N00024-22-R-2203_0013.pdf

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 to update Section B: CLIN 1001, CLIN 1002, CLIN 1003, Note B, Note C, Note E, Note K, B-1, B-216-H001, and B-232-H001; Section C: C.1.1, C.1.2, C.2.1, C.2.1.1 , C.2.1.2, C.2.5, C.3.042, C.3.042.9.3.1, C.3.069.2, C.3.300, C-223-W002, and C-246-H003; Section E: CLIN 1003; Section F: Delivery Information; Section G: G-242-H001; Section I: 52.216-16, 52.217-7, 252.211-7003, and 252.232-7007; Section J: J-4 and asterisk log; Section L: L.1.0.3.2, L.1.0.4.1, L.1.0.7.1, L.1.0.7.2, L.1.0.17, L.1.2.1.1, L.1.2.1.2, L.1.3.3.6, L.1.3.5.2, L.1.3.5.3.1, L.1.3.5.11, L.1.3.5.11.1, L.1.3.5.11.2, L.1.3.5.11.3, L-6, and 52.233-2; Section M: M.4.0, M.5.1, M.5.1.5, and M.5.1.5.1.

The solicitation is hereby modified as follow s:

1. CONTRACT ID CODE PAGE OF PAGES

J 1 132

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

16C. DATE SIGNED

BY 19-Apr-2023

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 N0002422R2203

X 9B. DATED (SEE ITEM 11)

19-Nov-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 1 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

19-Apr-2023

CODE

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2020

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0002422R2203

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 1001

The CLIN extended description has changed from:

Detail Design and Construction (DD&C)SEE NOTES A & C

To:

Detail Design Through Production Readiness Review SEE NOTES A, C, & K 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..

CLIN 1002

Weight Control (CLIN 1001)SEE NOTES E & I

Weight Control (CLIN 1003 Option Exercise)SEE NOTES E & I The option status has changed from No Status to Option.

CLIN 2001

Detail Design and Construction (DD&C)SEE NOTES A, B, & C

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

CLIN 3001

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

CLIN 4001

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

CLIN 5001

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

CLIN 6001

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

CLIN 7001

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

CLIN 1003 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Each

OPTION T-AGOS 25 Class - Ship 1

FPI

Complete Detail Design and Construction

SEE NOTES A, B, C, & K

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

FOB: Origin (Shipping Point)

PSC CD: 1925

TARGET COST

TARGET PROFIT

TOTAL TARGET PRICE

CEILING PRICE

SHARE RATIO ABOVE TARGET

SHARE RATIO BELOW TARGET

The following have been modified:

B-1 DETERMINATION OF SPECIAL INCENTIVE (Applicable to OPTION ITEMS 1002 and 2002 only)

A. General

1. The Contractor’s efforts to control weight on T-AGOS 25 Class is of paramount importance to the Government. Therefore, it is in the Government's best interest to incentivize and reward Contractor efforts that substantially contribute to effective implementation of weight control.

2. Accordingly, in addition to any profit or other compensation which may be paid to the Contractor, pursuant to other clause(s) of this contract, the Contractor may earn additional incentive fee, as determined by the Government (PMS325) in consultation with the Procuring Contracting Officer (PCO), NAVSEA 02, pursuant to the procedures set forth in this clause.

3. Any incentive or portion thereof, in Table A below, which is not earned in accordance with the terms of the incentive, will not roll over or be available for any other incentive or any subsequent period, event or milestone.

B. Special Incentive Areas of Emphasis

The Contractor will be evaluated on the following:

1. Weight Control of T-AGOS 25 Ship

2. Weight Control of T-AGOS 26 Ship

The amount of incentive fee payable to the Contractor, pursuant to this clause, shall be determined in accordance with the procedures set forth in paragraph D using the evaluation factors set forth in paragraph C below. The total incentive fee amount available pursuant to this clause is $5,000,000 as outlined in Table A below.

TABLE A

INCENTIVE DESCRIPTION INCENTIVE VALUE

1. Weight Control of T-AGOS 25 Ship $ 3,000,000

2. Weight Control of T-AGOS 26 Ship $ 2,000,000

TOTAL SPECIAL INCENTIVE $ 5,000,000

C. Evaluation Factors

Award of this special incentive fee will be based on the below distinct objectives:

Weight Control of T-AGOS 25 and T-AGOS 26 Ship

Evaluation of incentive fee will be based on the Contractor Responsible Full Load condition in the approved Final Weight Report, as defined in C-211-H015 titled WEIGHT CONTROL FOR SURFACE SHIPS--ALTERNATE I (NAVSEA) (OCT 2018). For every whole increment of 2 cm mean draft below the not to exceed mean draft value, the Contractor will earn an incentive fee of $300,000 for that increment, up to $3,000,000 for the T-AGOS 25 ship, and an incentive fee of $200,000 for that increment, up to $2,000,000 for the T-AGOS 26 ship. The mean draft for the Full Load condition shall be determined using the same hydrostatic model used for the approved Stability Test, Trim and Stability Booklet and Onboard Trim and Stability Software. Also, in order to earn the full incentive for each 2 cm increment of draft reduction, the Full Load condition must be within the trim and list limits, and have a vertical center of gravity, including the effects of free surface, that will allow the ship to meet all intact and damage stability requirements in all specified loading conditions.

D. Incentive Fee Determination Procedures

1. PMS325 in coordination with the PCO will determine the Special Incentive Fee earned by the Contractor.

2. Within thirty (30) working days after receipt and acceptance of the Final Weight Report for the T-AGOS 25 ship and Final Weight Report for the T-AGOS 26 ship, the Government will determine the incentive fee to be paid to the Contractor based upon the evaluation process outlined above.

3. Within thirty (30) working days of receiving the determination, the PCO will issue a unilateral modification to the contract to provide the Special Incentive Fee.

E. Finality of Incentive Fee Determining Official’s Determination of the Special Incentive Fee

The determination of the amount of the Special Incentive fee, if any, to be paid to the Contractor is a unilateral decision made solely at the discretion of the Government consistent with procedures outlined above.

F. Payment Of Special Incentive

The Contractor will be paid the special incentive amount(s) earned upon the receipt of an executed contract modification awarding the special incentive and submittal of proper invoices to the cognizant Payment Office. The Contractor’s invoice shall show the amount of special performance incentive payable by contract line item. The Contractor’s invoice must cite the appropriate accounting data in order for payment to be affected.

NOTE A – INCENTIVE PRICE REVISION – FIRM TARGET

The final price of this line item will be subject to adjustment per the Section I clause FAR 52.216-16, “Incentive Price Revision—Firm Target” and the Section B requirement entitled B-216-H001, “Clarifications to the Incentive Price Revision Clause (FAR 52.216-16).”

NOTE B – T-AGOS 25 CLASS SHIP - FPI OPTIONS (Applicable to OPTION ITEMS 1003, 2001, 3001, 4001, 5001, 6001 and 7001 only)

Options for T-AGOS 25 Class Ships #1 through #7 under this contract shall be exercised, if at all, in ascending numerical order (i.e., 1003, 2001, 3001, 4001, 5001, 6001, 7001) starting from the first available unexpired option.

An available unexpired option is defined as an option that has not previously been exercised, and which has not yet expired per the latest option exercise date set forth in the Section I clause FAR 52.217-7.

NOTE C – T-AGOS 25 CLASS SHIP OPTIONS (Applicable to CLIN 1001 and OPTION ITEMS 1003, 2001, 3001, 4001, 5001, 6001 and 7001 only)

The applicable FPI CLINs have the below breakout:

Ceiling: 120% Share Ratio: 50/50 Profit: The offeror’s profit shall be reflected in Attachment J-4. The Offeror shall use a profit no less than zero percent (0%) and no more than twelve percent (12%).

NOTE D – DATA (Applicable to CLIN 8001 only)

CLIN 8001 is Not Separately Priced (NSP) and is included in the applicable ship CLINs.

NOTE E – T-AGOS 25 CLASS - FFP OPTIONS (Applicable to OPTION ITEMS 1002, 2002, 8002, 8003, 8004, 8006, and 8007 only)

FFP Option Items (i.e., 1002, 2002, 8002, 8003, 8004, 8006, & 8007), to which the option clause in Section I applies and which is to be supplied only if and to the extent said option is exercised. The Government is not obligated to exercise any or all of these items. Exercise of one option will not obligate the Government to the exercise of other options.

NOTE F – SPECIAL STUDIES ORDER(S) (Applicable to OPTION ITEM 8002 only)

Approximately 25,000 man-hours of labor will be needed for CLIN 8002. This is an estimate and does not indicate that the Government will necessarily order this amount or any at all. The table below, will be populated from Offerors proposed values in Attachment J-4. The hourly fully burdened labor rate is inclusive of profit for each calendar year and will apply to any work ordered under this item.

CLIN 8002 Special Studies Order(s)

Fully Burdened Rate Supervisory ($ per Hour)

Fully Burdened Rate Sr.

Engineer ($ per Hour)

Fully Burdened Rate Engineer ($ per Hour)

CY 2022 $TBD* $TBD* $TBD*

CY 2023 $TBD* $TBD* $TBD*

CY 2024 $TBD* $TBD* $TBD*

CY 2025 $TBD* $TBD* $TBD*

CY 2026 $TBD* $TBD* $TBD*

CY 2027 $TBD* $TBD* $TBD*

CY 2028 $TBD* $TBD* $TBD*

CY 2029 $TBD* $TBD* $TBD*

CY 2030 $TBD* $TBD* $TBD*

CY 2031 $TBD* $TBD* $TBD*

CY 2032 $TBD* $TBD* $TBD*

CY 2033 $TBD* $TBD* $TBD*

*This table will be filled in by the Government from the Contractor’s Contract Pricing Tables, Attachment J-4 at award.

NOTE G – ENGINEERING AND INDUSTRIAL SUPPORT ORDER(S) (Applicable to OPTION ITEM 8003 only)

Approximately 25,000 man-hours and $500,000 material may be needed under CLIN 8003. These are estimates and do not indicate that the Government will necessarily order this amount or any at all. The table below, will be populated from Offerors proposed values in Attachment J-4. The hourly fully burdened labor rate and material handling rate is inclusive of profit for each Government calendar year and will apply to any work ordered under this item.

CLIN 8003 Engineering and Industrial Support Orders

Fully Burdened Rate Engineer ($ per Hour)

Fully Burdened Rate Production ($ per Hour)

Material Handling Percent

CY 2022 $TBD* $TBD* % TBD*

CY 2023 $TBD* $TBD* % TBD*

CY 2024 $TBD* $TBD* % TBD*

CY 2025 $TBD* $TBD* % TBD*

CY 2026 $TBD* $TBD* % TBD*

CY 2027 $TBD* $TBD* % TBD*

CY 2028 $TBD* $TBD* % TBD*

CY 2029 $TBD* $TBD* % TBD*

CY 2030 $TBD* $TBD* % TBD*

CY 2031 $TBD* $TBD* % TBD*

CY 2032 $TBD* $TBD* % TBD*

CY 2033 $TBD* $TBD* % TBD*

*This table will be filled in by the Government from the Contractor’s Contract Pricing Tables, Attachment J-4 at

NOTE H – PROVISIONED ITEMS ORDERS (Applicable to OPTION ITEM 8004 only)

The total estimated burdened dollar amount of Provisioned Items Order (PIO) under this contract is $95,000,000 (Shore Based Spares, Spare and Repair Parts, Special Tools and Test Equipment). It is understood and agreed that the Government has no obligation under this contract to issue any orders hereunder. Orders will be placed in accordance with the terms and conditions of Section C clause “C-217-H003 PROVISIONED ITEMS ORDERS - ALTERNATE II (NAVSEA)(OCT 2018).” In the table below, enter the applicable fully burdened material handling rate for each Government fiscal year, which will apply to any work ordered under this item. The negotiated profit for any PIO under this contract shall be limited to 6%.

CLIN 8004 Provisioned Items Orders Material Handling Percent

Profit Cap

CY 2022 % TBD* 6%

CY 2023 % TBD* 6%

CY 2024 % TBD* 6%

CY 2025 % TBD* 6%

CY 2026 % TBD* 6%

CY 2027 % TBD* 6%

CY 2028 % TBD* 6%

CY 2029 % TBD* 6%

CY 2030 % TBD* 6%

CY 2031 % TBD* 6%

CY 2032 % TBD* 6%

CY 2033 % TBD* 6%

*This table will be filled in by the Government from the Contractor’s Contract Pricing Tables, Attachment J-4 at

NOTE I – DETERMINATION OF PERFORMANCE INCENTIVE (Applicable to CLIN 1002 and OPTION ITEM 2002 only)

The amount of incentive fee earned will be determined per T-AGOS 25 ship and T-AGOS 26 ship Incentive Plan, referenced in section B-1. For administrative purposes, any earned performance incentive fee will be funded under this line item.

NOTE J – DATA RIGHTS BUY-OUT (Applicable to OPTION ITEM 8007 only)

The Offeror shall fill this in with their proposed cumulative price for those rights which the Offeror is willing to sell in accordance with Section M.4.3.9 which states - the Government desires at least Government Purpose Rights (GPR) license, as defined at DFARS 252.227-7013 and - 7014, in all non-commercial technical data and computer software. The cumulative buy out price is a summation of the Section J series of Attachments labeled J-21b, J-22b, J-23b, and J-24b.

NOTE K – DETAIL DESIGN AND CONSTRUCTION SUBSUMED (Applicable to CLIN 1001 and OPTION ITEM 1003 only)

A. Upon Contract Award, the requirements for CLIN 1001 will be for Detail Design through Production Readiness

Review of T-AGOS 25 Class - Ship 1 on a Fixed-Price-Incentive-Firm (FPIF) basis and CLIN 1003 will be for Complete Detail Design and Construction of T-AGOS 25 Class - Ship 1 on a FPIF basis. Upon Option Exercise of CLIN 1003, the requirements of CLIN 1003 shall be subsumed into CLIN 1001, and a revised combined section B value of CLIN 1001 and 1003 will supersede the CLIN 1001 FPIF DD&C section B values. CLIN 1003 will be changed to Reserved and CLIN 1001 description will be modified to T-AGOS 25 Class - Ship 1 DD&C. Note K will be revised to Reserved and all references of CLIN 1003 will be removed and replaced with

CLIN 1001.

Below is the Summary of Contract CLIN Structure at time of contract award and upon Option Exercise:

Award of Contract (CLIN 1001) CLIN 1001: Detail Design through Production Readiness Review $ proposed on a FPIF basis CLIN 1003: Complete Detail Design and Construction $ proposed on a FPIF basis

Option Exercise (CLIN 1003) CLIN 1001: DD&C $ of CLINs 1001 and 1003 combined proposed on a FPIF basis CLIN 1003: Reserved

B. The Government has the unilateral right to adjust CLINs 1001 and 1003 as shown above following CLIN 1003 Option Exercise.

B-216-H001 CLARIFICATIONS TO THE INCENTIVE PRICE REVISION CLAUSE (FAR 52.216-16)--BASIC

(NAVSEA) (OCT 2018)

(a) In accordance with the terms of paragraph (e) (1) of the clause entitled “Incentive Price Revision-Firm Target (FAR 52.216-16)”, the parties hereby agree that the amounts determined in accordance with the following contract requirements shall not be considered costs incurred or to be incurred for the purpose of negotiating the total final cost or establishing the total final price:

(i) Any amounts paid or to be paid pursuant to paragraphs (b), (c), and (e) of the contract requirement entitled "Insurance-Property Loss or Damage-Liability to Third Persons".

(ii) Any amounts paid or to be paid pursuant to the contract requirement entitled "Additional Insurance Provisions".

(iii) Any amounts paid or to be paid pursuant to the contract requirement entitled "Indemnification Under Public Law 85-804 (FAR 52.250-1)" [If authorized for and incorporated into this contract].

(iv) Any other text or clause of this contract which expressly provides for an amount to be reimbursed or paid to the Contractor by the Government or to be refunded or paid by the Contractor to the Government, other than through an adjustment of the contract price.

(b) The Total Final Price shall be established by adjusting the total final negotiated cost determined in paragraph (d)

(1) of the Incentive Price Revision–Firm Target clause of this contract by an amount for profit or loss determined as follows:

(i) Subtract the amount determined in accordance with the contract requirement, “Economic Price Adjustments” (EPA) adjustment (positive or negative) to calculate the EPA adjusted total final cost: then:

(ii) Calculate the amount for profit or loss as follows:

WHEN THE EPA ADJUSTED THE AMOUNT FOR PROFIT

TOTAL FINAL NEGOTIATED OR LOSS IS:

COST IS:

Equal to the total target cost ----- Total Target Profit.

Greater than the total target cost ----- Total Target Profit less See Below Breakout percent of the amount by which the EPA adjusted total final negotiated cost exceeds the total target cost.

CLINs 1001, 1003, 2001, 3001, 4001, 5001, 6001, and 7001: 50

Percent

Less than the total target cost ----- Total Target Profit plus See Below Breakout percent of the amount by which the EPA adjusted total final negotiated cost is less than the total target cost.

CLINs 1001, 1003, 2001, 3001, 4001, 5001, 6001, and 7001: 50

Percent

(iii) The Total Final Price shall be the sum of: (A) the EPA adjusted total final negotiated cost, calculated in accordance with paragraph (i) above, and (B) the amount for profit or loss calculated in accordance with paragraph

(ii) above; provided, however, that in no event shall the total final price exceed the Ceiling Price set forth in Section B of the Contract; and provided further that in no event shall the total amount determined in accordance with the contract requirement entitled “Economic Price Adjustments,” when added to the Total Final Price, calculated as set forth herein, exceed the sum of the Section B Ceiling Price.

(c) The Total Final Price of the items referred to above shall be evidenced by a modification to this contract signed by the Contractor and the Contracting Officer. Such price shall not be subject to revision notwithstanding any changes in the cost of performing the contract, with the following exceptions:

(i) insofar as the parties may agree in writing, prior to the determination of the Total Final Price, (A) to exclude any specific elements of cost from the Total Final Price and (B) to a procedure to provide subsequent disposition of such elements; and

(ii) to the extent any adjustment or credit is explicitly permitted or required by this or any other clause of this contract.

(d) The contractor's obligation under this Contract concerning payments and interest penalties are those found in “Payments” clause of this contract. .

(End of text)

The following have been linked or unlinked:

Clause B-232-H001 applies to CLIN(s) 1003.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

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

C.2.1 CLIN 1001 & 1003: DETAIL DESIGN AND CONSTRUCTION

The Contractor shall design, construct, test and deliver the ship in accordance with the requirements of the contract.

C.2.1.1 CLIN 1001: DETAIL DESIGN THROUGH PRODUCTION READINESS REVIEW (PRR)

The Contractor shall develop the detail design for the T-AGOS 25 in compliance with all contract requirements.

The detail design shall also comply with all other sections of this contract and associated attachments, as each pertains to the detail design effort.

The Contractor shall integrate Vendor Furnished Information (VFI), Government Furnished Information (GFI) and Government Furnished Equipment (GFE) into the detail design.

Purchase Orders (PO) for ship material procurement shall not be released for manufacture until all PDR exit criteria have been satisfied and the Contracting Officer has notified the Contractor that ship material procurements are authorized.

The Contractor shall also develop and validate technical, logistics, and other documentation in accordance with all contract requirements.

The Contractor shall develop, implement, and maintain a detail design schedule that is compatible with a ship construction schedule to achieve the delivery date listed in Section F.

The scope of work for this CLIN shall include the detailed design required to successfully complete the Production Readiness Review.

C.2.1.2 CLIN 1003: COMPLETE DETAIL DESIGN AND CONSTRUCTION

The Contractor shall complete the detail design, construct, test, deliver, and fit out the ship in accordance with the requirements of the contract.

C.2.2 CLINs 2001, 3001, 4001, 5001, 6001, AND 7001: DETAIL DESIGN AND CONSTRUCTION

(OPTION)

The Contractor shall design, construct, test and deliver the ship in accordance with the requirements of the contract.

C.2.3 CLIN 1002: SPECIAL INCENTIVE – T-AGOS 25

If earned, the Contractor will be awarded the Weight Control Incentive for T-AGOS 25 as described in Section B-1.

Special Incentive Funding will be used solely for the purpose of incentivizing weight.

C.2.4 CLIN 2002: SPECIAL INCENTIVE – T-AGOS 26 (OPTION)

If earned, the Contractor will be awarded the Weight Control Incentive for T-AGOS 26 as described in Section B-1.

Special Incentive Funding will be used solely for the purpose of incentivizing weight.

C.2.5 CLIN 8001: DATA REQUIREMENTS

The data to be furnished hereunder shall be prepared in accordance with the Attachment J-2, Data Requirements List (DRL). For CLINs 1001, 1003, 2001, 3001, 4001, 5001, 6001 and 7001, the Contractor shall verify the final technical data deliverables, in accordance with Attachment J-2, accurately reflect the ship as delivered and as modified under this Contract at the conclusion of the Guaranty Period. The Contractor shall prepare documentation detailed throughout the SOW including, but not limited to: Reports (Data Item (DI)-031), Ship Drawings & Associated Lists (DI-045), and Calculations and Stress Diagrams (DI-082).

Costs associated with Attachment J-2 (with exception to Special Study Report) shall be proposed under the applicable ship CLINs 1001-7001 (not separately priced).

C.2.6 CLIN 8002: SPECIAL STUDIES ORDER(S) (OPTION)

The Contractor shall conduct special studies, analysis, and documentation in support of this contract. Orders for this effort shall be placed in accordance with the General Requirement in SECTION C of this contract entitled “C-217- H003 PROVISIONED ITEMS ORDERs – ALTERNATE II”. The Contractor shall provide a Special Study Report (DI-001) in accordance with each special study conducted.

C.2.7 CLIN 8003: ENGINEERING AND INDUSTRIAL SUPPORT ORDER(S) (OPTION)

The Contractor shall provide industrial support services and production engineering in support of the ship(s). Orders issued under this CLIN shall accomplish, in a timely manner, minor repairs and correct minor deficiencies that are deemed to be the Government’s responsibility. Requirements under this CLIN may include, but are not limited to, the correction of problems with Government Furnished Equipment (GFE) or Government Furnished Materials (GFM), Government requirements identified by Acceptance Trial cards, and the development of various engineering products. Examples of work that might be accomplished under this CLIN include equipment installation, rigging support, and subject matter expert technical assistance. The requirements associated with this CLIN are over and above those specified in other contract CLINs. Orders shall conduct engineering and industrial services in support of this contract. Orders for this effort shall be placed in accordance with the General Requirement in SECTION C of this contract entitled “C-217-H003 PROVISIONED ITEMS ORDERs – ALTERNATE II”.

C.2.8 CLIN 8004: PROVISIONAL ITEMS ORDERS (OPTION)

The Contractor shall provide spares, shore-based spares, repair parts, special tools, support, and test equipment, in accordance with the requirements herein. Orders for this effort shall be authorized by the Contracting Officer and placed in accordance with Section C of this contract entitled “C-217-H003 PROVISIONED ITEMS ORDERS –

ALTERNATE II.”

C.2.9 CLIN 8006: POST DELIVERY MSIP SUPPORT (OPTION)

The Contractor shall provide industrial support services and production engineering in support of CLINS 1001, 2001, 3001, 4001, 5001, 6001, and 7001 as described in Part 4: STATEMENT OF WORK, POST DELIVERY

MSIP SUPPORT.

C.2.10 CLIN 8007: DATA RIGHTS BUY-OUT (OPTION)

If exercised, the Contractor shall grant the corresponding Data Rights license (e.g. Government Purpose Rights license or Specifically Negotiated license) for each item of Technical Data (TD), Computer Software (CS), and Computer Software Documentation (CSD) identified on Attachments J-21b, J-22b, J-23b, and J-24b. Following option exercise, the Contractor shall deliver all future data submittals with markings and legends consistent with the rights furnished hereunder.

PART 3: STATEMENT OF WORK, DETAIL DESIGN AND CONSTRUCTION (Applicable to all CLINs

EXCEPT 8006)

C.3.041 PROGRAM MANAGEMENT

The Contractor shall apply a multi-disciplinary approach to the integrated and concurrent development of the products and the associated processes applicable to the design, ship systems integration, construction, testing, and logistics support and in the performance of all other efforts required by this Contract.

The Contractor shall provide the management effort necessary to ensure effective cost, schedule, and performance under this Contract. The Contractor shall manage the program in accordance with the Contract requirements, the management plan(s), and work schedule(s). The Contractor shall fully integrate subcontractors and vendors, provide overall direction and guidance, track progress and status, and integrate products and services provided by subcontractors and vendors with the products and services provided by the Contractor.

A major subcontractor is defined as Single System Vendor (SSV), Noise Control Consultant (NCC), Integrated Logistics Support (ILS) Contractor or Design Agent. Required major subcontractors are SSV and NCC. Optional major subcontractors are ILS Contractor and Design Agent. If the Offeror chooses to utilize an ILS subcontractor, the minimum required corporate experience is five (5) years in logistics management for shipbuilding programs similar in scope and complexity to the T-AGOS 25 Class requirements. If the Offeror chooses to utilize a Design Agent subcontractor, the minimum required corporate experience is five (5) years with emphasis in contract design, detail design, production design, ship system integration, and mission system integration similar in scope and complexity to the T-AGOS 25 Class requirements.

The Contractor shall identify problems and potential problems in accordance with the Section C clause entitled “C-

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

C.3.041.1 SINGLE SYSTEM VENDOR

The Contractor shall select and obtain the services of a SSV no later than the Post Award Conference (PAC). The SSV shall have a minimum of five (5) years’ experience in: design, fabrication, and integration of main propulsion plants; controls for marine applications; integration of the Electric Propulsion System with the central power plant;

Machinery Central Control System (MCCS), and interfaces with the ship controls, including maneuvering systems and bridge controls.

No substitutions shall be made without Contracting Officer approval. All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitutions and any other information requested by the Contracting Officer necessary for a determination to approve the proposed substitution. All proposed substitute subcontractors must have qualifications that are equal to the qualifications of the firm to be replaced. The Contracting Officer will evaluate such requests and will notify the contractor no later than 60 days of their approval or disapproval thereof. The Contracting Officer will be the sole judge of the adequacy of the qualifications of any proposed substitute subcontractor.

The Shipbuilder cannot be the SSV.

C.3.041.2 NOISE CONTROL CONSULTANT (NCC)

The Contractor shall select and obtain the services of a NCC no later than the PAC. The NCC shall have a minimum of five (5) years corporate experience in ship noise analysis and the development of the acoustic designs and treatments. The acoustic designs and treatments will address ship's noise, including airborne and structure borne noise impacting habitability, vibration, self-noise impacting the operation of Surveillance Towed Array Sensor System (SURTASS) systems, and radiated noise.

C.3.041.3 INTEGRATED MASTER SCHEDULE

The Contractor shall prepare, implement, and maintain an event-based Integrated Master Schedule (IMS) (DI-003) in accordance with the Integrated Program Management Data and Analysis Report (IPMDAR) that depicts all activities required for the performance of this Contract.

The Contractor shall utilize the Integrated Master Schedule (IMS) to schedule and track all program activities defined in the Contract Work Breakdown Structure (CWBS). The Contractor shall include key events, milestones, and activities from Contract award through delivery of each ship in the IMS. Key events and milestones include, but are not limited to, Contract Award (CA), Preliminary Design Review (PDR), Critical Design Review (CDR), Production Readiness Review (PRR), Start of Construction (SOC), Launch Readiness Review (LRR), Docking, Undocking, Propulsion Light Off, Trials Readiness Review (TRR), GFE In Yard Need Dates (IYND) and Delivery as well as construction and testing key events such as Keel Laying, Ship Launch, Builder’s Dock Trials (BDT), Builder’s Sea Trials (BST) and Acceptance Trials (AT).

The Contractor shall identify activities leading up to the key events and milestones in the IMS as well as critical paths for completion of each key event and milestone. The Contractor shall maintain the IMS current with schedule modifications and completed tasks. The Contractor shall prepare a Summary Master Schedule (DI-003-01). The Contractor shall prepare a Key Events and Milestone Schedule (DI-003-02) and a Baseline Schedule (DI-003-03).

All schedules shall be kept current with modifications and completed tasks. The Contractor shall prepare the following intermediate schedules as an integral part of the IMS:

C.3.041.3.1 DETAIL DESIGN SCHEDULE

The Detail Design Schedule (DI-003-04) shall plan and track the time phased approach to the design and engineering work required, including the tasks that are to be performed by subcontractors. This schedule shall show the interaction and interdependencies using logical steps, such as system design, completion of major procurement specifications, vendor design information, test memos and preparation of working drawings for hull, machinery, and electrical. Design Reviews shall be shown in this schedule.

C.3.041.3.2 DRAWING AND DOCUMENTATION SCHEDULE

The Drawing and Documentation Schedule (DI-003-05) shall plan and track all drawings (including those provided to the Regulatory Bodies for approvals and information purposes), modeling and simulation reports, calculations, analyses, and associated lists.

C.3.041.3.3 PROCUREMENT SCHEDULE

The Procurement Schedule (DI-003-06) shall plan and track target dates for placement of subcontracts, purchase orders, release for manufacture, and the delivery dates. The Contractor shall identify long-lead time material (greater than 6 months). The Contractor shall identify the interaction and interdependencies of major subcontracts, material procurement, and the production plan.

C.3.041.3.4 ERECTION SCHEDULE

The Erection Schedule (DI-003-07) shall plan and track the work required for the fabrication of modules, joining of modules and erection sequence up until launching of the vessel.

C.3.041.3.5 PRODUCTION / OUTFITTING MASTER SCHEDULE

The Production/Outfitting Master Schedule (DI-003-08) shall plan and track all major elements of work and materials needed and required in the construction and outfitting of the ship including durations and completion of key events.

C.3.041.3.6 TEST AND TRIALS SCHEDULE

The Test and Trials Schedule (DI-003-09) shall plan and track the phased, sequenced schedule for the verification program, including all verification events, analysis, inspection, testing, and trials. The schedule shall also include the list of entities responsible for test approvals (regulatory or Navy) in accordance with the Attachment J-8, Certification Matrix.

C.3.041.3.7 COMPARTMENT COMPLETION SCHEDULE

The Compartment Completion Schedule (DI-003-10) shall identify those events required to complete the mission spaces to permit Government installation and testing of the Mission Equipment.

C.3.041.3.8 EARNED VALUE MANAGEMENT SYSTEM

In the performance of this contract and using DFARS 252.234-7001 “EARNED VALUE MANAGEMENT SYSTEM (DEVIATION 2015-O0017) (SEPT 2015)”and 252.234-7002 “EARNED VALUE MANAGEMENT SYSTEM (DEVIATION 2015-O0017) (SEPT 2015)”, the Contractor shall establish, maintain, and use an integrated performance management system as a management tool for cost, schedule, technical performance, and risk management. Central to this integrated system, the Contractor shall use a validated Earned Value Management System (EVMS) in accordance with DFARS 252.234-7001 and DFARS 252.234-7002 (as stated above), and the EVMS guidelines contained in ANSI/EIA-748. To establish the integrated performance management system, the EVMS shall be linked to and supported by the Contractor’s management processes and business systems. The

Contractor shall provide the Integrated Program Management Data and Analysis Report (IPMDAR), the processes required to implement and report data generated by an integrated performance management system.

The Contractor and all applicable subcontractors’ EVMS shall be certified by the cognizant Government agency.

New EVMS certifications and/or re-certifications at the award of this contract shall be certified by a cognizant Government agency. If the Contractor and / or subcontractors do not have a DoD validated EVMS, the Contractor shall provide a milestone plan setting forth the path to EVMS compliance and the Contractor shall be prepared to initiate an EVMS certification review within 150 days of contract award. The Contractor and subcontractors shall be responsive to DCMA Center of Excellence requirements to achieve EVMS certification in a timely manner within a period not to exceed six (6) months from the date of award.

Integrated Baseline Reviews (IBRs) shall be conducted as soon as practicable, however not later than 180 Days after contract award and not later than Production Readiness Review after each option award. The Contractor shall be prepared to present the contents and underlying assumptions of its time phased performance measurement baseline (PMB) to Government representatives during a joint IBR (Government, Contractor, and subcontractor) at the Contractor/subcontractor facilities. The IBR is a management process and subsequent IBRs may be required and shall be held when major contract changes are incorporated, or the contract undergoes a major restructure. If non-compliances with EVMS are detected during the IBR or during regular surveillance of the Contractor/subcontractor EVMS, then the Contractor shall also be prepared to demonstrate that its and subcontractor EVMS procedures comply with DFARS clause 252.234-7004, during a separate on-site visit by Government representatives. The Contractor shall provide ongoing access during contract performance to pertinent records and data that underlie and support the cost and schedule data reported.

If cost or incentive subcontracts with a single subcontractor exceed $100,000,000, then the Contractor shall require the subcontractor to submit subcontractor EVMS reports. The Contractor shall manage all subcontracts, including those that are Firm Fixed Price (FFP), to include integration of the subcontractor’s plans into appropriate schedules with sufficient detail.

The Integrated Program Management Data and Analysis Report (IPMDAR) is the primary communication link between the Contractor and the Government for cost and schedule reporting information. Upon contract award, the Contractor shall prepare and submit the following reports for CLINs 1001, 2001, 3001, 4001, 5001, 6001, & 7001:

a. Integrated Program Management Data and Analysis Report (IPMDAR) (DI-002)

b. Contract Funds Status Report (DI-004)

C.3.041.3.9 COST AND SOFTWARE DATA REPORTING

In accordance with Statute 10 USC 2334 Sec. 842, Independent Cost Estimation and Cost Analysis; DoDI 5000.02, Operation of the Adaptive Acquisition Framework; DFARS 252.234-7003, Notice of Cost and Software Data Reporting System; and DFARS 252.234-7004 Cost and Software Data Reporting System (CSDR), the Contractor shall establish, implement, and maintain a CSDR in accordance with the CSDR Plan, Attachment J-25. All aspects of the scope of work shall be included in the CSDR.

The CSDR will focus on the collection of actual total Contract costs related to the design and construction of the T- AGOS 25 Class of ships. The Contractor shall prepare and submit the following reports:

a. Cost Data Summary Report (DD Form 1921) (DI-005)

b. Functional Cost-Hour Report (DD Form 1921-1 Part 1) (DI-006)

c. Contractor Business Data Report (DD Form 1921-3) (DI-007)

The Contractor shall host a CSDR Readiness Review as a splinter to the first Ship Production Progress Conference (SPPC) review (month 4, see C.3.042) using the guidance found in the CSDR Readiness Review Guide found at https://cade.osd.mil/content/cade/files/csdr/guidance/CSDR Readiness Review Guide_Final_Mar2021.pdf. In support of the CSDR Readiness Review, the Contractor shall complete and provide the Resource Distribution Table (RDT) Attachment J-26 in accordance with the RDT Instructions found at https://cade.osd.mil/Files/Policy/RDT_Instructions.pdf. The Contractor shall update and provide the RDT as needed during the contract period of performance. Prime Contractors are responsible for flowing down CSDR requirements contained in their prime contracts to all subcontractors who meet the reporting thresholds specified in DoDI

5000.02. The Contractor shall flow down the requirement for CSDR reporting to subcontractors with a subcontract value that exceeds $50 million. Additional CSDR documentation requirements will be reviewed at the CSDR Readiness Review. The Contractor shall prepare and present the program approach to satisfy all contractually required CSDR tasks.

C.3.041.4 CONTRACT WORK BREAKDOWN STRUCTURE (CWBS)

The Contract Work Breakdown Structure (CWBS) shall be prepared in accordance with (Military Standard) MIL- STD-881, Appendix E – Sea Systems. The Contractor may also plan and execute the work under an internal WBS employed by the Contractor. Internally, the Contractor may use an internal WBS that is consistent with the Contractor’s construction processes (e.g. modular-based construction practices) and reflects the planning and execution of work. The Contractor shall map the internal WBS at an appropriate level CWBS to support reporting in a MIL-STD-881 compliant product. The Contractor shall develop and maintain a Contract Work Breakdown Structure (DI-008). The CWBS shall provide traceability of all work performed by the Contractor and each sub-contractor/vendor.

C.3.041.5 RISK MANAGEMENT

The Contractor shall establish and execute a risk, issue, and opportunity (RIO) management program to identify risks, issues, and opportunities related to cost, schedule, and technical aspects. The RIO management program shall identify and implement mitigating actions for risks, and plans of action for issues and opportunities, from time of Contract award through the guaranty period. The Contractor shall prepare a Risk Management Plan (DI-009) and Risk Summary Report (DI-010).

C.3.041.6 QUALITY MANAGEMENT SYSTEM

The Contractor shall utilize a Quality Management System (QMS) certified to ANSI/ISO/ASQ 9001-2008 in the execution of this Contract. If the Contractor does not have a certified QMS ANSI/ISO/ASQ 9001-2008, certification shall be completed no later than 180 days after Contract award. The Contractor shall develop a Quality Assurance Program Plan (DI-011) defining the quality program, processes, procedures, and metrics to be employed for this Contract. The Contractor shall flow down QMS language in all subcontracts. The Contractor shall provide the Government access to all Contractor and subcontractor/vendor quality records generated in the performance of this Contract.

C.3.041.7 CORRECTIVE ACTIONS

The Contractor shall respond to all Corrective Action Request(s) (CAR) issued by the Government. For each CAR, the Contractor shall prepare a Corrective Action Response Report (DI-012).

C.3.041.8 PURCHASE ORDERS

The Contractor shall develop and maintain a Purchase Order Index (DI-013). The Contractor shall provide all Purchase Orders (DI-014), including Approval Purchase Orders (DI-014-01) and General Purchase Orders (DI- 014-02). Purchase Orders (POs) shall include all subcontractor and sub-tier POs, all attachments including general terms and conditions and special terms and conditions (unless otherwise directed by the Government), and their revisions shall contain complete information to identify all material, services and equipment required for the design, long lead time items, construction, verification, inspection, testing, and support of the vessel and its use shall be provided.

C.3.041.9 PROGRAM PROTECTION

The Contractor shall execute Program Protection measures to:

a. Identify and mitigate supply chain risks to the vessel.

b. Prevent counterfeit parts and malicious insertion.

c. Prevent mission loss by supplier delivered Information and Communications Technology (ICT).

In addition to accomplishing the security measures embodied in the National Industrial Security Program (NISP), the Contractor shall prepare a Program Protection Implementation Plan (PPIP) (DI-015) using Attachment J-11, Program Protection Implementation Plan (PPIP) Instructions.

Once approved, the Contractor shall utilize the PPIP in implementing the following:

a. Identification, Protection, and Management of Critical Program Information and Critical Components.

b. Management of System Security Activities.

c. Management of risks to mission-critical system’s functionality.

d. Management of risks to advanced technology from foreign collection.

e. Management of risks associated with design vulnerability.

f. Management of risks associated with supply chain exploitation or insertion.

Program protection shall identify and mitigate all risks to the vessel, to prevent counterfeit parts, malicious insertion, and battlefield loss. If supported by the information system, commercially available malicious code protection mechanisms (i.e. antivirus or similar) on all servers and workstations shall be implemented and shall be valid through the guaranty period. A DISA Approved Anti-Virus/Anti-Spyware product shall be provided. The Contractor shall strictly apply and enforce the requirements listed in the PPIP through the end of the guaranty period. The Contractor shall prepare: Supply Chain Risk Management (SCRM) and Counterfeit Prevention Report (DI-016) and Supply Chain Risk Management (SCRM) and Counterfeit Prevention Notification (DI-017).

The Contractor shall prepare a Program Protection Compromise Notification (DI-018) to alert the Government of loss or compromise per occurrence. Per DFARS 252.204-7012, SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019), a cyber incident shall also be reported within 72 hours to DoD at https://dibnet.dod.mil.

C.3.041.9.1 OPERATIONAL SECURITY

In accordance with the NISP, and as specified in the Attachment J-13, Contract Security Classification Specification (DD Form 254), the Contractor shall develop, implement, and maintain an Operational Security (OPSEC) program to protect classified and controlled unclassified activities, information, equipment, and material used or developed by the Contractor and by any subcontractors and vendors during the performance of this Contract. The Contractor shall be responsible for subcontractor’s implementation of the OPSEC requirements of this Contract.

C.3.041.10 COMMUNICATION SECURITY ACCOUNT

The Contractor shall be required to have Communication Security (COMSEC) equipment and a COMSEC account to accommodate the use of secure communications and equipment for Secret Internet Protocol Router Network (SIPRNet) account to receive and transmit classified information electronically.

C.3.041.10.1 DEFENSE COURIER SERVICE (DCS)

The Contractor shall require use of the Defense Courier Service (DCS) for the transfer of classified material.

C.3.041.10.2 DEFENSE TECHNICAL INFORMATION CENTER (DTIC)

The Contractor shall require use of the Defense Technical Information Center (DTIC) for applicable documentation.

C.3.042 MEETINGS, REVIEWS, CONFERENCES, AND WORKING GROUPS

The Contractor shall host Meetings, Reviews, Conferences, and Working Group Meetings at the Contractor facility, unless otherwise specified herein. The Contractor shall provide a conference room facility large enough to comfortably host each Government / Contractor meeting, review, conference, working group, and splinter session.

These events, if mutually agreed, may be held at a Government facility or may also be held by video-teleconference.

The Contractor shall prepare the Agendas and Presentation Materials (DI-019) and Meeting Minutes (DI-020) for conferences, reviews, working group meetings, and general meetings, unless otherwise specified herein by the Government. The Government may provide agenda topics to be discussed. The Government may cancel the meeting if Agendas and Presentation Materials are not received in a timely manner.

The Contractor shall arrange for the attendance of an American Bureau of Shipping (ABS) Representative, the SSV, and the NCC as noted in the below table.

Schedule of Meetings – Conferences - Reviews

Review Month1 1 2 3 4 5 6 7 8 9 10 11 12 13+ ABS6

SSV7

NCC8

Post Award Conference

(PAC)2

X R R R

DRL Review Conference² X

Specification Review Conference2

X R R R

Design Reviews (DR)3 X X X X X X Every 8 Weeks R R R

Single System Vendor (SSV) Design Review3

X X X X X X Every 8 Weeks R R R

Logistics Guidance Conference (LGC)2

X

Ship Production Progress Conferences (SPPC)4

X9 X X Every Quarter R R R

Integrated Logistics Support Management Team (ILSMT) Meetings4

X X X Every Quarter

Integrated Baseline Review (IBR)

X See C.3.041.3.8

Key Milestone and Readiness Reviews

Reviews Scheduling Criteria Participation

ABS6

SSV7

NCC8

Preliminary Design Review² When the maturity of Functional Design meets Contract requirements

R R R

Critical Design Review² When the maturity of the Design is ready for development of Production Work Packages

R R R

Production Readiness Review (PRR)5 Not less than 60 days prior to Start of Construction (SOC) of each ship

R R R

Launch Readiness Review (LRR) Not less than 30 days prior to launch of each ship

R

Trials Readiness Review (TRR)5 Conducted for each ship approximately 30 days prior to Builder’s Sea Trials (BST) and 14 days prior to Acceptance Trials

(AT).

R R R

Post-Award MSIP Kick-Off Meeting Conducted for each ship within 5 days of Option exercise (if Option is exercised)

R

Note 1: Months are measured from contract award and…