RFP_Encl_2_Final_QA.pdf

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Question # Reference Contract Section

Question Date Submitted to Customer Government Response

Section C, Page (23), Part 2 ‐ General Requirements:

Asbestos, PCBs and Other Regulated Substances, Para. (b) Is the intent of paragraph (b) that SUPSHIP must initiate the "Regulated substance ship check"?

If so, if SUPSHIP does not initiate a ship check, does that mean it is not required? 3/30/2016

It is the contractor's responsibility to perform the shipcheck. If access to the vessel is a concern for the contractors they can request assistance from the Supervisor to obtain access.

General Draft Solicitation Discussion

Does the Government intend to utilize this proposed contract vehicle to accomplish submarine availabilities such as the MONTPELIER IDD and the COLUMBUS EOH? 3/30/2016 Yes, the MAC IDIQ can be used to accomplish an entire submarine availability.

General Draft Solicitation Discussion

The existing Submarine Basic Ordering Agreement (SUB BOA) allows for the contracting of discrete SUBSAFE work.

Does the Government intend to allow for contracting of discrete SUBSAFE work under this proposed solicitation? 3/30/2016

An important factor for the submarine repair MAC is that it is intended for work that can only be performed by either EB or HII with their unique skills and capabilities. As indicated in Section C of the IDIQ Contract, the scope of work for supplies or services unique to EB and HII‐NNS includes three categories for discrete jobs (1) Overhaul Maintenance and Repair and Modernization Upgrades; (2) Technical and Engineering Support; and (3) Supplies and/or Ancillary Services.

Discrete jobs within the scope of the IDIQ may or may not contain SUBSAFE work. There is already an existing contract vehicle available for standalone SUBSAFE work. The thrust of the IDIQ must be for a total discrete job as defined in Section C of the IDIQ Contract.

4200 Ser 02433/526 22 MAR 2016: Page (2) Section (III)

The forwarding letter for the draft solicitation states that a proposal shall include a projected small business subcontracting plan for FY17 through FY21 time period. What basis shall the contractor utilize to develop the small business subcontracting plan? 3/30/2016

The letter has been updated to remove this requirement. The subcontracting plans will be required at the ordering level

4200 Ser 02433/526 22 MAR 2016: Page (2) Section (2)

Is the contractor to base the proposed labor rates by trades skill on historical information derived from task order awards issued under the previous Submarine Basic Ordering Agreements? 3/30/2016 The letter has been updated to require the submission of current rate package or FPRP.

4200 Ser 02433/526 22 MAR 2016: Page (2) Section (2) What process will be utilized to evaluate labor rates by trades skill for trades that are proposed in response to a

Delivery Order RFP but were not anticipated, proposed or awarded under the base MAC IDIQ contract? 3/30/2016 The submission of your FPRP will be used to establish baseline rates (to be updated annually) These rates will be utilized to assist in the fair and reasonable determination.

Section C, Page (21), Para. (4):

Nuclear Trade Labor Support The subject paragraph contains the sentence "When directed by an appropriate order provides Nuclear‐related trade labor support required to augment trades at Naval Shipyards requiring the unique expertise of EB in support of nuclear‐powered Submarine repairs." Should this sentence read "...... requiring the unique expertise of the contractor in support of nuclear‐powered Submarine repairs." 3/30/2016 The IDIQ has been modified to incorporate this change.

Section C, Page (23), Part 2 ‐ General Requirements:

Asbestos, PCBs and Other Regulated Substances, Para. (b)

The subject paragraph contains the sentences "…..as authorized by SUPSHIP Groton…." and "……..as practicable and prior to ship arrival at EBCorp……..". Should these sentences read "…..as authorized by the Supervisor…." and "……..as practicable and prior to ship arrival at the contractors facility…….." 3/30/2016 The IDIQ has been modified to incorporate this change.

Section C, Page (26‐27), NON‐

RADIOACTIVE PCB WASTE;

Para. (7)

In previously negotiated contract awards, the contractor has received different language with respect to the referenced solicitation section/clause. Will the government consider amending the referenced clause/paragraph to include the following language as has been previously awarded? (Requested additional language in red font)

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 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, characteristics, and circumstances behind the potential generation of this PCB waste, including alternatives to its generation. When generated at a site other than the Contractor’s facility, PCB waste shall be turned over to Ship’s Force and/or Government consolidation/storage facility within thirty days of its generation. Upon receipt of timely notification that PCB waste has been, or will be, generated, the Government agrees to accept custody of the waste and remove it from the Contractor’s possession no later than thirty days of its generation. 3/30/2016 No, the Government will not add the requested additional language

Section C, Page (28), RADIOACTIVE PCB WASTE;

Para. (8)

The Contracting Officer must approve generation of radioactive PCB waste that cannot be dispositioned by the Contractor within 30 days of the start of the 30 day accumulation period.

3/30/2016 No, the Government will not add the requested additional language

N00024‐16‐R‐4317: Government Responses to Industry Questions

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Section C, Page (29), RADIOACTIVE PCB WASTE;

Para. (9)

The contractor requests the inclusion of the following sentence at end of paragraph (9) of the referenced clause:

When generated at a site other than the Contractor’s facility, radioactive PCB waste shall be turned over to Ship’s Force and/or Government consolidation/storage facility in the manner directed by the Contracting Officer within thirty days of its generation. Upon receipt of timely notification that radioactive PCB waste has been, or will be, generated, the Government agrees to accept custody of the waste and remove it from the Contractor’s possession no later than thirty days of its generation. 3/30/2016 No, the Government will not add the requested additional language

Section C, Page (29), RADIOACTIVE PCB WASTE; The contractor requests the inclusion of the following paragraph to the referenced clause:

Radioactive PCB Waste that also contains hazardous waste regulated under the Resource Conservation and Recovery Act (“Mixed Waste containing PCB”) shall be managed as co‐generated waste. Mixed Waste containing PCB shall be managed in accordance with the applicable sections of the Contractor’s Mixed Waste Management Plan. Upon receipt of timely notification that Mixed Waste Containing PCB has been, or will be, generated in the course of performing work under this contract, the Government agrees to accept custody of the Waste and remove it no later than thirty days of its generation. The shipment manifest shall be prepared by the Contractor using the EPA Generator Identification number of the Navy in block no. 1 (“Generator”) and the Contractor’s Generator Identification Number in block no. 14 (“Other”) of the manifest. The nuclear risk indemnity under Public Law 85‐804 would apply to the risks associated with the radioactive component as otherwise provided under the contract. 3/30/2016 No, the Government will not add the requested additional language

Section B The contractor requests the inclusion of the clause: AGREEMENT REGARDING

PAYMENT OF PERIODIC INVOICES

The Government shall make its best efforts to pay the Contractor within ten (10) full Government business days after Contractor's submission of a complete, accurate, and properly certified invoice to the cognizant SUPSHIP. 3/30/2016 No, the Government will not add the requested additional language.

Section B

The contractor requests the inclusion of the clause:

PAYMENTS OF FEES (COMPLETION) (NAVSEA) (MAY 1993)

(a) For the 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 [TBD]% 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.

3/30/2016 This clause has been incorporated

Section C, Page (24), CONUS ANTITERRORISM

STANDARDS

The contractor request the removal of the clause CONUS ANTITERRORISM STANDARDS as included on page (24), Section C of the subject draft solicitation. 3/30/2016 No, the Government will not remove this clause from the solicitation

Section C, Page (24), Disposition of Scrap

The contractor requests correction to the language as contained in the referenced clause. (Corrected language in red font) HQ C‐2‐0018 DISPOSITION OF

SCRAP (NAVSEA) (MODIFIED) (MAR 2008)

Disposition of scrap will be in accordance with the Contractor's Government Property Control System as addressed in the Contractor's Government Property Administration Manual (GPAM) as approved by the cognizant SUPSHIP Groton. 3/30/2016 The IDIQ has been modified to incorporate this change.

Section C, Page (39‐40), Disposal of Scrap The contractor request the removal of the clause HQ C‐2‐0018 DISPOSAL OF SCRAP (NAVSEA) (JAN 2008) 3/30/2016 No, the Government will not remove the requested clause

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Section C, Page (25), Mixed Radioactive Waste

The referenced clause calls out "..the State of Connecticut.." in several paragraphs. The contractor requests the language be modified to "…..the state in which the work is to take place….." 3/30/2016 The IDIQ has been modified to incorporate this change.

Section C, Page (35), Para. (g)

HQ C‐2‐0005 ACCESS TO

VESSELS BY NON U.S. CITIZENS

(NAVSEA) (DEC 2005)

The contractor request modification of the language as contained in paragraph (g) of the referenced clause as follows: (Modified language in red font)

g) The same restriction as in paragraph (g) (f) above applies to other non‐U.S. citizens who have access to the Contractor's facilities (e.g., for accomplishing facility improvements, from foreign crewed vessels within its facility, etc.) except that, with respect to access to the vessel and worksite, the restrictions shall not apply to uniformed U.S. Navy personnel who are not U.S. citizens and who are either assigned to the ship or require access to the ship to perform their duties.

3/30/2016 No, the Government does not believe the additional language is necessary. MAC IDIQ holders would not have knowledge of the citizenship status of navy personnel.

Section C The contractor requests inclusion of the following clause in the subject solicitation: ADDITIONAL INSURANCE

PROVISIONS (CT)

Notwithstanding any other provision of this contract, for the purpose of the contract clause entitled "Insurance‐ Liability to Third Persons (FAR 52.228‐7)", the vessel, its outfit, supplies, equipment, and the property or equipment of Government personnel or Government contractors other than the Prime Contractor, shall not be considered to be in the care, custody or control of the Contractor nor used by the Contractor.

3/30/2016 No, the Government will not add the requested clause

Section C, Page (38), Para. (a)

HQ C‐2‐0011 COMPUTER

SOFTWARE AND/OR

COMPUTER DATABASE(S)

DELIVERED TO AND/OR

RECEIVED FROM THE

GOVERNMENT (NAVSEA) (APR

2004)

The contractor request modification of the language as contained in paragraph (a) of the referenced clause as follows: (Modified language in red font) (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 using the most current version of commercially available anti‐virus software. The Contractor warrants that any such computer software and/or computer database will be free of viruses when delivered to the extent such viruses could have been deleted with the most current version of commercially available anti‐virus software at the time of delivery of the computer software or database. 3/30/2016 No, the Government will not add the requested additional language

Section C The contractor requests inclusion of the following clause in the subject solicitation: CLARIFICATION OF

“LIABILITY AND INSURANCE” CLAUSE

The following clarification applies to paragraph (b)(3)(i) of the “Liability and Insurance” clause: The risks of loss and damage assumed by the Government addressed in paragraph (b)(1) include, but are not limited to, losses or damages which are consequences of defective workmanship or defective materials or equipment, or workmanship of materials which do not conform to the requirements of the contract. The contractor is responsible for the inspection, repair, replacement, or renewal of such defects themselves.

3/30/2016 No, the Government will not be adding this clause

Section C, Page (46)

HQ C‐2‐0043 PROTECTION OF

THE SHIP DURING ADVERSE

ENVIRONMENTAL CONDITIONS

(NAVSEA) (FEB 1994)

The contractor request modification of the language as contained in paragraph (a) of the referenced clause as follows: (Modified language in red font) The Contractor shall ensure that the ship(s) and all related material at the Contractor's facilities are protected during conditions of heavy weather, high winds, heavy snow and icing, high water or similar adverse environmental conditions. The Contractor shall develop, maintain, and implement the latest approved revision of the Contractor’s Procedure Y‐ 1061 ‘Precautions and Preparations for Hurricanes and Other Severe Storms’ as necessary an "Adverse Environmental Conditions Plan" which prescribes the actions and procedures and assigns responsibilities for action to be taken in preparation for and during the period of adverse environmental conditions. The Contractor shall furnish the plan to the Supervisor and shall make such changes in the plan as the Supervisor considers necessary to provide for adequate protection of the ship(s) and the materials and equipment to be installed therein. All revisions subsequent to the one in effect at the time of Ship arrival, which alter actions to be taken by the Contractor to protect the Ship with the exception of those necessary to comply with changes in Federal Law or Regulations, must receive technical review by the Supervisor 3/30/2016 No, the Government will not delete the suggested language

Section C, Page (46), Para. (b), HQ C‐2‐0044 PROTECTION OF

THE VESSEL (NAVSEA) (SEP

1990)

The contractor request modification of the language as contained in paragraph (a) of the referenced clause as follows: (Modified language in red font) (b) Except as otherwise provided in contractually invoked technical specifications or NAVSEA furnished directives, while the vessel is at the Contractor's plant and when the temperature becomes as low as thirty‐five degrees Fahrenheit, the Contractor shall assist the Government when requested in keeping all pipe‐lines, fixtures, traps, tanks, and other receptacles on the vessel drained to avoid damage from freezing, or if this is not practicable, the vessel shall be kept heated to prevent such damage. The vessel's stern tube and propeller hubs shall be protected by the Contractor from frost damage by applied heat through the use of a salamander or other proper means. 3/30/2016 No, the Government will not delete the suggested language

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Section C, Page (47), HQ C‐2‐0047 REMOVALS

(NAVSEA) (SEP 1990)

Does the Government intend that this clause be applicable only to cost‐type orders? If not, will the Government modify the clause such that the Contractor is entitled to an equitable adjustment under Fixed Price orders in the event the requirements of this clause increases the cost to the contractor? 3/30/2016

No, additional clarification is not necessary, the last sentence in the clause states, "In the event such items are removed and forwarded to a Government depot or to a party other than the Contractor, removal and return to storage of said items shall be at the expense of the Government."

Section D, Page (54), HQ D‐1‐0001 DATA PACKAGING

LANGUAGE (NAVSEA) The contractor request modification of the language as contained in paragraph (a) of the referenced clause as follows: (Modified language in red font) Data to be delivered by Integrated Digital Environment (IDE) or other electronic media shall be as specified in the contract.

All unclassified data to be shipped shall be prepared for shipment in accordance with best commercial practice.

general industry practice for the types and quantities of data being shipped.

Classified reports, data, and documentation shall be prepared for shipment in accordance with National Industrial Security Program Operating Manual (NISPOM), DOD 5220.22‐M dated 28 February 2006. 3/30/2016 No, the Government will not consider the suggested changes

Section D, Page (55), Para. (a)

HQ D‐2‐0006 MARKING AND

PACKING LIST(S) (NAVSEA)

(NOV 1996)

The contractor request modification of the language as contained in paragraph (a) of the referenced clause as follows: (Modified language in red font) (a) Marking. Shipments, shipping containers and palletized unit loads shall be marked in accordance with best generally accepted commercial practice. 3/30/2016 No, the Government will not consider the suggested changes

Section G, Page (81), 5252.237‐9106 SUBSTITUTION

OF PERSONNEL (SEP 1990) The contractor request the removal of the clause 5252.237‐9106 SUBSTITUTION OF PERSONNEL (SEP 1990) as included in Section G, Page (81) of the subject draft solicitation. 3/30/2016 No, the Government will not remove this clause

Section G, Page (82‐83), 5252.245‐9108 GOVERNMENT‐

FURNISHED PROPERTY

(PERFORMANCE) (APR 2015) The contractor requests inclusion of the following language with the referenced clause:

“If applicable, to be filled out at the ordering level of this contract” 3/30/2016 The IDIQ has been modified to incorporate this change.

Section G The contractor requests inclusion of the following clause in the subject solicitation: CLARIFICATION REGARDING

LOST, DAMAGED OR STOLEN GOVERNMENT PROPERTY.

Under FAR 52.245‐1 entitled “GOVERNMENT PROPERTY”, if Government Property is lost, damaged or stolen, the Contracting Officer shall direct the Contractor to repair, renovate, and take such other action with respect to such damaged government property. The Contractor shall be entitled to an equitable adjustment in the contract price for the expenditures made in performing these obligations subject to the exceptions stated in paragraph (h) of FAR 52.245‐1.

3/30/2016 No, the Government will not be adding this clause.

Section I

The contractor requests the Government add the following definitions of nuclear risks and unusually hazardous risks that are necessary under FAR 52.250‐1 and its Alternate I version.

FAR 52.252‐4 ALTERATIONS IN CONTRACT (APR 1984)

1. FAR 52.250‐1 INDEMNIFICATION UNDER PUBLIC LAW 85‐804 (APR 1984) and ALTERNATE I (APR 1984) the following definitions, from the Secretary of the Navy’s MEMORANDUM OF DECISION UNDER PUBLIC LAW 85‐804 dated October 03, 2011, are added to the paragraph (j) of clause FAR 52.250‐1 as follows:

For purposes of this clause:

(i) "nuclear risks" are those risks attributable to the radioactive toxic, explosive, or other hazardous properties of "special nuclear material" "by‐product material" or "source material," as such materials are defined in the Atomic Energy Act of 1954, as amended.

(ii) "unusually hazardous risks" are the risks of explosion, detonation, burning or propulsion attributable to the utilization of high energy propellants in (i) POLARIS, POSEIDON, TRIDENT, or Tomahawk Cruise Missiles, or of any component thereof, or (ii) propellant‐powered POLARIS, POSEIDON, TRIDENT or Tomahawk Cruise test missiles or of any component thereof, or (iii) any other component or subcomponent of the POLARIS, POSEIDON, TRIDENT or Tomahawk Cruise Missile weapon systems which uses high energy propellants."

3/30/2016 The Government has reviewed previous procurements (USS Monteplier and Columbus) and will incorporate language consistent with the previous procurement

RFP Letter

RFP requires Technical proposal. Both candidate shipyards (EB and HII‐NNS) are qualified full service nuclear submarine repair and maintenance providers. Due to the expense of preparing a technical proposal, can this requirement be eliminated? 3/30/2016

No the Government requested minimum information necessary to ensure that MAC IDIQ holders have an understanding of the breath of the requirement and will be able to perform and provide services throughout the life of the IDIQ Contract.

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

33 Page 19 Travel Costs Need to discuss this clause to clearly understand interpretation of allowable costs. 3/30/2016 The allowability of travel cost will be determined at the ordering level in accordance with the travel clause of the MAC IDIQ contract.

34 N00024‐16‐R4310 RFP Letter, Page 2, Section III ‐ Small business subcontracting plan

The letter request a corporate small businees subcontracting plan for FY17 through FY21. Small business subcontracting plans are required and submitted by contract for the period of performance identified in the specific contract. Therefore, there is no corporate small business subcontract plan for FY17‐FY21. We request that this requirement be removed. Small business subcontracting plans will be submitted as required by the FAR at the ordering level. 5/27/2016

This language has been removed. Small Business Subcontracting Plans will be required at the individual ordering level.

Section J, Page 27 of the RFP Based on the changes in the current draft RFP letter related to the rates proposal (page 2, Section II). We request that Attachment 1 be removed from Section J of the RFP. 5/27/2016

The excel file that was released under the 22 Mar 2016 draft solicitation as Attachment 1 Labor Rates and Definition will be deleted and replaced with a new Attachment 1 which will be the forward pricing rate proposal(s) and disclosure statements submitted on an annual basis to establish the baseline rates under the IDIQ Contract as indicated in the 07 April 2016 revision.

Section B, Page 11 and 12

HQ B‐2‐0012 Payment for Engineering Services and Support and HQ B‐2‐0013 Payment of Engineering Services and Support ‐ Alterative have onerous reporting requirements. Although these are identified as "tailored at the ordering level", due to the administrative cost of producing this level of reporting we recommend deleting these special clauses from the MAC IDIQ. 5/27/2016

Consistent with the perscription of this clause, the Government believes this clause will be applicable for certain task orders being issued under the MAC IDIQ contract. If this clause is applicable, it will be asserted into the applicable task order and any administrative cost will be negotiated as part of the order negotiations.

37 Section C, Page 23 Based on the changes to include fee on some travel cost, in Paragraph 8 under Item 0004, 1004, 2004, 3004, and 4004 ‐ Travel Reimbursement (cost reimbursable only) should be removed. 5/27/2016 This paragraph has been modified, please see Section C.

Section C:

The contractor requests the inclusion of the “Material Availability”. This is a clause typically included in the contractors overhaul or repair contracts that will involve open‐and‐inspect work. The clause recognizes the risk associated with overhauling ships that have been in the fleet for a long period of time. Obtaining material to repair such ships can be difficult especially if the equipment is outmoded.

MATERIAL AVAILABILITY

In the event the Contractor anticipates that any material necessary for the accomplishment of this overhaul will not be timely obtainable by the Contractor, so that performance would be so delayed as to delay redelivery of the ship by the date specified in the contract, the Contractor shall promptly notify the Contracting Officer, identifying the specific material in question, setting forth the facts upon which the Contractor concludes that the performance would be so delayed as noted above, and providing the Contractor's anticipated delay in redelivery of the ship. The Contracting Officer shall promptly: (i) notify the Contractor whether or not the Contracting Officer agrees with the Contractor's assessment of the prospective delay in redelivery of the ship; and (ii) provide direction as to whether or not performance, in full or in part, should be continued for the affected work. The contract shall be equitably adjusted in accordance with the "Changes" clause: (i) if the Contracting Officer agrees with the prospective delay in redelivery of the ship, agrees that the non availability of material was beyond the control of the Contractor and directs the continued performance of the affected work or, (ii) if the Contracting Officer directs the reduction in scope of work resulting from any deletion, in full or in part, of affected work.

5/27/2016

This is not a Government clause in FAR, DFARS, or NMCARS. It appears that this is a term that may have been negotiated into a particular contract for an availability. Therefore, if required it would be proper for the contractor and the government ordering office to negotiate such a term into an individual order. However, it is not proper to include this term at the IDIQ level.

Section C: HQ C‐2‐0034

HQ C‐2‐0034 MINIMUM INSURANCE REQUIREMENTS (NAVSEA) (SEP 1990): The reference in paragraph (a) to FAR 28.307(a) is ou tof date. This reference should be revised tothe current reference, FAR 28.307‐2(a). Additionally, the contractor requests the inclusion of the additional language to the end of paragraph (a) to acknowledge that the contractor is self insured for worker's compensation liability. The contractor requests the following be added to paragraph (a): "In lieu of the insurance required by the immediate preceding sentence, Contractor may meet the requirements for Workers’ Compensation and Employers’ Liability by maintaining an approved self‐insurance program.” 5/27/2016

The solicitation has been updated to reflect 28.307‐2(a). The Government will not consider the suggested changes.

Section C: HQ C‐2‐0045

HQ C‐2‐0045 QUALIFICATION OF CONTRACTOR NONDESTRUCTIVE TESTING (NDT) PERSONNEL (NAVSEA) (APR 2015): The contractor requests revision to the aforementioned clause to reflect that the contractors NDT personnel are qualified to NAVSEA Technical Publication T9074‐AS‐GIB‐010/271 Advanced Change Notice 1 (16 Feb 1999) in lieu of NAVSEA Technical Publication T9074‐ AS‐GIB‐010/271, Revision 1 of 11 September 2014 as currently included in the solicitation. 5/27/2016

The Government does not agree with modifying the clause. Negotiated agreeements/deviations can be negotiated and incorprated at the ordering level

Section C: HQ C‐2‐0047

HQ C‐2‐0047 Removal and Shipout or Other Disposition of Government Property:

The contractor requests the removal of the afforementioned clause as it does not appear to be applicable to the types of taskings that would be anticipated to be associated with this solicitation. The aforementioned clause is usually associated with inactivation work.

5/27/2016

Consistent with the perscription of this clause, the Government believes this clause will be applicable for certain task orders being issued under the MAC IDIQ contract. If this clause is applicable, it will be asserted at the order level and will be applicable for that particular task order only.

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Section C: HQ C‐2‐0056

HQ C‐2‐0056 Test and Trials – Alt 1:

The contractor requests the removal of the aforementioned clause. The Alternate 1 version says that the vessel will be under the control of the Contractor and Contractor’s crew. There should be no instance where the contractor is required to be in control of the vessel during trials. We will only be dealing with commissioned nuclear ships under this contract, and those are required to be operated by the Navy only.

5/27/2016

Consistent with the perscription of this clause, the Government believes this clause may be applicable for certain task orders being issued under the MAC IDIQ contract. If this clause is applicable, it will be asserted at the order level and will be applicable for that particular task order only.

Section I: 52.207‐3

52.207‐3 Rights of First Refusal of Employment:

The aforementioned clause places certain obligations on the contractor to hire Government employees displaced by this being awarded to the private sector. As this contract is essentially a follow on to previous Submarine Basic Ordering Agreements it is not anticipated that work awarded under an award resulting from the reference solicitation would lead to the displacement of Government employees. As such, the contractor requests the removal of the afrementioned clause. 5/27/2016 This clause has been removed.

Section I: 52.223‐19

52.223‐19 Compliance Environmental Management Systems:

The aformentioned clause does not appear to be applicable as it should apply only when the contract is to operate government‐owned or –leased property or vehicles. As such, the contractor requests removal of the clause from the solicitation. 5/27/2016

Consistent with the perscription of this clause, the Government believes this clause will be applicable for certain task orders being issued under the MAC IDIQ contract. If this clause is applicable, it will be asserted at the order level and will be applicable for that particular task order only.

Section I: HQ C‐2‐0041

HQ C‐2‐0041 PRINTING OF TECHNICAL MANUALS, PUBLICATIONS, CHANGES, REVISIONS AND AMENDMENTS (NAVSEA) (APR 2015): The aforementioned clause conflicts with NAVSEA Procedure G‐1 for printing NAVSEA 08 technical manuals. The contractor requestscontract clause be removed. If the government is unwilling to remove the clause the contractor requests the inclusion of the following language within the clause; "for NAVSEA 08 cognizant technical manuals, printing shall be in accordance with NAVSEA Procedure G‐1 and the POD system." 5/27/2016

Section C has been clarified as follows: "For NAVSEA 08 cognizant technical manuals, printing shall be in accordance with NAVSEA Procedure G‐1 and the POD system."

Section H: 5252.227‐9101

5252.227‐9101 TRANSMISSION ABROAD OF EQUIPMENT OR TECHNICAL DATA RELATING TO THE NUCLEAR PROPULSION OF NAVAL SHIPS (APR 2015): the contractor requests the inclusion of the following language into the aforementioned clause. This inclusion is contained in similar contracts held by the contractor. NOTE: Implementation of OPNAVINST N9210.3, "Safeguarding of Naval Nuclear Propulsion Information," is subject to the conditions and clarifications in accordance with letter M.1.4.b dated August 22, 2011 which was accepted by NAVSEA 08/Supship‐NN’s letter 5511 Ser 190/137 dated November 17, 2011. 5/27/2016

The Government does not agree with modifying the clause. Negotiated agreeements/deviations can be incorprated at the ordering level

Section C: RADIOACTIVE PCB WASTE; Para. (8)

The contractor again requests the inclusion of the following sentence at end of paragraph (9) of the referenced clause. This added langauge has been included in similar contracts awarded to the contractor:

The Contracting Officer must approve generation of radioactive PCB waste that cannot be dispositioned by the Contractor within 30 days of the start of the 30 day accumulation period.

5/27/2016 The Government does not agree with modifying the clause. Negotiated agreeements/deviations can be incorprated at the ordering level

Section C: RADIOACTIVE PCB WASTE; Para. (9)

The contractor again requests the inclusion of the following sentence at end of paragraph (9) of the referenced clause. This added langauge has been included in similar contracts awarded to the contractor:

: When generated at a site other than the Contractor’s facility, radioactive PCB waste shall be turned over to Ship’s Force and/or Government consolidation/storage facility in the manner directed by the Contracting Officer within thirty days of its generation. Upon receipt of timely notification that radioactive PCB waste has been, or will be, generated, the Government agrees to accept custody of the waste and remove it from the Contractor’s possession no later than thirty days of its generation.

5/27/2016 The Government does not agree with modifying the clause. Negotiated agreeements/deviations can be incorprated at the ordering level

Section C: RADIOACTIVE PCB

WASTE;

The contractor again requests the inclusion of the following paragraph to the referenced clause. This added langauge has been included in similar contracts awarded to the contractor:

Radioactive PCB Waste that also contains hazardous waste regulated under the Resource Conservation and Recovery Act (“Mixed Waste containing PCB”) shall be managed as co‐generated waste. Mixed Waste containing PCB shall be managed in accordance with the applicable sections of the Contractor’s Mixed Waste Management Plan. Upon receipt of timely notification that Mixed Waste Containing PCB has been, or will be, generated in the course of performing work under this contract, the Government agrees to accept custody of the Waste and remove it no later than thirty days of its generation. The shipment manifest shall be prepared by the Contractor using the EPA Generator Identification number of the Navy in block no. 1 (“Generator”) and the Contractor’s Generator Identification Number in block no. 14 (“Other”) of the manifest. The nuclear risk indemnity under Public Law 85‐804 would apply to the risks associated with the radioactive component as otherwise provided under the contract.

5/27/2016 The Government does not agree with modifying the clause. Negotiated agreeements/deviations can be incorprated at the ordering level

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Section C, Page (35), Para. (g)

HQ C‐2‐0005 ACCESS TO

VESSELS BY NON U.S. CITIZENS

(NAVSEA) (DEC 2005)

The contractor request modification of the language as contained in paragraph (g) of the referenced clause as follows. The requested revised language was included in previous SUB BOA's N00024‐14‐G‐4301 & N00024‐10‐G‐ 4305 as well as the USS ALBANY contract.: (Modified language in red font)

g) The same restriction as in paragraph (g) (f) above applies to other non‐U.S. citizens who have access to the Contractor's facilities (e.g., for accomplishing facility improvements, from foreign crewed vessels within its facility, etc.) except that, with respect to access to the vessel and worksite, the restrictions shall not apply to uniformed U.S. Navy personnel who are not U.S. citizens and who are either assigned to the ship or require access to the ship to perform their duties.

5/27/2016 The Government's position remains unchanged, please see response provided to question 19.

Section C:

The contractor again requests inclusion of the following clause in the subject solicitation. This inclusion is requested to make clear that the contractor is not for loss or damage to sailor's, AIT's or CCT's personal propoerty.

The requested caluse was included in previous SUB BOA's N00024‐14‐G‐4301 & N00024‐10‐G‐4305 :

ADDITIONAL INSURANCE PROVISIONS (CT)

Notwithstanding any other provision of this contract, for the purpose of the contract clause entitled "Insurance‐ Liability to Third Persons (FAR 52.228‐7)", the vessel, its outfit, supplies, equipment, and the property or equipment of Government personnel or Government contractors other than the Prime Contractor, shall not be considered to be in the care, custody or control of the Contractor nor used by the Contractor.

5/27/2016 The Government's position remains unchanged, please see response provided to question 20.

Section C: Para. (a)

HQ C‐2‐0011 COMPUTER

SOFTWARE AND/OR

COMPUTER DATABASE(S)

DELIVERED TO AND/OR

RECEIVED FROM THE

GOVERNMENT (NAVSEA) (APR

2004)

The contractor again request modification of the language as contained in paragraph (a) of the referenced clause.

this request is to clarify that the contractor is on able to protect against viruses that are detectable/deletable with current virus software. the requested language is as follows. Similar language was included in SUB BOA N00024‐14‐ G‐4301:

(Modified language in red font)

(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 using the most current version of commercially available anti‐virus software. The Contractor warrants that any such computer software and/or computer database will be free of viruses when delivered to the extent such viruses could have been deleted with the most current version of commercially available anti‐virus software at the time of delivery of the computer software or database.

5/27/2016 The Government's position remains unchanged, please see response provided to question 21.

Section C The contractor requests inclusion of the following clause in the subject solicitation. The following clause was requested and included in the Contractors award for the USS COLUMBUS EOH Availability as well as the USS ALBANY contract. The contractor considers the inclusion of the following clause as a requirement for this solicitation.

CLARIFICATION OF “LIABILITY AND INSURANCE” CLAUSE

The following clarification applies to paragraph (b)(3)(i) of the “Liability and Insurance” clause: The risks of loss and damage assumed by the Government addressed in paragraph (b)(1) include, but are not limited to, losses or damages which are consequences of defective workmanship or defective materials or equipment, or workmanship of materials which do not conform to the requirements of the contract. The contractor is responsible for the inspection, repair, replacement, or renewal of such defects themselves.

5/27/2016

The Government will not incorporate this clause as DFAR 252.217‐7012 paragrpah (b)(1) of the clause is very clear on what risk of loss the Government will assume vs what the contractor will assume under paragraph (3) of the clause.

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Section C:

HQ C‐2‐0043 PROTECTION OF

THE SHIP DURING ADVERSE

ENVIRONMENTAL CONDITIONS

(NAVSEA) (FEB 1994)

The contractor request modification of the language as contained in paragraph (a) of the referenced clause as follows: (Modified language in red font). The contractor has a procedure for ensure that the ship(s) and all related material at the Contractor's facilities are protected during conditions of heavy weather, high winds, heavy snow and icing, high water or similar adverse environmental conditions. This procedure is invoked on similar contracts awarded to the contractorsuch as SUB BOA N00024‐14‐G‐4301. The development, maintainance, and implementation of additional procedures is cost prohibitive and adds no value to the Government.

The Contractor shall ensure that the ship(s) and all related material at the Contractor's facilities are protected during conditions of heavy weather, high winds, heavy snow and icing, high water or similar adverse environmental conditions. The Contractor shall develop, maintain, and implement the latest approved revision of the Contractor’s Procedure Y‐1061 ‘Precautions and Preparations for Hurricanes and Other Severe Storms’ as necessary an "Adverse Environmental Conditions Plan" which prescribes the actions and procedures and assigns responsibilities for action to be taken in preparation for and during the period of adverse environmental conditions. The Contractor shall furnish the plan to the Supervisor and shall make such changes in the plan as the Supervisor considers necessary to provide for adequate protection of the ship(s) and the materials and equipment to be installed therein. All revisions subsequent to the one in effect at the time of Ship arrival, which alter actions to be taken by the Contractor to protect the Ship with the exception of those necessary to comply with changes in Federal Law or Regulations, must receive technical review by the Supervisor

5/27/2016 The Government's position remains unchanged, please see response provided to question 23.

Section D:

HQ D‐1‐0001 DATA PACKAGING

LANGUAGE (NAVSEA)

The contractor request modification of the language as contained in paragraph (a) of the referenced clause as follows. The requested modification is included in similar contracts awarded to the company. Additionally the requested modification alleviates any discussion as to what the term "best" means:

(Modified language in red font) Data to be delivered by Integrated Digital Environment (IDE) or other electronic media shall be as specified in the contract.

All unclassified data to be shipped shall be prepared for shipment in accordance with best commercial practice.

general industry practice for the types and quantities of data being shipped. Classified reports, data, and documentation shall be prepared for shipment in accordance with National Industrial Security Program Operating Manual (NISPOM), DOD 5220.22‐M dated 28 February 2006.

5/27/2016 The Government's position remains unchanged, please see response provided to question 26.

In Section B,HQ B‐2‐0012 –

PAYMENT FOR ENGINEERING

SERVICES AND SUPPORT. NOTE: Separate invoices for engineering services only and the added requirement for these invoices are overly burdensome. 5/24/2016

Consistent with the perscription of this clause, the Government believes this clause will be applicable for certain task orders being issued under the MAC IDIQ contract. If this clause is applicable, it will be asserted into the applicable task order and any administrative cost will be negotiated as part of the order negotiations.

In Section B, HQ B‐2‐0013

AYMENT FOR ENGINEERING

SERVICES AND SUPPORT –

ALTERNATE I

NOTE: Separate invoices for engineering services only and the added requirement for these invoices are overly burdensome. 5/24/2016

Consistent with the perscription of this clause, the Government believes this clause will be applicable for certain task orders being issued under the MAC IDIQ contract. If this clause is applicable, it will be asserted into the applicable task order and any administrative cost will be negotiated as part of the order negotiations.

In Section B, HQ‐B‐2‐0003 Determination of Fee (NAVSEA) (APR 2015) paragraph (g) Evaluation Categories and Factors – (2), (3), and (4) – Replace % values with TBD (To be determined in individual Orders). 5/24/2016

The Offeror's concern is covered in the first sentence of clause HQ B‐2‐0003 which states the following in bold: "This Determination of Fee requirement is for SAMPLE purposes only and must be tailored for use. If applicable, to be tailored at the ordering level." The Government will not consider the requested change

HQ B‐2‐0019 TRAVEL COSTS

Paragraph (a) third line remove “including travel to worksites other than the Contractor’s facility”. NOTE:

employees are paid travel time to various sites when providing trade/engineering support services at these sites. 5/24/2016 This clause has been removed. Please see section C CLIN 0004 description

Section C, Item 0004, 1004, 2004, 3004, and 4004 Remove “remote” locations from clause. All travel should be fee bearing regardless of the location. 5/24/2016

The Government's position as discussed during Industry Day is that fee on travel is only proper for travel to remote locations.

Section C, Item 0004, 1004, 2004, 3004, and 4004 paragraph (a) third line remove “including travel to worksites other than the Contractor’s facility”. NOTE:

employees are paid travel time to various sites when providing trade/engineering support services at these sites. 5/24/2016 This clause has been removed. Please see section C CLIN 0004 description

Section C CONUS Antiterrorism Standards Remove Clause ‐ CONUS ANTITERRORISM STANDARDS 5/24/2016 The Government does not agree with removing this clause.

Section C HQ C‐1‐0002

Page 33 of 135 – HQ C‐1‐0002 paragraph (e) remove the last sentence; “However, the Contractor shall be paid for no more than one man day of service per calendar day for each engineer while in travel status. 5/24/2016 This section has been updated.

Section C HQ C‐2‐0013 Contractor Problem Identification Reports

NOTE: E‐mails or notification in accordance with the Notification of changes clause of the contract should be sufficient, eliminating the need to establish another separate process for identifying issues. 5/24/2016 This clause has been removed.

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Note: Question and Answer Tracker will not be incoporated into the resulting contract. All changes that have been agreed to have been incorporated in to the contract document

Section C HQ C‐2‐0043 Protection of the ship during adverse environmental conditions

Remove HQ C‐2‐0043 PROTECTION OF THE SHIP DURING ADVERSE ENVIRONMENTAL CONDITIONS Note:

Protection of the vessel and Heavy weather plan clauses already exist in contract.