP. See Note D.

FOB: Destination

NET AMT

CLIN Number 1001

FFP

The Contractor shall construct the Workboat Medium Base Boat as defined in the Attachment 1 and in accordance with Section C. The Workboat Medium Base Boat shall include the boat and ancillary equipage as defined within the contract and Attachment 1, as well as all configuration elements chosen at the Delivery Order Level off of Attachment 8 - Exhibit Line Item Number (ELIN) List. See Note A.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

NET AMT

CLIN Number 2001

FFP

The Contractor shall construct the Workboat Medium Base Boat as defined in the Attachment 1 and in accordance with Section C. The Workboat Medium Base Boat shall include the boat and ancillary equipage as defined within the contract and Attachment 1, as well as all configuration elements chosen at the Delivery Order Level off of Attachment 8 - Exhibit Line Item Number (ELIN) List. See Note A.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

NET AMT

CLIN Number 3001

FFP

The Contractor shall construct the Workboat Medium Base Boat as defined in the Attachment 1 and in accordance with Section C. The Workboat Medium Base Boat shall include the boat and ancillary equipage as defined within the contract and Attachment 1, as well as all configuration elements chosen at the Delivery Order Level off of Attachment 8 - Exhibit Line Item Number (ELIN) List. See Note A.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

NET AMT

CLIN Number 4001

FFP

The Contractor shall construct the Workboat Medium Base Boat as defined in the Attachment 1 and in accordance with Section C. The Workboat Medium Base Boat shall include the boat and ancillary equipage as defined within the contract and Attachment 1, as well as all configuration elements chosen at the Delivery Order Level off of Attachment 8 - Exhibit Line Item Number (ELIN) List. See Note A.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

NET AMT

CLIN Number 5001

FFP

The Contractor shall construct the Workboat Medium Base Boat as defined in the Attachment 1 and in accordance with Section C. The Workboat Medium Base Boat shall include the boat and ancillary equipage as defined within the contract and Attachment 1, as well as all configuration elements chosen at the Delivery Order Level off of Attachment 8 - Exhibit Line Item Number (ELIN) List. See Note A.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

NET AMT

CLIN Number 6001

FFP

The Contractor shall construct the Workboat Medium Base Boat as defined in the Attachment 1 and in accordance with Section C. The Workboat Medium Base Boat shall include the boat and ancillary equipage as defined within the contract and Attachment 1, as well as all configuration elements chosen at the Delivery Order Level off of Attachment 8 - Exhibit Line Item Number (ELIN) List. See Note A.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

NET AMT

CLIN Number 7001

FFP

The Contractor shall construct the Workboat Medium Base Boat as defined in the Attachment 1 and in accordance with Section C. The Workboat Medium Base Boat shall include the boat and ancillary equipage as defined within the contract and Attachment 1, as well as all configuration elements chosen at the Delivery Order Level off of Attachment 8 - Exhibit Line Item Number (ELIN) List. See Note A.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

NET AMT

CLAUSES INCORPORATED BY REFERENCE

SECTION B NOTES

Note A: Optional items to which the option clause in 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989) (NAVSEA VARIATION I) (SEP 2009) applies are marked as (Option) and are 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 B: Provisional amounts are subject to adjustment under the clause of this contract entitled “PROVISIONED ITEMS ORDERS – ALTERNATE II” for supplies or other requirements ordered pursuant to said clause. The amounts shown are for planning purposes only. Amount in actual orders, if any orders are issued, will be individually negotiated and priced. All orders hereunder are to be firm-fixed price.

NOTE C: Reserved

Note D: All future contract modifications resulting from Engineering Change Proposals and/or Request for Variance will be negotiated using the rates as stated in the following table. The table below will be populated with information as entered into Attachment 8 and will be used for the entire period of performance.

(per Hour)

Section C - Descriptions and Specifications

STATEMENT OF WORK

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 an eight-year Indefinite Delivery, Indefinite Quantity (IDIQ) contract for an estimated fifty-five (55) 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, 6001, and 7001 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). The boat shall be delivered fully assembled and operational, to include fuel, min ¼ tank.

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 1001-7001) 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, G001, and H001 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, G002-G018, and H002-H018 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-2.6 (OPTION) ELIN A019-A034 (AND ELINS B019-B034, C019-C034, D019-D034, E019-E034, F019-F034, G019-G034, and H019-H034 IF OPTIONS ARE EXERCISED) – CREW FAMILIARIZATION The Contractor shall provide crew familiarization and training, in accordance with Section C, Part 3.

C-2.9 (OPTION) ELIN A035 (AND ELINS B035, C035, D035, E035, F035, G035, and H035 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-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, G002-G018, or H002-H018 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, G002-G018, or H002-H018 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

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.

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-211-H001 ACCESS TO THE VESSEL(S) (NAVSEA) (OCT 2018)

Officers, employees and associates of other prime Contractors with the Government and their subcontractors, shall, as authorized by the Supervisor, have, at all reasonable times, admission to the plant, access to the vessel(s) where and as required, and be permitted, within the plant and on the vessel(s) required, to perform and fulfill their respective obligations to the Government. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Supervisor to be given admission to the plant and access to the vessel(s) for office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of the respective responsibilities involved, and reasonable to their performance.

C-211-H007 PROTECTION OF THE SHIP DURING ADVERSE ENVIRONMENTAL CONDITIONS (NAVSEA) (MAR 2019)

The Contractor shall ensure that the ship(s), all related material and Government property at the Contractor's facilities are protected during conditions of heavy weather such as, high winds, heavy snow and ice, gales, storms, hurricanes and high water or similar adverse environmental conditions. The Contractor shall develop, maintain, and implement as necessary a Heavy Weather Plan in accordance with the NAVSEA Standard Item (SI) 009-69 dated 30 April 2018, which prescribes the actions and procedures and assigns responsibilities for action to be taken in preparation for and during the period of adverse environmental conditions. The Contractor shall furnish the plan to the cognizant Supervisor of Shipbuilding (Supervisor) and shall make such changes in the plan as the Supervisor considers necessary to provide for adequate protection of the ship(s), Government property and the materials and equipment to be installed therein.

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-211-H020 PROTECTION OF THE VESSEL (NAVSEA) (MAR 2019)

(a) The Contractor shall exercise reasonable care, as agreed upon with the Supervisor, to protect the vessel from fire, and shall maintain a system of inspection over the activities of its welders, burners, riveters, painters, pipe fitters, and similar workers, and of its subcontractors, particularly where such activities are undertaken in the vicinity of the vessel's magazines, fuel oil tanks, or store rooms containing inflammable materials. All ammunition, fuel oil, motor fuels, and cleaning fluids shall have been offloaded and the tanks cleaned, except as may be mutually agreed upon between the Contractor and the Supervisor prior to work on the vessel by the Contractor. Fire hose lines shall be maintained by the Contractor ready for immediate use on the vessel at all times while the vessel is berthed alongside the Contractor's pier or in dry dock. All tanks under alteration or repair shall be cleaned, washed, and steamed out or otherwise made safe to the extent necessary, and the Contractor shall furnish the vessel's Gas Free Officer and the Supervisor with a "Gas Chemists' Certificate" before any hot work is done. The Contractor shall maintain a fire watch aboard the vessel in areas where the Contractor is working. All other fire watches aboard the vessel shall be the responsibility of the Government.

(b) Except as otherwise provided in contractually invoked technical specifications or NAVSEA furnished directives, while the vessel is at the Contractor's plant and when the temperature becomes as low as thirtyfive degrees Fahrenheit, the Contractor shall assist the Government when requested in keeping all pipelines, fixtures, traps, tanks, and other receptacles on the vessel drained to avoid damage from freezing, or if this is not practicable, the vessel shall be kept heated to prevent such damage. The vessel's stern tube and propeller hubs shall be protected by the Contractor from frost damage by applied heat through the use of a salamander or other proper means.

(c) The work shall, whenever practicable, be performed in such manner as not to interfere with the work performed by military personnel attached to the vessel, and provisions shall be made so that personnel assigned shall have access to the vessel at all times, it being understood that such personnel will not unduly interfere with the work of the Contractor's workmen.

(d) The Contractor shall at all times keep the site of the work on the vessel free from accumulation of waste material or rubbish caused by its employees, or the work performed by the Contractor in accordance with this contract, and at the completion of such work shall remove all rubbish from and about the site of the work, and shall leave the work in its immediate vicinity "broom clean", unless more exactly specified by the Supervisor.

(End of Text)

C-215-H001 PRICE ADJUSTMENT FOR CHANGES IN FEDERAL LAW (NAVSEA) (OCT 2018)

(a) Definitions

(1) For the purpose of this requirement:

(i) The term "Currently Applicable Federal Laws" is defined to mean and include only the statutes listed below and regulations thereunder, promulgated by Federal authorities as in effect on the date of contract award.

(A) Contract Work Hours and Safety Standards Act

(B) Occupational Safety and Health Act

(C) Atomic Energy Act

(D) National Environmental Policy Act

(E) Clean Air Act

(F) Clean Water Act

(G) Refuse Act

(H) Noise Control Act

(I) Toxic Substances Control Act

(J) Solid Waste Disposal Act

(K) Marine Protection, Research and Sanctuaries Act

(L) Comprehensive Environmental Response, Compensation, and Liability Act

(M) Act to Prevent Pollution from Ships

(N) Hazardous Materials Transportation Act

(ii) The term "New Federal Law" is defined to mean a new Federal Statute enacted subsequent to the contract award date pertaining to (1) workplace conditions affecting employees or the public, or (2) environmental standards and requirements, and regulations thereunder promulgated by Federal authorities.

(iii) The term "change" shall be deemed to mean the amendment or repeal of any Currently Applicable Federal Law or New Federal Law or regulations promulgated thereunder by Federal authorities.

(b) If, at any time after the effective date of this contract, a New Federal Law is enacted or a change is made to a Currently Applicable Federal Law or a New Federal Law or regulations thereunder promulgated by Federal authorities, and compliance with such new law or change directly results in an increase or decrease in the Contractor's cost of performance of this contract, the contract price(s) shall be adjusted as provided in paragraph (c) below. No such adjustment shall be made for contract costs incurred or projected to be incurred during the two (2) year period after the effective date of this contract.

(c) The price adjustment provided for in paragraph (b) above shall be made, in the same amount, in each of the Target Cost(s), the Target Price(s), and the Ceiling Price(s) or Fixed Price(s) of this contract, as appropriate, and shall include only the properly allowable and allocable direct and indirect costs of additional labor and materials directly resulting from compliance with the new law or with the change, but shall not include:

(i) Costs of delay, disruption, or acceleration of performance;

(ii) Increases or decreases in prices charged by subcontractors or suppliers; or

(iii) Costs of additional facilities or of any portion thereof constructed or acquired after the contract award date unless such additional facilities or the portion thereof have been constructed or acquired by the Contractor solely in order to comply with a New Federal law or a change in Currently Applicable Federal Laws or New Federal Laws, or regulations thereunder promulgated by Federal authorities.

The price adjustment shall consider and exclude any tax, depreciation, or other special allowances provided to the Contractor in the New Federal Law or change for compliance therewith. No adjustment shall be made in the Profit or Delivery Schedule of the contract, provided, however, that the Contractor's right, if any, to extension of the delivery schedule under any other requirement of this contract shall not be prejudiced thereby. No adjustment shall be made unless a New Federal Law or a change directly causes an increase or decrease in the Contractor's cost of performance of this contract in excess of $250,000 per ship.

(d) The Contractor shall promptly notify the Contracting Officer, in writing, of the enactment of New Federal Laws or of a change that reasonably may be expected to result in an adjustment under the provisions of this requirement.

(e) Requests for price adjustments hereunder shall be made in accordance with the procedures of the contract requirement entitled "Documentation of Requests for Equitable…