N00024-22-R-2244 Amendment 0001 Conformed.docx

N0002422R2244

Section SF 1449 - CONTINUATION SHEET

SECTION A - SOLICITATION/CONTRACT FORM

GENERAL INFORMATION

This Request for Proposals (RFP) is soliciting firm-fixed price (FFP) proposals for commercially-available Fuel Oil Barges (YONs) that are designed and built to commercial standards. The base requirement is for two (2) YONs with contract options for up to four (4) additional YONs; packaging and delivery; crew familiarization; and PIO spares.

Contractors are requested to provide firm-fixed prices for craft meeting the requirements specified in this RFP. Instructions on information to be provided are included under Section L Instructions to Offerors. The Government intends to award a single FFP contract to the responsible Offeror whose conforming proposal is the Lowest-Price Technically-Acceptable (LPTA) proposal.

Any contract awarded as a result of this RFP shall be subject to the terms and conditions of the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and Navy-Marine Corp Acquisition Regulations (NMCARS) as applicable and shall be incorporated by reference in the contract.

All CLINs described herein shall be in accordance with the attached YON Requirements Matrix (Attachment J-1).

The RFP requirements are outlined below and in the Attachments.

CLIN Number 1001

YON Fuel Oil Barge Craft No. 1

FFP

FOB: Origin (Shipping Point)

PURCHASE REQUEST NUMBER: N0002422NR68039

NET AMT

CLIN Number 1002

Each

Data for CLIN 1001 (NSP)

Data for CLIN 1001. The data to be furnished hereunder shall be prepared in accordance with Attachment J-2, Data Requirements List, attached hereto.

NET AMT

CLIN Number 1003

FFP

See Note A.

FOB: Destination

NET AMT

CLIN Number 1004

FFP

See Note A.

NET AMT

CLIN Number 1005

FFP

See Note A.

NET AMT

CLIN Number 2001

YON Fuel Oil Barge Craft No. 2

See Note A.

NET AMT

CLIN Number 2002

Each

Data for CLIN 2001 (NSP)

Data for CLIN 2001. The data to be furnished hereunder shall be prepared in accordance with Attachment J-2, Data Requirements List, attached hereto.

NET AMT

CLIN Number 2003

FFP

See Note A.

NET AMT

CLIN Number 2004

FFP

See Note A.

NET AMT

CLIN Number 2005

FFP

See Note A.

NET AMT

CLIN Number 3001

FFP

See Note A.

NET AMT

CLIN Number 3002

Each

FFP

Data for CLIN 3001. The data to be furnished hereunder shall be prepared in accordance with Attachment J-2, Data Requirements List, attached hereto. See Note A.

NET AMT

CLIN Number 4001

FFP

See Note A.

NET AMT

CLIN Number 4002

Each

FFP

Data for CLIN 4001. The data to be furnished hereunder shall be prepared in accordance with Attachment J-2, Data Requirements List, attached hereto. See Note A.

NET AMT

CLIN Number 4003

FFP

See Note A.

NET AMT

CLIN Number 4004

FFP

See Note A.

NET AMT

CLIN Number 5001

FFP

See Note A.

NET AMT

CLIN Number 5002

Each

FFP

Data for CLIN 5001. The data to be furnished hereunder shall be prepared in accordance with Attachment J-2, Data Requirements List, attached hereto. See Note A.

NET AMT

CLIN Number 5003

FFP

See Note A.

NET AMT

CLIN Number 5004

FFP

See Note A.

NET AMT

CLIN Number 5005

FFP

See Note A.

NET AMT

CLIN Number 5006

FFP

See Note A.

NET AMT

CLIN Number 6001

FFP

See Note A.

NET AMT

CLIN Number 6002

Each

FFP

Data for CLIN 6001. The data to be furnished hereunder shall be prepared in accordance with Attachment J-2, Data Requirements List, attached hereto. See Note A.

NET AMT

CLIN Number 6003

FFP

See Note A.

NET AMT

CLIN Number 6004

FFP

See Note A.

NET AMT

CLIN Number 6005

FFP

See Note A.

NET AMT

CLIN Number 7001

FFP

See Notes A & B.

NET AMT

NOTE A

Option Items (CLINs 1003, 1004, 1005, 2003, 2004, 2005, 3001, 3002, 4001, 4002, 4003, 4004, 5001, 5002, 5003, 5004, 5005, 5006, 6001, 6002, 6003, 6004, 6005, and 7001) to which the option clause 52.217-7 under Section I is applicable, are to be supplied only if and to the extent said options are exercised. The Government is not obligated to order any or all of these items. Exercise of one option will not obligate the Government to the exercise of other options.

NOTE B

Provisional amounts for CLIN 7001 are subject to adjustment under the clause of this contract entitled “PROVISIONED ITEMS ORDER– ALTERNATE II,” for supplies or other requirements ordered pursuant to said clause. Amount in actual orders, if any orders are issued, will be individually priced. All orders hereunder are to be firm-fixed price. PIOs will be placed, if any, prior to the expiration of the warranty period in accordance with Attachment L-2, Commercial Warranty Terms.

CLAUSES INCORPORATED BY FULL TEXT

B-215-H002 REFUNDS (SPARES AND SUPPORT EQUIPMENT) (NAVSEA) (OCT 2018)

(a) In the event that the price of a spare part or item of support equipment delivered under this contract significantly exceeds its intrinsic value, the Contractor agrees to refund the difference. Refunds will not be made to recoup the amount of cost decreases that occur over time due to productivity gains (excluding economic purchase quantity considerations) or changes in market conditions.

(b) For purposes of this requirement, the intrinsic value of an item is defined as follows:

(1) If the item is one which is sold or is substantially similar or functionally equivalent to one that is sold in substantial quantities to the general public, intrinsic value is the established catalog or market price, plus the value of any unique requirements, including delivery terms, inspection, packaging, or labeling.

(2) If there is no comparable item sold in substantial quantities to the general public, intrinsic value is defined as the price an individual would expect to pay for the item based upon an economic purchase quantity as defined in FAR 52.207-4, plus the value of any unique requirements, including delivery terms, inspection, packaging or labeling.

(c) At any time up to two years after delivery of a spare part or item of support equipment, the Contracting Officer may notify the Contractor that based on all information available at the time of the notice, the price of the part or item apparently exceeds its intrinsic value.

(d) If notified in accordance with paragraph (c) above, the Contractor agrees to enter into good faith negotiations with the Government to determine if, and in what amount, the Government is entitled to a refund.

(e) If agreement pursuant to paragraph (d) above cannot be reached, and the Navy's return of the new or unused item to the Contractor is practical, the Navy, subject to the Contractor's agreement, may elect to return the item to the Contractor. Upon return of the item to its original point of Government acceptance, the Contractor shall refund in full the price paid. If no agreement pursuant to paragraph (d) above is reached, and return of the item by the Navy is impractical, the Contracting Officer may, with the approval of the Head of the Contracting Activity, issue a Contracting Officer's final decision on the matter, subject to Contractor appeal as provided in the "Disputes" clause (FAR 52.233-1).

(f) The Contractor shall make refunds, as required under this requirement, in accordance with instructions from the Contracting Officer.

(g) The Contractor shall not be liable for a refund if the Contractor advised the Contracting Officer in a timely manner that the price it would propose for a spare part or item of support equipment exceeded its intrinsic value, and with such advice, specified the estimated proposed price, the estimated intrinsic value and known alternative sources or item, if any, that can meet the requirement.

(h) This requirement does not apply to any spare parts or items of support equipment whose price is determined through adequate price competition. This requirement also does not apply to any spare part or item of support equipment if the Contractor submitted, and certified the currency, accuracy and completeness of, cost or pricing data applicable to the item.

(End of text)

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PART 1: STATEMENT OF WORK

Item 1001 – YON Fuel Oil Barge Craft No. 1 The Contractor shall design and construct one YON Fuel Oil Barge as specified in this Section C and in the YON Requirements Matrix attached hereto as Attachment J-1.

Items 1002 and 2002 (AND Items 3002, 4002, 5002, and 6002 IF OPTIONS ARE EXERCISED) –Data for Items 1001 and 2001 (and OPTION Items 3001, 4001, 5001, and 6001 if options are exercised) (NSP) Data shall be prepared in accordance with this Contract, and as instructed in Attachment J-1 YON Requirements Matrix, and Attachment J-2 Data Requirements List (DRL). The Contractor shall prepare production, logistic support, and test and trial documentation which meet the requirements of this Contract and its attachments. The Contractor shall verify that the final technical data deliverables, in accordance with the DRL, accurately reflect the craft as delivered and as modified under this Contract at the conclusion of the warranty period in accordance with Attachment J-7, Commercial Warranty Terms.

Item 1003 – OPTION - Delivery of Craft No. 1 to Sasebo The Contractor shall prepare the YON craft for shipment as specified in Section D. The Contractor shall deliver the YON with transportation charges prepaid by the Contractor to NAVSUP FLC Yokosuka Site Sasebo (Sasebo, Japan) as specified in Section F.

Item 1004 – OPTION - Delivery of Craft No. 1 to Norfolk The Contractor shall prepare the YON craft for shipment as specified in Section D. The Contractor shall deliver the YON with transportation charges prepaid by the Contractor to NAVSUP FLC Norfolk Craney Island Fuel Depot (Portsmouth, VA) as specified in Section F.

Item 1005 – OPTION – Crew Familiarization for Craft No. 1 The Contractor shall provide Crew Familiarization as specified in this Section C.

Item 2001 – YON Fuel Oil Barge Craft No. 2 The Contractor shall design and construct one YON Fuel Oil Barge as specified in this Section C and in the YON Requirements Matrix attached hereto as Attachment J-1.

Item 2003 – OPTION - Delivery of Craft No. 2 to Norfolk The Contractor shall prepare the YON craft for shipment as specified in Section D. The Contractor shall deliver the YON with transportation charges prepaid by the Contractor to NAVSUP FLC Norfolk Craney Island Fuel Depot (Portsmouth, VA) as specified in Section F.

Item 2004 – OPTION - Delivery of Craft No. 2 to Manchester The Contractor shall prepare the YON craft for shipment as specified in Section D. The Contractor shall deliver the YON with transportation charges prepaid by the Contractor to NAVSUP FLC Puget Sound Manchester Fuel Department (Manchester, WA) as specified in Section F.

Item 2005 – OPTION – Crew Familiarization for Craft No. 2 The Contractor shall provide Crew Familiarization as specified in this Section C.

Item 3001 – OPTION - YON Fuel Oil Barge Craft No. 3 The Contractor shall design and construct one YON Fuel Oil Barge as specified in this Section C and in the YON Requirements Matrix attached hereto as Attachment J-1.

Item 4001 – OPTION - YON Fuel Oil Barge Craft No. 4 The Contractor shall design and construct one YON Fuel Oil Barge as specified in this Section C and in the YON Requirements Matrix attached hereto as Attachment J-1.

Item 4003 – OPTION - Delivery of Craft No. 3 and 4 to Sasebo The Contractor shall prepare the two (2) YON craft for shipment as specified in Section D. The Contractor shall deliver the two (2) YONs with transportation charges prepaid by the Contractor to NAVSUP FLC Yokosuka Site Sasebo (Sasebo, Japan) as specified in Section F.

Item 4004 – OPTION - Delivery of Craft No. 3 and 4 to Norfolk The Contractor shall prepare the two (2) YON craft for shipment as specified in Section D. The Contractor shall deliver the two (2) YONs with transportation charges prepaid by the Contractor to NAVSUP FLC Norfolk Craney Island Fuel Depot (Portsmouth, VA) as specified in Section F.

Item 5001 – OPTION - YON Fuel Oil Barge Craft No. 5 The Contractor shall design and construct one YON Fuel Oil Barge as specified in this Section C and in the YON Requirements Matrix attached hereto as Attachment J-1.

Item 5003 – OPTION - Delivery of Craft No. 5 to Sasebo The Contractor shall prepare the YON craft for shipment as specified in Section D. The Contractor shall deliver the YON with transportation charges prepaid by the Contractor to Fleet Activities Sasebo (Sasebo, Japan) as specified in Section F.

Item 5004 – OPTION - Delivery of Craft No. 5 to Diego Garcia The Contractor shall prepare the YON craft for shipment as specified in Section D. The Contractor shall deliver the YON with transportation charges prepaid by the Contractor to NAVSUP FLC Yokosuka Site Diego Garcia (Diego Garcia, British Indian Ocean Territory) as specified in Section F.

Item 5005 – OPTION - Delivery of Craft No. 5 to Norfolk The Contractor shall prepare the YON craft for shipment as specified in Section D. The Contractor shall deliver the YON with transportation charges prepaid by the Contractor to NAVSUP FLC Norfolk Craney Island Fuel Depot (Portsmouth, VA) as specified in Section F.

Item 5006 – OPTION – Crew Familiarization for Craft No. 5 The Contractor shall provide Crew Familiarization as specified in this Section C.

Item 6001 – OPTION - YON Fuel Oil Barge Craft No. 6 The Contractor shall design and construct one YON Fuel Oil Barge as specified in this Section C and in the YON Requirements Matrix attached hereto as Attachment J-1.

Item 6003 – OPTION - Delivery of Craft No. 6 to Sasebo The Contractor shall prepare the YON craft for shipment as specified in Section D. The Contractor shall deliver the YON with transportation charges prepaid by the Contractor to Fleet Activities Sasebo (Sasebo, Japan) as specified in Section F.

Item 6004 – OPTION - Delivery of Craft No. 6 to Diego Garcia The Contractor shall prepare the YON craft for shipment as specified in Section D. The Contractor shall deliver the YON with transportation charges prepaid by the Contractor to NAVSUP FLC Yokosuka Site Diego Garcia (Diego Garcia, British Indian Ocean Territory) as specified in Section F.

Item 6005 – OPTION - Delivery of Craft No. 6 to Norfolk The Contractor shall prepare the YON craft for shipment as specified in Section D. The Contractor shall deliver the YON with transportation charges prepaid by the Contractor to NAVSUP FLC Norfolk Craney Island Fuel Depot (Portsmouth, VA) as specified in Section F.

Item 7001 - Provisioned Item Orders (PIO) The Government may order spares for the procured craft under this Item. Orders, if any, will be made in accordance with C-217-H003 PROVISIONED ITEM ORDERS-- ALTERNATE II – SPARES. In the event that spares are ordered, the Contractor shall be responsible for packaging and loading spares onboard the craft prior to shipment or shipping the spares separately. The Contractor shall accomplish receipt, inspection, identification, packing, marking, stowage, and loading of all spare parts, tools, test equipment and other material that may be ordered. A copy of the packing list shall be securely attached to the outside of each box for shipment with the craft.

1.0 CONTRACTOR RESPONSIBILITY FOR DESIGN

In as much as the Contract Specifications and contract design are prepared and developed by the Contractor, the Contractor assumes the responsibility for the completeness, thoroughness and adequacy of the specifications for designing and building the Fuel Oil Barge (YON) and for its meeting the requirements of the Statement of Work (SOW) and the Requirements Matrix. In the event there are any errors or omissions in the Contractor’s specifications, or in the accompanying information that affect the detailed design and construction of the craft, the Contractor shall correct such errors or omissions as a part of the contract work with no increase in contract price.

Furthermore, the Contractor shall be responsible for ensuring that the craft as delivered after construction shall comply with all the applicable laws of the United States and the requirements and standards of the various Regulatory Bodies and other organizations identified in the Requirements Documentation. The YON shall comply with:

1. American Bureau of Shipping (ABS) Rules

2. U.S. Coast Guard Regulations/Instructions

3. Institute of Electrical and Electronic Engineers Recommended Practice for Electrical Installations on Shipboard (IEEE STD 45) Any inquiries or comments made or not made by the Government in its evaluation of the Contractor’s specification and contract design upon which this contract is awarded are made for informational purposes and shall not relieve the Contractor of the responsibilities described above.

2.0 CREW FAMILIARIZATION (OPTION – IF EXERCISED, SEE SECTION B)

The Contractor shall provide eight (8) hours of crew familiarization per craft to personnel involved in the operation, maintenance, and repair of the craft. The familiarization shall be held at the delivery location within 15 days of craft delivery and shall be scheduled as agreed to by the Government. The familiarization shall provide crew orientation and a general understanding of the operation of the craft and its general arrangements. Topics to be covered include: Tank Level Indicator (TLI) system; instruments and alarms; safety and warning systems; cargo tank, piping and valve arrangements; cargo pump; cargo pump diesel engine; generator set; auxiliary fuel oil and filtering systems; fire-fighting system; and electrical system including shore power and grounding. Less than 20% of the familiarization shall be classroom instruction; the remainder of the time shall be on the barge, with a fully-qualified technical representative. The maximum number of attendees for any seminar will not exceed 20. A Government representative will be in attendance during all sessions to audit the instructor’s presentation. The Contractor shall provide handouts and other training materials to all participants. The Contractor shall maximize the use of existing documentation as instructional materials, such as equipment technical manuals, Craft Information Book, construction and equipment drawings, and other documentation as required.

3.0 SCHEDULES

The Contractor shall develop schedules necessary for the construction of the craft. Schedules shall include, in proper sequence, the actions, events and milestones, for all major stages of construction of the craft with corresponding planned start and completion dates listed as days after contract award (DACA) and the actual completion dates. A column shall be provided for comments to include an explanation of problems encountered and clarification remarks. All schedules shall be maintained current to the delivery submittal schedule requirements, and submitted, in accordance with Attachment J-2. All schedules shall be provided to the Government upon request.

The Craft Master Construction/Key Event production schedule shall show the flow of construction progress from beginning to end. Events are to be identified as a completed action during the construction phase. The schedule shall include the event, the percent of labor required to complete that item, the cumulative percent of labor, the original estimated completion date, and the current estimated or actual completion date.

The Drawing Schedule shall consist of a listing of drawings with the following information: drawing title, NAVSEA drawing number, latest revision letter, scheduled issue dates, actual issue dates, and revised dates.

The Paint Schedule shall list each component/space to be painted, surface preparation, insulation, primer, stripe coat application and each overcoat. Colors, types, number of coats, Dry Film Thickness (DFT), application method, brand names and manufacturer, product data sheets and remarks shall be included.

A Paint Application Report, signed by a paint manufacturer’s representative shall be provided certifying that the paint has been applied under supervision of the paint manufacturer’s representative and in accordance with the manufacturer’s recommendations. The application report shall include the coating manufacturer name, coating name, coating batch number, application area, date and time of application, surface preparation, environmental conditions (weather, temperature, humidity, dew point, surface temperature), and random film thickness measurements for each application.

4.0 TECHNICAL DATA PACKAGE (TDP)

4.1 Scope. The Contractor shall provide a complete Technical Data Package (TDP) to include Construction Drawings and Associated Lists, Commercial Off-the-Shelf (COTS) Technical Manuals, Craft Information Book (CIB), and Vendor Recommended Spares (VRS) Listings. The Technical Data Package shall include all information necessary for proper evaluation, acceptance, operations, support, maintenance, and repair of the craft as described below and in items 08500.01 through 08600.04 in the attached YON Requirements Matrix (Attachment J-1). All items composing the TDP shall match the as-built configuration of the craft. Final versions of all items composing the TDP shall incorporate all comments previously received from the Government.

4.2.2 Construction Drawings and Associated Lists. The Contractor shall provide Construction Drawings and Associated Lists. These products shall provide all the design information necessary to enable a manufacturer of similar products to produce and maintain quality control of item(s) so that the resulting performance characteristics simulate those of the original design. The drawings shall include equipment and construction drawings of the end product and provide the necessary data to permit competitive acquisition of items identical to the original item(s) for the purposes of maintenance, repair, training, or other support.

Drawings shall document directly or reference the following: Details of unique processes when essential to design and manufacture; performance rating of equipment; dimensional data; tolerance input and output characteristics; diagrams; mechanical and electrical interfaces; details of material identification including protective coatings; requirements for reliability, maintainability, and environmental conditioning.

All necessary mechanical dimensions, electrical parameters, physical parameters and environmental conditions to define fabrication and interface requirements shall be included on the applicable drawings.

Drawings shall identify scale and list principle dimensions. Drawings submitted as reproducible shall be of such clarity as to produce a fourth generation copy with 100% legibility. Reproducible digital format shall be submitted on CD or DVD in both AutoCAD DWG format and Adobe PDF format. Hard copies shall be eleven inches by seventeen inches (11” x 17”) and shall be bound with a durable cover.

The Contractor shall provide a set of completed draft construction drawings to the Government in digital format thirty (30) days prior to Acceptance Trials (AT). Two (2) sets of final drawings in both digital format and hard copy are due with each craft delivery. Concurrent with each craft delivery, the Contractor shall also provide one (1) final set of drawings in digital format only, which shall be delivered to the Program Office on CD or DVD or via DoD file transfer service. The Contractor shall provide a listing of all drawings provided which shall include the title of each drawing, the version, and the filename.

4.2.3 Craft Information Book (CIB). The Contractor shall provide a CIB to serve as the primary intrasystem and intersystem technical publication covering installation, operation, and maintenance of craft systems and equipment. The Contractor shall provide the CIB in both printed format and in Adobe PDF format on CD or DVD. The printed version of the CIB shall be bound in a ring binder with a durable cover. The Contractor shall provide one (1) complete preliminary CIB sixty (60) days prior to AT. The Contractor shall provide one (1) revised CIB at AT, which shall include updates incorporating comments received by the Government. The Contractor shall provide two (2) final CIBs with each craft delivery. Concurrent with each craft delivery, the Contractor shall also deliver one (1) additional CIB in digital format only to the Program Office. The CIB shall include installation, operation, and maintenance of all craft systems and equipment including mechanical, piping, electrical, and electronics systems and equipment. The CIB shall provide a thorough understanding of all equipment on the craft, their intended functions, operations, and limitations, together with intrasystem and intersystem capabilities and limitations. The CIB shall be of sufficient detail for acceptance, operation/training, maintenance, repair, modification and supply support for the delivered craft including all installed accessory items. The CIB shall match the as-built configuration of the craft. The CIB shall meet the following requirements:

4.3 Rights in Technical Data: Rights in Technical data and technical data marking requirements shall be in accordance with DFARS 252.227-7013 Rights in Technical Data—Non-commercial Items, as invoked in Section I of this RFQ. Data rights shall be unlimited for non-commercial technical data (drawings, manuals, etc. developed by the builder) provided to support acceptance, operation/training, maintenance, repair, modification and supply support for the delivered craft. Hull lines drawings and other proprietary details of the craft/system design shall be marked for limited release per DFARS 252.227-7013; such drawings will only be used within the Government for acceptance, operation/training, maintenance, repair, modification and supply support for the delivered craft. The contractor shall not deliver any technical data with restrictions on reproduction or release unless valid rationale is provided as required by DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data, as invoked in Section I of this RFQ.

Instructions regarding use of certain software products (i.e. AutoCAD, Adobe PDF) herein shall not be construed as Government endorsement of specified products.

5.0 POST-AWARD CONFERENCE

The Government will conduct a post-award conference within thirty (30) days after contract award. The Government will provide an agenda five (5) days prior to the conference. The conference will be held at the Contractor’s or Builder’s facility or by phone at the Government’s discretion. Topics will include, but not be limited to, documentation review, discussion of the Contractor’s understanding of the technical requirements, and schedule considerations.

6.0 INTERIM PROGRESS REVIEWS (IPR)

The Contractor shall host up to two (2) interim progress review per year at the Contractor’s or Builder’s facility. Scheduling of interim progress reviews shall be mutually agreed upon by both the Contractor and the Government. The Contractor shall provide 30 days prior notice of the dates for interim progress reviews along with suggested agendas. The Government reserves the right to approve or disapprove agendas.

When interim program reviews are conducted, agendas shall include the following items: a schedule of key events which shows the flow of construction progress from contract award to craft delivery and includes the percent of progress to date, original estimated completion date, current estimate or actual completion date for the craft; a current Technical Data Package status report; a matrix showing the status of all open items including: Contract Problem Identification Reports (CPIRs), logistics issues, and provide a summary on overall progress specifically, a discussion of all problems which will disrupt or otherwise adversely affect the orderly construction of the craft and identify required Government action that is currently adversely affecting craft construction, the date by which the action must be taken, and the impact on construction schedules if not taken by that date.

7.0 APPEARANCE OF CRAFT WHEN DELIVERED

The Fuel Oil Barges (YONs) shall be delivered with all items such as; equipment, auxiliary systems, piping, ulkheads, decks, overheads, machinery spaces, bilges, etc., displaying an obvious appearance of being new and unused. The craft shall be free of dirt and debris associated with construction and transit to destination. The craft shall be delivered with all areas of the craft (including but not limited to cargo tanks, cargo piping, voids, and compartments) clean and dry. The Contractor shall remove ballast water prior to delivery and areas which contained or contacted ballast water shall be thoroughly cleaned and dried. The craft when delivered to the required destination shall, in addition to the above, also display the highest level of cleanliness such that all areas of the craft can be immediately utilized for their intended purpose.

8.0 INCLINING/STABILITY/WEIGHT REPORTS

The Contractor shall perform an inclining experiment prior to builder’s trials on the first craft constructed under this contract. The inclining experiment shall be performed in accordance with Regulatory Body requirements and ASTM F1321, “Standard guide for Conducting a Stability Test to Determine the Light Ship Displacement and Centers of Gravity of a Vessel”. On all craft following the first hull, the Contractor shall conduct a deadweight survey in lieu of the inclining experiment.

The Contractor shall provide an Intact and Damage Stability Report including a summary of the intact and damage stability analysis required by 46 CFR and Regulatory Body criteria for craft stability.

The Contractor shall provide weight reports in accordance with Regulatory Body requirements. Weight reports shall include Light Ship (Condition A), and Full Load (Condition D) conditions.

9.0 TRIALS

The Contractor shall perform the following trials:

Builder’s Trials (BT) – BT shall demonstrate the successful operation of all craft equipment and systems, that the craft is seaworthy, and that the craft is ready for AT. BT shall be conducted using SNAME T&R Bulletin 3-39 Guide for Shop and Installation Tests (2018) for guidance, as applicable. The Contractor shall send BT schedule notification to the Government at least thirty (30) days prior to BT. BT shall be witnessed by the Government and/or the Government Representatives at the discretion of the Government. The Contractor shall send the BT trials report to the Government following completion of BT and no less than seven (7) days prior to AT. The Contractor shall also make the BT trials report available to the Government at AT. Successful completion of BT is a prerequisite to AT.

Acceptance Trials (AT) – Prior to delivery, the Contractor shall conduct Acceptance Trials (AT) to ensure the craft is complete, meets contract requirements, and is in all respects ready for service. Completeness shall be determined and agreed upon by both the Contractor and the Government. AT shall be conducted using SNAME T&R Bulletin 3-39 Guide for Shop and Installation Tests (2018) for guidance, as applicable. AT shall be conducted by the Contractor and shall be witnessed by Government representatives, who will include Program Office representatives and President, Board of Inspection and Survey (PRESINSURV) representatives and may include representatives from the operating activity (end users).

The Contractor is responsible for conducting BT and AT and shall provide all the necessary materials, fuel, fluids, power, tools, equipment, instrumentation, and qualified personnel to safely operate the craft and to conduct the trial test, inspection and demonstration. Unless otherwise authorized by the Government, the trial test, inspection and demonstration shall be performed in the presence of the Government or Government Representatives.

Airborne noise and vibration surveys shall be performed during BT and AT. All noise and vibration surveys shall be performed with the cargo pump diesel engine and the diesel generator at Maximum Continuous Rating and all Ventilation systems and equipment in normal operation.

The Contractor shall schedule AT as agreed to by the Government to accommodate the schedules of both the Program Office (PMS 300) and PRESINSURV. The Contractor shall provide an estimated date for AT six (6) months prior to the planned AT date. The Contractor shall notify the Government immediately of any change in the estimated AT date. To meet contract delivery dates, it is recommended that the Contractor schedule AT no later than eight (8) weeks prior to the contract delivery date to allow sufficient time for required evolutions (i.e. AT discrepancies corrections, shipping, and receipt at destination). See Section C Item Descriptions for potential Contractor liabilities if the Contractor cannot satisfactorily conduct AT after arrival of the Government PDIT team at the Contractor’s facility.

The Contractor shall provide notification of readiness for AT and a copy of the preliminary AT agenda and test plan at least thirty (30) days prior to AT. Final AT agenda and test plan incorporating all prior comments received from the Government shall be provided to the Government fourteen (14) days prior to AT. The AT test plan shall include detailed operational procedures to be used for checking and verifying satisfactory operation of all installed craft systems. Detailed test operational procedures shall include data to be recorded or verified and pass/fail criteria as applicable. The Government reserves the right to approve or disapprove the AT agenda and test plan. Government approval of the AT agenda and test plan is a prerequisite to AT.

Notification of proposed AT dates and agenda and test plan shall be sent to the following PMS300 contact:

Cedric DeDeaux, Tel: 202-765-4858, E-mail: cedric.n.dedeaux.civ@us.navy.mil

Satisfactory completion of AT and resolution of any resulting discrepancies (including corrections to drawings, CIB, and other technical data) shall be a condition for acceptance of the craft by the Government. Any unresolved discrepancies may result in acceptance and/or payment delays. The Contractor shall provide copies of the completed AT report to the Government within 7 days following AT. After completion of AT and before delivery of the craft, the Contractor shall resolve all craft discrepancies to the satisfaction of the Government. To allow sufficient time for correction of any craft discrepancies, the Contractor shall not schedule delivery of the craft prior to fourteen (14) days following completion of AT without prior approval of the Government.

10.0 INTEGRATED ENVIRONMENTAL, SAFETY, AND HEALTH

The Contractor shall comply with Federal, State, and Local Integrated Environmental, Safety, and Health (IESH) requirements and the IESH requirements of this contract. System safety engineering and management controls shall be integrated into the design and construction process with emphasis on minimizing mishap risk and avoiding hazardous operations. System safety and risk items shall be addressed at each IPR.

The Contractor shall provide sufficient information in the Builders Trials and Acceptance Trials Agendas to support the Government’s compliance with the National Environmental Protection Act (NEPA) including test locations, time of year, duration and identification of test elements that may impact the human environment.

Asbestos and lead paint shall not be used in the construction of the craft. The use of and dependence on hazardous material, as defined in 40 CFR 116.4, throughout the craft life cycle shall be avoided. Pollution prevention measures, including source reduction and material substitution shall be incorporated in the craft design. Alternatives to hazardous material shall be used where applicable. Class I and Class II ozone depleting substances, as defined by the Clean Air Act, 42 United States Code (U.S.C) section 7671, are prohibited in all craft systems and equipment. If the Contractor is unable to satisfy a requirement without the use of a Prohibited or Restricted substance, the Contractor shall prepare a NAVSEA Hazardous Material Waiver Request. The Contractor shall provide Safety Data Sheets for all applicable substances.

11.0 QUALIFICATION OF CONTRACTOR NONDESTRUCTIVE TESTING (NDT)

PERSONNEL FOR COMMERCIAL CONSTRUCTION

The Contractor and any Nondestructive Testing (NDT) subcontractor shall utilize, for the performance of required NDT, only personnel who are currently certified, as a minimum, in accordance with Recommended Practice No. ASNT SNT-TC-1A, or the Regulatory Bodies. An NDT subcontractor is defined as a first tier subcontractor performing NDT in conjunction with the production of materials, components, or equipment for the vessel. NDT includes radiography, magnetic particle, liquid penetrant, eddy current, ultrasonic inspections and visual inspections.

Certification of Level III (NDT Examiner) personnel shall be based, as a minimum, on successful completion of appropriate American Society for Nondestructive Testing Level III Examinations and associated fabrication documents or other Regulatory Body qualifications. Examinations may be developed and administered by the Contractor or by an outside agent designated in the Contractor’s written practice. Documentation pertaining to the qualification and certification of NDT personnel shall be available to the Contracting Officer for review upon request.

12.0 WARRANTY

The Contractor shall correct defects in accordance with the warranty provided in Section J, Attachment J-7, Commercial Warranty Terms.

13.0 REQUEST FOR VARIANCE

In the event that a baseline design related requirement or a performance requirement cannot be met, and a change to the baseline design requirement or performance requirement is inappropriate, the Contractor shall prepare a request for variance (RFV).

RFVs describe proposed departures from configuration documentation. The request for variance shall provide detailed justification and consequences of approval, to include technical details explaining the degree of non-compliance or effect on craft equipment or system operation constraints. The request for variance shall document an “As-Built” configuration that departs from baseline documentation and should include any proposed corrections or modifications to better meet the intent of the baseline document. RFVs shall contain the following information: submittal date; originator name and address; designation for variance including variance number, variance title, model/type, CAGE code, and system designation; need for variance; description of variance; specification/test plan affected; drawings affected; contract number and line item; Procuring Contracting Officer; effect on cost/price/delivery schedule; class applicability; recurring variance; and an authorized signature. If any of this information is not applicable, so state.

CLAUSES INCORPORATED BY FULL TEXT

C-202-H002 ADDITIONAL DEFINITIONS–ALTERNATE I (NAVSEA) (OCT 2018)

(a) Department means the Department of the Navy.

(b) Commander, Naval Sea Systems Command means the Commander of the Naval Sea Systems Command of the Department of the Navy or his duly appointed successor.

(c) References to The Federal Acquisition Regulation (FAR) All references to the FAR in this contract shall be deemed to also reference the appropriate sections of the Defense FAR Supplement (DFARS), unless clearly indicated otherwise.

(d) National Stock Numbers Whenever the term Federal Item Identification Number and its acronym FIIN or the term Federal Stock Number and its acronym FSN appear in the contract, order or their cited specifications and standards, the terms and acronyms shall be interpreted as National Item Identification Number (NIIN) and National Stock Number (NSN) respectively which shall be defined as follows:

(1) National Item Identification Number (NIIN). The number assigned to each approved Item Identification under the Federal Cataloging Program. It consists of nine numeric characters, the first two of which are the National Codification Bureau (NCB) Code. The remaining positions consist of a seven digit nonsignificant number.

(2) National Stock Number (NSN). The National Stock Number (NSN) for an item of supply consists of the applicable four-position Federal Supply Class (FSC) plus the applicable nine-position NIIN assigned to the item of supply.

(e) NAVSEA 08 means the Deputy Commander, Nuclear Propulsion Directorate, Naval Sea Systems Command of the Department of the Navy.

(f) Lead Shipbuilder, Lead Yard or Lead Shipyard mean (List contractor) in its capacity as Contractor under Contract No. (List Contract) for the construction of the (List first ship of the class).

(g) Follow Shipbuilder, Follow Yard or Follow Shipyard mean a prime contractor performing a contract for the construction of follow ships of the (List ship class) Class.

(h) Lead Ship or First Ship of the Class mean the (List first ship.)

(i) Follow Ship – means any ship of the (List class) Class other than the first ship.

(j) Design Agent means (List contractor) in its capacity as Design Agent, not in its capacity as shipbuilding contractor.

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

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

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

(1) The support contractor not disclose any information;

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

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

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

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

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

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

Officers, employees and associates of other prime Contractors with the Government and their subcontractors, shall, as authorized by the Supervisor, have, at all reasonable times,…