A5_Statement of Work - International Paint (Brands).docx

Statement of Work (SOW) for International Paint (Brands) at The Naval Foundry & Propeller Center

1.0 INTRODUCTION

1.0.1 The Naval Surface Warfare Center Philadelphia Division (NSWCPD) is a Department of Defense entity responsible for research and development, test and evaluation, engineering and fleet support organization for the Navy’s ships, submarines, military watercraft and unmanned vehicles. This requirement is for Naval Foundry and Propeller Center (NFPC) who is responsible for the design, manufacture, and repair propellers for the US Navy.

1.0.2 This contract is for non-personal services. It does not create employment rights with the U.S. Government whether actual, inherent, or implied.

1.0.3 Government / Contractor Relationship

(a) The services to be delivered under this contract are non-personal services 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. Therefore, it is in the best interest of the Government to provide both parties a full understanding of their respective obligations.

(b) The Contractor employees shall identify themselves as Contractor personnel by introducing themselves or being introduced as Contractor personnel and displaying distinguishable badges or other visible identification for meetings with Government personnel. In addition, Contractor personnel shall appropriately identify themselves as Contractor employees in telephone conversations and in formal and informal written correspondence

(c) Contractor personnel under this contract shall not engage in any of the inherently Governmental functions listed at FAR Subpart 7.5 or DFARS Subpart 207.5.

(d) Employee Relationship:

(e) Inapplicability of Employee Benefits: This contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.

(f) Notice. It is the Contractor's, as well as the Government's, responsibility to monitor contract activities and notify the Contracting Officer if the Contractor believes that the intent of this Section has been or may be violated.

1) The Contractor should notify the Contracting Officer in writing within three (3) calendar days from the date of any incident that the Contractor considers to constitute a violation of this Section. The notice should include the date, nature, and circumstances of the conduct; the name, function, and activity of each Government employee or Contractor official or employee involved or knowledgeable about such conduct; identify any documents or substance of any oral communication involved in the conduct; and the estimate in time by which the Government must respond to this notice to minimize cost, delay, or disruption of performance.

2) The Contracting Officer will, within five (5) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer will either:

0. BACKGROUND

NFPC requires the application of specialized paints and coatings to all finished machined components prior to shipment. The procurement is for three (3) International Paint (brands) specific specialized marine-grade epoxy-polyamide paint extensively tested and approved by the Naval Research Laboratory.

1.2 SCOPE OF WORK

The vendor shall deliver the following specialized paints and associated painting thinners in the quantities described in section 3.0 of the scope of work. No replacements or substitutions are acceptable.

2.0 APPLICABLE DOCUMENTS

Map of Direction to Lot 753 (See paragraph 5.0 Security Requirements for more information).

3.0 REQUIREMENTS

3.1. The contractor will provide, as requested, the following paints & coatings for various departments located in the Philadelphia Naval Foundry. All deliveries will enter one access point and will be delivered to one (1) location at NFPC. The vendor shall make deliveries between 06:30 AM – 2:00 PM Monday through Friday. SEE SECTION 6.1

3.2. The contractor will be responsible for delivering International Paint (paints & coatings) and the Government shall procure actual quantities under a Firm-Fixed-Price (FFP) Indefinite-Delivery Indefinite-Quantity (IDIQ) utilizing Delivery Orders (D.O.). The contractor is also responsible to deliver the required paint brands within two (2) week after placement of the D.O. *Contract must provide CERTS with delivery.

3.2.1 The contractor shall provide copies of Certificate of Compliance that indicate all International Paints provided conform to the requirement of MIL-PRF-2467E (dated 4/9/2013 as detailed in Section 4,0, Data Requirements, Certificate of Compliance CDRL A001.

(Sold in Multiples of 5)

BRA641 Blue, MIL-PRF-24647E, Type II, Class 3, Grade A Application 2 or Type II, Class 1 Grade A, Application 2 and 3

25 Gallons

(Sold in Multiples of 5)

BRA640 Red, MIL-PRF-24647E, Type II, Class 3, Grade A, Application 2 or Type II, Class 1 Grade A, Application 2 and 3 25 Gallons

(Sold in Multiples of 5)

BRA641 Blue, MIL-PRF-24647E, Type II, Class 3, Grade A Application 2 or Type II, Class 1 Grade A, Application 2 and 3

25 Gallons

BRA642 Black, MIL-PRF-24647E, Type II, Class 3, Grade A, Application 2 or Type II, Class 1 Grade A, Application 2 and 3 25 Gallons

BRA640 Red, MIL-PRF-24647E, Type II, Class 3, Grade A, Application 2 or Type II, Class 1 Grade A, Application 2 and 3 25 Gallons

(Sold in Multiples of 5)

BRA641 Blue, MIL-PRF-24647E, Type II, Class 3, Grade A Application 2 or Type II, Class 1 Grade A, Application 2 and 3

25 Gallons

BRA642 Black, MIL-PRF-24647E, Type II, Class 3, Grade A, Application 2 or Type II, Class 1 Grade A, Application 2 and 3 25 Gallons

BRA640 Red, MIL-PRF-24647E, Type II, Class 3, Grade A, Application 2 or Type II, Class 1 Grade A, Application 2 and 3 25 Gallons

(Sold in Multiples of 5)

BRA641 Blue, MIL-PRF-24647E, Type II, Class 3, Grade A Application 2 or Type II, Class 1 Grade A, Application 2 and 3

25 Gallons

BRA642 Black, MIL-PRF-24647E, Type II, Class 3, Grade A, Application 2 or Type II, Class 1 Grade A, Application 2 and 3 25 Gallons

BRA640 Red, MIL-PRF-24647E, Type II, Class 3, Grade A, Application 2 or Type II, Class 1 Grade A, Application 2 and 3 25 Gallons

(Sold in Multiples of 5)

BRA641 Blue, MIL-PRF-24647E, Type II, Class 3, Grade A Application 2 or Type II, Class 1 Grade A, Application 2 and 3

25 Gallons

BRA642 Black, MIL-PRF-24647E, Type II, Class 3, Grade A, Application 2 or Type II, Class 1 Grade A, Application 2 and 3 25 Gallons

3.3 The period of performance for this contract is five (5) years.

3.3.1 The contractor shall provide copies of Certificate of Analysis for International Paint showing test results of, at a minimum, those tests marked “X” in TABLE V (i.e. Consistency (VISCOSITY), Weight per unit volume, Dry Time, Flash Point, Sag Resistance, Color, and Condition of container) under the “Conformance” Column of applicable MIL-PRF-24647E (dated 4/9/2013) and MIL-PRF-23236D (dated 9/15/2009) or MIL-DTL-24441 (dated 8/27/2009) for EACH batch of paint as detailed in Section 4.0, Data Requirements, Certificate of Analysis CDRL A002.

3.4 The contractor shall ensure Paint & Coating grade, purity and size be equal to requested items with no substitutions. Pails must be free of defects and have a current certification under f - Specifications for Paints & Coatings. Contractor shall clearly label their pails to positively identify the Paints & Coatings within the contents of each pail. The SDS for the contents of each Pint & Coating, must be provided with the pails upon request.

3.4.1 Paints & Coatings shall be supplied in size, type and purity as listed in table. Any cylinder not meeting these requirements will be noted as “non-usable” and set aside to be picked at no charge to NFPC. The contractor shall be responsible for replacing the “non-usable” product with “usable” product and provide the replacement within one (1) week of defect identification at no additional charge to NFPC.

3.4.2 Contractor shall warrant that each supplied pail used for the transportation of hazardous material must be qualified under Department of Transportation (DOT) requirements. All such authorized packaging must be maintained, labeled and inspected as per this requirement and is subject to all periodic testing to ensure safety standards are maintained at no cost to the Government.

3.4.3 Any pails which were hydrostatically tested to meet DOD requirements must meet purity specifications as per our request when filled. Any pail which is deemed unusable upon initial use due to post shelf life date, will be removed from use and replaced at no cost to the Government. The contractor shall be responsible of providing the replacement within one (1) week of defect identification.

3.4.4 Pails will be randomly checked to confirm contents contain the proper product and amount upon delivery. Any pail which is delivered with a maximum of 10% less than the product permanently marked on the pail will be removed from use and a replaced at no additional cost to the Government. The contractor shall be responsible of providing the replacement within one (1) week of defect identification

3.4.5 Pails must be fitted with appropriate lids, covers or caps to ensure proper and safe storage of the paint or coating in the pail and allow controlled release of that product when it is needed. Covers shall be in good condition to allow easy product flow control. Lids, covers or caps must be supplied for all pails to ensure safe transportation while handling and during storage.

3.5 The contractor shall provide a POC to coordinate ordering with the Government. A Government representative shall observe the delivery and the paint & coatings and shall not assist in transporting of this product on or off the delivery truck.

3.6 The contractor shall provide NFPC on-site personnel a certificate which includes the company name, date of delivery, contract number, type and quantity of product delivered. Certificate must be signed by the individuals (contractor and government) designated to witness the delivery and issued upon job completion to establish accountability and verify requested quantity was received.

3.7 The contractor will be required to deliver the required product at the location listed in Section 6 of the Statement of Work.

3.8. The contractor shall be ISO 9001 certified. The contractor shall include the certification with their proposal.

3.9. A minimum of eighty (80) percent of the total shelf life shall remain from respective batch date of manufacture in accordance with (IAW) Certificate of Analysis upon delivery, otherwise shipments will be returned at no additional cost to the government.

4.0 DATA REQUIREMENTS

4.1. Certificate of Compliance Report (CDRL A001)

4.1.1. The contractor shall provide copies of all required documentation as stated in Section 3.2 at time of delivery. The report shall conform to the requirements of MIL-PRF-24647E (dated 4/9/2013) and as applicable.

4.1.2. The contractor shall provide copies of all required documentation as stated in Section 3.2 at time of delivery. The report shall conform to MIL-PRF-23236D (dated 9/15/2009) or MILDTL- 24441 (dated 8/27/2009) as applicable.

4.2. Certificate of Analysis Report (CDRL A002)

4.2.1. The contractor shall provide copies of all required documentation as stated in Section 3.3 at time of delivery for EACH patch of paint.

4.2.2. The contractor shall provide copies of all required documentation as stated in Section 3.3 at time of delivery. The report shall conform to MIL-PRF-23236D (dated 9/15/2009) or MILDTL-24441 (dated 8/27/2009) as applicable.

5.0 SECURITY REQUIREMENTS

5.1. The contractor shall be escorted onto the site, observed while they perform the work, and escorted off the site.

5.2. Escorted visit. Escorted visits are required for any person who is not assigned to NNSY/NFPC and/or does not have a valid security clearance. Visitors will be escorted at all times by an NFPC employee and no exposure to any classified open storage areas or material. Requests for escorted access must be submitted 5 working days prior to arrival. If it is service or maintenance that needs to be done or an emergency the request needs to be submitted immediately in order to allow for ample time for proper vetting of individual/individuals requesting access.

The requesting NFPC code/shop will coordinate the visit and security code 1123 will verify two forms of Government issued identification. The responsible code shall provide escort during the contractor’s visit.

Acceptable documents include:

· US Birth Certificate (original)

· US Voters registration

· US Passport

· (Homeland security), Transportation Workers Identification Credential (TWIC)

· Naturalization paperwork

· Driver’s License

· Social Security Card

Installation Access for Visitors/Contractors

All visitors/contractors having a valid purpose for access shall submit a completed and signed Form 5512/1 to their identified Government sponsor 14 working days prior to the date of their required visit.

The entire document shall be completed, and form dated/signed by the visitor/contractor. Visitor/Contractor shall retain a copy of the form 5512/1 to present on the first day at the installation.

The visitor/contractor shall communicate all on-site day to day schedules and schedule changes to the NFPC base sponsor to be submitted to code 1123 in a detailed security plan.

Note: It is critical that start/end dates/work hours are identified, accurate, and short-term visitors/contractors are not granted extended or after-hours access if not required Reporting to PNY-A for the first time.

Visitor/Contractor Responsibility

Visitor/Contractor shall report to the location designated by their sponsor (Security Office or other designated location, Pass and ID office) or if operating a Commercial Vehicle requiring inspection, to the Vehicle Inspection Station.

Visitor/Contractor shall present their completed and signed 5512/1.

The Sentry or Security Assistant shall verify vetting is cleared and issue the appropriate passes. If visitor/contractor has not completed the 5512/1 their access will be delayed until they correct the form.

Code 1123 will review request and when acceptable notify requesting NFPC code/shop to arrange visit.

5.3. Contractor Vehicle Parking: (OPNAV 5530.14E) All contractor commercial vehicles must be visually inspected at Lot 753 prior to entry into any NFPC buildings and are subject to random inspections anywhere on the compound. Vehicles must clearly display an authorized company sign or logo including a company phone number. Vehicles must only be allowed in the compound for transportation of contractors' tools, parts, and materials to and from the work site with the exception of MILCON scope projects. Vehicles must be registered to the company and not to an individual. Parking of POV's is available at Lot 753, which is approximately one mile from the work site. Contractor shall ensure that their vehicles, including delivery trucks, have valid and current vehicle registration and insurance upon arrival to NFPC. Non-valid and outdated or missing vehicle registration and insurance shall result in denied facility access requiring the Contractor to reschedule delivery Immediately at the contractor’s expense. Delivery drivers must present two forms of Government issued identification.

5.4. PEDs (Portable Electronic Devices) are not allowed in areas where work is being performed.

Should the Contractor require a laptop, tablet or other similar device on-site to fulfill the Scope of Work, the Contractor must complete an asset authorization form for each device and submit the devices to code 109 for inspection and approval prior to site access. The laptops cannot have camera capabilities. Procedures regarding laptop access are subject to change.

PEDs (Portable Electronic Devices) are PROHIBITED:

In Restricted Areas (Open Storage Confidential Areas, Secure Rooms, Vaults, etc.) and any location (office, trailer, shop, work area, etc.) where NAVSEA business is conducted.

PEDs are permitted in Personally Owned Vehicles parked outside of the Controlled Access Area. (General parking lots across the street.)

Cell Phones/Smart Watches/Fitness Bands/ Wireless Headsets and Speakers are permitted in outside areas of the CAA and where Naval Sea Systems Command (NAVSEA) business of a sensitive nature is NOT conducted. Cell Phones, Smart Watches, Fitness Bands or Wireless Headsets and Speakers are prohibited in the OSC Areas.

PEDs are PROHIBITED in Secure Rooms (regardless of where any of these areas are located), and in any meeting, discussion or forum where NAVSEA business of a sensitive nature is carried on.

Cellphone lockers/boxes will be placed at the entrance to facilities, or as close to the entrance as possible in order to facilitate this policy.

********CAA-Controlled Access Area is anywhere within the fence line********

5.5.0 The contractor shall adhere to the base access guidance per the following website:

https://www.cnic.navy.mil/regions/cnrma/om/contractor_verification_system/faqs.html

5.6.0 The contractor shall ensure that only contractor employees who meet the security requirements stated below perform under this contract at the Government site (e.g. delivery drivers and passengers, etc.). The contractor shall propose and maintain a list of employees whom meet these requirements and be willing to submit this list to the Government, along with the necessary documentation to prove they meet them (e.g. the results of a contractor conducted background check, etc.), for the Government’s security vetting, to include any Government background check, and approval. Once vetted and approved, a list of approved contractor employees must be maintained for the entire period of performance of the contract (i.e. propose new employees, replace existing employees or provide updates to existing employees’ records, as necessary). A minimum of two employees, primary and backup, should be cleared by the Government to perform the necessary functions under this contract (e.g. proposed drivers of a delivery vehicle) throughout the entire period of performance of the contract. Contractors must have the ability to be granted access by ensuring current documentation is available at the submission of their proposal to allow background checks for any proposed driver and passenger under the following criteria:

· Felony conviction of any type within 10 years, or felony arrest that has not been adjudicated yet (includes "deferred findings").

· Misdemeanor conviction or on-base arrest within 5 years, for any of the following types of crimes (includes "deferred findings"): Crimes of violence, sexual assault, larceny, drugs, or a habitual offender.

· On the Sex Offender Registry.

· Is barred from any Navy installation.

If a contractor’s employee is denied entry at delivery due to inaccurate or outdated personal and/or vehicle documentation, the Government is absolved of any costs accrued as a result of the denial and the contractor is still pledged to fulfill the contract requirements. Failure to fulfill the contract requirement may result in a termination for default pursuant to FAR 49.4.

5.7.0 OPERATIONS SECURITY (OPSEC)

The Contractor shall protect critical information associated with this contract to prevent unauthorized disclosure. NFPC’s Critical Information List, (CIL) will be provided on site, if warranted. Performance under this contract requires the contractor to adhere to OPSEC requirements. The Contractor may not impose OPSEC requirements on its subcontractors unless NFPC approves the OPSEC requirements. During the period of this contract, the Contractor may be exposed to, use, or produce, NFPC Critical Information (CI) and/or observables and indicators which may lead to discovery of CI. NFPC CI will not be distributed to unauthorized third parties, including foreign governments, or companies under Foreign Ownership, Control, or Influence (FOCI)) unless such FOCI has been appropriately mitigated through measures approved by the Defense Counterintelligence and Security Agency.

CUI correspondence transmitted internally on the contractor's unclassified networks or information systems, and externally, shall be protected per NIST SP-800-171, Protecting Controlled Unclassified Information (CUI) in Non-federal Systems and Organizations.

Assembled large components/systems being transported to and from testing areas, other production or government facilities (whether or not on public roadways) shall be in an enclosed van trailer or covered flatbed trailer. Component/System outside storage, staging, and test areas shall be shielded/obscured from public view wherever physically possible.

NFPC’s CI shall not be publicized in corporate wide newsletters, trade magazines, displays, intranet pages or public facing websites. Media requests related to this project shall be directed to the PCO, and the COR who will forward the required to the NFPC Public Release Authority for review.

Any attempt by unauthorized third parties to solicit, obtain, photograph, or record, or; incidents of loss/compromise of government Classified or CI, Business Sensitive, Company Proprietary information related to this or other program must be immediately reported to the contractor's Facility Security Officer and Cognizant Security Office and/or the Naval Criminal Investigative Service, and the NFPC Security Division (Code 1123). Questions concerning these requirements shall be directed to the PCO, and the COR who will forward the request to the NFPC Security Division (Code 1123).

5.8.0 RECEIPT, STORAGE, AND GENERATION OF CONTROLLED UNCLASSIFIED INFORMATION (CUI)

All Controlled Unclassified Information (CUI) associated with this contract must follow the minimum marking requirements of DoDI 5200.48, Section 3, paragraph 3.4.a, and include the acronym "CUI" in the banner and footer of the document. In accordance with DoDI 5200.48, CUI must be safeguarded to prevent Unauthorized Disclosure (UD). CUI export controlled technical information or other scientific, technical, and engineering information must be marked with an export control warning as directed in DoDI 5230.24, DoDD 5230.25, and Part 250 of Title 32, CFR. Nonfederal information systems storing and processing CUI shall be protected per NIST SP-800-171, or subsequent revisions. All transmissions to personal email accounts (AOL, Yahoo, Hotmail, Comcast, etc.) and posting on social media websites (Facebook, Instagram, Twitter, LinkedIn, etc.) are prohibited. Destroy CUI associated with this contract by any of the following approved methods: A cross-cut shredder; a certified commercial destruction vendor; a central destruction facility; incineration; chemical decomposition; pulverizing, disintegration; or methods approved for classified destruction.

6.0 PLACE OF PERFORMANCE

6.1.1 Delivery will occur at the following government site:

Naval Foundry & Propeller Center Philadelphia Navy Yard 2003 Constitution Ave, BLDG 1081 Philadelphia, PA 19112

6.1.2 The specific location will be provided at time of award. The Contractor shall provide a list of employees who require access to these areas, including standard security clearance information for each person, to the Code 1120 Security Personnel no later than three business days after the date of award. The workspace provided to the Contractor personnel shall be identified by the Awardee, with appropriate signage listing the company name and individual Contractor employee name.

6.1.3 Access to Government buildings at Naval Foundry & Propeller Center is from 0730 to 1800 Monday through Friday, except Federal holidays. Normal work hours are from 0730 to 1800, Monday through Friday. Contractor employees shall be under Government oversight at all times. Government oversight requires that a Government employee be present in the same building/facility whenever Contractor employee(s) are performing work under this contract. Contractor personnel are not allowed to access any Government buildings at NFPC outside the hours of 0730 to 1800 without the express approval of the Procuring Contracting Officer (PCO).

6.1.4 Early Dismissal and Closure of Government Facilities

When a government facility is closed and/or early dismissal of Federal employees is directed due to severe weather, security threat, or a facility related problem that prevents personnel from working, onsite Contractor personnel regularly assigned to work at that facility should follow the same reporting and/or departure directions given to Government personnel. The Contractor shall not direct charge to the contract for time off but shall follow its own company policies regarding leave. 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 and during periods of inclement weather, onsite Contractors should monitor radio and television announcements before departing for work to determine if the facility is closed or operating on a delayed arrival basis.

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 related problem), on site Contractors will continue working established work hours or take leave in accordance with parent company policy. Those Contractors who take leave shall not direct charge the non-working hours to the contract. Contractors are responsible for predetermining and disclosing their charging practices for early dismissal, delayed openings, and closings in accordance with the FAR, applicable cost accounting standards, and company policy. Contractors shall follow their disclosed charging practices during the contract period of performance and shall not follow any verbal directions to the contrary. The PCO will make the determination of cost allowability for time lost due to facility closure in accordance with FAR, applicable Cost Accounting Standards, and the Contractor's established accounting policy.

7.0 TRAVEL

Not applicable.

8.0 GOVERNMENT FURNISHED PROPERTY

Not applicable.

9.0 GOVERNMENT FURNISHED INFORMATION

10.0 PURCHASES

Not applicable.

11.0 COUNTERFEIT MATERIAL PREVENTION

11.1 Non-Electronic Materials

11.1.1 Department of the Navy contractors (and their subcontractors at all tiers) who obtain critical or high-risk materiel shall implement a risk mitigation process as follows:

11.1.2 If the materiel is currently in production or currently available, materiel shall be obtained only from authorized suppliers

11.1.3 If the materiel is not in production or currently available from authorized suppliers, materiel shall be obtained from suppliers that meet appropriate counterfeit avoidance criteria

11.1.4 Contractor shall notify the contracting officer when critical or high-risk materiel cannot be obtained from an authorized supplier;

11.1.5 Contractor shall take mitigating actions to authenticate the materiel if purchased from an unauthorized supplier

11.1.6 Contractor shall report instances of counterfeit and suspect counterfeit materiel to the contracting officer and the GIDEP as soon as the contractor becomes aware of the issue.

12.0 PERSONNEL

13.0 ENTERPRISE-WIDE CONTRACTING MANPOWER REPORTING APPLICATION (ECMRA)

Not applicable.

14.0 NSWCPD ELECTRONIC COST REPORTING AND FINANCIAL TRACKING (ECRAFT) SYSTEM

Not applicable.

15.0 SPECIAL REQUIREMENTS