N00024-16-R-4306_Amendment_0003_Summary_of_Changes.pdf

N0002414NR91606

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

See the attached.

1. CONTRACT ID CODE PAGE OF PAGES

R 1 5

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 02-Dec-2015

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N00024-16-R-4306

X 9B. DATED (SEE ITEM 11)

30-Oct-2015

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

02-Dec-2015

CODE

NAVAL SEA SYSTEMS COMMAND

1333 ISAAC HULL AVE SE - MAIL STOP 2030

WASHINGTON NAVY YARD DC 20376-2030

N00024 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N00024-16-R-4306

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES REVISED

The purpose of this amendment to solicitation N00024-16-R-4306 is as follows: 1) provide responses to bidders questions; 2) update Block 9 in Section A; 3) update Section C; 4) update Section J, Exhibit A; and 5) update Section L. Accordingly, the solicitation is amended as follows:

1. Responses to the following bidders’ questions are provided: 0024, 0034, 0035, 0041, 0042, and 0046. This concludes the responses to all bidders’ questions received for the subject solicitation.

2. Under SECTION A - SOLICITATION/CONTRACT FORM, in response to bidders question number 0046, Block 9 has been modified as follows:

The required response date/time has changed from 06-Jan-2016 02:00 PM to 13-Jan-2016 02:00 PM.

3. Under SECTION C - DESCRIPTIONS AND SPECIFICATIONS, in response to bidders question numbers 0024 and 0041, the following language related to Asbestos, Polychlorinated Biphenyls (PCB’s), Non-radioactive PCB Waste, and Hazardous and PCB Waste have been added:

ASBESTOS, POLYCHLORINATED BIPHENYLS (PCB'S) AND OTHER REGULATED SUBSTANCES

A. For the purposes of this contract, regulated substances are those substances (excluding radioactive material) for which:

1. Applicable federal, state or local regulations, or the safety and health standards cited in Section C clause, HQ C-2-0016, "Department of Labor Safety and Health Standards for Ship Repair" may require special exposure control measures to protect worker health and safety, or

2. In the absence of the specific regulations and standards, the Contractor shall utilize Occupational Safety and Health Act (OSHA) recognized standards for identifying and controlling substances, and requiring special exposure control measures to protect workers in accordance with Section 5(a)(1) of Public Law 91-596 OSHA.

Such measures include, but are not limited to, respiratory protection, protective clothing, industrial hygiene surveys and workplace controls such as containment and ventilation.

B. The Government will remediate or reduce the amount of any identified substance determined to be in such concentrations as to require worker protection measures in the workplace environment as required by paragraph A to the extent such remediation or removal is feasible.

C. Despite the best efforts of the Contractor and Government personnel to anticipate and remediate any conditions where the workplace environment is affected by asbestos, PCB's or other regulated substances, the Contractor may nevertheless encounter unanticipated situations where worker protection measures are required. In this case:

1. The Contractor shall not be relieved of his duty to continue to perform the requirements of this contract, including taking any actions necessary to comply with Section C - General Requirement "Department of Labor Occupational Safety and Health Standards for Ship Repair."

2. Any Contractor effort, except for that specified in paragraph C.3. below, resulting from the actions of paragraph C.1. above shall be an allowable cost under this contract but shall not be the subject of equitable adjustment under the "Changes" clause of this contract.

3. Cost and/or schedule impact resulting from remediation measures (i.e. clean up) required by paragraph

A. above and worker protection measures in a level greater than the worker protection measures the Contractor must employ to comply with paragraph C.1. above, shall be the subject of equitable adjustment under the "Changes" clause of this contract.

NON-RADIOACTIVE PCB WASTE

1. Non-Radioactive PCB Waste is any waste which contains polychlorinated biphenyls (PCBs) subject to the disposal regulations of 40CFR761, promulgated under the Toxic Substances Control Act (TSCA). Non-Radioactive PCB waste is defined as any item or material, containing concentrations of PCBs regulated for disposal, that is removed from service for disposal.

2. The Contractor shall not employ equipment or material which are known to or suspected of containing PCBs in the performance of any work under this contract. If the Contractor does introduce PCBs into the work process, the Contractor shall be the Generator (as defined by TSCA) of the resulting PCB waste.

3. Except as provided in paragraph 2 of this clause, the Government agrees that the Navy is the Generator (as defined by TSCA) of any PCB which is produced in the course of performing work under this contract by the servicing, repair, or removal of PCB waste from Government property.

4. The Contractor shall manage PCB Waste produced while performing contract work in accordance with 40CFR761 as applicable.

5. To the extent practical, materials shall not be mixed or adulterated with products which could cause the resulting waste to be subject to the requirements of TSCA.

6. The estimated quantity and the locations of any PCBs which might be encountered in the performance of any work under this contract will be identified and quantified in accordance with Section C - General Requirements “Asbestos, Polychlorinated Biphenyls (PCBs) and Other Regulated Substances” and “Hazardous Waste and PCB Waste”, including the Government providing documentation of potential PCB Waste to the Contractor as early as practicable. Other information relating to handling and disposition of PCBs or PCB Wastes, such as copies of Advisories and documentation of experience of other shipyards relating to PCBs shall be provided to the Contractor in a timely manner.

7. If during the preparation to perform any work under this contract, the Contractor identifies that PCB Waste may be generated, the Contractor shall notify the Contracting Officer as soon as practicable (CDRL A075) but shall continue preparation to perform work which may result in that generation and shall, if practicable, disassemble the materials to minimize the amount of PCB Waste generated. The notification should include type, amount, contract characteristics, and circumstances behind the potential generation of this PCB Waste, including alternatives to its generation.

8. For purposes of this contract, generation of PCB Waste occurs when an item containing PCBs is removed from service without intent to reuse it. Upon receipt of notification that PCB Waste has been, or will be generated, the Government and Contractor agree to cooperate to assure PCB Wastes are removed from the Contractor’s premises no later than thirty days of its generation. The Contractor shall remove, manage, package, handle, accumulate, transport, and dispose of the PCB Waste unless the Government accepts custody and removes the PCB Waste within 30 days of generation. For transfers to Government facilities, to the extent practicable, the Contractor agrees to use consolidation to minimize the number of transfers. If, despite its best efforts, the Contractor is unable to transfer the PCB Waste to a licensed disposal facility within 30 days, the Government agrees to remove the wastes from the Contractor’s plant.

9. All documentation related to Navy-generated PCB Waste produced under this contract shall only bear the generic Generator Identification Number of 40CFR761.205(c) (1), unless applicable state law contains additional requirements under its authority to regulate hazardous wastes, in which case the Contractor shall also comply with the state requirements. The Contractor shall prepare and present manifests, as requested or required by applicable law, to the MARMC CVN Program Manager, with supporting documentation, for completion and approval by the Government.

10. The intent of this clause is to ensure that the Contractor does not assume any responsibilities for PCB waste management that would subject it to the requirements of a Commercial Storer of PCB Waste as defined in 40CFR761. However, if management of the PCB Waste in accordance with this clause results in the Contractor becoming a Commercial Storer of PCB Waste (as defined in 40CFR761) or suffering any additional cost and/or schedule impact to the Contractor, the Contractor shall be entitled to an equitable adjustment in accordance with the “Changes” clause of this contract.

11. Contract Adjustment - This contract shall be subject to adjustment pursuant to Section C - General Requirement “Hazardous Waste and PCB Waste”.

HAZARDOUS WASTE AND PCB WASTE

A. Pursuant to 10 U.S.C. 7311, the Contractor is informed that the amount and types of Hazardous Waste expected to be generated during performance of the availability will be estimated as set forth in Work Item 077-11-001. In addition, the amount of polychlorinated biphenyl (PCB) Waste (including only nonradioactive PCB Waste) will be estimated as set forth in Work Item 077-11-001.

B. The amounts and types of Hazardous Waste set forth in Work Item 077-11-001 will be based on the best information available at the time of contract award. PCB Waste or Hazardous Waste generated during the actual performance of the work may vary in type or amount from that listed in Work Item 077-11-001, which may result in an equitable adjustment in accordance with the "Changes" clause as set forth in Section H - Special Contract Requirement NAVSEA 5252.223-9114 "Management and Disposal of Hazardous Waste," and Section C clause “Non-Radioactive PCB Waste.” Some of the items listed in Work Item 077-11-001 may be neutralized, recycled, or otherwise removed from the requirements of the Resource Conservation and Recovery Act (RCRA). Inclusion of the items in Work Item 077-11-001 does not preclude the Contractor from taking action consistent with the RCRA or the Toxic Substances Control Act (TSCA) to reduce or eliminate the hazardous constituents of any waste required to be disposed of under this contract.

4. Under SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS, in response bidders question number 0034, Exhibit A will be revised to reflect the deletion of CDRL A088. An updated Exhibit A will be provided in a subsequent amendment.

5. Under SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS, in response to bidders question number 0046, the proposal submission date in Paragraph I has been modified as follows:

I. SUBMISSION OF PROPOSALS

PROPOSALS ARE DUE AT 1400 EASTERN STANDARD TIME ON WEDNESDAY, 13 JANUARY 2016 AT

THE NAVAL SEA SYSTEMS COMMAND.

6. Except as modified herein, all other terms and agreement of the subject solicitation remain unchanged.

(End of Summary of Changes)