N00024-18-R-4400.pdf

CODE

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until 10:00 AM local time 02 Apr 2018

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98 - 110 X H 111 - 116 lisa.carll@navy.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

DO 1 116

(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 1 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 for Details conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

LISA B. COHEN 202.781.3757

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 27

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

28 - 58 59 - 60

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

61 - 62 63 - 65

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 66 - 69 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 70 - 76 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

77 - 90

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.

N0002418FR93020

5. DATE ISSUED

31 Jan 2018

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0002418R4400

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

Base- TYCOM

FFP

1 Lot

PREPARE FOR AND ACCOMPLISH REPAIR AND ALTERATIONS ONBOARD

USS HIGGINS (DDG 76) DURING FY18 EXTENDED DRY-DOCKING SELECTED

RESTRICTED AVAILABILITY (EDSRA) (Non-prorated WIs – See attachment J-4 for list)

The Contractor shall prepare for and accomplish repair and alterations during the Extended Dry-Docking Selected Restricted Availability (EDSRA) onboard USS HIGGINS (DDG 76) as specified in the statement of work provided herein and in accordance with standard items, work item specification package SSP TPPC-DDG76- SWRMC18-CN01 drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Note B

FOB: Destination

PURCHASE REQUEST NUMBER: N0002418FR93020

NET AMT

Base- TYCOM Growth Reservation

Growth Associated with CLIN 0001.

See Notes A, B and D.

Base- PMS407 OMN

USS HIGGINS (DDG 76) DURING FY18 EXTENDED DRY-DOCKING SELECTED

RESTRICTED AVAILABILITY (EDSRA) (Non-prorated WIs – See attachment J-4 for list)

The Contractor shall prepare for and accomplish repair and alterations during the Extended Dry-Docking Selected Restricted Availability (EDSRA) onboard USS HIGGINS (DDG 76) as specified in the statement of work provided herein and in accordance with standard items, work item specification package SSP TPPC-DDG76- SWRMC18-CN01 drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Note B

Base- PMS 407 OMN Growth Reservation

Growth Associated with CLIN 0003.

See Notes A, B and D.

Base- PMS 407 OPN

USS HIGGINS (DDG 76) DURING FY18 EXTENDED DRY-DOCKING SELECTED

RESTRICTED AVAILABILITY (EDSRA) (Non-prorated WIs – See attachment J-4 for list)

The Contractor shall prepare for and accomplish repair and alterations during the Extended Dry-Docking Selected Restricted Availability (EDSRA) onboard USS HIGGINS (DDG 76) as specified in the statement of work provided herein and in accordance with standard items, work item specification package SSP TPPC-DDG76- SWRMC18-CN01 drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Note B

Base- PMS 407 OPN Growth Reservation

Growth Associated with CLIN 0005.

See Notes A, B and D.

Base- Barge (Placeholder)

USS HIGGINS (DDG 76) DURING FY18 EXTENDED DRY-DOCKING SELECTED

RESTRICTED AVAILABILITY (EDSRA) (Non-prorated WIs – See attachment J-4 for list)

The Contractor shall prepare for and accomplish repair and alterations during the Extended Dry-Docking Selected Restricted Availability (EDSRA) onboard USS HIGGINS (DDG 76) as specified in the statement of work provided herein and in accordance with standard items, work item specification package SSP TPPC-DDG76- SWRMC18-CN01 drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Note B

Data

CONTRACT DATA REQUIREMENTS LIST (CDRLs) FOR ALL CLINs, INCLUDING

OPTION CLINS, IF EXERCISED

The data to be furnished hereunder shall be prepared and submitted in accordance with the Contract Data Requirements List, DD Form 1423, Exhibits A, B and C attached hereto. The CDRLs form a part of the schedule of this solicitation.

Not Separately Priced (NSP).

Ship Alt DDG51- Work Item 980-00-003

The Contractor shall prepare for and accomplish repair and alterations during the

EXTENDED DRY-DOCKING SELECTED RESTRICTED AVAILABILITY (EDSRA)

on board USS HIGGINS (DDG 76) as specified in the statement of work provided herein and in accordance with standard items, work item specification package drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Note B.

Prorated Work Items - PMS407/TYCOM

USS HIGGINS (DDG 76) DURING FY18 EXTENDED DRY-DOCKING SELECTED

RESTRICTED AVAILABILITY (EDSRA) (Prorated WIs – See attachment J-4 for list)

The Contractor shall prepare for and accomplish repair and alterations during the

EXTENDED DRY-DOCKING SELECTED RESTRICTED AVAILABILITY (EDSRA)

onboard USS HIGGINS (DDG 76) as specified in the statement of work provided herein and in accordance with standard items, work item specification package drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Note B

Option - IWS11 Work Item

OPTION Work Item: 980-00-003

The Contractor shall prepare for and accomplish repair and alterations during the

EXTENDED DRY-DOCKING SELECTED RESTRICTED AVAILABILITY (EDSRA)

on board USS HIGGINS (DDG 76) as specified in the statement of work provided herein and in accordance with standard items, work item specification package drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Notes B and C.

Option - BMD Work Items

OPTION Work Items: 450-90-001 and 450-90-002

The Contractor shall prepare for and accomplish repair and alterations during the

EXTENDED DRY-DOCKING SELECTED RESTRICTED AVAILABILITY (EDSRA)

on board USS HIGGINS (DDG 76) as specified in the statement of work provided herein and in accordance with standard items, work item specification package drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Notes B and C.

Option - SEA05 Work Item

OPTION Work Item: 980-90-012

The Contractor shall prepare for and accomplish repair and alterations during the

EXTENDED DRY-DOCKING SELECTED RESTRICTED AVAILABILITY (EDSRA)

on board USS HIGGINS (DDG 76) as specified in the statement of work provided herein and in accordance with standard items, work item specification package drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Notes B and C.

Option - IWS 5E Work Item

OPTION Work Item: 980-90-006

The Contractor shall prepare for and accomplish repair and alterations during the

EXTENDED DRY-DOCKING SELECTED RESTRICTED AVAILABILITY (EDSRA)

on board USS HIGGINS (DDG 76) as specified in the statement of work provided herein and in accordance with standard items, work item specification package drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Notes B and C.

Option - SEA05 Work Item

OPTION Work Item: 438-90-001

The Contractor shall prepare for and accomplish repair and alterations during the

EXTENDED DRY-DOCKING SELECTED RESTRICTED AVAILABILITY (EDSRA)

on board USS HIGGINS (DDG 76) as specified in the statement of work provided herein and in accordance with standard items, work item specification package drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Notes B and C.

Option - TYCOM Work Items

OPTION Work Items: See Attachent J-4

The Contractor shall prepare for and accomplish repair and alterations during the

EXTENDED DRY-DOCKING SELECTED RESTRICTED AVAILABILITY (EDSRA)

on board USS HIGGINS (DDG 76) as specified in the statement of work provided herein and in accordance with standard items, work item specification package drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Notes B and C.

Option - SPAWAR Work Item

OPTION Work Item: 980-90-004

The Contractor shall prepare for and accomplish repair and alterations during the

EXTENDED DRY-DOCKING SELECTED RESTRICTED AVAILABILITY (EDSRA)

on board USS HIGGINS (DDG 76) as specified in the statement of work provided herein and in accordance with standard items, work item specification package drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Notes B and C.

Option - SPAWAR Work Item

OPTION Work Item: 980-90-012

The Contractor shall prepare for and accomplish repair and alterations during the

EXTENDED DRY-DOCKING SELECTED RESTRICTED AVAILABILITY (EDSRA)

on board USS HIGGINS (DDG 76) as specified in the statement of work provided herein and in accordance with standard items, work item specification package drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Notes B and C.

Option - PEOP IWS Work Item

OPTION Work Item: 980-00-001

The Contractor shall prepare for and accomplish repair and alterations during the

EXTENDED DRY-DOCKING SELECTED RESTRICTED AVAILABILITY (EDSRA)

on board USS HIGGINS (DDG 76) as specified in the statement of work provided herein and in accordance with standard items, work item specification package drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Notes B and C.

Performance Incentive

The amount of any incentive payable to the Contractor, pursuant to the clause "B-1 Performance Incentive," shall be determined in accordance with the procedures set forth in paragraph E of the clause using the evaluation factors set forth in paragraph C in the clause. The total maximum incentive available pursuant to this clause is $1,000. See clause for further details.

See Note B.

Base- ShipAlt DDG51 Growth Reservation

Growth Associated with CLIN 0009.

See Notes A, B and D.

Option- PEO IWS Growth Reservation

OPTION Growth Associated with CLIN 0019.

See Notes A, B, C and D.

Option- IWS11 Growth Reservation

OPTION Growth Associated with CLIN 0011.

See Notes A, B, C and D.

Option- BMD Growth Reservation

OPTION Growth Associated with CLIN 0012.

See Notes A, B, C and D.

Option- SEA05 Growth Reservation

OPTION Growth Associated with CLIN 0013.

See Notes A, B, C and D.

Option- IWS 5EGrowth Reservation

OPTION Growth Associated with CLIN 0014.

See Notes A, B, C and D.

Option- SEA05 Growth Reservation

OPTION Growth Associated with CLIN 0015.

See Notes A, B, C and D.

Option- TYCOM Growth Reservation

OPTION Growth Associated with CLIN 0016.

See Notes A, B, C and D.

Option- SPAWAR Growth Reservation

OPTION Growth Associated with CLIN 0017.

See Notes A, B, C and D.

Option- SPAWAR Growth Reservation

OPTION Growth Associated with CLIN 0018.

See Notes A, B, C and D.

NOTE A: LEVEL OF EFFORT TO COMPLETION –SHIP REPAIR

(a) The Contractor agrees to provide the level of effort to completion based on 119,199 manhours and

$6,750,736 materials in the performance of reservation CLINs (0002, 0004, 0006, 0029, 0030, 0031, 0032, 0033, 0034, 0035, 0036, 0037, and 0038) in support of historically based growth under this contract. The total level of effort to completion is determined by the total value of all negotiated reservation task requests (RTRs) and may not exceed the total dollar value of the level of effort listed above. Upon negotiation of each RTR, the agreed to level of effort shall convert to a completion effort. The total level of effort to completion for the performance of the above CLINs shall be man-hours of direct labor and the associated material required to support that labor and effort. The mix of labor and material may be adjusted, but may not exceed the dollar value of each CLIN listed above.

(b) Effort performed in fulfilling the level of effort to completion obligations specified above shall only include effort performed in direct support of this contract and shall not include time and effort expended on such things as (local travel to and from an employee's usual work location), uncompensated effort while on travel status, truncated lunch periods, work (actual or inferred) at an employee's residence or other non-work locations (except as provided in paragraph (j) below), or other time and effort which does not have a specific and direct contribution to the tasks described in Sections B and C.

(c)(1) The Contractor shall schedule the performance of all items of the work package, so as to permit up to a total of 119,199 direct production manhours of work to be performed as growth work to the existing work package. The contractor agrees that these manhours, if tasked, shall be performed concurrently with the aforementioned work items, during the contract period of performance, without impacting, accelerating, or causing delay or disruption to the work required by the aforementioned work items, to any other Government contract, or to any other work in progress for the Government.

(2) The growth, if required, shall be tasked during the contract period of performance, as may be modified, on the following schedule:

No more than 75% of the hours or material following the 25% schedule point the availability (as measured in days between the “Start Availability” and “End of Availability” milestones in Attachment J-3).

No more than 50% of the hours or material following the 50% schedule point the availability in Attachment J-3).

No more than 25% of the hours or material following the 75% schedule point the availability

NOTE B: FIXED SHIP REPAIR LABOR AND MATERIAL BURDEN RATES FOR GROWTH AND NEW

WORK

SCHEDULE OF PRICES / RATES: SHIP REPAIR LABOR RATE (FULLY BURDENED)

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

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

2. The fully burdened ship repair labor rate proposed by the contractor listed in paragraph 1 above shall include all costs associated with support functions (whether charged directly or indirectly by the offeror’s accounting systems) provided in support of the direct production man hour functions listed in paragraph 1 above. Support functions shall be considered to be included in the offeror’s fully burdened ship repair labor rate for direct production man hours. Labor hours for the below support functions shall not be separately proposed in any circumstance, including in support of subcontractors. Support functions include, and are not limited to, those types listed below:

Testing Quality Assurance

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

3. The fully burdened ship repair labor rate is a fixed hourly rate that includes all wages, overhead, all other indirect costs, general and administrative expenses, Facilities Capital Cost of Money (FCCOM) and profit. The fully burdened ship repair labor rate represents a blended rate including labor transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

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

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

6. For contract changes involving subcontractors, subcontractor quotes will be treated as Other Direct Costs

(ODCs) and will be subject to the contract material burden rate shown in paragraph (7) below. Subcontractor quotes must be competitively acquired and submitted with the contractor’s Change Order Price Analysis (COPA) in response to Request for Contract Changes (RCCs) and Reservation Task Requests (RTRs) issued by the Contracting Officer. At no time will the proposed total to be performed by the prime contractor combined with subcontractor quote, material quote, and applicable burdens be allowed to cost more than it would have, had the prime contractor directly provided all material and labor. The proposed total pricing restriction addressed in the preceding sentence does not apply in any case where the work is required to be performed by Original Equipment Manufacturers (OEMs), Government directed subcontractors, Government authorized vendors, or any other work at the sole discretion of the Administrative Contracting Officer. RCCs and RTRs that are subcontracted for material only (no associated labor required within the RCC) shall not be subject to the Material Burden Rate.

7. The contract fixed fully burdened ship repair labor rate and material burden rate are shown below. These fixed rates shall be used for negotiating growth and new work during the entire availability regardless of how many labor hours and material dollars are procured and negotiated.

Fully burdened Ship Repair Labor Rate TBD Material Burden Rate TBD

NOTE C: Option item to which the option clause FAR 52.217-7 applies and which is to be supplied only if and to the extent said option is exercised.

NOTE D: GROWTH RESERVATION

The growth reservation manhours and material dollar requirements listed in Section B, NOTE A and Section C, Paragraph 3.1.4 are a part of this contract under the original solicitation and award. The manhour reservation shall include both prime contractor and subcontractor efforts. The balance of hours and material remaining in the reservation CLINs after negotiations have concluded, and when it is evident that no additional growth work will be tasked, is subject to a decrease change order. Only actual production manhours expended will be considered towards the contractor’s obligation to provide the defined reservation manhour effort. While supervision, quality assurance, and other nonproduction labor should be included in the pricing for reservation items in the original bid, they shall not count towards satisfying the contractor’s obligation to provide reserved manhours. The manhour reservation shall not include any allowance for technical representatives or for any other Government directed source unless specifically addressed in the individual Work Item. Material dollars shall be based on actual costs to the Contractor of acquiring the materials provided. Material dollars may include freight or duties which would be reflected on the invoice for the material. The Contractor shall not be allowed to add material handling charges, overhead (including G&A), or profit into the actual cost of materials expended toward the reservation. The information received in the consolidated final report required by Section C Paragraph 6 will be used by the Contracting Officer in the issuance of one contract modification, which will be a final settlement for all reservation Work. The reservation in the contract is not to be considered Time and Material or a Level of Effort. This reservation is Level of Effort to Completion. Once the scope of work for a task has been listed and a mutually agreeable number of manhours or materials has been agreed to, neither party will be entitled to an adjustment based on actual manhours or material dollars required. Each task shall receive approval by, the Navy Project Manager and the Administrative Contracting Officer (ACO).

B-1 PERFORMANCE INCENTIVE

A. General

As it is in the Government’s interest to complete the USS HIGGINS (DDG-76) EDSRA (inclusive of base and all option CLINs) ahead of schedule to allow the early delivery ship back to the Fleet, the Government is interested in incentivizing the early completion of the Key Events within the contractor’s control that the Government expects should be reasonably expected to lead to this outcome.

Key Event Milestones

Milestone # Milestone Milestone Completion Date Source 1 Complete HM&E Shipyard Turnover # 1 Attachment J-3 2 Complete HM&E Shipyard Turnover # 2 Attachment J-3 3 Complete HM&E Shipyard Turnover # 3 Attachment J-3 4 Complete HM&E Shipyard Turnover # 4 Attachment J-3 5 Complete HM&E Shipyard Turnover # 5 Attachment J-3 6 Complete HM&E Shipyard Turnover # 6 Attachment J-3 7 Complete HM&E Shipyard Turnover # 7 Attachment J-3 8 PCD Attachment J-3 9 HM&E Sea Trials Complete Attachment J-3

All work required by Section C and Attachment J-1 associated with the Key Event milestones listed in the table above must be completed to be eligible for any incentive herein.

B. Available Incentive

The amount of any incentive payable to the Contractor, pursuant to this clause, shall be determined in accordance with the procedures set forth in paragraph E using the evaluation factors set forth in paragraph C below. The total maximum incentive available pursuant to this clause is $2,000,000.00.

C. Incentive Evaluation

The milestone schedule in Attachment J-3, including the schedule of milestones (1 through 9), reflect the

Government’s critical path to complete Alteration Installation Team (AIT) & 3rd Party Trade efforts and

Government & 3rd Party test and trials. Therefore, the early completion of the Availability is dependent on the early completion of ALL milestones (1 through 9). The Contractor shall complete all work required by Section C and Attachment J-1 associated with the Key Event milestones listed above to be eligible for any incentive herein.

Award of this performance incentive will be determined as follows:

For Milestones (1 through 9), the number of days that the milestone is completed early will be computed using the following formula:

D(x) = P(x) – A(x)

Where:

A(x) = Actual Completion Date for milestone (x) P(x) = Planned Completion Date for milestone (x), as provided in attachment J-3 D(x) = Days Early Completion for milestone (x)

Note 1: A(x) shall be based on the Government’s acceptance of the contractor meeting the requirements of Section C paragraph 3.5.

For Milestones 1 through 7, the incentive earned for each milestone is computed using the following formula:

Milestone 1 D(x) * $15,000 (with a maximum D(x) of 10 days; Max incentive earned = $150,000) Milestone 2 D(x) * $15,000 (with a maximum D(x) of 10 days; Max incentive earned = $150,000) Milestone 3 D(x) * $15,000 (with a maximum D(x) of 10 days; Max incentive earned = $150,000) Milestone 4 D(x) * $15,000 (with a maximum D(x) of 10 days; Max incentive earned = $150,000) Milestone 5 D(x) * $15,000 (with a maximum D(x) of 10 days; Max incentive earned = $150,000) Milestone 6 D(x) * $15,000 (with a maximum D(x) of 10 days; Max incentive earned = $150,000) Milestone 7 D(x) * $20,000 (with a maximum D(x) of 10 days; Max incentive earned = $100,000)

The step 2 incentive will be determined as follows:

The Smallest Value of D(x) across milestones (1 through 7) * $95,000, for a maximum D(x) value of 10 days. The total maximum incentive the contractor can earn under Step 2 is $950,000 ($95,000 * 10).

The contractor shall only receive an incentive under Step 2 if all milestones (across milestones 1 through 7) dates are early. If at least one milestone is on time or late, the contactor shall not be afforded any incentive under Step 2. The incentive will not be compounded between milestones– the contractor shall only receive an incentive for the milestone with the smallest value of D(x).

The step 3 incentive will be determined as follows:

The Smallest Value of D(x) across milestones (8 through 9) * $100,000, for a maximum D(x) value of 10 days. The total maximum incentive the contractor can earn under Step 3 is $1,000,000 ($100,000 * 10).

The contractor shall only receive an incentive under Step 3 all milestones (across milestones 8 through 9) dates are early. If at least one milestone is on time or late, the contactor shall not be afforded any incentive under Step 3. The incentive will not be compounded between milestones– the contractor shall only receive an incentive for the milestone with the smallest value of D(x).

The total maximum incentive the contractor can earn across Milestones 1 through 9 is $2,000,000.

Example:

Milestone

Planned Completion Date P(x)

Actual Completion Date A(x)

Days Early Completion

D (x)

Capped Days Early C ompletion

D (x) 1 Complete HM&E Shipyard Turnover #1 26-Sep-18 19-Sep-18 7 7

2 Complete HM&E Shipyard Turnover #2 10-Oct-18 28-Sep-18 11 10

3 Complete HM&E Shipyard Turnover #3 24-Oct-18 17-Oct-18 7 7

4 Complete HM&E Shipyard Turnover #4 07-Nov-18 30-Oct-18 8 8

5 Complete HM&E Shipyard Turnover #5 21-Nov-18 15-Nov-18 6 6

6 Complete HM&E Shipyard Turnover #6 05-Dec-18 28-Nov-18 7 7

7 Complete HM&E Shipyard Turnover #7 12-Dec-18 03-Dec-18 9 9

8 PCD 21-Mar-19 14-Mar-19 7 7

9 HM&E Sea Trials Complete 06-Sep-19 28-Aug-19 8 8

Example incentive earned:

Step 1: Milestone 1 (7 days * $15,000) + Milestone 2 (10 days * $15,000) + Milestone 3 (7 days * $15,000) + Milestone 4 (8 days * $15,000) + Milestone 5 (6 days * $15,000) + Milestone 6 (7 days * $15,000) + Milestone 7 (9 days * $15,000)

= $810,000

[Note: all Milestones are capped at maximum of 10 days, therefore, milestone 2 value is capped at 10 days]

Step 2: = (6 days * $95,000) = $570,000

[Note: The least early milestone across milestones 1 – 7 was6 days early. Therefore, 6 days is the applicable number of days for this portion of the incentive.]

Step 3: = (7 days * $100,000) = $700,000

[Note: The least early milestone across milestones 8 – 10 was 7 days early. Therefore, 7 days is the applicable number of days for this portion of the incentive.]

Total = $810,000+ $570,000+ $700,000 = $2,080,000

D. Performance Incentive Determining Official (PIDO) The PIDO will be the Administrative Contracting Officer (ACO). The ACO will determine the Performance Incentive due to the Contractor.

E. Performance Incentive Determination and Reclama Procedures

1. Within fifteen (15) working days after the end of the availability, the Contractor shall furnish to the PIDO written documentation and such other information as may be reasonably required to assist the PIDO in its evaluation of the contractor’s performance for the factors listed in paragraph (C).

2. The PIDO shall provide a final incentive determination within five (5) working days of receiving the

Contractor’s written letter and the contractor will be notified as provided in paragraph E.5 of this clause.

3. If the PIDO does not concur with the contractor’s letter, disagreements shall be expressed in a performance evaluation letter to the contractor. The Contractor shall submit written comments and any supporting documentation to the PIDO within five (5) working days of receiving the performance evaluation letter.

4. Within five (5) working days of receiving any Contractor comments or reclama, the PIDO shall make a final determination of the performance incentive earned.

5. Within five (5) working days of the final determination, the PIDO will notify the Contractor, in writing, of the final determination and the Contracting Officer will issue a unilateral modification to the contract to provide the Performance Incentive.

F. Finality of Incentive Determining Official's Determination of the Performance Incentive

The determinations of the amount of the Performance Incentive, if any, to be paid to the Contractor is a unilateral decision made solely at the discretion of the PIDO.

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.

CLAUSES INCORPORATED BY FULL TEXT

HQ B-2-0022 CONTRACT SUMMARY FOR PAYMENT OFFICE (FIXED PRICE) (FEB 1997)

This entire contract is fixed price.

Section C - Descriptions and Specifications

SCOPE OF WORK

1. GENERAL REQUIREMENTS

1.1 The Contractor under the direction of the Regional Maintenance Center (RMC) and as an independent Contractor and not as an agent of the Government, shall furnish the material, support (electrical, crane, rigging, etc.) and facilities (except those furnished by the Government under express provisions of this contract) and provide the management, technical, procurement, production, testing and quality assurance necessary to prepare and accomplish the repair and alteration of the FY18 USS HIGGINS (DDG 76) Extended Dry-Docking Selected Restricted Availability (EDSRA) in accordance with the requirements stated in this Section, the Work Item Specifications and Work Item Plans, Drawings, and Other References, the Delivery Schedule, and all other terms and conditions set forth in this contract. Category I NAVSEA FY18 Standard Items through CHG 1 identified under Attachment J-1 are applicable to all items without further reference.

Category II NAVSEA FY18 Standard Items through CHG 1 are applicable when invoked and/or referenced in individual work items specified in Attachment J-1.

NAVSEA Standard items may be found at:

http://www.navsea.navy.mil/Home/RMC/CNRMC/OurPrograms/SSRAC/NSI.aspx

1.2 The Contractor shall accomplish planning and scheduling to ensure a rational, integrated and timely plan for receipt, storage and installation of Government Furnished Material as identified in work item specifications, and for accomplishment of production work.

1.3 The Contractor shall provide an integrated milestone plan for the availability. These milestones will include a schedule of key events necessary to meet the contract delivery dates. A critical path analysis and a milestone schedule shall be used to measure schedule accomplishment of the functions and elements required to successfully complete the repair and alteration of FY18 USS HIGGINS (DDG 76) EDSRA within the availability dates herein.

1.4 INTEGRATED PRODUCTION SCHEDULE DEVELOPMENT, UPDATE, AND REVIEWS –

In support of NAVSEA Standard Item requirements and to confirm the contractor has all available input for development of the Integrated Production Schedule, including the development of the Integrated Work Package, Production Schedule, Integration of O, I and D level Work, Integration of AIT and SHIPALT requirements and any other contractor assigned or Third Party work scheduled for accomplishment concurrent with the CNO availability, the contractor shall, with the Regional Maintenance Center (RMC), conduct the Work Package Execution Review (WPER). The WPER will take place at the RMC located at the vessel’s homeport. The RMC will schedule the WPER per the Joint Fleet Maintenance Manual (JFMM) Milestones either as a separate event or concurrent with an Integrated Project Team Development (IPTD) event no later than A-30 for CNO availabilities. This review shall be accomplished following the JFMM, Volume II, Integrated Fleet Maintenance requirements including the Critical Time Period, First 100 Hour Plan. Final 100 Hour plan and identify any schedule or scope impact. See Appendix E of the JFMM II-I-2E-1. The JFMM can be found at https://www.submepp.csd.disa.mil/JFMM/index.htm.

The Contractor shall formally present its Integrated Production Schedule to the Navy Supervisory Authority (NSA) at the WPER, Start of the Availability, 25% complete conference, 50% complete conference, 75% complete conference, production completion meetings, and for pre Sea Trials requirements. The Integrated Production Schedule shall include Alteration Installation Teams (AIT), Government-Contracted Third Party Maintenance Providers, Ship's Force, Commercial Industrial Services (CIS), and Fleet Maintenance Activity (FMA) work to the maximum extent this information is available. At each meeting, the contractor shall present and explain, at minimum, the following information:

1.4.1 The Contractor's latest, Government approved, Integrated Production Schedule created in full compliance with Standard Item 009-60.

1.4.2 The Contractor's current progress in preparing for and/or executing the Availability in accordance with their Integrated Production Schedule. The Contractor shall provide an explanation and mitigation plan for any preparation or execution delays in comparison to their Integrated Production Schedule.

1.4.2.1 The Contractor's plan shall describe opportunities for schedule acceleration (at no cost to the Government unless directly related to a Government caused delay) and potential risks and mitigations to remaining schedule attainment.

1.5 Wherever the term “Job Order” is used in this solicitation/award, it also means “Contract.”

1.6 The Contractor shall report and recommend corrective action during contract performance for those deficiencies discovered which are not covered by the work specifications. As found conditions, needed repairs and corrective action reports will be submitted to the Government in the form of a Condition Found Report (CFR). The Contractor's conditions found reporting shall be in accordance with that set forth in Standard Item 009-01.

1.7 The Navy may send a site inspection team to perform an inspection of the contractor's facility prior to arrival of the vessel

1.8 GOVERNMENT FURNISHED MATERIAL: Government Furnished Material (GFM) cited in the solicitation will be shipped to the contractor’s facility at or before A-30. The successful offeror is to coordinate delivery of Government Furnished Material with the Project Manager. Government property permanently removed from a vessel that requires a Property Administrator's disposition instructions shall be properly prepared for shipment and be delivered as directed by the Property Administrator. GFM will be listed in paragraph 5 of the Work Item(s). The successful offeror warehouse that receives GFE is required have a DODAAC number. Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a Department of Defense unit, activity, or organization that has the authority to requisition, contract for, receive, have custody of, issue, or ship DoD assets, or fund/pay bills for materials and/or services. The first positions of the code designate the particular Service/Agency element of ownership.

1.9 FIRE PREVENTION: The contractor will meet requirements of the NAVSEA Industrial Ship Safety

Manual for Fire Prevention and Response (8010 Manual) and NAVSEA Standard Item 009-08. The contractor will account for required fire drills in the proposed work schedule.

1.10 PAINT ABATEMENT: Paint abatement, to include removal of hot paint, will be conducted in accordance with NAVSEA Standard Item 009-32. Paint abatement will be included as part of pricing for all proposals and is not subject to additional growth.

1.11 QUALITY ASSURANCE

1.11.1 QUALITY ASSURANCE PROGRAM - The Contractor shall provide and maintain a quality assurance program acceptable to the Government, and shall perform or have performed the inspections and tests pursuant to that program to substantiate that the material and workmanship provided pursuant to the job order conform to the drawings, specifications, job orders, and contract requirements listed herein. The Contractor's quality assurance program shall be in accordance with that set forth in Standard Item 009-

04. In addition to its rights under clause 252.217-7005 “Inspection and Manner of Doing Work”, the Government shall have the right to deem work or material furnished by the Contractor to be incomplete and not in accordance with the requirements of the job order by reason of the Contractor's failure to comply with the requirements of its quality assurance program and, as such, the Contractor shall not be entitled to progress payments for said work and material.

1.11.2 Quality Assurance Surveillance Plan (QASP) - The Contractor shall meet the performance/acceptable quality level requirements for each deliverable/assessment area in the QASP, Attachment J-5. There will be monetary deductions based on unfavorable contractor performance as stated in the QASP. There is no maximum dollar limit to the deductions which can be assessed against the Contractor for failing to meet the performance/acceptable quality level requirements.

1.12 IDENTIFICATION OF CONDITION FOUND- In accordance with the requirements of NAVSEA

Standard Item 009-01, the contractor shall identify needed repairs and recommend corrective action during contract performance for work/deficiencies discovered which are not covered by the existing work package. For conditions to impact the critical path(s) /controlling item(s), the contractor shall notify the government via electronic media within 24-hours of discovery. This initial notification need not include all content required for a Condition Found Report (CFR), but must include a description of the condition/deficiency and an estimated timeframe for the offeror's professional recommendation for resolution, which shall not exceed five (5) working days as specified below.

Recommended repairs and corrective actions shall be submitted to the Government in the form of a CFR (intended to represent the "Work Request" described in DFARS 252.217-7028 “Over and Above Work”) per CDRL A002.

1.12.1 CONDITION FOUND NOTIFICATION TO GOVERNMENT

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

(1) Identify contract, ship, and hull number

(2) Serialized by CFR number

(3) Identification of the applicable Work Item number

(4) Date requirement was discovered

(5) Description of the work requirement

(6) Specific location of the work

(7) Recommendation for corrective action

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

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

1.12.2 GOVERNMENT REVIEW AND RESPONSE TO CFR

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

1.13 REQUEST FOR CONTRACT CHANGE (RCC)

In the event a growth requirement or new work is validated and fully scoped, the Government may generate a Request for Contract Change (RCC) which the ACO may request a firm fixed price proposal from the contractor.

The contractor shall provide all Change Order Price Analysis (COPA) proposals to the ACO in response to RCCs within seven (7) calendar days. A contractor’s COPA shall remain valid for a minimum of 14 calendar days, unless otherwise specified on an individual RCC by the ACO; if another timeline is specified by the Government on an individual RCC, the contractor’s COPA shall remain valid for that amount of time. A COPA addressing a change to the FFP contract shall include at a minimum:

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

b. Subcontractor Quote (If applicable) * $__________

c. Material Quote (If applicable)** $__________

d. Mark-up (If applicable) $__________

*Subcontractor quotes shall include labor hours, labor rate, material (part number, description, unit cost, quantity, total cost, and vendor quotes for each line item), and tiered subcontractor quotes (if applicable)

** Material quote shall include the part number, description, unit cost, quantities, total cost, and vendor quotes for each line item

Note 1: Labor hours for both prime and subcontractor shall be provided broken down by trade and labor mix.

Note 2: The required documentation must accompany the COPA for the COPA to be considered submitted to the ACO. See Attachment J-5, QASP, for deductions associated with late or invalid COPA submittals.

If circumstances arise where the contractor is unable to submit a COPA within seven (7) calendar days, the contractor shall notify the ACO in writing of the specific circumstances and provide a revised date in which a COPA proposal will be submitted. Additional time needed to complete a COPA may be granted solely at the discretion of the ACO. The new timeframe granted, solely at the discretion of the ACO and may differ from the contractor’s request, shall be met by the contractor.

Deductions may be assessed in accordance with Attachment J-5, QASP

1.14 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER – No order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract. The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

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

1.15 NAVY MAINTENANCE DATABASE (NMD): The Contractor shall use NMD for the submission of Condition Found Reports throughout the administration of this contract. NMD is located at https://mfom.sscno.nmci.navy.mil/MFOM/DodStatement.aspx.

1.16 ORGANIZATION CHART AND EMPLOYEE ROSTER:

1.16.1 ORGANIZATION CHART - Within 30 days of contract award, submit a chart detailing each management, technical, engineering and production position from the highest company level to the lowest supervisory level. Include descriptions of each position describing the duties, responsibilities, authority and names of the individuals filling the positions. The organizational chart must represent the facility that will perform the work.

1.16.2 EMPLOYEE ROSTER: After receipt of award and prior to starting work aboard the vessel, the contractor must submit a list of employees who will work aboard ship to the Commanding Officer of the ship via the NSA Security Office. The list should be on company letterhead, include each employee's name and security clearance when required, and bear the signature of a company official.

2. LOCATION: Government provided pier space may be provided for a limited period. If the contractor elects to utilize the Government pier space, the offload period shall last no longer than 14 days from the start of the Availability before the ship transits to the Contractor’s facility. All other work shall be completed at the contractor’s facilities.

2.1 DRYDOCK CERTIFICATION - The dry-docking of all vessels shall be accomplished in dry docks certified in accordance with MIL-STD-1625D(SH) dated 27 August 2009.

3 SCHEDULE: Upon successful completion of TYCOM Sea Trials, the Contractor period of performance will end on 06SEP19 (A+390). In order to support Dock Trials, Fast Cruise and Sea Trials, USS HIGGINS must be delivered to the government no later than 26AUG19. Ship will return NBSD upon completion of contractor’s sea trials.

3.1 MILESTONES: In addition to the contract completion date of 06 September 2019, the Government has established execution dates for the milestones identified in Attachment J-3.

3.1.1 If any milestone event is not accomplished by the date provided, and the failure to accomplish any such milestone event does not arise from a cause beyond the control and without fault or negligence of the Contractor, such failure may be deemed to constitute a failure to perform this contract in accordance with its terms within the meaning of subparagraph (a)(1)(ii) of the clause of this contract entitled "DEFAULT” (DFARS 252.217- 7009).

3.1.2 The Contractor shall schedule the performance of all items in the USS HIGGINS (DDG 76) SHIP EDSRA work package, including work items included as both Base and Option items, so as to permit a contract scope increase up to 119,199 “hours” and $6,750,736 in “material” to be performed as "Additional Requirements" (including growth and new work).

“Material,” as defined for the application of this paragraph, is defined as physical deliverable materials, exclusive of prime and subcontractor labor. “Hours,” as defined for the application of this paragraph is to include both prime and subcontract labor hours. The contractor agrees that these Additional Requirements, if ordered, shall be performed concurrently with the aforementioned work items, during the contract period of performance, without impacting, accelerating, or causing delay or disruption to the work required by the…