N00024-19-D-4323_Conformed_SOW.pdf

N0002419D4323

Section C - Descriptions and Specifications

STATEMENT OF WORK

PART 1 – CONTRACT LINE ITEM DESCRIPTION

Items 0001, 0002, 0003 - The Contractor shall perform support in accordance with Statements of Work (SOW) as specified in individual task or delivery orders. SOW for individual orders detail efforts that fall within the scope herein.

Item 0004– The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List (CDRL), DD Form 1423, Exhibit A, per the orders issued hereunder. CDRLs included in the basic contract are representative of the data likely to be required during performance. The CDRLs invoked under individual orders shall control.

List of Referenced Specifications and Other Pertinent Documents The following documents are applicable to the tasks described herein and are for use by the Contractor in the fulfillment of those tasks as described. These documents may be updated periodically; therefore, the Contractor shall comply with the latest versions unless instructed otherwise by the Government. In the event of any conflict between this SOW, the System Specification, and the documents cited therein, the order of precedence defined in FAR 52.215-8 applies.

SUPSALV’s public website at http://www.navsea.navy.mil/Home/SUPSALV/ESSM/;

SUPSALV’s secure website available at https://secure.supsalv.org;

ESSM Operations Guide;

ESSM Equipment Inventory;

ESSM Maintenance Requirement Cards (MRC);

ESSM Equipment Drawings;

SUPSALV designated instructions (such as the U.S. Navy Dive Manual);

MIL-STD 1330D

1.0 General Description

The Naval Sea Systems Command’s Office of the Director of Ocean Engineering, Supervisor of Salvage and Diving (SUPSALV or NAVSEA 00C) maintains the U.S. Navy’s Emergency Ship Salvage Material (ESSM) System, which is a managed network of facilities and emergency response equipment stockpiles pre-positioned to support and augment the Navy Fleet capability in the areas of salvage, diving, pollution response, and underwater ship husbandry (UWSH). ESSM resources, including equipment and personnel, are also utilized by other agencies and activities (e.g., U.S. Coast Guard, Environmental Protection Agency (EPA), Federal Emergency Management Agency (FEMA), Military Sealift Command (MSC), and U.S. Army Corps of Engineers) in support of pollution abatement, UWSH, depot level equipment maintenance, diving, salvage, and deep ocean search and recovery operations. ESSM facilities are located within the Contiguous United States (CONUS) and in key Fleet operating areas elsewhere throughout the world. The contiguous United States consists of the 48 adjoining U.S. states plus Washington, D.C., on the continent of North America. The CONUS facilities maintain a complete inventory of all available ESSM equipment while the OCONUS facilities carry only limited amounts of ESSM equipment which may include salvage, pollution control, diving, and UWSH material that is tailored to the operational requirements in that region.

To supplement the U.S. Navy’s capabilities, SUPSALV maintains contracts with commercial sources. This indefinite-delivery, indefinite-quantity (IDIQ) contract is known as the ESSM contract. The primary purpose of the ESSM contract is to provide the engineering and technical services to man, manage, maintain, and operate the ESSM System and to provide operational and non-operational support to the Navy’s oil and hazardous substance (OHS) spill response program. Remote-site ESSM equipment operation, maintenance, and related support under this contract is also provided for the full range of UWSH, diving, salvage, and search and recovery operations.

SUPSALV issues work on a task-order basis, including both the day-to-day management of the system as well as emergent issues requiring a short turn-around period.

SUPSALV relies on a Contractor to provide the manpower and expertise needed to support and perform the day-to-day activities and operations of ESSM bases, as well as provide personnel to support field operations and mission tasking. When a Delivery Order is issued, Contractor personnel develop the detailed procedures and methodologies and manage their internal resources to perform the assigned task(s). Contractor personnel work directly with their Government counterparts to establish priorities. For field operations and mission tasking, SUPSALV works directly with customers to determine technical and scope-of-work requirements, performs mission planning, and identifies funding requirements. Final determination and issuing authority for ESSM field operations and mission tasking resides with the Supervisor of Salvage or his designated deputy. The successful execution of these inter-related responsibilities requires that a close working relationship exist between Government and Contractor personnel at all levels.

The ESSM Program Manager is a part of NAVSEA 00C2, Salvage Operations Division at the Washington Navy Yard in Washington, DC, and is the Government’s primary POC for the ESSM Program, and is assisted by the Contractor ESSM Warehouse Management team. When directed, the Contractor is responsible for the full-time manning and management of ESSM facilities, including inventory control and periodic maintenance of equipment stored at ESSM complexes for immediate deployment and operation, deploying fully operational response teams with pollution control equipment, and providing ESSM operator/technician(s) when required to support the deployment of ESSM salvage, oil spill response and underwater ship husbandry equipment.

2.0 ESSM Facilities/Bases

2.1 ESSM Facilities CONUS

Two ESSM bases are located within CONUS. These bases hold similar material and equipment, including a complete inventory of ship salvage, oil spill response, and underwater ship husbandry equipment. The two CONUS facilities are:

Virginia

The Virginia ESSM facility is located at the Naval Weapons Station Cheatham Annex, Warehouse 12;

Williamsburg, Virginia. The principal mission of this facility is to provide maintenance, depot level repair, and storage of salvage, oil spill response, diving, and underwater ship husbandry (UWSH) equipment; engineering;

computer and drafting services; technical writing; and administrative support. The facility consists of a warehouse (Building 12) of approximately 160,000 square feet with approximately 10,000 square feet of office space, a Shop Building of approximately 15,625 square feet, a tension fabric building with no utilities of approximately 14,250 square feet, two auxiliary buildings totaling an additional 3,600 square feet, approximately 20,000 square feet of improved outdoor space, approximately 20,000 square feet of unimproved outdoor storage space.

California

The California ESSM facility is located at the U.S. Naval Base Ventura County, Port Hueneme, California. The principal mission of this facility is to provide maintenance, depot-level repair, and storage of salvage, oil spill response, and underwater ship husbandry (UWSH) equipment. The facility consists of five buildings of approximately 110,000 gross square feet that includes approximately 5,000 square feet of office space and 19,000 square feet of shop space, and open storage of approximately 66,000 square feet.

2.2 ESSM Facilities Outside CONUS

Six ESSM facilities are located outside CONUS. Their inventories include limited quantities of ship salvage material, oil spill response equipment, and UWSH equipment. This material is intended to support emergent Fleet requirements and is stored in a ready-for-issue condition.

Alaska

The Alaska ESSM facility is located on Joint Base Elmendorf-Richardson, Alaska. The facility provides limited maintenance and depot repair of salvage and oil spill response equipment, with specialized equipment for arctic conditions. The facility consists of Building 800 that contains approximately 46,300 square feet and Building 812 that contains approximately 11,700 square feet. The facility includes approximately 2,000 square feet of office space.

Hawaii

The Hawaii ESSM facility is located at Bishops Point, Joint Base Pearl Harbor-Hickam, Hawaii. The facility provides limited maintenance and depot repair of diving, salvage, oil spill response and UWSH equipment. The facility consists of Buildings 54 and 60 that together contain approximately 31,500 square feet, which includes approximately 5,000 square feet of office space.

Spain

The Spain ESSM facility is located on Naval Station Rota, Spain. The facility consists of a warehouse containing approximately 10,000 square feet and is not manned on a daily basis. The inventory consists of salvage and oil spill response equipment. The Contractor is required to maintain the inventory and perform periodic maintenance visits according to the schedule set by SUPSALV.

Bahrain

The Bahrain ESSM facility is located at the Port of Mina Sulman, Manama, Bahrain. This facility consists of a leased warehouse containing approximately 15,000 square and is not manned on a daily basis. The inventory consists of salvage, pollution, and UWSH equipment. The Contractor is required to maintain the inventory and perform periodic maintenance visits according to the schedule set by SUPSALV.

Singapore

The Singapore ESSM facility is located at the Royal Navy Senoko Fuel Depot in Sembawang, Singapore. The facility consists of a warehouse containing approximately 8,400 square feet and is not manned on a daily basis. The inventory consists of salvage, pollution, and UWSH equipment. The Contractor is required to maintain the inventory and perform periodic maintenance visits according to the schedule set by SUPSALV.

Japan

The Japan ESSM facility is located at the Akasaki Fuel Depot, U.S. Naval Station Sasebo, Japan. The facility consists of two Butler buildings containing approximately 4,000 square feet each and is not manned on a daily basis.

The inventory consists of salvage, pollution, and UWSH equipment. The Contractor is required to maintain the inventory and perform periodic maintenance visits according to the schedule set by SUPSALV.

3.0 Scope

In support of the ESSM System, the Contractor may be required to perform the following functions:

Overall manning, management and administration of the ESSM System, including providing Operational

Response Teams (ORT).

Supply and material support including inventory management, inventory control, stocking, re-supply, sparing, purchasing, transporting, shipping and receiving of ESSM equipment and associated parts and ancillary items to maintain that equipment.

Worldwide on-site support for Navy and other federalized Oil and Hazardous Substance (OHS) spill responses, including operation of ESSM spill response equipment such as oil skimmers and oil containment boom, spill management team support, and a full range of subcontracted response services including temporary oil storage, aerial surveillance and dispersant application services, and wildlife remediation support as required by the Incident Commander.

Non-operational spill response program support, including spill contingency planning, training, exercises, and related instructions, reports and data management.

Design, engineering, drafting, technical writing and other logistics functions.

Overall program coordination and support required to store, maintain, mobilize/demobilize, operate, upgrade, modify, overhaul, refurbish, fabricate, procure, and/ or test ESSM/Fleet equipment.

Supplementation of host/tenant functions at ESSM warehouse locations when specifically authorized.

Design, development, scheduling, planning, and conduct of training courses and training exercises in the areas of diving, UWSH, salvage and oil spill response as required.

Mobilization and demobilization of ESSM/Fleet equipment and personnel including arranging for and obtaining transportation, shipping services and any other logistics requirements.

Arranging for and obtaining vessels/ships/barges/platforms, handling equipment, loading and off-loading equipment, welding and burning services, and any other support services/capabilities required for field operations.

Management and maintenance of Government warehousing facilities and offices.

Naval architecture engineering support for complex salvage operations.

4.0 Government Furnished Functions and Property/Information

The Contractor is not generally required to provide or use contractor-owned equipment in the performance of orders issued under the ESSM contract.

4.1 Host Support Functions

The Government will furnish all materials and services that are required to operate the ESSM Facilities at the various locations. Host Tenant Agreements are in place to provide regular services such as electric, water, sewer, gas (if available), telephone service, emergency repairs, minor repairs, fire protection, environmental services, grounds maintenance, refuse collection, and crane certifications. The Contractor is required to use host support functions to the maximum extent possible. The Contractor may be directed by the Government to procure or provide regular services when those services are not provided by the host military installation or by prior arranged agreement.

Contractor requests to procure host-provided functions shall be in writing to SUPSALV and shall provide justification for why the host-provided function is otherwise unavailable.

4.2 Support Services and Ancillary Equipment

The Contractor is required to provide all support services and/or ancillary equipment not otherwise provided for by the Government, as described in individual Delivery Orders issued under this contract. Contractor requests to procure or otherwise provide support services and/or ancillary equipment shall be in writing to SUPSALV and shall include a justification for why the services and/or ancillary equipment are not otherwise available. In no event shall the Contractor enter into any lease in excess of one (1) month for ancillary equipment unless specifically authorized in writing by the Contracting Officer.

4.3 ESSM Property/Inventory

General information regarding the extensive ESSM equipment inventory can be found on SUPSALV’s public website at http://www.navsea.navy.mil/Home/SUPSALV/ESSM/. Equipment is listed by Diving Equipment, Salvage Equipment, UWSH Equipment, and Pollution Equipment. The links on this public site provide additional information including ESSM system management, stockpile locations, resource requesting procedures and funding information. Detailed ESSM equipment inventories and descriptions can be accessed by DoD CAC holders via the ESSM Enterprise application on SUPSALV's https://secure.supsalv.org website. The Contractor shall manage all data and information associated with ESSM inventory and will be required to maintain the network and server equipment necessary to manage and access ESSM equipment information by both SUPSALV and other authorized users.

5.0 Technical Requirements

Specific tasks shall be defined in individual orders placed against the contract. The task(s) shall be accomplished within the scope of the basic tasks specified below. Some tasks my include access to Navy ships and submarines and associated spaces which contain equipment, hull penetrations, etc., to include engineering and propulsion spaces containing Restricted Data.

5.1 Inventory of ESSM Facilities

The Contractor shall manage and maintain the ESSM property inventory, including performing physical inventory verifications, updating and maintaining inventories to accurately reflect changes in ESSM property stock, readiness and tracking deployed ESSM property. Inventory verifications for the Spain, Bahrain, Singapore, and Japan facilities shall be performed during scheduled maintenance visits which occur in varied frequency based on the location. The Contractor shall utilize SUPSALV-approved inventory management software. Day-to-day operation of ESSM facilities shall be performed in accordance with the ESSM Operations Guide.

5.2 Manning of ESSM Facilities

The Contractor shall provide personnel in accordance with Attachment J-2, Scheduled Personnel Qualifications, to man, manage, administer, maintain, and operate the ESSM System. Key Personnel are subject to the terms of the clause entitled, Substitution of Personnel. The Virginia, California, Alaska, and Hawaii ESSM facilities are manned on a full-time basis. The Spain, Bahrain, Singapore, and Japan ESSM facilities are not manned on a day-to-day basis. The Base Manager located at the Virginia ESSM facility shall manage the unmanned facilities located in Spain and Bahrain, while the Base Manager at the California ESSM facility shall manage the unmanned facilities located in Singapore and Japan in order to ensure uniform maintenance and configuration control. All personnel shall be properly and adequately trained to meet safety requirements mandated by the Occupational Safety and Health Administration (OSHA).

The Contractor shall maintain a 24-hour point-of-contact (POC) in the vicinity of each manned ESSM Facility, capable of responding to urgent requirements. If, at any time, the POC is unavailable on a 24-hour basis by voice communication (i.e., travel, leave, etc.), the Contractor shall provide 24-hour advance notice in writing of an alternate POC to all SUPSALV division directors.

ESSM facility personnel shall work a regular eight-hour, five-day, 40 hour per week schedule. The times at which Contractor personnel may begin and end an eight-hour day are at the discretion of the Contractor, but must cover core working hours between 0900-1400 local time.

5.3 ESSM Supply/Material Support

The Contractor shall, to the maximum extent practicable, use GSA for acquiring spare / repair parts to support maintenance, repair, and replacement efforts conducted at ESSM facilities. If spare repair parts are not available through GSA, the Contractor shall be responsible to identify commercial sources for ordering, stocking, and distribution of spare / repair parts and material within the ESSM warehouse system. Any property received from the Defense Reutilization Management Office (DRMO) is ESSM property and shall be entered into ESSM inventory and maintained accordingly.

5.4 Transportation, Shipping and Receiving of ESSM Equipment

The Contractor shall be responsible for arranging transportation of the ESSM/Fleet property. The Contractor shall prepare and ship ESSM/Fleet property from/to ESSM facilities to/from operational sites or other areas designated by SUPSALV. In instances where the contractor is solely responsible for transportation of equipment via ESSM resources or subcontracted providers, the contractor is liable and shall insure for loss or damage of the government-owned equipment. The Contractor shall receive, restore to operational readiness condition, and re-inventory property returned from field operations.

5.5 Maintenance, Repair, Overhaul, Modification, Fabrication, Procurement, Testing and Operation of ESSM and Fleet Property

The Contractor shall provide for the operation and maintenance of deployed ESSM/Fleet property. Additionally, the Contractor shall maintain, repair, refurbish, overhaul, modify, fabricate, procure, test, and/or operate ESSM/Fleet property at assigned ESSM facilities. Maintenance shall be performed in accordance with applicable Maintenance Requirement Cards (MRC), the ESSM Operations Guide or other SUPSALV designated instructions. MRCs provide, for each category of ESSM property, the required maintenance (e.g., periodicity, maintenance procedures, tools, man-hours required, test procedures). Maintenance of property owned by other Federal agencies shall be maintained in accordance with instructions and procedures established by the owning agency. Repair and depot-level overhaul of ESSM/Fleet property shall be performed in accordance with the equipment manufacturer’s guidelines. ESSM/Fleet property shall be maintained, repaired, refurbished, overhauled, modified, and/or tested to maintain effective readiness per the MRCs, ESSM Operations guide or other SUPSALV designated instructions (such as the U.S. Navy Dive Manual) .

The Contractor shall procure, fabricate, and/or replace ESSM/Fleet property when authorized by SUPSALV. The Contractor shall not procure, fabricate, modify or replace any ESSM equipment without the prior approval of SUPSALV. Procurement and fabrication shall be limited to property in ESSM inventory, has the same function or purpose as that in ESSM inventory, or represents technological advancement in obsolete ESSM property.

To assess the quality of maintenance, the Government may conduct random operational testing of equipment that has been designated as meeting all MRC requirements. The Contractor shall operate and test equipment in support of the Government and return all property to storage status in accordance with the applicable MRC.

The Contractor shall provide engineering and naval architectural services, configuration management, and associated computing services required to manage, maintain, repair, upgrade, modify, refurbish, overhaul, fabricate, replace, design, procure, and/or test ESSM/Fleet property. These services shall include design, modification, fabrication, and testing of property similar to that included in ESSM inventory.

5.6 Operations Support

The Contractor shall provide personnel and assistance to SUPSALV in areas of Oil and Hazardous Substance (OHS) spill response, UWSH, diving, and salvage operations as described below.

Oil and Hazardous Substance (OHS)

OHS spill response is required for the Navy or other civilian and Federal sources. Details of such support are outlined in individual orders and typically involve operators for and shipment of ESSM property. The Contractor shall be prepared to respond to such requirements utilizing ESSM property, spill response teams, equipment operators and/or other resources required. OHS spill response operations include OHS spill containment and collection, use of chemical OHS spill mitigation agents, OHS handling and storage, shoreline cleanup, hazardous waste disposal, and any other support pertaining to such operations. The Contractor shall ensure all hazardous substances are handled and processed in accordance with federal, state, and local base/installation plans or operations and environmental regulations. The Contractor shall also assist SUPSALV in OHS contingency planning, and spill response training, as directed.

Salvage and Towing

Salvage and towing support typically involves provision of operators for and shipment of ESSM property used in support of SUPSALV/Fleet salvage operations. The Contractor shall be prepared to respond to such requirements utilizing ESSM/Fleet property, equipment operators, and/or other resources required. Support may also involve preparation and inspection of surface vessels and submarines and may require access to spaces containing equipment, hull penetrations, and engineering and propulsion spaces potentially containing Restricted Data.

Diving

Diving support typically involves performing required maintenance and repairs of Fleet Diving Life Support Systems (DLSS), including hydrostatic testing of cylinders, flasks, volume tanks and filter housings. Cleaning of DLSS systems and components shall be in accordance with MIL-STD 1330D. Other services include repair and adjustments of USN diving helmets, routine helmet fiberglass repairs, gauge calibration for both air and oxygen gauges, repair of diver communication boxes, and assembly, repair, and testing of diver umbilical and system hose assemblies.

Under Water Ship Husbandry (UWSH)

UWSH operations include, but are not limited to, the use of UWSH equipment in support of ship maintenance operations or equipment and repair procedure evaluations carried out by Navy (military and civilian) or commercial divers. Operations are conducted worldwide under the technical supervision and control of SUPSALV personnel.

The Contractor shall provide topside (non-diver) labor and material support to prepare, package, transport, operate, and/or maintain property required for UWSH operations.

Logistic Support

The Contractor shall provide engineering services in support of operations including development and updating of equipment operating, emergency, and maintenance procedures, writing and updating regional OHS spill contingency plans, designing and delivering Spill Management Team courses and other response management training, reviewing regulatory requirements, and other pollution related support. All plans and training courses shall conform to all applicable laws and regulations.

The Contractor shall provide management, labor, equipment operators, and material support for rigging, transportation, equipment operation, repair, connection, cleanup, and re-storage of ESSM equipment utilized in operations.

The Contractor shall charter ships, boats, barges and/or platforms required to support ESSM related operations and training exercises. Additionally, the Contractor shall provide on-scene (field) personnel messing and berthing, material handling equipment, staging areas, pier space and related facilities, procurement and disposal of fluids, and any other logistics support required during operations and training exercises.

5.7 Training

The Contractor shall provide personnel for Government furnished training in the handling, packaging and certification of hazardous substances for shipment (e.g., compressed gases, fuels, hydraulic and lubricating oils, etc.); and shall ensure hazardous substances are handled and processed in accordance with local base/installation plans or operations and environment regulations.

Contractor ORT personnel shall be trained to meet all applicable OSHA regulations regarding OHS spill response and clean-up as well as any other applicable safety requirements. The Contractor shall be responsible for maintaining up-to-date training records as required to meet OSHA standards.

The Contractor shall design and conduct training exercises to improve the knowledge, skills, and readiness of personnel from the ESSM ORTs, the Fleet, and other Government agencies, in state- of-the-art salvage, diving, pollution control, and UWSH equipment and procedures. Training exercises shall adequately address and instruct personnel in the areas of equipment testing techniques and procedures, equipment operating techniques and procedures, readiness and response capabilities, and operational skill level.

Prior to training exercises, the Government will provide an outline of the training requirements, goals, and objectives for which the exercise is designed to achieve. The Contractor shall prepare operational plans with schedules that provide a detailed timetable for all events.

The Contractor shall take full advantage of opportunities during routine maintenance and repair of ESSM/Fleet property to conduct on-the-spot training.

PART 2 – GENERAL REQUIREMENTS

SCHEDULED LABOR

Qualifications: The Contractor shall provide personnel as specified in Attachment J-2, Scheduled Personnel Qualifications. When proposed personnel for scheduled positions do not meet all stated desired qualifications, the contractor may list substitute qualifications with justification of why it meets or exceeds the original requirement.

An example would be additional years of experience performing in a similar billet in place of the requirement for a college degree. In addition, Key Personnel are subject to the terms of the Section H clause entitled, Substitution of Personnel (5252.237-9106).

Workmanship: The quality of all work rendered hereunder shall conform to the highest standards in the relevant profession, trade or field of endeavor. All support provided shall be performed by individuals who are fully qualified in relevant professions, trades or fields; and hold any licenses required by law.

Job Functions and Scheduled Rates: The functions to be performed by personnel shall correspond to the title of the labor category. Further, work required under an individual order may require personnel whose qualifications do not conform to those labor categories delineated in Attachment J-1 Scheduled Labor Rate Tables. For example, an individual order for services could require the contractor to supply the services of a Naval Architect which is not a labor category identified as Scheduled Personnel. Personnel that do not accurately meet the qualifications of Scheduled Personnel labor categories are considered non-scheduled labor. Non-scheduled labor shall be reimbursed in accordance with the provisions of the clause entitled, Allowable Cost and Payment (FAR 52.216-7). For purpose of establishing appropriate fee limitation, labor provided via a subcontract is considered Other Direct Costs (ODC).

The rates included in Attachment J-1, Scheduled Labor Rate Tables, are the fully burdened rates to be charged by the Contractor for individuals who are performing work under a specific order and who meet the qualifications of the Scheduled Personnel labor categories. Labor charges shall begin upon commencement of service after assignment of a specific order and shall end upon completion of an individual’s direct effort under the order. The rates set forth in Labor Rate Tables of Attachment J-1 shall apply regardless of whether personnel in excess of the quantity referenced in Attachment S-4 are being utilized.

This contract is subject to the Service Contract Act (SCA) of 1965, as amended. The Scheduled positions for which SCA codes are identified are non-exempt positions and as such are subject to the Federal Acquisition Regulation (FAR) clause 52.222-43 Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option Contracts) (May 1989). Non-exempt rates for each of the ordering periods will be adjusted if changes are applicable based on Wage Determinations Rates for Scheduled positions (Attachment S-5). Exempt positions will not be subject to any rate adjustments for the duration of the contract. The Ordering Period Pricing in J-1 Scheduled Labor Rates tables will become effective with each new ordering period effectivity date in accordance with Contract Anniversary dates.

SALVAGE CLAIMS

The Contractor shall indemnify and hold harmless the Government, including its agencies, instrumentalities, personnel and property, against all suits, actions, claims or demands for payment of salvage awards filed or made by the Contractor, its agents, subcontractors, or employees directly or indirectly arising from the performance of any work under this contract.

USE AND REMOVAL OF EXPLOSIVE ORDNANCE MATERIAL

The Contractor recognizes that performance under this contract may require use and/or disposal of explosive ordnance material. When explosives are to be used or disposed of in the performance of orders under this contract, the Contractor shall take all reasonable and required precautions for the protection of all personnel and property exposed to such operations.

REMOVAL OF HAZARDS TO NAVIGATION

During the performance of any work under this contract, the Contractor shall immediately remove from the site of such work and properly dispose of any object tasked by SUPSALV under the order that may constitute a hazard to navigation. In the event any material or equipment is lost, dumped or thrown overboard, or is sunk during the performance of any work under this contract, the Contractor shall immediately buoy or otherwise mark the location of such material or equipment and shall notify SUPSALV, identifying the material or equipment and the location of the occurrence. If SUPSALV determines that such material or equipment may constitute a hazard to navigation, the Contractor shall immediately recover, remove, and dispose of same. If the Contractor delays or fails to comply with the foregoing requirements, the Government, by contract or otherwise, may arrange for the recovery, removal and disposition of such material or equipment and charge to the Contractor the cost incurred by the Government in so doing.

RISK OF LOSS AND LIABILITY OF OFFEROR

The Government shall not be liable for and the Contractor assumes all risk of and liability for (1) loss or damage to all property of the contractor, of subcontractors and of any other tier provided or employed by the Contractor for the performance of orders under this contract; and (2) injury to or death of third parties, including the employees of the Contractor and subcontractors of any tier; provided, however, that with respect to orders issued on a cost reimbursement basis, the provisions of the General Provisions clause entitled “Insurance – Liability to Third Persons” (FAR 52.228-7) shall control to the extent that such clause is inconsistent with the foregoing provisions of this Article. All insurance procured by the Contractor shall provide for waiver of subrogation against the Government.

CONDITIONS OF HIRE FOR OFFEROR’S SHIPS, CRAFTS, PORTABLE AND MISCELLANEOUS

EQUIPMENT, AND PERSONNEL

Ships, Crafts, Vessels and Barges: Hire starts at the time the Contractor or subcontractor supplying ships, crafts, vessels, and barges commences preparations for service after receipt and acceptance of an order and terminates at the time of return to station, or area of diversion if applicable, portable equipment, if any, is removed, and ship is refueled and re-supplied. No periods of post-operational maintenance, repair, or overhaul shall be included in the on-hire period except when structural alterations or modifications are required for the performance of the order that require post-operational work to return the ship to its pre-assignment state.

Portable Equipment: Hire starts at the time equipment leaves station or ship as applicable, and terminates at the time it is returned thereto. No periods of post-operational maintenance, repair or overhaul shall be included in the on-hire period except when structural alterations or modifications are required for the performance of the order that require post-operational work to return the equipment to its pre-assignment state.

Personnel: Hire starts at the time the individual begins performance (after the company has received a Order) and terminates on the date of return to station (or area of diversion if applicable) except when offloading of portable equipment is required, in which case such personnel that are reasonably required to effect said offloading may be charged for; or, if structural alterations or modifications are required for the performance of the order, then requisite personnel time for post-operational work to return the ship, craft, or equipment to its pre-assignment state is permitted.

SPECIAL PROVISION REGARDING LIABILITY

Pursuant to contract clause 52.228-5 “Insurance – Work on a Government Installation” and FAR 52.228-7 “Insurance – Liability to Third Persons,” the Government’s desired minimum liability coverage is stated in FAR 28.307-2 “Liability.” Under FAR 28.307-2(e) regarding vessel liability, the Government’s desired minimum coverage is the value of the ship, or up to a maximum of $3,000,000, whichever is less.

CONTRACTOR MANPOWER REPORTING

Enterprise-wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for ESSM via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year.

Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

CLAUSES INCORPORATED BY FULL TEXT

HQ C-2-0014 CONTRACTOR'S PROPOSAL (NAVSEA) (MAR 2001)

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with detailed obligations to which the Contractor committed itself in Proposal ESSM dated 30 Apr 2018 in response to NAVSEA Solicitation No. N00024-17-R-4323.

(b) The technical volume(s) of the Contractor's proposal is incorporated by reference and hereby made subject to the provisions of the "ORDER OF PRECEDENCE" (FAR 52.215-8) clause of this contract. Under the "ORDER OF PRECEDENCE" clause, the technical volume of the Contractor's proposal referenced herein is hereby designated as item

(f) of the clause, following "the specification" in the order of precedence.

HQ C-2-0034 MINIMUM INSURANCE REQUIREMENTS (NAVSEA) (SEP 1990)

In accordance with the clause of this contract entitled "INSURANCE--WORK ON A GOVERNMENT INSTALLATION" (FAR 52.228-5), the Contractor shall procure and maintain insurance, of at least the kinds and minimum amounts set forth below:

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

(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.

HQ C-2-0038 PERMITS AND RESPONSIBILITIES (NAVSEA) (SEP 1990)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations, in connection with any movement over the public highways of overweight/overdimensional materials.

HQ C-2-0051 SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)

(a) Definitions.

(i) A "zero-tier reference" is a specification, standard, or drawing that is cited in the contract (including its attachments).

(ii) A "first-tier reference" is either: (1) a specification, standard, or drawing cited in a zero-tier reference, or (2) a specification cited in a first-tier drawing.

(b) Requirements.

All zero-tier and first-tier references, as defined above, are mandatory for use. All lower tier references shall be used for guidance only.

HQ C-2-0059 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)

If, during the performance of this or any other contract, the contractor believes that any contract contains outdated or different versions of any specifications or standards, the contractor may request that all of its contracts be updated to include the current version of the applicable specification or standard. Updating shall not affect the form, fit or function of any deliverable item or increase the cost/price of the item to the Government. The contractor should submit update requests to the Procuring Contracting Officer with copies to the Administrative Contracting Officer and cognizant program office representative for approval. The contractor shall perform the contract in accordance with the existing specifications and standards until notified of approval/disapproval by the Procuring Contracting Officer. Any approved alternate specifications or standards will be incorporated into the contract.

HQ C-2-0063 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA)

(APR 2004)

(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 are free to enter into separate non-disclosure agreements with the file room contractor. (Please contact Director, E Business Division 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.

HQ C-2-0066 CONTRACTOR SAFETY AND HEALTH REQUIREMENTS FOR ACCESS TO NAVSEA/PEO

SITE (NAVSEA) (MAY 2012)

(a) Contractor personnel shall comply with all badging and security procedures required to gain access to any NAVSEA/PEO site. Contact the Contracting Officer’s Representative (COR) for specific requirements.

(b) Contractors are required to adhere to the requirements of 29 CFR 1910, 29 CFR 1926 and applicable state and local requirements while in NAVSEA/PEO government spaces. Contractors who are injured on site shall notify SEA 04RS, Safety Office, via the COR.

(c) NAVSEA/PEO site facilities are low to mid-rise buildings with elevators and a contractor operated restaurant facility in building 197. Utility areas, electrical/phone closets and the roof are generally secured areas with restricted access. NAVSEA/PEO HQ sites generally exhibit low hazards with no personal protection equipment (PPE) requirements. Hazards are those typically found in an office environment. Slips, trips and falls on wet/icy surfaces, pest control, and ergonomic concerns are the primary hazards. It is expected that contractor employees will have received training from their employer on hazards associated with the areas in which they will be working and know what to do in order to protect themselves.

(d) Contractors whose employees perform work within NAVSEA/PEO government spaces in excess of 1000 hours per calendar quarter during a calendar year shall submit the data elements on OSHA Form 300A, Summary of Work Related Injuries and Illnesses, for those employees to SEA 04RS via the Contracting Officer’s Representative by 15 January for the previous calendar year, even if no work related injuries or illnesses occurred.

(e) Any contractor employee exhibiting unsafe behavior may be removed from the NAVSEA/PEO site. Such removal shall not relieve the contractor from meeting its contractual obligations and shall not be considered an excusable delay as defined in FAR 52.249-14.