N00024-22-R-2244 AMD 0004.pdf

N0002422NR68039

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

See Block 14 continuation page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 47

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

16C. DATE SIGNED

BY

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 N0002422R2244

X 9B. DATED (SEE ITEM 11)

15-Jul-2022

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

21-Dec-2022

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:

N0002422R2244

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

PURPOSE OF AMENDMENT

The purpose of this amendment to solicitation N00024-22-R-2244 is to:

a) Revise SECTION A - SOLICITATION/CONTRACT FORM;

b) Revise SECTION B - SUPPLIES OR SERVICES AND PRICES

c) Revise SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT;

d) Revise SECTION D - PACKAGING AND MARKING;

e) Revise SECTION E - RECEIPT INSPECTION AND ACCEPTANCE;

f) Revise SECTION F - DELIVERIES OR PERFORMANCE;

g) Revise SECTION H - SPECIAL CONTRACT REQUIREMENTS;

i) Revise SECTION I - CONTRACT CLAUSES;

j) Revise SECTION J - LIST OF EXHIBITS/ATTACHMENTS;

k) Revise SECTION L - INSTRUCTIONS TO OFFERORS; and

l) Revise SECTION M - EVALUATION FACTORS FOR AWARD.

1. SECTION A - SOLICITATION/CONTRACT FORM is hereby amended as follows:

• GENERAL INFORMATION is revised to address shift from: two (2) base YON craft with four

(4) options for additional YON craft; to one (1) base YON craft with five (5) options for additional YON craft.

2. SECTION B - SUPPLIES OR SERVICES AND PRICES is hereby amended as follows:

• CLINs 1003, 2003, 4003, 5003, and 6003 are revised to allow for delivery at any of the Section F alternate delivery locations, following a bilateral post-award contract modification to exercise and establish delivery location;

• CLINs 1004, 2004, 4004, 5004, 5005, 6004, and 6005 are revised to RESERVED CLINs;

• CLINs 2001 and 2002 are revised to OPTIONs;

• CLIN 3003 is established for YON craft no. 3 to allow for delivery at any of the Section F alternate delivery locations, following a bilateral post-award contract modification to exercise and establish delivery location;

• CLIN 4003 is revised to apply to delivery of YON craft no. 4 only;

• NOTE B is revised to clarify text designator C-217-H003;

• NOTE C is added to clarify revisions to CLINs 1003, 2003, 4003, 5003, and 6003, and establishment of CLIN 3003; and

• Add B-232-H002, Payments—Alternate I.

3. SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT is hereby amended as follows:

• PART 1: STATEMENT OF WORK is revised to:

o Set CLINs 2001 and 2002 to OPTIONs;

o Revise statements on CLINs 1003, 2003, 4003, 5003, and 6003 to allow for delivery to a

Section F alternate delivery location;

o Establish statement on CLIN 3003 to allow for delivery to a Section F alternate delivery location; and o Mark as reserved CLINs 1004, 2004, 4004, 5004, 5005, 6004, and 6005;

• 2.0 CREW FAMILIARIZATION is revised to remove text associated with FOB: Destination delivery; and

• C-246-H003 is revised to align to revision of CLIN 2001 to OPTION.

4. SECTION D - PACKAGING AND MARKING is hereby amended as follows:

• Remove “at destination” from Contractor responsibility statement.

5. SECTION E - RECEIPT INSPECTION AND ACCEPTANCE is hereby amended as follows:

• Remove alternate Inspection and Acceptance locations;

• Remove E-246-H016 INSPECTION AND ACCEPTANCE OF F.O.B. DESTINATION

DELIVERIES (NAVSEA) (OCT 2018);

• Revise E-246-H017 INSPECTION AND ACCEPTANCE OF F.O.B. ORIGIN DELIVERIES

(NAVSEA) (OCT 2018) to refer to ALL Items; and

• Revise all Inspection and Acceptance terms to Origin.

6. SECTION F - DELIVERIES OR PERFORMANCE is hereby amended as follows:

• Revise alternate deliveries from specific locations to one of the four (4) locations listed, to be selected through Option Exercise;

• Remove specific delivery dates under exercised delivery CLINs;

• Add text for calculation of actual delivery dates and establishment of alternate delivery Option

CLIN dates;

• Remove FAR 52.247-34 F.O.B. Destination (NOV 1991);

• Remove delivery dates for CLINs 1003, 1004, 2003, 2004, 4003, 4004, 5003, 5004, 5005, 6003, 6004, and 6005; and

• Revise FOB: Destination deliveries to FOB: Origin (Shipping Point) deliveries.

7. SECTION H - SPECIAL CONTRACT REQUIREMENTS is hereby amended as follows:

• Added H-3 Alternate Deliveries to address how OPTIONs for alternate deliveries will be exercised.

8. SECTION I - CONTRACT CLAUSES is hereby amended as follows:

• Remove duplicative clause FAR 52.247-34 F.O.B. Destination (NOV 1991);

• Added DFARS 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS

PROGRAM—BASIC (JUN 2022);

• Revise FAR 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE

ITEM (MAR 1989) to change latest Option exercise dates.

9. SECTION J - LIST OF EXHIBITS/ATTACHMENTS is hereby amended as follows:

• Addendum L-7 is updated to v2.

10. SECTION L - INSTRUCTIONS TO OFFERORS is hereby amended as follows:

• Clarify which CLINs require Addendum L-7 pricing, at L.9.1.1(2)(a).

11. SECTION M - EVALUATION FACTORS FOR AWARD is hereby amended as follows:

• Add FAR 52.247-50 No Evaluation of Transportation Costs (Apr 1984).

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 1003

The CLIN description has changed from Delivery of Craft No. 1 to Sasebo to Delivery of Craft No. 1.

The CLIN extended description has changed from:

See Note A.

To:

See Notes A and C.

The FOB has changed from Destination to Origin (Shipping Point).

CLIN 1004

The CLIN description has changed from Delivery of Craft No. 1 to Norfolk to

RESERVED.

The pricing detail quantity has decreased by 1.00 from 1.00 to 0.00.

The FOB Destination has been deleted.

CLIN 1005

CLIN 2001

The option status has changed from No Status to Option.

CLIN 2002

The option status has changed from No Status to Option.

CLIN 2003

The CLIN description has changed from Delivery of Craft No. 2 to Norfolk to Delivery of Craft No. 2.

CLIN 2004

The CLIN description has changed from Delivery of Craft No. 2 to Manchester to

RESERVED.

CLIN 2005

CLIN 4003

The CLIN description has changed from Delivery of Craft No. 3 and 4 to Sasebo to Delivery of Craft No. 4.

CLIN 4004

The CLIN description has changed from Delivery of Craft No. 3 and 4 to Norfolk to

RESERVED.

CLIN 5003

The CLIN description has changed from Delivery of Craft No. 5 to Sasebo to Delivery of Craft No. 5.

CLIN 5004

The CLIN description has changed from Delivery of Craft No. 5 to Diego Garcia to

RESERVED.

CLIN 5005

The CLIN description has changed from Delivery of Craft No. 5 to Norfolk to

RESERVED.

CLIN 5006

CLIN 6003

The CLIN description has changed from Delivery of Craft No. 6 to Sasebo to Delivery of Craft No. 6.

CLIN 6004

The CLIN description has changed from Delivery of Craft No. 6 to Diego Garcia to

RESERVED.

CLIN 6005

The CLIN description has changed from Delivery of Craft No. 6 to Norfolk to

RESERVED.

CLIN 3003 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Each

OPTION Delivery of Craft No. 3

FFP

FOB: Origin (Shipping Point)

NET AMT

DELIVERIES AND PERFORMANCE

The following Delivery Schedule for CLIN 1003 has been deleted:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

660 dys. AOE 1 N/A

FOB: Destination

The following Delivery Schedule for CLIN 1004 has been deleted:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

630 dys. AOE 1 N/A

The following Delivery Schedule for CLIN 2003 has been deleted:

CAGE

690 dys. AOE 1 N/A

The following Delivery Schedule for CLIN 2004 has been deleted:

CAGE

690 dys. AOE 1 N/A

The following Delivery Schedule for CLIN 4003 has been deleted:

CAGE

840 dys. AOE 1 N/A

The following Delivery Schedule for CLIN 4004 has been deleted:

CAGE

810 dys. AOE 1 N/A

The following Delivery Schedule for CLIN 5003 has been deleted:

CAGE

480 dys. AOE 1 N/A

The following Delivery Schedule for CLIN 5004 has been deleted:

CAGE

The following Delivery Schedule for CLIN 5005 has been deleted:

CAGE

450 dys. AOE 1 N/A

The following Delivery Schedule for CLIN 6003 has been deleted:

CAGE

The following Delivery Schedule for CLIN 6004 has been deleted:

CAGE

The following Delivery Schedule for CLIN 6005 has been deleted:

CAGE

450 dys. AOE 1 N/A

INSPECTION AND ACCEPTANCE

The Acceptance/Inspection Schedule for CLIN 1002 has been changed from:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Destination Government Destination Government

To:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Origin Government Origin Government

The Acceptance/Inspection Schedule for CLIN 1003 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 1004 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 1005 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 2002 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 2003 has been changed from:

Destination Government Destination Government

The Acceptance/Inspection Schedule for CLIN 2004 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 2005 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 3002 has been changed from:

Destination Government Destination Government

To:

The following Acceptance/Inspection Schedule was added for CLIN 3003:

The Acceptance/Inspection Schedule for CLIN 4002 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 4003 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 4004 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 5002 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 5003 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 5004 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 5005 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 5006 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 6002 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 6003 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 6004 has been changed from:

Destination Government Destination Government

To:

The Acceptance/Inspection Schedule for CLIN 6005 has been changed from:

Destination Government Destination Government

To:

The following have been added by reference:

52.247-50 No Evaluation Of Transportation Costs APR 1984 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022

The following have been added by full text:

NOTE C

Delivery of associated YON Craft may be required to one of the four locations specified within Section F. In the event the Government determines such a delivery necessary, the delivery CLIN associated with the identified YON Craft will be negotiated in accordance with FAR 52.212-4(c) and Section H Clause, H-3 Alternate Deliveries, and are excluded from evaluation under the Solicitation, pursuant to provision FAR 52.247-50, No Evaluation of Transportation Costs.

B-232-H002 PAYMENTS ALTERNATE I (NAVSEA) (OCT 2018)

(a) Computation of Payments

(1) Until such time as physical progress in the performance of work on a vessel is fifty percent (50%) complete, the Government, upon submission by the Contractor of invoices certified by the Contractor as hereinafter provided, will promptly make payments, on account of the total contract price, at ninety percent (90%) of the amount determined by multiplying the total contract price of such vessel by the percentage of physical progress in the performance of work on such vessel as certified by the Contractor subject to the approval of the Supervisor; provided, that no such payment shall be made in an amount which when added to the total of all payments previously made with respect to such vessel under

(i) paragraph (a) of this contract requirement and (ii) the “Economic Price Adjustment” contract requirement exceeds one hundred percent (100%) of the allowable costs certified by the Contractor on the related invoice to have been incurred in the performance of work on such vessel.

(2) After the percentage of physical progress in the performance of work on a vessel has reached fifty percent (50%), the Government, upon submission by the Contractor of invoices certified by the Contractor as hereinafter provided, will promptly make payments, on account of the total contract price, of one hundred percent (100%) of the amount determined by: (i) multiplying the total contract price of such vessel by the percentage of physical progress in the performance of work on such vessel as certified by the Contractor subject to the approval of the Supervisor, and (ii) subtracting from that product five percent (5%) of the total contract price of such vessel; provided, that no such payment shall be made in an amount which when added to the total of all payments made previously with respect to such vessel under (i) paragraph (a) of this contract requirement and (ii) the “Economic Price Adjustment” contract requirement exceeds one hundred five percent (105%) of the allowable costs certified by the Contractor on the related invoice to have been incurred in the performance of work on such vessel; provided, further, that the Contractor furnishes data on actual cumulative costs and estimated future costs acceptable to the Supervisor which demonstrates to the satisfaction of the Supervisor that the Contractor will make a profit of at least five percent (5%) on completion of the contract, and the Contractor provides updated information on a quarterly basis. If updated data indicate the Contractor will not make a profit of at least five percent (5%) on completion of the contract, the progress payments shall be adjusted retroactively so that the total of all payments made with respect to the vessel under (i) paragraph (a) of this contract requirement and (ii) the “Economic Price Adjustment” contract requirement shall not exceed one hundred percent (100%) of the allowable costs certified by the Contractor on the related invoice to have been incurred in the performance of work on such vessel.

(b) Invoices

Invoices may be submitted every two weeks, but not more frequently; provided, however, that if after contract award more frequent progress payments are approved by the cognizant Government authority, this requirement shall be modified accordingly without additional consideration by the Contractor to the Government for such modification. No payment will be required to be made upon invoices aggregating less than five thousand dollars ($5,000). The Contractor shall certify on each invoice:

(1) the percentage of physical progress in the performance of work on the vessel as a decimal carried to four places;

and

(2) the allowable costs incurred in the performance of the work on the vessel as of the date the invoice is submitted.

Such certification shall provide for cost category reporting in accordance with the Contractor's normal accounting system and shall be broken down into direct material, direct labor, and indirect costs.

(c) Physical Progress and Weighting Factors

(1) Within sixty (60) days after contract award the Contractor shall submit a progressing system description for review and approval by the Contracting Officer. Upon approval of such system, progress payments shall be in accordance with the approved system. Subsequent revisions to the approved system shall be submitted to the Contracting Officer for approval prior to implementation.

(2) The mutually agreed upon weighting factors for the categories of labor and material for each vessel are set forth in Attachment to this contract. The weighting factors shall be revised quarterly. Notwithstanding the above, revision of weighting factors may be requested by either party when factual data indicate that the weighting factors then in use are no longer representative of the actual labor and material distribution. Revisions of weighting factors shall be supported by detailed (estimated final) direct material, direct labor, and indirect costs and additional data concerning the cause of the change in the weighting factors. Any change in the weighting factors shall be set forth in a supplemental agreement to this contract.

(d) Incurred Costs

For the purpose of this contract requirement, "incurred costs" are those costs identified through the use of the accrual method of accounting, as supported by the records maintained by the Contractor and which are allowable in accordance with Part 31 of the Federal Acquisition Regulation (FAR) and Part 231 of the Department of Defense FAR Supplement (DFARS) in effect on the effective date of this contract and include only:

(1) Costs for items or services purchased directly for the contract that have been paid by cash, check, or other form of actual payment; or when the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for items or services purchased directly for the contract and associated financing payments to subcontractors provided payments will be made;

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily prior to the submission of the Contractor's next payment request to the Government; and

(2) Costs incurred, but not necessarily paid, for materials issued from the Contractor's stores inventory and placed in the production process for use on the contract, for direct labor, for direct travel, for other direct in-house costs and for properly allocable and allowable overhead (indirect) costs, all as shown by records maintained by the Contractor for the purpose of obtaining payment under Government contracts, provided that the Contractor is not delinquent in payment of costs of contract performance in the ordinary course of business; and

(3) With respect to allocated and allowable costs of pension contributions, when pension contributions are paid by the Contractor to the retirement fund less frequently than quarterly, accruals of the costs of these pension contributions shall be excluded from the Contractor's incurred costs until such costs are paid. If pension contributions are paid on a quarterly or more frequent basis, accruals of such costs may be included in the Contractor's incurred costs, provided that the pension contributions are paid to the retirement fund within thirty (30) days after the close of the period covered by payment. If payments are not paid within such thirty (30) day period, pension contributions shall be excluded from the Contractor's incurred costs until payment therefor has been made.

(4) Incurred costs shall not include any costs which are required under any requirement of this contract (other than the “Economic Price Adjustment” contract requirement) to be reimbursed or paid by the Government to the Contractor or by the Contractor to the Government other than through an equitable adjustment in the contract price.

(5) If an overpayment is made relative to this paragraph (d), interest shall be charged at the prevailing per annum rate established by the Secretary of the Treasury, pursuant to Public Law 92-41, from the date such overpayment is made until the date the overpayment if fully recovered.

(e) Retentions

(1) Upon preliminary acceptance of each vessel and upon the submission of properly certified invoices, the Government will pay to the Contractor the amount withheld under paragraph (a) of this requirement in respect of that vessel in excess of (i) a performance reserve in the amount of one and one-half percent (1.5%) of the total contract price for such vessel, or (ii) one hundred thousand dollars ($100,000), whichever is greater. If at any time it shall appear to the Government that the amount of performance reserve may be insufficient to meet the cost to the Government of finishing any unfinished work under the contract for which the Contractor is responsible, or of correcting defects for which the Contractor is responsible which are discovered prior to preliminary acceptance or during the guaranty period of any vessel, the Government may, in making payments under this requirement, deduct or withhold such additional amounts as it may determine to be necessary to render such reserve adequate; provided, that any additional amounts deducted or withheld on account of defects which are discovered during the guaranty period of the vessel shall not exceed the limit of the Contractor's liability as set forth in the contract requirement entitled "Limitation Of Contractor's Liability For Correction Of Defects", reduced by the amounts of the cost incurred by the Contractor for work on such vessel because of Contractor responsible deficiencies which are discovered during the guaranty period of the vessel.

(2) The Government may, in its discretion, make payments prior to final settlement on account of the reserves established under this requirement, subject to such conditions precedent as the Contracting Officer may prescribe.

(3) The Government shall, at the time of final settlement, in accordance with the provisions of the contract requirement entitled "Final Settlement", pay the Contractor the balance owing to it under the contract promptly after the amount of such balance shall have been determined.

(f) Certifications and Audits

At any time or times prior to final payment under this contract, the Contracting Officer may have any invoices and statements or certifications of costs audited. The Contracting Officer may require the Contractor to submit, or make available for examination by the Contracting Officer or his designated representative, the supporting documentation upon which invoices, statements or certifications of costs are based. Each payment theretofore made shall be subject to reduction as necessary to reflect the exclusion of amounts included in the invoices or statements or certifications of costs which are found by the Contracting Officer, on the basis of such audit, not to constitute allowable costs. Any payment may be reduced for overpayments, or increased for underpayments on preceding invoices.

(g) Reduction or Suspension

The Contracting Officer may reduce or suspend payments after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (including but not limited to such requirements as quality, safety, care and protection).

(2) Performance of this contract is endangered by the Contractor’s

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(End of text)

The following have been modified:

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 Contract Financing Clause:

(APPLICABLE TO CLINs 1001, 2001, 3001, 4001, 5001, and 6001) In accordance with 52.232-29, the Contractor must provide adequate security to receive contract financing. If the Contractor’s financial condition is accepted as adequate security for inclusion of financing terms in the contract, the Contractor shall provide annual financial statements to the Government and immediately notify the Government if there is a change in the company’s financial condition. If the Contractor’s financial condition is no longer acceptable as adequate security, the Contractor shall, at no additional cost to the Government, provide additional adequate security, or the Government may no longer provide contract financing. FAR 32.202-4 paragraphs (b), (c), and (d) list forms of security that may be acceptable, to include but not limited to: a paramount lien, other assets, or other forms of security such as a letter of credit, bond, guarantee of repayment, or title to assets.

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

The Government will divide the total current price of the contract into nine (9) major events and using the applicable CLINs in Section B of the contract to calculate the interim finance payments. Interim payments will be made upon completion and acceptance of each event described below. There are eight major events described below, each having its own criteria for payment.

EVENT 1: 15%

Upon completion and acceptance of Post Award Review meeting minutes by the Government program office (PMS 300T), the Government will provide a single interim payment, 15% of the CLIN value.

EVENT 2: 15%

Upon completion and acceptance of proving the proof of start production of the ordered craft by the Government program office (PMS 300T) and submitting invoices from major components and raw material suppliers, the Government will provide a single interim payment, 15% of the CLIN value.

EVENT 3: 10%

Upon completion of fabrication of the first module of the craft, and delivery of photographs to the Government Program Office to verify completion of this event, the Government will provide a single interim payment, 10% of the CLIN value.

EVENT 4: 10%

Upon completion of construction for all major hull sections, completion of welding of the hull sections together from bow to stern, and delivery of photographs to the Government Program Office to verify completion of this event. The Government will provide a single interim payment, 10% of the CLIN value.

EVENT 5: 15%

Upon delivery of the complete draft Technical Data Package to the Government Program Office (PMS 300T) including all drawings, COTS technical manuals, and Craft Information Book (CIB) meeting the requirements in Section C, the Government will provide a single interim payment, 15% of the CLIN value.

EVENT 6: 10%

Upon successful completion of Acceptance Trials for each craft and acceptance of the Acceptance Trials Report for each craft by the Government program office (PMS 300T), the Government will provide an interim payment on a per craft basis. This event is 10% of the CLIN value.

EVENT 7: 20%

Upon acceptance of each craft by the Government program office (PMS 300T), the Government will provide an interim payment on a per craft basis until all of the craft on the contract are accepted. This event is 20% of the CLIN value

EVENT 8: 3%

The Government will provide 3% of the CLIN value sixty (60) days after acceptance of each craft by the Government Program Office (PMS 300T).

EVENT 9: 2%

The payment schedule includes a 2% withholding to be used as a performance reserve. This reserve will remain in the possession of the Government until the expiration of the warranty period provided however there is no uncompleted work remaining. The amount of this reserve released at the expiration of the warranty period is dependent on the value, determined by the Government, of any remaining unfinished work for which the Contractor is responsible. If at any time it appears to the Government that the amount of the performance reserve may be insufficient to meet the cost to the Government of finishing any unfinished work under the Contract for which the Contractor is responsible, or for correcting defects for which the Contractor is responsible whether discovered before or during the warranty period, the Government may, in making payments under this requirement, deduct or withhold such additional amounts as it may deem necessary to render this reserve adequate.

Please note: All conditions of Interim Payment Events must be met before submission of invoice for payment.

Failure to satisfy any condition will result in rejection of invoice. Submission of invoices for partial payments will not be accepted unless noted.

The interim payment events will be apportioned among each CLIN in Section B of the contract. As each interim payment is paid, the calculated amounts will be deducted from the total price of the CLINs. As a result, the unliquidated balance for each CLIN will be the total amount of each CLIN as shown in SECTION B, less the amounts paid above against each CLIN as indicated in Payment Events.

Any following modifications to the contract totaling under $100,000.00 per modification shall not be subject to a recalculation of the interim payments. The increase or decrease in price shall be reflected in Payment Event #6 in its entirety and should be invoiced at such time as indicated in Payment Event #6.

Any and all payments made hereunder shall be secured when made, by a paramount lien in favor of the Government upon craft, articles, and items contracted for on account of all payments so made and on all material, equipment and other property acquired for or allocated to the performance of this contract, except to the extent that the Government, by virtue of any other requirements of this contract, or otherwise shall have valid title to such articles, things materials, or other property as against other creditors of the Contractor. If such property is not identified by marking or segregation, the Government shall be deemed to have a lien upon a proportionate part of any mass of property with which such property is commingled. Any lien provided for by virtue of this paragraph is paramount to all other liens under the provisions of 10 U.S.C. § 2307.

Title to the craft under construction shall vest in the Government and title to all materials and equipment acquired for the performance of the contract shall vest in the Government upon delivery thereof to the place of the Contractor or other place of storage selected by the Contractor whichever of said events shall first occur; provided however, that notwithstanding the foregoing requirements concerning title, in the event of loss, theft or destruction of or damage to any such property before acceptance by the Government, the Contractor shall bear the risk of any such loss, theft, destruction or damage.

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

H-2 Payment Information for Other CLINs:

Payments for CLINs 1003, 1004, 1005, 2003, 2004, 2005, 4003, 4004, 5003, 5004, 5005, 5006, 6003, 6004, and 6005 shall be made upon completion and acceptance.

Payments for CLIN 7001 shall be made upon delivery and acceptance by the Government of the parts, tools, and equipment for each order

H-3 Alternate Deliveries:

As the exact destinations are not known for the alternate YON Craft deliveries, and it is impracticable to establish tentative or general delivery places for the purpose of evaluating transportation costs, the provision at FAR 52.247- 50, No Evaluation of Transportation Costs is included herein. If alternate delivery CLIN(s) are exercised, the Contracting Officer will select the appropriate Section F delivery location prior to the negotiation, and bilateral execution, of such an option CLIN pursuant to FAR 52.212-4(c) Changes within this contract. If solicited, a proposal for exercise of the

If Option CLIN(s) are exercised, the Contractor shall schedule performance of work so as to permit delivery of each YON craft to the location specified under each alternate delivery CLIN exercised. The work to be performed shall consist of delivering the specified YON craft as required by the Government for the alternate delivery CLIN under the scope of this Contract without causing delay or disruption to the work performed under this Contract, or any other Government contract, or any other work in process for the Government.

a. As used herein, the term “alternate delivery” means Option work under this Contract, exercised by the Contracting Officer, to deliver the specified YON Craft to a Section F destination other than the FOB Origin delivery location under the YON Craft CLIN.

b. Notwithstanding any clause, provisions, or term and condition of this Contract, adjustments in contract price through execution of an alternate delivery CLIN shall not include any amounts for cost of delay or disruption of work performed under this Contract, any other Government contract, or any other work in process for the Government.

c. The price of any / each alternate delivery CLINs shall be negotiated pursuant to clause FAR 52.212-4(c) Changes within this contract. If exercised, alternate delivery CLINs will be on a firm fixed price (FFP) basis. The Contractor must control the transportation costs of alternate deliveries; accordingly proposals for exercise of such a CLIN shall include three (3) competitive quotes for the specified delivery of the specified YON craft.

SECTION L - INSTRUCTIONS TO OFFERORS

THE GOVERNMENT RESERVES THE RIGHT TO REJECT ANY PROPOSAL THAT DOES NOT

SUBSTANTIALLY COMPLY WITH THESE PROPOSAL PREPARATION/SUBMISSION INSTRUCTIONS.

L.1. GENERAL

(1) This solicitation is issued as a Total Small Business Set-Aside to all interested prospective Offerors. All Offerors who receive the formal Request for Proposal (RFP), are considered a small business under The NAICS code for this solicitation is 336611, Ship Building and Repair, and who submit Proposals in accordance with this RFP will be evaluated. The size standard for this NAICS code is 1,250 employees.

(2) The YON Acquisition consists of a single Design and Construction phase. It is the intention of the Government to award one (1) contract pursuant to this solicitation. Offerors responding to this solicitation must have the demonstrated capability and facilities to construct the YON craft. Therefore, the resultant contract for this solicitation will only be awarded to a shipyard as the prime contractor.

(3) The Offeror shall submit all information required by the Schedule, Specification, and other attachments and exhibits within this Request for Proposal (RFP). Failure to comply with the terms and conditions of the RFP may result in the Offeror being removed from consideration for award. The Offeror’s proposal shall be based on the requirements contained in the RFP (including those documents, exhibits, and other attachments to the RFP identified in Section J). Offerors are required to submit a proposal encompassing all ITEMS listed in Section B herein.

Multiple proposals are not acceptable. Each Offeror shall submit only one proposal which represents their best approach to meeting the requirements of the solicitation. If using subcontractors Offeror’s shall explain how they intend to comply with FAR clause 52.219-14.

(4) Any offers without completed SECTIONS A “SOLICITATION/CONTRACT FORM” and/or B “SUPPLIES OR SERVICES AND PRICES/COST” may be rejected as non-responsive to this solicitation.

(a) Terms and Conditions

(1) Offerors shall submit the proposal by 1400 Eastern Daylight Time (EDT) on 15 August 2022.

(2) Proposals in response to this solicitation must be valid for a minimum of 60 calendar days from proposal submission date.

(3) Submission of e-mail offers is not authorized for this solicitation. Follow submisson requirements at

Section L.2.

(4) It is the Offeror’s responsibility to draft a logical, practical, clear and concise proposal that contains all pertinent information in sufficient detail so that the government evaluators are able to meaningfully evaluate the Offeror’s proposed approach and price without discussions. An Offeror’s proposal must clearly and convincingly demonstrate that the Offeror has a thorough understanding of the requirements and associated risks; is able, willing, and competent to devote the resources necessary to meet the requirement; and has valid and practical solutions for all requirements. The Offeror must include any data necessary to illustrate the adequacy of the various assumptions, approaches, and solutions to problems. In presenting material in this proposal, the Offeror is advised that quality of information is more important than quantity. Offerors must use quantitative terms whenever possible and avoid qualitative and subjective terms to the maximum extent practicable. Proposal volumes must be consistent internally.

(5) If an Offeror believes that the requirements and/or instructions in the RFP contain an error, omission, or are otherwise unsound, the Offeror should timely notify the Contracting Officer in writing with supporting rationale within five (5) days after release of this RFP on https://sam.gov.

(6) If the solicitation is amended, then all other terms and conditions that are not amended shall remain unchanged. Offerors are required to ensure all amendments are signed and submitted with the Offeror’s proposal before the RFP closing date and time.

(7) Offerors are cautioned that, in accordance with FAR 52.212-1 “Instruction to Offerors-Commercial Items”, the Government intends to award a contract on the basis of initial proposals received, without discussions.

Therefore, each proposal shall contain the Offeror’s best terms from a price and technical standpoint. The Government reserves the right to seek discussions and/or clarification as defined in FAR 15.306 after receipt of a Proposal in response to the RFP.

(8) The Government may judge a proposal to be unacceptable if the proposal contains statements that do not clearly reveal the Offeror’s proposed approach; statements that the Offeror will comply with the RFP or provide a particular feature or objective without explaining how the feature or objective will be met.

(9) The Government may reject any proposal that is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.

(10) Any data previously submitted in response to another solicitation will be assumed to be unavailable to the Government during this proposal evaluation and source selection process. Proposal data shall not be incorporated into the proposal by referring to another proposal or other instrument.

(11) The Government reserves the right to seek clarifications as defined in FAR 15.306 after receipt of the

Offeror’s responses to the RFP.

(12) General statements such as “the Offeror understands”, “the Offeror can or will comply with the requirements”, “standard procedures will be used”, “well-known techniques will be used”, or similar statements which merely paraphrase the solicitation in whole or in part will not constitute compliance with the requirements for proposal content. Data previously submitted, or presumed to be known (e.g., data or services previously submitted or performed for the Government), cannot be considered as part of the proposal unless physically incorporated into the proposal. Failure to conform to all requirements of this RFP may form the basis for rejection of the proposal.

(13) In the event that any portion of the proposal is written by anyone who is not a bona fide employee of the firm submitting the proposal, a certificate to this effect shall be furnished which must be signed by an authorized official of the Offeror and shall indicate the person’s name, employment capacity, firm name, relationship of that firm to the Offeror, and which portion of the proposal was written by that person.

(14) Offerors are advised that proposals will only be accepted from those Offerors proposing as potential prime contractors. Such Offerors shall be responsible for submitting complete proposal packages containing all components of the proposal inclusive of any team member or subcontract proposal information.

(15) Prior to using an appointed agent to communicate with the Government on matters concerning this RFP or any resulting contract, the Offeror shall send written notification to the Contracting Officer outlining the time period and conditions when the appointed agent is authorized to act or communicate on the Offeror's behalf. The Offeror shall identify in its response to this solicitation the name of any agent, consultant or third party it used in preparing its offer.

L.2. PROPOSAL SUBMISSIONS

(a) Content

(1) The Offeror is required to submit a proposal which is sufficiently detailed and complete to fully demonstrate understanding of, and compliance with, all of the requirements of the RFP/contract and shall contain only material directly related to this acquisition.

(2) A legible, neat, orderly and comprehensive proposal is required. Elaborate brochures or artwork, or expensive visual or presentation aids beyond those sufficient to present a complete and comprehensive proposal are unnecessary. Offerors shall follow the general rule that quality of information is significantly more important than quantity.

(3) Offerors are instructed to submit their proposal electronically via the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module (https://piee.eb.mil). Proposals submitted by mail or hand-carried will not be evaluated. Proposals sent through proprietary or third party File Transfer Protocol (FTP) sites or DoD SAFE may not be retrieved, nor evaluated. It is the responsibility of the Offeror to confirm receipt of proposals. A vendor registration guide for obtaining access to the PIEE Solicitation Module is posted to the Defense Pricing and Contracting website at:

https://www.acq.osd.mil/dpap/pdi/eb/docs/PIEE/PIEE_Solicitation_Module_Vendor_Access_Instructions.pdf

For instructions on how to post an offer, please refer to the Posting Offer demo:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf

It is the Offeror’s responsibility to obtain written confirmation of receipt of all electronic files for the full proposal.

Offerors’ proposals submitted via the PIEE Solicitation Module shall not contain CLASSIFIED

INFORMATION.

In the event that the Solicitation Module is down, or if the Offeror experiences technical difficulties, the Offeror shall immediately notify the Contracting Officer for an alternate proposal submission method.

This notification must occur prior to the proposal submission deadline. Offeror notification shall be in writing and may be in conjunction with verbal notification, but verbal notification alone shall not be https://piee.eb.mil/ https://www.acq.osd.mil/dpap/pdi/eb/docs/PIEE/PIEE_Solicitation_Module_Vendor_Access_Instructions.pdf https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf sufficient. It is the Offeror’s responsibility to obtain written confirmation of receipt of all electronic files of the full proposal by the NAVSEA Contracting office.

All proposals received after the exact time specified for receipt will be handled in accordance with FAR 52.215-1.

(4) It is an Offeror’s responsibility, when transmitting its proposal electronically, to ensure the proposal’s timely delivery by transmitting the proposal sufficiently in advance of the time set for receipt of proposals to allow for timely receipt by the agency.

VOLUME

FACTOR

Page Limit

I 1.0 Technical Merit of Design 100 I 2.0 Past Performance 10 II 3.0 Price N/A

(5) The Contracting Officer and Contract Specialist for this Solicitation are:

FELISHA MORSELL (SEA 02224),

CONTRACTING OFFICER

NAVAL SEA SYSTEMS COMMAND

EMAIL: FELISHA.M.MORSELL.CIV@US.NAVY.MIL

STEVEN NOEL (SEA 02224N),

CONTRACT SPECIALIST

NAVAL SEA SYSTEMS COMMAND

EMAIL: STEVEN.W.NOEL.CIV@US.NAVY.MIL

(6) NO PRICING INFORMATION (VOLUME II) IS TO BE INCLUDED IN THE TECHNICAL PROPOSAL

(VOLUME I). VOLUMES I AND II MAY BE SUBMITTED TOGETHER BUT THEY MUST BE

SEPARATE FILES AND APPROPRIATELY MARKED.

(b) Format

(1) Proposals shall be digitally-formatted for standard 8-1/2” by 11” pages, single-spaced. The font shall be Times New Roman with a font size of 12. Pages will have a one-inch margin, single line spacing set at 1 with spacing before and after paragraphs set at –0– and left aligned paragraphs. Drawing pages may be up to 11” x 17” digital page size. For text embedded in drawings or graphic portions of the proposal, the type font size may be any readable font type and size. Text located outside graphic portions of a sheet shall be Times New Roman with a font size of 12. Each page shall be labeled with the Offeror’s name and the Solicitation number.

A page is defined as a typed page of the proposal document, equivalent to one sheet of paper with typing on one side.

(2) Each Offeror shall submit separate technical and price proposals in accordance with the following requirements and limitations. The technical and price proposals may be submitted together in the same package, but shall be clearly identified in separate files.

(3) All pages shall contain the phrase: “SOURCE SELECTION SENSITIVE”.

(4) In addition to a completed and signed Standard Form 1449, the proposal must consist of Volumes I - II.

Volume I shall contain proposal information addressing the following technical and past performance information. Volume II shall contain proposed pricing information. All text shall be in Microsoft Word 2013 or searchable Adobe Acrobat Portable Document Format (PDF). All electronic files must be uncompressed and compatible with Microsoft Office 2013, Microsoft Project 2013 and Adobe Acrobat X™. All spreadsheets or mailto:ailto:STEVEN.W.NOEL.CIV@US.NAVY.MIL mathematical computations shall be working versions, including formulas and computations. Note, submission of locked spreadsheets will not be acceptable. Original documents created in Microsoft Word, Access, Excel, or equivalent shall be the actual workable documents, and not scanned Portable Document Format (PDFs). All Microsoft Excel files shall be completely readable and editable, as to ascertain the validity of the pricing or other data contained therein. All data and tables shall be in a printable format. All Adobe Acrobat files shall be word-searchable. Drawings shall be submitted in AutoCAD™ 2013 DWG format and PDF unless otherwise specified. The Integrated Master Schedule (IMS) shall be submitted in the Offeror’s native electronic file format in addition to PDF format.

(5) Electronic proposals shall be labeled specifying the volume number, title, RFP number, classification, and Offeror’s name. Separate e-files shall be used to enable rapid retrieval of all contents, including exhibits, appendices, and attachments, if any.

L.3. CROSS REFERENCING

Each volume of the proposal shall be written to the greatest extent possible on a stand-alone basis so that its content may be evaluated with a minimum of cross referencing to other volumes of the proposal.