1. RFP Rev 1.pdf

Fleetwide Dockside Repair and Ship Maintenance

REQUEST FOR PROPOSAL (RFP)

1305M223RNMAN0005 Rev 1

Office of Marine and Aviation Operations (OMAO)

(Fleetwide Dockside Repair and Ship Maintenance)

U.S. Department of Commerce (DOC)

National Oceanic and Atmospheric Administration

(NOAA)

Eastern Acquisition Division (EAD)

200 Granby Street, Suite 405

Norfolk, VA 23510

February 23, 2023

SECTION A – STANDARD FORM – 33

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 6/2014)

Previous edition is unusable Prescribed by GSA - FAR (48 CFR) 53.214(c)

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

1 45

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

1305M223RNMAN0005

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DAT E ISSUED 6. REQUISITION/PURCHASE NUMBER

NM-AN2120-22-

00444

7. ISSUED BY CODE AJ930073 8. ADDRESS OFFER TO (If other than Item 7)

NOAA/EAD

200 GRANBY STREET

NORFOLK VA 23510

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in chris.meconnahey@NOAA.GOV until 4:00PM Eastern Time 03/30/2023

(Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION CALL

A. NAME

Chris Meconnahey

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

chris.meconnahey@NOAA.GOV AREA CODE

NUMBER

364-6905

EXTENSION

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGES(S) (X) SEC. DESCRIPTION PAGE(S)

PART 1 - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 2 X I CONTRACT CLAUSES 25-34

X B SUPPLIES OR SERVICES AND PRICES/COSTS 3-4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 5 X J LIST OF ATTACHMENTS 35

X D PACKAGING AND MARKING 6 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 7 X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

36-41

X F DELIVERIES OR PERFORMANCE 8-11

X G CONTRACT ADMINISTRATION DATA 12-13 X L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 42-46

X H SPECIAL CONTRACT REQUIREMENTS 14-24 X M EVALUATION FACTORS FOR AWARD 47-51

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 90calendar days from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for

Offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT

FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXTENSION

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c) 41 U.S.C. 3304(a) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER(Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

mailto:chris.meconnahey@NOAA.GOV

SECTION B

SCHEDULE OF SUPPLIES/SERVICES

1. This acquisition will be competed as a 100% small business set-aside utilizing Federal Acquisition

Regulation (FAR) Part 12, Acquisition of Commercial Products and Commercial Services utilizing the procedures in FAR Part 15, Contracting by Negotiation.

2. The contractor shall perform all work in accordance with the specification titled “Fleetwide Dockside

Repair and Ship Maintenance Specification” (Attachment J.1).

3. This solicitation is a RFP. See Sections L and M, respectively, for instructions regarding submission of offers and the evaluation factors for award.

4. This acquisition is being solicited as a small business set-aside. The applicable NAICS code is

336611, which has a corresponding size standard of 1,250 employees.

5. FAR, Commerce Acquisition Regulations (CAR), the NOAA, Acquisition and Grants Office (AGO), EAD provisions and clauses that are included in this solicitation are annotated by the applicable acronym.

6. In accordance with CAR 1352.216-75, Minimum and Maximum Contract Amounts, during the term of the contract, the Government shall place orders totaling a minimum of $2,500.00. The amount of all orders shall not exceed $73.8 Million. This maximum value will be shared by all contracts. This RFP will result in multiple awards for multiple regions. The guaranteed minimum of $2,500 applies to the 5-year ordering period, not each ordering period. The minimum guarantee will be obligated at the time of award.

7. The Price portion shall be completed using the provided Job Descriptions (Attachment J.2) and

Schedule of Prices excel spreadsheet (Attachment J.3). Pricing rates shall reflect actual prices without the use of rounding or weighting and the submission of the Schedule of Prices shall not be locked.

8. Multiple Award Indefinite Delivery/Indefinite Quantity contracts based on regions with firm fixed-price task orders are anticipated.

Item

Number

Supplies/Services QTY Unit Unit Price $ Amount $

Ordering Periods 1-5 – Date of Award to Five Years After

0001 Fleetwide Dockside Repair and Ship

Maintenance in accordance with the attached specifications, attachments, and terms and conditions contained herein.

Pricing shall be in accordance with Section B and attachment J.3

1 LOT $73,800,000.00 $73,800,000.00

END OF SECTION B

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C1. WORK SPECIFICATIONS

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Work Specifications referenced as an attachment in Part III – List of Documents, Exhibits, and Other Attachments, Section J, List of Attachments.

Specifics for each availability shall be delineated at the Order level.

END OF SECTION C

SECTION D

PACKAGING AND MARKING

There are no clauses for this section.

END OF SECTION D

SECTION E

INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

E.2 FAR 52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)

E.3 FAR 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

E.4 CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be on board the specified NOAA Ship within a task order.

(End of clause)

END OF SECTION E

SECTION F

DELIVERIES OR PERFORMANCE

F.1 FAR 52.242-15 STOP-WORK ORDER (AUG 1989)

F.2 FAR 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

F.3 FAR 52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $

TBD at task order level depending on the NOAA Ship per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the

Default-Fixed-Price Supply and Service clause in this contract.

F.4 CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The base period of performance of this contract is 5 years (60 months) from the date of award.

(b) The ordering periods are as follows:

Period Start date End date

Ordering Period 1 TBD TBD

Ordering Period 2 TBD TBD

Ordering Period 3 TBD TBD

Ordering Period 4 TBD TBD

Ordering Period 5 TBD TBD

F.5 NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES

Following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:

Item Description Qty Due Date Deliver To Reference

1 Insurance Certificate 1 Within 5 days of award

Contracting

Officer

CAR clause 1352.271-79 and

CAR clause 1352.271-90

2 Specification Deliverables

(TBD at the Task Order

Level)

TBD TBD TBD TBD

3 Sexual Assault And Sexual

Harassment Prevention And

Response Training

See

Reference See Reference Contract Specialist NAM Contract Language 1330-

52.222-70

F.6 NAM 1330-52.237-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT

PREVENTION AND RESPONSE POLICY (MAY 2018)

In accordance with NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual

Harassment Prevention and Response Policy, it is the policy of NOAA to maintain a work environment free from sexual assault and sexual harassment. NOAA prohibits sexual assault and sexual harassment by or of any employee, supervisor, manager, contractor, vendor, affiliate, or other individual with whom

NOAA employees come into contact by the virtue of their work for NOAA.

(a) Definitions.

Contractor Employees - The term “contractor employees,” as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members.

Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the U.S. Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim.

Sexual Harassment - As defined by the Equal Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true:

Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment;

Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;

The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient’s sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put-downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures.

(b) Requirements.

It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract. In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment.

The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor.

If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the COR, subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6.07, Reporting from Remote

Locations.

Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants’ needs are addressed.

The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor’s written policy (where applicable).

The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within business days [30 unless a different number is inserted] of contract award or the date a contractor employee is assigned to perform under the contract, as applicable

Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or contracting officer (if no COR assigned) within 10 business days of completion.

Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or contracting officer (if no COR assigned) no later than March 1st of each calendar year of contract performance.

The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA’s Workplace Violence Program Manager. A link to the website including the required elements of the training is provided at https://www.noaa.gov/organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial. The website will also provide training materials and resources to assist the contractor in conducting the training. The contractor may provide training that solely addresses the

NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed.

The required elements of the training and resources available to the contractor for the training may be updated by NOAA periodically. The contractor is responsible for monitoring the website and incorporating any changes to the NOAA required elements into the contractor provided training.

NOAA’s Workplace Violence Program Manager, COR, or CO may periodically review the contractor’s training outline to ensure all required elements are included and, if necessary, any appropriate adjustments are made to the training by the contractor.

Contractor employees performing on assignments in a remote location, such as at a field camp or other isolated locations, are subject to receiving the same briefing on the parameters of the order provided to

NOAA employees as set forth in Section 6 of NAO 202-1106.

The contractor shall provide a copy of this solicitation and contract language and NAO 202-1106 to contractor employees.

(c) Sexual Assault/Sexual Harassment (SASH) Helpline.

For NOAA employees, affiliates, and contractors who have experienced sexual assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This helpline is designed to provide crisis intervention, referrals, and emotional support to those who are victims and/or survivors of sexual harassment or sexual assault within the workplace. Contractor employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of sexual harassment or assault by a Federal Government employee.

All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week. The

NOAA SASH helpline is accessible through a variety of channels, including:

Phone: 1-866-288-6558

Website & Online Chat: https://www.noaasashhelpline.org/

Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores)

Text: (202) 335-0265

(d) Confidentiality.

Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information confidential. “Confidentiality” means that the information shall only be shared with others who have a need to know the information to conduct their official duties.

(e) Remedies.

In addition to other remedies available to the Government, contractor employee violations of Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in:

Requiring the contractor to remove a contractor employee or employees from the performance of the contract;

Requiring the contractor to terminate a subcontract;

Suspension of contract payments until the Contractor has taken appropriate remedial action;

Termination of the contract for default or cause, in accordance with the termination clause of this contract;

Suspension or debarment; or

Other appropriate action.

END OF SECTION F

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.2 CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR)(APR 2010)

(a) TBD will be designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

TBD

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting

Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

G.3. CAR 1352.216.76 PLACEMENT OF ORDERS (APR 2010)

(a) The contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price or estimated cost or fee;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Method of payment and payment office, if not specified in the contract;

(9) Any other pertinent information.

(b) In accordance with FAR 52.216–18, Ordering, the following individuals (or activities) are authorized to place orders against this contract:

Warranted Contracting Officer, Department of Commerce

National Oceanic and Atmospheric Administration

Eastern Acquisition Division.

200 Granby Street, Suite 815

Norfolk, VA 23510

(End of Clause)

G.4 CAR 1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)

There is no Government Furnished Property associated with this Fleetwide Dockside Repair and

Ship Maintenance IDIQ. However such Government Furnished Property may be specified within a specific task order depending on the NOAA Ship and type of repairs.

END OF SECTION G

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 DEPARTMENT OF COMMERCE (DOC) ACQUISITION REGULATION (CAR) 1352.102

INCORPORATING PROVISIONS AND CLAUSES

As stated in the FAR, provisions and clauses should be incorporated by reference in solicitations and contracts to the maximum practical extent, rather than being incorporated in full text. Incorporation by reference is the listing only by title, regulatory citation, and date of the provision or clause. The full text of the referenced solicitation provision or contract clause is contained in the Code of Federal Regulations

(CFR). FAR provisions and clauses are located at 48 CFR chapter 1 and CAM provisions and clauses are located at 48 CFR chapter 13.

H.2 CAR 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

H.3 CAR 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

H.4 CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

H.5 CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

H.6 CAR 1352.216-74 TASK ORDERS (APR 2010)

a) In task order contracts, all work shall be initiated only by issuance of fully executed task orders issued by the Contracting Officer. The Government intends to issue multiple award IDIQ contracts by region as detailed in Attachment J.6. The work to be performed under these orders must be within the scope of the contract. The Government is only liable for labor hours and costs expended under the terms and conditions of this contract to the extent that a fully executed task order has been issued and covers the required work and costs. Charges for any work not authorized shall be disallowed.

(b) If multiple awards are made by the Government, the CO shall provide each awardee a fair opportunity to be considered for each task order, within the specified region for the task order requirement exceeding the micro-purchase threshold unless one of the exceptions at FAR 16.505(b) applies.

(c) Once a dockside requirement has been identified for a specific region, the Contracting Office shall send a request for proposal to the contractor(s) for which that specific region was awarded. The request will contain a detailed description of the tasks to be achieved, a schedule for completion of the task order, and deliverables to be provided by the contractor. Should the Contracting Officer deem it necessary, or to gain more competition, the Government may solicit responses from one or multiple regions. If multiple regions are solicited, it would not change the location for the dockside requirement.

(d) The contractor shall submit a proposal in accordance with requirements defined in the request for proposal.

(e) After any necessary negotiations, the contractor shall submit a final proposal.

(f) Task orders will be considered fully executed upon signature of the Contracting Officer. The contractor shall begin work on the task order in accordance with the effective date of the order.

(g) The contractor shall notify the Contracting Officer of any instructions or guidance given that may impact the cost, schedule or deliverables of the task order. A formal modification or notice to proceed to the task order must be issued by the Contracting Officer before any changes can be made.

(h) Task orders may be placed during the period of performance of the contract. Labor rates applicable to hours expended in performance of an order will be the contract rates that are in effect at the time the task order is issued.

(i) The nature of the dockside repair work specified within the multiple award IDIQs is subject to bid bonds, performance, and payment bonds. The Government, under certain circumstances, has the authority to waive the bond requirements. This determination as to whether bonds will be required or whether they will be waived will be determined and specified within a task order request for proposal.

(j) Awards at the order level may be made without discussions at the Contracting Officer’s discretion.

(k) Additional clauses may be required at the order level that are specific to the task order

H.7 CAR 1352.228-77 CONTRACTOR ASSURANCE OF SUBCONTRACTOR PAYMENTS (MAY

2015)

H.8 CAR 1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST TO DEPARTMENTAL

RESOURCES (APR 2010)

H.9 CAR 1352.271-70 INSPECTION AND MANNER OF DOING WORK (APR 2010)

H.10 CAR 1352.271-75 DELIVERY AND SHIFTING OF THE VESSEL (APR 2010)

H.11 CAR 1352.271-71 METHOD OF PAYMENT AND INVOICING INSTRUCTIONS FOR SHIP

REPAIR (APR 2010)

(a) The Government will make payment under this contract based on a percentage of completion. The contractor may invoice for the percentage completed for each work item as work progresses. The amount invoiced shall be calculated based on prices stated in the Schedule, as follows: A work item may not be invoiced until the percentage complete reaches 25 percent.

Future invoices for that work item have no limitation as to the percentage of completion required before invoicing, but in no event may invoices be submitted more frequently than every 2 weeks, or for amounts less than $10,000, unless it is the final payment. The minimum percentage of completion (25%) to be reached prior to billing each work item may be waived by the

Contracting Officer for large dollar work items on a case-by-case basis.

(b) Invoices submitted by the contractor which are deemed not proper, in accordance with FAR

52.232-25, will be returned. Invoices shall include:

(1) Name and Address of the contractor;

(2) DUNS Number;

(3) Invoice Date;

(4) Contract Number/Modification Number;

(5) CLIN/Work Item Number, to include: Description, Quantity, Unit of Measure, Unit

Price and Extended Price;

(6) Shipping and Payment Terms; and,

(7) Contractor Point of Contact, including:

Name, Title, Phone Number, and Mailing Address;

(8) The percentage of completion for each CLIN/work item identified;

(9) Name of the Contracting Officer ;

(10) Ship name;

(11) The overall percentage and dollar amount previously billed, currently billed and unbilled.

(c) When invoicing for changed work, the contractor shall identify it as a contract change and shall identify the modification authorizing the change, and the CLIN/Work Item associated with the change.

(d) All items of work invoiced under this contract will be verified and confirmed by the

Contracting Officer's Representative as accurate and complete and approved by the designated billing office before payment will be made.

(e) Invoices may be submitted electronically to the COR at TBD or by mail to the following address:

A copy of all invoices shall be sent by electronic mail AND a hard copy (by mail) to the contract administration office as follows:

Payment will be made by the Department of Commerce/NOAA Finance Systems Admin

Branch/Rm. 1204, 20020 Century Blvd., Germantown, MD 20874.

(f) The contractor's final invoice submitted under the contract must be marked as follows: “THIS

INVOICE CONSTITUTES THE FINAL INVOICE - UPON PAYMENT OF THIS INVOICE

NO OTHER MONIES ARE DUE UNDER CONTRACT NUMBER TBD."

Note: Electronic submission of invoices and associated documentation via e-mail and/or fax is authorized and encouraged.

H.12 CAR 1352.271-72 ADDITIONAL ITEM REQUIREMENTS (AIR) - GROWTH WORK

(APR 2010)

(a) This clause applies to Additional Item Requirements (AIR), also known as growth and emergent work ordered by the Contracting Officer pursuant to the Changes - Ship Repair clause or mutually agreed upon by the parties. The contractor shall perform AIR at the labor billing rates designated in the Schedule, as described in paragraph (c) of this clause. The AIR handling fee designated in the Schedule shall be the sole fee used for direct material purchases and subcontractor handling. The estimated quantity of labor hours and handling fees represent the

Government's best estimate for growth that may be required throughout the contract performance period. All growth work shall be paid at the prices stated in the Schedule.

(b) The contractor shall take into account the potential for ordering all estimated AIR quantities in developing the Production Schedule. The ordering of any portion of the AIR quantities does not in itself warrant an extension to the original contract completion date; however, for planning purposes, the Government anticipates ordering AIR in accordance with the following schedule:

(1) No more than 75% of the hours during the first half of the contract period of performance.

(2) No more than 50% of the hours during the third quarter of the contract period of performance.

(3) No more than 30% of the hours during the fourth quarter of the contract period of performance.

(c) The AIR labor rate shall be a flat, hourly rate to cover the entire effort and shall be burdened to include:

(1) Direct production labor hour functions only. Direct production labor hours are hours of skilled labor at the journeyman level expended in direct production. Direct production is defined as work performed by a qualified craftsman that is directly related to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. The following functions are identified as direct production:

Abrasive Cleaning/Water Blasting, Tank Cleaning, Welding, Burning, Brazing, Blacksmithing, Machining (inside and outside), Carpentry, Electrical/Electronic Work, Crane Operation, Shipfitting, Lagging/Insulating, Painting, Boilermaking, Pipe Fitting, Engineering (Production), Sheet Metal Work, Staging/Scaffolding, and Rigging.

(2) Non-production labor hours (whether charged directly or indirectly by contractor's accounting system) shall be for labor in support of production functions. For purposes of this clause, support functions are defined as functions that do not directly contribute to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. Necessary support functions should be priced into the burdened rate for production labor hours. Examples of support functions include:

Testing, Quality Assurance (inspection), Engineering (support), Planning (including involvement of craft foreman/journeyman in planning a task), Estimating (including determination of necessary materials and equipment needed to perform a task), Material

Handling, Set-up (moving tools and equipment from shop to ship to perform a task), Fire

Watch, General Labor (including general support of journeyman tasks), Cleaning

(including debris pickup and removal), Surveying, Security, Transportation, Supervision, and Lofting (sail/pattern making).

(d) Additional Item Requirements do not include replacement work performed pursuant to the

Inspection and Manner of Doing Work or Guarantees clauses.

(e) It is the Government's intention to award any growth work identified during the repair to the contractor, if a fair and reasonable price can be negotiated for such work, based upon Schedule rates. If a fair and reasonable price cannot be negotiated, the Government may, at its discretion, obtain services outside of the contract. Such services may be performed while the ship is undergoing repair in the contractor's facility pursuant to the Access to Vessels clause.

(f) The contractor shall submit to the Contracting Officer the following information in all AIR proposals:

(1) Number of labor hours estimated; broken down by specific direct production labor category.

(2) Material estimates, individually broken out and priced. When requested by the

Contracting Officer, material quotes shall be provided.

(3) Subcontractor estimates, individually broken out and priced along with the actual subcontractor quotes. The requirement to submit subcontractor quotes may be waived if deemed appropriate by the Contracting Officer.

(4) Material/subcontractor handling fee and the basis for the fee.

(g) The contractor shall not be entitled to payment for any hours ordered pursuant to this clause until such time as a written contract modification is executed.

H.13 CAR 1352.271-73 SCHEDULE OF WORK (APR 2010)

(a) Notwithstanding other requirements specified in this contract, the contractor shall provide to the Contracting Officer and COR the following documents within five (5) working days of start of the task orders period of performance:

(1) Production Schedule

(2) Work Package Network

(3) Total Manpower Loading Curve

(4) Trade Manning Curves

(5) Subcontracting List

(b) The Production Schedule shall list the earliest, latest, and scheduled start and completion date for each work item awarded and shall identify the critical path. The Work Package Network shall show the work items, milestones, key events, and activities and shall clearly identify the critical path. The Total Manpower Loading Curve shall show the required manning for the duration of the contract. The Trade Manning Curves shall show the required manning for each trade for the duration of the contract. The Subcontracting List shall show work items, milestones, key events, and activities to be accomplished by subcontractors.

(c) Additional Item Requirements ordered and agreed upon, whether or not yet formalized via a change order (contract modification), shall be added to the Production Schedule, Trade Manning

Curves, and Subcontracting List and submitted to the Contracting Officer and COR at each weekly Progress Meeting. Any anticipated or unanticipated deviation (greater than five (5) calendar days) from the Production Schedule shall be immediately brought to the attention of the

Contracting Officer and COR.

(d) Any unauthorized deviation in the Production Schedule which results in a delay in the completion of work on a vessel past the established performance period completion date may entitle the Government to remedies for late performance, including, but not limited to, liquidated damages.

H.14 CAR 1352.271-76 PERFORMANCE (APR 2010)

(a) The contractor shall not commence work until a notice to proceed has been issued by the

Contracting Officer.

(b) The Government shall deliver the vessel described in the contract at such time and location as may be specified in the contract. Upon completion of the work, the Government shall accept delivery of the vessel at such time and location as may be specified in the contract.

(c) Without additional charge to the Government, and without specific requirement in the contract, the contractor shall:

(1) Make available, at the facility, to personnel of the vessel while in drydock or on a marine railway, sanitary facilities adequate for the number of personnel using them and acceptable to the Contracting Officer;

(2) Supply and maintain, in such condition as the Contracting Officer may reasonably require, suitable brows and gangways from the pier, drydock or marine railway to the vessel;

(3) Perform, or pay the cost of, any repair, reconditioning or replacement made necessary as the result of the use by the contractor of any of the vessel's machinery, equipment or fittings, including, but not limited to, winches, pumps, riggings, or pipe lines; and

(4) Furnish suitable offices, office equipment and telephones at or near the site of the work as the Contracting Officer reasonably requires for personnel designated by the

Government.

(d) Except as otherwise provided in the contract, the contractor shall furnish all necessary material, labor, supervision, services, equipment, tools, supplies, power, accessories, facilities, and other things and services necessary for accomplishing the work.

(e) The contractor shall conduct dock and sea trials of the vessel as required by the contract.

Unless otherwise expressly provided in the contract, during the conduct of these trials the vessel shall be under the control of the vessel's commander and crew with representatives of the contractor and the Government on board to determine whether the work provided by the contractor has been satisfactorily performed. Dock and sea trials not specified which the contractor requires for its own benefit shall not be undertaken by the contractor without prior notice to and approval of the Contracting Officer; any such dock or sea trial shall be conducted at the risk and expense of the contractor. The contractor shall provide and install all fittings and appliances which may be necessary for the dock and sea trials to enable the representatives of the

Government to determine whether the requirements of the contract plans and specifications have been met. The contractor shall also be responsible for the care, installation and removal of any instruments and apparatus furnished by the Government for such trials.

H.15 CAR 1352.271-77 DELAYS (APR 2010)

H.16 CAR 1352.271-78 MINIMIZATION OF DELAY DUE TO GOVERNMENT FURNISHED

PROPERTY (APR 2010)

H.17 CAR 1352.271-79 LIABILITY AND INSURANCE (APR 2010)

H.18 CAR 1352.271-80 TITLE (APR 2010)

H.19 CAR 1352.271-81 DISCHARGE OF LIENS (APR 2010)

H.20 CAR 1352.271-82 DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND

HEALTH STANDARDS FOR SHIP REPAIR (APR 2010)

H.21 CAR 1352.271-83 GOVERNMENT REVIEW, COMMENT, ACCEPTANCE AND APPROVAL

H.22 CAR 1352.271-84 ACCESS TO THE VESSEL (APR 2010)

H.23 CAR 1352.271-85 DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT

H.24 CAR 1352.271-87 CHANGES – SHIP REPAIR (APR 2010)

H.25 CAR 1352.271-88 GUARANTEES (APR 2010)

(a) In the event any work performed or materials furnished by the contractor under this contract prove defective or deficient within 90 days from the date of redelivery of the vessel, the contractor, as directed by the Contracting Officer and at its own expense, shall correct and repair the deficiency to the satisfaction of the Contracting Officer.

(b) The Government shall be entitled to rely upon any guarantee secured by the contractor or any sub-contractor covering work done or materials furnished which exceeds the 90-day period until its expiration.

(c) With respect to any individual work item identified and listed as incomplete at the redelivery of the vessel, the guarantee period shall run from the date of completion of such item.

(d) If and when practicable, the Government shall afford the contractor an opportunity to effect such corrections and repairs.

(1) If the Contracting Officer determines it is impracticable or is otherwise not advisable to return the vessel to the contractor, or the contractor fails to proceed promptly with any such repairs as directed by the Contracting Officer, the Contracting Officer may direct that the repairs be performed elsewhere, at the contractor's expense.

(2) Where corrections and repairs are to be made by other than the contractor due to nonreturn of the vessel to the contractor, the contractor's liability may be discharged by an equitable deduction in the price of the contract.

(e) The contractor's liability shall only extend for an additional 90-day guarantee period on those defects or deficiencies which it corrected. However, this clause does not limit the responsibility or relieve the liability of the contractor under the Liability and Insurance clause.

(f) At the Contracting Officer's option, defects and deficiencies may be left in their uncorrected condition. In that event, the contractor and the Contracting Officer shall agree on an equitable deduction in the contract price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of this contract.

(g) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract. If a defect or deficiency that exists at the time of redelivery of the vessel was not discovered by a reasonable inspection and is discovered after the expiration of the time frame stated in this clause, it is not subject to the time limitations stated in this clause.

H. 26 CAR 1352.271-89 TEMPORARY SERVICES (APR 2010)

H. 27 CAR 1352.271-90 INSURANCE REQUIREMENTS (APR 2010)

(a) The contractor shall procure and thereafter maintain the following insurance:

(1) Ship contractor's legal liability insurance to insure the risks described in paragraph (b) of clause 1352.271-79. This insurance shall be for $1,000,000.00.

(2) Comprehensive general liability insurance and automobile insurance to insure the risks described in paragraph (c) of clause 1352.271-79. This insurance shall be for

$1,000,000.00 on account of any one accident or occurrence with respect to each vessel, boat, and/or barge upon which work is performed. The contractor shall cause the

Government to be named as an additional insured under any and all liability insurance policies.

(3) Full coverage in accordance with the State Worker's Compensation law; and

(4) Full coverage in accordance with the United States Longshoremen's and Harbor

Worker's Act.

(b) As evidence that it has obtained the insurance specified in paragraph (a) of this clause, the contractor shall furnish the Contracting Officer with a certificate or certificates executed by an agent of the insurer authorized to execute such certificates. Such certificates shall be furnished prior to commencement of the work. Each certificate shall state that (name of insurer) has insured

(name of contractor) awarded contract number (to be provided at the time of award) for repair/alteration of NOAA SHIP TBD in accordance with the Liability and Insurance clause and the Insurance Requirements clause contained herein. Each certificate shall set forth that each policy of insurance represented thereby will expire on (date) and that each such policy contains the following clause:

"It is agreed that in the event of cancellation or any material change in the policy adversely affecting the interest of the Government in this insurance, 30 days prior written notice will be given to the Contracting Officer."

H. 28 NAM 1330-52.237-70 CONTRACTOR COMMUNICATIONS

(a) A contractor employee shall be identified both by the individual’s name and the contractor’s name when:

Included in NOAA’s locator, and

When submitting any type of electronic correspondence to any NOAA employee or stakeholder.

(b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number.

(c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting.

H. 29 NAM 1330-52.237-71 NOAA GOVERNMENT-CONTRACTOR RELATIONS – NON-

PERSONAL SERVICES

(a) The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services as defined in FAR Part 37, Service Contracting, and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties an understanding of their respective obligations.

(b) Contractor personnel under this contract shall not:

Be placed in a position where they are under relatively continuous supervision and control of a

Government employee.

Be placed in a position of command, supervision, administration, or control over Government personnel or over personnel of other contractors performing under other NOAA contracts.

(c) The services to be performed under this contract do not require the contractor or the contractor’s personnel to exercise personal judgment and discretion on behalf of the Government. Rather, the contractor’s personnel will act and exercise personal judgment and discretion on behalf of the contractor.

(d) Rules, regulations, directives, and requirements that are issued by the Department of Commerce and

NOAA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation and facilities, who are provided access to Government systems, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(e) Both parties are responsible for monitoring contract activities for indications of improper employee-employer relationships during performance. In the event a situation or occurrence takes place inconsistent with this contract language, the following applies:

The contractor shall notify the contracting officer in writing within 5 business days from the date of any situation or occurrence where the contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance.

The contracting officer will review the information provided by the contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of the notification from the contractor. The contracting officer’s response will provide a decision on whether the contracting officer determines the situation or occurrence to be inconsistent with the intent of this contract language and, if deemed necessary, will specify any corrective action(s) to be taken in order to resolve the issue

H. 30 NAM 1330-52.237-72 CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017)

(a)

The performance of this contract requires employees of the prime contractor or its subcontractors, affiliates, consultants, or team members (“contractor employees”) to have access to and to the extent authorized, mobility within, a NOAA facility.

NOAA may close and or otherwise deny contractor employees access to a NOAA facility for a portion of a business day or longer for various reasons including, but not limited, to the following events:

Federal public holidays for Federal employees in accordance with 5 U.S.C. 6103;

Fires, floods, earthquakes, and unusually severe weather, including but not limited to snow storms, tornadoes, and hurricanes;

Occupational safety or health hazards;

Lapse in Appropriations; or

Federal Statute, Executive Order, Presidential Proclamation, or any other unforeseen reason.

In such events, the contractor employees may be denied access to a NOAA facility that is ordinarily available for the contractor to perform work or make delivery, as required by the contract.

(b) In all instances where contractors are denied access or required to vacate a NOAA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, either directly or through the COR, which could include continuing on-site performance during the NOAA facility closure period; however, if Government oversight is required and is not available, on-site performance shall not be allowed. In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts, for example, performing required work off- site if possible or reassigning personnel to other activities if appropriate.

(c) The contractor shall be responsible for monitoring the Office of Personnel Management at opm.gov, the local radio, television stations, NOAA web sites, and other communication channels. Once the facility is accessible, the contractor shall resume contract performance as required by the contract.

(d) For the period that NOAA facilities were not accessible to contractors who required access in order to perform the services, the contracting officer may—

Adjust the contract performance or delivery schedule for a period equivalent to the period the NOAA facility was not accessible;

Forego the work; or

Reschedule the work by mutual agreement of the parties.

(e) Notification procedures of a NOAA…