N00024-20-R-4301.pdf

CODE

(Hour)

PAGE(S)

until 02:00 PM local time 31 Aug 2020

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X C X D

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75 - 93

X H 94 - 100

JOSHUA.ELLIS1@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)

1 100

(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

See Item 7

9. Sealed offers in original and 2 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)

JOSHUA ELLIS 202-781-1477

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 13

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

14 - 28

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

31 - 34 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 35 - 48 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 49 - 50 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

51 - 72

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.

N0002419NR00425

5. DATE ISSUED

15 Jul 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0002420R4301

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

Lot

WORLDWIDE UNDERSEA OPERATIONS

CPAF

OPERATONAL SERVICES IN SUPPORT OF THE DIRECTOR OF OCEAN

ENGINEERING, SUPERVISOR OF SALVAGE AND DIVING (SUPSALV)

WORLDWIDE UNDERSEA OPERATIONS. See note A, B, and D.

FOB: Destination

PURCHASE REQUEST NUMBER: N0002419NR00425

PSC CD: P999

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

Lot

WORLDWIDE UNDERSEA OPERATIONS

CPAF

NONOPERATONAL SERVICES IN SUPPORT OF THE DIRECTOR OF

OCEAN ENGINEERING SUPERVISOR OF SALVAGE AND DIVING

(SUPSALV) WORLDWIDE UNDERSEA OPERATIONS See Noted A, B, and

D.

FOB: Destination

PSC CD: P999

DATA ITEMS

For Items 0001 and 0002, (See DD Form 1423, Exhibit A). Data will be specified in individual orders. See notes A and C.

CLAUSES INCORPORATED BY FULL TEXT

B-216-H005 DETERMINATION OF AWARD FEE (NAVSEA) (MAR 2019)

(Applies separately and independently to each CPAF Item(s) 0001 and 0002 order issued under the contract.)

(a) Minimum Fee

The base fee, as set forth in Section B of this contract, shall constitute a minimum fee to be paid for the performance of this contract. The Base Fee shall be paid in accordance with the clause of this contract entitled

"Fixed Fee" (FAR 52.216-8).

(b) Award Fee

In addition to the minimum (or base fee) to be paid hereunder, if any, the Contractor may earn an award fee as determined by the Fee Determining Official (FDO). The Government's purpose in granting an award fee is to encourage and reward superior Contracting effort directed toward performance of this contract. The specifics for evaluation are set forth in the paragraphs that follow.

(c) Award Fee Board

The Contractor's performance under individual orders will be evaluated by an Award Fee Board (AFB) consisting of a designated representative(s) from the Office of the Director of Ocean Engineering, Supervisor of

Salvage and Diving. The AFB will be established by the individual order.

(d) Fee Determining Official

(1) Within thirty (30) days after completion of an order, the Contractor shall furnish to the AFB such information as may be reasonably required, including a Certified Statement of Cost (CSC) for costs incurred for performance of the order, to assist the AFB in evaluating the Contractor’s performance.

(2) Within fifteen (15) days after receipt of the CSC, the AFB shall review and evaluate the Contractor’s performance. The Board may consider reports, both oral and written, from all interested parties. The Board shall arrive at a recommended performance rating and advise the FDO of its recommendation including the reasons, rationale, and justifications therefore. The Board findings shall be presented to the Contractor, via e-mail, who will then be provided an opportunity to provide written comments on the evaluation findings to the FDO within five (5) working days. In such case, these comments shall be considered by the FDO in establishing the award fee earned for the order.

(3) The FDO shall provide the Procuring Contracting Officer (PCO) a final performance evaluation and determination of the award fee earned for the individual order within five (5) working days after receipt of the

Board’s findings and/or Contractor’s written comments.

(4) Within ten (10) working days after receipt of the FDO’s final determination and the Procurement Request

(PR), the Contracting Officer shall issue a unilateral modification to the contract to provide for the award fee earned for the order.

(f) Fee Determination Official’s Determination

Determinations of the FDO with respect to the amount of the award fee to be paid to the Contractor and the methodology for determining the award fee are unilateral decisions made solely at the discretion of the Government.

(g) Evaluation Categories and Factors

The Contractor's performance during each evaluation period will be judged in the categories listed below. The

Government reserves the right to make changes in evaluation categories and factors or weights assigned to evaluation categories by unilateral modification. The Contractor may propose performance objectives for any period; however, only those received at least thirty (30) days prior to the start of an evaluation period will be considered for that evaluation period. The Contractor will be notified of changes in the evaluation categories and factors as well as adjustments to the weighting of categories, if any, prior to commencement of each evaluation period. Unsatisfactory performance under an award fee criterion may result in increased weighting for that factor in subsequent evaluation periods.

The Contractor's performance under individual orders will be judged in three (3) categories: (1) Quality of

Performance, (2) Timeliness of Performance, and (3) Cost Performance. The category weightings will be 60 percent, 40 percent, and 100 percent, respectively, unless otherwise specified in individual orders.

Quality of Performance. The Contractors Quality of Performance will be evaluated in terms of their effectiveness in achieving program objectives. The following shall be considered:

(1) Personnel/Equipment. The effective use of personnel and equipment in meeting mission requirements will be evaluated. This will include personnel and equipment reliability.

(2) Planning. The effectiveness of the Contractor in initial planning, updates to initial plans, problem anticipation and avoidance will be evaluated. The Contractor’s planning of how the task is to be executed will be considered including documentation of equipment layouts, appropriate use of a project planning tool, such as

Microsoft Project, in planning, and provision of data/documentation for SUPSALV review.

(3) Use of Subcontractors. The Contractor’s ability to effectively select and manage subcontractors and material vendors will be evaluated including job delays and disruptions attributable to subcontractors.

(4) Report Submissions. The Contractor’s effectiveness in developing and submitting well constructed, clear, concise and accurate, reports, engineering designs, drawings, software and other deliverables will be evaluated.

(5) Care of Equipment. The Contractors effectiveness in sparing, maintaining, repairing, protecting, preserving and storing, shipping, and using equipment will be evaluated.

(6) Safety. Adherence to proper personnel safety practices while conducting task will be evaluated. This should include proper use and provisioning of safety equipment, safety manual maintenance and proper training.

(7) End Results. Overall results of the task including how well goals were met whose criteria will be established by delivery order, effective use of personnel and equipment and number of disruptions due to

Contractor error will be evaluated.

(8) Communication with SUPSALV. Clear and effective communication with the appropriate SUPSALV

Representative(s) regarding problem areas and their solutions will be evaluated.

(9) In-house Communication. Clear and effective communication within the Contractor’s organization for supporting contractual requirements will be evaluated. This includes access from the working level through supervisory and management levels.

Timeliness of Performance. The Contractors Timeliness of Performance will be evaluated in terms of their effectiveness in achieving program objectives. The following shall be considered:

(1) Mobilization and Demobilization. Effectiveness in mobilizing and demobilizing personnel and equipment in a timely manner will be evaluated.

(2) Scheduling. Effectiveness in establishing a schedule and the ability to achieve the schedule will be evaluated.

(3) Milestone Updates. Recovery from missed events and deadlines that could impact successful completion will be evaluated.

(4) Use of Personnel and Recruitment. Timeliness in obtaining and utilizing in-house and subcontractor personnel will be evaluated.

(5) Communication. Timeliness of notification to appropriate SUPSALV Representative(s) concerning progress in meeting and/or adjusting task milestones will be evaluated.

(6) Subcontracting Equipment and/or Personnel. The timeliness in subcontracting for specialized equipment and personnel will be evaluated.

(7) Submission of Reports. The Contractor’s timely submission of project reports including daily project status reports, financial status and after project briefing reports will be evaluated.

Cost Performance. The Contractors Cost of Performance will be evaluated in terms of their effectiveness in achieving program objectives. The following shall be considered:

(1) Mobilization and Demobilization. Mobilization and demobilization cost effectiveness will be evaluated.

(2) Problem Identification and Resolution. Effectiveness in identifying and resolving cost problems in a timely manner will be evaluated.

(3) Communication. Submission of daily cost reports as required and timely notification of cost overruns and/or under-runs will be evaluated.

(4) Estimating. Effectiveness in establishing and meeting cost estimates will be evaluated.

(5) Use of Subcontractors. Cost effectiveness in utilizing subcontractor assets versus in-house assets will be evaluated.

(h) Evaluation Periods/Award Fee Pool

Award fee pools will be established in individual orders. Award fee pools will be established by using the fee percentages specified in the “Fee Percentages for Cost Reimbursable Orders” table to be incorporated upon contract award. Utilizing the Contractor’s estimate of costs required to perform an order the Government and Contractor shall negotiate and establish an estimated cost for performance of an order.

The award fee pool for individual orders, once established, will represent the maximum amount of award fee that may be earned by the Contractor for the order and will not be adjusted; except that when the work under an order is increased or decreased by a modification to the order or when any equitable adjustment in estimated cost is authorized under any other clause of the contract, the award fee pool shall be adjusted.

There will be no rollover of unearned award fee.

(i) Performance Ratings

(1) In evaluating Contractor performance, the following adjective and numerical ratings will be used:

Percentage Adjective Rating Adjective Definition

91 – 100 Outstanding The Contractor's performance exceeds the requirements by a substantial margin. There may be a few areas for improvement, but all are minor.

81 – 90 Excellent The Contractor's performance exceeds the requirements in most areas. There may be several areas for improvement, but these areas are offset by better performance in other areas.

71 – 80 Good The Contractor's performance meets and, in some cases, exceeds the requirements. Areas for improvement are offset by better performance in other areas.

61 – 70 Satisfactory The Contractor's performance does not meet the requirements in all areas. There are areas for improvement that are not offset by better performance in other areas. The need for improvement is such that Government action may be required.

0 – 60 Unsatisfactory The Contractor’s performance is less than the requirements by a substantial margin in more than one area. Contractor performance is considered to be such that a potentially adverse program impact is foreseen. The need for improvement is such that Government action is required.

(2) The relationship of the percent of award fee pool to be paid for each contract line item evaluated to the overall final performance rating as determined by the FDO will be as follows:

Overall

Performance Rating Percent of Award Fee

0 – 60 0

Performance Rating

61 - 100 Performance Rating Percentage x Award Fee Pool

The Government will determine a performance rating for each evaluation category. Each evaluation category performance rating will then be multiplied by the weight for that category to determine a weighted performance rating. The overall performance rating for an individual order is equal to the sum of the weighted performance ratings.

The following method will be used to determine the weighted performance rating:

Score = (Quality rating * 60% + Timleliness rating * 40%) * Cost rating * 100%

The award fee pool will be established based upon the issuance of each cost plus award fee delivery order.

The award fee earned for an individual order is calculated by dividing the overall performance rating by 100 and multiplying that result by the award fee pool.

(3) A performance rating of 60 or below is deemed unsatisfactory. The Contractor is not entitled to any award fee for a rating of 60 or below.

(j) Maximum Fee

In no event shall the total fee (base fee plus award fee) under this contract exceed ten (10) percent of total estimated cost.

(k) Payment of Award Fee

The Contractor shall be paid award fee, if any, upon submittal of a proper invoice or voucher to the cognizant

Payment Office, together with a copy of the unilateral modification to the contract authorizing payment of award fee for the applicable Evaluation Period. The Contractor's invoice shall show the amount of award fee payable to each sub-line item, which shall be directly proportionate to the amount or allowable Estimated Cost (exclusive of base fee and FCCOM) incurred by the Contractor during the Evaluation Period. The Contractor's invoice must cite the appropriate accounting data in order for payment to be affected. There will be no provisional, interim, or advance billing of award fee prior to a final determination of the FDO and execution by the contracting officer of a contract modification authorizing payment.

(l) Award Fee Determination in Event of Termination or Discontinuance

In the event that this contract is terminated in whole or pursuant to the contract clause entitled "Termination (Cost-

Reimbursement)" (FAR 52.249-6) or in the event this contract is discontinued pursuant to the contract clause entitled

"Limitation of Cost" (FAR 52.232-20), the last award fee period shall end with the effective date of such termination or discontinuance. In either of such events, the amount of award fee, if any, determined to be otherwise payable shall be adjusted or prorated to reflect the difference, if any, in award fee periods resulting from termination or discontinuance.

(End of text)

B-231-H001 TRAVEL COSTS (NAVSEA) (OCT 2018)

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its actual travel costs in accordance with FAR 31.205-46. The travel costs to be reimbursed shall be those costs for which the Contractor has maintained appropriate documentation and which have been determined to be allowable, allocable, and reasonable by the

Procuring Contracting Officer, Administrative Contracting Officer, or their duly authorized representative.

(b) Reimbursable travel costs include only that travel performed from the Contractor's facility to the worksite, in and around the worksite, and from the worksite to the Contractor's facility.

(c) Relocation costs and travel costs incidental to relocation are allowable to the extent provided in FAR 31.205-35;

however, Procuring Contracting Officer approval shall be required prior to incurring relocation expenses and travel costs incidental to relocation.

(d) The Contractor shall not be reimbursed for the following daily local travel costs:

(i) travel at U.S. Military Installations where Government transportation is available,

(ii) travel performed for personal convenience/errands, including commuting to and from work, and

(iii) travel costs incurred in the replacement of personnel when such replacement is accomplished for the

Contractor's or employee's convenience.

B-232-H003 PAYMENTS OF FEE (S) (COMPLETION) (NAVSEA) (OCT 2018)

(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, or "fixed fee" in cost-plus-fixed-fee type contracts.

(b) The Government shall make payments to the Contractor, subject to and per the clause in this contract entitled "Fixed

Fee" (FAR 52.216-8) or "Incentive Fee", (FAR 52.216-10), as applicable. Such payments shall be equal to percent ( ) of the allowable cost of each invoice submitted by and payable to the Contractor pursuant to the clause of this contract entitled "Allowable Cost And Payment" (FAR 52.216-7), subject to the withholding terms and conditions of the "Fixed Fee" or "Incentive Fee" clause, as applicable (percentage of fee payable is based on fee dollars divided by estimated cost dollars including facilities capital cost of money). Fee shall not be applied on Facilities Capital Cost of

Money per FAR 15.404-4(c)(3) and DFARS 215-404-71-4. Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract.

(c) In the event of discontinuance of the work under this contract, or any specified phase of the contract, per the clause of this contract entitled "Limitation of Funds" (FAR 52.232-22) or "Limitation of Cost" (FAR 52.232-20), as applicable, the fee shall be equitably adjusted by mutual agreement to reflect the diminution of work. If the adjusted fee is less than the sum of all fee payments made to the Contractor under this contract, the Contractor shall repay the excess amount to the Government. If the adjusted fee exceeds all payments made to the Contractor under this contract, the Contractor shall be paid the additional amount, subject to the availability of funds. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract at the time of the discontinuance of work.

(d) Fee(s) withheld pursuant to the terms and conditions of this contract shall not be paid until the contract has been modified to reduce the fee(s) per paragraph (c) above, or until the Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required.

B-232-H006 LIMITATION OF COST OR LIMITATION OF FUNDS CLARIFICATION (NAVSEA) (OCT 2018)

The clause entitled "Limitation of Cost" (FAR 52.232-20) or "Limitation of Funds" (FAR 52.232-22), as appropriate, shall apply separately and independently to each separately identified estimated cost.

NOTE A

Offeror shall complete the "Price Group" and "Estimated Total Price" blocks of each data item on the Contract Data

Requirements List(s), attached to individual Delivery Orders.

NOTE B

All estimated and incurred travel costs shall be in accordance with FAR 31.205-46 and NAVSEA clause B-231-H001.

NOTE C

Contract Data Requirements List (CDRLs), DD Form 1423, will be issued under each Delivery Order when required.

Not Separately Priced.

NOTE D

Ordering Periods per below table:

Ordering Period

(OP)

OP1 OP2 OP3 OP4 OP5

Period of

Performance

CAD +

Months

CAD +

13-24

Months

CAD +

25-36

Months

CAD +

37-48

Months

CAD +

49-60

Months

NOTE REGARDING THE START AND E

Due to the varied nature of the operational work performed under this contract, it is impossible to set requirements for the beginning and end of the work day or shift. Therefore, the SUPSALV representative shall set the start and ending times for each individual operation.

The contractor’s estimate/cost tracking program shall incorporate operational and non-operational rates for all

Schedule A personnel, Schedule B equipment and non-scheduled items. All charges shall be subject to the

SUPSALV representative’s approval.

NOTE REGARDING SCHEDULE E

Charges shall begin upon commencement of service after assignment to a specific task, and shall cease upon completion of the individual’s direct effort under the delivery order.

All travel, lodging and subsistence expenses will be reimbursed to the Contractor at actual, reasonable and allowable cost pursuant to FAR Part 31.

The Schedule E rates shall be used for pricing delivery orders issued on a Cost-Plus-Award-Fee basis of compensation. These rates are fixed, fully burdened rates that exclude only the fee (if any). Operational payment rates must comply with the Service Contract Act (SCA) required minimum rates.

Use of non-scheduled personnel and associated rates shall require prior approval of the Director of Ocean

Engineering/Supervisor of Salvage and Diving, USN (SUPSALV).

Operational rates for Schedule A personnel cover time spent working at an operational work site. Overtime rates cover Saturdays, Sundays, federal holidays, and time in excess of a 40 hour work week for direct effort under this contract. All overtime requires prior SUPSALV approval.

Stand-by/Facility rates cover actual time in a travel status to and from a (TDY/Operation site) location; all mobilization and de-mobilization of GFE, GFM, CAP and Schedule B equipment; and all non-operational work.

Stand-by/Facility rates replace operational rates for Government-caused delays in excess of 2 hours to ensure a minimum 8-hour workday at an operational site in support of operational work.

NOTE REGARDING SCHEDULE F

Equipment may be subcontracted on a case-by-case basis, as directed or approved by SUPSALV, where time is critical or mobilization and demobilization costs would make the use of a day rate impractical. Subcontracted equipment will be reimbursed in accordance with subcontracting procedures in which case the Schedule F rates will not be used.

Rental charges shall begin to accrue the day the equipment leaves the shore-based facility for its intended-use destination and shall cease the day the equipment is returned to the facility, inclusive of travel time.

Scheduled rates shall be used for pricing delivery orders issued on a cost-plus-award-fee basis of compensation.

Operational rates cover the price charged for calendar days the equipment is at an operational site in support of operational work. The contractor shall not charge the government operational rates for any costs (specifically schedules E and F rates and any non-scheduled rates) related to Schedule B equipment maintenance, repairs, modifications or procurement. The contractor shall not charge the government while Schedule B equipment is stored at a storage facility. The operational rate also applies to non-scheduled equipment, where approved by

SUPSALV.

Standby/Facility rates cover the price charged for days the equipment is in shipping status (mobilization/de-mobilization); on-site during Government-caused delays in excess of 2 hours; and when the equipment is used at the contractor’s facility, or other facility, in support of a non-operational task. The Stand-by/Facility rates also apply to non-scheduled equipment for the above conditions, where approved by SUPSALV.

BASE FEE IS NOT APPLICABLE TO ANY OF THE COST-PLUS-AWARD-FEE LINE ITEMS IN THE

RESULTING CONTRACT. ANY FEE EARNED SHALL BE AWARD FEE GRANTED IN ACCORDANCE

WITH THE CLAUSE ENTITLED “DETERMINATION OF FEE”.

COMPENSATION AND PAYMENT

All work for which the Contractor claims entitlement to payment shall be evidenced by a delivery order, of which there are two types, the Operational delivery order and the Non-Operational delivery order. Operational delivery orders are those involving use of labor and/or equipment in the field in support of inspections, repairs, and maintenance performed to assets such as US Navy ships. Operational delivery orders are considered to be high risk and have a direct impact on the customer’s ability to perform its mission. Non-Operational delivery orders are those involving the utilization of labor and/or equipment in support of welding and non-destructive testing and qualification testing; equipment evaluation; design; demonstrations; procurement, maintenance, repairs and RFI of

GFE, GFM and CAP; engineering; fabrication; and procedural and technical writing. Non-operational delivery orders may require field deployment of personnel and/or equipment. Non-operational delivery orders concern lower risk projects that do not directly affect the customer’s ability to perform its mission.

Delivery orders under this contract shall provide for the following basis of compensation:

a. Cost-Plus-Award-Fee. (CLINS 0001 and 0002) On the "Cost-Plus-Award-Fee" basis, the

Contractor shall:

(1) Be compensated at the rates specified for personnel set forth in SCHEDULE E;

(2) Be reimbursed for ships and/or craft at rates no higher than those charged best commercial customers; however, these rates shall not exceed the actual reasonable and allowable amounts per FAR 31-201;

(3) Be reimbursed the allowable costs of all other work performed in accordance with the clause of the applicable general provisions entitled "ALLOWABLE COST AND

PAYMENT" (FAR 52.216-7) and FAR Part 31; and

(4) Be paid such fee as may be determined pursuant to the clause entitled

DETERMINATION OF FEE, as discussed below.

NOTE: Delivery Orders may be verbally issued in cases of compelling and unusual urgency. All Delivery

Orders issued in cases of compelling need and unusual urgency shall be performed under the "Cost-Plus-

Award-Fee” basis of compensation. Payment for such Delivery Orders shall require a written, confirming

Delivery Order.

INDIRECT COST CEILING RATES

The overall ceiling for this contract is $112,000,000. The services and material to be ordered hereunder shall be reimbursed in accordance with the provisions of the clauses entitled, “Payments” (FAR 52.232-1), “Allowable Cost and Payment” (FAR 52.216-7), “Basis of Compensation and Payment” and “Determination of Fee” (NAVSEA)

(APR 2004), the terms of which are construed to apply, on an individual basis, to each order issued.

INDIRECT CEILING RATES G&A PERCENTAGES APPLICABLE TO COST PLUS AWARD FEE

(CPAF) ORDERS.

If the Contractor agrees to cap their indirect rates, the below table shall be the maximum allowable under the contract. Please enter N/A if not applicable. Further, in the case of indirect costs the Contractor shall be reimbursed at the actual, allowable, and allocable cost or the below ceiling rate, whichever is less. The indirect rates below for

G&A only apply to non-scheduled costs; non-scheduled labor and other direct costs (ODCs). Note that G&A shall be included in scheduled labor rates (see Section J, Schedule E).

* The Offeror shall complete (fill-in) the table below.

INDIRECT COST CEILING RATES – G&A (%)

Indirect Cost/Rate OP1 OP2 OP 3 OP 4 OP 5

Non-Scheduled Costs ______% ______% ______% ______% ______%

FEE PERCENTAGES APPLICABLE TO COST PLUS AWARD FEE (CPAF) ORDERS.

The Contractor agrees that the fee percentages below shall be the maximum fee percentages used to establish award fee cost type orders. The fee percentages below will be applied to the total estimated costs to establish the maximum fee available under an order. The fixed fee or award fee pool amounts established for a delivery order will remain unchanged regardless of the final costs incurred for that order, except when the work under an order is increased or decreased by a modification to the order or when any equitable adjustment in estimated cost is authorized under any other clause of the contract, the award fee pool shall be adjusted. Award fee type orders will not include any Base Fee.

Non-Operational Orders Operational Orders

5% 10%

Section C - Descriptions and Specifications

SECTION C

PART 1 – CONTRACT LINE ITEM DESCRIPTION

I. General Description

The Naval Sea Systems Command’s Office of the Director of Ocean Engineering, Supervisor of Salvage and Diving

(SUPSALV or NAVSEA 00C) is responsible for maintaining contracts with commercial sources to supplement the

U.S. Navy’s salvage, search, survey, recovery and rescue capabilities. This indefinite delivery – indefinite quantity

(IDIQ) contract is the “Undersea Operations” contract. The primary purpose of the Undersea Operations contract is to provide engineering and technical services to assist SUPSALV in conducting worldwide rapid response undersea salvage, search, survey, recovery and rescue operations. The primary equipment used in support of worldwide rapid response undersea search, salvage and recovery operations is government owned and identified in Schedule F.

Engineering and technical services/tasks shall be performed in accordance with the Statement of Work (SOW) included in individual orders and their supplements, both of which will be placed against this contract, as authorized by SUPSALV/ NAVSEA 00C or the duly authorized representative. The individual order task(s) shall be within the scope of the basic tasks specified herein. Contractor personnel shall not, however, be considered employees of the

Government.

Travel time necessary for performance of services under this contract shall be included in computing the man-days or man-hours of service. However, the Contractor shall be paid for no more than one man-day of service per calendar day for each engineer/technical representative while in travel status. A man-day is considered the services of one person for one day of eight (8) hours.

II. Specifications

1. Item 0001 - Engineering and Technical Services for Operational Tasks in Support of SUPSALV.

a. Schedule A Personnel. The Contractor shall furnish the services of qualified Schedule A engineering and technical personnel to conduct worldwide rapid response undersea search, research, salvage, recovery, survey, escape and rescue, ocean engineering and implementation, inspection, documentation, training and other underwater operations. The Contractor shall be capable of providing sufficient and qualified Schedule A personnel to maintain and operate

Schedule F equipment and other Government- or Contractor-Furnished Equipment (GFE or CFE) on a twenty-four (24) hour per day basis. They shall be capable of maintaining Schedule F equipment in a Ready-For-Issue (RFI) status and of being operationally deployed with the GFE systems. RFI status means fully operational and configured for immediate (4 hour) response.

b. Mobilization. In situations deemed urgent by the Government, the Contractor shall mobilize personnel and/or equipment in support of at-sea/field operations with preparation activity underway at the contractor facility within 4 hours of notification. The Contractor shall be capable of providing a team of qualified personnel required to operate one Schedule F, Search and/or

Remotely Operated Vehicle (ROV) System, within that 4 hour response. In the event of a subsequent and/or simultaneous operation, the Contractor shall maintain a surge capability to mobilize a second independent operations team. The Contractor shall also maintain the ability to mobilize additional personnel and equipment for a third operation in a timely manner that does not exceed more than thirty (30) calendar days from the date of issuance of an order.

c. Repairs to Equipment. Equipment downtime can result in potentially catastrophic impacts for worldwide undersea operations. Accordingly, Contractor operating crews shall be capable of completing on-scene repairs to Schedule F and other operational equipment at a component level.

d. Transportation of GFE. The Contractor shall be capable of arranging for transportation of

SUPSALV GFE on a worldwide basis, including the use of commercial and/or Government air, land and sea transportation.

2. Item 0002 - Engineering and Technical Services for Non-Operational Task related to Worldwide Undersea

Operations in Support of SUPSALV.

a. The Contractor shall furnish the services of qualified engineering and technical personnel to maintain, test, repair, replace, refurbish and modify/ upgrade Schedule F undersea search and recovery systems and/or other equipment related to undersea operations.

b. The Contractor shall store and maintain, in RFI status, Schedule F equipment and associated ancillary equipment. RFI status means fully operational and configured for immediate (4 hour) response.

c. The Contractor shall furnish a minimum of 25,000 square feet of working facility. Of this, 20,000 square feet shall be enclosed and protected from outdoor elements and shall have adequate lighting and environmental conditions required to support and perform electronic storage and general maintenance. Within the 20,000 square feet shall be semi-isolated laboratory areas with adequate lighting and environmental conditions required to support and perform detailed maintenance and repair of electronic equipment and components. The remaining 5,000 square feet may be general warehouse and/or open-air, secure storage. In addition to the working facility, the Contractor shall provide a test facility of sufficient size and depth to fully submerge Schedule F equipment in water as required to cycle all subsystems and ensure their operational readiness. No award will be made to any Offeror which does not possess a facility security clearance issued by the Defense Security

Service at the Secret level. The test facility must be a self-contained artificial body of water co-located at the contractor’s facility. The test facility is not intended for pressure or acoustical testing. To meet the emergency response requirements for undersea operations, the Contractor’s facilities shall be located within a hundred fifty (150) mile radius of Andrews Air Force Base

(AFB). The working facility shall be equipped with telephone and facsimile communications, high-speed data/internet, e-mail, and video-internet conferencing abilities, and security protection against fire and theft.

d. The Contractor shall furnish the program management and services of qualified engineering, technical and administrative personnel as well as computer support, documentation support and ancillary equipment required to maintain and furnish the GFE systems in RFI status.

e. The Contractor shall maintain twenty-four (24) hour per day response capability. A minimum of two (2) designated points of contact shall be available to initiate system mobilization as directed by SUPSALV. Designated points of contact shall be accessible by either electronic text or cellular phone on a twenty-four (24) hour per day basis. The Contractor shall maintain an up-to-date employee call out list of all those employees associated with this contract to support emergency operations. The Contractor shall provide SUPSALV with an update-to-date copy of the call out list and specify emergency points of contact.

f. The Contractor shall be capable of transporting Schedule F and other operational equipment to either Andrews AFB or another location designated by SUPSALV. The Contractor shall ensure that sufficient trucks are available on a twenty-four (24) hour per day basis, including specialty trucks and around-the-clock driver resources. The Contractor may provide their own trucks and drivers or rely on trucking companies. The Contractor shall at all times, have a primary and a backup transportation system, either by having Letters of Agreement with two local trucking companies or, if the Contractor intends to provide their own trucks and drivers, only one local trucking company.

g. The Contractor shall provide cargo-handling equipment capable of weighing, loading and off-loading Schedule F and other operational equipment from trucks at the working facility.

h. The Contractor shall maintain a current list of the shipping dimensions required to transport the

Schedule F and other operational equipment, including center of gravity and weight for all systems and cubic volume of all components of the systems. All equipment and shipping containers shall be marked accordingly. All crane lifts points shall be clearly marked. No changes shall be made to the list or markings unless approved by SUPSALV first. For all GFE systems, the Contractor shall maintain up-to-date load out plans for trucks and commercial and United States Air Force (USAF) aircraft; up-to-date sea shipment deck load out plans for T-ARS-50 and T-ATF 166 class ships;

and up-to-date general deck plans and requirements for vessels of opportunity.

i. During hypothetical rapid response testing, the Contractor shall provide SUPSALV with a current estimate of load out time for GFE systems. The Contractor shall immediately advise SUPSALV of any problems anticipated in shipment of equipment as a result of USAF, Federal Aviation

Administration (FAA), or International Code Council (ICC) transportation regulations.

j. Schedule F equipment shall be maintained in accordance with associated operator and maintenance manual procedures. If proper manuals do not exist, the Contractor shall maintain components in accordance with best commercial practices. The Contractor shall maintain current and accurate hydraulic, electronic, mechanical and system configuration schematics and parts lists for Schedule F equipment. The Contractor shall maintain standard commercial drawings that include dimensioned assembly drawings, parts lists, and subassembly drawings. Parts lists shall include procurement information necessary to maintain and service equipment in RFI status.

Maintenance documentation shall include all electrical, electronic, hydraulic, and mechanical components and interconnections required for trouble shooting, repairing and ordering of spares.

Documentation shall be maintained with each system and a control copy shall be kept in the

Contractor’s main office.

k. If the repair or replacement of a GFE system or component would cost in excess of $20,000 for the system or $10,000 for the component, the Contractor shall immediately notify SUPSALV. The

Contractor may not proceed with the repair or replacement without the authorization of

SUPSALV.

l. The Contractor shall immediately notify SUPSALV when any component that degrades overall system operation is removed for repair and renders the system unavailable for longer than 4 hours to the extent that it could not be utilized in a rapid response situation.

m. The Contractor shall provide an inventory of all GFE, including GFE ancillary equipment and tools, within thirty (30) calendar days of contract award. The inventory shall be maintained to reflect the status of system components and spares, updated annually, and provided to SUPSALV for review. A final inventory shall be forwarded to SUPSALV upon completion of the contract.

n. Upon contract award, at least one (1) Contractor employee shall be available for training provided by the Government in the packaging and handling of hazardous material for transportation. Upon successful completion of the training, the Contractor shall be responsible for the packaging and certification for shipment of all hazardous material to be shipped with GFE systems.

3. Item 0003 – 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.

NO RESEARCH AND DEVELOPMENT WORK SHALL BE PERFORMED UNDER THIS CONTRACT.

PART 2 – GENERAL REQUIREMENTS

DISPOSAL OF EXPLOSIVE ORDANCE MATERIAL BY CONTRACTOR

The Contractor recognizes that performance under this contract may require disposal of explosive ordnance material.

Specific technical direction and procedures will be provided in the rare case that this service is ever required.

FAILURE OF GOVERNMENT TO INSIST ON COMPLIANCE

Failure of the Government to insist, in any one or more instances, upon strict compliance with any of the terms or conditions of this contract, or of any Delivery Order issued hereunder, shall not be construed as a waiver or relinquishment of the Government’s right to the future performance of such terms or conditions, and Contractor’s obligation in respect to such performance shall continue in full force and effect.

ISSUANCE OF DELIVERY ORDERS

A. ACCEPTANCE AND PERFORMANCE OF DELIVERY ORDERS

1) The contractor shall accept and commence performance of work immediately upon receipt of Delivery

Orders issued under the Per-Diem/CPAF basis of compensation.

2) All Delivery Orders shall be issued in writing by the Procuring Contracting Officer (PCO), provided that, in cases determined by the Government to be of compelling need and unusual urgency, Delivery

Orders may be issued verbally by the PCO, the Supervisor of Salvage and Diving, USN (NAVSEA

00C), or the Deputy Director Supervisor of Salvage and Diving, USN (NAVSEA 00CB). The latter authorization shall not be delegated. Verbally issued Delivery Orders shall be confirmed in writing by the Contracting Officer within forty-five (45) days of the issuance of the verbal order.

B. CONTENT OF DELIVERY ORDERS

1) Each orally issued Delivery Order shall specify at least the following:

a) Contract Number;

b) A general description of the work to be performed;

c) The place of performance;

d) The date and time for commencement of performance;

e) A dollar amount representing the maximum liability of the Government pending written confirmation of the verbal Delivery Order;

f) The appropriation to be charged.

g) Type of Delivery Order (Operational or Non-Operational).

2) Each written Delivery Order shall contain at least the following:

a) Contract Number and Delivery Order;

b) Contract Line Item Number (CLIN), Sub line Item Number (SLIN) and Accounting

Classification Reference Number (ACRN);

c) A description of the work to be performed, in reasonable detail, including references to applicable plans and specifications where appropriate;

d) Effective starting date;

e) Type of Delivery Order (Operational or Non-Operational);

f) Identification of the place where the work is to be performed;

g) The delivery date or completion time for the subject work;

h) The basis of compensation is to include:

(i) The maximum liability of the Government if on a Per-Diem/CPAF basis

i) The appropriation to which the Delivery Order is chargeable and the applicable accounting data;

j) The property to be furnished by the Government, if any, and when such property is to be furnished;

k) Invoice submittal information;

l) The disbursing office which is to make payment;

m) Applicable security requirements;

n) Any other pertinent information;

3) In addition to the required information specified in paragraphs 1 and 2 above, any Delivery Order may specify:

a) The number and skill levels of personnel to be provided by the Contractor and

b) The type and quantity of items of material and equipment to be provided by the Contractor

PRIORITY OF PERFORMANCE

Supplementing the Contractor’s undertaking to accept and immediately to begin performance of any Delivery Order issued in circumstances of compelling need and unusual urgency, and to accept and promptly to begin performance of any Delivery Order issued on the “Per-Diem/Cost-Plus-Award-Fee” basis, the Contractor further undertakes to give priority to the performance of any such Delivery Order over any commercial work of the Contractor. Such priority includes provision for and utilization of manpower, materials, and equipment necessary for the effective and timely performance of any such Delivery Order. Further, the Contractor shall indemnify and hold harmless the Government, property, against all claims by the Contractor, or by any third party, for loss or damage arising out of any delay, disruption, suspension or cancellation of the Contractor’s performance of commercial work.

PROVISIONS REGARDING LIABILITY

Pursuant to contract clause 52.228-7, LIABILITY TO THIRD PERSONS, the Government’s desired minimum liability coverage is stated in FAR 28.307-2. Regarding the vessel liability, the Government’s desired minimum liability coverage is as follows: The value of the ship; or up to a maximum of $2,000,000.00; whichever is less.”

AREAS INVOLVING HAZARDS OF MILITARY OPERATIONS

The Delivery Orders issued under this contract may require performance in areas involving hazards of military operations. In the event of operations in such an area, the Government may provide such military protection as may be necessary for the performance of the task. In other high risk areas, due to piracy and/or political unrest for example, circumstances may lead to the government authorizing the contractor to procure the necessary commercial security force protection.

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 that may constitute a hazard to navigation. In the event any material or equipment is lost, dumped, or thrown overboard, or is sunk, or cannot be removed during the performance of any work under this contract, the Contractor immediately shall buoy or otherwise mark the location of such material or equipment and shall notify the Supervisor of Salvage and Diving or the Supervisor’s on-site representative, identifying the material or equipment and the location of the occurrence. If the Supervisor, or the on-site representative, determines that such material or equipment may constitute a hazard to navigation, the Contractor shall immediately recover, remove, and dispose of the 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 thereof occasioned to the Government.

RISK OF LOSS AND LIABILITY OF CONTRACTOR

The Government shall not be liable for and the Contractor assumes all risk of and liability for: loss or damage to all property of the Contractor, of subcontractors, and of any tier provided or employed by the Contractor for the performance of Delivery Orders under this contract; and injury to or death of third parties, including employees of the Contractor and subcontractors of any tier; provided, however that with respect to Delivery Orders issued on a

Cost-Plus-Fixed-Fee basis and on a “Per-Diem/Cost-Plus-Award-Fee” basis, the provisions of the general provisions clause entitled, “Insurance – Liability to Third Persons” shall control to the extent that such clause is inconsistent with the foregoing provision. All insurance procured by the Contractor shall provide for waiver of subrogation against the Government.

SALVAGE CLAIMS

The Contractor shall indemnify and hold harmless the Government, its agencies, instrumentality’s, 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.

SPECIAL PROVISION REGARDING PATENTS/ LICENSES/ TECHNICAL DATA/ COMPUTER SOFTWARE

RIGHTS

Before commencing any non-operational Delivery Orders issued under this contract, the Contractor shall immediately notify the Contracting Officer if there…