N00024-17-R-4323_ESSM_Solicitation_Final.docx

N0002417R4323

Section B - Supplies or Services and Prices

CLIN Number 0001

CPAF ESSM Efforts

CPAF

Manage, Maintain and Operate the Emergency Ship Salvage Material (ESSM) System; execute the oil and hazardous substances (OHS) spill response program; and provide SUPSALV support. (See Notes B, C & E) FOB: Destination

ESTIMATED COST

MAX AWARD FEE

TOTAL EST COST + FEE

CLIN Number 0002

CPFF ESSM Efforts Manage, Maintain and Operate the Emergency Ship Salvage Material (ESSM) System; execute the oil and hazardous substances (OHS) spill response program; and provide SUPSALV support. (See Notes B, C & E)

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

CLIN Number 0003

FFP ESSM Efforts

FFP

Manage, Maintain and Operate the Emergency Ship Salvage Material (ESSM) System; execute the oil and hazardous substances (OHS) spill response program; and SUPSALV support. (See Notes B & E)

PURCHASE REQUEST NUMBER: N000241721560

MAX

NET AMT

CLIN Number 0004

Data for Item 0001-0003

COST

See DD Form 1423, Exhibit A. Data will be specified in individual orders.

(See Notes A & D). Not Separately Priced

PURCHASE REQUEST NUMBER: N000241721560

MAX COST

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

NOTE A: Contractor shall complete the "Price Group" and "Estimated Total Price" blocks of each data item on the Contract Data Requirements List(s), attached to individual Delivery Orders.

NOTE B: Supplies/services under all CLINs are subject to Section H Special Contract Requirement entitled: “IDIQ ORDERS”

NOTE C: All estimated and incurred travel costs shall be in accordance with FAR 31.205-46 and the Joint Travel Regulations (JTR).

NOTE D: Contract Data Requirements List (CDRLs), DD Form 1423, will be issued under each Delivery Order when required (CLIN 0004). Not Separately Priced.

NOTE E: Ordering Periods per below table:

SUPPLIES/SERVICES AND PRICES - IDIQ

The overall ceiling for this contract is $250,000,000.00. The services and material to be ordered hereunder shall be reimbursed in accordance the provisions of the clauses entitled, “Payments” (FAR 52.232-1), “Allowable Cost and Payment” (FAR 52.216-7), “Fixed Fee” (FAR 52.216-8), “Basis of Compensation and Payment,” and “Determination of Fee” (NAVSEA) (APR 2004), the terms of which are construed to apply, on an individual basis, to each order issued.

INDIRECT CEILING RATES G&A PERCENTAGES APPLICABLE TO COST PLUS FIXED FEE (CPFF) AND COST PLUS AWARD FEE (CPAF) ORDERS (to be filled in by the Offeror subject to the limitations established for ceiling rates in Section L 6.3)

The Contractor agrees that the below indirect rates shall be the maximum allowable under the contract. Further, 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. The indirect rates below for G&A only apply to non-scheduled labor, and Other Direct Costs (ODCs). Please note that G&A is included in scheduled labor rates (see J-1).

Indirect Cost Ceiling Rates – G&A

FEE PERCENTAGES APPLICABLE TO COST PLUS FIXED FEE (CPFF) AND COST PLUS AWARD FEE (CPAF) ORDERS (to be filled in by the Offeror subject to the limitations established for fee in Section L 6.4.)

The Contractor agrees that the fee percentages below shall be the maximum fee percentages used to establish fixed fee and/or award fee cost type orders. The fee percentages below will be applied to the total estimated costs to establish the maximum fee available under an order. The fixed fee or award fee pool amounts established for a delivery order will remain unchanged regardless of the final costs incurred for that order, except when the work under an order is increased or decreased by a modification to the order or when any equitable adjustment in estimated cost is authorized under any other clause of the contract, the award fee pool shall be adjusted.

Award fee type orders will not include any Base Fee.

(not to exceed 5%) (not to exceed 10%)

* To be filled in by the offeror, see maximum percentages allowed in Section L 6.4.

BASIS OF COMPENSATION AND PAYMENT

(a) The Contractor shall not be entitled to payment for any services performed or supplies delivered under this IDIQ contract unless evidenced by a Delivery Order signed by the Contracting Officer. Each order issued under the contract will be classified as either an Operational Order or Non-Operational Order. Operational Orders require the Contractor to deploy ESSM Personnel, such as the Operational Response Teams (ORT), in support of an at-sea or field operation. Non-Operational Orders are typically performed at an ESSM base and/or complex (CONUS or OCONUS) and are non-emergent in nature, but may require the Contractor to deploy personnel. Due to their specific and planned nature, routine tasking where personnel are deployed (i.e. overseas maintenance and training exercises) will normally be considered Non-Operational. Orders will be designated either Operational or Non-Operational at the sole discretion of the Government.

(b) Orders under this contract may be issued as fixed price (FFP), cost plus fixed fee (CPFF), cost plus award fee (CPAF) or a compilation of CLIN types. Fixed Price orders will be negotiated prior to Delivery Order issuance. Cost reimbursement orders will be issued on a completion basis. Contract type for all orders shall be designated at the sole discretion of the Government.

(1) Fixed Price CLINs. For services and supplies ordered on a fixed price basis the Contractor shall be paid in accordance with the provision entitled “Payments” (FAR 52.232-1).

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

(3) Cost Plus Award Fee (CPAF) CLINs. For services and supplies ordered on a CPAF basis the Contractor shall be paid in accordance with the provisions of the contract entitled “Allowable Cost and Payment” (FAR 52.216-7), “Determination of Fee (NAVSEA),” and paragraph (c) below.

(c) When performing work under any cost reimbursement order issued under this contract the Contractor shall charge Scheduled Personnel and be paid at the rates identified in the Scheduled Rate Tables J-1. Non-scheduled personnel and equipment/ships/vessels/crafts required for the performance of an order shall be reimbursed at rates no higher than those charged best commercial customers; however, these rates shall not exceed the actual reasonable and allowable amounts per FAR Subpart 31.2. To avoid possible subsequent disallowance or dispute under the specific cost principles at Subpart 31.2 the contractor should seek advance agreement on the treatment of special or unusual costs.

CLAUSES INCORPORATED BY FULL TEXT

HQ B-2-0003 DETERMINATION OF AWARD FEE (NAVSEA) (FEB 2018)

(Applicable to CPAF Efforts ordered under CLIN 0001)

(a) Minimum Fee

The base fee, as set forth in Section B of this contract, shall be zero.

(b) Award Fee

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 Contracting effort directed toward performance of this contract. The specifics for evaluation are set forth in paragraphs that follow.

(c) Award Fee Board

The Contractor's performance evaluation for each period will be conducted by an Award Fee Board (AFB) of no more than eight members consisting of:

(1) The Fee Determining Official (SEA00C or 00CB)

(2) The SUPSALV Division Directors (SEA00C1, 00C2, 00C3, 00C4, 00C5 as appropriate)

(3) The SUPSALV Program/ Project Manager & other Technical/Acquisition Representatives as directed by the FDO

(4) Procuring Contracting Officer

(5) The Contracting Officer Representative (COR) for this contract

(6) Recorder (Nonvoting Participant)

(d) Fee Determining Official

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

(e) Award Fee Determination and Reclama Procedures

(1) Within ten (10) days after completion of delivery order, the Contractor shall furnish to the AFB such information as may be reasonably required, including a Certified Statement of Cost (CSC) for costs incurred for performance of the order, to assist the AFB in evaluating the Contractor’s performance.

(2) The Award Fee Board evaluation will be scheduled within fifteen (15) working days after the conclusion of the quarterly evaluation period. The Board may consider reports, both oral and written, from all interested parties. The Board shall arrive at a consensus on the performance rating for each delivery order completed within that quarter and advise the FDO of its recommendation including the reasons, rationale, and justifications therefore. The Board’s findings shall be presented to the Contractor who will then be provided an opportunity to provide written comments on the evaluation findings to the FDO within five (5) working days. In such case, these comments shall be considered by the FDO in establishing the award fee earned.

(3) The FDO shall provide the Procuring Contracting Officer (PCO) a final performance evaluation and determination of the award fee earned for that period within five (5) working days after receipt of the Board’s findings or the Contractor’s written comments, whichever is later.

(4) Within fifteen (15) working days after receipt of the FDO’s final determination and the Procurement Request (PR), the Contracting Officer shall issue a unilateral modification for each delivery order evaluated during that quarter to provide the award fee earned.

(f) Fee Determination Official’s Determination

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

(g) Evaluation Categories and Factors

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 g.1 through g.3 below. The percentages shown indicate the relative weights assigned to each award fee evaluation category. The Government reserves the right to make changes in evaluation categories and factors or weights assigned to evaluation categories by unilateral modification. The Contractor may propose performance objectives for any period, however; only those received at least thirty (30) days prior to the start of an evaluation period will be considered for that evaluation period. The Contractor will be notified of changes in the evaluation categories and factors as well as adjustments to the weighting of categories, if any, prior to commencement of each evaluation period. Unsatisfactory performance under an award fee criterion may result in increased weighting for that factor in subsequent evaluation periods.

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 also considers Cost to be of significant importance. The award fee determination will be calculated as described/shown in the paragraph 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.

Award Fee Determination Calculation:

Score = Quality of Performance (rating x 35%) + Timeliness of Performance (rating x 35%) + Cost performance (rating x 30%) Score * AF Pool = AF Earned

(g.1) Quality of Performance (35%)

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 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 expected.

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 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 his control.

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

(g.2) Timeliness of Performance (35%)

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 his control.

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

(g.3) Cost Performance (30%)

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 overestimated delivery order costs. The contractor’s cost planning and timely and accurate reporting of costs shall be considered. In addition, contractor efforts that result in delivery order cost savings shall 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 will be 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.

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

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

cost overruns and/or under-runs will be evaluated.

house assets will be evaluated.

(h) Evaluation Periods/Award Fee Pool

(1) The following evaluation periods and associated award fee pools are hereby established. The Government reserves the right to adjust the evaluation period and allocation of award fee pool available for each period by unilateral contract modification, which shall be issued, if necessary, prior to the start of the evaluation period(s). The table below will be updated on the delivery order basis.

2 1st day after 1st Evaluation Period through three $ TBD $ TBD months after conclusion of 1st evaluation period 3 1st day after 2nd Evaluation Period through three $ TBD $ TBD months after conclusion of 2nd evaluation period

4 1st day after 3rd Evaluation Period through three $ TBD $ TBD months after conclusion of 3rd evaluation period

5 1st day after 4th Evaluation Period through three $ TBD $ TBD months after conclusion of 4th evaluation period

6 1st day after 5th Evaluation Period through three $ TBD $ TBD months after conclusion of 5th evaluation period

7 1st day after 6th Evaluation Period through three $ TBD $ TBD months after conclusion of 6th evaluation period

8 1st day after 7th Evaluation Period through three $ TBD $ TBD months after conclusion of 7th evaluation period

9 1st day after 8th Evaluation Period through three $ TBD $ TBD months after conclusion of 8th evaluation period

10 1st day after 9th Evaluation Period through three $ TBD $ TBD months after conclusion of 9th evaluation period

11 1st day after 10th Evaluation Period through three $ TBD $ TBD months after conclusion of 10th evaluation period

12 1st day after 11th Evaluation Period through three $ TBD $ TBD months after conclusion of 11th evaluation period

13 1st day after 12th Evaluation Period through three $ TBD $ TBD months after conclusion of 12th evaluation period

14 1st day after 13th Evaluation Period through three $ TBD $ TBD months after conclusion of 13th evaluation period

15 1st day after 14th Evaluation Period through three $ TBD $ TBD months after conclusion of 14th evaluation period

16 1st day after 15th Evaluation Period through three $ TBD $ TBD months after conclusion of 15th evaluation period

17 1st day after 16th Evaluation Period through three $ TBD $ TBD months after conclusion of 16th evaluation period

18 1st day after 17th Evaluation Period through three $ TBD $ TBD months after conclusion of 17th evaluation period

19 1st day after 18th Evaluation Period through three $ TBD $ TBD months after conclusion of 18th evaluation period

20 1st day after 19th Evaluation Period through sixty $ TBD $ TBD months after Contract Award

* Contract Award Date

Award Fee for Delivery orders closed during previous period will be reviewed for Fee Determination and processed together to streamline the process. The Contractor will receive written notification from SEA 00C1 (copy to the PCO) of the Delivery Orders to be evaluated at the conclusion of the three month period.

(2) There will be no rollover of unearned award fee.

(i) Performance Ratings

(1) In evaluating Contractor performance, the following adjective and numerical ratings will be used: Per FAR 16.401(e)(3)(iv) Contracting Officers may supplement the adjectival rating description:

* The Contractor shall not be entitled to any award fee for a rating of 0%.

(j) Maximum Fee

In no event shall the total fee under a Non-Operational delivery order exceed five percent (5%**), or under an Operational delivery orders exceed ten percent (10%**) of the total costs for that delivery order.

** to be filled in at award

(k) Payment of Award Fee

The Contractor shall be paid award fee, if any, upon submittal of a proper invoice or voucher to the cognizant Payment Office, together with a copy of the unilateral modification to the contract authorizing payment of award fee for the applicable Evaluation. The Contractor's invoice shall show the amount of award fee payable to each subline 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.

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-2-0008 LIMITATIONS ON INDIRECT COST RATES (NAVSEA) (OCT 1990)

(a) Pursuant to FAR 42.707, an indirect cost rate ceiling is incorporated into the contract. "Indirect cost" is defined as set forth at FAR 31.001 and 31.203. "Indirect cost rate" is defined as set forth at FAR 42.701.

(b) Notwithstanding the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), the allowable indirect cost under this contract shall be obtained by applying limitations on indirect cost rates to bases agreed upon by the parties, as specified below.

(c) Allowability of costs and acceptability of cost allocation methods shall be determined in accordance with FAR Subpart 31.2 in effect on the date of this contract, as limited by the indirect cost rates established by this requirement.

(d) For the first three Contractor fiscal years, the indirect cost rates contained in the Contractor's accepted contract proposal shall be incorporated into the contract schedule as limitations on indirect cost rates for each Contractor fiscal year of contract performance. The bases to which the indirect cost rates apply shall be those contained in the Contractor's accepted contract proposal and hereby, incorporated into the contract schedule, in accordance with the Contractor's accounting system upon which its proposal was based.

(e) After the first three Contractor fiscal years, the Contracting Officer and Contractor shall negotiate the limitations on indirect cost rates for subsequent Contractor fiscal years (unless the parties agree to a different period) and execute a written indirect cost rate limitation agreement setting forth the results. The agreement shall specify (1) the agreed-upon indirect cost rates, (2) the bases to which the rates apply, (3) the fiscal year (unless the parties agree to a different period) for which the rate applies, and (4) the specific items treated as direct costs or any change in the items previously agreed to be direct costs. The agreement is incorporated into this contract upon execution.

(f) Pending establishment of indirect cost rates for any subsequent Contractor fiscal year (or other period agreed to by the parties), the Contractor shall be reimbursed either at the rates fixed for the previous fiscal year or at billing rates acceptable to the Contracting Officer, subject to appropriate adjustment when the final indirect cost rates for that period are established.

(g) The Government will not be obligated to pay any additional amount should any final indirect cost rates for any Contractor fiscal year (or for any different period agreed to by the parties) after the first three fiscal years) of contract performance exceed the indirect rates incorporated into the contract schedule. In the event any of the Contractor's final indirect cost rates are less than the indirect cost rates incorporated into the contract schedule, the incorporated rates shall be reduced to conform with the lower rates.

(h) The limitations on indirect cost rate shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. If facilities capital cost of money is proposed as an allowable cost, the rates proposed shall be subject to the limitations imposed by this requirement.

(i) The limitations on the indirect cost rate shall apply to all work performed under the contract, and to all change orders and supplemental agreements, including changes due to growth, supplemental, emergent and new work.

(j) Notwithstanding any of the terms of this requirement, should the Contractor initiate a change to its accounting systems which would alter the composition of any overhead base or pool effected by this requirement, the Contracting Officer and Contractor shall negotiate to determine the rate ceilings to be applied to the new overhead pools, provided that no agreement shall be made which would increase the costs paid by the United States under this contract.

(k) The limitation on indirect cost rates specified in the Contractor's cost proposal shall be the rates used to compute the costs in the Contractor's cost proposal upon which the award is based.

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.

* See Section B Table “Fee Percentages for Cost Reimbursable Orders”

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 Procuring 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-2-0023 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 CPAF

0002 CPFF

0003 FFP

0004 NSP

Section C - Descriptions and Specifications

STATEMENT OF WORK

PART 1 – CONTRACT LINE ITEM DESCRIPTION

Items 0001, 0002, 0003 - The Contractor shall perform support in accordance with Statements of Work (SOW) as specified in individual task or delivery orders. SOW for individual orders detail efforts that fall within the scope herein.

Item 0004– The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List (CDRL), DD Form 1423, Exhibit A, per the orders issued hereunder. CDRLs included in the basic contract are representative of the data likely to be required during performance. The CDRLs invoked under individual orders shall control.

List of Referenced Specifications and Other Pertinent Documents The following documents are applicable to the tasks described herein and are for use by the Contractor in the fulfillment of those tasks as described. These documents may be updated periodically; therefore, the Contractor shall comply with the latest versions unless instructed otherwise by the Government. In the event of any conflict between this SOW, the System Specification, and the documents cited therein, the order of precedence defined in FAR 52.215-8 applies.

SUPSALV’s public website at http://www.navsea.navy.mil/Home/SUPSALV/ESSM/; SUPSALV’s secure website available at https://secure.supsalv.org;

ESSM Operations Guide;

ESSM Equipment Inventory;

1.0 General Description

The Naval Sea Systems Command’s Office of the Director of Ocean Engineering, Supervisor of Salvage and Diving (SUPSALV or NAVSEA 00C) maintains the U.S. Navy’s Emergency Ship Salvage Material (ESSM) System, which is a managed network of facilities and emergency response equipment stockpiles pre-positioned to support and augment the Navy Fleet capability in the areas of salvage, diving, pollution response, and underwater ship husbandry (UWSH). ESSM resources, including equipment and personnel, are also utilized by other agencies and activities (e.g., U.S. Coast Guard, Environmental Protection Agency (EPA), Federal Emergency Management Agency (FEMA), Military Sealift Command (MSC), and U.S. Army Corps of Engineers) in support of pollution abatement, UWSH, depot level equipment maintenance, diving, salvage, and deep ocean search and recovery operations. ESSM facilities are located within the Contiguous United States (CONUS) and in key Fleet operating areas elsewhere throughout the world. The contiguous United States consists of the 48 adjoining U.S. states plus Washington, D.C., on the continent of North America. The CONUS facilities maintain a complete inventory of all available ESSM equipment while the OCONUS facilities carry only limited amounts of ESSM equipment which may include salvage, pollution control, diving, and UWSH material that is tailored to the operational requirements in that region.

To supplement the U.S. Navy’s capabilities, SUPSALV maintains contracts with commercial sources. This indefinite-delivery, indefinite-quantity (IDIQ) contract is known as the ESSM contract. The primary purpose of the ESSM contract is to provide the engineering and technical services to man, manage, maintain, and operate the ESSM System and to provide operational and non-operational support to the Navy’s oil and hazardous substance (OHS) spill response program. Remote-site ESSM equipment operation, maintenance, and related support under this contract is also provided for the full range of UWSH, diving, salvage, and search and recovery operations. SUPSALV issues work on a task-order basis, including both the day-to-day management of the system as well as emergent issues requiring a short turn-around period.

SUPSALV relies on a Contractor to provide the manpower and expertise needed to support and perform the day-to- day activities and operations of ESSM bases, as well as provide personnel to support field operations and mission tasking. When a Delivery Order is issued, Contractor personnel develop the detailed procedures and methodologies and manage their internal resources to perform the assigned task(s). Contractor personnel work directly with their Government counterparts to establish priorities. For field operations and mission tasking, SUPSALV works directly with customers to determine technical and scope-of-work requirements, performs mission planning, and identifies funding requirements. Final determination and issuing authority for ESSM field operations and mission tasking resides with the Supervisor of Salvage or his designated deputy. The successful execution of these inter-related responsibilities requires that a close working relationship exist between Government and Contractor personnel at all levels.

The ESSM Program Manager is a part of NAVSEA 00C2, Salvage Operations Division at the Washington Navy Yard in Washington, DC, and is the Government’s primary POC for the ESSM Program, and is assisted by the Contractor ESSM Warehouse Management team. When directed, the Contractor is responsible for the full-time manning and management of ESSM facilities, including inventory control and periodic maintenance of equipment stored at ESSM complexes for immediate deployment and operation, deploying fully operational response teams with pollution control equipment, and providing ESSM operator/technician(s) when required to support the deployment of ESSM salvage, oil spill response and underwater ship husbandry equipment.

2.0 ESSM Facilities/Bases

2.1 ESSM Facilities CONUS

Two ESSM bases are located within CONUS. These bases hold similar material and equipment, including a complete inventory of ship salvage, oil spill response, and underwater ship husbandry equipment. The two CONUS facilities are:

Virginia

The Virginia ESSM facility is located at the Naval Weapons Station Cheatham Annex, Warehouse 12; Williamsburg, Virginia. The principal mission of this facility is to provide maintenance, depot level repair, and storage of salvage, oil spill response, diving, and underwater ship husbandry (UWSH) equipment; engineering; computer and drafting services; technical writing; and administrative support. The facility consists of a warehouse (Building 12) of approximately 160,000 square feet with approximately 10,000 square feet of office space, a Shop Building of approximately 15,625 square feet, a tension fabric building with no utilities of approximately 14,250 square feet, two auxiliary buildings totaling an additional 3,600 square feet, approximately 20,000 square feet of improved outdoor space, approximately 20,000 square feet of unimproved outdoor storage space.

California

The California ESSM facility is located at the U.S. Naval Base Ventura County, Port Hueneme, California. The principal mission of this facility is to provide maintenance, depot-level repair, and storage of salvage, oil spill response, and underwater ship husbandry (UWSH) equipment. The facility consists of five buildings of approximately 110,000 gross square feet that includes approximately 5,000 square feet of office space and 19,000 square feet of shop space, and open storage of approximately 66,000 square feet.

2.2 ESSM Facilities Outside CONUS

Six ESSM facilities are located outside CONUS. Their inventories include limited quantities of ship salvage material, oil spill response equipment, and UWSH equipment. This material is intended to support emergent Fleet requirements and is stored in a ready-for-issue condition.

Alaska

The Alaska ESSM facility is located on Joint Base Elmendorf-Richardson, Alaska. The facility provides limited maintenance and depot repair of salvage and oil spill response equipment, with specialized equipment for arctic conditions. The facility consists of Building 800 that contains approximately 46,300 square feet and Building 812 that contains approximately 11,700 square feet. The facility includes approximately 2,000 square feet of office space.

Hawaii

The Hawaii ESSM facility is located at Bishops Point, Joint Base Pearl Harbor-Hickam, Hawaii. The facility provides limited maintenance and depot repair of diving, salvage, oil spill response and UWSH equipment. The facility consists of Buildings 54 and 60 that together contain approximately 31,500 square feet, which includes approximately 5,000 square feet of office space.

Spain

The Spain ESSM facility is located on Naval Station Rota, Spain. The facility consists of a warehouse containing approximately 10,000 square feet and is not manned on a daily basis. The inventory consists of salvage and oil spill response equipment. The Contractor is required to maintain the inventory and perform periodic maintenance visits according to the schedule set by SUPSALV.

Bahrain

The Bahrain ESSM facility is located at the Port of Mina Sulman, Manama, Bahrain. This facility consists of a leased warehouse containing approximately 15,000 square and is not manned on a daily basis. The inventory consists of salvage, pollution, and UWSH equipment. The Contractor is required to maintain the inventory and perform periodic maintenance visits according to the schedule set by SUPSALV.

Singapore

The Singapore ESSM facility is located at the Royal Navy Senoko Fuel Depot in Sembawang, Singapore. The facility consists of a warehouse containing approximately 8,400 square feet and is not manned on a daily basis. The inventory consists of salvage, pollution, and UWSH equipment. The Contractor is required to maintain the inventory and perform periodic maintenance visits according to the schedule set by SUPSALV.

Japan

The Japan ESSM facility is located at the Akasaki Fuel Depot, U.S. Naval Station Sasebo, Japan. The facility consists of two Butler buildings containing approximately 4,000 square feet each and is not manned on a daily basis. The inventory consists of salvage, pollution, and UWSH equipment. The Contractor is required to maintain the inventory and perform periodic maintenance visits according to the schedule set by SUPSALV.

3.0 Scope

In support of the ESSM System, the Contractor may be required to perform the following functions:

· Overall manning, management and administration of the ESSM System, including providing Operational Response Teams (ORT).

· Supply and material support including inventory management, inventory control, stocking, re-supply, sparing, purchasing, transporting, shipping and receiving of ESSM equipment and associated parts and ancillary items to maintain that equipment.

· Worldwide on-site support for Navy and other federalized Oil and Hazardous Substance (OHS) spill responses, including operation of ESSM spill response equipment such as oil skimmers and oil containment boom, spill management team support, and a full range of subcontracted response services including temporary oil storage, aerial surveillance and dispersant application services, and wildlife remediation support as required by the Incident Commander.

· Non-operational spill response program support, including spill contingency planning, training, exercises, and related instructions, reports and data management.

· Design, engineering, drafting, technical writing and other logistics functions.

· Overall program coordination and support required to store, maintain, mobilize/demobilize, operate, upgrade, modify, overhaul, refurbish, fabricate, procure, and/ or test ESSM/Fleet equipment.

· Supplementation of host/tenant functions at ESSM warehouse locations when specifically authorized.

· Design, development, scheduling, planning, and conduct of training courses and training exercises in the areas of diving, UWSH, salvage and oil spill response as required.

· Mobilization and demobilization of ESSM/Fleet equipment and personnel including arranging for and obtaining transportation, shipping services and any other logistics requirements.

· Arranging for and obtaining vessels/ships/barges/platforms, handling equipment, loading and off-loading equipment, welding and burning services, and any other support services/capabilities required for field operations.

· Management and maintenance of Government warehousing facilities and offices.

· Naval architecture engineering support for complex salvage operations.

4.0 Government Furnished Functions and Property/Information

The Contractor…