Cold LLC BOA DRAFT SOW SAM.gov.pdf

Statement of Work (SOW) GEECO Liquid Oxygen and Nitrogen Producer Maintenance

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 NSWCPD Code 418, which is responsible for Compressed Air Systems.

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

1.0.3.1 The services to be delivered under this Basic Ordering Agreement (BOA) are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the BOA 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.

1.0.3.2 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.

1.0.3.3 Contractor personnel under this BOA shall not engage in any of the inherently Governmental functions listed at FAR Subpart 7.5 or DFARS Subpart 207.5.

1.0.4 Employee Relationship:

1.0.4.1 The services to be performed under this BOA do not require the Contractor or its 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.

1.0.4.2 Rules, regulations, directives, and requirements that are issued by the U.S. Navy and NSWCPD under its responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation 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.

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

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

1.0.4.4.1 The Contractor shall notify the Contracting Officer in writing via letter or email 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 Contractor's estimated date when, absent a response, cost, schedule or performance will be impacted.

1.0.4.4.2 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:

(iConfirm the conduct is in violation and when necessary direct the mode of further performance, (iiCountermand any communication regarded as a violation, (iiiDeny that the conduct constitutes a violation and when necessary direct the mode of further performance, or (ivIn the event the notice is inadequate to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished by the Contractor.

1.1 BACKGROUND

The Air Compressors Branch (Code 418) of the Naval Surface Warfare Center, Philadelphia Division (NSWCPD), provides services to execute under the Surface & Undersea Vehicle Auxiliary Machinery Systems Technical Capability (PL11) as aligned under NAVSEA 05Z to support the life cycle of Compressed Air and Gas Systems for U.S. Navy Ships, Submarines, Air Craft Carriers, Vessels and Craft. Code 418’s daily responsibilities include managing parts and equipment that will be used for repairs, overhauls, installation and upgrades.

Proprietary hardware manufactured by the now-defunct Gas Equipment Engineering Corporation (GEECo) for producing liquid oxygen and nitrogen is installed on several US Navy ships of the CVN-68 class. Since GEECo ceased operations, Cold LLC has served as its OEM representative and is the only authorized parts and service provider for GEECo equipment.

1.2 SCOPE OF WORK

NSWCPD has a requirement for engineering, technical, and logistical support for oxygen-nitrogen generating equipment. Work performed under resultant task orders will support services as required to maintain and improve the operational readiness, safety, reliability, maintainability, as well as operating and support costs for the GEECo products used by the U.S. Navy. The contractor shall provide technical services required for hardware test, and repair of GEECo equipment used in liquid oxygen and nitrogen generation and storage systems.

2.0 APPLICABLE DOCUMENTS

2.1 NAVSEA S9AA0-AB-GSO-010, General Specification for Overhaul of Surface Navy Ships

2.2 NAVSEA S9AA0-AA-SPN-010/GEN SPEC, General Specifications for Ships

MIL-STD-0022, Welded Joint Design

2.3 NAVSEA Standard Items

2.4 COMFLTFORCOMINST 4790.3, Joint Fleet Maintenance Manual at

2.5 MIL-STD-1330D

2.6 SWRMC Work Specification 553-31-001

2.7 MIL-DTL-24800, Cleaning Compound-Aqueous-Oxygen Systems Components (Navy

Oxygen Cleaner).

2.8 S9553-CC-MMA-010, Technical Manual, Description, Operation and Maintenance, Author This acronym was all capital letters in the J&A. please decide which format you would like to use and use it uniformly across all documents.

Author This comment is for the footer. Please remove the template version of a footer and please insert a footer with page numbers from the menu above. We will insert any additional FOUO and guidance for the document in this footer. Please make this revision for all pages of this document.

Oxygen-Nitrogen System (O2N2)

2.9 S9553-BA-MMA-010, Oxygen-Nitrogen System, Description, Operation, and Troubleshooting

The Contractor shall reference and utilize the latest version available when performing tasks within this SOW. Additional applicable documents may be referenced within the individual orders placed against this BOA. The Government shall provide documents upon request.

3.0. REQUIREMENTS

3.1. Engineering, technical, and administrative support/services for GEECo products used on liquid oxygen and nitrogen generating equipment shall be provided as follows.

3.1.1. Investigating Engineering. The contractor shall conduct engineering investigations, using contractor personnel, material, and facilities; unless specific material or facilities are provided by the Government. The investigations shall relate to, but not limited to: Cold LLC products used on GEECo liquid oxygen-nitrogen producers. Engineering investigations shall consider the following aspects during the investigation; installation, operation, maintenance, operational limits, training requirements, and documentation as applicable. In addition, the maintenance and repair of any government owned Cold LLC or GEECo product at government facilities or contractor’s facilities is also covered under this agreement. Specifics shall be detailed within the individual task orders.

3.1.2. Support of Government Testing. The contractor shall provide personnel to monitor, provide assistance, troubleshoot and evaluate equipment and design improvements, tested on U.S. Naval ships, other U.S. Naval facilities or Government Furnished Equipment as may be required by the improvements. Test support services shall be provided in accordance with the program requirements. In addition, the maintenance and repair of any Government owned test equipment or special tooling at Government facilities or contractor’s facilities is also covered under this agreement. Specifics shall be detailed within the individual task orders placed against this BOA.

3.1.3. Contractor Review. The contractor shall conduct reviews as scheduled, between the contractor and NSWCPD. The reviews will include, but are not limited to, keeping Government project personnel informed of progress in assigned tasks, reviewing priorities, discussing and resolving technical matters (such as approaches to solutions of problems or adequacy of existing designs), and checking on funds expended and/or available for existing and new work. Inform Government project personnel of 75% fund expenditure on tasks.

Format of the technical reviews will be as mutually agreed upon by the contractor and NSWCPD. Specifics shall be detailed within the individual task orders placed against this

BOA.

3.1.4. Fleet and Depot Support. The contractor shall provide technical support and troubleshooting on GEECo engineered products directly to U.S. Navy ships or Government activities when required by a task order. The assistance shall encompass background research, testing support, on-site investigations, in-service engineering, maintainability, reliability, maintenance planning, service repair limits, and/or maintenance processes on all GEECo equipment used in liquid oxygen-nitrogen generating systems. This also includes any direct fleet support required, including travel necessitated in support of any delivery order. Specifics shall be detailed within the individual task orders placed against this BOA.

3.1.5. Engineering, technical, and administrative support/services provided as defined above shall submit documents/files in accordance with CDRLS A001-A004 as detailed in Section 6.0.

3.2 Commonality of Systems, Subsystems, and Components

3.2.1 In Accordance With (IAW) NAVSEAINST 4120.8, NAVSEA POLICY FOR COMMONALITY

OF SYSTEMS, SUBSYSTEMS, AND COMPONENTS, 06 Apr 2009, contractors are directed to use standard architectures, design guidelines, specifications, and parts from the Virtual Shelf (virtual repository of standard architectures, design guidelines, specifications, and approved parts lists for Government and contractor design) and Standard Parts Catalog (SPC) whenever practical. In addition, invoke specified parts lists and/or specifications enable enterprise commodity sourcing, when feasible.

3.2.2 If access is requested for purposes of responding to an RFQ, the RFQ number and a short description of the requirement with contact information for the Contracting Lead for the RFQ should be sent to: commonality_program@navy.mil. Accounts created for this purpose will be deactivated after 60 days. If award takes place in that time the contract number and COR information should be provided to retain accounts.

3.2.3 Request access to the Virtual Shelf after award via Defense Acquisition University (DAU), https://acc.dau.mil/VirtualShelf, inquiries regarding issues with account creation or level of access on the Virtual Shelf should be sent via e-mail to commonality_program@navy.mil with the contract number and contact information for the COR.

3.3 Manufacturing Phase-Out or Discontinuation of Production, Diminishing Sources, and Obsolete Materials or Components

3.3.1 The contractor shall notify the Contracting Officer immediately upon determining the unavailability of obsolete materials or components. The contractor may recommend a solution to include the impact on the contract price and delivery. The contractor shall not initiate any item redesign or incur any additional costs without the express, written authorization of the Contracting Officer.

3.4 Diminishing Manufacturing Sources and Material Shortages Management (DMSMS) Contract Requirements

3.4.1 The contractor shall notify both the Contracting Officer and TPOC immediately upon determining diminishing manufacturing sources and material shortages. The contractor may recommend a solution to include the impact on the contract price and delivery. The contractor shall not initiate any item redesign, item replacement, or incur any additional costs without the express, written authorization of the Contracting Officer.

3.5 Parts Obsolescence

3.5.1 The contractor shall establish and implement a parts obsolescence program. In the event that manufacturing phase-out or discontinuance of production of such items is contemplated, the contractor is required to notify the Contracting Officer and publish the discontinuance in the Government-Industry Data Exchange Program (GIDEP), where feasible; and to provide immediate advance notice of production phase-out.

mailto:commonality_program@navy.mil mailto:commonality_program@navy.mil Author Are we nominating a COR for this effort? I didn’t see COR selected in the ASM meeting record. Please confirm.

Same as above.

4.0 DATA REQUIREMENTS

4.1 Contract Status Report (CDRL A001 / DI-MGMT-81991 )

4.1.1 This report shall reflect both prime and Subcontractor data if applicable at the same level of detail.

4.1.2 The CDRL shall be delivered electronically, unless otherwise stated, and while

Contractor’s format is acceptable, Government’s approval is required from the

COR.

4.1.3 Status reports shall include the work completed during the time period, work currently in-progress, and work still to be completed. The document shall report the contract money spent, contract money remaining, and tasks contract money was spent on.

4.1.4 Contract status report will be in accordance with DI-MGMT-81991.

4.2 Travel Report (CDRL A002 / DI – MISC-81943)

4.2.1 This report shall reflect both prime and subcontractor data if applicable at the same level of detail.

4.2.2 The CDRL shall be delivered electronically, unless otherwise stated, and while Contractor’s format is acceptable, Government’s approval is required from the

COR.

4.2.3 Travel reports, including field service reports, will be in accordance with DI-

MISC-81943.

4.3 Status and Action Items Updates (CDRL A003 / DI-MGMT-81991)

4.3.1 This report shall reflect both prime and Subcontractor data if applicable at the

4.3.2 The CDRL shall be delivered electronically, unless otherwise stated, and while

Contractor’s format is acceptable, Government’s approval is required from the

TPOC.

4.3.3 Spreadsheets, reports, and minutes to be updated as required and revisions to be sent as needed. At a minimum, the document shall include the description of the action, the current status, comments, and results. Contractor shall provide updated Software Action Request (SAR) lists.

4.3.4 Status and Action Items Updates shall be in accordance with DI-MGMT-81991.

4.4 Technical Report (CDRL A004 / DI-MISC-80508B)

4.4.1 This report shall reflect both prime and Subcontractor data if applicable at the

4.4.2 The CDRL shall be delivered electronically, unless otherwise stated, and while Contractor’s format is acceptable, Government’s approval is required from the

TPOC.

4.4.3 Test reports are required for any testing performed by the contractor or at the contractor’s facility. Test reports shall include: equipment used, test set-up, and test results. Test reports shall indicate if the hardware or software has passed the testing or not. Test reports must be delivered within ten (10) business days of completed testing.

4.4.4 Evaluation reports shall be required in the event of a failed component or a problem with fleet software or hardware.

4.4.5 Technical reports shall be in accordance with DI-MISC-80508B.

5.0 SECURITY REQUIREMENTS

5.1 SECURITY TRAINING.

5.1.1 In accordance with the National Industrial Security Program Operating Manual (NISPOM) (DoDM 5220.22), Contractor personnel that require access to Department of Navy (DON) information systems and/or work on-site require an open investigation or favorable adjudicated Tier 3 by the Vetting Risk Operations Center (VROC). An interim clearance is granted by VROC and recorded in the Defense Information System for Security (DISS). An open or closed investigation with a favorable adjudication is required prior to issuance of a badge providing access to NSWCPD buildings. Furthermore, if the Navy Central Adjudication Facility, have made an unfavorable determination access will be denied. For Common Access Card (CAC) you must have an open investigation and/or a favorably adjudicated investigation. Interim security clearance are acceptable for a CAC. Access will be denied for anyone that has eligibility pending in DISS. Vetting through the National Crime Information Center, Sex Offender Registry, and the Terrorist screening database shall be process for a contractor that does not have a favorable adjudicated investigation.

5.2 ON SITE WORK. N/A

5.3 N/A

5.4 OPERATIONS SECURITY (OPSEC)

5.4.1 The Contractor shall protect critical information associated with this contract to prevent unauthorized disclosure. The NSWC Philadelphia Division's (NSWCPD) Critical Information List (CIL)/ CIIL (Critical Indicators and information list) 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 NSWCPD approves the OPSEC requirements. During the period of this contract, the Contractor may be exposed to, use, or produce, NSWCPD Critical Information (CI) and/or observables and indicators which may lead to discovery of CI. NSWCPD’s 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. Questions concerning these requirements shall be directed to the PCO.

5.4.2 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.

5.4.3 NSWCPD’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 NSWCPD Public Release Authority for review.

5.4.4 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 NSWCPD Security Division (Code 105).

5.5 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.

5.6 PLANNING, PROGRAMMING, BUDGETING AND EXECUTION (PPBE) DATA.

When contractor employees, in the performance of their duties, are exposed to Planning, Programming, Budgeting and Execution (PPBE) data, a Non-Disclosure Agreement (NDA) with all affected contactor personnel must be executed in coordination with the COR and PCO to ensure safeguarding disclosure of this data.

5.7 U-NNPI SECURITY REQUIREMENTS

N/A

5.8 U-NNPI

N/A

6.0 PLACE OF PERFORMANCE

6.1.1 Performance will occur at the following Government sites: U.S. Navy vessels at sites including Norfolk, VA; Newport News, VA; Bremerton, WA; San Diego, CA; and Yokosuka, Japan, etc.

6.1.2 The specific location(s) will be provided at time of award of the Contract. The Contractor shall provide a list of employees who require access to these areas, including standard

Please elaborate on the etc. Is this for additional locations? If you know them please list all of them.

security clearance information for each person, to the Contracting Officer Representative (COR) 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 Early Dismissal and Closure of Government Facilities

6.1.3.1 When a Government facility is closed and/or early dismissal ofFederal 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.

6.1.3.2 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

7.1 The Contractor may be required to travel from the primary performance location when supporting this requirement.

Travel in support of this requirement is anticipated to include, but may not be limited to, the following alternate performance locations:

Origination Destination

Cold LLC Office in Milford, CT Norfolk, VA Cold LLC Office in Milford, CT Bremerton, WA Cold LLC Office in Milford, CT Newport News, VA Cold LLC Office in Milford, CT San Diego, CA

Cold LLC Office in Milford, CT Yokosuka, Japan

7.2 The number of times the Contractor may be required to travel to each location cited above may vary as program requirements dictate, provided that the total estimated travel cost is not exceeded. The numbers of trips and types of personnel traveling shall be limited to the minimum required to accomplish work requirements. All travel shall be established in Task Orders issues under this BOA.

We may need to be a little more specific fi we have the info for # of trips, people, etc for these locations. I’ll double check with the PCO.

7.3 All travel shall be conducted in accordance with FAR 31.205-46, Travel Costs, and B-231- H001 Travel Cost (NAVSEA) and shall be pre-approved by the COR (CDRL A002).

7.4 Travel Costs

7.4.1 The current “maximum per diem” rates are set forth in the (i) Federal Travel Regulations for travel in the Continental United States; (ii) Joint Travel Regulations for Overseas Non- Foreign areas (e.g., Alaska, Hawaii, Guam, Puerto Rico, etc.); and (ii) Department of State (DOS) prescribed rates for foreign overseas locations.

7.5 OCONUS Contractor Personnel Travel During COVID-19

In consideration of personnel movement during the COVID-19 pandemic, Force Health Protection (FHP) guidance has been issued for contractor personnel who travel OCONUS for deployment and for conducting official travel OCONUS as well. Entry requirements are communicated to traveling personnel, including contractor personnel, through the Electronic Foreign Clearance Guide (EFCG). Contractor personnel must adhere to current country entry requirements of the respective geographic combatant command (GCC) (which may include screening, ROM, and testing) and all applicable host nation procedures. All contracts including performance outside the United States require DoD contractor personnel to complete a risk assessment of health status.

8.0 GOVERNMENT FURNISHED PROPERTY

N/A

9.0 GOVERNMENT FURNISHED INFORMATION

N/A

10.0 SPECIAL REQUIREMENTS

10.1 Quality Management System

10.1.1 The contractor shall maintain a Quality Management System (QMS) in accordance with ASQ/ANSI/ISO 9001:2015 standards per Naval Sea Systems Command (NAVSEA) QMS Acceptance Authority or appropriate directorate requirements. All QMS packages are required to adhere to applicable NAVSEA Technical Specification 9090-310 and NAVSEA Standard Item 009-04 requirements.

10.1.2 The contractor shall notify NSWCPD’s Quality Department in writing when any changes are made to the QMS that may affect work defined in accordance with NAVSEA Technical Specification 9090-310.

10.1.3 The contractor shall ensure its QMS Level 3 specific work procedures relevant to the requirements of the Solicitation, including the SOW at the Task Order level (i.e. welding, etc.).

10.2 Risk Management

10.2.1 The contractor shall develop an internal risk management program and work jointly with NSWCPD Code 418 to develop an overall risk management program.

Please confirm no GFP is required at any time of this contract. I think there was a mention of possible GFP earlier in this document, possibly in the templated section of the document.

10.2.2 Assign responsibility for risk mitigation activities, and monitor progress through a formal tracking system.

10.2.3 Conduct risk identification and analysis during all phases of the program, including proposal development. Develop appropriate risk mitigation strategies and plans.

10.2.4 Use projected consequences of high probability risks to help establish the level of management reserve and schedule reserve.

10.2.5 Assess impact of identified performance, schedule and costs risks to estimate at completion, and include in the estimate as appropriate. Develop a range of estimates (best case, most likely, worst case).

10.2.6 The Contractor shall capture risks and associated mitigation plans in a risk database and provide status updates to the Government for all documented risks upon request.