DD1155 N6247020F5592.pdf

6 . ISSUE D BY CODE

N6247019D1009

1 . CO N TRA CT/P U RCH . O RD E R/

A G RE E M E N T N O .

N 62470

2 . D E L IVE RY O RD E R/ CA L L N O .

N6247020F5592

32P AGE 1 OF

5 . P RIO RITY

CODE S5111A

8 . DEL IVERY FOB

DEST INAT IONX

OT HE R

(See Sch edule if o t h er)

OR D ER FOR SUPPLIES OR SER VICES

3 . D A TE O F O RD E R/CA L L

2020 A ug 19

4 . RE Q ./ P U RCH . RE Q U E ST N O .

AC QR 5792443

D C MA H AMPTON VIR GIN IA

2128 PER SH IN G AVEN U E

F OR T EU STIS VA 23604-1412

C OMMAN D ER N AVF AC ATLAN TIC

N AVY C R AN E C EN TER

N OR F OLK N AVAL SH IPY AR D

BLD G 491

POR TSMOU TH VA 23709-5000

7 . ADM INIST E RE D BY (if o th er th a n 6 )

( YYYYM M M D D )

1 0 . D E L IVE R TO FO B P O IN T BY (D ate)

( YYYYM M M D D )

MID -ATLAN TIC C R AN E AN D EQU IPMEN T C O.

3312 N OR TH SID E D R

R ALEIGH N C 27615-4128

CODE 1HLY 79 . CONT RACT OR FACIL IT Y

SEE SCHEDULE

1 2 . D ISCO U N T TE RM S

M A RK IF BU SIN E SS IS1 1 .

SM A L L

SM A L L

D ISA D VA N TA G E D

W O M E N -O W N E D

1 3 . M AIL INVOICE S T O T HE ADDRESS IN BLOCK

See Sec tion G

2 5 . T OT AL $275,381.80

D IR EC TOR , N AVY C R AN E C EN TER

AN D R EW R (R U SS) W ILLIAMS

N AVAL F AC ILITIES EN GIN EER IN G C OMMAN D

N OR F OLK N AVAL SH IPY AR D

BLD G 491

POR TSMOU TH VA 23709-5000

X

1 7 . ACCOUNT ING AND AP P ROP RIAT ION DAT A/ L OCAL USE

CODE

1 8 . IT E M NO. 1 9 . SCHEDUL E OF SUP P LIE S/ SERVICE S

* If q u a n t i ty a ccep ted b y th e G o ver n m en t is s a m e a s q u a n t i ty a ccep ted b elo w q u a n t i ty o r d er ed a n d en cir cle.

DE L IVE RY/1 6 .

1 4 . SHIP T O

Se e Sche dule

N 3258A H Q0338

MARK ALL

P AC KAG ES AND

P AP ERS W ITH

IDENTIFIC ATIO N

NUMB ERS IN

B LO C KS 1 AND 2 .

2 3 . AM OUNT

1 5 . P AYM ENT W IL L BE M ADE BY CODE

D EF EN SE F IN AN C E AN D AC C OU N TIN G SER VIC E -

SOU TH EN TITLEMEN T

P. O. BOX 182264

C OLU MBU S OH 43218-2264

Th is d el iv ery o rd er/cal l i s i s s u ed o n an o th er G o v ern men t ag en cy o r in acco rd an ce w i th an d s u b ject to terms an d co n d i t io n s o f ab o v e n u mb ered co n tract .

T YP E CAL L

OF P URCHASE

ORDE R

SEE SCHEDULE

24. UNITED STATES OF AMERICA

TEL: 757-967-3819

EMAIL: lisa.sumpter@navy.mil

CONTRACTING / ORDERING OFFICER

q u a n t i ty o r d er ed , in d ica te b y X . If d i f f er en t , en ter a ctu a l

BY: Lisa Sumpter

1If t h is bo x is m ark ed, sup p lier m ust sign Accep t an ce an d ret urn t h e fo llo win g n um ber o f co p ies:X

NAM E OF CONT RACT OR SIGNAT URE T YP E D NAM E AND T IT L E

( YYYYM M M D D )

DAT E SIGNE D

ACCE P T ANCE. T HE CONT RACT OR HE REBY ACCE P T S T HE OFFE R REP RESE NT ED BY T HE NUM BE RED P URCHASE ORDE R AS IT M AY P REVIOUSL Y HAVE BEE N OR IS NOW M ODIFIE D, SUBJE CT T O AL L OF T HE T E RM S

AND CONDIT IONS SE T FORT H, AND AGRE ES T O P ERFORM T HE SAM E.

Referen ce y o u r q u o te d ated

Fu rn is h th e fo l lo w in g o n terms s p eci fied h erein . REF :

2 0 . QUANT IT Y

ORDERE D/

ACCE P T ED*

2 1 . UNIT 2 2 . UNIT P RICE

D IFFE RE N CE S

2 6 .

INSP E CT E D RE CE IVED ACCEP T E D, AND CONFORM S T O T HE

CONT RACT EXCEP T AS NOT E D

2 7 a. QUANT IT Y IN COL UM N 2 0 HAS BE E N

( YYYYM M M D D )

c. DAT E d. P RINT E D NAM E AND T IT L E OF AUT HORIZ ED

GOVERNM E NT RE P RE SENT AT IVE

b. SIGNAT URE OF AUT HORIZ E D GOVE RNM E NT RE P RE SENT AT IVE

e. M AIL ING ADDRE SS OF AUT HORIZ ED GOVE RNM ENT REP RESE NT AT IVE

36. I ce r tify th is account is cor re ct and prope r for paym e nt.

g. E -M AIL ADDRESSf. T EL EP HONE NUM BE R

a. DAT E

( YYYYM M M D D )

b. SIGNAT URE AND T IT LE OF CE RT IFYING OFFICE R

2 8 . SHIP NO. 2 9 . DO VOUCHER NO. 3 0 .

INIT IAL S

3 2 . P AID BY 3 3 . AM OUNT VE RIFIED

CORRE CT FOR

3 5 . BIL L OF LADING NO.

3 4 . CHE CK NUM BE R

3 7 . RE CEIVED AT 3 8 . RECE IVE D BY

( YYYYM M M D D )

3 1 . P AYM E NT

COM P L ET E

P ART IAL

FINAL

P ART IAL

FINAL

DD For m 1155, DEC 2001 P RE VIOUS EDIT ION IS OBSOL ET E .

3 9 . DAT E RE CE IVED 4 0 . T OT AL

CONT AINERS

4 1 . S/R ACCOUNT NO. 4 2 . S/R VOUCHE R NO.

AD D R ESS

AN D

N AME

SUMPTER.LISA.A.129

2544398

Digitally signed by

SUMPTER.LISA.A.1292544398

Date: 2020.09.01 08:45:46 -04'00'

N6247020F5592

Section A - Solicitation/Contract Form

ACCEPTED ITEMS

This delivery order accepts Mid-Atlantic Crane’s proposal dated 17 July 2020 in response to solicitation N62470-20-R-1005 for the following items:

CLIN 0001 - ONE (1) 1 TON URUH CRANE

CLIN 0002 - ONE (1) 1 TON URUH CRANE

CLIN 0003 - ONE (1) 1.5 TON TRUH CRANE

As identified in the General Requirements, Warranty CLINS are established for each Crane CLIN. The warranty CLINS represent three percent of the total Crane CLIN price offered and accepted and will be withheld until completion of the one year warranty period.

CLIN 0004 PERFORMANCE DURING THE WARRANTY PERIOD FOR CLIN 0001

CLIN 0005 PERFORMANCE DURING THE WARRANTY PERIOD FOR CLIN 0002

CLIN 0006 PERFORMANCE DURING THE WARRANTY PERIOD FOR CLIN 0003

Contract performance shall be in accordance with the NAVFAC Specification N62470-20-R-1005, Amendments, Attachments, Appendices, Exhibits and General Requirements, all as directed by the Contracting Officer.

All terms and conditions of the basic Contract N62470-19-D-1009 apply to this delivery order.

Distr.:

NCC (L. Sumpter, D. Cadieux, F. Carthan, M. Outen, R. Williams, R. Brown, C. Burgess, J. Zinas), DCMA Hampton

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Each $91,893.76 $91,893.76

1 TON URUH CRANE

FFP

The Contractor shall design, fabricate, assemble, shop test, deliver, install, inspect, field test one (1) 1-Ton underrunning, underhung electric traveling crane to be installed in Bldg. 124 at Naval Air Warfare Center Aircraft Division, in Lakehurst, New Jersey. All work shall be in accordance with Solicitation N62470-20-R-1005, the specifications, drawings, and related technical data; all as directed by the Contracting Officer.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

SPEC NR: 1654159

PURCHASE REQUEST NUMBER: ACQR5792443

PSC CD: 3950

MAX

NET AMT

$91,893.76

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

000101 $0.00

FUND ACRN AA

FFP

Funding Doc. No. N6833520RX00008 Customer ACRN: AA

MILSTRIP: N6833520RX00008

NET AMT $0.00

ACRN AA

CIN: 000000000000000000000000000000

$91,893.76

0002 1 Each $92,747.39 $92,747.39

1 TON URUH CRANE

FFP

The Contractor shall design, fabricate, assemble, shop test, deliver, install, inspect, field test one (1) 1-Ton underrunning, underhung electric traveling crane to be installed in Bldg. 124 at Naval Air Warfare Center Aircraft Division, in Lakehurst, New Jersey. All work shall be in accordance with Solicitation N62470-20-R-1005, the specifications, drawings, and related technical data; all as directed by the Contracting Officer.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

SPEC NR: 1654159

NET AMT $92,747.39

000201 $0.00

FUND ACRN AA

FFP

$92,747.39

0003 1 Each $82,479.19 $82,479.19

1.5 TON TRUH CRANE

FFP

The Contractor shall design, fabricate, assemble, shop test, deliver, install, inspect, field test one (1) 1.5-Ton top running underhung electric traveling crane to be installed in Bldg. 342 at Naval Air Warfare Center Aircraft Division, in Lakehurst, New Jersey. All work shall be in accordance with Solicitation N62470-20-R-1005, the specifications, drawings, and related technical data; all as directed by the Contracting Officer.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

NET AMT $82,479.19

000301 $0.00

FUND ACRN AA

FFP

$82,479.19

0004 1 Each $2,842.07 $2,842.07

PERFORMANCE DURING THE WARRANTY PERIOD

FFP

Upon final acceptance of CLIN 0001 by the Government, a modification will be issued to revise the CLIN 0004 delivery date (Section F) to one year from the acceptance date of CLIN 0001.

FOB: Destination

NET AMT $2,842.07

000401 $0.00

FUND ACRN AA

FFP

$2,842.07

0005 1 Each $2,868.48 $2,868.48

PERFORMANCE DURING THE WARRANTY PERIOD

FFP

Upon final acceptance of CLIN 0002 by the Government, a modification will be issued to revise the CLIN 0005 delivery date (Section F) to one year from the acceptance date of CLIN 0002.

FOB: Destination

NET AMT $2,868.48

000501 $0.00

FUND ACRN AA

FFP

$2,868.48

0006 1 Each $2,550.91 $2,550.91

PERFORMANCE DURING THE WARRANTY PERIOD

FFP

Upon final acceptance of CLIN 0003 by the Government, a modification will be issued to revise the CLIN 0006 delivery date (Section F) to one year from the acceptance date of CLIN 0003.

FOB: Destination

NET AMT $2,550.91

000601 $0.00

FUND ACRN AA

FFP

$2,550.91

Section C - Descriptions and Specifications

STATEMENT OF WORK

The Contractor shall provide all labor, supervision, engineering, design, materials, equipment, tools, parts supplies and transportation to design, fabricate, assemble, shop test, deliver, install, inspect, field test and make ready for use two (2) 1-ton underrunning, underhung, single girder electric traveling cranes for Building 124, and one (1) 1.5-ton top-running, underhung, single girder electric traveling crane for Building 342 at Naval Air Warfare Center Aircraft Division, in Lakehurst, New Jersey. The cranes shall be built to the approved design drawings of registered Professional Engineers in accordance with NAVFAC Specification N62470-20-R-1005, Attachments, Appendices, Exhibits, General Requirements and Amendments, all as required by the Contracting Officer.

Section E - Inspection and Acceptance

Final acceptance and inspection for CLIN 0001 and CLIN 0002 shall be at destination, Bldg. 124; CLIN 0003 shall be at destination Bldg. 342, Naval Air Warfare Center Aircraft Division, Lakehurst, New Jersey, by the Navy Crane Center in accordance with technical specifications and related technical data. The warranty for CLIN 0001 is funded on CLIN 0004 and shall be released after the one-year warranty period. The warranty for CLIN 0002 is funded on CLIN 0005 and shall be released after the one-year warranty period. The warranty for CLIN 0003 is funded on CLIN 0006 and shall be released after the one-year warranty period.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 000101 N/A N/A N/A N/A 0002 Destination Government Destination Government 000201 N/A N/A N/A N/A 0003 Destination Government Destination Government 000301 N/A N/A N/A N/A 0004 Destination Government Destination Government 000401 N/A N/A N/A N/A 0005 Destination Government Destination Government 000501 N/A N/A N/A N/A 0006 Destination Government Destination Government 000601 N/A N/A N/A N/A

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 18-FEB-2022 1 DIRECTOR, NAVY CRANE CENTER

ANDREW R (RUSS) WILLIAMS

NAVAL FACILITIES ENGINEERING

COMMAND

NORFOLK NAVAL SHIPYARD

BLDG 491

PORTSMOUTH VA 23709-5000

757-967-4239

N3258A

000101 N/A N/A N/A N/A

0002 18-FEB-2022 1 DIRECTOR, NAVY CRANE CENTER

ANDREW R (RUSS) WILLIAMS

NAVAL FACILITIES ENGINEERING

COMMAND

NORFOLK NAVAL SHIPYARD

BLDG 491

PORTSMOUTH VA 23709-5000

757-967-4239

000201 N/A N/A N/A N/A

0003 18-FEB-2022 1 DIRECTOR, NAVY CRANE CENTER

ANDREW R (RUSS) WILLIAMS

NAVAL FACILITIES ENGINEERING

COMMAND

NORFOLK NAVAL SHIPYARD

BLDG 491

PORTSMOUTH VA 23709-5000

757-967-4239

000301 N/A N/A N/A N/A

0004 POP 18-FEB-2022 TO

17-FEB-2023

N/A DIRECTOR, NAVY CRANE CENTER

ANDREW R (RUSS) WILLIAMS

NAVAL FACILITIES ENGINEERING

COMMAND

NORFOLK NAVAL SHIPYARD

BLDG 491

PORTSMOUTH VA 23709-5000

757-967-4239

000401 N/A N/A N/A N/A

0005 POP 18-FEB-2022 TO

17-FEB-2023

N/A DIRECTOR, NAVY CRANE CENTER

ANDREW R (RUSS) WILLIAMS

NAVAL FACILITIES ENGINEERING

COMMAND

NORFOLK NAVAL SHIPYARD

BLDG 491

PORTSMOUTH VA 23709-5000

757-967-4239

000501 N/A N/A N/A N/A

0006 POP 18-FEB-2022 TO

17-FEB-2023

N/A DIRECTOR, NAVY CRANE CENTER

ANDREW R (RUSS) WILLIAMS

NAVAL FACILITIES ENGINEERING

COMMAND

NORFOLK NAVAL SHIPYARD

BLDG 491

PORTSMOUTH VA 23709-5000

757-967-4239

000601 N/A N/A N/A N/A

Section G - Contract Administration Data

ADMINISTRATION DATA

1. The Procuring Contracting Officer, Contract Specialist, and Contracting Officer’s Representative for this delivery order are:

Lisa Sumpter (757) 967-3819 Mikel Outen (757) 967-3836 Russ Williams (757) 967-4239

Commander NAVFAC Atlantic (ACQ4) Navy Crane Center Norfolk Naval Shipyard, Building 491 Portsmouth, Virginia 23709-5000

2. The Administrative Contracting Officer (ACO) Office is:

DCMA HAMPTON

2128 PERSHING AVENUE

FORT EUSTIS VA 23604-1412

DCMA Hampton is designated to perform field administration for this delivery order. Additionally, the addressee is hereby assigned Administrative Contracting Officer (ACO) for the performance of all Contract Administrative Services (CAS) identified in the ACO delegation letter, including the quality assurance requirements to insure timely and complete delivery of all items under the contract, unless otherwise provided for in the delivery order.

The Surveillance Critical Designator (SCD) for this project is B.

NAVCRANECEN retains the responsibility for issuance of modifications, crane acceptance, and approval of final invoice for each CLIN.

The Contractor shall submit invoices in accordance with DFARS 252.232-7006 Wide Area Workflow Payment Instructions.

*Transportation of Supplies by Sea statement shall be attached to each crane CLIN inovice.

* The contractor’s final release statement shall be attached to the final invoice for the contract.

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions

ACCOUNTING AND APPROPRIATION DATA

AA: 97X4930 NH2A 310 77777 0 050120 2F 000000

COST CODE: A00005616272

AMOUNT: $275,381.80

ACRN CLIN/SLIN CIN AMOUNT

AA 000101 000000000000000000000000000000 $91,893.76

000201 000000000000000000000000000000 $92,747.39 000301 000000000000000000000000000000 $82,479.19 000401 000000000000000000000000000000 $2,842.07 000501 000000000000000000000000000000 $2,868.48 000601 000000000000000000000000000000 $2,550.91

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

See table below.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Not applicable

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Use the folowing for Progress Payments:

Initial Document Creation requires the following:

Contract Number N62470-19-D-1009 Delivery Order Number N6247020F5592 Cage Code/Ext 1HLY7 Pay DoDAAC HQ0338 Document Type Progress Payments On the WAWF "Header Tab" the following is required:

Issue Date 19 Aug 2020 Issue By DoDAAC N62470 Admin By DoDAAC S5111A Inspect By DoDAAC/Ext S5111A Ship To Code/Ext or Service Acceptor or Accept By DoDAAC/Ext

S5111A

Ship From Code/Ext 1HLY7 LPO DoDAAC/Ext N/A Once Submitted, select "Send More Email Notifications" Inspector Email Address N/A Accountable Official Email Address lisa.sumpter@navy.mil Operations Assistant (OA) Email Address N/A Activity Fund Administrator email Address N/A

Use the following for Final Payment of Each CLIN:

Initial Document Creation requires the following:

Contract Number N62470-19-D-1009 Delivery Order Number N6247020F5592 Cage Code/Ext 1HLY7 Pay DoDAAC HQ0338 Document Type Invoice and Receiving Report (Combo) On the WAWF "Header Tab" the following is required:

Issue Date 19 Aug 2020 Issue By DoDAAC N62470 Admin By DoDAAC S5111A Inspect By DoDAAC/Ext N3258A Ship To Code/Ext or Service Acceptor or Accept By DoDAAC/Ext

N3258A

Ship From Code/Ext 1HLY7 LPO DoDAAC/Ext N/A Once Submitted, select "Send More Email Notifications" Inspector Email Address andrew.r.williams2@navy.mil Acceptor Email Address mikel.outen@navy.mil Accountable Official Email Address lisa.sumpter@navy.mil Operations Assistant (OA) Email Address N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

gina.gibbons@navy.mil

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

mikel.outen@navy.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

Labor and Construction:

CONSTRUCTION WAGE REQUIRMENTS: The delivery order is subject to the 41 U.S.C. Chapter 65, Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000 (the statute) and may include construction in connection with on-site work. The Construction Wage Rate Requirements apply to all on-site installation activities.

The applicable Construction Wage Rate Determination and clauses are provided in Section I of the basic contract.

Contractor Performance:

Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website http://www.cpars.csd.disa.mil/. Prior to commencement of work the contractor is required to provide the government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the government in the appropriate system. It is the contractor’s responsibility to keep this contact information current.

Required Insurance:

(a) The contractor shall procure and maintain during the entire period of this performance under this contract the following minimum insurance:

Type of Insurance Per Person Per Accident Property

General Liability $500,000 Automobile $200,000 $500,000 $20,000 Liability

Workmen’s Compensation (As Required Under FAR 28.307-2)

Other as required by State Law

(b) A Certificate of Insurance shall be submitted to the Contracting Officer for review and approval. No work shall commence until this notice has been presented to the Contracting Officer.

(c) The only wording that is acceptable to the Government in the Cancellation section of the Certificate of Insurance is the endorsement stating:

"ANY CANCELLATION OR MATERIAL CHANGE IN THE

COVERAGE ADVERSELY AFFECTING THE GOVERNMENT'S

INTEREST SHALL NOT BE EFFECTIVE FOR SUCH PERIOD AS THE

LAWS OF THE STATE IN WHICH THIS CONTRACT IS TO BE

PERFORMED PRESCRIBE; OR UNTIL 30 DAYS AFTER THE INSURER

OR THE CONTRACTOR GIVES WRITTEN NOTICE TO THE

CONTRACTING OFFICER, WHICHEVER PERIOD IS LONGER”

The Certificate Holder will be Commander, NAVFAC Atlantic, Navy Crane Center, Norfolk Naval Shipyard, Building 491, Portsmouth, VA 23709-5000.

AUTHORITY

1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

(a) An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

(b) A purported modification or change order issued by anyone other than the Contracting Officer;

(c) A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

(d) An order, direction, consent, or permission from anyone other than the Contracting Officer to:

(i) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

(ii) Expend hours in excess of a specified level of effort.

(End of NAVFAC language)

GOVERNMENT PROPERTY INCIDENTAL TO THE PLACE OF PERFORMANCE

1) Definitions:

a. Government property incidental to the place of performance, hereinafter referred to as GPIPP, is defined as property that is located at and related to the place of performance and which remains accountable to the Government. GPIPP is retained by the activity at the location where the new crane is being installed by the contractor, or where the crane is being overhauled by the contractor, and is not subject to the terms of FAR 52.245-1, per FAR 45.000(b)(5).

b. Loss of GPIPP is defined as loss, damage or destruction to GPIPP that reduces the Government’s expected economic benefits of the property.

2) The following GPIPP is being provided for the contractor’s use in performance of this contract:

Certified Test Weights and Associated Rigging Gear

3) The Government will make available the GPIPP identified herein during the contractor’s mobilization on site for the crane installation and/or overhaul. The contractor shall use such GPIPP only in connection with performance under the contract. The contractor, together with the Navy Crane Center Quality Assurance Representative, shall inspect and document the condition of the GPIPP prior to it being turned over for use by the contractor and again when it is returned to the Government.

4) The contractor shall not make any alterations or improvements to the GPIPP without written permission from the Contracting Officer. Any such alterations or improvements will become property of the Government; however, if the Government requires removal or dismantling of such alterations or improvements, it shall be accomplished at the contractor’s expense and the contractor shall return the GPIPP to a state that is equal to or better than its prior condition, as determined by the Contracting Officer.

5) The contractor is liable for Loss of GPIPP, as identified herein, to the extent that: 1) the loss occurs while the GPIPP is in its possession (i.e., being used by the contractor for performance of the contract); and 2) the loss is a result of negligence, misuse, or willful misconduct by contractor personnel, as determined by the Contracting Officer.

6) Any claims arising from the use of this GPIPP shall be directed to the Contracting Officer immediately.

***Refer to the specification attachment for Section H Site Specific Requirements.***

Section I - Contract Clauses

CONTRACT CLAUSES

Clauses in the basic contract N62470-19-D-1009 are applicable to this delivery order. The full text of provisions and clauses may be accessed electronically at the following addresses:

https://www.acquisition.gov/browsefar https://acquisition.navy.mil/rda/home/policy_and_guidance/nmcars

CLAUSES INCORPORATED BY REFERENCE

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7004 (Dev) DoD Progress Payment Rates (DEVIATION 2020-O0010) MAR 2020 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the Contractor receives approval of Performance and Payment Bonds and has submitted an acceptable Certificate of Insurance, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 18 February 2022. The time stated for completion shall include final cleanup of the premises.

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $494 per calendar day of delay for CLIN 0001, CLIN 002, and CLIN 0003.

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

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2020-O0008) (MAR 2020)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract or an order at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract or an order exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

(3) Paragraphs (d)(1) through (2) of this clause do not apply to construction or service contracts.

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2020-O0008) (MAR 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Contracts that have been awarded on a sole-source basis in accordance with subpart 19.8;

(4) Orders set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), if the order amount is expected to exceed the simplified acquisition threshold;

(5) Orders competed among 8(a) participants in accordance with subpart 19.8 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), regardless of dollar value;

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference; and

(7) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a NAICS code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs are excluded to the extent they are not the principal purpose of the contract and cannot be obtained from small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph

(e) of this clause will be performed by the aggregate of the joint venture participants.

(g) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1) and (2) of this clause— [Contracting Officer check as appropriate.] ___ By the end of the base term of the contract and then by the end of each subsequent option period; or ___ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(3) and (4) of this clause, by the end of the performance period for the order.

52.228-16 PERFORMANCE AND PAYMENT BONDS--OTHER THAN CONSTRUCTION (NOV 2006)

(a) Definitions. As used in this clause--

Original contract price means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity.

Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to 100 percent of the original contract price and a payment bond (Standard Form 1416) in an amount equal to 100 percent of the original contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within 15 days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

52.232-16 PROGRESS PAYMENTS (JUN 2020) (DEVIATION 2020-O0010)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 90 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR) 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors—

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for-

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 90 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) above, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 90 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) below).

(2) Performance of this contract is endangered by the Contractor's (i) failure to make progress or (ii) unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) above, and that rate is less than the progress payment rate stated in subparagraph (a)(1) above.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) Property, as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (ii) above;

and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract, e.g., the termination clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall

(i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not—

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).

(f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.

(g) Reports, forms, and access to records.

(1) The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

(2) The Contractor shall furnish estimates to complete that have been developed or updated within six months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.

(3) Each Contractor request for progress payment shall:

(i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and

(ii) Include any additional supporting documentation requested by the Contracting Officer.

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments, and (ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause shall (i) excuse the Contractor from performance of obligations under this contract or (ii) constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause (i) shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract and (ii) shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:

(1) The amounts included are limited to—

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments—

(i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its Alternate I for any subcontractor that is a small business concern;

(ii) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;

(iv) Are in conformance with the requirements of FAR 32.504(e); and

(v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if—

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments—

(i) Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the criteria for, and definition of, performance-based payments in FAR Part 32;

(ii) Are in conformance with the requirements of FAR 32.504(f); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if—

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(5) If the financing payments are in the form of commercial item financing payments, the terms of the subcontract or interdivisional order concerning payments—

(i) Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial item purchase that meets the definition and…