N00024-13-R-4408_Conformed_Solicitation_thru_Amendment_0003.pdf

CODE

(Hour)

PAGE(S)

until 10:00 AM local time 05 Aug 2013

X

A X B X C X D

EX

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G F 81 - 87

88 - 98 X H 99

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

DO-A3 1 104

(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 0 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 morgan.reese@navy.mil conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 8 9 - 19

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

20 - 39 40 - 41

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

42 - 46 47 - 49

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 50 - 54 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 55 - 67 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 - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

68 - 79

PART II - CONTRACT 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.5. DATE ISSUED

03 Jul 2013

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N00024-13-R-4408

Section SF 30 - BLOCK 14 CONTINUATION PAGE

AMENDMENT 0001

This amendment (0001) revises the solicitation as follows:

1. Sections J, L and M and Attachment S-3 have been revised to correct the pier requirement data in response to Question 1.

2. Section B has been revised. Note A has been revised in response to Question 8 and Note C has been revised in response to Question 3.

3. Section L has been modified to clarify the proposal due date as 02 August 2013 at 1000, local time

(EDT).

4. Sections L and M and attachment S-5 have been revised to remove references to Fiscal Years. The trade and material burden rates incorporated in Note C apply to the entire Base and Option Periods, as applicable, even if they cross Government fiscal years.

5. Clauses 52.232-39 and 252.225-7048 have been added, via reference, to Section I as a result of FAR and DFARS updates.

6. Pre-Proposal inquiries (1 – 17) and responses are provided as follows:

Question 1: In the attachment S-3 Pier Facilities Data Sheet, there appears to be an error. The sheet reads, "20K Gallons/Minute and 50 Pounds/Square Inch Gauge of Potable Water". We believe the statement should read, "20K Gallons/DAY and 50 Pounds/square Inch Gauge of Potable Water".

Government Response: The offeror is correct. Sections L and M of the solicitation and attachment S-3 have been revised as described above.

Question 2: Section B has separate Base and Option period CLINs for both FFP and CPFF delivery orders.

Section B, Note C describes FFP delivery order process and definitions, however, there is no similar language pertaining to CPFF delivery orders and Section C does not provide any differentiation of the type of work that will be FFP versus CPFF. How does the Government determine what type of work will be included as FFP versus CPFF delivery orders?

Government Response: Section B, Note C provides definitions and instructions related to the trade and material burden rates. Section H describes the delivery order process for both FFP and CPFF orders.

The Government anticipates the majority of work ordered under the MAC will be competed on a FFP basis. The Government will determine the contract type based on the circumstances surrounding the requirement in order to appropriately manage risk between the contractor and the Government. If the Government is unable to provide a planning package sufficiently defined to allow for a FFP proposal because the work is of an urgent and critical nature or because it is largely unknown, the Government may pursue an undefinitized contract action (UCA) or a cost-type delivery order.

Question 3: In the various scenarios cited, it appears that under options “a” and “c”, the table serves are as a “rate cap” whereas under options “b”, “d”, and “e” alternative and potentially higher rates may be negotiated as part of a specific delivery order. Please clarify the usage of this table and under what circumstances the rates would be used.

Government Response: The fixed trade and material burden rates proposed in accordance with this solicitation shall apply only in negotiating sole source Fixed Price delivery orders or negotiating changes to competed or sole source Fixed Price delivery orders. These rates are the rate ceilings for the labor disciplines and material burden listed in the table in Note C.

Therefore, the Government may elect to negotiate sole source Fixed Price delivery orders or negotiate changes to competed or sole source Fixed Price delivery orders using the fixed trade rates (using the specific labor disciplines listed in the table in Note C) and material burden rates provided in response to this solicitation. The Government may also elect to re-solicit the fixed trade rates (using the specific labor disciplines listed in the table in Note C) and material burden rates as part of a competitive delivery order or re-negotiate the fixed trade rates and material burden rates with the offeror/s. In either circumstance, the re-solicited or negotiated rates may not be higher than those shown in the table.

Furthermore, the Government may elect to negotiate sole source Fixed Price delivery orders or negotiate changes to competed or sole source Fixed Price delivery orders using alternative fixed trade rates (for labor disciplines other than those listed in the table in Note C). The Government may solicit the alternative fixed trade rates as part of a competitive delivery order or negotiate with the contractor to obtain alternative fixed trade rates.

Finally, the Government may elect to disregard the fixed rates shown in Note C and negotiate with the offeror/s in accordance with FAR 15.4

Note C in Section B is revised to reflect this clarification.

Question 4: RFP CLINs 001 and 004 are FFP, CLINs 002 and 005 are CPFF CLINs. Is it the Government’s intent that the rates provided in Attachment S-5 be applicable to both FFP and CPFF CLINs. Due to differences in FFP and CPFF, we recommend Attachment S-5 be modified into two sections to accommodate variations in the two rate sets.

Government Response: As stated in response to Question 3, the Government intends to use the fixed trade and material burden rates provided in Attachment S-5 and Section B, Note C in negotiating sole source Fixed Price delivery orders or negotiating changes to competed or sole source Fixed Price delivery orders. As stated in the revised Note C, the Note “applies to sole source Firm Fixed Price (FFP) delivery orders as well as modifications to both sole source and competitively issued Firm Fixed Price delivery orders”. When cost-type delivery orders are pursued, the Government will only use the fixed trade and material burden rates as competitive benchmarks for determining the appropriate target cost.

Question 5: RFP, Section L, Factor 4 “Price” provides the Government’s process for evaluating the price factor.

Please clarify how variations in different offerors accounting systems for direct and indirect charging procedures are considered in this evaluation methodology.

How are production efficiencies between various offerors considered in the evaluation methodology?

Government Response: Variations in offeror accounting systems for direct and indirect charging procedures will not be considered in the solicitation’s evaluation methodology. Further, production efficiencies between various offerors will not be considered in the solicitation’s evaluation methodology. Instead, these differences and efficiencies will be considered as part of individual competitive delivery order source selections or sole source delivery order negotiations.

Question 6: RFP Attachment S-5; is it the Government’s intent that the categories listed in this attachment cover all possible ship repair trade categories, whether listed or not?

Government Response: No. If work is required that is not described within the Labor Discipline definitions, the Government will either competitively solicit or negotiate with the offeror to determine a fair and reasonable price for the work.

Question 7: RFP, Section L, “General Information” “Estimated Award Date” states, “the Base period will be 12 months from the date of contract award.” We interpret this to mean that the base period commences on contract award and ends 12 months from the contract award. We further conclude that the “option” period is for the 12 months immediately following the “Base” period. Please advise.

Government Response: The offeror’s interpretation is correct. The total potential period of performance is 24 months from the date of contract award.

Question 8: RFP, Section B Note A directs completion of “Price Group” and “Estimate Total Price” blocks of the CDRLs. We are unable to locate such blocks on the CDRLs provided with the RFP. Please Clarify.

Government Response: Offerors shall not complete blocks 17 (Price Group) and 18 (Estimated Total Price) of the CDRLs (where shown) in response to the MAC solicitation. Instead, Offerors shall complete blocks 17 (Price Group) and 18 (Estimated Total Price) of the CDRLs (where shown) in response to individual Delivery Order solicitations. Note A has been revised. The CDRLs will be revised to uniformly include the block 17 (Price Group) and 18 (Estimated Total Price) as part of a follow-on amendment.

Question 9: RFP, Section L, “Proposal Content” states, “The rates provided in Attachment S-5 and Section B shall match.”

Section B, pages 2-4 contain the price fill-ins that are normally submitted with an offer Section B, pages 5-6 contains a pricing format which replicates Attachment S-5.

Please clarify which rates are supposed to match each other, as stated above.

Government Response: Offerors shall not fill in any values for the CLINs in Section B. The value of $35,000,000 is the shared maximum value for the entire Multiple Award Contract (regardless of the number of IDIQ contracts awarded as a result of this solicitation) for the base period and option period, if exercised. This amount ($35,000,000) is independent of the trade and material burden rates proposed.

Offerors shall complete the table in Note C of Section B. The rates in the table in Section B, Note C shall match the rates in the table provided in S-5. As noted in the solicitation and S-5, the offeror shall submit S-5 as a Microsoft Excel spreadsheet.

Question 10: Section B, Note C, page 5

a. Paragraph states “The following applies to sole source Firm Fixed Price (FFP) delivery orders as well as modifications; to both sole source and competitively issued Firm Fixed Price delivery orders.”

b. Because of the placement of the semi-colon, it is unclear what this is intended to mean. Is intent to state it that it applies:

i. To sole source FFP DO’s AND to modifications to sole source and competitively issued DO’s

ii. To sole source FFP delivery orders and modifications AND to sole source and competitively issued FFP DO’s.

Please clarify.

Government Response: The fixed trade and material burden rates shall apply only in negotiating sole source Fixed Price delivery orders or negotiating changes to competed or sole source Fixed Price delivery orders.

For all cost-type contract actions, the rates will be used as a competitively awarded benchmark to negotiate the Target Cost.

Question 11: Section C, C-1.0.a.4, page 13

a. Line 4 calls for providing “engineering and design support.” This category is not provided in either Section B or attachment S-5 and no indication is given for the potential scope of this work in order to properly “embed” this rate within one of the provided categories

b. Line 7 calls for performing Non-Destructive testing. This category is not provided in either Section B or attachment S-5 and no indication is given for the potential scope of this work in order to properly “embed” this rate within one of the provided categories

Please clarify.

Government Response: Engineering and design support is not covered under the trade disciplines covered in the table in Section B, Note C. Therefore, the Government will either competitively solicit or negotiate for engineering and design support as required.

Non-Destructive testing may be performed by a variety of labor disciplines that, depending on the requirement, may or may not be included in the trade disciplines in Note C. If the Government has a requirement to procure Non- Destructive testing as part of a negotiated sole source Fixed Price delivery order or a negotiated change to a competed or sole source Fixed Price delivery order, the Government may pursue, at its discretion, any of the contracting methods listed in Note C paragraph 2 to procure those Non-Destructive testing requirements.

Question 12: Section C. C-4.0.a, page 14

a. This paragraph defines a “minor delay” as being four hours or less. Is this intended to mean four manhours or rather than clock hours representing half a shift of work?

b. This paragraph also specifically cites the delays to be expected and considered “normal” as obtaining access to spaces and operation of equipment. Are delays due to any other cause to be considered “unexpected” and “abnormal” and not subject to the definition of a “minor delay” as fours or less?

Government Response: A minor delay is any delay/disruption up to four clock hours. Section C provides two of the most common examples of "normal" minor delays but is not meant to be all encompassing.

Question 13: Section C, C-5.0, page 15. While the contractor can accommodate the work of AIT’s and other 3rd parties, there is a cost associated with coordination, integration, and often industrial support. Within each Delivery Order will there be work specifications for AIT Coordination and/or AIT support?

Government Response: Yes, specifications will be provided if AIT coordination and/or support are required within a delivery order.

Question 14: Section C, C-6.0, page 15-16. While 5 working days is provided as a requirement for CFR submittal, no expectations are cited for either CFR response time or RCC issuance, negotiation, or authorization.

While it is recognized that there are many factors involved, given the sensitivity of the cost of the change to the time of its authorization, we believe it is prudent to establish a clear baseline expectation for the entire process cycle time. Please advise.

Government Response: The Government is sensitive to the relationship between proposed costs/price and time of authorization/acceptance and aims to negotiate and issue modifications promptly. However, given the diverse nature of ship repair, maintenance and modernization, the Government is unable to provide a one-size-fits-all timeline for execution of modifications.

Question 15: Section C, C-10.c, page 17. The subject paragraph stated requirement is that the contractor’s employed not visit the vessels or military activity associated with the DO without prior approval. Given that the contractor routinely works on these vessels as part of pre-existing contracts, shall “prior approval” be assumed in these cases?

Government Response: No, prior approval shall not be assumed and the contractor shall comply with the requirements of Section C, C-10.c. Work on the vessels under other contracts shall be conducted in accordance with the other contracts’ terms and conditions.

Question 16:. Section C-11.0, page 17. Will the costs associated with attendance and support of technical conferences / review meetings be covered under a DO? Similarly, will DO be provided for a work item similar those currently used for EP, IAPA, or Execution Administration under MSMO contracts?

Government Response: The costs associated with partnering meetings to discuss the overall MAC (maximum of 4 per contract period) are considered to be part of the cost of doing business under the MAC. All meetings related to a specific project/delivery order shall be included in the proposed DO price.

The Government does not anticipate issuing delivery orders solely for execution planning or inter-availability planning services or execution administration. Further, the Government shall not issue any delivery orders for project management or execution administration separate from the project management or administration requirements included in the work item requirements of a ship repair availability. All delivery orders issued under this MAC will be for complete and useable deliverables (e.g. Mission ready vessel).

Question 17: Section H, Ordering Procedures, starting on page 47. Other than a 1-3 day expectation for urgent requirements, no timeline or milestone table is provided for the DO process. Will the DO process follow the advance planning milestones as identified in the JFFM Rev C, Volume II, Part II, Appendix D for CNO FFP and

CMAV FFP/IDIQ?

Government Response: The timeline and milestones applicable to execution of the ship repair (e.g. Award, Start of Availability, Availability completion) will be provided in each delivery order solicitation package.

Offerors shall acknowledge this amendment, and any future amendments, in Block 14 of the SF 33.

All other terms and conditions remain unchanged. The proposal due date remains 02 August 2013.

AMENDMENT 0002

The document labeled “this is a test” posted to the Federal Business Opportunities (FBO) website as Amendment 2 on 23 July 2013 was posted to test system functionality and did not amend/revise the solicitation.

This amendment (0002) revises the solicitation as follows:

1. Section B, Note C is revised in response to offeror inquiries related to the applicability of the Note to OEM and Government Directed Subcontractors.

2. Clearly labeled solicitation attachments are included with this amendment in response to Question 18.

3. Sections J, L and M and attachment S-3 have been revised in response to offeror inquiries related to the Pier Facility requirement.

4. Offeror inquiries (18 – 31) and responses are provided as follows:

Question 18: Other than S-1, the attachments are not labeled as S-2, S-3, etc. There is no comprehensive list of attachments and it is unclear which is attachment S-4. Please clarify.

Government Response: Attachment S-4 is marked as RESERVED in section J because there is no S-4. The solicitation attachments have been labeled and are included with this amendment.

Question 19: Since, at the initial bid, the scope and extent of requirements for Technical Representatives are unknown, please confirm that single source OEMs and directed subcontractors will be paid by change order (or treated as material cost), and are not included in the composite bid rates.

Government Response: Section B, Note C does not apply to OEMs and Government directed subcontractors.

Requirements for OEMs and Government directed subcontractors will either be procured under a competitive delivery order or negotiated in accordance with FAR 15.4. Note C is revised to reflect this clarification.

Question 20: Reserved

Question 21: Each offeror's proposal will be evaluated on four factors. The first factor is pier facilities. If an offeror either does not possess pier facilities or if their pier facilities do not meet all of the criteria identified in the "Pier Facilities Data Sheet" and they are, therefore rated as "unacceptable" for Factor 1, does that automatically disqualify that offeror for the entire procurement?

Government Response: Offerors must meet all minimum criteria identified on the Pier Facilities Data Sheet to be considered acceptable. The Government does not anticipate making award to offerors who are rated as technically unacceptable.

The Government has revised the minimum requirements as shown in revised solicitation sections L and M and in revised attachment S-3.

Question 22: In the pier facilities requirements, first referenced in Section L, paragraph 2.0, page 80, and also in Section M and attachment S-3, the quantities required for saltwater and potable water significantly exceed the requirements cited by the temporary services NMD template work specifications for CG and DDG class ships.

Please advise.

Government Response: Please see revised Pier Facilities Data Sheet.

Question 23: Contractor requires further clarification with regards to Attachment S-5. Do the rates for Overtime and Double Time represent only the Premium portion of the rates?

Government Response: No. Offerors shall provide the full hourly rate for each type (straight, overtime or double time) and not just the “over and above” amount for the overtime and double time.

Question 24: Page 39 of the solicitation refers to the Liquidated Damages Clause. Paragraph (a) does not give a ceiling dollar figure per day per delivery order. Please provide this dollar figure. Contractor cannot perform proper risk assessment for this RFP without a known Liquidated Damages daily rate.

Government Response: Per FAR 11.5, Liquidated Damages (LDs) are used to compensate the Government for probable damages. Since LDs are not blanket negative performance incentives, the Government is unable to provide a standard amount to cover all amounts expected to be used under the MAC.

Therefore, the amount of liquidated damages/calendar day will be provided at the Delivery Order level. The Government anticipates calculating LDs based on the daily wages of the ship’s crew.

Question 25: Page 9 of the solicitation refers to Payment of Fees. In paragraph (b) the statement reads, "Such payments shall be equal to *______ percent (*_____) of the allowable cost of each invoice submitted". Please provide the fee percentage.

Government Response: The amount of the fee percentage will be provided at the Delivery Order level, as applicable.

Question 26: Will Government pier facilities be used for CMAV or EM availabilities? If so, can a contractor submit a proposal for the non-SRA availabilities which would not require a pier facility?

Government Response: Offerors are required to demonstrate ownership or committed access to a pier facility to be rated technically acceptable.

Question 27: Section B, Note C; Line 2. Please define “If necessary,” so that offeror can understand exactly what would drive or cause these negotiations, and to ensure that these competitively procured and all inclusive rates will not be disregarded in an arbitrary manner.

Government Response: The Government may pursue alternative approaches to negotiating fair and reasonable prices for ship repair if fair and reasonable prices cannot reasonably be negotiated based on the composite rates.

The Government intends to use the rates to the maximum extent practicable and views the rates as a method to streamline the modification process.

Question 28: Will Naval Station San Diego (32nd st.) be considered as an alternate to privately owned pier?

Government Response: No. To be rated as “Acceptable” under Factor 1, offerors must provide a pier that meets the requirements described in sections L and M and in attachment S-3.

Question 29: Are privately owned piers the only acceptable consideration for this solicitation?

Government Response: See response to Question 28.

Question 30: The answer for question 10 of Amendment 0001 seems to contradict page 10, part 2 of Schedule of Prices/Rates: note C. Please clarify. Additionally, we would like to request that an extension of the question deadline of 7/15/13 at 11:am ET.

Government Response: The Government’s response to Question 10 reiterates what is written in Note C of section B. The Government is not aware of any conflicting information.

As noted in section L of the solicitation, “the Navy reserves the right to not answer any requests received after 15 July 2013”. Offerors are not prevented from submitting inquiries after 15 July.

Question 31: How will planning be handled under the MAC? Who will be writing EPCPs under the MAC?

Government Response: The Government anticipates planning, including preparation of Enhanced Process Control Procedures (EPCPs), to be provided either by the Government or by a separate third party effort.

The proposal due date has been extended to 5 August 2013 at 10:00am, local time.

All other terms and conditions remain unchanged.

AMENDMENT 0003

Amendment 0003 revises the solicitation as follows:

5. Revised Sections L and M in response to Question 32.

6. Response to offeror inquiry 32:

Question 32: RFP Section L, paragraph 2 “Non Priced Proposal Factor 3” page 82. This paragraph directs submittal of Past Performance questionnaires. Is CPAR data an acceptable substitute for the Past Performance questionnaire?

Government Response: Yes. Offerors may elect not to submit any additional information for Factor 3, Past Performance. Under Section L, Instructions for the Submission of Offerors, Proposal Packages, the submission requirements for Non-price proposals has been revised. Under Section L, Instructions for the Submission of Offerors, Proposal Content, the contents of Factor 3 – Past Performance has been revised. Under Section M, Evaluation Factors, Non-Price Factors, the contents of Factor 3 – Past Performance has been revised.

The proposal due date remains 5 August 2013 at 10:00am, local time.

All other terms and conditions remain unchanged.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot Base Year FFP Orders

FFP

ACCOMPLISH DELIVERY ORDERS FOR SCHEDULED AND EMERGENT

MAINTENANCE, MODERNIZATION AND REPAIR ON DDG 51 AND CG

47 CLASS SHIPS.

SEE NOTES INDICATED BELOW IN SECTION B.

FOB: Origin

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Lot Base Year CPFF Orders

CPFF

ACCOMPLISH DELIVERY ORDERS FOR SCHEDULED AND EMERGENT

MAINTENANCE, MODERNIZATION AND REPAIR ON DDG 51 AND CG

47 CLASS SHIPS.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED

Base Year CDRLs

As applicable, the contractor shall meet the requirements outlined in the Contract Data Requirements Lists (CDRLs) provided as Exhibits A, B and C.

This is a Not Separately Priced CLIN.

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Lot OPTION Option Period FFP Orders

FFP

ACCOMPLISH DELIVERY ORDERS FOR SCHEDULED AND EMERGENT

MAINTENANCE, MODERNIZATION AND REPAIR ON DDG 51 AND CG

47 CLASS SHIPS.

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Lot OPTION Option Year CPFF Orders

CPFF

ACCOMPLISH DELIVERY ORDERS FOR SCHEDULED AND EMERGENT

MAINTENANCE, MODERNIZATION AND REPAIR ON DDG 51 AND CG

47 CLASS SHIPS.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED

OPTION Option Period CDRLs

As applicable, the contractor shall meet the requirements outlined in the Contract Data Requirements Lists (CDRLs) provided as Exhibits A, B and C.

This is a Not Separately Priced CLIN.

CLAUSES INCORPORATED BY FULL TEXT

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 – CLINs 0004 – 0006 are option items to which the option clause in SECTION I-2 applies and which are to be supplied only if and to the extent said option is exercised.

SCHEDULE OF PRICES / RATES

NOTE C: FIXED TRADE AND MATERIAL BURDEN RATES

The following note applies to sole source Firm Fixed Price (FFP) delivery orders as well as modifications to both sole source and competitively issued Firm Fixed Price delivery orders. This note does not apply to the procurement of work performed by Original Equipment Manufacturers (OEMs) and Government directed subcontractors.

1. The trade rates are fixed hourly rates that include all wages, overhead, general and administrative expenses, Facilities Capital Cost of Money (FCCOM) and profit. The hourly rates represent blended rates for each category of labor to be performed by the offeror, including labor transferred between divisions, subsidiaries, or affiliates of the offeror under a common control, and all subcontractors. As the trade rates are intended to be all inclusive, subcontractors proposed to complete efforts under the trade rate schedule may not be proposed as separate material or ODC charges. The fixed material burden rates include all applicable material overhead, general and administrative expenses, FCCOM and profit.

2. The Contracting Officer may:

a. Use the Fixed Trade and Material rates shown in the table below to negotiate FFP delivery orders, and to negotiate all change orders and supplemental agreements, including changes due to growth, supplemental, emergent and new work, on both competed and sole source FFP delivery orders.

b. Re-solicit the Fixed Trade and Material rates shown in the table below as part of a competitive FFP Delivery Order solicitation to negotiate work performed under the Delivery Order, and to all change orders and supplemental agreements, including changes due to growth, supplemental, emergent and new work. The contractor may not propose rates higher than those shown in the table below.

c. Solicit Alternative Fixed Trade rates (for labor disciplines other than those listed in the table below) as part of a competitive Delivery Order solicitation to negotiate work performed under the Delivery Order, including change orders (due to growth, supplemental, emergent and new work) and other supplemental agreements.

d. Elect to negotiate with the Contractor to obtain lower fixed trade and material burden rates than those shown in the table below:

e. Elect to negotiate with the Contractor to obtain alternative fixed trade rates (for labor disciplines other than those listed in the table below);

f. Disregard the fixed rates shown in the table below and negotiate with the offeror/s in accordance with FAR 15.4.

Labor Disciplines Base Base Base Year Option Year Option Option

Year Straight Time

Year Overtime

Double Time

Straight Time Year Overtime

Year Double Time

Supervision/Program Management

Ship-fitter Sheetmetal Welder/Burner Inside Machinist Outside Machinist Electrician Pipefitter Insulation/Lagger Carpenter/Shipwright Electronics/Ordnance Painter/Sandblaster Rigger Quality Assurance Firewatch

Base Year Option Year Material Burden Rates

1. Definitions. For the purposes of this contract and pricing the labor disciplines in the table above, the following terms are defined as follows:

a. Supervision/Program Management – Supervision/Program Management are generic management level functions necessary to supervise tradesman; and to support the over arching contracting, scheduling and program management functions of a repair and alteration availability onboard US Naval vessels. They manage planning, integration and execution of contracted work in CNO/CMAV/EM availabilities and CM executed during maintenance. They serve as the focal point for all interface between the government and the contractor. They analyze work to be accomplished in light of accepted trade practices, pertinent specifications, drawings, and sketches.

They assign work in the most efficient job sequence to trades and sub-contractors involved. They estimate total man-hour requirements, and details labor costs by shop. They determine the amount and type of material needed by each shop and estimate overall material costs. They prepare detailed cost estimates for submission to the government. They plan and schedule work to be accomplished by trade group/s supervised, and provide for effective use of employees in terms of workload and completion dates. They take necessary corrective action to overcome delays and coordinate work in the interest of overall objectives. They progress work assignments to see that commitments are met. They enforce safety, fire, and other regulations and maintain good housekeeping in work areas supervised. They maintain charts, graphs, and other records of shop workloads and work forces, material deliveries, amount of work completed, rate of completion and similar data for submission to the government. They prepare, or supervise the preparation of, various reports, memoranda, and correspondence.

b. Shipfitter – A shipfitter is a trades person who works on heavy metal like high-tensile steel, high yield strength steel, aluminum, etc. who “fits” together the structural portions of a ship by cutting, shaping and either welding, bolting or by riveting. They fabricate, assemble and erect all structural parts of a ship. They also use heavy machinery such as plate planners, shears, punches, drill presses, bending rolls, bending slabs, plate beveler, saws, presses, angle roll (vertical and horizontal), dogs and wedges.

c. Sheetmetal – A sheetmetal mechanic is a tradesperson who involves pattern development, fabrication and assembly or installation of sheet metal fixtures, and related materials, in shops and shipboard locations. This includes the alteration, repair, maintenance and testing of existing components and materials. They operate various power tools in the cutting, shaping, forming and joining operations, including mechanically fastening, soldering and welding. Sheet metal includes, but is not restricted to, magnesium, honeycomb material, galvanized, aluminum and aluminum alloys, stainless steel, copper and brass sheets, lead alloys, and bronze.

d. Welder/Burner – A welder/burner is a tradesperson who specializes in joining materials together by melting the work pieces and adding filler material to form a pool of molten material. The materials to be joined may be metals such as steel, aluminum, brass, stainless steel, etc. The welder/burner employs a variety of welding techniques such as: Shielded Metal Arc Welding (SMAW), Metal, Inert Gas (MIG), Flux Core Arc Welding and Tungsten Inert Gas (TIG), oxygen/fuel. A welder/burner is a tradesperson who is skilled at cutting metal using a heat producing device such as: air carbon arc cutting, where metal is cut and melted by the heat of a carbon arc, plasma cutting which is used to cut steel and other metals of different thicknesses (or sometimes other materials) using a plasma torch and oxygen-fuel cutting that use fuel gases and oxygen to cut metals.

e. Inside Machinist – An inside machinist is a tradesperson who usually works to very small tolerances primarily using machine tools to make or modify metal parts. However, the parts may be made of many other kinds of materials, such as rubber or plastic. The goal of these machining operations is to produce a part that conforms to a set of specifications, or tolerances, usually in the form of engineering drawings, technical manuals and blueprints. The inside machinist will repair equipment or machinery that requires the use of highly precise heavy shop machine tools, performing shop tests and making required adjustments in order to ensure proper operation prior to reinstalling onboard the ship.

f. Outside Machinist – An outside machinist is a tradesperson who will disassemble and make onsite repairs to marine equipment and machinery such as main propulsion machinery, auxiliary engines, speed reduction, acceleration mechanisms, and derating feed tanks; as well as marine systems such as steering systems, air conditioning, boat davits, winches, etc. They determine the nature and extent of repairs necessary and make needed repairs by replacing, reworking or refinishing worn or damaged parts and components. Outside machinists reassemble and install the equipment, perform operational and functional tests, and make required adjustments in order to ensure proper operation of the entire system. They also install, replace, adjust and set various regulating or safety devices such as meters, gauges, governors and automatic alarms.

g. Electrician – An electrician is a tradesperson specializing in the understanding of electronic technology, circuitry and controls. They have the ability to read system diagrams and schematics, interpret electronic terms and symbols and apply a variety of electronic formulas, tables, charts, and color codes in order to mount, ground and install wiring and equipment for various types of electrical/electronic systems (e.g., fire alarm systems, intrusion detection systems, computer systems, sonar and radar equipment, antennas, switch panels and switchboards). They are skilled in the use of test equipment, such as ohmmeters, vacuum tube voltmeters and diode checkers to locate the problem area and identify it as electrical or electronic, and to perform simple troubleshooting such as testing and isolating defective electronic parts (e.g., diodes and silicon rectifiers) and circuit boards.

h. Pipefitter - A pipefitter is a tradesperson who is skilled in installing, modifying, and repairing new and existing high-pressure piping systems and equipment such as steamheating, steam generation, and hydraulic systems, steam generators, flash and expansion tanks, condensate, vacuum, and circulating pumps, and radiators. The pipefitters work from blueprints, and sketches to plan and lay out the routing, placement, pitch, elevation, pressure reduction, expansion, and operation of various piping systems and equipment. They install, modify, and repair systems like those described by setting up system routes, placing and cutting route openings, placing hangers for proper pitch and elevation, and determining and installing such things as risers, flexible branches, expansion joints, pumps, gauges, and pressure regulators in the combination needed to support the pressures of the systems and that ensure the proper operation of the systems.

i. Insulation/Lagger – An insulation/lagger is a tradesperson skilled in the fabrication and installation of insulating materials on tanks, boilers, turbines, pumps, pipes, valves, ducts, and other structures to reduce heat loss or absorption, prevent moisture condensation, or reduce sound levels. They require knowledge of insulating materials and their insulating properties and the ability to lay out, form, and install a variety of insulating materials on regular and irregular shaped objects. They have the ability to measure the dimensions of pipes, ducts, and other objects and cut, form, and install insulating materials on items with flat, square, or cylindrical surfaces and regular curves. They must be able to fill cracks and smooth rough spots with cement and trowel, and apply fiberglass cloth or other fabric to cover the insulation, using cement, needle and twine or copper wire to complete the installation.

j. Carpenter/Shipwright – A carpenter/shipwright is a tradesperson who is skilled in the establishment of reference points on ships and on dry docks, which they in turn use to make judgments critical to the alignment of ship over blocks, assuring an even distribution of ship's weight. They are required to be skillful in the use of the transit to sight reference points and keep riggers and other rope handlers informed of ship's alignment as it settles over the blocks. This includes determining the ship's degree of list. From information provided in blueprints, sketches, and docking worksheets, they must be able to build, repair, and position keel blocks, bilge blocks, cradles and other support structures. They should be able to establish center lines, water and base lines, frame lines, degree lines, and other reference points aboard ship which can be used by various trades in locating, positioning, and installing hull parts, machinery and fittings. They have the ability to read and interpret blueprints, sketches, and job orders; they have sufficient knowledge of trade mathematics to be able to set up and lay out work. The lines are then used to prepare templates for cutting out and bending individual elements of the shell plating and framing.

k. Electronics/Ordnance – The electronics/ordnance discipline is a tradesperson who is skilled with electrical circuits that involve active electrical components such as transistors, diodes and integrated circuits, and associated passive interconnection technologies. They have a working knowledge of interconnection technologies such as circuit boards, electronics packaging technology and other varied forms of communication infrastructure, complete circuit functionality and be able to transform the mixed components into a regular working system. They must be skilled in a variety of troubleshooting, defect isolation, and repair processes related to more complex ordnance equipment and multi-component devices which are usually composed of a number of interrelated electrical, mechanical, pneumatic and hydraulic assemblies and components. This may involve complete or partial disassembly of equipment and making repairs which are often complicated by critical tolerances and dimensions.

l. Painter/Sandblaster – A painter is a tradesperson who is skilled in the application of marine coating materials with any of the accepted trade devices such as: brushes, rollers, spray guns, trowels, screeds, straight edges, viscosity testers, and wet and other thickness gauges. They ensure the coating finish meets match, texture, decorative, thickness, and level requirements. A sandblaster is a tradesperson who is skilled in abrasive blasting techniques. They set up, prepare, operate, regulate, and maintain complete stationary and portable sandblasting equipment safely such that the operation of equipment does not endanger the operator or other employees. They possess knowledge of the cleaning characteristics of brass, corrosion resistant steel, aluminum, iron, steel, monel, and other metals or nonmetals. They determine the proper abrasive or combination of abrasives, blasting equipment, and air or vapor pressure needed to remove difficult contaminants such as baked sand, slag, rust, scale, paint, or carbon deposits, or to produce various grades of rough or smooth finishes and various grades of surface cleanliness as required.

m. Rigger – A rigger is a tradesperson who is skilled in load routing judgments by considering such factors as size, shape, and location of the object; availability and strength of overhead support structures; surface conditions; obstacles; and size of surrounding openings in relationship to the size of the object. They perform cutting, splicing, assembling, repairing, and installing a variety of complex standing and running rigging used to support, secure, or operate items such as elevators, mechanized stagings, antennas, and boat davits.

n. Quality Assurance – Personnel who demonstrate a practical knowledge in monitoring, controlling, or maintaining the quality of products or services in quality assurance, procurement, inspection, and production related areas.

o. Firewatch – Personnel stationed on site during spark producing evolutions which have been trained as fire watches in accordance with 29 CFR Part 1915, Occupational Safety and Health Standards for Shipyard Employment and NFPA Standard 51B, Standard for Fire Prevention during Welding, Cutting, and Other Hot Work.

p. Straight Time Hours – Work performed during an employee’s scheduled 8 hour day. Further clarification of the definition can be found at http://www.dir.ca.gov/dlse/FAQ_Overtime.htm.

q. Overtime Hours - Hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek. Further clarification of the definition can be found at http://www.dir.ca.gov/dlse/FAQ_Overtime.htm.

r. Double Time - Hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek. Further clarification of the definition can be found at http://www.dir.ca.gov/dlse/FAQ_Overtime.htm.

EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)

(a) As part of the negotiated fixed price or total estimated amount of this contact, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $500 or less at the time of final contract closeout. The term “residual dollar amount” shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.

(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered

LIMITATION OF COST/LIMITATION OF FUNDS (NAVSEA) (SEP 1990)

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.

PAYMENTS OF FEE (S) (COMPLETION) (NAVSEA) (MAY 1993)

(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, "fixed fee" in cost-plus-fixed-fee type contracts for completion and phase type contracts.

(b) The Government shall make payments to the Contractor, subject to and in accordance with 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 is based on fee dollars divided by estimated cost dollars, including facilities capital cost of money). 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, in accordance with 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) in accordance with paragraph (c) above, or until the Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required.

*To be determined per Delivery Order, as applicable.

PROVISIONING TECHNICAL DOCUMENTATION – WITHHOLDING OF PAYMENT (NAVSEA) (SEP 1990) The PTD is considered to be a part of the "Technical Data" specified to be delivered under this contract for the purposes of the "TECHNICAL DATA--WITHHOLDING OF PAYMENT" (DFARS 252.227-7030) clause.