N6426725Q5007 - Combined Synopsis - Solicitation.pdf

N6426725Q5007

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

MARINE MAMMAL BOAT #1

FFP

The Contractor shall build the boat in accordance with Section C - STATEMENT OF WORK, Paragraph 5.3 and the Specification (Attachment 1 – Marine Mammal Boat Specification). All boat-specific efforts shall be included in the pricing for this CLIN.

NET AMT

0001AA 1 Each Event 1

FFP

Post Award Conference Event % Value: 2% % of Task Completed: 2%

- See SECTION H for complete Event Table FOB: Destination

PSC CD: 1940

0001AB 1 Each Event 2

FFP

Start of Engineering Services Event % Value: 5% % of Task Completed: 7%

- See SECTION H for complete Event Table

0001AC 1 Each Event 3

FFP

Ordering of Major Components Event % Value: 10% % of Task Completed: 17%

- See SECTION H for complete Event Table

0001AD 1 Each Event 4

FFP

Completion of successful DMR Event % Value: 2% % of Task Completed: 19%

- See SECTION H for complete Event Table

0001AE 1 Each Event 5

FFP

Proof of Receipt of Motors Event % Value: 5% % of Task Completed: 24%

- See SECTION H for complete Event Table

0001AF 1 Each Event 6

FFP

Proof of Receipt of Trailer Event % Value: 3% % of Task Completed: 27%

- See SECTION H for complete Event Table

0001AG 1 Each Event 7

FFP

Proof of Receipt of other Major Components Event % Value: 10% % of Task Completed: 37%

- See SECTION H for complete Event Table

0001AH 1 Each Event 8

FFP

Delivery of Preliminary TDP Event % Value: 3% % of Task Completed: 40%

- See SECTION H for complete Event Table

0001AJ 1 Each Event 9

FFP

Hull Completely Welded Event % Value: 5% % of Task Completed: 45%

- See SECTION H for complete Event Table

0001AK 1 Each Event 10

FFP

Hull Completely outfitted and ready for Sea Trials Event % Value: 15% % of Task Completed: 60%

- See SECTION H for complete Event Table

0001AL 1 Each Event 11

FFP

Completion and Acceptance of PDIT Event % Value: 14% % of Task Completed: 74%

- See SECTION H for complete Event Table

0001AM 1 Each Event 12

FFP

Acceptance of Boat Event % Value: 25% % of Task Completed: 99%

- See SECTION H for complete Event Table

0001AN 1 Each Event 13

FFP

Retention Event % Value: 1% % of Task Completed: 100%

- See SECTION H for complete Event Table

MARINE MAMMAL BOAT #2

FFP

The Contractor shall build the boat in accordance with Section C - STATEMENT OF WORK, Paragraph 5.3 and the Specification (Attachment 1 – Marine Mammal

0002AA 1 Each Event 1

FFP

Post Award Conference Event % Value: 2% % of Task Completed: 2%

- See SECTION H for complete Event Table

0002AB 1 Each Event 2

FFP

Start of Engineering Services Event % Value: 5% % of Task Completed: 7%

- See SECTION H for complete Event Table

0002AC 1 Each Event 3

FFP

Ordering of Major Components Event % Value: 10% % of Task Completed: 17%

- See SECTION H for complete Event Table

0002AD 1 Each Event 4

FFP

Completion of successful DMR Event % Value: 2% % of Task Completed: 19%

- See SECTION H for complete Event Table

0002AE 1 Each Event 5

FFP

Proof of Receipt of Motors Event % Value: 5% % of Task Completed: 24%

- See SECTION H for complete Event Table

0002AF 1 Each Event 6

FFP

Proof of Receipt of Trailer Event % Value: 3% % of Task Completed: 27%

- See SECTION H for complete Event Table

0002AG 1 Each Event 7

FFP

Proof of Receipt of other Major Components Event % Value: 10% % of Task Completed: 37%

- See SECTION H for complete Event Table

0002AH 1 Each Event 8

FFP

Delivery of Preliminary TDP Event % Value: 3% % of Task Completed: 40%

- See SECTION H for complete Event Table

0002AJ 1 Each Event 9

FFP

Hull Completely Welded Event % Value: 5% % of Task Completed: 45%

- See SECTION H for complete Event Table

0002AK 1 Each Event 10

FFP

Hull Completely outfitted and ready for Sea Trials Event % Value: 15% % of Task Completed: 60%

- See SECTION H for complete Event Table

0002AL 1 Each Event 11

FFP

Completion and Acceptance of PDIT Event % Value: 14% % of Task Completed: 74%

- See SECTION H for complete Event Table

0002AM 1 Each Event 12

FFP

Acceptance of Boat Event % Value: 25% % of Task Completed: 99%

- See SECTION H for complete Event Table

0002AN 1 Each Event 13

FFP

Retention Event % Value: 1% % of Task Completed: 100%

- See SECTION H for complete Event Table

MARINE MAMMAL BOAT #3

FFP

The Contractor shall build the boat in accordance with Section C - STATEMENT OF WORK, Paragraph 5.3 and the Specification (Attachment 1 – Marine Mammal

0003AA 1 Each Event 1

FFP

Post Award Conference Event % Value: 2% % of Task Completed: 2%

- See SECTION H for complete Event Table

0003AB 1 Each Event 2

FFP

Start of Engineering Services Event % Value: 5% % of Task Completed: 7%

- See SECTION H for complete Event Table

0003AC 1 Each Event 3

FFP

Ordering of Major Components Event % Value: 10% % of Task Completed: 17%

- See SECTION H for complete Event Table

0003AD 1 Each Event 4

FFP

Completion of successful DMR Event % Value: 2% % of Task Completed: 19%

- See SECTION H for complete Event Table

0003AE 1 Each Event 5

FFP

Proof of Receipt of Motors Event % Value: 5% % of Task Completed: 24%

- See SECTION H for complete Event Table

0003AF 1 Each Event 6

FFP

Proof of Receipt of Trailer Event % Value: 3% % of Task Completed: 27%

- See SECTION H for complete Event Table

0003AG 1 Each Event 7

FFP

Proof of Receipt of other Major Components Event % Value: 10% % of Task Completed: 37%

- See SECTION H for complete Event Table

0003AH 1 Each Event 8

FFP

Delivery of Preliminary TDP Event % Value: 3% % of Task Completed: 40%

- See SECTION H for complete Event Table

0003AJ 1 Each Event 9

FFP

Hull Completely Welded Event % Value: 5% % of Task Completed: 45%

- See SECTION H for complete Event Table

0003AK 1 Each Event 10

FFP

Hull Completely outfitted and ready for Sea Trials Event % Value: 15% % of Task Completed: 60%

- See SECTION H for complete Event Table

0003AL 1 Each Event 11

FFP

Completion and Acceptance of PDIT Event % Value: 14% % of Task Completed: 74%

- See SECTION H for complete Event Table

0003AM 1 Each Event 12

FFP

Acceptance of Boat Event % Value: 25% % of Task Completed: 99%

- See SECTION H for complete Event Table

0003AN 1 Each Event 13

FFP

Retention Event % Value: 1% % of Task Completed: 100%

- See SECTION H for complete Event Table

MARINE MAMMAL BOAT #4

FFP

The Contractor shall build the boat in accordance with Section C - STATEMENT OF WORK, Paragraph 5.3 and the Specification (Attachment 1 – Marine Mammal

0004AA 1 Each Event 1

FFP

Post Award Conference Event % Value: 2% % of Task Completed: 2%

- See SECTION H for complete Event Table

0004AB 1 Each Event 2

FFP

Start of Engineering Services Event % Value: 5% % of Task Completed: 7%

- See SECTION H for complete Event Table

0004AC 1 Each Event 3

FFP

Ordering of Major Components Event % Value: 10% % of Task Completed: 17%

- See SECTION H for complete Event Table

0004AD 1 Each Event 4

FFP

Completion of successful DMR Event % Value: 2% % of Task Completed: 19%

- See SECTION H for complete Event Table

0004AE 1 Each Event 5

FFP

Proof of Receipt of Motors Event % Value: 5% % of Task Completed: 24%

- See SECTION H for complete Event Table

0004AF 1 Each Event 6

FFP

Proof of Receipt of Trailer Event % Value: 3% % of Task Completed: 27%

- See SECTION H for complete Event Table

0004AG 1 Each Event 7

FFP

Proof of Receipt of other Major Components Event % Value: 10% % of Task Completed: 37%

- See SECTION H for complete Event Table

0004AH 1 Each Event 8

FFP

Delivery of Preliminary TDP Event % Value: 3% % of Task Completed: 40%

- See SECTION H for complete Event Table

0004AJ 1 Each Event 9

FFP

Hull Completely Welded Event % Value: 5% % of Task Completed: 45%

- See SECTION H for complete Event Table

0004AK 1 Each Event 10

FFP

Hull Completely outfitted and ready for Sea Trials Event % Value: 15% % of Task Completed: 60%

- See SECTION H for complete Event Table

0004AL 1 Each Event 11

FFP

Completion and Acceptance of PDIT Event % Value: 14% % of Task Completed: 74%

- See SECTION H for complete Event Table

0004AM 1 Each Event 12

FFP

Acceptance of Boat Event % Value: 25% % of Task Completed: 99%

- See SECTION H for complete Event Table

0004AN 1 Each Event 13

FFP

Retention Event % Value: 1% % of Task Completed: 100%

- See SECTION H for complete Event Table

0005 1 Lot

PRE-DELIVERY INSPECTIONS AND TRIALS

FFP

The Contractor shall perform boat Pre-Delivery Inspections and Trials (PDIT), in accordance with SOW, Paragraph 5.3.14 and the Specification (Attachment 1 – Marine Mammal Boat Specification), Section 094.

0006 1 Lot

TDP NON-RECURRING ENGINEERING

FFP

The Contractor shall develop the Technical Data Package (TDP) in accordance with Section 085 of the Specification (Attachment 1 – Marine Mammal Boat Specification)

0007 1 Lot

OPTION FLOTATION TEST

FFP

The Contractor shall conduct the flotation test in accordance with the Specification (Attachment 1 – Marine Mammal Boat Specification) Section 079.

Section C - Descriptions and Specifications

STATEMENT OF WORK

SALES TAX EXEMPTION

The contractor is hereby advised that the United States Government and Agencies thereof are exempt from State and Local Government tax by virtue of Article 6 of the United States Constitution. No exemption certificate is required.

This is an official Request for Quote (RFQ) under FAR Part 13.

This procurement contains the following contract type(s): FFP – Firm-Fixed Price

Marine Mammal Boats

1. INTRODUCTION

PMS300 requires the procurement and delivery of four (4) Marine Mammal boats as directed by PMS300G U.S.

Navy Boats and FMS & Craft program office.

2. BACKGROUND

The Marine Mammal Boats are used by Naval Information Warfare Center (NIWC) Pacific, Reconnaissance Division. These boats directly support the mission readiness of the NIWC Marine Mammal Program.

3. SCOPE

The Contractor shall provide and deliver four (4) Marine Mammal boats in accordance with this Statement of Work (SOW), Paragraph 5.0 Requirements.

4. APPLICABLE DOCUMENTS

N/A

5. REQUIREMENTS

5.1 GENERAL STATEMENT OF WORK

This Statement of Work (SOW) defines the effort required for the design, build, testing, configuration control, documentation, and program management for the acquisition of the Marine Mammal boats for NIWC.

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.

5.1.1 BACKGROUND

The Reconnaissance and Interdiction Division at NIWC Pacific manages the Navy’s Marine Mammal Program which trains marine mammals to detect, locate, mark and recover objects in harbors, coastal areas, and at depth in the open sea. Marine mammals also assist security personnel in detecting and apprehending unauthorized swimmers and divers that might attempt to harm Navy personnel and infrastructure. The marine mammals either swim alongside the boat or ride in the boat itself.

5.1.2 QUANTITIES

The contract is for four (4) boats.

5.1.3 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.

5.2 CONTRACT LINE ITEM NUMBER DESCRIPTIONS

5.2.1 CLINs 0001-0004 – MARINE MAMMAL BOAT

The Contractor shall build the boat in accordance with SOW, Paragraph 5.3 below and the Specification (Attachment 1 – Marine Mammal Boat Specification). All boat-specific efforts shall be included in the pricing for each CLIN including:

5.2.1-1 BOAT– The Contractor shall provide the boat and trailer in accordance with the Specification (Attachment 1 – Marine Mammal Boat Specification).

5.2.1-2 UID – 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 - Unique Item Identification).

5.2.1-3 SHIPPING – CHEATHAM ANNEX – The Contractor shall deliver the boat to the location specified in Section F (Deliveries or Performance) and in accordance with SOW, Paragraph 5.3.7.

Spare parts and items not integrated into the boat shall be wrapped in protective packaging or container and shall be shipped to the same location either with the boat or via separate shipping.

5.2.1-4 BOAT (INITIAL) SPARES – The Contractor shall provide initial boat spares for the boat in accordance with Attachment 3 – Marine Mammal Boat Spare Parts List and SOW, Paragraph 5.3.5-1 below.

5.2.1-5 COPY OF BOAT SPECIFIC TECHNICAL DATA PACKAGE (TDP) – The contractor shall provide for each boat one hard copy and one electronic copy of the Final TDP specific to each boat in accordance with SOW, Paragraph 5.3.10 below.

5.2.2 CLIN 0005 – PRE-DELIVERY INSPECTIONS AND TRIALS (PDIT)

The Contractor shall perform boat Pre-Delivery Inspections and Trials (PDIT), in accordance with SOW, Paragraph 5.3.14 and the Specification (Attachment 1 – Marine Mammal Boat Specification), Section 094

5.2.3 CLIN 0006 – TDP NON-RECURRING ENGINEERING

The Contractor shall develop the Technical Data Package (TDP) in accordance with Section 085 of the Specification (Attachment 1 – Marine Mammal Boat Specification)

5.2.4 OPTION CLIN 0007 – FLOTATION TEST

The Contractor shall conduct the flotation test in accordance with the Specification (Attachment 1 – Marine Mammal Boat Specification) Section 079.

5.3 STATEMENT OF WORK, DESIGN, PRODUCTION AND DOCUMENTATION

5.3.1 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.

5.3.1-1 Post Award Conference: The Contractor shall conduct a PAC with the Government within 45 days after contract award. The conference will be held at the Contractor’s facility or by phone or by virtual meeting 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.

5.3.1-2 Design Maturity Review (DMR): The Contractor shall schedule and host Government personnel for a DMR prior to the start of building of the first boat of each variant. The purpose of the DMR is to demonstrate that the design is sufficiently mature to start building 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 – Marine Mammal Boat Specification) have been incorporated into the design. The Government will notify the Contractor within 7 days of the completion of the DMR whether or not the start of building is authorized. The following shall be provided 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,

d. Quick Draining 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. Tow Fitting Analysis,

d. Cleat Analysis.

5. Preliminary Build 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.

6. Production facilities: The Contractor shall provide evidence of the facilities readiness to produce the Marine Mammal Boat.

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

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

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

10. Test Plans: The Contractor shall provide the procedures and plans for the flotation test.

5.3.1-3 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, virtually or by phone and shall not interfere with continued progress or production of the boat. 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.

5.3.1-4 Monthly Status Reports: Monthly status reports will be submitted to PMS 300 documenting monthly highlights demonstrating a project schedule for each hull as well as any issues that arise with the contractor and any associated Original Equipment Manufacturers (OEM’s).

5.3.2 CONFIGURATION MANAGEMENT

The contractor shall maintain Configuration Management of the boats in accordance with Section C - Descriptions and Specifications, CONFIGURATION MANAGEMENT. The baseline configuration is set on the acceptance of the first boat.

5.3.3 WARRANTY

The Contractor will correct defects for the boat, and all installed equipment, for minimum of 18-months, starting from the date the government officially accepts the boat and after the contractor solves all discrepancies from the Post Delivery Inspection Report (PDIR) in accordance with the warranty provided in Attachment 5 - Warranty Terms.

5.3.4 PROGRAM MANAGEMENT

Roles and Responsibilities

5.3.4-1 The Contractor shall establish a project management structure that ensures overall quality of the boat components, consistent with their chosen engineering and manufacturing approach.

5.3.4-2 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.

5.3.4-3 The Government points of contact are listed in Section G - Contract Administration Data, GENERAL TEXT, GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT

AND RESPONSIBILITIES (c) and (d).

5.3.5 SPARES

5.3.5-1 Boat (initial) Spares: The Contractor shall provide initial spares for the boat as outlined in Attachment 3 – Marine Mammal Boat Spare Parts List. The spares provided for the 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. Boat and Spares shall be packaged and marked in accordance with Section D of this contract.

5.3.5-2 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.

5.3.6 PACKAGING – See Section D of the contract

5.3.7 DELIVERY - The Contractor shall deliver the boats to East Cheatham Annex (CAX) stock point locations, or locations, as defined in Section F of the basic contract.

5.3.8 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 - Unique Item Identification).

5.3.9 ESSENTIAL CYBERSECURITY COMPONENT (ECSC) DATA COLLECTION

For each boat the Contractor shall document and provide the Essential Cybersecurity Component (ECSC) details of hardware model/part number, hardware serial number, software version, and firmware version in accordance with Sections 085 of the Specification (Attachment 1 – Marine Mammal Boat Specification).

5.3.10 TECHNICAL DATA PACKAGE

5.3.10-1 General: The Contractor shall provide a copy of the Technical Data Package (TDP) with the boat in accordance with Section 085 of the Specification (Attachment 1 – Marine Mammal Boat Specification). 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 corresponding Boat CLIN. Any TDP non-recurring engineering shall be proposed under CLIN 0004.

5.3.10-2 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 Materials, and ECSC documentation shall be submitted in their native electronic format.

5.3.10-3 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.

5.3.10-4 Submittal: A preliminary TDP shall be provided for the DMR (per SOW, Paragraph 5.3.1-2) to aid in the DMR discussions. A complete preliminary TDP shall be submitted electronically to the TPOC a minimum of 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 by correction/incorporation and by providing Contractor responses (e.g. resolution plan, notification of boat correction, clarification questions, etc.) within 15 days of the PDITs.

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

5.3.10-5 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).

5.3.11 DATA RIGHTS

5.3.11-1 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 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.

5.3.11-2 The Contractor’s Data Rights assertions will be incorporated in the contract as Attachment 7 - Technical Data Rights Assertion.

5.3.11-3 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.

5.3.11-4 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.

5.3.12 TEST CERTIFICATIONS

Test certification, Builder’s Trials, and documentation for items in the Specification (Attachment 1 – Marine Mammal Boat Specification) 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 – Marine Mammal Boat Specification). Unless an earlier submittal is required, testing results for the first boat shall be submitted a minimum of 3 business days prior to PDIT start date to the Government TPOC. Testing results for each subsequent boat shall be submitted no less than 5 days prior to shipment of the boat to NSWCCD Code 83 (e-mailed to TBD).

5.3.13 BUILDER’S TRIALS (BT)

The Contractor shall perform and submit the BT results in electronic format (PDF) a minimum of 3 business days prior to PDIT start date to the Government TPOC. BT results of each subsequent boat shall be submitted no less than 5 days prior to shipment of the boat to NSWCCD Code 83 (e-mailed to TBD).

These trials and reports shall be conducted in accordance with the Specification (Attachment 1 – Marine Mammal Boat Specification) Section 094.

5.3.14 PRE-DELIVERY INSPECTION AND TRIAL

5.3.14-1 General: The Contractor shall schedule and host Government personnel to inspect and conduct sea trials on the boat. These trials shall be conducted in accordance with the Specification (Attachment 1 – Marine Mammal Boat Specification), Section 094.

5.3.14-2 Notification of Trials: The Contractor shall provide a minimum of 45 days’ notice of date of PDIT, and it is recommended the Contractor schedule PDIT no later than 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.

5.3.14-3 Trials Readiness: If upon arrival, the Government and the Builder are unable to satisfactorily perform the PDIT as outlined in the Specification (Attachment 1 – Marine Mammal Boat Specification) 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 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.

5.3.14-4 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.

5.3.15-5 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.

5.3.15 PHOTOS

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

GENERAL TEXT

USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES

(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 paperbased 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.

(End of text)

PERMITS AND RESPONSIBILITIES

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits for complying with any applicable Federal, State, and Municipal laws, codes, and regulations for shipping and transportation including, but not limited to, any movement over public highways of overweight/over dimensional materials.

UPDATING SPECIFICATIONS AND STANDARDS

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.

(End of Text)

Section D - Packaging and Marking

PACKAGING OF SUPPLIES—BASIC

Items 0001-0004 - The supplies furnished hereunder shall be packaged in accordance with ASTM-D-3951-18, Standard Practice for Commercial Packing.

MARKING AND PACKING LIST(S) – BASIC

(a) Marking. Shipments, shipping containers and palletized unit loads shall be marked in accordance with ASTMD- 3951-18 approved 1 May 2018, Standard Practice for Commercial Packing.

(b) Packing List(s). A packing list (DD Form 250 Material Inspection and Receiving Report may be used) identifying the contents of each shipment, shipping container or palletized unit load shall be provided by the Contractor with each shipment. When a contract line item identified under a single stock number includes an assortment of related items such as kit or set components, detached parts or accessories, installation hardware or material, the packing list(s) shall identify the assorted items. Where assortment of related items is included in the shipping container, a packing list identifying the contents shall be furnished.

(c) Master Packing List. In addition to the requirements in paragraph (b) above, a master packing list shall be prepared where more than one shipment, shipping container or palletized unit load comprise the contract line item being shipped. The master packing list shall be attached to the number one container and so identified.

(d) Part Identification. All items within the kit, set, installation hardware or material shall be suitably segregated and identified within the unit pack(s) or shipping container by part number and/or national stock number.

PROHIBITED PACKING MATERIALS

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hygroscopic or non-neutral material) is prohibited. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material. Loose fill polystyrene is prohibited for shipboard use.

MARKING OF REPORTS

All reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

(1) Name and business address of the Contractor

(2) Contract number

(3) Sponsor:

TBD

(Name of Individual Sponsor)

(Name of Requiring Activity)

(City and State)

Section E - Inspection and Acceptance

Receipt inspection and final acceptance to be performed as described below. The contractor’s “Delivery Ticket” or “Bill of Lading” is to be used as confirmation of delivery and condition of delivery. Acceptance of delivery is performed by PMS300 or an appointed agent. Receipt inspection primarily consists of the Government noting apparent shipping damage and/or apparent shortages.

Upon receipt, an acceptance inspection is performed and the contractor is notified of any discrepancies in a Post- Delivery Inspection Report (PDIR) typically within 30 work days (i.e., exclusive of weekends and Federal holidays) of receipt. Contractor is to document correction or plan of action for resolution of discrepancies in response to the PDIR. Final acceptance is dependent upon delivery in accordance with Section F, acceptance inspection, Post- Delivery discrepancy resolution notification (i.e., correction or acceptable plan of action).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0001AC Destination Government Destination Government 0001AD Destination Government Destination Government 0001AE Destination Government Destination Government 0001AF Destination Government Destination Government 0001AG Destination Government Destination Government 0001AH Destination Government Destination Government 0001AJ Destination Government Destination Government 0001AK Destination Government Destination Government 0001AL Destination Government Destination Government 0001AM Destination Government Destination Government 0001AN Destination Government Destination Government 0002 N/A N/A N/A N/A 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government 0002AC Destination Government Destination Government 0002AD Destination Government Destination Government 0002AE Destination Government Destination Government 0002AF Destination Government Destination Government 0002AG Destination Government Destination Government 0002AH Destination Government Destination Government 0002AJ Destination Government Destination Government 0002AK Destination Government Destination Government 0002AL Destination Government Destination Government 0002AM Destination Government Destination Government 0002AN Destination Government Destination Government 0003 N/A N/A N/A N/A

0003AA Destination Government Destination Government 0003AB Destination Government Destination Government 0003AC Destination Government Destination Government 0003AD Destination Government Destination Government 0003AE Destination Government Destination Government 0003AF Destination Government Destination Government 0003AG Destination Government Destination Government 0003AH Destination Government Destination Government 0003AJ Destination Government Destination Government 0003AK Destination Government Destination Government 0003AL Destination Government Destination Government 0003AM Destination Government Destination Government 0003AN Destination Government Destination Government 0004 N/A N/A N/A N/A 0004AA Destination Government Destination Government 0004AB Destination Government Destination Government 0004AC Destination Government Destination Government 0004AD Destination Government Destination Government 0004AE Destination Government Destination Government 0004AF Destination Government Destination Government 0004AG Destination Government Destination Government 0004AH Destination Government Destination Government 0004AJ Destination Government Destination Government 0004AK Destination Government Destination Government 0004AL Destination Government Destination Government 0004AM Destination Government Destination Government 0004AN Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

All items delivered under this contract shall be prepared for shipment with the Contractor's best commercial practice. The Contractor shall be responsible for marking the boats with the Navy hull registration number. The hull number will be provided upon request by NSWC-CCD Code 83, TBD. The Contractor shall also be responsible for the condition of all deliverables until receipt inspection and final acceptance at destination by a U.S. Government representative is completed. Hull Registry Number (HRN) cost is included in Attachment 1 Item No. 602-1.

Spares Delivery: Unless otherwise specified, all spares shall be packaged and prepared to be shipped securely with the boat. Spare parts and items not integrated into the boat shall be wrapped in protective packaging or container as boats may be stored outdoors. Packaging shall allow for spare components to not be damaged during shipping. Each package of spares shall be labeled with a Master Packing List (MPL), listing the contents of each package and cross-referenced to the Spare Parts List (Attachment 3).

Boat Delivery: The boat shall be packaged/shrink wrapped to protect the boat during delivery. Boat systems shall be protected from freezing temperatures. Batteries shall be disconnected with terminals taped. The bilge plug shall be removed and secured to the steering wheel. Packaging/shrink wrap materials shall be installed in a manner that enables removal and reinstallation to the maximum extent practicable to enable inspection at the delivery location without damage to the packaging materials. (Note: packaging should be priced with the shipping ELIN as this will only be required if the shipping is ordered).

CONTRACTOR NOTICE REGARDING LATE DELIVERY

In the event the contractor anticipates or encounters difficulty in complying with the contract delivery schedule or date, the contractor shall immediately notify, in writing, the Contracting Officer and the cognizant Contract Administration Services Office, if assigned. The notice shall give the pertinent details; however, such notice shall not constitute a waiver by the Government of any contract delivery schedule, or of any rights or remedies provided by law or under this contract.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA 330 dys. ADC 1 NAVSUPFLC CAX

TBD

WAREHOUSE 11, C STREET

WILLIAMSBURG VA 23187

N57857

0001AB 330 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0001AC 330 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0001AD 330 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0001AE 330 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0001AF 330 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0001AG 330 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0001AH 330 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0001AJ 330 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0001AK 330 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0001AL 330 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0001AM 330 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0001AN 330 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0002 N/A N/A N/A N/A

0002AA 390 dys. ADC 1 NAVSUPFLC CAX

TBD

WAREHOUSE 11, C STREET

WILLIAMSBURG VA 23187

0002AB 390 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0002AC 390 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0002AD 390 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0002AE 390 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0002AF 390 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0002AG 390 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0002AH 390 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0002AJ 390 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0002AK 390 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0002AL 390 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0002AM 390 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0002AN 390 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 N/A N/A N/A N/A

0003AA 420 dys. ADC 1 NAVSUPFLC CAX

TBD

WAREHOUSE 11, C STREET

WILLIAMSBURG VA 23187

0003AB 420 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003AC 420 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003AD 420 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003AE 420 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003AF 420 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003AG 420 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003AH 420 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003AJ 420 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003AK 420 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003AL 420 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003AM 420 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003AN 420 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 N/A N/A N/A N/A

0004AA 450 dys. ADC 1 NAVSUPFLC CAX

TBD

WAREHOUSE 11, C STREET

WILLIAMSBURG VA 23187

0004AB 450 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004AC 450 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004AD 450 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004AE 450 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004AF 450 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004AG 450 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004AH 450 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004AJ 450 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004AK 450 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004AL 450 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004AM 450 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004AN 450 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0005 330 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0006 330 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0007 330 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination JAN 1991

Section G - Contract Administration Data

GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND RESPONSIBILITIES

(a) The Government reserves the right to administratively substitute any of the points of contact listed below at any time.

(b) The contracting officer is the only person authorized to change this contract or orders issued thereunder. The Contractor shall not comply with any order, direction or request of Government personnel - that would constitute a change - unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as part of this contract. If, in the opinion of the contractor, an effort outside the existing scope of this contract is requested, the contractor shall promptly comply with the Notification of Changes clause of this contract.

(c) The points of contact are as follows:

(i) The Procuring Contracting Officer (PCO) is:

Name: Tashell Richmond

Address: Naval Surface Warfare Center, Corona Division 1999 Fourth St.

Norco, CA 92860 Phone: (951) 393-4047

E-mail: tashell.a.richmond.civ@us.navy.mil

(ii) The Contract Specialist is:

Name: Robert Soto Address: Naval Surface Warfare Center, Corona Division

1999 Fourth St.

Norco, CA 92860

Phone: (951) 393-5218 E-mail: robert.soto76.civ@us.navy.mil

(d) The Technical Point of Contact (TPOC) is the contracting officer’s representative for technical matters when a COR is not appointed. The TPOC is responsible for technical issues of contract administration, such as providing all items of Government Furnished Information (GFI), Government Furnished Material (GFM) and Government Furnished Equipment (GFE) if specified in the contract as well as the inspection and acceptance of all contract deliverables.

The Technical Point of Contact (TPOC) is:

Name: TBD Address: Naval Sea Warfare Center – Carderock Division 9500 MacArthur Blvd.

West Bethesda, MD 20817-5700 Phone: TBD E-mail: TBD

(e) The Contractor's point of contact for performance under this contract is:

Name: [ * ] Title: [ * ] Address:

[ *Street ] [ *City, State, Zip ]

Phone: (Area Code) xxx- [xxxx] E-mail: [ * ]

[ * ] To be completed at contract award

(End of Text)

HOURS OF OPERATION AND HOLIDAY SCHEDULE

(a) The policy of this activity is to schedule periods of reduced operations or shutdown during holiday periods.

Deliveries will not be accepted on Saturdays, Sundays or Holidays except as specifically requested by Naval Support Fleet Logistics Center, Cheatham Annex. All goods or services attempted to be delivered on a Saturday, Sunday or Holiday without specific instructions from the Contracting Officer or his duly appointed representative will be returned to the contractor at the contractor’s expense with no cost or liability to the U.S. Government.

(b) The federal Government observes public Holidays that have been established under 5 U.S.C. 6103. The actual date of observance for each of the holidays, for a specific calendar year, may be obtained from the OPM website at OPM.GOV or by using the following direct link:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/.

(c) Delayed Opening, Early Dismissal and Closure of Government Facilities. When a Government facility has a delayed opening, is closed or Federal employees are dismissed early (due to severe weather, security threat, security exercise, or a facility related problem) that prevents personnel from working, onsite contractor personnel regularly assigned to work at that facility shall follow the same reporting and/or departure directions given to Government personnel. The contractor shall not direct charge to the contract for such time off, but shall follow parent company policies regarding taking leave (administrative or other). Non-essential contractor personnel, who are not required to remain at or report to the facility, shall follow their parent company policy regarding whether they should go/stay home or report to another company facility. Subsequent to an early dismissal, delayed opening, or during periods of inclement weather, onsite contractors should monitor the OPM website as well as radio and television announcements before departing for work to determine if the facility is closed or operating on a delayed arrival basis.

(d) When Federal employees are excused from work due to a holiday or a special event (that is unrelated to severe weather, a security threat, or a facility…