Amendment_0005_N00024-16-R-4401_Conformed.pdf

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until 10:00 AM local time 04 Feb 2016

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102 - 114 X H 115 - 119 casey.nau@navy.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

DO-A3 1 119

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N00024 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

CASEY NAU (202) 781-2146

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 21

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

22 - 43 44 - 46

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

47 - 51 52 - 54

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 55 - 61 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 62 - 71 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

72 - 92

PART II - CONTRACT CLAUSES

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2030

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.

N0002415NR93028

5. DATE ISSUED

09 Dec 2015

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N00024-16-R-4401

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

CLIN

Number

UNDEFINED

FFP DOs BASE PERIOD

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR SCHEDULED

AVAILABILITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR.

SEE NOTES INDICATED BELOW IN SECTION B.

FOB: Destination

PURCHASE REQUEST NUMBER: N0002415NR93028

MAX

NET AMT

ITEM

NO SUPPLIES/SERVICES QTY U/I UNIT PRICE AMOUNT

PURCHASE REQUEST NUMBER:

N0002415NR93028

CLIN

COST TYPE DOs BASE PERIOD

ACCOMPLISH COST PLUS FIXED FEE

DELIVERY ORDERS FOR SCHEDULED

AVAILABILITIES AND/OR EMERGENT

MAINTENANCE, MODERNIZATION AND

REPAIR.

SEE NOTES INDICATED BELOW IN

SECTION B.

OPTION

CPFF

Total Estimated Maximum Costs Total Fixed Fee

Total Estimated Maximum Costs Plus Fixed Fee

UNIT UNIT PRICE MAX AMOUNT

CLIN

CDRLS BASE YEAR

AS APPLICABLE, THE CONTRACTOR SHALL MEET THE

REQUIREMENTS OUTLINED IN THE CONTRACT DATA

REQUIREMENTS LISTS (CDRLS) PROVIDED AS EXHIBITS A, B AND C.

THIS IS A NOT SEPARATELY PRICED CLIN.

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION FFP DOs OPT PERIOD 1

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR SCHEDULED

AVAILABILITIES AND/OR EMERGENT MAINTENANCE,

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION COST TYPE DOs OPT PERIOD 1

CPFF

ACCOMPLISH COST PLUS FIXED FEE DELIVERY ORDERS FOR

SCHEDULED AVAILABILITIES AND/OR EMERGENT MAINTENANCE,

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CDRLS OPT PERIOD 1

UNDEFINE

D

OPTION AS APPLICABLE, THE CONTRACTOR SHALL MEET THE REQUIREMENTS

OUTLINED IN THE CONTRACT DATA REQUIREMENTS LISTS (CDRLS)

PROVIDED AS EXHIBITS A, B AND C.

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION FFP DOs OPT PERIOD 2

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR SCHEDULED

AVAILABILITIES AND/OR EMERGENT MAINTENANCE,

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION COST TYPE DOs OPT PERIOD 2

CPFF

ACCOMPLISH COST PLUS FIXED FEE DELIVERY ORDERS FOR

SCHEDULED AVAILABILITIES AND/OR EMERGENT MAINTENANCE,

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CDRLS OPT PERIOD 2

UNDEFINE

D

OPTION AS APPLICABLE, THE CONTRACTOR SHALL MEET THE REQUIREMENTS

OUTLINED IN THE CONTRACT DATA REQUIREMENTS LISTS (CDRLS)

PROVIDED AS EXHIBITS A, B AND C.

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION FFP DOs OPT PERIOD 3

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR SCHEDULED

AVAILABILITIES AND/OR EMERGENT MAINTENANCE,

COST TYPE DOs OPT PERIOD 3

DELIVERY ORDERS FOR SCHEDULED

AVAILABILITIES AND/OR EMERGENT

MAINTENANCE, MODERNIZATION AND

REPAIR.

SEE NOTES INDICATED BELOW IN

FOB: Distination

ITEM NO SUPPLIES/SERVICES QTY U/I UNIT PRICE AMOUNT

CDRLS OPT PERIOD 3

AS APPLICABLE, THE CONTRACTOR

SHALL MEET THE REQUIREMENTS

OUTLINED IN THE CONTRACT DATA

REQUIREMENTS LISTS (CDRLS)

PROVIDED AS EXHIBITS A, B AND C.

SEE NOTES INDICATED BELOW IN

SECTION B.

THIS IS A NOT SEPARATELY PRICED

CLIN.

UNDEFI

NED

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION FFP DOs OPT PERIOD 4

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR SCHEDULED

AVAILABILITIES AND/OR EMERGENT MAINTENANCE,

COST TYPE DOs OPT PERIOD 4

DELIVERY ORDERS FOR SCHEDULED

AVAILABILITIES AND/OR EMERGENT

MAINTENANCE, MODERNIZATION AND

REPAIR.

SEE NOTES INDICATED BELOW IN

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION CDRLS OPT PERIOD 4

AS APPLICABLE, THE CONTRACTOR SHALL MEET THE

REQUIREMENTS OUTLINED IN THE CONTRACT DATA

REQUIREMENTS LISTS (CDRLS) PROVIDED AS EXHIBITS A, B AND C.

CLAUSES INCORPORATED BY FULL TEXT

HQ B-2-0010 NOTE (OPTION)

NOTE A: CLINs 0002, and 0004 through 0015 are option items to which the option clause 52.217-7 in SECTION I applies and which are to be supplied only if and to the extent said option is exercised.

NOTE B

FIXED SHIP REPAIR LABOR AND MATERIAL BURDEN RATES (CEILING RATES)

1. The Contractor’s fully burdened ship repair labor rate will be used for negotiating Firm Fixed Price (FFP) delivery orders, growth work, and new work to be performed under this IDIQ-MAC for each delivery order. The fully burdened ship repair labor rate shall be the ceiling rate of the contract. The contractor agrees that the number of man hours included in its price proposal for delivery order modifications shall include only direct production man hours. For these purposes, direct production man-hours are for skilled labor at the journeyman level expended in direct production including but not limited to the following functions:

Abrasive cleaning/blasting Fire Watch

Welding Machinists (inside and outside) Burning Brazing Carpentry Electrical Work Electronic Work Engineering Design Support Lagging Ship-fitting Boiler-making Painting Sheet-metal Work Pipefitting Rigging General Labor Staging/Scaffolding Diesel Mechanics

2. The fully burdened ship repair labor rate proposed by the contractor shall include those support functions (whether charged directly or indirectly by the offeror’s accounting systems) which are herein defined as support for production functions. Support functions shall be considered to be included in the offeror’s fully burdened ship repair labor rate for direct production man hours. Labor hours for the below support functions shall not be separately proposed. Examples of support functions include but are not limited to:

Testing Quality Assurance Execution Planning Cleaning (except tank cleaning) Supervision Security Surveying Administration Transportation Purchasing Staff Lofting Other indirect support Material handling & Warehousing Safety/Environmental

3. The fully burdened ship repair labor rate is a fixed hourly rate that includes all wages (e.g.straight time, overtime, shift differential, holiday time, standby time, etc.)overhead, general, and administartive expenses, Facilities Capital Cost of Money (FCCOM) and profit. The fully burdened ship repair labor rate represents the ceiling for the blended rate to be performed by the offeror, including labor transferred between divisions, subsidiaries, or affiliates of the offeror under a common control.

4. Consumable materials are goods used in the ordinary course of work performance such as office supplies, paper, rags, vehicle or equipment fuel costs, cleaning chemicals, disposable tools, welding rods, paint buckets, paint brushes, protective clothing, etc. that are consumed/used in the process of repair and do not become an integral part of the repaired vessel. Consumable material shall be included in the contractor’s ship repair labor rate and not separately priced.

5. Physical materials are goods that become an integral part of the repaired vessel in the course of the repair, such as equipment, replacement steel, pipes, paint, and fasteners. The material mark-up rates apply to physical materials but not to consumable materials. The mark-up will be applied to the actual cost of the physical material. Actual cost does not include handling charges, general and administrative cost, overhead, profit, or any other indirect cost.

6. For changes to FFP delivery orders involving subcontractors, subcontractor quotes will be treated as Other Direct Costs (ODCs) and will be subject to the delivery order specific material markup rate. Subcontractor quotes must be competitively acquired and submitted with the Change Order Price Analysis (COPA) submitted by the contractor in response to a Request for Contract Change (RCC) issued by the Contracting Officer (see Section C-3.4 Paragraph 2). At no time will the proposed total to be performed by the prime contractor combined with subcontractor quote, material quote, and applicable markup be allowed to cost more than it would had the prime contractor directly provided all material and labor. This does not apply to the procurement of work performed by Original Equipment Manufacturers (OEMs) and Government directed subcontractors.

7. Fully Burdened Ship Repair Labor and Material Rate Schedule, (transcribed from J-2, Labor and Material Burden Price Rates Sheet):

Base Period Fully Burdened Ship Repair Labor Rate Material Burden Rate

Option Period 1

Option Period 2

Option Period 3

Option Period 4

8. The Contracting Officer may negotiate the fully burdened ship repair labor rate and material burden rate (not to exceed the contract ceiling rate) with the offeror(s) in accordance with FAR 15.4 at the delivery order level.

NOTE C

The following clauses are applicable to the cost type CLINs, if exercised, including CLINs 0002, 0005, 0008, 0011, and 0014:

HQ B-2-0007 Limitation of Cost/Limitation of Funds (NAVSEA)(SEP 1990) HQ B-2-0008 Limitations on Indirect Cost Rates HQ B-2-0014 Payments of Fee(s) (Completion)(NAVSEA MAY 1993) HQ B-2-0019 Travel Costs HQ B-2-0023 Contract Type Summary for Payment Office (Cost/Fixed Price) HQ C-2-0031 Information and Data Furnished by the Government (Cost Type) – Alternate I HQ G-2-0009 Supplemental Instructions Regarding Electronic Invoicing (NAVSEA)(SEP 2012)

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data –

Modifications

AUG 2011

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-13 Subcontractor Certified Cost or Pricing Data – Modifications OCT 2010 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data – Modifications

OCT 2010

52.216-7 Allowable Cost And Payment JUN 2013 52.228-7 Insurance – Liability to Third Persons MAR 1996 52.230-1 Cost Accounting Standards Notices And Certification MAY 2012 52.230-2 Cost Accounting Standards MAY 2014 52.230-3 Disclosure And Consistency Of Cost Accounting Practices MAY 2014 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.230-7 Proposal Disclosure – Cost Accounting Practice Change APR 2005 52.232-20 Limitation Of Cost APR 1984 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-4 Certification of Final Indirect Costs JAN 1997 52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-6 Termination (Cost Reimbursement) MAY 2004

252.215-7002 Cost Estimating System Requirements DEC 2012 252.231-7000 Supplemental Cost Principles DEC 1991

5252.202-9101 Additional Definition (MAY 1993) 5252.216-9112 Orders (Cost-Plus-Fixed-Fee) 5252.245-9106 Facilities To Be Government-Furnished (Cost-Reimbursement)(SEP 2009)

NOTE D

Since there are firm fixed price CLINs included in this solicitation, a DCAA approved accounting system is not required to be eligible for award of a prime contract. However, successful awardees would not be eligible to receive a cost type or flexibly priced delivery order until a preaward survey of the offerors accounting system design complies in all material respects with the criteria contained in the Pre-award Survey, SF1408. The Procuring Contracting Officer (PCO) will initiate requests for accounting system reviews for any successful offeror that does not currently have an approved system after awards have been made from this solicitation. Documentation will be provided to the successful awardees that will need to be completed and returned to the PCO before the audit request can be initiated. Financial capability reviews are now being conducted by DCMA instead of DCAA.

Documentation for this review will need to be provided to DCMA upon request by the PCO after contract award.

Financial capability reviews will be done for the Cost type CLINs/Delivery Orders if it is determined that a Cost type CLIN needs to be exercised.

HQ B-2-0004 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.

HQ B-2-0007 LIMITATION OF COST/LIMITATION OF FUNDS (NAVSEA) (SEP 1990)

The clause entitled "LIMITATION OF COST" (FAR 52.232-20) or "LIMITATION OF FUNDS" (FAR 52.232-22), as appropriate, shall apply separately and independently to each separately identified estimated cost.

HQ B-2-0014 PAYMENTS OF FEE (S) (COMPLETION) (NAVSEA) (MAY 1993)

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

(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled "FIXED FEE" (FAR 52.216-8) or "INCENTIVE FEE", (FAR 52.216-10), as applicable. Such payments shall be equal to * percent ( * %) of the allowable cost of each invoice submitted by and payable to the Contractor pursuant to the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), subject to the withholding terms and conditions of the "FIXED FEE" or "INCENTIVE FEE" clause, as applicable (percentage of fee is based on fee dollars divided by estimated cost dollars, including facilities capital cost of money). Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract.

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

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

* Information to be determined in each Delivery Order, as applicable

HQ B-2-0016 PROVISIONING TECHNICAL DOCUMENTATION – WITHHOLDING OF PAYMENT

(NAVSEA) (SEP 1990)

(a) For the purpose of paragraph (c) of the "PROGRESS PAYMENTS" clause of this contract, if included, the requirement that the Contractor develop and deliver Provisioning Technical Documentation (PTD) is considered to be a "material requirement of this contract," and Contractor failure to make adequate progress in the development of PTD, or to deliver acceptable PTD on a timely basis, may result in reduction or suspension of Progress Payments as provided in said paragraph.

(b) The PTD is considered to be a part of the "Technical Data" specified to be delivered under this contract for the purposes of the "TECHNICAL DATA--WITHHOLDING OF PAYMENT" (DFARS 252.227-7030) clause. The terms and conditions of the clause entitled "LIMITATION ON WITHHOLDING OF PAYMENTS (FAR 52.232-9), if included in this contract, shall not apply to withholding of payment for failure to make timely delivery of the PTD or delivery of deficient PTD.

HQ B-2-0017 REFUNDS (SPARES AND SUPPORT EQUIPMENT) (NAVSEA) (SEP 1990)

(a) In the event that the price of a spare part or item of support equipment delivered under this contract significantly exceeds its intrinsic value, the Contractor agrees to refund the difference. Refunds will only be made for the difference between the intrinsic value of the item at the time an agreement on price was reached and the contract price. Refunds will not be made to recoup the amount of cost decreases that occur over time due to productivity gains (beyond economic purchase quantity considerations) or changes in market conditions.

(b) For purposes of this requirement, the intrinsic value of an item is defined as follows:

(1) If the item is one which is sold or is substantially similar or functionally equivalent to one that is sold in substantial quantities to the general public, intrinsic value is the established catalog or market price, plus the value of any unique requirements, including delivery terms, inspection, packaging, or labeling.

(2) If there is no comparable item sold in substantial quantities to the general public, intrinsic value is defined as the price an individual would expect to pay for the item based upon an economic purchase quantity as defined in FAR 52.207-4, plus the value of any unique requirements, including delivery terms, inspection, packaging or labeling.

(c) At any time up to two years after delivery of a spare part or item of support equipment, the Contracting Officer may notify the Contractor that based on all information available at the time of the notice, the price of the part or item apparently exceeds its intrinsic value.

(d) If notified in accordance with paragraph (c) above, the Contractor agrees to enter into good faith negotiations with the Government to determine if, and in what amount, the Government is entitled to a refund.

(e) If agreement pursuant to paragraph (d) above cannot be reached, and the Navy's return of the new or unused item to the Contractor is practical, the Navy, subject to the Contractor's agreement, may elect to return the item to the Contractor. Upon return of the item to its original point of Government acceptance, the Contractor shall refund in full the price paid. If no agreement pursuant to paragraph (d) above is reached, and return of the item by the Navy is impractical, the Contracting Officer may, with the approval of the Head of the Contracting Activity, issue a Contracting Officer's final decision on the matter, subject to Contractor appeal as provided in the "DISPUTES" clause (FAR 52.233-1).

(f) The Contractor will make refunds, as required under this requirement, in accordance with instructions from the Contracting Officer.

(g) The Contractor shall not be liable for a refund if the Contractor advised the Contracting Officer in a timely manner that the price it would propose for a spare part or item of support equipment exceeded its intrinsic value, and with such advice, specified the estimated proposed price, the estimated intrinsic value and known alternative sources or item, if any, that can meet the requirement.

(h) This requirement does not apply to any spare parts or items of support equipment whose price is determined through adequate price competition. This requirement also does not apply to any spare part or item of support equipment with a unit price in excess of $100,000; or in excess of $25,000 if the Contractor submitted, and certified the currency, accuracy and completeness of, cost or pricing data applicable to the item.

HQ B-2-0019 TRAVEL COSTS (NAVSEA) (MAY 1993)

(a) The Contractor shall not charge, and the Government shall not pay, as an allowable cost under this contract, any manhour costs (whether straight-time or overtime) for Contractor personnel or subcontractor personnel traveling to or from worksites, including travel to worksites other than the Contractor's facility for performance of contract work.

(b) Workers being paid under this contract, as prime contractor personnel or subcontractor personnel, will complete a full shift at the worksite, and no compensation will be paid for travel time before or after the shift.

(c) This requirement pertains only to payments for travel time before or after these workers' regular shifts, and does not apply to legitimate travel costs incurred during normal working hours, provided that those costs are otherwise reasonable, allocable and allowable. This requirement does not apply to manufacturer's representatives or Original Equipment Manufacturer (OEM) representatives when specifically required by the Government work specifications.

(d) Additionally, the Contractor shall not charge, and the Government shall not pay, any transportation costs under this contract associated with transporting Contractor or subcontractor personnel between the Contractor's facility (or subcontractor's facility), and any other worksite to perform Phased Maintenance Availabilities (PMAs)/Drydocking Phased Maintenance Availabilities (DPMAs). Transportation costs include, but are not limited to, bus fare, car fare, train fare, or boat fare, paid by the work force, or paid by the Contractor on behalf of the work force.

HQ B-2-0023 CONTRACT SUMMARY FOR PAYMENT OFFICE (COST/FIXED PRICE) (FEB 1997)

This contract includes the following mixture of cost reimbursement and fixed price line items:

Item Type

0001 FIXED PRICE

0002 COST

0003 DATA (NSP)

0004 FIXED PRICE

0005 COST

0006 DATA (NSP)

0007 FIXED PRICE

0008 COST

0009 DATA (NSP)

0010 FIXED PRICE

0011 COST

0012 DATA (NSP)

0013 FIXED PRICE

0014 COST

0015 DATA (NSP)

*CLINs 0002, 0005, 0008, 0011, and 0014 will be priced at each Delivery Order.

**CLINs 0003, 0006, 0009, 0012, and 0015 are Data Items and are Not Separately Priced (NSP)

Section C - Descriptions and Specifications

DESCRIPTIONS & SPECIFICATIONS

STATEMENT OF WORK

1.0 PURPOSE

The U.S. Navy must maintain and modernize its ships to meet current and future operational requirements. To that end, the Government intends to utilize this supply contract for the repair, maintenance and modernization requirements of non-nuclear US Navy surface ships homeported and visiting the San Diego, CA homeport.

Accordingly, the place of performance is the San Diego, CA port where the Southwest Regional Maintenance Center (SWRMC) will administer the contract.

Unless specified otherwise in a delivery order (DO) request for proposal (RFP), all work will be performed at the Indefinite Delivery Indefinite Quantity Multiple Award Contract holder’s facility.

1.1 DESCRIPTION

This Indefinite Delivery Indefinite Quantity Multiple Award Contract (IDIQ- MAC) vehicle for Surface Combatant (CG and DDG) / Amphibious (LPD, LSD, LHA, and LHD) class ships (as specified at contract award) shall encompass complex emergent, scheduled, continuous maintenance, modernization, and repair requirements in the following primary categories:

Docking & Non-Docking Chief of Naval Operations (CNO) scheduled availabilities.

Continuous Maintenance (CM) and Emergent Maintenance (EM) ship availabilities that include work on shipboard critical systems, which are described in greater detail in paragraph 1.5 of this statement of work

(SOW).

Although not anticipated to account for a substantial portion of the IDIQ-MAC, non-complex requirements may also be procured when doing so is in the best interest of the Government.

1.2 GENERAL SCOPE OF SHIP REPAIR AND OVERHAUL

The Contractor, under the direction of the Southwest Regional Maintenance Center (SWRMC) but as an independent Contractor and not as an agent of the Government, shall furnish the material, support (electrical, crane, rigging, etc.) and facilities necessary for the accomplishment of the work identified in each DO. Typical ship repair efforts include management, planning, engineering, quality control, shipboard/off ship production (including welding; marine pipefitting; ship fitting; blasting; painting; sheet metal forming; shaping; cutting and stamping;

electrical/electronic repairs and modernization; electrical/electronic alteration; pump/motor and ship’s mechanical systems repair; tank cleaning; rigging; and temporary scaffolding removal/installation) and component/system testing and trials.

The successful IDIQ-MAC holder will be responsible for all work required under a DO; regardless of whether specific work items are performed with in-house resources or are subcontracted. The Prime Contractor(s) are responsible for all contracted and sub-contracted labor, management, supervision, coordination, quality control, quality assurance, quality management, safety management, environmental management, material, equipment, and transportation necessary to perform the requirements of each ship maintenance, modernization and repair DOs. The Prime Contractor(s) shall ensure adequate resources are dedicated to comply with the standards, guidelines and procedures as stated to satisfy the requirements of DOs.

In performing this contract, as tasked in individual DOs, the Prime Contractor(s) shall:

Provide all required facilities and supporting services and equipment (except those furnished by the Government under express provisions of this contract or DO) in the San Diego, CA homeport.

Provide an established management organization geared toward ship repair at all levels of size, value and complexity, with clear lines of authority, delegation of responsibility and mid-level managerial positions, capable of managing production, quality assurance, material procurement/control and subcontractor control and developing and integrating planning, estimating and scheduling functions.

Complete, control, integrate, schedule, and progress a diverse set of ship repair capabilities.

Provide engineering and design support to diagnose and evaluate technical problems and issues and to make competent technical recommendations.

Procure and control material. This includes purchasing, monitoring, receiving, inspecting, segregating, issuing, determining nonconformance, and disposing of material. This also includes providing an inventory system for both Government Furnished Material and Contractor Furnished Material, including ordering, tagging and warehousing of material. All materials selected for installation must meet the specified standard military performance specifications, Federal performance standards, and may require to be listed on a Qualified Products List (QPL) for shipboard installations to ensure meeting the designated/engineered requirements for boundary locations, fire insulating/fire retardant properties, durability requirements, and for the reduction of toxic compounds produced/released should the material be ignited or installed in a confined space.

Provide a quality control organization meeting ISO 9000 series standards.

Perform Non-Destructive Testing.

Provide Qualified Welding.

Manage subcontractors, including selecting, scheduling, managing, monitoring and controlling of subcontractors.

Manage all Safety/Security, including performing safety training, provide required first aid/medical services, performing fire protection/procedures, and providing physical yard security.

Control Hazardous Material/Waste. Satisfy all legal requirements for removal, storage and disposal of hazardous waste. This includes providing segregated storage of Hazardous Material, obtaining all required State/Federal agency issued hazardous waste generator numbers and disposal documentation.

NAVSEA SI 009-106; The Work Authorization Form Coordinator (WAFCOR) shall be responsible for the work authorization control process for all Repair Activity (RA) work being performed during the contract performance period. The WAFCOR shall receive, process, compare, and coordinate all Work Authorization Forms (WAFs) and Technical Work Documents (TWDs) submitted by RAs in accordance with the requirements of Volume IV, Chapter 10, of the Joint Fleet Maintenance Manual.

1.3 DELIVERY ORDER REQUIREMENTS

DOs may provide more detailed requirements than those provided in the basic contract award. If a DO does not provide a specific requirement, the terms and conditions of the basic contract shall apply. Each DO RFP will include technical documents such as work specifications, standards, drawings, publications or other documents and statements of work to allow IDIQ-MAC holders to prepare proposals.

Whenever specifications, standards, drawings, publications or other documents are cited without issue number, revision, date or amendment number identified, the revision, date or amendment in effect as of the date of the DO shall apply. Wherever specific issue number, revision, date or amendment number for specifications, standards and publications are specified, the issue specified shall apply.

In the execution of this contract, specific references for individual items and associated referenced technical documentation shall be identified in each DO. These references may include, but are not limited to, the following documents:

1. General Specifications for Overhaul of Surface Ships (GSO)

2. General Specifications for Overhaul with the AEGIS Addendum (GSO SUPPL)

3. Military Standards and Military Performance Specifications

4. Technical Manuals

5. Naval Operations (OPNAV) Instructions

6. Commercial and Industry Standards

7. Government Standards, Technical Drawings and Documentation

8. Joint Fleet Maintenance Manual (JFMM)

The Contractor shall comply with all NAVSEA STANDARD ITEMS to be specified in each DO as follows:

All Category I Standard Items shall be invoked in every DO at a minimum without further reference.

Category II Standard Items shall be referenced in each applicable Work Item and/or Statement of Work.

The Contractor shall comply with all local requirements in addition to State and Federal Environmental, Safety, and Health (ESH) regulations.

When necessary, Contract Data Requirement List (CDRL) requirements will be specific to each DO issued under this contract. These CDRLs will be identified by the Government as a part of the DO solicitation and shall be a requirement of that particular DO.

1.4 UNSCHEDULED MAINTENANCE:

An essential portion of the IDIQ-MAC scope is the work outside of CNO scheduled availabilities such as scheduled and unscheduled Emergent Maintenance (EM) and Continuous Maintenance (CM) Availabilities. These availabilities may require the completion of urgent work that has the potential to become ship disabling on critical and non-critical systems. In addition to DO performance evaluations related to quality and timeliness, IDIQ-MAC holders will be evaluated in CPARS based on their ability to meet the following minimum requirements throughout the IDIQ-MAC’s potential five-year period of performance. If IDIQ-MAC holders are unable to meet any of these requirements, they must notify the contracting officer within four (4) hours of the initial urgent ship repair notification. The Government will assess the validity of an IDIQ-MAC holder’s inability to meet these requirements as well as the frequency of such requests/notifications.

1.4.1 Ship Checks: IDIQ-MAC holders shall conduct ship checks within four (4) hours of notification for work discovered during execution for a CM/EM when the ship is in port.

1.4.2 Proposals: Within twelve (12) hours of ship check, MAC holders shall provide the Government a proposal.

At a minimum, the proposal shall be of a Class F estimate standard and shall be supplemented with a brief explanation of proposed cost/price.

1.4.3 Assessment & Preparation: In the event the ship is not in port, but returning to the port, IDIQ-MAC holders shall have the capabilities to identify potential faults and failure causes prior to the ship’s arrival, conduct timely assessment of required Repairs, identification and implementation of technically correct repair plans, accelerated procurement of necessary parts and material, and execution of timely repairs, including the ability to support around-the-clock repair effort.

1.4.4 Commence shipboard work within twenty four (24) hours of discovery and original notification to the contractor.

1.5 CRITICAL SYSTEMS

Although not all inclusive, the following is a list of the most common critical systems.

All Ship Class Critical Systems:

Main Reduction Gear (MRG) Main Reduction Gear (MRG) Lube Oil System MRG Coupling / Clutches Shafting and Bearing Systems Steering Systems

LSD 41/49 & LPD 17 Class Critical Systems:

Main Propulsion Diesel Engine (MPDE) MPDE Lube Oil System MPDE Fuel Oil System Ship Service Diesel Generator (SSDG) SSDG Lube Oil System & Pedestal Bearings SSDG Fuel Oil Systems

LPD17 Class Titanium Piping Systems Shipboard Central Hydraulics Systems

DDG-51/CG-47/LHD-8/LHA-6 Class Critical Systems:

Gas Turbine Module (GTM) Lube Oil System GTM Fuel Oil System Gas Turbine Generator (GTG) Fuel Oil System SSDG Engine (LHD-8/LHA-6 only) SSDG Lube Oil Systems (LHD-8/LHA-6 only) SSDG Fuel Oil Systems(LHD-8/LHA-6 only)

LHD-1-7 Class Critical Systems:

Main Boiler HP/LP Turbines Turbine Lube Oil System SSTG / EDG Engines Main Steam System (LVL1 material control)

2.0 BASIC CONTRACT DELIVERABLES & REQUIREMENTS

Contractors receiving IDIQ-MAC awards shall submit the following to the RMC Code 400 administrative contracting officer (ACO) within 30 days of award; with revisions submitted as directed by the RMC ACO or contract data requirement list (CDRL) requirements.

2.1 QUALITY ASSURANCE MANAGEMENT SYSTEM (in accordance with NAVSEA Standard Item 009-04)

2.2 SAFETY PLAN (in accordance with NAVSEA Standard Item 009-74)

2.3 HEAVY WEATHER PLAN (in accordance with NAVSEA Standard Item 009-69)

2.4 SECURITY PLAN (in accordance with NAVSEA Standard Item 009-72)

2.5 FIRE PREVENTION PLAN (in accordance with NAVSEA Standard Item 009-07)

2.6 24-HOUR POINT OF CONTACT

Within five (5) days of contract award, confirm the person responsible to respond to Government calls within two

(2) hours, 365 days of the year for emergencies. If a MAC holder’s 24-hour point of contact changes at any time during contract performance, the RMC Code 400 ACO shall be notified, in writing, within 24 hours of the personnel change with a copy to Code 300 Project Manager.

2.7 Contractors receiving the IDIQ-MAC award(s) shall be required to submit documentation to the RMC Code 400 ACO, with copy to RMC Code 300 and 200, describing the capabilities of the piers and dry-docks for which they have ownership or committed access to (via a teaming or resource sharing agreement) in the San Diego, CA homeport within five (5) days of the IDIQ-MAC award. The documentation shall list the ship classes the contractor has determined their piers and dry-docks can accommodate. This information shall, at minimum, include the following:

Pier Facilities Min depth at Mean Low Water (MLW) Electric Power AMPS & Volts capacity Saltwater Gallons /Minute & pounds per square inch gauge capacity Potable Water Gallons /Minute & pounds per square inch gauge capacity Shore Steam pounds per square inch gauge and cubic feet / minute minimum flow capacity Compressed Air pounds per square inch gauge and cubic feet / minute minimum flow capacity

Number of Telephone Lines connected to municipal telephone system Gallons /Day effluent & Gallons /Day waste water, accommodation and disposal capacity Access to T-1 Non-secure Internet Protocol Router Network (NIPRNET) and Secure Internet Protocol Router Network (SIPRNET) service Any Special Accommodations necessary to berth a specific class

Dry Dock Facilities The classes covered by each dry docks MIL-STD-1625D(SH) dated 27 August 2009 certification (or latest revision) Any Special Accommodations necessary to dry-dock a specific class

3.0 DELIVERY ORDER MODIFICATIONS

Unless a DO specifies otherwise, the following processes shall be strictly followed. Adherence to the process will be assessed and documented, as applicable, in an offeror’s past performance evaluations (e.g. CPARS, and future DO proposals).

3.1 IDENTIFICATION OF CONDITION FOUND

In accordance with the requirements of NAVSEA Standard Item 009-01, the contractor shall identify needed repairs and recommend corrective action during DO performance for work/deficiencies discovered which are not covered by the existing work package. For conditions to impact the critical path(s) /controlling item(s), the contractor shall notify the government via electronic media within 24-hours of discovery. This initial notification need not include all content required for a Condition Found Report (CFR), but must include a description of the condition/deficiency and an estimated timeframe for the offeror’s professional recommendation for resolution, which shall not exceed five (5) days as specified below. Recommended repairs and corrective actions shall be submitted to the Government in the form of a CFR (intended to represent the “Work Request” described in DFARS 252.217-7028) per CDRL A002.

3.2 NOTIFICATION TO GOVERNMENT

CFRs shall be submitted through the Navy Maintenance Database Re-platform (NMDR) within five (5) working days of discovery of the condition. At a minimum, the CFR will include the following:

(1) Identify contract, DO, ship, and hull number

(2) Serialized by CFR number

(3) Identification of the applicable Work Item number

(4) Date requirement was discovered

(5) Description of the work requirement

(6) Specific location of the work

(7) Recommendation for corrective action

(8) Recommendation for the appropriate/best time to accomplish the work (i.e. during current availability with or without schedule change, future CNO or Continuous Maintenance Availability). Provide supporting rationale for the recommendation, such as cost efficiencies, availability of work force, availability of material, premium expenditures, etc.

(9) Identification of related changes, if any, to the internal milestones and production and contract completion dates.

3.3 GOVERNMENT REVIEW AND RESPONSE TO CFR

The Maintenance Team shall review the CFR. If the CFR is inadequate or incomplete, it will be rejected with time continuing to accrue (relative to 5-day requirement). As appropriate, the Government and contractor will need to meet, conduct ship checks and/or discuss the recommendation for corrective action further to determine the full scope of work required prior to final approval of the CFR. The contractor's accuracy reflected in the CFRs submitted may be evaluated in CPARS and utilized for past performance ratings on future DOs.

3.4 REQUEST FOR CONTRACT CHANGE

When the requirement is validated and fully scoped, the Government will generate a Request for Contract Change (RCC) and the ACO will request a proposal from the contractor.

The contractor shall provide all Change Order Price Analysis (COPA) proposals to the contracting officer in response to RCCs within three (3) business days. A COPA addressing a change to a FFP delivery order shall include at a minimum:

a. Labor hours to be performed by the Prime Contractor __________

b. Subcontractor Quote* (If applicable) $__________

c. Material Quote* (If applicable) $__________

d. Mark-up (If applicable) $__________ *Documentation must accompany the COPA for the COPA to be considered submitted to the ACO.

If circumstances arise where the contractor is unable to submit a COPA within three (3) business days, the contractor shall notify the Government in writing of the specific circumstances and provide a date in which a COPA proposal will be submitted. Notification of late submission of a COPA proposal does not exempt the contractor from meeting the three (3) business day requirement, but will be considered by the Government when conducting a CPARS evaluation. The contractor’s timeliness in submitting COPAs in response to RCCs may be evaluated in CPARS and utilized for past performance ratings on future DOs.

3.5 MODIFICATION NEGOTIATION

Once the Government receives the contractor’s proposal, it will evaluate and negotiate it in accordance with applicable Agency regulations and policies. If necessary, the Government may issue unilateral modifications to accomplish required work using the pre-priced labor and material rates as specified in individual DOs.

4.0 SECURITY REQUIREMENTS

Contractor personnel shall comply with all current badging and security procedures required to gain access to any Government site (e.g. Rapid Gate). Access to Naval Installations sites may only be gained by obtaining a badge (either permanent or temporary) from the security office. It is the contractor’s responsibility to check for and obtain changes and updated information at each installation on a continual basis. Further information can be found at:

https://www.cnic.navy.mil/regions/cnrma/om/contractor_verification_system.html and at SWRMC website:

http://www.navsea.navy.mil/SWRMC/default.aspx

5.0 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

Except as specified in the paragraph below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.

The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer 's. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price and/or schedule to cover any increase in charges incurred as a result thereof.

If the contractor believes it has been directed to perform work outside the scope of the contract, it must notify the Contracting Officer immediately.

6.0 GOVERNMENT INFORMATION TECHNOLOGY SITES

The successful offeror will be required to have access to and use Navy Maintenance Database Re-platform (NMDR), Naval Ships Engineering Drawing Repository (NSEDR), Electronic Departures from Specifications (EDFS), and other logistic support required throughout the administration of this contract per the CDRLs and standard items invoked at the time of delivery order issuance.

7.0 COORDINATION PROCESS

The Contractor shall assign one lead individual, with the authority to obligate the contractor, to be responsible for communications with the Government for overall contract administration. This individual must be available 24 hours / day and respond to Government inquiries within two (2) hours.

The Contractor shall assign one lead individual for each DO who shall coordinate all aspects of the job with the designated Government representative and vice versa. The Contractor’s designated representative will keep the Government's representative apprised of schedule, technical, material and financial issues pertaining to the order.

The designated “lead individual” for the IDIQ-MAC and individual DOs may be the same employee as long as all contract and DO-level requirements are met.

All communication with other Government organizations, Commands and Departments shall be via the Contracting Officer unless otherwise authorized. The Contractor’s employees shall not visit vessels or military activity associated with a DO without prior approval from the Contracting Officer or Project Manager. All visits shall be coordinated by the Government Maintenance Team.

8.0 DELAY/DISRUPTION

The Contractor shall coordinate the DO work effort with the Maintenance Team, on a daily basis to prevent changing situations from causing delays and disruptions. Disruption due to minor delays in obtaining access to spaces and operation of equipment are to be expected. A minor delay is defined as eight (8) hours or less in duration. Minor delays and/or disruptions are considered normal rather than unusual occurrences during the performance of requirements ordered under this contract.

If, during DO performance, delays greater than a minor delay indicated above are encountered, the Contractor shall immediately (verbally) notify the Contracting Officer, followed by a written statement within 24 hours after occurrence of delay, stating time of impact, reason for delay, duration of impact, number of people affected, action taken to properly schedule the work, and action taken to minimize impact.

9.0 MULTI DAY TECHNICAL MEETINGS / REVIEW MEETINGS

Contractor and Government representatives shall meet in San Diego, CA quarterly, or as required by the Government (with two (2) working days advance notice), for the duration of the contract to review the Contractor’s performance on either individual or on a collection of DOs and/or to share feedback and/or lessons learned.

In addition to those meetings required by the NAVSEA Standard Items, Contractor personnel shall be available for informational meetings with the Project Manager to discuss the direction, progress, results, and/or issues that occur during the performance of each DO placed under this contract.

The Contractor shall include attendance of meetings as part of their fully burdened ship repair labor rates.

10.0 GOVERNMENT FURNISHED MATERIAL (GFM)

Government Furnished Material (GFM) cited in the DO RFPs will be delivered or made available to be picked up as identified in each DO, unless other location(s) is/are specified in the contract. The successful offeror is to contact the Property Administrator to coordinate obtaining GFM.

Government property permanently removed from a vessel that requires a Property Administrator's disposition instructions shall be properly prepared for shipment and be delivered as directed by the Property Administrator.

GFM will be listed in paragraph 5 of the Work Item(s).

11.0 USE/POSSESSION OF PORTABLE ELECTRONIC DEVICES (PEDs)

The possession and use of portable electronic devices (PEDs) within the confines of any naval vessel, or in the contractor's facility where equipment removed from the vessel…