Contract - N6449826D1011.pdf
PDF 3 MB Posted
- Solicitation number
- N64498-24-RFPREQ-PD-42-0053
About this file
This is a Contract Award Notice and Standard Form 33 for US Navy Submarine Emergency Diesel Generator (EDG) Fairbanks Morse Opposed Piston (FMOP) Global Repair Services. The contract was awarded to Fairbanks Morse, LLC on June 9, 2026, under contract number N6449826D1011. The total contract value is $6,722,318.41, with a contract minimum of $500 and maximum of $6,722,318.41 per order. The contract employs a Cost-Plus-Fixed-Fee (CPFF) pricing structure with a 60-month ordering period from June 9, 2026, to June 8, 2031. The primary line item (CLIN 0001) specifies 16,080 labor hours at $241.24 per hour with a fixed fee of $24.12 per hour, generating an estimated cost of $3,831,175.76 plus fixed fee of $383,117.58. Additional CLINs cover Other Direct Costs (ODCs) including travel and materials ($930,258.92 estimated cost), ODCs for subcontractor specialized services ($1,434,332.86 estimated cost with $143,433.29 fixed fee), and completion orders ($1.00 CPFF). The contract includes a maximum fixed fee rate of 10 percent and a maximum pass-through rate to subcontractors. The contracting activity is Naval Surface Warfare Center Philadelphia Division (NSWCPD), with the Procuring Contracting Officer being Dustin Bordelon, the Contracting Officer's Representative being Lauren Markey, and the Technical Point of Contact being Stephen Kovacs.
The statement of work involves providing global repair services for Navy submarine emergency diesel generators, classified under NAICS 541330 and Product Service Code J028. Performance is required at NSWCPD Philadelphia, located at 1601 Langley Avenue, Building 542, Philadelphia, PA 19112. The contract incorporates extensive Navy-specific clauses including requirements for quality management systems (ASQ/ANSI/ISO 9001:2015), calibration system requirements, safety and health standards for ship repair, protection of vessel procedures, access controls for non-U.S. citizens, data requirements via the eCRAFT system, and electronic invoicing through Wide Area Workflow (WAWF). Payment instructions specify submission of cost vouchers through WAWF with routing to DoDAAC N64498 (admin), N68732 (pay official), and DCAA auditor HAA643. The contract includes a 15 percent withhold on fixed fee payments until $100,000 is withheld, with release per FAR 52.216-8. Additional key terms include provisions for level of effort requirements, travel cost reimbursement restrictions, maximum contractor profit/fee limitations, post-award meetings within a specified timeframe, and expedited contract closeout procedures with a $1,000 residual dollar waiver threshold.
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Text version
SECTION
15A. NAME AND
ADDRESS
OF OFFEROR
SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.
RATING PAGE OF PAGES
2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER
CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR
INFORMATION
CALL:
A. NAME B. TELEPHONE (NO COLLECT CALLS)
AREA CODE NUMBER EXTENSION
C. EMAIL ADDRESS
11. TABLE OF CONTENTS
(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION
A B C D E F G H
I
J
K
L
M EVALUATION FACTORS FOR AWARD
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
PART IV - REPRESENTATIONS AND INSTRUCTIONS
LIST OF ATTACHMENTS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
CONTRACT CLAUSESSOLICITATION/CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/COSTS
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
PACKAGING AND MARKING
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
CONTRACT ADMINISTRATION DATA
SPECIAL CONTRACT REQUIREMENTS
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
OFFER (Must be fully completed by offeror)
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause Number 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):
10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)
DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE
CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print)
15B. TELEPHONE NUMBER
AREA CODE NUMBER EXTENSION
15C. CHECK IF REMITTANCE ADDRESS IS
DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
17. SIGNATURE 18. OFFER DATE
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE
UNITED STATES CODE AT:
10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)
24. ADMINISTERED BY (If other than Item 7)
26. NAME OF CONTRACTING OFFICER (Type or print)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
25. PAYMENT WILL BE MADE BY
27. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
28. AWARD DATE
CODE
ITEM
STANDARD FORM 33 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.214 (c)
SEALED BID (IFB) INVITATION FOR BID
NEGOTIATED (RFP) REQUEST FOR
PROPOSAL
(Hour) (Date)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
Section A - Solicitation/Contract Form
US Navy Submarine EDG (FMOP) Global Repair Services
North American Industry Classification System (NAICS): 541330
Product Service Code: J028 Date: 25 Mar 2025
N6449826D1011
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Total Contract Minimum: 500.00 Dollars, U.S.
Maximum: 6,722,318.41 Dollars, U.S.
Allowed Per Order Minimum: 500.00 Dollars, U.S.
Maximum: 6,722,318.41 Dollars, U.S.
Item Supplies/Service Estimated Quantity
Unit Unit Price Amount
EDG Global Repair Services, Cost-Plus-Fixed-Fee, Level-of-effort
Product Service Code: J028 Pricing Arrangement: Cost Plus Fixed Fee
16,080 Labor Hours
Fixed Fee
USD 383,117.58
Estimated Cost
USD 3,831,175.76
Other Direct Costs (ODCs) in support of CLIN 0001, to be entered at time of award. The offeror shall propose the Not-To-Exceed (NTE) amount of $723,366.11 plus any applicable indirect burden. The NTE amount includes Travel and Material.
Product Service Code: J028 Pricing Arrangement: Cost No Fee
1 Lot
Estimated Cost
USD 930,258.92
Other Direct Costs (ODCs) (CPFF) in support of CLIN 0001, to be entered at time of award. The offeror shall propose the Not-To-Exceed (NTE) amount of $1,297,803.89 plus any applicable indirect burden. The NTE amount includes Subcontractor Specialized Services.
Product Service Code: J028 Pricing Arrangement: Cost Plus Fixed Fee
1 Lot
Fixed Fee
USD 143,433.29
Estimated Cost
USD 1,434,332.86
Cost Plus Fixed Fee (CPFF) Completion Orders - This CLIN is for Completion Orders when appropriated
Product Service Code: J028 Pricing Arrangement: Cost Plus Fixed Fee
Fixed Fee
USD 1.00
Estimated Cost
USD 1.00
CDRLs Not Separately Priced (NSP)
Product Service Code: J028 Pricing Arrangement: Cost Plus Fixed Fee
Cost Constraint Not Separately Priced
Contractor Acquired Property Not Separately Priced
(NSP)
Cost Constraint Not Separately Priced
Product Service Code: J028 Pricing Arrangement: Cost Plus Fixed Fee
Additional Regulation or Supplemental Clauses Incorporated by Full Text
B-215-H001 MAXIMUM RATES (Oct 2018)
(a) Maximum Pass Through Rates - Applicable to all Task Orders Types. The pass through rate is defined as the cumulative amount of the two elements listed below divided by the price paid to the subcontractor or the vendor:
(1) any and all prime contractor indirect costs including, but not limited to: overhead, material handling charges, G&A, burdens and mark-ups; and
(2) any and all prime contractor profit or fee*
*For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, or "fixed fee" in cost-plus-fixed-fee type contracts.
(b) The Contractor agrees that the maximum pass-through rate that shall be charged against any non-ODC CLIN where labor is proposed under this contract shall not exceed N/A . For purposes of the maximum pass-through, any effort provided by a division, subsidiary or any other entity of the % prime contractor shall not be considered subcontracted effort and all fee/profit must be provided at the prime level subject to the limitations specified in this contract.
(c) Maximum Profit/Fee Rate - Applicable to Cost Plus Fixed Fee CLINs Only. Contractor compliance with the maximum fee rate on CPFF CLINs is applicable at the time of task order award and is based on the ratio of fixed fee to the estimated cost. A proposed fee at the task order level that is higher than the maximum fee rate stated in the offeror's base contract shall render the contractor's proposal unacceptable. The Contractor agrees that the maximum fixed fee rate shall not exceed 10 . Fee becomes a fixed dollar amount at the time of task order award and is subject to the provisions % of the Level of Effort clause of the task order. The maximum fee rate being proposed at the task order level by the prime contractor shall flow down to all subcontractors/consultants included as part of your (the Prime) proposal.
(d) Other Direct Costs and Travel. No fee is allowed on Other Direct Costs or Travel. Indirect cost elements such as G&A and material handling may be applied to ODCs but may not include fee.
(End of text)
B-216-H006 FEE TABLE (NAVSEA) (MAR2019) (Mar 2019)
Labor CLIN Labor Hours Cost Per Hour* Fee Rate Per Hour* Loaded Hourly Rate
0001 16,080 $241.24 $24.12 $265.37
*The offeror shall divide the proposed fee for each CLIN by the quantity of labor hours indicated to complete the table. Fee is calculated based on cost less FCCOM; if FCCOM is proposed, necessary columns may be added.
In the event of any inconsistency between the above table and the CLIN pricing, the CLIN pricing shall take precedence.
(End of Text)
B-231-H001 TRAVEL COSTS (NAVSEA) (OCT 2018) (Oct 2018)
(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its actual travel costs in accordance with FAR 31.205-46. The travel costs to be reimbursed shall be those costs for which the Contractor has maintained appropriate documentation and which have been determined to be allowable, allocable, and reasonable by the Procuring Contracting Officer, Administrative Contracting Officer, or their duly authorized representative.
(b) Reimbursable travel costs include only that travel performed from the Contractor's facility to the worksite, in and around the worksite, and from the worksite to the Contractor's facility.
(c) Relocation costs and travel costs incidental to relocation are allowable to the extent provided in FAR 31.205-35; however, Procuring Contracting Officer approval shall be required prior to incurring relocation expenses and travel costs incidental to relocation.
(d) The Contractor shall not be reimbursed for the following daily local travel costs:
(i) travel at U.S. Military Installations where Government transportation is available,
(ii) travel performed for personal convenience/errands, including commuting to and from work, and
(iii) travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor's or employee's convenience.
(End of Text)
B-231-H002 WORKSITE TRAVEL COSTS (NAVSEA) (OCT 2018) (Oct 2018)
(a) The contractor shall not charge, and the Government shall not pay, as an allowable cost under this contract, any manhour costs (whether straight-time or overtime) for contractor personnel or subcontractor personnel traveling to or from worksites, including travel to worksites other than the contractor's facility for performance of contract work.
(b) Workers being paid under this contract, as prime contractor personnel or subcontractor personnel, will complete a full shift at the worksite, and no compensation will be paid for travel time before or after the shift.
(c) This requirement pertains only to payments for travel time before or after these workers' regular shifts (commuting costs), and does not apply to legitimate travel costs incurred during normal working hours, provided that those costs are otherwise reasonable, allocable and allowable and approved in writing by the Government. This requirement does not apply to manufacturer's representatives or Original Equipment Manufacturer (OEM) representatives when specifically required by the Government work specifications.
(d) Additionally, the contractor shall not charge, and the Government shall not pay, any transportation costs under this contract associated with transporting contractor or subcontractor personnel between the contractor's facility (or subcontractor's facility), and any other worksite to perform ship repair, maintenance or modernization. Transportation costs include, but are not limited to, bus fare, car fare, train fare, or boat fare, paid by the workforce, or paid by the contractor on behalf of the work force.
(End of Text)
B-232-H003 PAYMENTS OF FEE (S) (COMPLETION) (NAVSEA) (OCT 2018) (Oct 2018)
(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, or "fixed fee" in cost-plus-fixed-fee type contracts.
(b) The Government shall make payments to the Contractor, subject to and per the clause in this contract entitled "Fixed Fee" (FAR 52.216-8) or "Incentive Fee", (FAR 52.216-10), as applicable. Such payments shall be equal to percent ( %) of the allowable cost of each invoice ten 10 submitted by and payable to the Contractor pursuant to the clause of this contract entitled "Allowable Cost And Payment" (FAR52.216-7), subject to the withholding terms and conditions of the "Fixed Fee" or "Incentive Fee" clause, as applicable (percentage of fee payable is based on fee dollars divided by estimated cost dollars including facilities capital cost of money). Fee shall not be applied on Facilities Capital Cost of Money per FAR 15.404-4(c)(3) and DFARS 215-404-71-4. Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract.
(c) In the event of discontinuance of the work under this contract, or any specified phase of the contract, per the clause of this contract entitled "Limitation of Funds" (FAR 52.232-22) or "Limitation of Cost" (FAR 52.232-20), as applicable, the fee shall be equitably adjusted by mutual agreement to reflect the diminution of work. If the adjusted fee is less than the sum of all fee payments made to the Contractor under this contract, the Contractor shall repay the excess amount to the Government. If the adjusted fee exceeds all payments made to the Contractor under this contract, the Contractor shall be paid the additional amount, subject to the availability of funds. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract at the time of the discontinuance of work.
(d) Fee(s) withheld pursuant to the terms and conditions of this contract shall not be paid until the contract has been modified to reduce the fee(s) per paragraph(c) above, or until the Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required.
(End of Text)
B-232-H006 LIMITATION OF COST OR LIMITATION OF FUNDS CLARIFICATION (Oct 2018)
The clause entitled "Limitation of Cost" (FAR 52.232-20) or "Limitation of Funds" (FAR 52.232-22), as appropriate, shall apply separately and independently to each separately identified estimated cost.
(End of Text)
B-232-H005 PAYMENTS OF FEE(S) (LEVEL OF EFFORT)--ALTERNATE I (Oct 2018)
(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, or "fixed fee" in cost-plus-fixed-fee type contracts.
(b) The Government shall make payments to the Contractor, subject to and per the clause in this contract entitled "Fixed Fee" (FAR 52.216-8) or "Incentive Fee", (FAR 52.216-10), as applicable. Such payments shall be submitted by and payable to the Contractor pursuant to the clause of this contract entitled "Allowable Cost and Payment" (FAR 52.216-7), subject to the withholding terms and conditions of the "Fixed Fee" or "Incentive Fee" clause, as applicable. Fee paid per hour shall be based on total fee dollars divided by total hours to be provided. Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract.
(End of Text)
Section C - Description/Specifications/Statement of Work
Statement of Work is attached in Section J.
Requirements US Navy Submarine EDG (FMOP) Global Repair Services
Additional Regulation or Supplemental Clauses Incorporated by Full Text
C-202-H001 ADDITIONAL DEFINITIONS--BASIC (Oct 2018)
(a) Department means the Department of the Navy.
(b) Commander, Naval Sea Systems Command means the Commander of the Naval Sea Systems Command of the Department of the Navy or his duly appointed successor.
(c) References to The Federal Acquisition Regulation (FAR) All references to the FAR in this contract shall be deemed to also reference the appropriate sections of the Defense FAR Supplement (DFARS), unless clearly indicated otherwise.
(d) National Stock Numbers Whenever the term Federal Item Identification Number and its acronym FIIN or the term Federal Stock Number and its acronym FSN appear in the contract, order or their cited specifications and standards, the terms and acronyms shall be interpreted as National Item Identification Number (NIIN) and National Stock Number (NSN) respectively which shall be defined as follows:
(1) . The number assigned to each approved Item Identification under the National Item Identification Number (NIIN) Federal Cataloging Program. It consists of nine numeric characters, the first two of which are the National Codification Bureau (NCB) Code. The remaining positions consist of a seven digit nonsignificant number.
(2) . The National Stock Number (NSN) for an item of supply consists of the applicable National Stock Number (NSN) four-position Federal Supply Class (FSC) plus the applicable nine-position NIIN assigned to the item of supply.
(Endof Text)
C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (Oct 2018)
(a) NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as "protected information". File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.
(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:
(1) The support contractor not disclose any information;
(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;
(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,
(4) In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.
(c) Execution of this contract by the contractor is considered consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file room management support contractor for the limited purpose of executing its file room support contract responsibilities.
(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.
(End of Text)
C-211-H016 SPECIFICATIONS AND STANDARDS (NAVSEA) (OCT 2018) (Oct 2018)
(a) Definitions.
(i) A "zero-tier reference" is a specification, standard, or drawing that is cited in the contract (including its attachments).
(ii) A "first-tier reference" is either: (1) a specification, standard, or drawing cited in a zero-tier reference, or (2) a specification cited in a first-tier drawing.
(b) Requirements. All zero-tier and first-tier references, as defined above, are mandatory for use. All lower tier references shall be used for guidance only unless specifically identified below.
(End of Text)
C-211-H020 PROTECTION OF THE VESSEL (NAVSEA) (MAR 2019) (Mar 2019)
(a) The Contractor shall exercise reasonable care, as agreed upon with the Supervisor, to protect the vessel from fire, and shall maintain a system of inspection over the activities of its welders, burners, riveters, painters, pipe fitters, and similar workers, and of its subcontractors, particularly where such activities are undertaken in the vicinity of the vessel's magazines, fuel oil tanks, or store rooms containing inflammable materials. All ammunition, fuel oil, motor fuels, and cleaning fluids shall have been offloaded and the tanks cleaned, except as may be mutually agreed upon between the Contractor and the Supervisor prior to work on the vessel by the Contractor. Fire hose lines shall be maintained by the Contractor ready for immediate use on the vessel at all times while the vessel is berthed alongside the Contractor's pier or in dry dock. All tanks under alteration or repair shall be cleaned, washed, and steamed out or otherwise made safe to the extent necessary, and the Contractor shall furnish the vessel's Gas Free Officer and the Supervisor with a "Gas Chemists' Certificate" before any hot work is done. The Contractor shall maintain a fire watch aboard the vessel in areas where the Contractor is working. All other fire watches aboard the vessel shall be the responsibility of the Government.
(b) Except as otherwise provided in contractually invoked technical specifications or NAVSEA furnished directives, while the vessel is at the Contractor's plant and when the temperature becomes as low as thirty five degrees Fahrenheit, the Contractor shall assist the Government when requested in keeping all pipelines, fixtures, traps, tanks, and other receptacles on the vessel drained to avoid damage from freezing, or if this is not practicable, the vessel shall be kept heated to prevent such damage. The vessel's stern tube and propeller hubs shall be protected by the Contractor from frost damage by applied heat through the use of a salamander or other proper means.
(c) The work shall, whenever practicable, be performed in such manner as not to interfere with the work performed by military personnel attached to the vessel, and provisions shall be made so that personnel assigned shall have access to the vessel at all times, it being understood that such personnel will not unduly interfere with the work of the Contractor's workmen.
(d) The Contractor shall at all times keep the site of the work on the vessel free from accumulation of waste material or rubbish caused by its employees, or the work performed by the Contractor in accordance with this contract, and at the completion of such work shall remove all rubbish from and about the site of the work, and shall leave the work in its immediate vicinity "broom clean", unless more exactly specified by the Supervisor.
(End of Text)
C-211-H001 ACCESS TO THE VESSEL(S) (Oct 2018)
Officers, employees and associates of other prime Contractors with the Government and their subcontractors, shall, as authorized by the Supervisor, have, at all reasonable times, admission to the plant, access to the vessel(s) where and as required, and be permitted, within the plant and on the vessel(s) required, to perform and fulfill their respective obligations to the Government. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Supervisor to be given admission to the plant and access to the vessel(s) for office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of the respective responsibilities involved, and reasonable to their performance.
(End of Text)
C-222-H001 ACCESS TO THE VESSELS BY NON-U.S. CITIZENS (NAVSEA) (APR 2019) (Apr 2019)
(a) No person not known to be a U.S. citizen shall be eligible for access to naval vessels, work sites and adjacent areas when said vessels are under construction, conversion, overhaul, or repair, except upon a finding by COMNAVSEA or his designated representative that such access should be permitted in the best interest of the United States. The Contractor shall establish procedures to comply with this requirement and NAVSEAINST 5510.2D.
(b) If the Contractor desires to employ non-U.S. citizens in the performance of work under this contract or agreement that requires access as specified in paragraph (a) of this requirement, approval must be obtained prior to access for each contract or agreement where such access is required. To request such approval for non-U.S. citizens of friendly countries, the Contractor shall submit to the cognizant Contract Administration Office (CAO), an Access Control Plan (ACP) which shall contain as a minimum, the following information:
(1) Badge or Pass oriented identification, access, and movement control system for non-U.S. citizen employees with the badge or pass to be worn or displayed on outer garments at all times while on the Contractor's facilities and when performing work aboard ship.
(i) Badges must be of such design and appearance that permits easy recognition to facilitate quick and positive identification.
(ii) Access authorization and limitations for the bearer must be clearly established and in accordance with applicable security regulations and instructions.
(iii) A control system, which provides rigid accountability procedures for handling lost, damaged, forgotten or no longer required badges, must be established.
(iv) A badge or pass check must be performed at all points of entry to the Contractor's facilities or by a site supervisor for work performed on vessels outside the Contractor's plant.
(2) Contractor's plan for ascertaining citizenship and for screening employees for security risk.
(3) Data reflecting the number, nationality, and positions held by nonU.S. citizen employees, including procedures to update data as nonU.S. citizen employee data changes, and pass to cognizant CAO
(4) Contractor's plan for ensuring subcontractor compliance with the provisions of the Contractor's ACP.
(5) These conditions and controls are intended to serve as guidelines representing the minimum requirements of an acceptable ACP. They are not meant to restrict the Contractor in any way from imposing additional controls necessary to tailor these requirements to a specific facility.
(c) To request approval for non-U.S. citizens of hostile and/or communist-controlled countries (listed in Department of Defense Industrial Security Manual, DOD 5220.22-M or available from cognizant CAO), Contractor shall include in the ACP the following employee data: name, place of birth, citizenship (if different from place of birth), date of entry to U.S., extenuating circumstances (if any) concerning immigration to U.S., number of years employed by Contractor, position, and stated intent concerning U.S. citizenship. COMNAVSEA or his designated representative will make individual determinations for desirability of access for the above group. Approval of ACP's for access of non-U.S. citizens of friendly countries will not be delayed for approval of non-U.S. citizens of hostile communist-controlled countries. Until approval is received, Contractor must deny access to vessels for employees who are non-U.S. citizens of hostile and/or communist-controlled countries.
(d) The Contractor shall fully comply with approved ACPs. Noncompliance by the Contractor or subcontractor serves to cancel any authorization previously granted, in which case the Contractor shall be precluded from the continued use of non-U.S.
citizens on this contract or agreement until such time as the compliance with an approved ACP is demonstrated and upon a determination by the CAO that the Government's interests are protected. Further, the Government reserves the right to cancel previously granted authority when such cancellation is determined to be in the Government's best interest. Use of non-U.S.
citizens, without an approved ACP or when a previous authorization has been canceled, will be considered a violation of security regulations. Upon confirmation by the CAO of such violation, this contract, agreement or any job order issued under this agreement may be terminated for default in accordance with the clause entitled "Default (Fixed-Price Supply And Service)" (FAR 52.249-8), "Default (Fixed-Price Research And Development)" (FAR 52.249-9) or "Termination (Cost Reimbursement)" (FAR 52.249-6), as applicable.
(e) Prime Contractors have full responsibility for the proper administration of the approved ACP for all work performed under this contract or agreement, regardless of the location of the vessel, and must ensure compliance by all subcontractors, technical representatives and other persons granted access to U.S. Navy vessels, adjacent areas, and work sites.
(f) In the event the Contractor does not intend to employ non-U.S. citizens in the performance of the work under this contract, but has non-U.S. citizen employees, such employees must be precluded from access to the vessel and its work site and those shops where work on the vessel's equipment is being performed. The ACP must spell out how non-U.S. citizens are excluded from access to contract work areas.
(g) The same restriction as in paragraph (f) above applies to other non-U.S. citizens who have access to the Contractor's facilities (e.g., for accomplishing facility improvements, from foreign crewed vessels within its facility, etc.) except that, with respect to access to the vessel and worksite, the restrictions shall not apply to uniformed U.S. Navy personnel who are non-U.S.
citizens and who are either assigned to the ship or require access to the ship to perform their duties.
(End of Text)
C-223-H002 SAFETY, HEALTH AND FIRE REQUIREMENTS FOR SHIP REPAIR (NAVSEA)
(JAN 2019)
(Jan 2019)
(a) Attention of the Contractor is directed to the Occupational Safety and Health Act of 1970 (29 USC 651-678), and to the Safety and Health Regulations for Ship Repairing (29 CFR 1915), promulgated under Public Law 85-742, amending Section 41 of the Longshoremen's and Harbor Workers' Compensation Act (33 USC 941), and adopted by the Department of Labor as occupational safety or health standards under Section 6(a) of the Occupational Safety and Health Act of 1970 (See 29 CFR 1910.13). These regulations apply to all ship repair and related work, as defined in the regulations performed under this contract on the navigable waters of the United States including any dry dock and marine railway. Nothing contained in this contract shall be construed as relieving the Contractor from any obligations which it may have for compliance with the aforesaid regulations.
(b) SAFETY INSPECTOR/FIRE MARSHAL: In addition to the safety standards provided in the specifications, the contractor is responsible for providing an experienced Safety Inspector/Fire Marshal who will accomplish daily inspections of the Contractor's entire work area on the ship, together with the Contracting Office's Safety Representative. This Inspector or Fire Marshal shall not be one of the Contractor's supervisors or superintendents normally assigned to the ship and shall be identified in the contractor's approved Safety Plan.
(c) PERSONAL PROTECTIVE EQUIPMENT: Whenever work is performed aboard U.S. Naval Ships or vessels at piers or dry docks of a Naval Shipyard or Naval Station, Contractor employees (including management personnel) shall have and use at all times the following personal protective equipment:
(1) Protective hard hats that meet the following specifications:
(i) Protective helmets purchased after July 5, 1994 shall comply with ANSI Z89.1-1986, "American National Standard for Personnel Protection-Protective Headwear for Industrial Workers-Requirements," or shall be demonstrated by the Contractor to be equally effective.
(ii) Protective helmets purchased before July 5, 1994 shall comply with ANSI Standard "American National Standard Safety requirements for Industrial Head Protection," Z89.1-1969, or shall be demonstrated by the employer to be equally effective. [Ref. 29 CFR 1910.135 Head Protection]
(2) Approved type Plano or prescription glasses meeting the following specifications:
(i) Protective eye and face devices purchased after July 5, 1994 shall comply with ANSI standard Z87.1-1989, "American National Standard Practice for Occupational and Educational Eye and Face Protection", or shall be demonstrated by the employer to be equally effective.
(ii) Protective eye and face devices purchased before July 5, 1994 shall comply with ANSI "USA standard for Occupational and Educational Eye and Face Protection", Z87.1-1968, or shall be demonstrated by the employer to be equally effective. [Ref. 29 CRF 1910.133 Protective eye and face devices.]
(3) Safety toe shoes, with built-in protective toe box that meet the following specifications:
(i) Protective footwear purchased after July 5, 1994 shall comply with ANSI Standard Z41-1991, "American National Standard for Personal Protection-Protective Footwear", or shall be demonstrated by the employer to be equally effective.
(ii) Protective footwear purchased before July 5, 1994 shall comply with the ANSI standard "USA Standard for Men's Safety Toe Footwear", Z41.1 1967, or shall be demonstrated by the employer to be equally effective [Ref. 29 CFR 1910.136 Protective eye and face devices.]
(End of Text)
C-223-W002 ON-SITE SAFETY REQUIREMENTS (NAVSEA) (OCT 2018) (Oct 2018)
(a) The contractor shall ensure that each contractor employee reads any necessary safety documents within 30 days of commencing performance at any Government facility. Required safety documents can be obtained from the respective safety office. Contractors shall notify the Safety office points of contact below to report completion of the required training via email. The email shall include the contractor employee's name, work site, and contract number.
(b) It is expected that contractor employees will have received training from their employer on hazards associated with the areas in which they will be working and know what to do in order to protect themselves. Contractors are required to adhere to the requirements of 29 CFR 1910, 29 CFR 1926 and applicable state and local requirements while in Government spaces. The contractor shall ensure that all on-site contractor work at the Government facility is in accordance with any local safety instructions as provided via the COR. The contractor shall report all work-related injuries/illnesses that occurred while working at the Government site to the COR.
(c) Contractors whose employees perform work within Government spaces in excess of 1000 hours per calendar quarter during a calendar year shall submit the data elements on OSHA Form 300A, Summary of Work Related Injuries and Illnesses, for those employees to the safety office via the COR by 15 January for the previous calendar year, even if no work related injuries or , illnesses occurred. If a contractor's injury/illness rates are above the Bureau of Labor Statistics industry standards, a safety assessment may be performed by the Safety Office to determine if any administrative or engineering controls can be utilized to prevent further injuries/illnesses, or if any additional Personal Protective Equipment or training will be required.
(d) Any contractor employee exhibiting unsafe behavior may be removed from the Government site. Such removal shall not relieve the contractor from meeting its contractual obligations and shall not be considered an excusable delay as defined in FAR 52.249-14.
(e) The Safety Office points of contacts are as follows:
Ms. Jennifer Stager (jennifer.l.stager.civ@us.navy.mil (Paragraph a), Mr. Dave Decker ( ) david.j.decker16.civ@us.navy.mil (Paragraphs b-e).
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C-227-H006 DATA REQUIREMENTS (NAVSEA) (OCT 2018) (Oct 2018)
The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form 1423, Exhibit(s) J , attached hereto.
CDRL No. Title Data Item Description Pages Exhibit
A001 Contract Status Report DI-MGMT-81991 3 A
N6449826D1011 mailto:jennifer.l.stager.civ@us.navy.mil mailto:david.j.decker16.civ@us.navy.mil
A002 TRAVEL/TRIP REPORT DI-MISC-81943 3 B
A004 Project Planning Chart DI-MGMT-80507C 3 D
A005 Condition Found Report (CFR) DI-MGMT-81648A 3 E
A006 Government Furnished Property (GFP) Inventory Baseline Report DI-MGMT-80441D 3 F
A007 Government Furnished Property (GFP) Inventory Periodic Report DI-MGMT-80441D 3 G
A008 Government Furnished Property (GFP) Inventory Final Report DI-MGMT-80441D 3 H
A009 Technical Report - Study/Services DI-MISC-80508B 3 J
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C-227-H014 PROTECTION OF DEPARTMENT OF NAVY TRADEMARKS - BASIC (NAVSEA)
(JUL 2021)
(Jul 2021)
(a) The contractor shall not assert any claim, in any jurisdiction, based on trademark or other name or design-based causes of action that are based on rights the contractor believes it has in the term(s) (the "Designation(s)"), against the Government TBD, or others authorized by the Government to use the Designation(s) (including the word(s), name, symbol, or design) acting within the scope of such authorization (i.e. claims for trademark infringement, dilution, trade dress infringement, unfair competition, false advertising, palming off, passing off, or counterfeiting). Such authorization shall be implied by the award of a Government contract to any party for the manufacture, production, distribution, use, modification, maintenance, sustainment, or packaging of the products and services identified under this contract, and the scope of such implied authorization is defined as the use of the Designation(s) in performance under such contract by the prime contractor and its subcontractors and suppliers at any tier. In all other cases, the scope of the authorization will be defined by the Government in writing.
(b) The contractor shall notify the contracting officer at least 30 days before asserting rights in, or filing an application to register, any one of the Designation(s) in any jurisdiction within the United States. Any such notification shall be in writing and shall identify the Designation(s) (including the word(s), name, symbol, or design), provide a statement as to its intended use(s) in commerce, and list the particular classes of goods or services in which registration will be sought.
(End of Text)
C-228-H001 INDEMNIFICATION FOR ACCESS TO VESSEL (NAVSEA) (DEC 2018) (Dec 2018)
Notwithstanding any provision in the "Access to Vessel" clause (DFARS 252.217- 7011), or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other prime contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.
(End of Text)
C-237-W001 ELECTRONIC COST REPORTING AND FINANCIAL TRACKING (eCRAFT)
SYSTEM REPORTING (NAVSEA) (MAY 2022)
(May 2022)
(a) The Contractor agrees to upload the Contractor's Funds and Man-hour Expenditure Reports in the Electronic Cost Reporting and Financial Tracking (eCRAFT) System and submit the Contract Status Report on the day and for the same timeframe the contractor submits an invoice into the Wide Area Workflow (WAWF) module on the Procurement Integrated Enterprise Environment (PIEE) system. Compliance with this requirement is a material requirement of this contract. Failure to comply with this requirement may result in contract termination.
(b) The Contract Status Report indicates the progress of work and the status of the program and of all assigned tasks. It informs the Government of existing or potential problem areas.
(c) The Contractor's Fund and Man-hour Expenditure Report reports contractor expenditures for labor, materials, travel, subcontractor usage, and other contract charges.
(1) Access: eCRAFT: Reports are uploaded through the eCRAFT System Periodic Report Utility (EPRU). The EPRU spreadsheet and user manual can be obtained at: https://www.navsea.navy.mil/Home/Warfare-Centers/NUWC-Newport /Partnerships/Commercial-Contracts/Information-eCraft-/ under eCRAFT information. The link for eCRAFT report submission is: https://www.pdrep.csd.disa.mil/pdrep_files/other/ecraft.htm. If you have problems uploading reports, please see the Frequently Asked Questions at the site address above.
(2) Submission and Acceptance/Rejection: The contractor shall submit their reports on the same day and for the same timeframe the contractor submits an invoice in WAWF. The amounts shall be the same. eCRAFT acceptance/rejection will be indicated by e-mail notification from eCRAFT.
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C-242-H002 POST AWARD MEETING (NAVSEA) (OCT 2018) (Oct 2018)
(a) A post-award meeting with the successful offeror will be conducted within TBD days after award of the [contract / task order]. The meeting will be held at the address below:
Location/Address:
Naval Surface Warfare Center, Philadelphia Building 4
5001 S. Broad Street Philadelphia, PA 19112
(b) The contractor will be given 5 working days notice prior to the date of the meeting by the Contracting Officer.
(c) The requirement for a post-award meeting shall in no event constitute grounds for excusable delay by the contractor in performance of any provisions in the [contract / task order].
(d) The post-award meeting will include, but is not limited to, the establishment of work level points of contact, determining the administration strategy, roles and responsibilities, and ensure prompt payment and close out. Specific topics shall be mutually agreed to prior to the meeting.
(End of Text)
C-242-H001 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (OCT 2018) (Oct 2018)
N6449826D1011 https://www.navsea.navy.mil/Home/Warfare-Centers/NUWC-Newport/Partnerships/Commercial-Contracts/Information-eCraft-/ https://www.navsea.navy.mil/Home/Warfare-Centers/NUWC-Newport/Partnerships/Commercial-Contracts/Information-eCraft-/ https://www.pdrep.csd.disa.mil/pdrep_files/other/ecraft.htm
(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.
(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.
(End of Text)
C-242-H003 TECHNICAL INSTRUCTIONS (NAVSEA) (OCT 2018) (Oct 2018)
(a) Performance of the work hereunder may be subject to written technical instructions signed by the Contracting Officer and the Contracting Officer's Representative specified in Section G of this contract. As used herein, technical instructions are defined to include the following:
(1) Directions to the Contractor which suggest pursuit of certain lines of inquiry, shift work emphasis, fill in details or otherwise serve to accomplish the contractual statement of work.
(2) Guidelines to the Contractor which assist in the interpretation of drawings, specifications or technical portions of work description.
(b) Technical instructions must be within the general scope of work stated in the contract. Technical instructions may not be used to: (1) assign additional work under the contract; (2) direct a change as defined in the "CHANGES" clause of this contract;
(3) increase or decrease the contract price or estimated contract amount (including fee), as applicable, the level of effort, or the time required for contract performance; or (4) change any of the terms, conditions or specifications of the contract.
(c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor shall notify the Contracting Officer in writing within ten (10) working days after the receipt of any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contractor is notified by the Contracting Officer that the technical instruction is within the scope of this contract.
(d) Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work statement which is not affected by the disputed technical instruction.
(End of Text)
C-244-H002 SUBCONTRACTORS/CONSULTANTS (NAVSEA) (FEB 2023) (Feb 2023)
In addition to the information required by FAR 52.244-2(e) of the contract, when consent to subcontract is required per FAR 52.244-2, the contractor shall also include the following information in requests to add subcontractors or consultants during performance:
(1) Impact on subcontracting goals,
(2) Impact on providing support at the contracted value,
(3) IF SEAPORT TASK ORDER - The results of negotiations to incorporate fee rate caps no higher than the lower of (i) SeaPort NXG fee rate caps for the prime contractor, or in the case where the proposed subcontractor is also a SeaPort NXG prime, (ii) fee rate caps that are no higher than the subcontractor's prime SeaPort NXG contract.
(End of Text)
C-245-H006 ADDITIONAL REQUIREMENTS RELATING TO GOVERNMENT PROPERTY
(NAVSEA) (OCT 2018)
(Oct 2018)
(a) For purposes of paragraph (h) of the clause entitled "Government Property" (FAR 52.245-1) in addition to those items of property defined in that clause as Government Property, the following shall also be included within the definition of Government Property:
(1) the vessel;
(2) the equipment on the vessel;
(3) movable stores;
(4) cargo; and
(5) other material on the vessel
(b) For purposes of paragraph (b) of the clause entitled "Government Property", notwithstanding any other requirement of this contract, the following shall not be considered Government Property:
(1) the vessel;
(2) the equipment on the vessel;
(3) movable stores; and
(4) other material on the vessel
(End of Text)
C-245-H004 INFORMATION AND DATA FURNISHED BY THE GOVERNMENT--BASIC
(NAVSEA) (MAY 2019)
(May 2019)
(a) . The Government will furnish, if not included as an attachment to the contract, any unique contract Contract Specifications specifications set forth in Section C.
(b) . The Government will furnish contract drawings, design agent drawings, ship construction Contract Drawings and Data drawings, and/or other design or alteration data cited or referenced in Section C or in the contract specification as mandatory for use or for contract performance.
(c) . GFI is defined as that information essential for the installation, test, operation, Government Furnished Information (GFI) and interface support of all Government Furnished Material identified in an attachment in Section J. The Government shall furnish only the GFI identified in an attachment in Section J. The GFI furnished to the contractor need not be in any particular format. Further, the Government reserves the right to revise the listing of GFI as follows:
(1) The Contracting Officer may at any time by written order:
(i) delete, supersede, or revise, in whole or in part, data identified in an attachment in Section J; or
(ii) add items of data or information to the attachment identified in Section J; or
(iii) establish or revise due dates for items of data or information in the attachment identified in Section J.
(2) If any action taken by the Contracting Officer pursuant to subparagraph (1) immediately above causes an increase or decrease in the costs of, or the time required for, performance of any part of the work under this contract, the contractor may be entitled to an equitable adjustment in the contract amount and delivery schedule in accordance with the procedures provided for in the "CHANGES" clause of this contract.
(d) Except for the Government information and data specified by paragraphs (a), (b), and (c) above, the Government will not be obligated to furnish the Contractor any specification, standard, drawing, technical documentation, or other publication, notwithstanding anything to the contrary in the contract specifications, the GFI identified in an attachment in Section J, the clause of this contract entitled "Government Property" (FAR 52.245-1) or "Government Property Installation Operation Services" (FAR 52.245-2), as applicable, or any other term or condition of this contract.
(e) . The Government will not be obligated to furnish Government specifications and standards, Referenced Documentation including Navy standard and type drawings and other technical documentation, which are referenced directly or indirectly in the contract specifications set forth in Section C and which are applicable to this contract as specifications. Such referenced documentation may be obtained:
(1) From the ASSIST database via the internet at https://assist.dla.mil/online/start/; or
(2) By submitting a request to the
Department of Defense Single Stock Point (DoDSSP)
Building 4, Section D
700 Robbins Avenue
Philadelphia, Pennsylvania 19111-5094
Telephone (215) 697-6396
Facsimile (215) 697-9398
Commercial specifications and standards, which may be referenced in the contract specification or any sub-tier specification or standard, are not available from Government sources and should be obtained from the publishers.
(End of Text)
N6449826D1011 https://assist.dla.mil/online/start/
Section D - Packaging…
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