ATTACHMENT 7 - Performance Work Statement.pdf

PERFORMANCE WORK STATEMENT REV B

PERFORMANCE WORK STATEMENT (PWS)

PAINT PROGRAM AND RELATED SUPPLIES/SERVICES

INDEX

1.0 General

1.1 Glossary of Terms Used in the Performance Work Statement

1.2 Standards Used in the Performance Work Statement

2.0 Coatings

2.1 NAVSEA Coating Systems Approved Preservation Products

2.2 Shelf Life

2.3 Unit of Measure

2.4 Product Compatibility

2.5 Number and DFT of Coats

2.6 QPL Requirements

2.7 Surface Preparation Standards

2.8 Colors

2.9 Product Prohibitions

2.10 Antifouling and Underwater Hull

2.11 Solvents

3.0 Personnel

3.1 Key Personnel

3.2 Substitution of Personnel

4.0 Closeout Business Meeting

4.1 Program Office

4.2 Points of Contact

4.3 Delivery Confirmation

4.4 Weekly Outstanding Item Report

4.5 Requests for Estimates

5.0 Other Engineering Services

5.1 Phase-In/Phase-Out Services

5.2 Field Service Technical Representation for Availabilities

5.3 Instruments and Equipment for Field Service Technical Representatives

6.0 Management, Handling, Transportation, and Removal of Manufacturer’s Product

6.1 Return of Factory Sealed Products

6.2 Handling of Products Found Leaking, Broken, and/or at Less Than 50% Shelf Life at Time of Delivery

7.0 Packaging and Marking

7.1 Package Size for Paints/Coatings and Solvents

8.0 Product Substitutions/Technology Improvements

8.1 Product Substitutions

8.2 Approval for Substitutions of Products

8.3 Limits for Substitution of Products

8.4 Technology Improvements

9.0 Delivery of Goods or Services

9.1 Delivery Verification

9.2 Required Time and Place of Delivery/Performance

10.0 Special Contract Requirements

10.1 License, Permits, and Precautions

10.2 Quality Control Standards

1.0 GENERAL

The Northwest Regional Maintenance Center (NWRMC) is contracting for technical services with the ability to deliver preservation products. An integral part this contract will be providing preservation products and technical services within the specific time constraints defined by the designated ships availability schedule. The Contractor shall provide products and services, for US Navy ships. The Contractor shall only provide U.S. manufactured products that comply with U.S.

federal, state, and local volatile organic compound (VOC) limits and all other U.S. laws and regulations. Additionally, the Contractor shall ensure that all products comply with the federal, state, and local laws and regulations applicable to the port of delivery. Preservation products shall be specialized for marine applications unless otherwise permitted by the contract.

Services under the scope of this contract include technical support services (e.g., field service technical representative,) and technical evaluation and troubleshooting services, from a paint original equipment manufacturer (OEM).

1.1 Glossary of Terms Used in the Performance Work Statement

The following definitions apply to the terms used in this performance work statement:

ACQPA: Association for Certification and Qualification for Anticorrosive Paintwork

AVAILABILITY/SHIP AVAILABILITY: Any period when a vessel uses industrial support for painting and preservation work. This is predominantly accomplished at shipyards.

CLIN: Contract Line Item Number

CONUS: Within the Continental United States

DAY: A calendar day unless otherwise specified

DFT: Dry Film Thickness

DI: Data Item

GFM: Government Furnished Material

MSDS: Material Safety Data Sheets

NESHAP: National Emissions Standards on Hazardous Air Pollutants

PWS: Performance Work Statement

PRIMARY: First in importance

QPL: Qualified Products Lists - Lists of products qualified in accordance with U.S. Government specifications (e.g., QPL 23236 is a list of products qualified under Military Specification MIL-PRF-23236.)

RFE: Request for Estimate

SOLAS: Safety of Life at Sea

SRI: Summary Receipt Information

SUPERVISOR: The term “SUPERVISOR” is defined as the local Government activity responsible for the execution and contract administration of Navy maintenance and modernization work, e.g. the cognizant Regional Maintenance Center.

TPD: Technical Product Description

UHP: Ultra High Pressure

VOC: Volatile Organic Compounds

WFT: Wet Film Thickness

1.2 Standards Used in the PWS:

The following standards apply to this PWS:

ASTM: American Society of Testing and Materials - Where referenced, ASTM standards are to be used for inspection and testing of materials during application and/or failure analysis.

EPA: Environmental Protection Agency

ISO: International Standards Organization - ISO 9001 standards can be used for quality assurance for (a) product manufacturing; (b) product delivery; and (c) laboratory testing.

SAE-AMS-STD 595: Society of Automotive Engineers–Aerospace Material Specification Standard used for colors in Government procurement

ANSI: American National Standards Institute - ANSI is one of the technical standards groups that form the ISO, which sets quality assurance standards and manufacturing standards worldwide.

NACE: National Association of Corrosion Engineers - NACE sets standards for coatings and coating operations (e.g.:

surface preparation standards), and certifies coating inspectors nationally and internationally.

NSTM: Naval Ship’s Technical Manual

SPC: Society for Protective Coatings - The SPC sets standards for surface preparation and coating operations

JTR: Joint Travel Regulations – The JTR contains Department of Defense (DoD) regulations to define the allowable per diem rates and rules regarding various travel expenses.

2.0 COATINGS

2.1 Naval Sea Systems Command (NAVSEA) Approved Preservation Products.

The Contractor shall provide NAVSEA approved preservation products for Paragraphs 2.10.1, 2.10.2, 2.10.3. NAVSEA Approved Paint Supplies are specified in Exhibit A.

2.1.1 Contractor shall provide Batch VOC certificates with all deliveries for all preservation products being delivered.

2.2 Shelf Life

All products delivered to the Government shall have, at a minimum, 50% of its shelf life at the time of delivery. The Government may consider a shorter shelf life if the product will be applied immediately. In such instance, a waiver is required (See Paragraph 8.2) the shelf life of all preservation products shall be provided.

2.2.1 All preservation product containers shall be marked clearly in English with a manufacturing date, or the Contractor shall provide the SUPERVISOR with a key code that can be used to interpret the date of manufacture.

2.3 Unit of Measure

All preservation product orders shall be delivered in gallons. This will make all orders and invoices consist.

5-gallon can 1-gallon can

The Government will require all preservation products in the packaging sizes listed above.

2.4 Product Compatibility

All preservation products must be compatible and have the ability to be applied over any existing coating on like surfaces.

Tiecoats and surface preparation shall be kept to a minimum.

2.5 Number and DFT of Coats

Requirements for the number of coats and the DFT of coats are set forth in Exhibit A, Paint Supplies and Services Price Table.

2.6 QPL Requirements

The Contractor shall ensure that their product is on the NAVSEA QPL. Also, the Contractor shall notify the SUPERVISOR if the product is removed from the QPL within five (5) working days of its removal.

2.7 Surface Preparation Standards

All preservation products offered shall include references to acceptable surface conditions, e.g. “Near White Metal” on abrasive blasted surface, and shall reference industry standards such as SSPC-SP 10/NACE 2 Near White Metal Blast Cleaning. If no industry standard is available, the Government may approve references to in-house publications/standards.

2.8 Colors

Unless otherwise stated, all preservation products shall be delivered in the colors specified in Exhibit A, Paint Supplies and Services Price Table.

2.9 Product Prohibitions

The Contractor shall not provide any of the following products:

1) Lead levels in antifouling topcoat paints of Types I, II, and IV shall be less than 600 mg/L of soluble lead and/or its compounds and less than 0.06 weight percent total lead and/or its compounds.

2) Any product containing zinc chromate

3) Any coal tar epoxy or paint containing coal-tar derivatives

4) Any antifouling paint containing tributyltin

2.10 Antifouling and Underwater Hull

2.10.1 High Turbulence Areas:

The Contractor shall provide an underwater hull coating for high turbulence areas. High turbulence areas include the following: sea chests, rudders, kort nozzles, etc.

2.10.2 Antifouling Coating Systems:

The Contractor shall provide the following:

2.10.2.1 A twelve (12) year antifouling, underwater hull and boot top coating system that complies with epoxy anticorrosive MIL-PRF-24647, Type I or II and that complies with antifouling paint MIL-PRF-24647, Type II.

2.10.2.2 Tie coats to the above area systems, if necessary, to ensure compatibility with over coating the system currently in place.

2.10.3 Underwater Hull Markings:

The Contractor shall provide preservation products that are suitable for use as hull and boot top marking on the ablative anti fouling paints. The colors shall be as specified in Exhibit A, Paint Supplies and Services Price Table.

2.11 Solvents

The addition of solvents to NAVSEA Approved Coatings is not allowed and shall not be done.

3.0 PERSONNEL

3.1 Key Personnel

The following positions are considered as key personnel:

Field Service Technical Representatives

3.1.1 Key Personnel Minimum Qualifications:

The Contractor shall provide Field Service Technical Representatives. Resumes for personnel in these positions shall be delivered in accordance with CDRL B001, Key Personnel and Other Personnel Resumes.

3.1.1.1 Field Service Technical Representative:

The Field Service Technical Representative shall be capable of providing the services specified in Paragraph 5.3. The Contractor shall provide a minimum of one (1), with the ability to surge to two (2), Field Service Technical Representatives, each of whom shall have a minimum of four (4) years prior experience in the marine coatings applications field, either:

a) In a shipyard paint shop, OR

b) In a marine paint application company normally Contracted for ship coating work, OR

c) As a technical representative for a marine paint manufacturer.

AND

d) Additional Certification Requirements: Field Service Technical Representatives shall be NACE Level III (Peer Review) Certificated Coating Inspectors in accordance with NACE International Coating Inspector Training and Certification Program, or shall be certified as an SSPC Protective Coating Inspector (PCI) Level 3.

3.2 Substitution of Personnel

3.2.1 Key Personnel Substitution:

Key personnel may not be substituted without expressed approval of the SUPERVISOR, in accordance with Paragraph

3.2.1.3 below. Resumes shall be provided when a substitution of personnel is required.

3.2.1.1 General Provision:

The Contractor agrees to assign to this contract those persons identified as key personnel whose resumes were submitted with this proposal and who are necessary to fulfill the requirements of this contract. No substitutions of key personnel shall be made except in accordance with this contract.

3.2.1.2 Guidance on Substitutions:

During the first thirty (30) days of the contract performance period no personnel substitutions by the Contractor will be made unless substitutions are necessitated by an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required by Paragraph 3.2.1.3 below. After the thirty (30) days, all proposed substitutions must be submitted, in writing, at least 10 days in advance of the proposed substitutions to the Contracting Officer and provide information required by Paragraph 3.2.1.3 below.

3.2.1.3 Request for Substitution:

All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information-requested by the Contracting Officer.

All proposed substitutes must have qualifications equal to or higher than the qualifications of the person to be replaced. The Contracting Officer or his/her authorized representative will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof.

3.2.1.4 Key Personnel Definition:

The following positions are considered as key personnel:

Field Service Technical Representative

4.0 Closeout Business Meeting

A Closeout Business Meeting will be scheduled no later than ten (10) days after completion of the underwater hull preservation at a location and time agreed to by the RMC and the Contractor. The Closeout Business Meeting shall facilitate a review of final report per Exhibit B, CDRL B012. The Contractor shall record and distribute Meeting Minutes per Exhibit B, CDRL B002.

4.1 Program Office

The Contractor shall set up a delivery requirement status tracking system.

4.2 Points of Contact:

The Contractor shall provide a contact list for the Field Service Technical Representatives, and this contact list shall include their phone number, cell phone number, fax number, and email address.

4.3. Delivery Confirmation:

The Contractor shall provide email confirmation of the receipt of each order issued by the Government. The Contractor shall provide notification to the SUPERVISOR no later than close of business day on the business day the Contractor delivers the order or by close of business on the business day immediately following a holiday or weekend. Any product that is available with less than a 50% original shelf life will require a waiver submitted by email to the SUPERVISOR and approved by the SUPERVISOR prior to delivery of the product.

4.4 Weekly Outstanding Item Report (Exhibit B, CDRL B006)

The Contractor shall provide a weekly outstanding item report with actual final delivery date for each line item on purchase order, and the period of performance of the Field Service Representatives. If there are multiple shipments for one-line item, they shall be recorded as quantity delivered and the date (e.g. 10 gallons/ [7/4/20]; 15 gallons/ [7/7/20] to account for total 25 gallons). The report will also identify all the outstanding line items on purchase order that have not been delivered and current updated status for final delivery completion. Upon final delivery completion, the current updated status will reflect "FINAL DELIVERY COMPLETE" on the next Weekly Outstanding Item Report. On the following Weekly Outstanding Item Report, these items will be removed in their entirety. Any line item on purchase order that has appeared on subsequent Weekly Outstanding Item Reports for a period of ninety (90) days will be canceled and re-ordered based on vessel's current requirements. The Weekly Outstanding Item Report will be discussed during a weekly purchase order telecon meeting which will be attended by, at a minimum, COR or ALT COR/Contract Customer Service Rep(s) and the Program Manager or Technical Manager.

4.5 Requests for Estimates (RFE)

When requested, the Contractor shall provide an estimate of the amount of coatings needed for availability, as detailed in Exhibit A.

The Contractor shall record the initial estimates and revise with final amount required after completion of the availability.

The required data shall be discussed with the SUPERVISOR to ensure all applicable information is captured.

5.0 OTHER ENGINEERING SERVICES

5.1 Phase-In/Phase out Services

5.1.1 Phase-In:

The Contractor shall attend Work Package Execution Review (WPER) and Schedule Model Review (SMR) meetings scheduled to take place in Seattle, WA, on or near the project start as Scheduled by the Government and the Prime Contractor. Duration of WPER and SMR meetings will vary on work package scope, but may take up to seven days to complete. Exact dates and address of location where WPER and the SMR are to take place will be provided after award.

The Price Table cost for phase-in services shall include all expenses (e.g., travel, labor, per diem) associated with the phase-in services, including travel to Everett, WA for meetings. Meetings will be documented by the Contractor per (Exhibit B, B002).

5.1.2 Phase-out:

The Contractor shall develop final report formats for the following CDRL within Exhibit B:

1. Final Availability Report B012

5.2 Field Service Technical Representatives for Availability

5.2.1 Location/Support Requirements/Workload:

Vessel requiring preservation products and technical representative under the scope of this contract is the USS JOHN PAUL JONES (DDG53). Availability location is Seattle, WA. Availability periods are typically 250-360 days, and representative shall be available to support for the duration of the underwater preservation process. In support of this contract, the Contractor shall have a minimum of one (1) representatives with the ability to surge to two (2) representatives available to travel to Seattle and Everett WA.

5.2.2 Reimbursement:

Technical support for availabilities, including travel and per diem, will be payable at the fixed price per person daily rate under the item in Exhibit A. The Contractor’s Field Service Technical Representative’s Daily Paint Progress Report (Exhibit B, B005) shall be used to determine the number of reimbursable workdays.

5.2.2.1 The total price for the 30-day extension estimate in Exhibit A will be utilized for evaluation purposes only. While the number of days (30) is for evaluation purposes only, the Contractor agrees to use the rate in Exhibit A for any extension under this contract regardless of the number of days in the extension(s). The burden is on the Contractor to identify, and justify, a Government delay requiring a compensable extension to the period of performance. If a compensable extension to the period of performance is required, the contractors fully burdened daily extension rate identified in Exhibit A shall be utilized for pricing additional compensable work under this Contract. The rate shall be multiplied by the number of days in the extension – except under no circumstances will the Government compensate the contractor for an extension where the delay is due to the fault of the Contractor or where the Contractor has not otherwise demonstrated, to the satisfaction of the Government, that the delay in meeting the period of performance is due to the actions or inaction of the Government. If the delay is due to the fault of the Contractor or where the Contractor has not otherwise demonstrated, to the satisfaction of the Government, that the delay in meeting the Period of Performance is due to the actions or inaction of the Government, no modification will be executed and the contractor shall continue work under until completed. All terms and conditions under this Contract apply to all modifications to extend the Period of Performance.

5.2.3 Technical Services for Availabilities:

The Contractor shall provide a Field Service Technical Representative for full time on-site support to SUPERVISOR, e.g. Program Manager, in availability period when painting critical areas like the underwater hull. Critical areas are defined in NAVSEA Standard Item 009-32. Field Service Technical Representatives will monitor paint application efforts and advise the SUPERVISOR accordingly. The Field Service Technical Representative shall:

5.2.3.1 Be present on-site full-time, and at all times when the Master Ship Repair (MSR) Facility is performing paint-related work (from initial surface inspection, cleaning and preparation to final curing and final acceptance inspection) per the direction of the SUPERVISOR.

5.2.3.2 Monitor and document in the Daily Paint Progress Report (Exhibit B, B005) all aspects of the Master Ship Repair (MSR) Facilities’ application efforts (including surface preparation, weather conditions, application techniques, etc.) to ensure that the work is being performed in accordance with the work specifications and the manufacturer’s published technical data. The Daily Paint Progress Reports shall be detailed to describe any specific deficiencies or issues that is not per the approved method of prepping and applying the specific paints. Both the SUPERVISOR and the Field Service Technical Representative shall sign the Daily Paint Progress Reports daily.

5.2.3.3 Provide a Hull Condition Report (Exhibit B, B003) which includes initial and final assessment of the hull's condition regarding fouling, coatings, and corrosion. Copies of this report shall be turned in to the SUPERVISOR.

5.2.3.4 Provide verbal notice immediately to the SUPERVISOR of any deficiencies that would void the General Warranty or cause significant problems. In addition, the Contractor shall provide written notice per FAR 52.212-4 ADDENDUM Paragraph (C)(3) within twenty-four (24) hours of the occurrence. The Daily Paint Progress Report (Exhibit B, B005) and the Summary Exception Report (Exhibit B, B010) shall document the deficiency. In the event the Master Ship Repair (MSR) or their subcontractors does not follow the Contractor’s advice when critical areas have not been adequately protected according to the work specifications and the manufacturer’s published technical data, the Contractor shall notify the SUPERVISOR and document in the Daily Paint Progress Report.

5.2.3.5 Verbally advise the SUPERVISOR and document in the Daily Paint Progress Report (Exhibit B, B005) any areas not adequately protected from the effects of surface preparation and painting. The Daily Paint Progress Reports shall be detailed to describe any specific deficiencies or issues that is not per the approved method of prepping and applying the specific paints.

5.2.3.6 Maintain daily inventory records regarding all paints delivered to the Master Ship Repair (MSR) Facility and applied by the Master Ship Repair (MSR) Facility or their subcontractors. In addition, the Contractor shall document this information in the Daily Paint Progress Report (Exhibit B, B005).

5.2.3.7 Perform inventories of coatings and coating-related products as requested by the SUPERVISOR.

5.2.3.8 Review production schedules for paint-related work specifications as requested by the SUPERVISOR. Report to

SUPERVISOR and document in the Daily Paint Progress Report (Exhibit B, B005) the potential for insufficient paint quantities. Insufficient paint quantities should be identified a minimum of ten (10) calendar days prior to the anticipated date by which the additional products may be needed based on the Master Ship Repair (MSR) Facilities’ production schedule.

5.2.3.9 Inspect the surface preparation [submit the Surface Preparation Report per Exhibit B, B004] and application

[submit Application Data Summary Report per Exhibit B, B008] of each coat of paint applied to assure the work is being done in accordance with the specification and the manufacturer’s published data.

5.2.3.10 Take and record readings daily in the Daily Paint Progress Report (Exhibit B, B005) or as often as necessary to ensure compliance. Readings shall include ambient temperature, substrate surface temperature, dew point temperature, relative humidity, surface profile, paint application and consumption (product, quantities, batch number(s) and color), wet film thickness, paint ratio for spray, and DFT of each coat (two readings per 10 square meters).

5.2.3.11 Report all inspections to the SUPERVISOR and enter them in the Daily Paint Progress Report (Exhibit B, B005).

5.2.3.12 Report and document in the Daily Paint Progress Report (Exhibit B, B005) instances when an exterior spray loss exceeds 40% and when unnecessary paint waste occurs (example: residual paint in near empty cans is not conserved).

5.2.3.13 The reasons for high spray loss and unnecessary paint waste and any conversations with the SUPERVISOR and shipyard personnel relating to this topic shall be documented in the Daily Paint Progress Report (Exhibit B, B005) and the Summary Exception Report (Exhibit B, B010).

5.2.3.14 At a minimum, photographs (Exhibit B, B007) shall be taken while;

(a) the ship is on drydock

(b) before high pressure water washing

(c) after high pressure water washing

(d) after surface preparation

(e) after the painting is completed

Where unusual circumstances or serious deficiencies warrant, the Field Service Technical Representative shall additionally document the problems by taking photographs. Photographs may also be taken of any other significant areas at the discretion of the SUPERVISOR. All photographs are the property of the U.S. Navy and shall be marked as such and may not be distributed or retained without explicit permission of the U.S. Navy.

5.2.3.15 The Field Service Technical Representative shall perform coating condition surveys (i.e., Underwater Hull and

Boottop) as directed by the SUPERVISOR. All coating surveys and the resulting reports shall be conducted and prepared in accordance with ASTM F 1130-99 (2014) STANDARD PRACTICE FOR INSPECTING THE COATING SYSTEM OF A SHIP. Recommendations for maintenance, repair, and photographs of representative problem areas shall be included as part of the report. Reports shall be submitted in accordance with the Coating Inspection Report (Exhibit B, B009).

5.2.3.16 Within twenty-four (24) hours of completion of the painting job, the Field Service Technical Representative shall inventory all remaining unopened quantities of paints, solvents, and other products not used by the Master Ship Repair (MSR) Facility and prepare and submit a Final Job Inventory Report (Exhibit B, B011), which accounts for all quantities used and unused/unopened on the job. Both the SUPERVISOR and the Field Service Technical Representative shall sign the Final Job Inventory Report. This report will be used by the Government to establish the final, total quantities of paints and solvents consumed and returned through the end of the job as per Paragraph

6.1. The report will also be used to verify invoices. The Field Service Technical Representative shall also make shipping arrangements for the removal of the unused/unopened paint, solvent, and other products within twenty-four (24) hours of completion of the inventory. The Final Job Inventory Report shall reflect the date of the paint removal from the Industrial Facility. When the Contractor receives the returned products and finds variations from the Final Job Inventory Report, they shall notify the COR for resolution.

5.2.3.17 The Field Service Technical Representative shall submit the Final Availability Report (Exhibit B, B012). The

Final Availability Report is a compilation of daily, summary, and individual reports on specific aspects of the job.

The Contractor shall provide the Final Availability Report and individual reports in accordance with the requirements listed in Exhibit B B012 and in the order provided below:

a. Summary Exception Reports (B010)

b. Surface Preparation Report (B004)

c. Application Data Summary Report (B008)

d. Hull Condition Report (B003)

e. Photographs (B007)

f. Final Job Inventory Report (B011)

g. Coating Inspection Report (B009)

h. Daily Paint Progress Report (B005)

5.3 Instruments and Equipment for Field Service Technical Representatives

The Field Service Technical Representative shall be responsible for any and all instruments and equipment necessary to complete any job that may occur. Typical instruments and equipment needed to support this purchase order include:

1. Wet and dry film thickness gauges

2. Blast nozzle orifice gauge

3. Sieves and scale for blast grit analysis

4. Hypodermic pressure gauges

5. Elcometer (or equal) dolly adhesion tester

6. Tooke gauge

7. Black light

8. Qualitative and quantitative chloride tests

9. Micrometer and Testex (or equal) replica tape

10. Pit gauge

11. Sling or electronic psychrometer with psychrometric tables

12. Magnetic base surface thermometers

13. Immersion thermometers

14. Keene-Tator Surface Comparator or equal

15. Lighted 30X microscope

16. Blotter paper

17. pH test kit

18. Visual guides published by an acknowledged industry standards organization (e.g. SPC, SSPC or NACE) for surface preparation standards including power tool cleaning, abrasive blast cleaning, and UHP water jetting.

Company specific visual guides shall not be acceptable.

19. Visual guide for types of coating failures with causes and remedies

6.0 MANAGEMENT, HANDLING, TRANSPORTATION, AND REMOVAL OF MANUFACTURER’S

PRODUCT

6.1 Return of Factory Sealed Products

When ordered by the Government and not prohibited by law at the site and time of return, the Contractor shall remove and accept for return any products it supplied under the contract/purchase order that are still factory sealed and undamaged.

The Contractor shall be responsible for removing and accepting returned products located only in Attachment 4: Navy Product Support Requirements.

6.1.1 Restocked Products:

In the case of products that can be restocked (which shall include unexpired products), the Government will be responsible for the restocking fee and the transportation surcharge applicable to the location at which a product is returned as provided in Exhibit A: Paint Supplies and Services Price Table. The Contractor shall submit a Credit Invoice in accordance with FAR Clause 52.212-4 Addendum reflecting a credit equal to the product’s purchase order price. The Contractor may also wait until the end of the availability and only invoice for the net products used in which case no Credit Invoice will be required.

6.1.2 Products not Restocked:

In the case of products that cannot be restocked, the Government will be responsible for the transportation surcharge applicable to the location at which a product is returned and a handling charge as provided in the Price Table.

6.2 Handling of Products Found Leaking, Broken, and/or at Less Than 50% Shelf Life at Time of Delivery

The Contractor is responsible for the removal and return of products that at the time of delivery are found to be in a leaking container, an unsealed container, and/or with less than 50% shelf life remaining. The Government will not be responsible for any fees relating to the removal and return of such nonconforming products (unless a waiver was approved in accordance with Paragraph 8.2 for products delivered with less than 50% shelf life). All costs for the removal and return of nonconforming products (including transportation and restocking) shall be the sole responsibility of the Contractor.

Additionally, the Contractor shall be responsible for delivering conforming products at its cost within three (3) days of the date of delivery of the nonconforming products.

7.0 PACKAGING AND MARKING

The Contractor shall prepare all shipments under this contract in accordance with ASTM-D-3951-98 "Standard Practice for Commercial Packaging” Preservation, packaging, packing and marking of all deliverable must ensure the material is received in a serviceable, ready for issue condition when received at the ultimate destination.

The Contractor shall prepare all regulated hazardous material in accordance with the requirements of 49 CFR (Code of Federal Regulations) or the applicable modal transport regulation. In addition, compliance with FED-STD 313 is mandatory.

All shipments utilizing coniferous and non-coniferous wood pallets, skids, load boards, pallet collars, boxes, reels, dunnage, crates, frames, and cleats constructed of non-manufactured wood shall be constructed from Heat Treated (HT to 56 degrees Centigrade for 30 minutes) or fumigated (using methyl bromide) material and certified by an accredited agency recognized by the American Lumber Standards Committee (ALSC) in accordance with Wood Packaging Material Regulations both dated 15 Nov 2002.

7.1 Package Size for Paints/Coatings and Solvents

The Government will require all coatings, solvents, and other products in the following packaging sizes unless otherwise mutually agreed:

5 gallons 1 gallon

8.0 PRODUCT SUBSTITUTIONS/TECHNOLOGY IMPROVEMENTS

8.1 Product Substitutions

The Contractor shall provide the Contracting Officer at least sixty (60) days advanced notice in writing of the Contractor’s intent to discontinue the manufacture of any products under the scope of the purchase order. The notice shall identify the specific product to be discontinued and identify the salient characteristics of the proposed product to be substituted.

It is the Government’s expectation that the Contractor shall routinely deliver the specific products outlined in Exhibit A.

Product substitutions for the convenience or benefit of the Contractor shall not be allowed. The Government is under no obligation to accept substitute products. The Contractor remains obligated to provide the products required under the purchase order.

8.2 Approval for Substitution of Products

The Government shall at its sole discretion determine the technical acceptability of any product offered as a product substitution. In the event a product fails to meet the requirements of Exhibit A (Paint Supplies and Services Price Table), the substitute will be considered under FAR Clause 52.212-4 (c) with consideration for the value lost. The Government is under no obligation to accept substitute products. Pending approval of such products, the Contractor remains obligated to provide the products required under this purchase order.

8.3 Limits for Substitution of Products

No substitutes are authorized for the first one hundred eighty (180) days after the contract award date.

8.4 Technology Improvements

After purchase order award, the Government may solicit, and the Contractor is encouraged to propose independently, technology improvements to the equipment, products, software specifications or other items required for the performance under this purchase order. These improvements may be proposed to save money, improve performance, save energy, or for any other purpose which presents a technological advantage to the Government. The Government is under no obligation to accept technology improvements. Pending approval of such improvements, the Contractor remains obligated to provide the supplies and services required under this purchase order.

8.4.1 Submittal of Technology Improvement Proposals:

The Contractor will submit a proposal that includes pricing to the Contracting Officer for evaluation. The price proposal shall reflect the same pricing strategy for the new item as was implemented under this purchase order.

The proposals will, at a minimum, contain the following information:

1. Description of the difference between the existing purchase order requirement and the proposed change with the comparative advantages and disadvantages of each.

2. Itemized requirements of the purchase order, which must be changed if the proposal is adopted with the proposed revisions to the purchase order language.

3. Estimate of the changes in performance or cost, if any, which will result from the change.

4. Evaluation of the effects the proposed change would have on collateral costs to the Government, such as

Government furnished property costs, costs of ship equipment maintenance, operation and conversion costs.

5. Statement of the time by which a purchase order modification must be issued so as to obtain the maximum benefits of the changes for the remainder of this purchase order including supporting rationale.

6. Any effect on purchase order time and delivery schedules shall be identified.

8.4.2 Implementation of Technology Improvement Proposals:

Those proposed technology improvements that are acceptable to the Government will be approved by the Contracting Officer via a purchase order modification.

9.0 DELIVERY OF GOODS OR SERVICES

9.1 Delivery Verification

Final inspection and acceptance of the supplies to be furnished hereunder shall be made at the destination by the receiving activity. At the time of delivery under this purchase order, the Contractor shall prepare and furnish to the Government/Commercial Receiving Activity either Contractor’s own shipping / inspection / receiving documentation or a Material Inspection and Receiving Report (DD 250). The delivery receipt shall contain at a minimum: the ship name, the purchase order number, the intended delivery date(s), the delivery location, the product names, and the quantities delivered.

The receiving activity shall execute acceptance certification on the submitted documentation. The delivery receipt shall also include a clearly marked section in which the persons accepting delivery of the products on behalf of the Government are acknowledging acceptance of the products. Persons signing acceptance certification documentation shall include their full printed name, title, employer and, if a shore side receiving facility, phone number.

The information on the delivery receipt regarding the ship name, purchase order number, actual delivery date(s), delivery location, product names, and quantities delivered shall be pre-printed. Handwritten changes and annotations on the delivery shall not be accepted or acknowledged by the Government unless said changes and annotations are clearly initialed and dated by the person(s) accepting delivery of the products on behalf of the Government.

Contractor shall maintain original signed and certified documents. Documents may be audited as per FAR Clause 52.212-4 Addendum.

9.2 Required Time and Place of Delivery/Performance

The specific date and place of delivery preservation products and/or performance for services will be specified in this purchase order. The Contractor shall make deliveries to Seattle, WA. The required delivery time limits are outlined in Attachment 4, Navy Product Support Requirements.

The Contractor shall deliver all products and services ordered by the Government, on the date specified in this purchase order in all instances in which the Government has provided adequate order lead time for the applicable main port.

Adequate lead time is deemed to have been provided in those instances in which the period of time between the date on which the order was deemed to have been received by the Contractor and the date on which the Contractor is requested to make the delivery is equal to or greater than the required delivery period for the applicable main port., per Attachment 4.

In instances in which the delivery date requested in the purchase order is sooner than the delivery period stipulated in the purchase order for a given main port, Paragraph 9.3.1 shall apply.

The Contractor’s obligation to deliver all products and services within the specific time constraints defined in Attachment 4, Navy Product Support Requirements, shall not be contingent upon:

1. Whether or not the product ordered by the Government is manufactured in the specific main port zone in which delivery is requested.

2. Whether or not the product ordered by the Government is normally stocked for sale to the Government, or other commercial or Government customers, in the specific main port in which delivery is requested.

3. Whether or not pre-existing stock inventory is available in the specific main port in which delivery is requested.

4. The terms and conditions of any manufacturing, warehousing, inventory management, transportation or other trade/business agreements into which the Contractor has entered, or plans to enter, with its affiliates, trade partners or other subcontractors.

5. The Contractor’s customary business practices as they relate to commercial or other Government customers.

10.0 SPECIAL CONTRACT REQUIREMENTS

10.0.1 Variation in Quantity

A modification to the purchase order must be executed before additional quantities may be ordered that exceed the contract amount.

10.0.2 Purchase Order Modifications:

The Contracting Officer may issue unilateral modifications to adjust the purchase order affected by circumstances previously described under various sections of this Performance Work Statement. These modifications may add new line items (e.g. to account for restocking fees, change in delivery location, etc.) or they may remove line items and adjust quantities (e.g. to account for package size variations, actual delivery quantity variations, or the addition of new priced work). As with the issuance of this purchase order it is incumbent upon the contractor to notify the official who issued the modification of any disagreement with or cost impact of the modification within 3 business days. Lack of contractor communication can be construed as agreement with the modification. The Contracting Officer and the Contractor will make reasonable attempts to communicate and agree to acceptance of contract changes prior to issuance of a modification.

This intent of this paragraph is to allow both the Contracting Officer and the Contractor flexibility with regard to ordering, order changes, and order settlement in accordance with the other sections of this purchase order, the effective price list at the time the order was placed, and the Contractor's standard commercial practices. This paragraph does not limit the Government's rights detailed elsewhere in applicable law and this contract.

10.1 Licenses, Permits, and Precautions

The Contractor shall, at Contractor expense, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable laws, codes, and regulations, in connection with the performance of work. Further, the Contractor is responsible to ensure that proper safety and health precautions are taken to protect the work, the workers, the public, and the property of others.

10.2 Quality Control Standards

The Contractor shall have a Quality Control Plan to maintain the quality standards for the production of all products and services. The Quality Control Plan shall be implemented upon contract award.

ATTACHMENTS:

Attachment 1 Instructions, Conditions, and Notices to Offerors Attachment 2 Evaluation Factors for Award Attachment 3 Navy Paint Warranty Attachment 4 Navy Product Support Requirement Attachment 5 NAVY DBIDS Force Protection List Attachment 6 Past Performance Questionnaires

EXHIBITS:

Exhibit A Paint Supplies and Services Price Table Exhibit B Contract Data Requirements List

(End of PWS)