FINAL RFP N00024-20-R-4204.pdf

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82 - 101 X H 102 - 106 tara.borntreger@navy .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

DO-A3 1 106

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N00024 8. ADDRESS OFFER TO

Electronic Submission Required.

See Section L Instruction.

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 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 (NO COLLECT CALLS)

TARA J BORNTREGER 202.263.9210

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 5

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

6 - 22

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

24 - 25

26 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 27 - 35 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 36 - 37 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance 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 price 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 No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

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 AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

38 - 68

PART II - CO NTRACT CLAUSES

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2030

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.

N0002420NR67000

5. DATE ISSUED

23 Jul 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0002420R4204

Electronic Submission Required. See Section L Instruction

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Lot

Tow of ex-KITTY HAWK (CV 63)

FFP

Prepare for and accomplish the tow of ex-KITTY HAWK (CV 63) from the Government location in Bremerton, WA to the Contractor location in the United States. Work shall be completed in accordance with Section C.

FOB: Origin (Shipping Point)

PURCHASE REQUEST NUMBER: N0002420NR67000

PSC CD: P300

NET AMT

Dismantlement of ex-KITTY HAWK (CV 63)

FFP

Prepare for and accomplish vessel dismantling, hazardous material removals and disposal, and processing and sale of scrap and reusable equipment/material for the ex-KITTY HAWK (CV 63). Work shall be completed in accordance with Section C.

See NOTE A FOB: Origin (Shipping Point)

Tow of ex-JOHN F KENNEDY (CV 67)

FFP

Prepare for and accomplish the tow of ex-JOHN F KENNEDY (CV 67) from the Government location in Philadelphia, PA to the Contractor location in the United States. Work shall be completed in accordance with Section C.

FOB: Origin (Shipping Point)

Dismantling of ex-JOHN F KENNEDY (CV 67)

FFP

Prepare for and accomplish complete vessel dismantling, hazardous material removals and disposal, and processing and sale of scrap and reusable equipment/material for the ex-JOHN F KENNEDY (CV 67). Work shall be completed in accordance with Section C.

See NOTE A FOB: Origin (Shipping Point)

Data - NSP

FFP

Data for CLINs 0001 - 0004 (See J-1 Contract Data Requirements List (CDRL), DD Form 1423). Not separately priced (NSP). Price to be included in the price of CLINs 0001 and 0003.

See NOTE B FOB: Destination

NOTE A

Dismantlement CLINs 0002 and 0004 are Not Separately Priced (NSP) because the Government believes that the Offeror’s costs of dismantlement efforts will be offset by Offeror’s revenue from the sale of all scrap metals and equipment. However, Section L of the solicitation permits Offerors to propose a price under these line items for dismantlement costs which they believe will exceed the estimated revenue from the sale of all scrap metals and equipment. After contract award, no further adjustments will be made to the contract price due to variances in actual work performed or actual proceeds from the sale of scrap and reusable equipment/material.

NOTE B

NOT SEPARATELY PRICED

Not Separately Priced (NSP): Price included in the price of Item 0001, 0002, 0003 and 0004.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

SECTION C-1: GENERAL CONTRACT LINE ITEM DESCRIPTION

SECTION C-2: SCOPE OF WORK

SECTION C-3: REQUIREMENTS

SECTION C-4: NAVSEA HQ CLAUSES

SECTION C-1 – GENERAL CONTRACT LINE ITEM DESCRIPTION

C-1.1 CLIN DESCRIPTION

Tow ex-KITTY HAWK (CV 63): CLIN 0001

The Contractor shall prepare for and tow the U.S. Navy aircraft carrier from the INACTSHIPMAINTO location in Bremerton, Washington, to the Contractor’s facility in the continental U.S. in conformance with the U.S. Navy Tow Manual SL740-AA-MAN-010. The Contractor shall ensure the stability of the vessel during the tow.

Dismantle ex-KITTY HAWK (CV 63): CLIN 0002

The Contractor shall complete the dismantling of the ex-KITTY HAWK (CV 63) in a facility in the continental United States, and remove and properly dispose of hazardous materials/wastes in accordance with applicable Federal, State, and local laws and regulations. The Contractor shall ensure the stability of the vessel during the dismantlement. The Contractor shall process and sell all scrap and reusable equipment/material removed from the vessel. The Contractor shall retain the sale proceeds to offset its costs of performance.

Tow ex-JOHN F KENNEDY (CV 67): CLIN 0003

The Contractor shall prepare for and tow the U.S. Navy aircraft carrier from the INACTSHIPMAINTO location in Philadelphia, Pennsylvania to the Contractor’s facility in the continental U.S. in conformance with the U.S. Navy Tow Manual SL740-AA-MAN-010. The Contractor shall ensure the stability of the vessel during the tow. The Contractor shall possess or obtain a minimum facility security clearance level of CONFIDENTIAL, in accordance with DD Form 254.

Dismantle ex-JOHN F KENNEDY (CV 67): CLIN 0004

The Contractor shall complete the dismantling of the ex-JOHN F KENNEDY (CV 67) in a facility in the continental United States and remove and properly dispose of hazardous materials/wastes in accordance with applicable Federal, State, and local laws and regulations. The Contractor shall ensure the stability of the vessel during the dismantlement. The Contractor shall possess or obtain a minimum facility security clearance level of CONFIDENTIAL, in accordance with DD Form 254. The Contractor shall process and sell all scrap and reusable equipment/material removed from the vessel. The Contractor shall retain the sale proceeds to offset its costs of performance.

CDRL: CLIN 0005

The Contractor shall prepare and submit all data requirements in accordance with attachment J-1 CDRL, DD Form 1423, Exhibit A and the Section C Performance Work Statement (PWS).

SECTION C-2 - SCOPE OF WORK

The Contractor shall furnish the items specified in Section B of the Solicitation in accordance with this PWS. The Contractor shall provide all personnel, equipment, tools, vehicles, materials, facilities, supervision, and other industrial equipment and services necessary to meet the requirements of this Contract and perform the scope of work described in this PWS. The Contractor shall perform the services described herein in a manner which is safe for workers and the environment, and complies with all applicable Federal, State and local laws and regulations. All work performed under this Contract shall be in compliance with applicable Federal, State, and local laws and regulations. The Contractor shall have all valid permits and licenses necessary prior to performing the associated scope of work. The Contractor shall maintain valid permits and licenses throughout the period of performance of this Contract.

C-2.1 TOWING. The Contractor shall provide harbor clearance, ocean engineering and point-to-point towing services to ensure safe transport of the vessel from existing vessel location to the Contractor’s facility in the continental U.S. for complete dismantling. The Contractor shall develop a detailed Tow Plan as required by CDRL A001, which includes completion of the U.S. Navy Tow Manual Appendix H Towing Inspection Checklist. The Contractor shall prepare and accomplish the towing of the vessel in conformance with the U.S. Navy Tow Manual SL740-AA-MAN-010. The U.S Navy Tow Manual can be obtained at https://www.navsea.navy.mil/Portals/103/Documents/SUPSALV/Salvage%20Docs/Towing%20Manual.pdf.

Applicable to CLIN 0001 Only: The Government plans to clean biofouling from the underwater hull area of ex- KITTY HAWK (CV 63) during a drydock availability within 8 months of contract award. The contractor will be allowed to access ex-KITTY HAWK (CV 63) at INACTSHIPMAINTO Bremerton for accomplishment of tow preparations in two phases. Phase #1 shall include any physical preparations or modifications of the ship that are determined by Naval experts to pose no risk of disturbing or being disturbed by the drydock availability. Phase #2 shall include any remaining physical preparations or modifications necessary to ensure tow approval by the Navy’s towing technical warrant holder, and shall be allowed upon completion of the drydock availability and return of the ex-KITTY HAWK (CV 63) to the INACTSHIPMAINTO Bremerton facilities. The Government will provide a minimum of 30 days notice of the ex-KITTY HAWK’s (CV 63) availability for commencement of Phase #2.

C-2.1.1 SCHEDULE. The Contractor shall provide a written tow plan for the vessel in accordance with the U.S.

Navy Tow Manual SL740-AA-MAN-010 and CDRL A001. The tow plan will be reviewed and approved by the associated Navy technical warrant holder. Custody of the vessel will take place after the tow plan is approved. If the tow plan approval is delayed because it does not conform to the tow manual and CDRL A001, the Government will not assume liability for financial loss associated with the delay.

C-2.2 DISMANTLING OF THE VESSEL. The Contractor shall complete dismantlement of the vessel in accordance with the scope of this PWS.

C-2.2.1 SCHEDULE. The Contractor’s proposed dismantling schedule for the vessel shall be incorporated into the Contract as Attachment J-3 upon contract award. After award, the Contractor shall develop and implement a detailed schedule, including measurable milestones, to accomplish the scope of the PWS that will include planned start and completion dates and a timeline for each phase of the dismantling, hazardous material removal, and disposal in accordance with CDRL A002. Dismantle tasks include demilitarization of residual military equipment and property, identification and safe removal and disposal of hazardous materials/wastes, vessel dismantling, scrap processing, and sale and shipment of scrap and reusable equipment/material. Once the revised and detailed dismantle schedule is approved, it will supersede the original Attachment J-3 as proposed, and will be used as the baseline schedule in developing the status and contract performance reports required in C-3.3.

C-2.2.2 DRY-DOCK, SLIP, OR OTHER METHOD. The Contractor shall implement plans, as described in the Operational Plan [See Section C-2.2.5 below], for using dry-dock, slip or other method for dismantling the underwater hull in an environmentally safe manner. The plans shall include methods for ensuring vessel stability https://www.navsea.navy.mil/Portals/103/Documents/SUPSALV/Salvage%20Docs/Towing%20Manual.pdf during the cutting process, final dismantlement of underwater hull, and measures to prevent flooding or sinking. In addition, plans shall include measures for preventing cutting slag and other contaminants from entering the water.

C-2.2.3 COMPLETE DISMANTLEMENT AND DEMILITARIZATION OF THE VESSEL. The Contractor shall completely dismantle and scrap all portions of the vessel structure. This will include the removal from the vessel, of all hull, inner bottom, bulkhead, deck and superstructure materials, as well as all between decks, longitudinal and transverse girders and frames, their associated webs, and floors. The term “hull” means the framework, including the keelsons, together with all decks and between decks, superstructures, tanks, inner and shell plating and bulkheads, but exclusive of main or auxiliary machinery, outfittings and furnishings and other auxiliary equipment. The term “scrap” means to reduce the property such that it has no value except for its basic material content. Final dismantlement and mutilation of the vessel shall be performed in such a manner that no considerable part of the vessel is left intact or undisturbed to the extent that it could be reconstructed or readily identified as an existing portion of the original hull or superstructure. Upon completion of dismantlement, the Contractor shall certify that the hull, and the equipment described herein, has been demilitarized in accordance with the requirements of this section (C-2.2.3), C-2.2.4, and CDRL A003.

Applicable to CLIN 0004 only:, In addition to the requirement of reduced scrap having no single dimensions to exceed five (5) feet, for the region of the vessel from the third deck to the bottom plating and in board of the shell from frame 29 to frame 215, these additional scrapping requirements shall be imposed:

a. Removal and reduction to no greater than five (5) feet of any single dimension – longitudinal, transverse, or vertical - for all plating, framing, and stiffeners associated with members, decks, between decks and bulkheads.

b. Removal of all markings from all plating.

c. Removal and reduction for all 3rd deck and below hatches, doors leading into the steering gear rooms, the two steering gear room hatches on the 2nd deck, and steering gear shall be fully destroyed by cutting into sections, removing hinges, and securing mechanisms such that remaining plate and components are not recognizable as a functional device.

C-2.2.4 DEMILITARIZATION OF RESIDUAL EQUIPMENT/SYSTEMS. The Contractor shall ensure that any and all weapons systems and communications equipment onboard the vessel, such as circuit boards, guided missile launching systems, mounts and fire control systems, sonar domes, transducers and associated equipment, torpedo tubes, Anti-Submarine Rocket (ASROC) launchers, antennas, radar reflective material, wave guides and any other weapon or communication system are totally destroyed by melting, cutting, tearing, scratching, crushing or breaking the item and components. Sale or donation of this equipment for continued use is prohibited. Final dismantlement and mutilation as described within this paragraph, and in C-2.2.3, will constitute demilitarization of the hull and required equipment. Upon completion of the work, the Contractor shall certify that the hull, and the equipment described herein, has been demilitarized in accordance with the requirements of C-2.2.3, this section (C- 2.2.4), and CDRL A003.

C-2.2.5 OPERATIONAL PLAN. The Contractor proposed Operational Plan for dismantling the vessel, removing and disposing hazardous materials/wastes, and sale of scrap and reusable items is incorporated into the Contract as Attachment J-2 as the baseline plan. Updates to the baseline plan will be provided in accordance with the requirements of CDRL A007. The plan shall include measures to prevent flooding or sinking, including procedures for maintaining list, trim and stability while dismantling, environmental remediation, and recycling operations are being accomplished, to include the prevention of cutting slag and other contaminates from entering the water. The plan shall ensure compliance with the security requirements in this PWS and shall include measures to address any procedures and techniques to be used throughout the performance period.

C-2.2.6 REGULATED AND HAZARDOUS MATERIALS/WASTES REMOVAL AND DISPOSAL. The Contractor is responsible for all steps necessary to remove and dispose of all hazardous and regulated materials/wastes in compliance with all Federal, State, and local laws and regulations. Additionally, the Contractor is required to implement an effective Environmental Management Plan (EMP) as described in the Contractor’s proposal and incorporated into the Contract as Attachment J-4. The plan should incorporate any pertinent information addressed in Attachment J-6, the Environmental and Safety Information, Instructions, Terms and Conditions. The Contractor shall provide the Government with legible copies of all hazardous and non-hazardous materials/wastes manifests, bills of lading, and all other waste shipping documents as part of the Final Project Report (CDRL A007). Upon completion of the work, the Contractor shall certify, in writing, that the Contractor has accomplished all hazardous material removal and regulated hazardous waste removal and disposal in compliance with all Federal, State, and local laws and regulations and in accordance with the requirements of CDRL A004.

C-2.2.7 ENVIRONMENTAL CONTROLS. The Contractor shall operate and maintain its facility in a manner that complies with all Federal, State, and local environmental laws, regulations, and instructions. The Contractor shall be responsible for obtaining all necessary licenses and permits, accomplishing all notification and manifesting requirements, and taking any necessary corrective actions resulting from work performed under this Contract. Upon the Government’s request, the Contractor will provide copies of licenses and permits to the Government. The Contractor shall use only transporters and treatment, storage, and disposal facilities with valid permits. The Government will not be a co-permittee on any permits obtained by the Contractor or a co-generator of any waste material. In the event environmental laws or regulations change during the term of this Contract, the Contractor is required to comply as such laws or regulations come into effect. If there is an increase or decrease in cost as a result of the change, the Contractor shall inform the Procuring Contracting Officer (PCO) pursuant to notice requirements of FAR 52.243-7, “Notification of Changes.”

C -2.2.7.1 Full Disclosure. The Contractor shall provide copies of all correspondence with Federal, State, or local regulatory agencies relating to this Contract within 24 hours of receipt in accordance with the requirements of CDRL A005. This shall include but not be limited to: immediate notification of any regulatory agency site visit or inspection conducted, Contractor summarization of the regulatory agency site visit or inspection and results, and immediate notification of any Notice of Violations, citations, non-conformances, or cautionary notices received from regulators during the reporting period, relating to the performance of this Contract.

C-2.2.7.2 Environmental Inspections. The Contractor’s workspace may be inspected periodically by Federal, State or local regulatory inspectors for regulatory compliance. Correction of violations shall be the responsibility of the Contractor. The Contractor shall provide assistance as requested by Federal, State, and local regulatory inspectors.

C-2.2.7.3 Spill and Incident Reporting. The Contractor shall record and immediately report all available facts relating to a regulatory agency reportable spill or incident in accordance with CDRL A006.

C-2.2.8 SAFETY AND HEALTH PROGRAM. All work shall be conducted in a safe manner and shall comply with all requirements specified throughout the Contract and applicable Federal, State, and local laws and regulations. The Contractor shall furnish all safety equipment in accordance with Federal, State, and local laws and regulations. The Contractor shall implement the Safety and Health Management Plan, described in the Contractor’s proposal and incorporated into the Contract as Attachment J-5, in compliance with applicable Federal, State, and local laws and regulations. All subcontractors shall comply with the Contractor’s Safety and Health Management Plan. In the event of an accident/mishap, the Contractor shall take reasonable and prudent action to establish control of the accident/mishap scene, prevent further damage to persons or property, and preserve evidence until released by the accident/mishap investigative authority.

C-2.2.8.1 Full Disclosure. The Contractor shall provide copies of all correspondence with Federal, State, or local regulatory agencies relating to this Contract within 24 hours of receipt in accordance with the requirements of

CDRL A005. This shall include but not be limited to: immediate notification of any regulatory agency site visit or inspection conducted, Contractor summarization of the regulatory agency site visit or inspection and results, and immediate notification of any Notice of Violations, citations, non-conformances, or cautionary notices received from regulators during the reporting period, relating to the performance of this Contract.

C-2.2.8.2 Regulatory Safety Inspections. The Contractor’s workspace may be inspected periodically by Federal, State or local regulatory inspectors for regulatory compliance. Correction of violations shall be the responsibility of the Contractor. The Contractor shall provide assistance as requested by Federal, State, and local regulatory inspectors.

C-2.2.8.3 Regulatory Injury and Incident Reporting. The Contractor shall record and report all available facts relating to a regulatory agency reportable incident or injury in accordance with CDRL A006.

C-2.2.8.4 Safety Administration. Prior to commencing work, the Contractor shall meet in conference with the Administrative Contracting Officer (ACO) and the Program Office (SEA 21I) to discuss and develop an understanding of the administration of their Safety and Health Management Plan.

C-2.2.8.5 Safety Inspections. The Contractor’s workspace may be inspected by the Government periodically for compliance. Correction of violations shall be the responsibility of the Contractor. The Contractor will provide assistance to the Government representative.

C-2.2.8.6 Accident and Injury Reporting. In addition to the requirements of C-2.2.8.3, the Contractor shall record and report all available facts relating to injury to either Contractor or Government personnel or each instance of damage to Government property in accordance with CDRL A006. The Contractor shall provide copies of any report to a regulatory agency of accidents or incidents that occur during the performance of this Contract, and copies of the OSHA 300A Log as part of the final Project Report (CDRL A007). Periodicity and recipients of such reports are stated in CDRL A007.

C-2.2.9 SALE OF SCRAP AND REUSABLE EQUIPMENT/MATERIAL. The Contractor is required to sell or dispose of any scrap and reusable equipment/material removed from the ship no later than 90 days after completion of dismantling of the ship. The Contractor shall report the quantity of scrap and reusable equipment/material recovered for resale in the Contract Performance Report (C-3.3.2) in accordance with the requirements of CDRLs A007 and A008. The Contractor shall retain the proceeds from the sale of the scrap and reusable equipment/material from the vessel being dismantled in accordance with 10 U.S.C. § 7305a.

SECTION C-3 – REQUIREMENTS

C-3.1 SECURITY (Applicable to CLINs 0003 and 0004 Only)

C-3.1.1 Facility Security Requirements for CLINs 0003 and 0004. The ex-JOHN F KENNEDY (CV 67) contains classified structures that must be demilitarized during the dismantling process. The Contractor shall own or have access to a facility that meets the applicable requirements of the National Industrial Security Program Operating Manual (DoD 5220.22-M) in accordance with DD Form 254, including an approved CONFIDENTIAL-level security container that conforms to federal specifications and standards, physical and visual security fencing, waterside security measures, 24-hour security protection, and special security and procedural requirements as outlined below. The contractormay also be required to have access to controlled unclassified information (CUI).

Prior to contract award, the Contractor is required to:

• Own or have access to a facility capable of obtaining or already possessing a security clearance at the CONFIDENTIAL level at a minimum, obtained as necessary from the Defense Counterintelligence and Security Agency (DCSA) in accordance with DD Form 254.

Following award:

• The Contractor is required to maintain a CONFIDENTIAL facility security clearance throughout the period of performance.

All Contractors (including subcontractors) shall implement Operations Security (OPSEC) procedures in accordance with applicable DoD and DON OPSEC policy guidance, to ensure Government critical information is identified, and appropriate protective measures are adopted. The Contractor shall become familiar with content of Government provided critical information and indicators lists (CIILs) and safeguard information as applicable. Upon contract award, all identified contractors (including subcontractors) shall sign a Contractor's conformance statement and submit it to the Government PCO and ACO thereby acknowledging that they will meet the OPSEC requirements.

All Contractors (including subcontractors) shall supplement their current security practices by requiring any personnel involved in executing the contract to complete Government-sponsored or administered Operations Security (OPSEC) training. Training shall be completed within 30 days of contract award and annually thereafter.

The Contractor shall provide this training in-person or provide access via computer-based or online training methods, in addition to maintaining a record of employee training completion.

The Contractor shall have facility controls in place to prevent physical access to the vessel and the area of the facility by non-US citizens or unauthorized persons. In dismantling the vessel, internal compartments, arrangements, and details of the vessel at the third deck and below shall not be observable by non-U.S. citizens or unauthorized persons. Access to any part of the vessel by non-U.S. citizens is prohibited. Access to second deck steering gear hatch spaces or any other area at or below the third deck by unauthorized persons, or persons without a CONFIDENTIAL security clearance, is prohibited. The Facility Security Officer (FSO) noted in section C-3.2.1.3 below shall maintain a current 100% listing of all persons having authorized access to the facility and the vessel.

The contractor is required to maintain a level of safeguarding for classified information/material at the CONFIDENTIAL level. Additionally, classified drawings, cutting instructions, or other information may be sent to the contractor’s facility and require on-site storage in an approved security container.

Unless approved in writing in advance by the ACO, no imaging devices of any type (including camera equipped cellular telephones) shall be permitted inside the facility’s control barriers. U.S. citizen-only regulatory agency personnel may enter the facility; however, imaging devices are not permitted. U.S. citizen-only regulatory agency personnel should register with the FSO upon Contract Award or earliest opportunity in order to facilitate unannounced regulatory inspections.

The Contractor shall establish a system of checks, inspections, surveys, and assessments to ensure facility physical security is maintained.

The Contractor shall provide and maintain written plans and operating procedures for all facility physical security programs submitted as part of the Operational Plan.

The Contractor shall notify the Government of any changes at the Contractor’s facility affecting the physical security within 24 hours in accordance with CDRL A012.

Upon Contract Award, the Contractor shall provide the current 100% listing of all persons having authorized access to the facility and the vessel, along with validation of active status of individual CONFIDENTIAL security clearances in accordance with the requirements of CDRL A013. Changes to this listing shall be provided within two

(2) weeks.

C-3.1.2 Contractor Security Clearance Requirements for CLINs 0003 and 0004. All Contractor and subcontractor employees, consultants, and other persons with access to the vessel and/or the area of the facility where the vessel will be dismantled, shall be U.S. citizens. Any individuals to access the third deck and below, or removed sections of the third deck and below before complete dismantling shall possess individual security clearances at CONFIDENTIAL level at minimum, prior to obtaining such access and maintain it throughout the Contract period of performance.

C-3.1.3 Security Management/ Operational Security (OPSEC) Plan for CLINs 0003 and 0004. The Government will review the Contractor’s Security Management Plan to ensure it complies with the security requirements of the contract prior to commencing work on the ex-JOHN F KENNEDY. The Contractor shall implement the Security Management/OPSEC Plan to meet the objective requirements stated in paragraphs C-3.1.1 and C-3.1.2 above. The plan shall include the following:

1. How the Contractor will ensure that CONFIDENTIAL security clearances for personnel and facility will be maintained throughout the Contract period of performance in accordance with (DD Form 254).

2. How physical facilities and the vessel will remain secure at all times

3. Procedures to prohibit photographic capability

4. How 24-hour security of all dismantlement facilities will be maintained,

5. How areas restricted to authorized personnel are controlled throughout the period of performance.

The Contractor shall provide a ‘draft’ copy of the plan to the GCA for review and approval by the Government prior to Contractor implementation. A final copy of the Security Management/OPSEC Plan shall be incorporated into the Contract as attachment J-7.

C-3.2 CONTRACTOR PERSONNEL. In addition to the Contractor security clearance requirements specified in section C-3.1.2 (for CLINs 0003 and 0004 only), the Contractor shall employ qualified personnel who are capable of performing the requirements of the contract, including subcontractors and key personnel. In addition, the Contractor shall employ and maintain the appropriate personnel and organizational and administrative controls necessary to ensure that performance meets or exceeds all contract specification requirements hereunder.

C-3.2.1 Key Personnel. The replacement of any key personnel identified in the Contractor’s technical proposal shall require approval by the Government. The Contractor shall provide the following full-time on-site key personnel in their management organization:

C-3.2.1.1 Project Manager. The Contractor shall provide a full-time on-site Project Manager responsible for the performance of work required under this PWS. Additionally, the Project Manager is responsible for submitting all plans and reports in accordance with the requirements of the CDRLs and Section J of this Contract. The Project Manager shall have the education and/or years of experience as a Project Manager on a similar project as is required under this PWS. The Project Manager Qualifications are as follows:

B.S. in Engineering plus a five (5) years of experience as a Project Manager of a similar project or ten (10) years of experience as a Project Manager of a similar project. Experience should be in a heavy industry marine activity related to vessel dismantling, construction, or repair.

C-3.2.1.2 Environmental, Safety and Health Manager. The Contractor shall provide a full-time on-site Environmental, Safety & Health (ES&H) Manager who will be responsible for all environmental and occupational safety matters pertaining to this Contract. The ES&H Manager will report directly to the Project Manager. The Contractor may provide no more than two separate personnel for this function if environmental and occupational safety & health responsibilities are to be shared by two people. The ES&H Manager shall have the education and/or years of experience as an ES&H Manager in a similar project necessary to indicate the capability to perform ES&H Manager responsibilities required under this PWS. The ES&H Manager Qualifications are as follows:

B.S. in Engineering, Environmental Sciences or Industrial Hygiene plus five (5) years of experience as an ES&H Manager. In lieu of possessing a degree as stated above, at least ten (10) years of experience as an ES&H Manager is acceptable. Experience should be in a heavy industry marine activity related to vessel dismantling, construction, or repair. If two persons are proposed, the Environmental Manager qualifications are a B.S. in Engineering or Environmental Sciences plus five (5) years of experience as an Environmental Manager, or ten (10) years of experience as an Environmental Manager; and the Safety and Health Manager qualifications are B.S. in Engineering or Industrial Hygiene plus five (5) years of experience as a Safety and Health Manager, or ten (10) years of experience as a Safety and Health Manager.

C-3.2.1.3 Facility Security Officer For ex-JOHN F KENNEDY (CV 67) (Applicable to CLINs 0003 and 0004 Only). The Contractor shall provide a full-time on-site Facility Security Officer (FSO) who shall be responsible for all security matters pertaining to this Contract, including being accountable for ensuring maintenance and compliance with DCSA CONFIDENTIAL facility security requirements. The FSO shall also be responsible for ensuring that all Contractor and subcontractor employees and consultants with access to the vessel and the area of the Contractor’s facility where the vessel is being dismantled are U.S. citizens and possess active security clearances of the appropriate level throughout contract performance. The FSO shall be Center for Development of Security Excellence (CDSE) certified prior to Contract Award. The FSO will report directly to the Project Manager responsible for the performance of work required under this PWS. The FSO shall have the years of experience as an FSO at a contractor’s facility performing work under a Government contract necessary to indicate the capability to perform FSO responsibilities required under this PWS. The Facility Security Officer Qualifications are as follows:

Five (5) years of experience as a Facility Security Officer at a contractor’s facility performing work under a Government contract.

C-3.2.2 Contractor Employees. The Contractor shall ensure compliance with all Occupational Safety and Health Administration (OSHA) regulations before any work commences under the contract as well as throughout the duration of the Contract. This includes but is not limited to: certifications of spaces as safe for employees, subcontractors, consultants, and visitors by a certified professional Marine Chemists, Industrial Hygienists, ES&H Specialists, or a person of significant past experience in the form of a year or more of successfully accomplishing this task on a weekly basis.

C-3.2.3 Employee Training and Certification. The Contractor shall provide classroom and on-the-job training, as required, to ensure all workers and subcontractors are appropriately qualified for the scope of work. The Contractor shall maintain all records on-site for training, certification, and clearances, as applicable, for all workers and subcontractors.

C-3.3 STATUS REPORTS.

C-3.3.1 Progress/ Status Report. The Contractor shall provide a written weekly report in accordance with the requirements of CDRL A007. The Government reserves the right to reject weekly reports if inadequate information is provided and require resubmission of a report that meets the contract’s requirements.

C-3.3.2 Contract Performance Reports. The Contractor shall provide written contract performance reports in accordance with the requirements of CDRL A008 at the 25%, 50%, 75% and 100% point based on contract schedule, inclusive of scrap processing and shipments. The reports shall consist of a concise, executive level summary of all technical activities performed under the Contract during the reporting period. The reports shall address the following:

1. Progress achieved since the previous progress report including status of hazardous material removal and disposal, tonnage of scrap and equipment removed, and identification of the deck to which the vessel has been dismantled. Also, identify the percentage of completion of removal and dismantling work on each vessel.

2. Quantity and type of hazardous waste shipped for disposal during the contract work period.

3. Progress in correcting any deficiencies identified by Navy or regulatory agency inspections.

4. Notification of any regulatory agency site visit or inspection conducted, of any official notices of violation, citations, non-conformances, or cautions received from regulators during the contract work period. Also, notification of any other documentation relating to Federal, state, or local administrative or legal actions arising under or relating to the Contract.

5. Identification of problems relating to timely completion of the Contract.

6. Status of outstanding permits/licenses required for performance of the Contract and status of any existing permits/licenses due to expire within 90 days of the Progress Report.

7. Advance notice of commencement of project activities that will require notification to any regulatory agency by the Contractor or any of its subcontractors.

8. Man days and costs expended to date.

9. Estimated man days and costs to complete.

10. Scrap and reusable item sale proceeds received to date.

11. Difficulties encountered and corrective actions taken.

The Contractor shall propose the report format within 45 days after award. The Government reserves the right to reject the proposed reporting format if it does not provide adequate information. Once approved, the Contractor shall use a consistent reporting format throughout the Contract.

The Contractor agrees to maintain all books, records detailing Contract expenses and revenue, and other documents used to perform the Contract and make such documents available to the Government for review and audit. The Contractor shall further maintain such records for a period of two (2) years after Contract completion or for such a time as the Contractor, for its own purposes, retains such books, records, and other documents, whichever is longer.

C-3.4 NOTIFICATION OF ITEMS FOUND ONBOARD. During the performance of the Contract, in the event that the Contractor discovers items onboard the vessel such as classified documents, photographs, drawings, or any other information, the Contractor shall immediately notify the addressees listed in accordance with the requirements of CDRL A009. These items shall be safeguarded and turned over to the ACO.

C-3.5 OFFICE FACILITIES. The Contractor shall provide on-site office facilities and services for use by Government representatives and the Government Contract administration and oversight organization during the Contract period. The facilities and services shall be equal to and separate from those provided by the Contractor for its use for generally similar purposes. The Contractor shall also provide a minimum of one desk, one (1) chair, one

(1) high-speed internet connection port, , and one (1) conference table with seating for ten (10) people. The Contractor shall provide one (1) parking space at the Contractor’s facility for use by the Government. The Contractor shall provide, maintain, and make available to Government representatives a copier/scanner at the Contractor’s facility.

C-3.6 Meetings and Assessments

C-3.6.1 Post Award Conference: Prior to beginning work, a formal “kick off” meeting will be conducted by the Government. The Contractor shall meet with Government representatives, including the COR and the PCO to discuss and develop an understanding of the administration of the Contractor’s ES&H Management Plan, Operational Plan; and CLIN 0004 Security Plan.

C-3.6.2 Environmental, Safety and Health, and Security Self-Assessments: The Government reserves the right to conduct periodic ES&H and Security evaluations at the Contractor’s facility, to ensure Contractor compliance with the ES&H; and CLIN 0004 Security requirements of the Contract. The Contractor shall conduct a self-assessment of its own ES&H programs; and CLIN 0004 Security requirements, and shall provide a written report to the Government in accordance with CDRL A010. In most cases, the Government will notify the Contractor in writing at least 30 calendar days prior to the Government’s commencement of any ES&H and CLIN 0004 Security assessment at the Contractor’s workspace as applicable; however, the Government reserves the right to conduct unannounced assessments.

C-3.7 SOUVENIR PLATES. Upon completion of the Contract, the Contractor shall prepare and deliver to Naval Sea Systems Command – SEA 21I ten (10) engraved souvenir plates cut from the hull of the vessel in accordance with CDRL A011 and provide the location on board the vessel where they were obtained.

C-3.8 QUALITY ASSURANCE SURVEILLANCE PLAN. The Quality Assurance Surveillance Plan (QASP) detailed in Attachment J-9 will be used by the Government to evaluate the Contractor’s performance under this contract.

MINIMUM INSURANCE REQUIREMENTS

(a) Workers' Compensation and Employer's Liability coverage shall be at least $100,000, except as provided in FAR 28.307-2.

(b) Bodily injury liability insurance coverage shall be written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

NOTE: The above requirements are in addition to those insurance requirements contained in SECTION H, LIABILITY and ADDITIONAL INSURANCE REQUIREMENTS; EFFECT OF LOSS OR DAMAGE TO

GOVERNMENT VESSEL.

CONTRACT LINE ITEM 0005 - DATA REQUIREMENTS

Item(s) 0005 - The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form 1423, Exhibit A (J-1), attached hereto.

Data shall be submitted electronically using Microsoft Word, Microsoft Excel, Microsoft PowerPoint, Microsoft Project, or PDF file formats unless otherwise agreed to. No paper copy shall be delivered unless otherwise agreed to by the Government.

For those items requiring approval, approval will be based on technical content and compliance with the PWS requirements. The Government will make every effort to expedite review and response to the Contractor. The Contractor shall modify disapproved documents in accordance with the comments provided by the Government and resubmit for Government reconsideration. Documents that are approved with comment may be considered acceptable if the Contractor acknowledges acceptance of the Government’s comments.

SECTION C-4 NAVSEA (HQ) CLAUSES

CLAUSES INCORPORATED BY FULL TEXT

C-202-H001 ADDITIONAL DEFINITIONS–BASIC (NAVSEA) (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) National Item Identification Number (NIIN). The number assigned to each approved Item Identification under the 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 non-significant number.

(2) National Stock Number (NSN). The National Stock Number (NSN) for an item of supply consists of the applicable four-position Federal Supply Class (FSC) plus the applicable nine-position NIIN assigned to the item of supply.

(End of text)

C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA)

(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.

C-211-H001 ACCESS TO THE VESSEL(S) (NAVSEA) (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.