Solicitation.docx

N0002422R2287

Section B - Supplies or Services and Prices

CLIN Number 0001

OSR OP Skimmer

FFP

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

FOB: Destination

PURCHASE REQUEST NUMBER: N0002422NR68013

PSC CD: 1940

MAX

NET AMT

CLIN Number 0002

TDP NRE

Technical Data Package Non-Recurring Engineering FOB: Destination

MAX

CLIN Number 0003

PROVISIONED ITEMS ORDERS (PIO) SPARES

SEE NOTE A

FOB: Destination

MAX

CLIN Number 0004

Engineering & Industrial Services

FOB: Destination

MAX

CLIN Number A001

HULL FLOTATION TEST

FOB: Destination

MAX

CLIN Number A002

PRE-DELIVERY INSPECTIONS AND TRIALS

FOB: Destination

MAX

CLIN Number A003

HONDA ENGINES & SPARES

FOB: Destination

MAX

CLIN Number A004

YAMAHA ENGINES & SPARES

FOB: Destination

MAX

CLIN Number A005

MERCURY ENGINES & SPARES

FOB: Destination

MAX

CLIN Number A006

SHIPPING – FISC, CHEATHAM ANNEX

FOB: Destination

MAX

CLIN Number A007

SHIPPING – DDDC, SAN DIEGO

FOB: Destination

MAX

CLIN Number A008

Inclining Test

FOB: Destination

MAX

SECTION B NOTES

Note A: Provisional amounts are subject to adjustment under the clause of this contract entitled “PROVISIONED ITEMS ORDERS – ALTERNATE II” for supplies or other requirements ordered pursuant to said clause. The amounts shown are for planning purposes only. Amount in actual orders, if any orders are issued, will be individually priced. All orders hereunder are to be firm-fixed price.

Section C - Descriptions and Specifications

STATEMENT OF WORK

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PART 1 – GENERAL STATEMENT OF WORK

PART 2 – CONTRACT LINE ITEM NUMBER DESCRIPTIONS

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

PART 4 – STANDARD CLAUSES

C-1 PART 1 – GENERAL STATEMENT OF WORK

This Statement of Work (SOW) defines the effort required for the design, construction, testing, configuration control, documentation, and program management for the acquisition of Naval Facilities (NAVFAC) Oil Spill Response (OSR) Oil Pollution (OP) Skimmer boats.

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

Only the Procuring Contracting Officer (PCO) has the authority for the U.S. Navy to authorize or change work and sign contract documents. No other personnel are authorized by their formal communications or by their course of conduct to commit the U.S. Navy to price changes, schedule changes, or to perform different or additional work. The Contractor shall only execute tasking or requests for support under this contract when such direction comes from, or is agreed to by, the PCO.

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

C-1.1 BACKGROUND

NAVFAC has been procuring boats to support the Oil Spill Response Program since 1974 and maintains approximately 400 boats in the Craft & Boat Support System (CBSS) inventory database. In addition to maintaining the required OSR boat quantities, a focus of the PMS 300G procurement effort is to standardize OSR boats/systems to maximize commonality and minimize TOC for the OSR fleet. Typical OSR mission requires Boom Platform Boats (BP) and Utility Boats (UB) to sprint to the oil spill location ahead of the Oil Pollution (OP) Rapid Response Skimmer (RRS). Primary mission of the 30OP is to remove light refined oils (i.e. DFM and JP’s) from the water surface in harbors and protected waters. Working in conjunction with the other OSR boats and various boom arrangement schemes, the 30 OP collects and transports the oil to an offload location. Typical mission duration is 3-8 hours, with operations during daylight hours, typically ending at dusk. OSR boats are centrally procured via the US Navy Boat and Craft Program Office, PEO SHIPS (PMS 300G).

C-1.2 QUANTITIES

The 5-year Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Contract is for an estimated thirty (30) boats.

C-1.3 DESIGN, MANAGEMENT AND PRODUCTION

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

C-2 PART 2 – CONTRACT LINE ITEM NUMBER DESCRIPTIONS

C-2.01 CLIN 0001 – OSR OP Skimmer The Contractor shall construct the boat in accordance with Section C-3 below and the Specification (Attachment 1). All boat-specific efforts, other than the engines, shall be included in the pricing for CLINs 0001 including:

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

C-2.1.2 UID – The Contractor shall provide UIDs for each boat in accordance with Attachment 4.

C-2.1.3 Boat Spares – The Contractor shall provide initial boat spares for each boat in accordance with Attachment 3 and Section C-3 below. Spare parts and items not integrated into the boat shall be wrapped in protective packaging or container.

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

C-2.02 ELIN A001 – HULL FLOTATION TEST

If exercised, the Contractor shall conduct flotation test(s) in accordance with the Specification (Attachment 1) Section 079.

C-2.03 CLIN 0002 – TECHNICAL DATA PACKAGE NON-RECURRING ENGINEERING

The Contractor shall develop the Technical Data Package (TDP) in accordance with Section 085 of the Specification (Attachment 1). Boat-specific TDP contents shall be included under the Boat CLIN and shall be provided with each boat.

C-2.04 ELIN A002 – PRE-DELIVERY INSPECTIONS AND TRIALS

The Contractor shall perform boat Pre-Delivery Inspections and Trials (PDIT) for the first boat in the base year and each year as ordered, in accordance with Section C-3.094-1 below and the Specification (Attachment 1) Section 094.

C.2.05 ELIN A003 –HONDA ENGINES & SPARES

The Contractor shall provide two Honda engines and spares in accordance with Section C-3.080-1, the Specification (Attachment 1) Section 236, and the Spare Parts List (Attachment 3). The spares shall be delivered with each OSR OP Skimmer boat.

C-2.06 ELIN A004 –YAMAHA ENGINES & SPARES

The Contractor shall provide two Yamaha engines and spares in accordance with Section C-3.080-1, Specification (Attachment 1) Section 236, and the Spare Parts List (Attachment 3). The spares shall be delivered with each OSR OP Skimmer boat.

C-2.07 ELIN A005 –MERCURY ENGINES & SPARES

The Contractor shall provide two Mercury engine and spares in accordance with Section C-3.080-1, the Specification (Attachment 1) Section 236, and the Spare Parts List (Attachment 3). The spares shall be delivered with each OSR OP Skimmer boat.

C-2.08 ELIN A006 – SHIPPING – FISC, CHEATHAM ANNEX

The Contractor shall deliver the boat to the location specified in Section F (Deliveries or Performance) and in accordance with Section C-3.080-2 & C-3.080-3 below.

C-2.09 ELIN A007 – SHIPPING – DDDC, SAN DIEGO

The Contractor shall deliver the boat to the location specified in Section F (Deliveries or Performance) and in accordance with Section C-3.080-2 & C-3.080-3 below.

C-2.10 CLIN 0003 – PROVISIONED ITEMS ORDERS (PIO) SPARES

If exercised, the Contractor shall provide spare and repair parts, special tools, test equipment, materials and related support not envisioned at the time of award, in accordance with the requirements herein and the clause entitled “PROVISIONED ITEM ORDER – ALTERNATE II”.

C-2.11 ELIN A008 – INCLING TEST

If exercised, the Contractor shall conduct an inclining test(s) in accordance with the Specification (Attachment 1) Section 092.

C-2.12 CLIN 004 - ENGINEERING & INDUSTRIAL SERVICES

In accordance with Section H Clause entitled “ORDERS (FIXED-PRICE), the contractor shall provide labor and material to perform Engineering & Industrial Services over the life of the contract. These services are defined as any work authorized by the Contracting Officer that is required to support the program in any of the following areas: Design Engineering & Production Services, Testing Phase Support and GFP Integration & Support.

Requirements under this CLIN might include, but are not limited to, the correction of problems with Government Furnished Property (GFP), changes to the configuration baseline, Government requirements identified during predelivery inspection, issue resolution support during Government testing, and the development of various engineering products. Examples of work that might be accomplished under this CLIN include equipment installation, rigging support, component replacement, minor design upgrades and subject matter expert technical assistance. The requirements associated with this CLIN are over and above those specified in other contract CLINs.

Orders for this effort will be placed in accordance with the general requirements in Section H of the clause entitled

“ENGINEERING & INDUSTRIAL SERVICES.”.

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

C-3.042-1 CONFERENCES AND REVIEWS

The Contractor shall conduct a Post Award Conference (PAC), Design Maturity Review (DMR), and Progress Reviews. The Contractor shall prepare meeting minutes.

C-3.042-1.1 Post Award Conference: The Contractor shall conduct a PAC with the Government within thirty (30) days after contract award and subsequent boat options, if exercised. The conference will be held at the Contractor’s facility or by phone at the Government’s discretion. The purpose of the conference is to (1) review the contract and technical documents, (2) review the technical and schedule requirements, and (3) discuss the roles and working relationships between the Contractor and the Government.

C-3.042-1.2 Design Maturity Review: The Contractor shall schedule and host Government personnel for a DMR prior to the start of construction of the first boat. The purpose of the DMR is to demonstrate that the design is sufficiently mature to start construction and that the status of material ordering and delivery will support the proposed build schedule. Any potential risk areas shall be identified and mitigation plans discussed. The Government shall be satisfied that all requirements in the Specification (Attachment 1) have been incorporated into the design. The Government will notify the Contractor within seven (7) days of the completion of the DMR whether or not the start of construction is authorized. The following shall be provided fourteen (14) days prior to the DMR, and shall be discussed at the DMR:

1. Updated Design, Production, and Delivery Schedule

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

a. hull and deck materials,

b. major equipment,

c. long-lead time items.

3. Technical Design Analyses: The Contractor shall provide any outstanding comments or corrections on the following Technical Design Analysis that would result in final Government Approval:

a. Allocated Baseline Weight Estimate (ABWE),

b. Boat Stability Analysis,

c. Flotation Analysis,

4. Preliminary Technical Design Analyses: The Contractor shall provide the following Preliminary Technical Design Analysis demonstrating approach and maturity of the design, including but not limited to:

a. Electrical load analysis,

b. Structural Analysis,

c. Hoisting System Design,

5. Preliminary Construction Drawings: Support reviews of Technical Design Analyses and demonstrate the approach to meet the Specification, including but not limited to:

a. Outboard Arrangement Drawing,

b. Inboard Arrangement Drawing,

c. Hoisting Drawing.

6. Integrated Oil Skimming System: The Contractor shall provide overview of the Integrated Oil Skimming System to include:

a. certifications, or pending certifications, that the Integrated Oil Skimming System meets the requirements,

b. details of integration into boat,

c. be prepared to address complete operation of the skimming evolution, including transit, deployment, skimming & oil recovery, return transit, and recovered oil offload.

7. Construction facilities: The Contractor shall provide evidence of the facilities readiness to produce the OSR OP Skimmer.

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

9. Requests For Variance (RFV): There shall be no open RFVs. Contract Problem Identification Reports (CPIRs) shall have a documented resolution.

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

C-3.042-1.3 Progress Reviews: Progress Reviews shall be held at the Contractor’s discretion or by Government request, as needed to support the production schedule. Reviews will be held at the Contractor’s facility or by phone and shall not interfere with continued progress or production of boats. Reviews shall not be used as approval to proceed in design or production, unless otherwise specified, and should be used only for informing the Government of process on production, builder questions, and impending risk to program.

C-3.042-2 CONFIGURATION MANAGEMENT

The contractor shall maintain Configuration Management of the boats in accordance with Section C, Part 4 Clause C-243-H003 CONFIGURATION MANAGEMENT (NAVSEA) (JAN 2019). The baseline configuration is set on the acceptance of the initial hull.

C-3.042-3 WARRANTY

The Contractor will correct defects for the boat, trailer, and all installed equipment, for minimum of one (1) year, starting from the date the boat enters service with the Navy's end-user in accordance with the warranty provided in Attachment 6, Commercial Warranty Terms. Notification of official in-service date will be provided to the builder by the U.S. Navy Boat Inventory Manager. Note to Builders: Boats procured for the Navy may sit in stock (outdoors in uncovered storage) for up to twelve (12) months prior to issue to the Navy end-user.

C-3.042-4 PROGRAM MANAGEMENT

Roles and Responsibilities

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

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

C-3.042-4.3 The Government points of contact are listed in the clause “G-242-H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND RESPONSIBILITIES (NAVSEA) (OCT 2018)”

C-3.080-1 SPARES

Boat and PIO Spares:

C-3.080-1.1 Boat (initial) Spares: The Contractor shall provide initial spares for each boat as outlined in the Spare Parts List (Attachment 3). The spares provided for each boat shall match the propulsion configuration/OEM installed on the boat. Spares shall be managed as part of the configuration management process and the Contractor shall inform the Government of any necessary part number updates that will be required throughout the execution of this contract. Spares shall be packaged in accordance with Section D of this contract.

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

C-3.080-1.3 PIO Spares: If ordered, the Contractor shall provide PIO spares in accordance with C-217-H003 PROVISIONED ITEMS ORDERS—ALTERNATE II.

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

C-3.080-3 DELIVERY

The Contractor shall deliver the boats to East (CAX) or West Coast (DDDC) stock point locations, or locations, as defined in Section F of the basic contract. The Government will identify a delivery location for each OSR OP Skimmer and order delivery options as part of each delivery order. This will allow the Contractor to plan for production and shipping based upon the agreed final destination. If direct delivery to end user location is ordered, the boat shall be delivered fully assembled and operational.

C-3.080-4 UNIQUE ITEM IDENTIFICATION

The Contractor shall provide Unique Item Identification (UID) and Documentation for every boat in accordance with DFARS Clause 252.211-7003 and the requirements provided in the UID (Attachment 4).

C-3.080-5 ESSENTIAL CYBERSECURITY COMPONENTS (ECSC) DOCUMENTATION

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

C.3.085-1 TECHNICAL DATA PACKAGE

C.3.085-1.1 General: The Contractor shall provide a copy of the TDP with each boat in accordance with Section 085 of the Specification (Attachment 1). The costs (e.g. print, arrange, bind, etc.) to provide a copy of the TDP, including updating boat applicability and individual boat certifications, shall be included in the unit prices under the Boat CLIN 0001. Any TDP non-recurring engineering shall be proposed under CLIN 0003.

C.3.085-1.2 Format: Drawings shall be provided in hard copy, DWG/DXF format and PDF format. Boat technical manual and COTS manuals, instructions or cut sheets, certifications, analyses, master data index, and all other data shall be provided in hard copy and PDF format. Calculations, Bill of Material, and ECSC documentation shall be submitted in their native electronic format.

C.3.085-1.3 Data Security: Most of the data in the TDP is considered Controlled Unclassified Information (CUI) and therefore, the Contractor shall exchange data with the Government via a Government provided Integrated Digital Environment (IDE) or Government approved File Exchange Server utilizing appropriate Public Key Infrastructure/Information Assurance protocols.

C.3.085-1.4 Submittals: A complete preliminary TDP shall be submitted electronically to the TPOC a minimum of forty-five (45) days prior to Pre-Delivery Inspection and Trials (PDIT). The TDP shall be organized into a folder structure consistent with the format of the Master Data Index (MDI). The Government will provide initial comments and questions on the preliminary TDP. Early submittals are encouraged and will be reviewed as soon as practicable.

One hard copy of the TDP and one electronic copy of the TDP shall be provided at PDIT for additional Government review. Any additional TDP comments will be included in the PDIT Discrepancy List. The Contractor shall respond to the comments either by correction/incorporation or by providing Contractor responses (e.g. resolution plan, notification of boat correction, clarification questions, etc.) within 15 days of the PDITs.

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

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

C-3.085-2 DATA RIGHTS

C-3.085-2.1 It is the Government's desire that all non-commercial technical data (TD) included in the TDP (baseline or as modified by any Engineering Change Proposals) be delivered with a minimum of Government Purpose Rights (as defined in DFARS 252.227-7013 and 252.227-7014). If the Offeror proposes to deliver commercial TD, it is the Government’s desire to obtain a license to the commercial TD that would grant the Government the equivalent of Government Purpose Rights as a minimum. The Government’s overall goal is to have the ability to maintain, modify, and repair the vessel and its systems, to include providing that information to third parties for the purpose of developing and executing the required work expediently. All TDP deliverables shall be marked with appropriate data rights legends per DFARS 252.227-7013 and 252.227-7014 as applicable.

C-3.085-2.2 The Contractor’s Data Rights assertions will be incorporated in the contract as Attachment 7.

C-3.085-2.3 End Use License Agreement Indemnification:

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

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

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

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

C-3.085-2.4 If the Contractor ceases doing business and/or cannot fulfill its obligations under this contract, the Government shall automatically be granted Government Purpose Rights to all existing data developed under this contract.

C-3.092-1 TEST CERTIFICATIONS

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

C-3.094-1 BUILDER’S TRIALS (BT)

The Contractor shall perform and submit the BT results in electronic format (PDF) a minimum of three (3) business days prior to PDIT start date to the Government TPOC. BT results of each subsequent boat shall be submitted no less than five (5) days prior to shipment of the boat to NSWCCD Code 83 (e-mailed to brian.s.mishoe.civ@us.navy.mil). These trials and reports shall be conducted in accordance with the Specification (Attachment 1) Section 094.

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

C-3.094-2.1 General: The Contractor shall schedule and host Government personnel to inspect and conduct sea trials on selected boats. These trials shall be conducted in accordance with the Specification (Attachment 1) Section 094.

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

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

C-3.094-2.3 Trials Readiness: If upon arrival, the Government and the Builder are unable to satisfactorily perform the PDIT as outlined in the Specification (Attachment 1) Section 094-2, the Builder may be held financially responsible for cost reimbursement of Government and/or Government representative's travel and labor associated with PDITs. The Contractor shall notify the Government of any PDIT delays no later than five (5) days before planned arrival. Written notice of PDIT delay shall be accompanied by a request of extension to the Contracting Officer and Program Office Point of Contact. If as a result a delayed PDIT or other delays resulting from this action the builder cannot meet the contractual delivery date, consideration for late delivery shall be required. FAR Clause 52.246-2(e)(1) will be exercised at Government’s discretion for potential Contractor liabilities if PDIT cannot be satisfactorily performed after arrival of the Government PDIT team on-site. A typical PDIT takes place over 5 days.

C-3.094-3 Pre-Transport Inspection: The Government reserves the right to schedule and conduct a Pre-Transport Inspection. The Pre-Transport Inspection is intended to reduce the likelihood of major discrepancies at the post-delivery inspection.

C-3.094-4 Acceptance: Satisfactory inspection and verification, including TDP reviews (i.e. drawings, manuals, certifications, etc.), proper operation of the boat, and corrections of PDIT discrepancies are conditions for final acceptance of the boat by the Government. All PDIT and TDP discrepancies must be resolved/corrected by the Contractor prior to delivery. Any unresolved discrepancies may result in acceptance and/or payment delays.

C-3.099-1 PHOTOS

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

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.

(End of text)

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

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

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

(1) The support contractor not disclose any information;

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

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

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

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

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

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

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

C-211-H007 PROTECTION OF THE SHIP DURING ADVERSE ENVIRONMENTAL CONDITIONS (NAVSEA) (APR 2021)

The Contractor shall ensure that the ship(s) and all related material at the Contractor's facilities are protected during conditions of heavy weather, high winds, heavy snow and icing, high water or similar adverse environmental conditions. The Contractor shall develop, maintain, and implement as necessary an “Adverse Environmental Conditions Plan” which prescribes the actions and procedures and assigns responsibilities for action to be taken in preparation for and during the period of adverse environmental conditions. The Contractor shall furnish the plan to the Supervisor and shall make such changes in the plan as the Supervisor considers necessary to provide for adequate protection of the ship(s) and the materials and equipment to be installed therein.

C-211-H017 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (DEC 2018)

The contractor may request that this contract be updated to include the current version of the applicable specification or standard if the update does not affect the form, fit or function of any deliverable item or increase the cost/price of the item to the Government. The contractor should submit update requests to the Procuring Contracting Officer with copies to the Administrative Contracting Officer and cognizant program office representative for approval. The contractor shall perform the contract in accordance with the existing specifications and standards until notified of approval/disapproval of its request to update by the Procuring Contracting Officer. Any approved alternate specifications or standards will be incorporated into the contract.

C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)

Approval by the Government as required under this contract and applicable specifications shall not relieve the Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.

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

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

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

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

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

(End of Text)

C-215-H002 CONTRACTOR PROPOSAL (NAVSEA) (OCT 2018)

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with the detailed obligations to which the Contractor committed itself in Proposal dated in response to Solicitation No. N00024-22-R-2287.

(b) The technical volume(s) of the Contractor's proposal is(are) hereby incorporated by reference and made subject to the "Order of Precedence" (FAR 52.215-8) clause of this contract. Under the "Order of Precedence" clause, the technical volume(s) of the Contractor's proposal referenced herein is (are) hereby designated as item (f) of the clause, following "the specifications" in the order of precedence.

C-217-H003 PROVISIONED ITEMS ORDERS--ALTERNATE II (NAVSEA) (OCT 2018)

(a) General. The Contractor agrees that it will furnish the supplies or services ordered by the Government in accordance with the procedures specified herein. Orders may be placed by the Contracting Officer, Provisioning Activity or Administrative Contracting Officer as unilateral or bilateral modifications to this contract on SF 30, Amendment of Solicitation/Modification of Contract. Any amounts shown in Section B at time of award of the initial contract for each provisioned line item are estimated amounts only and are subject to upward or downward adjustment by the issuing activity. If no amounts are shown, funding will be obligated before or at time of order issuance. It is understood and agreed that the Government has no obligation under this contract to issue any orders hereunder.

(b) Priced Orders. For each proposed order, the Contractor agrees that it will submit such cost or pricing data as the Contracting Officer may require. Promptly thereafter, the Contractor and the Contracting Officer shall negotiate the price and delivery schedule for the proposed order. Upon execution and receipt of the priced order, the Contractor shall promptly commence the work specified in the order.

(c) Undefinitized Orders. Whenever the Contracting Officer determines that urgent demands or requirements prevent the issuance of a priced order, he/she may issue an unpriced order. Such order may be unilateral or bilateral and shall establish a limitation on Government liability, a maximum ceiling amount, and a schedule for definitization, as described in subparagraph (e)(2) below. Upon request the Contractor shall submit a maximum ceiling amount proposal before the undefinitized order is issued. The maximum ceiling amount is the maximum price at which the order may be definitized. The Contractor shall begin performing the undefinitized order upon receipt, except as provided in paragraph (d) below. The clause entitled "Contract Definitization" (DFARS 252.2l7-7027) shall be included in any undefinitized order.

(d) Unilateral Undefinitized Orders. (1) For a unilateral undefinitized order, the Contractor shall within ten calendar days of receipt of the order notify the Contracting Officer in writing if it takes exception to the ceiling amount and/or the delivery schedule and shall propose a revised ceiling amount and/or a revised delivery schedule at that time. For unilateral undefinitized orders to which the Contractor takes no exception, the Contractor is obligated to perform just as if it were a fully definitized order.

(2) After receipt of the Contractor's Proposal to establish the revised ceiling amount and/or the revised delivery schedule, the Contracting Officer shall: (1) adjust the ceiling amount and/or revise the delivery schedule; (2) advise the Contractor that the order will be adjusted in a different amount than proposed by the Contractor; or (3) advise the Contractor that no adjustment will be made. In the event the Contractor has taken exception to the ceiling amount and/or the delivery schedule and has submitted a timely proposal in accordance with the preceding requirement and the Contracting Officer has not accepted the Contractor's proposal, the Contractor shall not be obligated to perform the order beyond the point at which it would be entitled to be compensated in an amount in excess of the Government's limitation of liability contained in the unilateral order.

(e) Definitization of Undefinitized Orders. (l) The Contractor agrees that following the issuance of an undefinitized order, it will promptly begin negotiating with the Contracting Officer the price and terms of a definitive order that will include: (A) all clauses required by regulation on the date of the order; (B) all clauses required by law on the date of execution of the definitive order; and, (C) any other mutually agreeable clauses, terms and conditions. No later than sixty (60) days after the undefinitized order is issued, the contractor agrees to submit a cost proposal with sufficient data to support the accuracy and derivation of its price; and, when required by FAR, cost or pricing data. If additional cost information is available prior to the conclusion of negotiations, the Contractor shall provide that information to the Contracting Officer. The price agreed upon shall be set forth in a bilateral modification to the order. In no event shall the price exceed the maximum ceiling amount specified in the undefinitized order.

(2) Each undefinitized order shall contain a schedule for definitization which shall include a target date for definitization and dates for submission of a qualifying proposal, beginning of negotiations and, if appropriate, submission of make-or-buy and subcontracting plans and cost or pricing data. Submission of a qualifying proposal in accordance with the definitization schedule is a material element of the order. The schedule shall provide for definitization of the order by the earlier of:

(i) a specified target date which is not more than l80 days after the issuance of the undefinitized order. However, that target date may be extended by the Contracting Officer for up to l80 days after the Contractor submits a qualifying proposal as defined in DFARS 2l7.740l; or

(ii) the date on which the amount of funds obligated by the Government under the undefinitized order exceed fifty percent (50%) of the order's maximum ceiling amount, except as provided in subparagraph (f)(3) below.

(3) If agreement on a definitive order is not reached within the time provided pursuant to subparagraph (e)(2) above, the Contracting Officer may, with the approval of the Head of the Contracting Activity, determine a reasonable price in accordance with Subpart l5.4 and Part 3l of the FAR, and issue a unilateral order subject to Contractor appeal as provided in the "Disputes" clause (FAR 52.233-1). In any event, the Contractor shall proceed with completion of the order, subject to the "Limitation of Government Liability" clause (FAR 52.216-24).

(f) Limitation of Government Liability. (l) Each undefinitized order shall set forth the limitation of Government liability, which shall be the maximum amount that the Government will be obligated to pay the Contractor for performance of the order until the order is definitized. The Contractor is not authorized to make expenditures or incur obligations exceeding the limitation of Government liability set forth in the order. If such expenditures are made, or if such obligations are incurred, they will be at the Contractor's sole risk and expense. Further, the limitation of liability shall be the maximum Government liability if the order is terminated. The "Limitation of Government Liability" clause shall be included in any undefinitized order.

(2) Except for undefinitized orders for Foreign Military Sales; purchases of less than $25,000; special access programs; and Congressionally-mandated long-lead procurements; and except as otherwise provided in subparagraph (f)(3) below, the limitation of Government liability shall not exceed fifty percent (50%) of the ceiling amount of an undefinitized order. In the case of orders within these excepted categories, however, the procedures set forth herein shall be followed to the maximum extent practical.

(3) If the Contractor submits a qualifying proposal (as defined in DFARS 2l7.740l) to definitize an order before the Government has obligated fifty percent (50%) of the ceiling amount, the Contracting Officer may increase the limitation of Government liability to up to seventy-five percent (75%) of the maximum ceiling amount or up to seventy-five percent (75%) of the price proposed by the Contractor, whichever is less.

(4) If at any time the Contractor believes that its expenditure under an undefinitized order will exceed the limitation of Government liability, the Contractor shall so notify the Contracting Officer, in writing, and propose an appropriate increase in the limitation of Government liability of such order. Within thirty (30) days of such notice, the Contracting Officer will either (i) notify the Contractor in writing of such appropriate increase, or (ii) instruct the Contractor how and to what extent the work shall be continued; provided, however, that in no event shall the Contractor be obligated to proceed with work on an undefinitized order beyond the point where its costs incurred plus a reasonable profit thereon exceed the limitation of Government liability, and provided also that in no event shall the Government be obligated to pay the Contractor any amount in excess of the limitation of Government liability specified in any such order prior to establishment of firm prices.

(g) Initial Spares. The limitations set forth in paragraph (c) and subparagraphs (e)(2), (f)(2) and (f)(3) do not apply to undefinitized orders for the purchase of initial spares.

(h) Terminal Date for Placement of Orders. The Contractor shall not be obligated to accept any orders placed hereunder beyond the guaranty period set forth in the clause entitled "Guaranty Period" for the last article under the applicable item called for in Section B hereof for which the supplies or services are being acquired, provided, however, that deliveries or performance of such supplies or services shall be completed not later than the expiration of said guaranty period.

(i) Segregation of Costs. The Contractor shall segregate the costs of performance of each undefinitized order from the cost of performance of any other work performed by the Contractor.

(j) Ordering. The cognizant ordering activities are designated below:

C-222-H001 ACCESS TO THE VESSELS BY NON-U.S. CITIZENS (NAVSEA) (APR 2019)

(a) No person not known to be a U.S. citizen shall be eligible for access to naval vessels, work sites and adjacent areas when said vessels are under construction, conversion, overhaul, or repair, except upon a finding by COMNAVSEA or his designated representative that such access should be permitted in the best interest of the United States. The Contractor shall establish procedures to comply with this requirement and NAVSEAINST 5510.2D.

(b) If the Contractor desires to employ non-U.S. citizens in the performance of work under this contract or agreement that requires access as specified in paragraph (a) of this requirement, approval must be obtained prior to access for each contract or agreement where such access is required. To request such approval for non-U.S. citizens of friendly countries, the Contractor shall submit to the cognizant Contract Administration Office (CAO), an Access Control Plan (ACP) which shall contain as a minimum, the following information:

(1) Badge or Pass oriented identification, access, and movement control system for non-U.S. citizen employees with the badge or pass to be worn or displayed on outer garments at all times while on the Contractor's facilities and when performing work aboard ship.

(i) Badges must be of such design and appearance that permits easy recognition to facilitate quick and positive identification.

(ii) Access authorization and limitations for the bearer must be clearly established and in accordance with applicable security regulations and instructions.

(iii) A control system, which provides rigid accountability procedures for handling lost, damaged, forgotten or no longer required badges, must be established.

(iv) A badge or pass check must be performed at all points of entry to the Contractor's facilities or by a site supervisor for work performed on vessels outside the Contractor's plant.

(2) Contractor's plan for ascertaining citizenship and for screening employees for security risk.

(3) Data reflecting the number, nationality, and positions held by non-U.S. citizen employees, including procedures to update data as non-U.S. citizen employee data changes, and pass to cognizant CAO.

(4) Contractor's plan for ensuring subcontractor compliance with the provisions of the Contractor's ACP.

(5) These conditions and controls are intended to serve as guidelines representing the minimum requirements of an acceptable ACP. They are not meant to restrict the Contractor in any way from imposing additional controls necessary to tailor these requirements to a specific…