N00024-22-R-5535 DRAFT Solicitation 3.18.2022 Track Changes.docx

N0002422R5535

Section B - Supplies or Services and Prices

CLIN Number 0001

FFP

Decoy Launch Message Convertor (Subassembly to MK 53 DLS)

PURCHASE REQUEST NUMBER: N0002422NR42755

NET AMT

CLIN Number 0001AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8821939

DWG NR: 8821939

PSC CD: 5865

NET AMT

CLIN Number 0002

CPFF

See Note B.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN Number 0002AA

CPFF

See Note B.

FOB: Destination

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN Number 0003

FFP

NET AMT

CLIN Number 0003AA

Each

FFP

See Notes B.

FOB: Destination

MFR PART NR: 6780558-1

DWG NR: 6780558AD

NET AMT

CLIN Number 0003AB

Each

FFP

See Notes B.

FOB: Destination

MFR PART NR: 8199967-1

DWG NR: 8199967F

NET AMT

CLIN Number 0003AC

Each

FFP

See Notes B.

FOB: Destination

MFR PART NR: 8821939

DWG NR: 8821939

NET AMT

CLIN Number 0003AD

Each

FFP

See Notes B FOB: Destination

MFR PART NR: 7244881-1

DWG NR: 7244881K

NET AMT

CLIN Number 0003AE

Each

FFP

See Notes B.

FOB: Destination

MFR PART NR: 6780557-1

DWG NR: 6780557V

NET AMT

CLIN Number 0007

FFP

MK 53 Mod 7 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8199925

DWG NR: 8199925B

NET AMT

CLIN Number 0009

FY23 MK 53 MOD 9 DLS

MK 53 Mod 9 Decoy Launch System

NET AMT

CLIN Number 0009AA

Each

FY23 MK 53 MOD 9 DLS

See Notes C.

FOB: Destination

MFR PART NR: 8603313

DWG NR: 8603313

NET AMT

CLIN Number 0010

FFP

MK 53 Mod 10 Decoy Launch System

NET AMT

CLIN Number 0010AA

Each

FFP

See Notes C.

FOB: Destination

MFR PART NR: 8603323

DWG NR: 8603323

NET AMT

CLIN Number 0011

FY23 MK 53 MOD 11 DLS

MK 53 Mod 11 Decoy Launch System

NET AMT

CLIN Number 0011AA

Each

FY23 MK 53 MOD 11 DLS

See Notes C.

FOB: Destination

MFR PART NR: 8730450

DWG NR: 8730450

NET AMT

CLIN Number 0015

FFP

MK 53 Mod 15 Decoy Launch System

NET AMT

CLIN Number 0015AA

Each

FFP

See Notes C.

FOB: Destination

MFR PART NR: 8822231

DWG NR: 8822231

NET AMT

CLIN Number 0017

FFP

MK 53 Mod 17 Decoy Launch System

NET AMT

CLIN Number 0017AA

Each

FFP

See Notes C.

FOB: Destination

MFR PART NR: 8822233

DWG NR: 8822233

NET AMT

CLIN Number 0018

FFP

MK 53 Mod 18 Decoy Launch System

NET AMT

CLIN Number 0018AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822234

DWG NR: 8822234

NET AMT

CLIN Number 0019

FFP

MK 53 Mod 19 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8822235

DWG NR: 8822235

NET AMT

CLIN Number 0101

FFP

NET AMT

CLIN Number 0101AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8821939

DWG NR: 8821939

NET AMT

CLIN Number 0102

CPFF

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN Number 0102AA

CPFF

See Note B.

FOB: Destination

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN Number 0107

FFP

MK 53 Mod 7 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8199925

DWG NR: 8199925B

NET AMT

CLIN Number 0109

FFP

MK 53 Mod 9 Decoy Launch System

NET AMT

CLIN Number 0109AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8603313

DWG NR: 8603313

NET AMT

CLIN Number 0110

FFP

MK 53 Mod 10 Decoy Launch System

NET AMT

CLIN Number 0110AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8603323

DWG NR: 8603323

NET AMT

CLIN Number 0111

FFP

MK 53 Mod 11 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8730450

DWG NR: 8730450

NET AMT

CLIN Number 0115

FFP

MK 53 Mod 11 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8822231

DWG NR: 8822231

NET AMT

CLIN Number 0117

FFP

NET AMT

CLIN Number 0117AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822233

DWG NR: 8822233

NET AMT

CLIN Number 0118

FFP

NET AMT

CLIN Number 0118AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822234

DWG NR: 8822234

NET AMT

CLIN Number 0119

FFP

MK 53 Mod 19 Decoy Launch System

NET AMT

CLIN Number 0119AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822235

DWG NR: 8822235

NET AMT

CLIN Number 0201

FFP

NET AMT

CLIN Number 0201AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8821939

DWG NR: 8821939

NET AMT

CLIN Number 0202

CPFF

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN Number 0202AA

CPFF

See Note B.

FOB: Destination

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN Number 0207

FFP

MK 53 Mod 9 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8199925

DWG NR: 8199925B

NET AMT

CLIN Number 0209

FFP

MK 53 Mod 9 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8603313

DWG NR: 8603313

NET AMT

CLIN Number 0210

FFP

MK 53 Mod 9 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8603323

DWG NR: 8603323

NET AMT

CLIN Number 0211

FFP

MK 53 Mod 9 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8730450

DWG NR: 8730450

NET AMT

CLIN Number 0215

FFP

NET AMT

CLIN Number 0215AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822231

DWG NR: 8822231

NET AMT

CLIN Number 0217

FFP

NET AMT

CLIN Number 0217AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822233

DWG NR: 8822233

NET AMT

CLIN Number 0218

FFP

NET AMT

CLIN Number 0218AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822234

DWG NR: 8822234

NET AMT

CLIN Number 0219

FFP

NET AMT

CLIN Number 0219AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822235

DWG NR: 8822235

NET AMT

CLIN Number 0301

FFP

NET AMT

CLIN Number 0301AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8821939

DWG NR: 8821939

NET AMT

CLIN Number 0302

CPFF

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN Number 0302AA

CPFF

See Note B.

FOB: Destination

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN Number 0307

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8199925

DWG NR: 8199925B

NET AMT

CLIN Number 0309

FFP

MK 53 Mod 9 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8603313

DWG NR: 8603313

NET AMT

CLIN Number 0310

FFP

MK 53 Mod 9 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8603323

DWG NR: 8603323

NET AMT

CLIN Number 0311

FFP

MK 53 Mod 9 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8730450

DWG NR: 8730450

NET AMT

CLIN Number 0315

FFP

NET AMT

CLIN Number 0315AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822231

DWG NR: 8822231

NET AMT

CLIN Number 0317

FFP

NET AMT

CLIN Number 0317AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822233

DWG NR: 8822233

NET AMT

CLIN Number 0318

FFP

NET AMT

CLIN Number 0318AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822234

DWG NR: 8822234

NET AMT

CLIN Number 0319

FFP

NET AMT

CLIN Number 0319AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822235

DWG NR: 8822235

NET AMT

CLIN Number 0401

FFP

NET AMT

CLIN Number 0401AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8821939

DWG NR: 8821939

NET AMT

CLIN Number 0402

CPFF

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN Number 0402AA

CPFF

See Note B.

FOB: Destination

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLIN Number 0407

FFP

MK 53 Mod 9 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8199925

DWG NR: 8199925B

NET AMT

CLIN Number 0409

FFP

MK 53 Mod 9 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8603313

DWG NR: 8603313

NET AMT

CLIN Number 0410

FFP

MK 53 Mod 9 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8603323

DWG NR: 8603323

NET AMT

CLIN Number 0411

FFP

MK 53 Mod 9 Decoy Launch System See Notes B and C.

FOB: Destination

MFR PART NR: 8730450

DWG NR: 8730450

NET AMT

CLIN Number 0415

FFP

NET AMT

CLIN Number 0415AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822231

DWG NR: 8822231

NET AMT

CLIN Number 0417

FFP

NET AMT

CLIN Number 0417AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822233

DWG NR: 8822233

NET AMT

CLIN Number 0418

FFP

NET AMT

CLIN Number 0418AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822234

DWG NR: 8822234

NET AMT

CLIN Number 0419

FFP

NET AMT

CLIN Number 0419AA

Each

FFP

See Notes B and C.

FOB: Destination

MFR PART NR: 8822235

DWG NR: 8822235

NET AMT

CLIN Number 9700

FFP

See Notes B and D. NTE: $150,000.00 FOB: Destination

NET AMT

CLIN Number 9900

Data

See Note A.

FOB: Destination

NET AMT

NOTES

NOTE A

Offerors shall enter the “Price Group” and “Estimated Total Price” values for each data item (Blocks 17 and 18 of each DD Form 1423.).

NOTE B

Option item to which the option clause in SECTION I applies and which is to be supplied only if and to the extent said option is exercised.

NOTE C

Stepladder Pricing – Maximum quantities per CLIN, year, and for the contract total are provided in a separate tablestable below.

CLIN Maximum Quantities

TOTAL CONTRACT QUANTITIES

The stepladder quantities for each CLIN allow for flexibility for the Government to determine which configurations are needed in each year. Notwithstanding the sum of the stepladder pricing quantity ranges included abovebelow, the Government is planning to purchase no more than the maximum yearly quantities for each CLIN grouping as outlined in the table below. Additionally, the Government is planning to purchase no more than 65 MK 53 Decoy Launch Systems and 116 MK 54 Decoy Launch Message Convertors under this contract.

BASE YEAR

OPTION YEAR 1

OPTION YEAR 2

OPTION YEAR 3

OPTION YEAR 4

CLIN Maximum Quantities

CLIN

Maximum Quantities

Stepladder Pricing. Stepladder pricing is utilized in this solicitation to provide offerors an opportunity to propose different pricing for separate and distinct quantity ranges within each CLIN. Notwithstanding the availability of the option to propose different pricing for different quantities, the offeror may propose the same price for multiple quantities.

As administrative placeholders, the Government will enter the maximum stepladder quantities and the corresponding proposed unit prices for all stepladder Option CLINs. The Government reserves the right to unilaterally adjust the quantity and unit price of each stepladder Option CLIN in accordance with this Note (Note C), if and to the extent said Option CLINs are exercised.

For all CLINs with stepladder pricing, the Government may unilaterally increase a given line item more than once up to the maximum stepladder quantity prior to the latest option exercise date identified in FAR 52.217-7. Option CLINs with stepladder pricing may be exercised until the total quantity purchased equals the maximum quantity listed for that Option CLIN in Section B. Increases to quantities or exercise of an option CLIN as part of a separate modification will be treated like an additional order and will not be bundled with the initial award or annual option exercises for the purposes of calculating stepladder unit pricing.

If the quantity of any line item is increased more than once within a 60-day period from initial option exercise, the unit price of all previously-exercised quantities shall be adjusted downward to reflect the appropriate stepladder unit price.

Notwithstanding the stepladder ranges for individual CLINs listed above, the Government anticipates further bundling across CLINs as well based on a combination of similar components across CLINs, as well as variations in the quantities of components for different DLS Mod variations. For this reason, unit pricing is broken down into 2 parts: the first part being costs that are relatively similar across all configurations (Example: all MK 53 DLS systems contain one MK 24 DLP), and the second part being costs that are still similar across DLS Mod variations, but also vary proportionally based on the quantity of components in each system (for example: the MK 53 DLS systems contain either two, four, or six MK 137 Launchers; the DLS contains two, four, or sex Cable Assemblies; labor specific to whether a system contains two, four, or six launchers,etc).

Stepladder Pricing combines the pricing from the two tables below to Be Proposed for Section B: (Contractor may propose different stepladder breaks within the required minimum and maximum quantities for both tables):

Table “MK 53 DLS Nulka System Base Price” Includes the proposed costs that are unchanged regardless of which Mod configuration is proposed.

MK 53 DLS Nulka System Base Price

4-6

7-9

10-12

13-16

4-6

7-9

10-12

13-16

4-6

7-9

10-12

13-15

16-18

4-6

7-9

10-12

13-16

4-6

7-9

10-12

13-16

Table “Launcher Quantity Adder Stepladder Pricing Table” includes all proposed costs that are variable based on the number of MK 137 Launchers procured across all CLINs in a given year Launcher Quantity Adder Stepladder Pricing Table

10-19

20-29

30-39

40-49

50-59

60-69

70-79

80-89

10-19

20-29

30-39

40-49

50-59

60-69

70-79

80-89

10-19

20-29

30-39

40-49

50-59

60-69

70-79

80-89

10-19

20-29

30-39

40-49

50-59

60-69

70-79

80-89

10-19

20-29

30-39

40-49

50-59

60-69

70-79

80-89

Unit pricing for each Mk 53 DLS CLIN will be calculated by the following steps:

1) Determine the total number if Mk 53 DLS Nulka Systems being procured in a given year.

2) Use the “Mk 53 DLS Nulka System base Price” Table above to determine the base price for all Nulka System CLINs in that year.

3) Sum the total number of MK 137 MOD 10 Launchers required for a given contract year (number of MK 137 MOD 10 Launchers per system multiplied by number of systems awarded under a given CLIN, then add all CLIN Launcher quantities).

4) Use the “Launcher Quantity Adder Stepladder Pricing Table” below to determine the Adder pricing per Launcher to be applied to each CLIN.

5) Multiply the Adder pricing by the number of MK 137 MOD 10 Launchers for the given CLIN configuration.

6) Add the calculated Mk 53 DLS Nulka System Base Price.

**EXAMPLE CLIN PRICING CALCULATION**

This is an example only and does not reflect expected or guaranteed quantities or pricing of any kind.

Example Stepladder Pricing Tables

EXAMPLE Launcher Quantity Adder Stepladder Pricing Table

EXAMPLE Mk 53 DLS Nulka System base Price

**END OF EXAMPLE**

NOTE D

Provisioned Item Orders (PIO) may be placed against this line item and the pricing thereof shall be established by the parties to the contract on a firm fixed price basis prior to the award of each order. The estimated price of CLIN 9700 is based on a Government-estimated cost (fully burdened except profit) plus the proposed maximum profit of X% (to be filled in based on Offeror’s proposal),, but not to exceed 9%), but does not represent a not-to-exceed value. Each order under CLIN 9700 will be priced at time of award using thea proposed profit not to exceed the percent established in this note. The total sum of all orders under CLIN 9700 may exceed the initial estimated price; however, the total of orders, including profit, cannot exceed $150200,000.00.

CLAUSES INCORPORATED BY FULL TEXT

B-232-H005 PAYMENTS OF FEE(S) (LEVEL OF EFFORT)--ALTERNATE I (NAVSEA) (OCT 2018)

(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, or "fixed fee" in cost-plus-fixed-fee type contracts.

(b) The Government shall make payments to the Contractor, subject to and per the clause in this contract entitled "Fixed Fee" (FAR 52.216-8) or "Incentive Fee", (FAR 52.216-10), as applicable. Such payments shall be submitted by and payable to the Contractor pursuant to the clause of this contract entitled "Allowable Cost and Payment" (FAR 52.216-7), subject to the withholding terms and conditions of the "Fixed Fee" or "Incentive Fee" clause, as applicable. Fee paid per hour shall be based on total fee dollars divided by total hours to be provided. Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract.

(End of 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.

B-216-H006 FEE TABLE (NAVSEA) (MAR 2019)

0002 – Engineering Services

*The offeror shall divide the proposed fee for each CLIN by the quantity of labor hours indicated to complete the table. Fee is calculated based on cost less FCCOM; if FCCOM is proposed, necessary columns may be added.

In the event of any inconsistency between the above table and the CLIN pricing, the CLIN pricing shall take precedence.

B-227-H001 PROVISIONING TECHNICAL DOCUMENTATION – WITHHOLDING OF PAYMENT (NAVSEA) (OCT 2018)

(a) For the purpose of paragraph (c) of the "Progress Payments" clause of this contract, if included, the requirement that the Contractor develop and deliver Provisioning Technical Documentation (PTD) is considered to be a "material requirement of this contract," and Contractor failure to make adequate progress in the development of PTD, or to deliver acceptable PTD on a timely basis, may result in reduction or suspension of Progress Payments as provided in said paragraph.

(b) The PTD is considered to be a part of the "Technical Data" specified to be delivered under this contract for the purposes of the "Technical Data--Withholding of Payment" (DFARS 252.227-7030) clause. The terms and conditions of the clause entitled "Limitation On Withholding of Payments (FAR 52.232-9), if included in this contract, shall not apply to withholding of payment for failure to make timely delivery of the PTD or delivery of deficient PTD.

B-231-H001 TRAVEL COSTS (NAVSEA) (OCT 2018)

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its actual travel costs in accordance with FAR 31.205-46. The travel costs to be reimbursed shall be those costs for which the Contractor has maintained appropriate documentation and which have been determined to be allowable, allocable, and reasonable by the Procuring Contracting Officer, Administrative Contracting Officer, or their duly authorized representative.

(b) Reimbursable travel costs include only that travel performed from the Contractor's facility to the worksite, in and around the worksite, and from the worksite to the Contractor's facility.

(c) Relocation costs and travel costs incidental to relocation are allowable to the extent provided in FAR 31.205-35; however, Procuring Contracting Officer approval shall be required prior to incurring relocation expenses and travel costs incidental to relocation.

(d) The Contractor shall not be reimbursed for the following daily local travel costs:

(i) travel at U.S. Military Installations where Government transportation is available,

(ii) travel performed for personal convenience/errands, including commuting to and from work, and

(iii) travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor's or employee's convenience.

B-232-H003 PAYMENTS OF FEE (S) (COMPLETION) (NAVSEA) (OCT 2018)

(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, or "fixed fee" in cost-plus-fixed-fee type contracts.

(b) The Government shall make payments to the Contractor, subject to and per the clause in this contract entitled "Fixed Fee" (FAR 52.216-8) or "Incentive Fee", (FAR 52.216-10), as applicable. Such payments shall be equal to (to be filled in at award) percent (to be filled in at award) of the allowable cost of each invoice submitted by and payable to the Contractor pursuant to the clause of this contract entitled "Allowable Cost And Payment" (FAR 52.216-7), subject to the withholding terms and conditions of the "Fixed Fee" or "Incentive Fee" clause, as applicable (percentage of fee payable is based on fee dollars divided by estimated cost dollars including facilities capital cost of money). Fee shall not be applied on Facilities Capital Cost of Money per FAR 15.404-4(c)(3) and DFARS 215-404-71-4. Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract.

(c) In the event of discontinuance of the work under this contract, or any specified phase of the contract, per the clause of this contract entitled "Limitation of Funds" (FAR 52.232-22) or "Limitation of Cost" (FAR 52.232-20), as applicable, the fee shall be equitably adjusted by mutual agreement to reflect the diminution of work. If the adjusted fee is less than the sum of all fee payments made to the Contractor under this contract, the Contractor shall repay the excess amount to the Government. If the adjusted fee exceeds all payments made to the Contractor under this contract, the Contractor shall be paid the additional amount, subject to the availability of funds. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract at the time of the discontinuance of work.

(d) Fee(s) withheld pursuant to the terms and conditions of this contract shall not be paid until the contract has been modified to reduce the fee(s) per paragraph (c) above, or until the Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required.

CLAUSES INCORPORATED BY FULL TEXT

B-232-H006 LIMITATION OF COST OR LIMITATION OF FUNDS CLARIFICATION (NAVSEA) (OCT 2018)

The clause entitled "Limitation of Cost" (FAR 52.232-20) or "Limitation of Funds" (FAR 52.232-22), as appropriate, shall apply separately and independently to each separately identified estimated cost.

Section C - Descriptions and Specifications

MK 53 DECOY LAUNCH SYSTEMS AND MK 54 DECOY LAUNCH MESSAGE CONVERTORS

1 SCOPE

1.1 Objective

This Statement of Work (SOW) defines the efforts required for the production of the MK 53 Decoy Launch System (DLS) and MK 54 Decoy Launch Message Convertor (DLMC) subassembly. The Contractor shall include all associated program management, logistic support planning, and testing requirements during production of the MK 53 DLS and MK 54 DLMC subassembly. The requirements of this SOW may be used for the acquisition of any of the configurations of the MK 53 DLS and MK 54 DLMC subassembly, found in the table below.

The Contractor shall provide all personnel, facilities, equipment, and fixtures to manufacture, assemble, test and deliver all MK 53 DLS configurations and MK 54 DLMC subassembly. All items presented for acceptance shall be manufactured, assembled, and tested in accordance with (IAW) the MK 53 DLS Technical Data Package (TDP) (Attachment J-1), MK 54 DLMC TDP (Attachment J-2) and the Government Furnished Information (GFI) (Attachment J-3) incorporated herein.

This SOW includes a base contract, with four option years. In addition to production of the MK 53 DLS (Contract Line Item Numbers (CLINS) 0007, 0009, 0010, 0011, 0015, 0017, 0018, 0019, 0107, 0109, 0110, 0111, 0115, 0117, 0118, 0119, 0207, 0209, 0210, 0211, 0215, 0217, 0218, 0219, 0307, 0309, 0310, 0311, 0315, 0317, 0318, 0319, 0407, 0409, 0410, 0411, 0415, 0417, 0418, 0419) and MK 54 DLMC (CLINs 0001, 0101, 0201, 0301, 0401), there are options for Engineering Support Services (CLINs 0002, 0102, 0202, 0302, 0402), and spares parts via Provisioned Item Orders (PIO) (CLIN 9700). Data Deliverables (CLIN 9900) are also required under this contract, with Government guidance and according to individual Contract Data Requirements List (CDRL) (Exhibit A) requirements.

1.2 Background

Due to advancements in Anti-Ship Missile (ASM) technology, an off board active decoy capable of ship-like kinematics became a requirement for ASM Defense (ASMD). To meet these requirements, the MK 234 Electronic Decoy Cartridge (EDC) was developed, along with an upgrade for installations on US platforms, in the 1980’s. In so doing, the MK 36 DLS was incorporated with the MK 234 EDC capability, resulting in the Nulka Decoy System. The Nulka System, comprised of the DLS and EDC, reached Milestone III Full Rate Production (FRP) in 1999. This SOW includes the MK 53 DLS only.

The continued procurement of the MK 53 DLS is required to provide uninterrupted support to the US Fleet in forward and backfit installations. The current configuration of the Nulka MK 53 DLS includes a MK 24 Decoy Launch Processor (DLP). Impending Surface Electronic Warfare Improvement Program (SEWIP) SoftKill Coordination Subsystem (SKCS) production, delivery and implementation will necessitate a replacement of the In-Service DLPs with a recently designed MK 54 DLMC in select ships. The MK 54 DLMC will serve as a relay point in passing commands between the Nulka round. Requirements will vary depending on SKCS fielding. Production efforts are Build-to-Print (BTP). Mature TDPs for MK 53 DLS (Attachment J-1) and additional MK 54 DLMC subassemblies (Attachment J-2) are provided.

2 APPLICABLE DOCUMENTS.

Unless otherwise indicated, copies of federal and military specifications, standards, instructions, and handbooks are available on the internet at the Department of Defense Single Stock Point (DODSSP) at http://dodssp.daps.dla.mil. Joint Chief of Staff, DoD Directives (DoDD), Instructions (DoDI) and Publications documents can be found on the Acquisition, Technology, and Logistics (AT&L) Acquisition Knowledge Sharing System (AKSS) at http://akss.dau.mil/jsp/default.jsp. DoDs, DoDIs and Publications documents, as well as other services publications, can be found at the DoD Issuances website at http://www.dtic.mil/whs/directives. Non-Government documents are not provided as GFI (Attachment J-3) and should be obtained from the commercial sources.

Documents in Section 2 have been referenced throughout this SOW, and shall be used where relative and applicable in the plans, processes, and procedures developed within this SOW.

2.1 Military Standards

2.2 Military Handbooks

2.3 Other Government Documents

2.4 Weapon Specifications

SCN-1 FEB 2001

2.5 Commercial Specifications

2.6 ASME Standards

2.7 International Organization for Standardization

2.8 SAE International

3 REQUIREMENTS

The Contractor shall manufacture various configurations of the MK 53 DLS (CLINS 0007, 0009, 0010, 0011, 0015, 0017, 0018, 0019, 0107, 0109, 0110, 0111, 0115, 0117, 0118, 0119, 0207, 0209, 0210, 0211, 0215, 0217, 0218, 0219, 0307, 0309, 0310, 0311, 0315, 0317, 0318, 0319, 0407, 0409, 0410, 0411, 0415, 0417, 0418, 0419) and MK 54 DLMC subassembly (CLINs 0001, 0101, 0201, 0301, 0401) IAW the following:

3.1 Production Management.

The Contractor shall assign a Production Manager with complete responsibility for the planning, execution, control and reporting of all aspects of the production of the MK 53 DLS and MK 54 DLMC. In addition to the provision of Production Facilities, Test Facilities, Personnel, and Equipment, the tasks required for Production Management are, in part, as follows: (1) Plan Development (Production Management Plan) (CDRL A001), (2) Program Management, (3) Documentation, and (4) Security. The following Production Management functions are further defined as noted within each section. Data deliverables are required under this contract.

CDRL A001, Production Management Plan

3.1.1 Production Management Plan (CDRL A001)

To ensure qualification and adherence of production items to design requirements, the Contractor shall develop and maintain a Production Management Plan (CDRL A001). The Contractor shall develop plans, procedures, and processes to establish proper controls over the production program and manufacturing process. The Contractor shall establish and maintain assembly and process instructions. The documentation shall define all manufacturing steps and processes required to produce the MK 53 DLS IAW the TDP (Attachment J-1) provided. The documentation shall also define all manufacturing steps and processes required to produce the MK 54 DLMC IAW the TDP (Attachment J-2) provided. The Government will participate, as required, to determine the adequacy of the planning and implementation to ensure the continued ability of the Contractor to fabricate and deliver compliant items. The Contractor shall demonstrate, by successful implementation of the Production Management Plan (CDRL A001), that the necessary management controls and systems are in place to ensure that the items built during production will continue to meet the MK 53 DLS TDP (Attachment J-1) and MK 54 DLMC TDP (Attachments J-2) requirements.

Documents of Sections 2.5, 2.6, 2.7, and 2.8 shall be used where relative and applicable in plans, processes, and procedures developed.

CDRL A001, Production Management Plan

3.1.2 Manufacturing Readiness Assessments (MRAs)

The Contractor shall report any changes to the production management system in the Monthly Progress and Status Report (CDRL A002), during MRAs, and at Quarterly Program Reviews (QPRs). The Contractor shall conduct MRAs using the definitions, criteria, and processes defined in the DoD Manufacturing Readiness Level (MRL) Desk Book. The Contractor shall host MRAs at the Contractor’s facility for Government apprisalappraisal. If the Government deems it necessary, the Contractor shall lead MRAs at supplier’s facilities and include Program Office participants. The Contractor shall work with the Government to define the MRA Agenda IAW CDRL A004. The Contractor shall develop and implement Manufacturing Maturation Plans IAW CDRL A005 for areas in which the MRA identifies to be lower than required.

CDRL A002, Monthly Progress and Status Report CDRL A004, Agenda CDRL A005, Manufacturing Maturation Plan

3.2 Program Management

The Contractor shall assign a Program Manager (PM) for the planning, execution and reporting of tasking. The Contractor shall direct in-house and subcontractor efforts. The Contractor shall develop, maintain, and deliver a Contractor Work Breakdown Structure (CWBS) (CDRL A006). The Contractor shall develop, maintain, and deliver an Integrated Master Schedule (IMS) (CDRL A003). The Contractor shall plan for and report IMS progress at various Performance Reviews. At a minimum, the Contractor shall establish and implement business and administrative planning, organizing, directing, coordinating, and approval actions designated to accomplish overall program objectives.

CDRL A003, Integrated Program Management Data and Analysis Report: Integrated Master Schedule CDRL A006, Contractor Work Breakdown Structure

3.2.1 Monthly Progress and Status Report (CDRL A002)

The Contractor shall generate a Monthly Progress and Status Report IAW CDRL A002. The Contractor shall develop and provide the progress of work and the status of the Program. The Contractor shall utilize the Monthly Progress and Status Report to inform the Government of existing or potential problem areas. The Contractor shall continually assess the risks associated with schedule and achievement of technical requirements. The Contractor shall work with the Government to identify critical events, milestones, test requirements, and Technical Measurement Parameters with which to monitor program risk. The Contractor shall be responsible for monitoring the status of subcontractors and suppliers. Results of these observations shall be presented at reviews and in the Monthly Progress and Status Report (CDRL A002).

CDRL A002, Monthly Progress and Status Report

3.2.2 Integrated Master Schedule (IMS) (CDRL A003)

The Contractor shall develop and implement a program schedule that clearly defines how the MK 53 DLS Program will be managed and controlled, including but not limited to the following topics: Subcontractor Control, Data Management, Risk Management, and Management and Accountability for GFI (Attachment J-3) and Government Furnished Property (GFP) (Attachment J-4). The Contractor shall document this schedule in an IMS IAW CDRL A003.

CDRL A001, Production Management Plan CDRL A002, Monthly Progress and Status Report CDRL A003, IPMDAR: Integrated Master Schedule

3.2.3 Contract Management/Performance Reviews

The Contractor shall schedule and host meetings and conferences, as follows:

3.2.3.1 Post Award Conference

The Contractor shall schedule and host a Post Award Conference at the Contractor’s facility, or if determined by the Government, via phone/virtual conference, no later than 30 days after award of the contract. The purpose of the Post Award Conference is to review all initial production plans. A CSDR readiness review shall be included as part of the post award kickoff. The Contractor shall prepare and deliver a Post Award Conference Agenda IAW CDRL A004 and Post Award Conference Meeting Minutes IAW CDRL A007.

CDRL A004, Agenda CDRL A007, Meeting Minutes

3.2.3.2 Quarterly Program Reviews (QPR)

The Contractor shall schedule and host program reviews on a quarterly basis at the Contractor’s facility, or if determined by the Government, via phone/virtual conference. The purpose of the QPR is to review production status. The Contractor shall prepare and deliver a QPR Agenda IAW CDRL A004 and QPR Meeting Minutes IAW CDRL A007.

CDRL A004, Agenda CDRL A007, Meeting Minutes

3.2.3.3 Contractor Facility Visit

The Government shall initiate Contractor Facility Visits, as deemed necessary by the Contracting Officer. The Contractor shall schedule and host the Contractor Facility Visit, in coordination with the Government, no later than 30 days after initiation. The Contractor shall prepare and deliver a Contractor Facility Visit Agenda IAW CDRL A004 and Contractor Facility Visit Meeting Minutes IAW CDRL A007.

CDRL A004, Agenda CDRL A007, Meeting Minutes

3.2.3.4 Contract Closeout Meeting

The Contractor shall schedule and host a Contract Closeout Meeting at the Contractor’s facility, or if determined by the Government, via phone/virtual conference, no less than 14 days and no more than 30 days after the last MK 53 DLS and MK 54 DLMC has been delivered and accepted. The purpose of the Contract Closeout Meeting is to provide instructions to the Contractor for disposition of GFI (Attachment J-3) and GFP (Attachment J-4). The Contractor shall prepare and deliver a Contract Closeout Meeting Agenda IAW CDRL A004 and Contract Closeout Meeting Minutes IAW CDRL A007gA007.

CDRL A004, Agenda CDRL A007, Meeting Minutes

3.2.4 Contractor Work Breakdown Structure (CWBS) (CDRL A006)

The Contractor shall generate a CWBS IAW CDRL A006 that captures all tasks associated with this contract. The Contractor shall update the CWBS (CDRL A006) during the execution of the contract, if necessary. The Contractor shall obtain Government approval for changes to the CWBS (CDRL A006) or associated definitions at or above level 3.