N32205-15-R-3003_Amendment_0004.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

H-3

ADDITIONAL GOVERNMENT REQUIREMENTS CLIN 0002

(a) The contractor agrees that CLIN 0002 AGR man-hours (including supplemental, emergent and new work), if ordered, shall be performed concurrently with CLIN 0001 and any or all Cat B CLINS exercised, during the contract period of performance, without impacting, accelerating, or causing delay or disruption to the work required by the aforementioned work items, to any other Government Contract, or to any other work in progress for the Government.

(b) Whenever the Government orders AGR pursuant to this clause, the contractor shall submit a price proposal for such work. This proposal shall be submitted within 3 days of the receipt of the Government's request for a proposal, or within such additional time provided in writing by the Contracting Officer. The contractor's failure to submit its proposal within the 3 days, or such extended period of time, may be considered a failure of the parties to negotiate a fair and reasonable price for the AGR and will permit the Contracting Officer to take any of the three options set forth in subparagraph (c) below. AGR proposals shall be priced using the fully loaded rate set forth in Section B, CLIN 0002. The Contractor shall indicate the fully loaded man-hour labor rate (including profit, G&A, QA, supervision, support functions, and all indirect charges). This rate will be used in evaluating the Contractor's proposal and also will be used for negotiating changes as required by this clause.

(c) Upon receipt of the Contractor's price proposal for the AGR the Contractor and the Contracting Officer shall negotiate the scope of the effort. If a fair and reasonable price cannot be negotiated between the Contractor and the Contracting Officer, the Contracting Officer reserves the right to:

(1) Have the work performed by the Government;

(2) Issue a unilateral modification

(3) Cancel the requirement.

(d) The Contractor knowingly and voluntarily waives all claims against the Government and/or other third party contractors for delay, disruption, loss of efficiency, or other impact arising out of or based upon the presence of Government or other contractor employees performing the AGR at this contractor's facility. Furthermore, in cases described in sub-paragraphs (c)(1) and (2) above, the Contractor waives any right to claims of interference under the Clause entitled "Access to Vessels".

(e) The Contractor warrants and hereby certifies that its price for the firm fixed portion of this Contract (CLIN

0001) does not include any amount for the "Additional Government Requirements" (CLIN 0002). Settlement of

“Additional Government Requirements” (CLIN 0002) will be for the purpose of providing funding. In the event the

Government requires additional work, authorization to proceed shall be made by only the Contracting Officer. A

Technical Direction Letter (TDL) may authorize individual or multiple Additional Requirements. Upon receipt of a

TDL the Contractor may invoice the work authorized therein, provided sufficient funding remains on each applicable CLIN. Each TDL shall contain, at a minimum, a serial number for reference purposes, the work to be performed, the agreed price, the applicable CLINs and the amount that may be invoiced to each, and the total authorized value for all issued TDLs. The Contractor is to perform and invoice against CLIN 0002 ONLY for work that has been AUTHORIZED in a TDL. All funding remaining on CLINs 0001 through 00XX at Contract completion shall be de-obligated.

(f) AGR does not include work performed pursuant to the clause of this Contract entitled "Inspection of and Manner of doing work," "Guarantees," or other contract provisions relating to the corrections of defects.

(End of Summary of Changes)