N00024-17-R-4310-0001_Conformed_Copy.pdf

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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 89

(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 6 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

See Section L conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

MICHAELLA J. EASLEY 202-781-3421

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 19

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

20 - 26

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

29 - 30

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 31 - 34 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 35 - 38 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

39 - 56

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.

N0002415NR00715

5. DATE ISSUED

22 Feb 2017

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N00024-17-R-4310

Section B - Supplies or Services and Prices

NOTE A

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

NOTE B

Base Fee is not applicable to any Cost-Plus-Award-Fee Line Items or Option Items in the resulting Delivery Orders For Zones A, B or C. Any Fee earned shall be Award Fee granted in accordance with the Section B clause entitled “Determination Of Fee”. Award Fee Pool will be established at time of order and may only be adjusted at the discretion of the Contracting Officer. Direct travel costs are fee exempt under this contract with the exception of arduous travel as determined, at the ordering level, by the SEA 00C Program Manager.

NOTE C

Fee shall be no greater than ten percent (10.0%) for Operational work and shall be no greater than five percent (5.0%) for Non-operational work.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

CLIN

Number

1 Lot

East Coast Salvage Zone A

CPAF

Base Year - Salvage, Salvage Related Towing, Harbor Clearance, Ocean Engineering and Point-to-Point Towing Services in Zone A (East Coast) - See Notes B and C FOB: Destination

PURCHASE REQUEST NUMBER: N0002415NR00715

ESTIMATED COST

MAX AWARD FEE

TOTAL EST COST + FEE

UNIT UNIT PRICE MAX AMOUNT

CLIN

Data

CPAF

Data for Item 0001 and (if Option(s) are exercised) Items 0003-0006, (See DD Form 1423, Contract Data Requirements Lists (CDRLs) attached hereto) - NSP.

Price included in Items 0001, and (if Option(s) are exercised) Items 0003-0006, as set forth in individual Delivery Orders

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION East Coast Salvage Zone A

CPAF

Option I - Salvage, Salvage Related Towing, Harbor Clearance, Ocean Engineering and Point-to-Point Towing Services in Zone A (East Coast) - See Notes A, B, and C

UNIT UNIT PRICE MAX AMOUNT

CLIN

CPAF

Option II - Salvage, Salvage Related Towing, Harbor Clearance, Ocean Engineering and Point-to-Point Towing Services in Zone A (East Coast) - See Notes A, B, and C

UNIT UNIT PRICE MAX AMOUNT

CLIN

CPAF

Option III - Salvage, Salvage Related Towing, Harbor Clearance, Ocean Engineering and Point-to-Point Towing Services in Zone A (East Coast) - See Notes A, B, and C

UNIT UNIT PRICE MAX AMOUNT

CLIN

CPAF

Option IV - Salvage, Salvage Related Towing, Harbor Clearance, Ocean Engineering and Point-to-Point Towing Services in Zone A (East Coast) - See Notes A, B, and C

UNIT UNIT PRICE MAX AMOUNT

CLIN

West Coast Salvage Zone B

CPAF

Base Year - Salvage, Salvage Related Towing, Harbor Clearance, Ocean Engineering and Point-to-Point Towing Services in Zone B (West Coast) - See Notes B and C

UNIT UNIT PRICE MAX AMOUNT

CLIN

CPAF

Data for Item 1001 and (if Option(s) are exercised) Items 1003-1006 (See DD Form 1423, Contract Data Requirements Lists (CDRLs) attached hereto) - NSP.

Price included in Items 1001, and (if Option(s) are exercised) Items1003-1006, as set forth in individual Delivery Orders

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION West Coast Salvage Zone B

CPAF

Option I - Salvage, Salvage Related Towing, Harbor Clearance, Ocean Engineering and Point-to-Point Towing Services in Zone B (West Coast) - See Notes A, B, and C

UNIT UNIT PRICE MAX AMOUNT

CLIN

CPAF

Option II - Salvage, Salvage Related Towing, Harbor Clearance, Ocean Engineering and Point-to-Point Towing Services in Zone B (West Coast) - See

UNIT UNIT PRICE MAX AMOUNT

CLIN

CPAF

Option III - Salvage, Salvage Related Towing, Harbor Clearance, Ocean Engineering and Point-to-Point Towing Services in Zone B (West Coast) - See

UNIT UNIT PRICE MAX AMOUNT

CLIN

CPAF

Option IV- Salvage, Salvage Related Towing, Harbor Clearance, Ocean Engineering and Point-to-Point Towing Services in Zone B (WestCoast) - See

UNIT UNIT PRICE MAX AMOUNT

CLIN

Western Pacific Salvage Zone C

CPAF

Base Year - Salvage, Salvage Related Towing, Harbor Clearance, Ocean Engineering and Point-to-Point Towing Services in Zone C (Western Pacific) - See Notes B and C

UNIT UNIT PRICE MAX AMOUNT

CLIN

CPAF

Data for Item 2001 and (if Option(s) are exercised) Items 2003-2006, and (See DD Form 1423, Contract Data Requirements Lists (CDRLs) attached hereto) - NSP. Price included in Items 2001, and (if Option(s) are exercised) Items 2003- 2006, as set forth in individual Delivery Orders

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION Western Pacific Salvage Zone C

CPAF

Option I - Salvage, Salvage Related Towing, Harbor Clearance, Ocean Engineering and Point-to-Point Towing Services in Zone C (Western Pacific) - See Notes A, B, and C

UNIT UNIT PRICE MAX AMOUNT

CLIN

CPAF

Option II - Salvage, Salvage Related Towing, Harbor Clearance, Ocean Engineering and Point-to-Point Towing Services in Zone C (Western Pacific) - Sees Note A, B, and C

UNIT UNIT PRICE MAX AMOUNT

CLIN

CPAF

Option III - Salvage, Salvage Related Towing, Harbor Clearance, Ocean Engineering and Point-to-Point Towing Services in Zone C (Western Pacific) -

UNIT UNIT PRICE MAX AMOUNT

CLIN

CPAF

Option IV - Salvage, Salvage Related Towing, Harbor Clearance, Ocean Engineering and Point-to-Point Towing Services in Zone C (Western Pacific) -

CLAUSES INCORPORATED BY FULL TEXT

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-2-0020 TRAVEL COSTS – ALTERNATE I (NAVSEA) (APR 2015)

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its actual travel costs in accordance with FAR 31.205-46. The costs to be reimbursed shall be those costs determined to be allowable, allocable and reasonable by the Contracting Officer, Administrative Contracting Officer or their duly authorized representative, as advised by DCAA.

(b) Reimbursable travel costs include only that travel performed from the Contractor's facility to the worksite, in and around the worksite, and from the worksite to the Contractor's facility.

(c) Relocation costs and travel costs incidental to relocation are allowable to the extent provided in FAR 31.205-35;

however, Contracting Officer approval shall be required prior to incurring relocation expenses and travel costs incidental to relocation.

(d) The Contractor shall not be reimbursed for the following daily local travel costs:

(i) travel at U.S. Military Installations where Government transportation is available,

(ii) travel performed for personal convenience/errands, including commuting to and from work, and

(iii) travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor's or employee's convenience.

HQ B-2-0021 CONTRACT SUMMARY FOR PAYMENT OFFICE (COST TYPE) (FEB 1997)

This entire contract is cost type.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract will not be less than the minimum quantity and contract value stated in the following table.

The maximum quantity and contract value for all orders issued against this contract will not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

MINIMUM

AMOUNT*

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT*

N/A $50,000.00 N/A $215,000,000.00

*For each Zone

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN will not be less than the minimum quantity and order value stated in the following table.

The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN will not exceed the maximum quantity and order value stated in the following table.

CLIN (Salvage Operations) Constraint 0001, 1001, 2001 (Base) NTE $43,000,000 0002, 1002, 2002 (Data) NSP 0003, 1003, 2003 (Option I) NTE $43,000,000 0004, 1004, 2004 (Option II) NTE $43,000,000 0005, 1005, 2005 (Option III) NTE $43,000,000 0006, 1006, 2006 (Option IV) NTE $43,000,000

CONDITIONS OF HIRE FOR CONTRACTOR’S SHIPS, CRAFT, AND BARGES

Hire starts at the time the Contractor commences preparations for service after receipt and acceptance of a Delivery Order and terminates at the time of return to station, or area of diversion if applicable, and portable equipment, if any, is removed and ship is refueled and resupplied. No periods of post-operational maintenance, repair, or overhaul shall be included in the on-hire period except when structural alterations or modifications were required for the performance of the Delivery Order that required post-operational work to return the ship to its pre-assignment state.

COMPENSATION AND PAYMENT

All work for which the Contractor claims entitlement to payment shall be evidenced by a Delivery Order, of which there are two types, the Operational delivery order and the Non-Operational delivery order. Operational delivery orders are those requiring use of labor and/or equipment in the field in support of salvage and salvage related services. Non-Operational delivery orders are those that do not require field deployment personnel or equipment and the associated risks involved in cost and scheduling.

Delivery Orders under this contract will provide for the following basis of compensation:

a. Per Diem/Cost-Plus-Award-Fee. On the "Per Diem/Cost-Plus-Award-Fee" basis, the Contractor will:

(1) Be compensated at the rates specified for personnel set forth in SCHEDULE B;

(2) Be reimbursed for ships and/or craft at rates no higher than those charged to best commercial customers; however, these rates shall not exceed the actual reasonable and allowable amounts per FAR 31- 201;

(3) Be reimbursed the allowable costs of all other work performed in accordance with the clause of the applicable general provisions entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7) and FAR Part 31; and

(4) Be paid such fee as may be determined pursuant to the DETERMINATION OF FEE clause.

NOTE: Delivery Orders may be verbally issued in cases of compelling and unusual urgency by a Contracting Officer. All Delivery Orders issued in cases of compelling need and unusual urgency shall be performed under the "Per Diem/Cost-Plus-Award-Fee” basis of compensation. Payment for such Delivery Orders shall require a written, confirmation of the Delivery Order by the Contracting Officer.

INDIRECT COST CEILING RATES

The Contractor agrees that the indirect rates in Attachment 2 - SCHEDULE B shall be the maximum allowable under the contract. In the case of indirect costs, the Contractor shall be reimbursed at the actual, allowable, and allocable cost or the below ceiling rate, whichever is less.

CLAUSES INCORPORATED BY FULL TEXT

DETERMINATION OF FEE (NAVSEA) (JAN 2008) (Applicable to all CLIN(s), except Data CLIN)

(a) Award Fee

Under "Per Diem/Cost-Plus-Award-Fee" Delivery Orders, the Contractor may earn an award fee as determined by the Fee Determining Official (FDO). The Government’s purpose in granting an award fee is to encourage and reward superior Contractor effort directed toward the performance of work under each delivery order. The specifics for evaluation are set forth in the following paragraphs.

Under Non-Operational "Per Diem/Cost-Plus-Award-Fee" Delivery Orders, there is one award fee worth no greater than five percent (5%) which is applicable to total costs including both non-scheduled and scheduled labor as well as subcontracted costs, material costs, etc.

Under Operational "Per Diem/Cost-Plus-Award-Fee" Delivery Orders, there is one award fee: worth no greater than ten percent (10%) which is applicable to total costs including both non-scheduled & scheduled labor as well as subcontracted costs, material costs, etc. However, the Contractor shall not receive award fee on the costs of any ship/craft/vessel in which the Contractor has full or partial ownership or under long term lease.

Fee Percentages for Cost Reimbursable Orders Base Fee 0% Non-Operational To be filled in by the Offeror (no greater than 5%)

Operational To be filled in by the Offeror (no greater than 10%)

The Contractor’s job performance shall be evaluated following job completion and submission of the Certified Statement of Costs (CSC). In unusual circumstances where a Delivery Order requires a prolonged performance period, interim Award Fees may be granted when approved in advance by the Contracting Officer. There will be no roll-over of any unearned fees.

(b) Award Fee Board (AFB)

The Contractor’s performance evaluation for each D.O. will be conducted by an Award Fee Board (AFB) consisting of the following members.

1. Chairperson, Director of Salvage Operations and Ocean Engineering, 00C2

2. Cognizant SUPSALV Project Manager(s)

3. Cognizant SUPSALV Contract Specialist(s)

4. NAVSEA Contracting Officer

5. Cognizant Division Heads

(c) Fee Determining Official (FDO)

The FDO, Director and/or Deputy Director of Ocean Engineering, Supervisor of Salvage and Diving, USN, will make a determination of the award fee due to the Contractor based upon the performance evaluation conducted by the AFB.

(d) Award Fee Determination and Reclama Procedures

(1) Within 30 days after Government approval of the Final Report, the Contractor shall furnish to the AFB such information as may be required including a Certified Statement of Costs (CSC) incurred for each Delivery Order, to assist the AFB in evaluating the Contractor’s performance.

(2) The AFB may consider reports, both oral and written, from all interested parties. Within 30 days the AFB shall arrive at a consensus on the performance rating and advise the FDO of its recommendation including the reasons, rationale and justifications therefore.

(3) Within 5 days the FDO shall provide the Contracting Officer (KO) a final performance evaluation and determination of award fee for each Delivery Order. The FDO or duly authorized representative shall notify the Contractor, via electronic mail, of the award fee determination at the same time that the award fee determination is provided to the KO.

(4) The Contractor, by written notice or electronic mail to the KO within 10 days after receipt of the notification, may request reconsideration of the FDO's award fee determination. The Contractor’s request shall include written comments on the evaluation findings and conclusions, and the Contractor's opinion of its accomplishments in relation to the applicable evaluation criteria. If the Contractor fails to include written comments with the request for reconsideration the Government will not reconsider the award fee determination.

(5) Within 60 days the KO shall issue a unilateral modification to the contract to provide for the award fee earned for each delivery order.

(e) Finality of the Fee Determining Official’s Determination

Determinations of the FDO with respect to the amount of the award fee to be paid to the Contractor and the methodology for determining the award fee are unilateral decisions made solely at the discretion of the Government.

These determinations are final and shall not be subject to the clause of this contract entitled "DISPUTES" (FAR 52.233-1). Any changes to the award fee determination will be made at the sole discretion of the Government.

Changes, if any, to the award fee determination will be documented but such changes are not open to debate or negotiation.

(f) Evaluation Categories and Contributing Award Fee Factors

Upon completion of each Delivery Order, the AFB will consider the Contractor’s performance with respect to each of the categories listed in sub-paragraphs 1 through 3 below. The percentages shown indicate the relative weights assigned to each award fee evaluation category. However, the Government reserves the right to adjust the following evaluation plan by unilateral contract modification.

Three award fee evaluation categories will be used to assess Contractor performance and determine award fee for each Delivery Order under this contract. These categories are Quality of Performance, Timeliness of Performance, and Cost Performance. While Quality and Timeliness are critical to successful Contractor performance, the Government considers Cost to be of significant importance. Therefore, Cost Performance will be evaluated separately. The award fee determination will be calculated as described/shown in paragraph (h) below. Although award fee will be calculated on an individual Delivery Order basis the Government may take into account the Contractor’s overall performance under the contract when evaluating individual Delivery Orders.

(1) CATEGORY ONE: QUALITY OF PERFORMANCE - 60%

Definition: Quality of performance is characterized by the overall degree of excellence and superiority of the Contractor’s management, planning, personnel, equipment, maintenance, subcontractors/vendors, safety, inter-organizational and intra-organizational communication, and data/report submissions. The Contractor is expected to provide quality salvage services applying effective and efficient use of resources and available technologies to complete task objectives. Operational efficiency and program support planning for tasks are valued characteristics of quality performance. Well-trained and capable Contractor interface with SUPSALV representatives/personnel is a positive factor.

Consideration: To the degree that the Contractor’s planning, resources, communication and overall efforts result in effective, efficient and successful completion of delivery order objectives, the award fee earned will be greater. The converse is also true. Skillful program planning and management support efforts are also expected. To the degree that creative and innovative Contractor solutions result in effective, efficient, and safe execution of delivery order objectives/completion, award fee will be greater. The converse is also true. The Contractor’s ability to anticipate, avoid and prepare for likely as well as unforeseen problems is valued. To the degree that factors beyond the Contractor’s control prohibit or interfere with successful completion of task objectives, award fee will not be adversely impacted. However, the Government will consider how well the Contractor is able to effectively and efficiently overcome/workaround factors beyond its control.

Award Fee Criteria:

The effective use of personnel and equipment in meeting operational requirements will be evaluated. This will include personnel and equipment reliability.

The effectiveness of the Contractor's management in problem anticipation and avoidance will be evaluated. The Contractor's planning of how the task is to be executed will be considered.

When subcontractors are used, the ability of the Contractor to effectively manage subcontractors, both material vendors and on-site subcontractors, will be evaluated.

The number of jobs held up for vendor-provided material and/or delays caused by on-site subcontractors will be considered.

Clear, concise, and well-constructed reports, engineering design, drawings, and other contractually required software will be considered in this evaluation. Accurate submittal of "Contract Data Requirements List" will be considered, if applicable.

Effectiveness in maintaining, repairing, protecting, preserving and storing, shipping, and using equipment on the job will be evaluated. Also included in this evaluation will be how well the Contractor performs as an overall custodian of any such equipment.

Effectiveness in obtaining and using specialized equipment and personnel when needed and, which do not belong to the Contractor, will be evaluated when appropriate.

Clear and effective communication within the Contractor's organization for supporting contractual requirements throughout the contractual operating area. This includes access from the working level through various supervisory and management levels to contractual decision makers.

The effectiveness of Contractor communications with the Supervisor of Salvage, or the on-scene representative, on the status of the on-going effort, including timely notification of problems and cost data.

(2) CATEGORY TWO: TIMELINESS OF PERFORMANCE - 40%

Definition: Timeliness of performance is characterized by the overall degree of excellence and superiority the Contractor demonstrates in obtaining in-house and subcontractor resources, mobilizing/demobilizing resources, establishing and meeting realistic schedules, recovering from missed events and deadlines, and communication with SUPSALV Representative(s). The Contractor is expected to provide timely services which result in successful completion of delivery order objectives. Efficient use of resources and the Contractor’s overall ability to complete objectives/goals within schedule are valued characteristics of timely performance. Well-managed, capable, cost effective and efficient subcontractors/vendors will be a positive factor. Scheduling creativity leading to maximum efficiency and cost savings will be a positive factor.

Consideration: To the degree that the Contractor’s planning, resources, communication and overall efforts result in effective, efficient and successful completion of delivery order objectives, the award fee will be greater.

The converse is also true. Skillful program planning and management that minimizes the impact of missed milestones and allows for efficient and effective recovery leading to successful completion of delivery order objectives are also expected. Effective and timely communication with SUPSALV Representative(s) on delivery order progress and immediate identification of problems are of major importance. To the degree that the Contractor’s efforts result in effective, efficient, timely, and safe execution of delivery order objectives/completion, award fee will be greater. The converse is also true. The Contractor’s ability to procure/subcontract necessary resources in a timely and efficient manner is of major importance. To the degree that factors beyond the Contractor’s control prohibit or interfere with successful completion of task objectives, award fee will not be adversely impacted.

However, the Government will consider the Contractor’s ability to effectively and efficiently recover in a timely manner from events/factors outside its control.

Award Fee Criteria:

The Contractor's effectiveness in mobilizing and demobilizing personnel and/or equipment will be evaluated.

Timely implementation of corrective action to eliminate or prevent problem areas which could impact successful completion of the required effort.

Effectiveness in establishing and maintaining a timely schedule including recovering from missed events. Particular emphasis will be placed on establishment and timely updating of the schedule that properly integrates Contractor- Furnished Material, Government-Furnished Material, and personnel, including subcontractor effort into a rational plan for completion of the task.

Effectiveness in measuring schedule progress using preplanned milestones and critical paths. Communication with the Supervisor of Salvage, or the designated on-scene representative, regarding appraisal of performance related to critical paths will be highlighted.

Effectiveness in meeting preplanned milestones. Particular consideration will be given to the Contractor's ability to maintain adequate progress in anticipation of milestone completion.

Timeliness of job estimate, certified statement of cost, the Contract Data Requirements List (CDRL), and data submittals.

Timeliness by the Contractor in obtaining and utilizing in-house personnel and equipment.

Timeliness in obtaining specialized equipment and personnel when needed and which do not belong to the Contractor will be evaluated when appropriate.

(3) CATEGORY THREE: COST PERFORMANCE -100%

Definition: Of major importance in evaluating Contractor cost performance will be whether actual cost experience, together with realistic cost projections, indicates that the Contractor will be under, at or over estimated delivery order costs. The Contractor’s cost planning and timely and accurate reporting of costs will be considered. In addition, Contractor efforts that result in delivery order cost savings will also be considered. Contractor efforts in achieving competitive and best commercial pricing are of major importance. The Contractor’s ability to demonstrate that equipment and other resource pricing are consistent with that afforded to best commercial customers is a positive factor.

Consideration: Cost performance shall be judged primarily against the Contractor’s realistic cost performance projections and deviations from plans. To the degree that the Contractor notifies the SUPSALV Representative(s) of deviations (i.e., cost increases, cost decreases, etc.), from delivery order cost estimates/projections in a timely manner award fee will be greater. The converse is also true. Clarity, accuracy, and relativity of cost reporting shall reflect positively on assessment of Contractor cost performance. Increases or decreases in cost expenditures that are the result of Government action(s) shall not be negatively credited to the

Contractor’s performance. To the degree the Contractor is able to demonstrate that best efforts are made to ensure best possible pricing on subcontracts and/or other procurements award fee will be greater. The converse is also true.

To the degree that costs for equipment and other resources are inconsistent between delivery orders or inconsistent with rates afforded best commercial customers award fee will be negatively impacted. To the degree that the Contractor incurs costs for equipment and other support resources which are in excess of the equipment’s/resource’s intrinsic value award fee will be negatively impacted.

Award Fee Criteria:

The costs of mobilization and demobilization will be considered.

Effective use of in-house personnel and/or material and equipment versus the use of subcontractors shall be considered in the evaluation. The decisions made by the Contractor in this area should generate a cost savings, but should not harm performance in other areas.

Effectiveness in meeting the cost estimate submitted for the task.

Cost-effective judgment used in providing specialized equipment that has been specified in individual Delivery Orders.

Cost of the Contract Data Requirements List (CDRL) or other data items specified in individual Delivery Orders.

(g) Performance Ratings

In evaluating Contractor performance, the following adjective and numerical ratings will be used.

Adjective Rating Percentage Rating Criteria

OUTSTANDING 91-100% The Contractor’s performance far exceeds requirements and is at a level where little or no improvement can be made.

EXCELLENT 76- 90% The Contractor’s performance exceeds the requirements in most areas. Performance is at a level where minimal improvement can be made.

GOOD 51-75% The Contractor’s performance meets and, in some cases, exceeds the requirements. Areas for improvement are essentially offset by better performance in other areas.

SATISFACTORY No greater than 50% The Contractor’s performance is adequate.

However, improvement should be made in quality, timeliness and /or cost.

UNSATISFACTORY 0% The Contractor’s performance does not meet the minimum requirements. Contractor performance in the area being evaluated is considered to be such that a potentially adverse program impact is foreseen. Goals/objectives have not been met.

(h) Calculation of Award Fee

The AFB shall determine the recommended award fee to be paid by utilizing the above Performance Ratings. The assigned performance rating for each category will be multiplied by the assigned weight for that category. The sum of the percentages for Quality and Timeliness will then be multiplied by the percentage derived for Cost Performance to determine the Award Fee Factor Percentage.

Quality Performance Rating x 60% = Quality Percentage (Q%) Timeliness Performance Rating x 40% = Timeliness Percentage (T%) Cost Performance Rating x 100% = Cost Percentage (C%)

(Q% + T%) x C% = Award Fee Factor Percentage (AFF%)

Example:

Quality Rating of 90% x 60% = Quality Percentage of 54% Timeliness Rating of 80% x 40% = Timeliness Percentage of 32% Cost Rating of 95% x 100% = Cost Percentage of 95%

Total Award Fee Factor Percent = (54% + 32%) * 95% = 81.7%

(1) Non-Operational Delivery Orders

For Non-Operational delivery orders, the AFF% will be multiplied by the fee percentage established under paragraph (a) above, with the result being applied to both non-scheduled and scheduled labor costs, as well as subcontract and material costs incurred for the delivery order;

(2) Operational Delivery Orders

For Operational delivery orders, the AFF% will be multiplied by the fee percentage established under paragraph (a) above with the result being applied to both non-scheduled and & scheduled labor costs as well as subcontract and or team member and material costs incurred for the delivery order.

(3) Final Award Fee to be Paid

The FDO will determine the final fee awarded for each delivery order. No award fee will be paid for a rating of 49 or below.

(i) Maximum Fee

In no event shall the operational fee exceed ten percent (10%) and non-operational fee exceed five percent (5%) of the total costs for a delivery order.

(j) Payment of Award Fee

The Contractor shall be paid award fee, if any, upon submittal of a final invoice or voucher to the cognizant Administrative Office, together with a copy of the unilateral modification to the contract authorizing payment of award fee for the applicable Evaluation Period. The Contractor's invoice shall show the amount of award fee payable to each sub-line item, which shall be directly proportionate to the amount or allowable Estimated Cost (exclusive of base fee and FCCOM) incurred by the Contractor during the Evaluation Period. The Contractor's invoice must cite the appropriate accounting data in order for payment to be affected. There will be no provisional, interim or advance billing of award fee prior to a final determination of the FDO and execution by the contracting officer of a contract modification authorizing payment.

Section C - Descriptions and Specifications

Item(s) 0002, 1002, and 2002 - The data to be furnished hereunder shall be prepared in accordance with Section J, Exhibit A – Contract Data Requirements List, DD Form 1423.

HQ C-2-0014 CONTRACTOR'S PROPOSAL (NAVSEA) (MAR 2001)

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

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

(f) of the clause, following "the specification" in the order of precedence.

HQ C-2-0034 MINIMUM INSURANCE REQUIREMENTS (NAVSEA) (SEP 1990)

In accordance with the clause of this contract entitled "INSURANCE--WORK ON A GOVERNMENT INSTALLATION" (FAR 52.228-5), the Contractor shall procure and maintain insurance, of at least the kinds and minimum amounts set forth below:

(a) Workers' Compensation and Employer's Liability coverage shall be at least $100,000, except as provided in FAR 28.307(a).

(b) Bodily injury liability insurance coverage shall be written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

HQ C-2-0063 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA)

(APR 2004)

(a) NAVSEA may use a file room management support Contractor, hereinafter referred to as "the support Contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:

(1) The support Contractor not disclose any information;

(2) Individual employees are to be instructed by the support Contractor regarding the sensitivity of the official contract files;

(3) The support Contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the Contractor may have, it is a third party beneficiary who has the right of direct action against the support Contractor, or any person to whom the support Contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.

(c) Execution of this contract by the Contractor is considered consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file room management support Contractor for the limited purpose of executing its file room support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other Contractors for these services. Contractors are free to enter into separate non-disclosure agreements with the file room Contractor. (Please contact Director, E Business Division for Contractor specifics.) However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

HQ C-2-0066 CONTRACTOR SAFETY AND HEALTH REQUIREMENTS FOR ACCESS TO NAVSEA/PEO

SITE (NAVSEA) (MAY 2012)

(a) Contractor personnel shall comply with all badging and security procedures required to gain access to any NAVSEA/PEO site. Contact the Contracting Officer’s Representative (COR) for specific requirements.

(b) Contractors are required to adhere to the requirements of 29 CFR 1910, 29 CFR 1926 and applicable state and local requirements while in NAVSEA/PEO government spaces. Contractors who are injured on site shall notify SEA 04RS, Safety Office, via the COR.

(c) NAVSEA/PEO site facilities are low to mid-rise buildings with elevators and a contractor operated restaurant facility in building 197. Utility areas, electrical/phone closets and the roof are generally secured areas with restricted access. NAVSEA/PEO HQ sites generally exhibit low hazards with no personal protection equipment (PPE) requirements. Hazards are those typically found in an office environment. Slips, trips and falls on wet/icy surfaces, pest control, and ergonomic concerns are the primary hazards. It is expected that contractor employees will have received training from their employer on hazards associated with the areas in which they will be working and know what to do in order to protect themselves.

(d) Contractors whose employees perform work within NAVSEA/PEO government spaces in excess of 1000 hours per calendar quarter during a calendar year shall submit the data elements on OSHA Form 300A, Summary of Work Related Injuries and Illnesses, for those employees to SEA 04RS via the Contracting Officer’s Representative by 15 January for the previous calendar year, even if no work related injuries or illnesses occurred.

(e) Any contractor employee exhibiting unsafe behavior may be removed from the NAVSEA/PEO site. Such removal shall not relieve the contractor from meeting its contractual obligations and shall not be considered an excusable delay as defined in FAR 52.249-14.

CONTRACT LINE ITEM DESCRIPTION

STATEMENT OF WORK

1. General Requirements

The Naval Sea Systems Command (NAVSEA 00C), Director of Ocean Engineering/Supervisor of Salvage and Diving, USN (herein referred to as SUPSALV) is responsible for maintaining contracts for commercial sources to supplement the Navy’s salvage, diving, towing, and search and recovery capabilities. To fulfill these requirements several contracts are maintained by SUPSALV. The primary purpose of the Salvage Services Contract is to provide services to assist in the performance of salvage, salvage-related towing, harbor clearance, point-to-point towing, and ocean engineering within the geographical areas described in paragraph 2.a. below. Because of potential requirements to respond to rescue or other emergency operations, the Contractor will be required to respond immediately upon receipt of a Delivery Order, when so directed. Directed work may include work in war zones or hostile environments. An appropriate response is to provide the necessary personnel, equipment, capabilities, and timeliness as defined in paragraph 2. Personnel requirements are set forth in Attachment 1 - SCHEDULE A.

2. Specifications

The following specifications shall apply to ITEMS 0001,1001, and 2001 and (if option(s) are exercised) ITEMS 0003-0006, 1003-1006 and 2003-2006:

a. Geographical Areas. The Contractor shall perform salvage of ships, craft, cargo, and other items as tasked (e.g., aircraft, weaponry, equipment); salvage related towing, harbor clearance;

ocean engineering projects; and point-to-point towing in the following geographical areas:

(1) Zone A: Beginning at the South Pole, then north along 66 degrees W longitude to the coast of South America, then North along the East Coast of South America to the Panama Canal Zone, including the Panama Canal Zone up to but not including the Gatun Locks, then north along the coast of Central America and Mexico to the United States, then east and north along the east coast of North America to 90 degrees W longitude to the North Pole; then south along 35 degrees E longitude to the European continents following the western coast line of Europe and Africa south to 15 degrees E longitude, then south to the South Pole. This zone shall also include:

the Mediterranean Sea, the Suez Canal as far south as the entrance to the Gulf of Suez (at the town of Bur Taufig, Egypt), the Black Sea, and the Baltic Sea. The zone includes harbors and navigable waters draining to the coast within the geographic areas.

(2) Zone B: Beginning at the South Pole, then north along 66 degrees W longitude to the coast of South America, then north along the West Coast of South America to the Panama Canal Zone, including the Gatun Locks, then north and west along the coast of Central America and Mexico and to the United States, western most point of North America at the Bering Strait, then east along the continent on the Arctic Ocean to 90 degrees W longitude, then north along 90 degrees W longitude to the North Pole; then south along the International Date Line to the South Pole. This zone shall extend east through the Straits of Magellan as far as the town of Greece, Chile. The zone includes harbors and navigable waters draining to the coast within the geographic area.

(3) Zone C: Beginning at the North Pole, then south along the International Date Line to the South Pole; then north along 15 degrees East Longitude to the coast of South Africa, then south, east, and north along the continents on the Indian and Pacific Oceans to the Arctic Ocean, then west to 35 degrees east then north to the North Pole. This zone includes the Red Sea and the Arabian Gulf, the Gulf of Suez, but not the entrance to the Suez Canal. The zone includes harbors and navigable waters draining to the coast within the geographic area.

b. Personnel and Equipment The Contractor shall provide all personnel and equipment necessary for the performance of Delivery Orders issued for the work required under Paragraph 2.

c. Response Time Upon receipt of a Delivery Order or a call from the Government for services, the Contractor shall respond within the timeframe specified by the Government. For emergency situations, this may require immediate response. Depending on the nature and urgency of the situation, response shall be in the form of recalling key personnel to commence response planning, dispatching salvage personnel enroute, a salvage/towing ship underway, or operating/ organizing logistics.

d. Capabilities The Contractor must be capable of performing a minimum of two simultaneous salvage, salvage-related towing, harbor clearance, ocean engineering projects, or emergency point-to-point towing operations anywhere within the geographical zone(s).

e. Cabotage Laws The Contractor shall comply with all Cabotage Laws of countries within the zone. Accordingly, it is the Contractor’s responsibility to know and understand the Cabotage Laws of each country within the geographical area of each zone.

f. Crossed Zones A salvage-related tow and/or a point-to-point tow that crosses geographical zones may be performed by any Contractor awarded the contract for the applicable zones.

Generally, the Contractor awarded the contract for the zone in which the tow originates will be given the first opportunity to perform a tow, but the decision will be made by SUPSALV.

g. War Zones Salvage and towing related tasks may be required to be performed in war zones or other hostile areas. The Contractor shall perform tasks in hostile areas and/or war zones as directed by SUPSALV.

h. Force Protection Salvage and towing related tasks performed in hostile areas and/or war zones may require private force protection/security services. The contractor shall provide private force protection services when regional force protection services are not available or deemed inadequate. The Government recognizes additional costs will be incurred to provide private force protection elements.

i. UCMJ All persons serving with or accompanying an armed force in the field in time of declared war or a contingency operation are subject to the Uniform Code of Military Justice

(UCMJ).

DISPOSAL OF EXPLOSIVE ORDANCE MATERIAL BY CONTRACTOR

The Contractor recognizes that performance under this contract may require disposal of explosive ordnance material.

FAILURE OF GOVERNMENT TO INSIST ON COMPLIANCE

Failure of the Government to insist, in any one or more instances, upon strict compliance with any of the terms or conditions of this contract, or of any Delivery Order issued thereunder, shall not be construed as a waiver of relinquishment of the Government’s right to the future performance of such terms or conditions, and Contractor’s obligation in respect to such performance shall continue in full force and effect.

ISSUANCE OF DELIVERY ORDERS

A. ACCEPTANCE AND PERFORMANCE OF DELIVERY ORDERS

1) Orders under this contract will be issued as Cost Plus Award Fee (CPAF). The Contractor shall accept and commence performance of work immediately upon receipt of Delivery Orders.

2) All Delivery Orders will be issued in writing by the Contracting Officer (KO), provided that, in cases determined by the Government to be of compelling need and unusual urgency, Delivery Orders may be issued verbally by the KO. Verbally issued Delivery Orders will be confirmed in writing by the KO within forty-five

(45) days of the issuance of the verbal order.

B. CONTENT OF DELIVERY ORDERS

1) Each verbal Delivery Order will specify at least the following:

a) Contract Number;

b) A general description of the work to be performed;

c) The place of performance;

d) The date and time for commencement of performance;

e) A dollar amount representing the maximum liability of the Government pending written confirmation of the verbal Delivery Order;

f) The appropriation to be charged.

g) Type of Delivery Order (Operational or Non-Operational)

2) Each written Delivery Order will contain at least the following:

a) Contract Number and Delivery Order;

b) Contract Line Item number and Subline Item number;

c) A description of the work to be performed, in reasonable detail, including references to applicable plans and specifications where appropriate;

d) Effective start date;

e) Type of Delivery Order (Operational or Non-Operational);

f) Identification of the place where the work is to be performed;

g) The delivery date or completion time for the subject work;

h) The basis of compensation which includes the maximum liability of the government

i) The appropriation to which the Delivery Order is chargeable and the applicable accounting data;

j) The property to be furnished by the Government, if any, and when such property will be furnished;

k) Invoice submittal information;

l) The disbursing office which will make payment;

m) Applicable security requirements; and

n) Any other pertinent information.

3) In…