SF33_Undersea_OPS_-_N00024-14-R-4102.doc

Section B - Supplies or Services and Prices

Base CLIN

CPAF

Operational support in support of the Director of Ocean Engineering, Supervisor of Salvage and Diving (SUPSALV) worldwide undersea operations

FOB: Origin

PURCHASE REQUEST NUMBER: N0002412NR0295

ESTIMATED COST

BASE FEE

SUBTOTAL EST COST + BASE

MAX AWARD FEE

TOTAL EST COST + FEE

Base CLIN

Non-operational support in support of SUPSALV worldwide undersea operations

FOB: Origin

CPFF

FIXED FEE

Base CLIN

Non-operational support in support of SUPSALV worldwide undersea operations

Data Items

For Items 0001 through 0003 and (if options are exercised) Items 0005 through 0016 (See DD Form 1423, Exhibit A). Data will be specified in individual orders.

CPAF

Operational Services in support of the Director of Ocean Engineering, Supervisor of Salvage and Diving (SUPSALV) worldwide undersea operations. (See Note B)

Non-operational services In support of SUPSALV worldwide undersea operations. (See Note B)

FOB: Origin

CPAF

Non-operational services In support of SUPSALV worldwide undersea operations. (See Note B)

CPAF

Operational Services in support of the Director of Ocean Engineering, Supervisor of Salvage and Diving (SUPSALV) worldwide undersea operations. (See Note B)

Non-operational services In support of SUPSALV worldwide undersea operations. (See Note B)

FOB: Origin

CPAF

CPAF

Operational Services in support of the Director of Ocean Engineering, Supervisor of Salvage and Diving (SUPSALV) worldwide undersea operations. (See Note B)

Non-operational services In support of SUPSALV worldwide undersea operations. (See Note B)

FOB: Origin

CPAF

CPAF

Operational Services in support of the Director of Ocean Engineering, Supervisor of Salvage and Diving (SUPSALV) worldwide undersea operations. (See Note B)

Non-operational services In support of SUPSALV worldwide undersea operations. (See Note B)

FOB: Origin

CPAF

CLAUSES INCORPORATED BY FULL TEXT

NOTE B - Option item to which the option clause in SECTION I-2 applies and which is to be supplied only if and to the extent said option is exercised.

CLAUSES INCORPORATED BY FULL TEXT

DETERMINATION OF FEE (NAVSEA) (DEC 2010)

(Applies separately and independently to each CPAF Item(s) 0001 and 0003, and if options are exercised, Items 0005, 0007, 0008, 0010, 0011, 0013, 0014, and 0016) order issued under the contract.)

(a) Minimum Fee

The base fee, as set forth in individual order issued under 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 provide incentive to motivate the Contractor to provide high quality service and support at reasonable cost and in a timely manner. 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

The Fee Determining Official (FDO), SEA 00C or 00CB, shall make determinations of the award fee due to the Contractor based upon the performance evaluation conducted by the AFB established pursuant to paragraph (c) above.

(e) Award Fee Determination and Reclama Procedures

(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 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 35 percent, 35 percent, and 30 percent, respectively unless otherwise specified in individual orders.

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

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

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

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

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

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 his effectiveness in achieving program objectives. The following shall be considered:

Mobilization and Demobilization. Mobilization and demobilization cost effectiveness will be evaluated.

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

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

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

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

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 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 under an individual order exceed ten (10) percent of total estimated cost for operational orders and five (5) percent of total estimated cost for non-operational orders.

(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.

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.

CLAUSES INCORPORATED BY FULL TEXT

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), depending on whether the order is fully funded, shall apply separately and independently to each separately identified estimated cost.

CLAUSES INCORPORATED BY FULL TEXT

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

(Applies separately and individually to each CPFF (Item(s) 0002, and if options are exercised, Items 0006, 0009, 0012, and 0015) order issued under this contract)

(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.

CLAUSES INCORPORATED BY FULL TEXT

TRAVEL COSTS - ALTERNATE I (NAVSEA) (DEC 2005)PRIVATE

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its reasonable actual travel costs in accordance with FAR 31.205-46. The costs to be reimbursed shall be those costs accepted by the cognizant DCAA.

(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 incident to relocation are allowable to the extent provided in FAR 31.205-35; however, Contracting Officer approval shall be required prior to incurring relocation expenses and travel costs incident 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.

CONTRACT SUMMARY FOR PAYMENT OFFICE (COST TYPE) (FEB 1997)

This is an IDIQ contract with terms and conditions that allow for the issuance of cost plus fixed fee or cost plus award fee type orders. Individual orders will specify whether the order is cost plus fixed fee or cost plus award fee.

SUPPLIES AND SERVICES - IDIQ

The Contractor shall furnish the services identified herein when ordered by the Contracting Officer under each delivery order in accordance with the terms and conditions set forth in this Indefinite Delivery – Indefinite Quantity (IDIQ) Contract. The following overall, aggregate minimum and maximum dollars apply: Minimum: $500.00 Maximum: $75,000,000.00. The services and material to be ordered hereunder shall be reimbursed in accordance 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.

SCHEDULED LABOR RATE TABLES FOR SCHEDULED PERSONNEL

(See Attachment 1) (Tables 1-5 on tab E1-5 are to be filled in by the Offeror)

QUALIFICATIONS. The Contractor shall provide personnel having the minimum desired levels of professional/technical experience and education specified for each labor category in Attachment 6, Scheduled Personnel, attached hereto. In addition Key Personnel are subject to the terms of the clause entitled, Substitution of Personnel (5252.237-9106).

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

JOB FUNCTIONS AND SCHEDULED RATES. The functions to be performed by personnel shall reasonably correspond to the title of the labor category. For example, operating or troubleshooting a Remotely Operated Vehicle (ROV) System may not be performed by an individual listed in the Logistics/Financial Assistant labor category, nor may logistics/financial functions be performed by an individual listed in the Lead Operator Technician labor category. Further, work required under an individual order may require personnel whose qualifications do not conform to those labor categories delineated in Attachment 6, Scheduled Personnel Qualification. For example, an individual order for services to support an at-sea operation could require the contractor to supply a Diver(s) and/or a Deck Hand(s) which are not labor categories identified as Scheduled Personnel. Personnel which do not accurately meet the qualifications of Scheduled Personnel labor categories are considered unscheduled labor.

The rates included in the Scheduled Labor Rate Tables below are the fixed rates to be charged by the Contractor for individuals who are performing work under a specific order and who meet the qualifications of the Scheduled Personnel labor categories. Labor charges shall begin upon commencement of service after assignment of a specific order and shall end upon completion of an individual’s direct effort under the order. The rates set forth in Tables 1 through 5 below shall apply regardless of whether personnel in excess of the minimum numbers specified in Attachment 6 are considered to be professional positions and thus exempt from the Service Contract Act under 29 CFR 541. Neither wage determinations nor statement of equivalent rates for federal hires will form a part of this contract.

FACILITY HOURLY AND OVERTIME RATES (See Tables 1 – 5 on tab E1-5) - Apply to personnel performing work under a Non-Operational order and to personnel performing work at the facility under an Operational order. Overtime may be approved by the Government for labor in excess of eight (8) hours per day, or work performed during weekends and holidays. Overtime shall not be an allowable charge under any order unless specifically authorized by SUPSALV. Overtime may be authorized for an entire shift of personnel or on an individual basis.

OPERATIONAL (12 Hour) DAY AND OVERTIME RATES (See Tables 1 – 5 on tab E1-5) – At-sea operations normally consist of twelve (12) hour shifts. Day rates are based on a standard twelve (12) hour day and apply to personnel performing work in the field under an Operational order. Operational rates commence at the time of departure from the Contractor’s facility and terminate when the individual returns to the facility. Operational overtime may be approved by the Government for labor in excess of twelve (12) hours per day. Overtime shall not be used unless specifically authorized by the Government. Overtime may be authorized for an entire shift of personnel or on an individual basis.

SCHEDULED EQUIPMENT RATE TABLES FOR SCHEDULED EQUIPMENT

(See Attachment 7) (Tables 6-10 on tab E6-10 are to be filled in by the Offeror)

The rates included in the Scheduled Equipment Rate Tables below are the fixed rates to be charged by the Contractor when performing work under a specific order. Charges shall begin on the day the equipment leaves the shore based facility for its intended use destination and shall cease the day the equipment returns to the facility. The operating rate is the rate charged for days the equipment is in use. The standby/transit rate is the rate charged for days the equipment is in shipping status or on-scene and not in use.

SCHEDULED HAZARD/HARDSHIP RATE TABLE FOR ATTACHMENT 6, SCHEDULED PERSONNEL

(Table 11 on tab E11-13 is to be filled in by the Offeror. The Hazard premium, if any, shall be priced as either a fixed dollar amount or as a percentage to be applied to Scheduled Rates.)

Hazard/hardship pay means additional pay for performing hazardous duty or work involving physical hardship. Work duty that causes extreme physical discomfort and distress, which is not adequately alleviated by protective devices is deemed to impose a physical hardship. Costs for hazard/hardship premiums shall not be incurred in the performance of any order unless specifically authorized by the Government. Hazard/hardship premiums may be authorized for an entire shift of personnel or on an individual basis.

SCHEDULED FACILITY RATE TABLE FOR STORAGE AND MAINTENANCE OF GOVERNMENT FURNISHED EQUIPMENT

(Table 12 on tab E11-13 is to be filled in by the Offeror)

Facility means the facilities required for the storage and maintenance of Government Furnished Equipment (GFE). The facility use rate is the fixed amount that the Government will pay for the facilities required by the statement of work (SOW) for a twelve (12) month period if an order is issued. The facility use rate shall be inclusive of all expenses/charges related to the storage and maintenance of GFE, including all utilities except telephone. No other direct or indirect charges related to GFE storage and maintenance facilities shall be allowable or allocable under any order.

GENERAL AND ADMINISTRATIVE (G&A) RATES

(Table 13 on tab E11-13 is to be filled in by the Offeror and should include any and all indirect rates for which the Offeror is proposing a ceiling.)

The Contractor agrees that the indirect rates shall be the maximum allowable under the contract. Further, in the case of indirect costs the Contractor shall be reimbursed at the allowable and allocable cost or the below ceiling rate, whichever is less. The indirect rates below shall only apply to unscheduled labor and ODC costs.

BASIS OF COMPENSATION AND PAYMENT

(a) The Contractor shall not be entitled to payment for any services performed or supplies delivered under this IDIQ contract unless evidenced by a Delivery Order signed by the Contracting Officer. Each order issued under the contract will be classified as either an Operational Order or Non-Operational Order. Operational Orders require the Contractor to deploy personnel and/or equipment in support of an at-sea/field operation. Non-Operational Orders do not require the Contractor to deploy personnel and/or equipment. Orders will be designated either Operational or Non-Operational at the sole discretion of the Government. Due to their specific nature training exercises will normally be considered Non-Operational even in cases where personnel are deployed.

(b) Orders under this contract may be issued as cost plus fixed fee or cost plus award fee. Cost reimbursement orders will be issued on a completion basis. Cost reimbursement orders shall be designated as CPFF or CPAF at the sole discretion of the Government.

COST PLUS FIXED FEE (CPFF) ORDERS. For services and supplies ordered on a CPFF basis the Contractor shall be paid in accordance with the provisions of the contract entitled “Allowable Cost and Payment” (FAR 52.216-7), “Fixed Fee” (FAR 52.216-8) and paragraph (c) below.

COST PLUS AWARD FEE (CPAF) ORDERS. For services and supplies ordered on a CPAF basis the Contractor shall be paid in accordance with the provisions of the contract entitled “Allowable Cost and Payment” (FAR 52.216-7), “Fixed Fee” (FAR 52.216-8), “Determination of Fee (NAVSEA),” and paragraph (c) below.

(c) When performing work under any cost reimbursement order issued under this contract the Contractor shall charge Scheduled Personnel and Scheduled Equipment (see Attachments 6 and 7) at the rates identified in the Scheduled Rate Tables above. Unscheduled personnel and equipment/ships/vessel/craft required for the performance of an order shall be reimbursed at rates no higher than those charged best commercial customers; however, these rates shall not exceed the actual reasonable and allowable amounts per FAR Subpart 31.2. To avoid possible subsequent disallowance or dispute based on unreasonableness, unallocability or unallowability under the specific cost principles at Subpart 31.2 the contractor should seek advance agreement on the treatment of special or unusual costs. One example of where an advance agreement might be important is use charges for fully depreciated assets.

Section C - Descriptions and Specifications

PART 1 – CONTRACT LINE ITEM DESCRIPTION

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, 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 search, salvage, 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 Attachment 7. 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. For individuals for which the contractor is charging the fixed scheduled personnel rates included in Attachment 1, Tab E1-5, a man day is considered the services of one person for one day of eight (8) hours for orders designated as Non-Operational and one day of twelve (12) hours for orders designated as Operational.

SPECIFICATIONS

Item 0001 and (if options are exercised) Items 0005, 0008, 0011 and 0014 - Engineering and Technical Services for Operational Tasks in Support of SUPSALV.

Scheduled Personnel Qualifications –Personnel (Attachment 6). The Contractor shall furnish the services of qualified Personnel for engineering and technical fields 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 Personnel to maintain and operate Government Furnished Equipment (Attachment 7) 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 GFE in an 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.

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 GFE, 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.

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 GFE and other operational equipment at a component level.

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.

Items 0002, 0003, and (if options are exercised) Items 0006, 0007, 0009, 0010, 0012, 0013, 0015, and 0016 - Engineering and Technical Services for Non-Operational Task related to Worldwide Undersea Operations in Support of SUPSALV.

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

The Contractor shall store and maintain, in RFI status, GFE and associated ancillary equipment.

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 GFE 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. In order to comply with the Clean Waters Act and EPA and US Coast Guard regulations and policies, 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 (100) mile radius of Andrews Air Force Base (AFB) which is the assigned emergency response airfield. 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.

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.

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 maintain and provide SUPSALV with an up-to-date copy of the call out list and specify emergency points of contact upon.

The Contractor shall be capable of transporting GFE and other operational equipment to either Andrews AFB or another location within CONUS 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 his 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 his own trucks and drivers, only one local trucking company.

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

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

The Contractor may be subject to scheduled or unscheduled 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 United States Air Force (USAF), Federal Aviation Administration (FAA), or Interstate Commerce Commission (ICC) transportation regulations.

GFE 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 GFE. 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 main office.

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.

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.

The Contractor shall be provided with an inventory of GFE parts for maintenance and repair of the specified SUPSALV GFE systems and components and will be required to maintain those inventory levels, or other levels as may be specified by the system or component manufacturer, throughout the contract performance. Remaining inventory will be turned over to the government upon contract completion.

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.

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.

Item 0004 – The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List (CDRL), DD Form 1423, Exhibit A, per the orders issued hereunder.

CONTRACTOR MANPOWER REPORTING

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for SUPSALV via a secure data collection site. The contractor is required to completely full in all required data fields using the following web address http://doncmra.nmci.navy.mil. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year.

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

COMPUTER SOFTWARE AND/OR COMPUTER DATABASE(S) DELIVERED TO AND/OR RECEIVED FROM THE GOVERNMENT (NAVSEA) (APR 2004)

(a) The Contractor agrees to test for viruses all computer software and/or computer databases, as defined in the clause entitled "RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER SOFTWARE DOCUMENTATION" (DFARS 252.227-7014), before delivery of that computer software or computer database in whatever media and on whatever system the software is delivered. The Contractor warrants that any such computer software and/or computer database will be free of viruses when delivered.

(b) The Contractor agrees to test any computer software and/or computer database(s) received from the Government for viruses prior to use under this contract.

(c) Unless otherwise agreed in writing, any license agreement governing the use of any computer software to be delivered as a result of this contract must be paid-up and perpetual, or so nearly perpetual as to allow the use of the computer software or computer data base with the equipment for which it is obtained, or any replacement equipment, for so long as such equipment is used. Otherwise the computer software or computer database does not meet the minimum functional requirements of this contract. In the event that there is any routine to disable the computer software or computer database after the software is developed for or delivered to the Government, that routine shall not disable the computer software or computer database until at least twenty-five calendar years after the delivery date of the affected computer software or computer database to the Government.

(d) No copy protection devices or systems shall be used in any computer software or computer database delivered under this contract to restrict or limit the Government from making copies. This does not prohibit license agreements from specifying the maximum amount of copies that can be made.

(e) Delivery by the Contractor to the Government of certain technical data and other data is now frequently required in digital form rather than as hard copy. Such delivery may cause confusion between data rights and computer software rights. It is agreed that, to the extent that any such data is computer software by virtue of its delivery in digital form, the Government will be licensed to use that digital-form with exactly the same rights and limitations as if the data had been delivered as hard copy.

(f) Any limited rights legends or other allowed legends placed by a Contractor on technical data or other data delivered in digital form shall be digitally included on the same media as the digital-form data and must be associated with the corresponding digital-form technical data to which the legends apply to the extent possible. Such legends shall also be placed in human readable form on a visible surface of the media carrying the digital-form data as delivered, to the extent possible.

CLAUSES INCORPORATED BY FULL TEXT

CONTRACTOR'S PROPOSAL (NAVSEA) (MAR 2001)

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with detailed obligations to which the Contractor committed itself in Proposal dated in response to NAVSEA Solicitation No. N00024-13-R-4102.

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

CLAUSES INCORPORATED BY FULL TEXT

EXTENSION OF COMMERCIAL WARRANTY (NAVSEA) (NOV 1996)

The Contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale, provided that such warranty is available at no additional cost to the Government. The Contractor shall provide a copy of the standard commercial warranty with the item. The standard commercial warranty period shall begin upon the final acceptance of the applicable material or software. Acceptance of the standard commercial warranty does not waive the Government’s rights under the “Inspection” clause, nor does it limit the Government’s rights with regard to other terms and conditions of the contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty.

INFORMATION AND DATA FURNISHED BY THE GOVERNMENT - ALTERNATE II (NAVSEA) (SEP 2009)

(a) NAVSEA Form 4340/2 or Schedule C, as applicable, Government Furnished Information, attached hereto, incorporates by listing or specific reference, all the data or information which the Government has provided or will provide to the Contractor except for

(1) The specifications set forth in Section C, and

(2) Government specifications, including drawings and other Government technical documentation which are referenced directly or indirectly in the specifications set forth in Section C and which are applicable to this contract as specifications, and which are generally available and provided to Contractors or prospective Contractors upon proper request, such as Federal or Military Specifications, and Standard Drawings, etc.

(b) Except for the specifications referred to in subparagraphs (a)(1) and (2) above, the Government will not be obligated to provide to the Contractor any specification, drawing, technical documentation or other publication which is not listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable, notwithstanding anything to the contrary in the specifications, the publications listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable, the clause entitled "GOVERNMENT PROPERTY" (FAR 52.245-1) or "GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES " (FAR 52.245-2), as applicable, or any other term or condition of this contract.

(c)(1) The Contracting Officer may at any time by written order:

(i) delete, supersede, or revise, in whole or in part, data listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable; or

(ii) add items of data or information to NAVSEA Form 4340/2 or Schedule C, as applicable; or

(iii) establish or revise due dates for items of data or information in NAVSEA Form 4340/2 or Schedule C, as applicable.

(2) If any action taken by the Contracting Officer pursuant to subparagraph (c)(1) immediately above causes an increase or decrease in the costs of, or the time required for, performance of any part of the work under this contract, the…