N00024-20-R-4404_A0002 USS WASP (LHD 1) DSRA.pdf

N0002420FR62037

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this mendment is to: 1) Provide answ ers to Bidder’s Questions #4 - #9, 2) Provide changes to Section C SOW Paragraphs 1.4.3, 3.4, and 3.6, 3) Change Section C C-211-H005 Force Protection Condition from NORMAL to BRAVO to align w ith the SOW, 4) Provide Section J, Attachment J-1 Errata 2, 5) Update Section J, Attachment S-4 Manpow er Performance Data Sheet, 6) Update Section J, Attachment S-6 Value Adjusted Total Evaluated Price (VATEP), 7) Change Section L page limits for Volume II, 8) Provide updates to Section L Volume II, Factor 1 – Eligibility Factor and Factor 2 Emphasis Area A – Manpow er language, and 9) Provide updates to Section M Factor 2 Emphasis Area A Manpow er evaluation language.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 35

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 16-Mar-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N0002420R4404

X 9B. DATED (SEE ITEM 11)

25-Feb-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

16-Mar-2020

CODE

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2030

N00024 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0002420R4404

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0002

The purpose of this amendment is to:

• Provide answers to Bidder’s Questions #4 - #9

• Provide changes to Section C SOW Paragraphs 1.4.3, 3.4, and 3.6

• Change Section C C-211-H005 Force Protection Condition from NORMAL to BRAVO to align with the

SOW

• Provide Section J, Attachment J-1 Errata 2

• Update Section J, Attachment S-4 Manpower Performance Data Sheet

• Update Section J, Attachment S-6 Value Adjusted Total Evaluated Price (VATEP)

• Change Section L page limits for Volume II

• Provide updates to Section L Volume II, Factor 1 – Eligibility Factor and Factor 2 Emphasis Area A –

Manpower language

• Provide updates to Section M Factor 2 Emphasis Area A Manpower evaluation language

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

SCOPE OF WORK

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 repairs and alterations required to complete the fiscal year 2021 (FY21) DOCKING SHIP REPAIR AVAILABILITY (DSRA) onboard USS WASP 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. The Contractor shall lead or participate in periodic meetings, as required, to facilitate status reporting related to USS WASP FY21 DSRA. Forums will be conducted at a time mutually agreed to by primary participants.

These meetings include, but are not limited to, the following:

a) Post Award Conference

b) Contract Reading

c) Arrival Conference

d) Schedule Model Review in which the A-30 days Integrated Schedule is presented and reviewed for full integration of other government work. The Integrated Production Schedule (IPS) shall be developed and maintained and shall include all work project work including but not limited to: Lead Maintenance Activity or Prime Contractor (LMA), Sub- Contractor, Alteration Installation Team (AIT), Ship’s Force and Intermediate or I-Level work. Attachment J-7 provides the meeting requirements and deliverables. Project Maintenance Team forums designed to enhance work package integration and certification for Government Designated Planning Activity, NSA, Third Party/AITs, Ship's Force, and Prime Contractor.

e) Project Management Reviews such as the 25%, 50%, 75%, and other meetings required to manage the overall availability to completion.

f) Daily Production meetings.

g) Weekly Progress meeting.

h) Weekly Commanding Officer briefs.

i) Integrated Project Team Development (IPTD) C+21 days Post-Completion Meeting.

Category I NSIs identified under Attachment J-1 are applicable to all items without further reference.

Category II NSIs are applicable when invoked and/or referenced in individual work items specified in Attachment J-1. NSIs may be found at:

http://www.navsea.navy.mil/Home/RMC/CNRMC/OurPrograms/SSRAC/NSI.aspx. Contractor is obligated to submit all required reporting in accordance with applicable NSIs (See A003).

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 alterations required to complete the USS WASP FY21 DSRA within the availability dates herein (See CDRL A012).

1.4 INTEGRATED PRODUCTION SCHEDULE DEVELOPMENT, UPDATE, AND REVIEWS:

In support of NSI 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 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.

1.4.1 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 http://www.navsea.navy.mil/Home/RMC/CNRMC/OurPrograms/SSRAC/NSI.aspx https://www.submepp.csd.disa.mil/JFMM/index.htm each meeting, the contractor shall present and explain, at minimum, the following information:

1.4.1.1 The Contractor's latest, Government approved, Integrated Production Schedule created in full compliance with NSI 009-60 as well as CDRLs A012.

1.4.1.2 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 in the event of any preparation or execution delays in comparison to their Integrated Production Schedule.

1.4.1.2.1 The Contractor's plan shall describe opportunities for schedule acceleration, associated costs, and potential risks and mitigations to remaining schedule attainment.

1.4.2 In accordance with NSI 009-60 paragraph 3.1.5, the Government hereby specifies that the contractor may complete the Availability utilizing other than a 5-day workweek.

1.4.3 RESERVED

1.4.4 The weekly manpower management information, provided in accordance with NSI 009-60 paragraph 3.5, shall be provided in accordance with the requirements of CDRL A015, Attachment (1), Performance Report.

1.5 LOGISTICS: The contractor shall develop and submit all logistics and technical data required, including but not limited to provisioning parts lists, engineering data for provisioning, design change notices, interim support items lists, provisioning technical documentation, demand only transaction reports, commercial off the shelf (COTS) equipment manual revisions, tech manual revisions, and purchase orders. (See CDRLs A005, B001-B009, and C001-C002).

1.6 RESERVED.

1.7 The Government 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 work specification(s), supporting drawings, references and/or Statement of Work (SOW) will be shipped to the contractor’s facility. The successful Offeror is to coordinate delivery of GFM with the Project Manager (See CDRL A011).

1.8.1 The following is applicable to out of homeport contractors: Government Furnished Material (GFM) cited in the solicitation will be shipped to the contractor’s facility for NAVSEA and TYCOM items.

The contractor 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).

1.8.2 The following is applicable to in homeport contractors: Government Furnished Material (GFM) cited in the solicitation will be shipped to the contractor’s facility for NAVSEA items only. The contractor is to coordinate delivery of NAVSEA Government Furnished Material with the Project Manager. The contractor is to coordinate pickup of TYCOM Government Furnished Material from the Naval Base with the Project Manager. This GFM will be available at A-30 from one building on the Naval Base. Contractor shall develop pick up schedule accordingly. Transportations costs shall be included in the contract. Change order will only be issued if there is a Government caused change to the pickup date. 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).

1.9 QUALITY ASSURANCE

1.9.1 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 NSI 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 (See CDRL A006).

1.9.2 Quality Assurance – Specific Reporting Requirements: The Contractor shall submit all required reporting in accordance with Category I and invoked category II NSIs, including, but not limited to:

1.9.2.1 The Contractor shall submit all required reports associated with NSI 009-07, regarding opening and certification of tanks and spaces, in accordance with

CDRL A007.

1.9.2.2 The Contractor shall meet all Process Control Procedure (PCP) reporting requirements in accordance with NSI 009-09 and CDRL A008.

1.9.2.3 The contractor shall meet all technical reporting requirements including those set forth in NSI 009-12 (See CDRL A009).

1.9.2.4 The Contractor shall meet all requirements relating to weight and stability reports for in-service surface ships in accordance with NSI 009-103 and CDRL A0014.

1.9.3 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.

1.10 IDENTIFICATION OF CONDITION FOUND: In accordance with the requirements of NSI 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.

1.10.1 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.

1.10.2 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. Accuracy of CFR submissions 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.

1.11 DATA REQUIRED FOR REQUEST FOR CONTRACT CHANGE (RCC) AND LOE TO

COMPLETION REQUESTS: In the event a growth requirement is validated and fully scoped, the Government may generate a RCC or GMR (in support of an LOE to Completion Request) which the ACO may request a firm fixed price proposal from the contractor.

For all generated RCCs and GMRs the contractor shall provide a Change Order Price Analysis (COPA) proposal to the ACO within three (3) calendar days (See CDRL A002). A contractor’s COPA shall remain valid for a minimum of 14 calendar days, unless otherwise specified by the ACO; if another timeline is specified by the Government, the contractor’s COPA shall remain valid for that amount of time. The COPA provided 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) $__________

Note 1 – Labor Hours: Proposed labor hours to be performed by the prime contractor shall be provided broken down by paragraph, trade and labor hour mix.

Note 2 – Material: Material pricing shall include a list detailing the source, part number, description, unit cost, quantities, total cost and underlying vendor quotes for each line item.

Note 3 – Subcontractor Quotes: 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). Proposed subcontractor labor hours shall be broken down by paragraph and task.

Note 4 – Supporting Documentation: The requirements for complete submission of a COPA stated above represents the minimum and does not limit the Government from requesting additional information. In the event the ACO is unable to make a fair and reasonable determination based on the original COPA submission, the contractor shall comply with FAR 15.402(a)(2) which requires the contractor provide whatever data the ACO needs in order to determine a fair and reasonable price.

Note 5 – Late Submissions: The above documentation must accompany the COPA for the COPA to be considered submitted to the ACO. The number of days a contractor’s COPA remains valid does not begin until the COPA is considered submitted by 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 three (3) 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 which may differ from the contractor’s request, shall be met by the contractor. Notification of a late COPA does not exempt the contractor from meeting its requirement, but will be considered by the Government when conducting a CPARS evaluation and utilized for past performance ratings on future contracts. Late submission of COPAs may result in deductions assessed in accordance with Attachment J-

5, QASP.

1.12 DESCOPING OF REQUIREMENTS: The Government reserves the right to descope this contract at any time and for any reason. Descopes are incorporated into the contract via deletion RCCs and can either be a partial deletion of paragraph(s) from the work specification or deletion of a work item in its entirety.

The Government will rely on the labor rates and prices entered in Attachment J-4 Pricing Workbook for negotiating and settling RCCs.

1.12.1 Pricing of Deletion RCCs: The Contractor agrees to price deletion RCCs at the same labor rate proposed in Attachment J-4 Pricing Workbook, as follows:

1.12.1.1 Partial or full work item deletion RCCs from the basic work package will be deleted at the labor rate and material burden rate as entered in the Work Item Index tab of Attachment J-4;

1.12.1.2 Partial or full work item deletion RCCs from settled growth work or new work will be deleted at the labor rate and material burden rate as entered in the Labor & Material Burden Rate tab of Attachment J-4.

1.12.2 Settled Deleted Price:

1.12.2.1 Full Work Item Deletion: For the purposes of pricing a RCC that deletes a work item in its entirety, the Government considers each individual work item to be separately priced. The starting point for negotiations will be the Contractor’s work item price entered in the Work Item Index Tab. The burden is on the Contractor to demonstrate production costs incurred. Program management and other indirect costs will not be considered.

1.12.2.2 Partial Deletion: The contractor agrees to propose RCCs that delete a portion of a work item at the hours, material and subcontractor cost it would have required to accomplish the work. The proposed price shall include only the paragraphs affected by the partial deletion. At no time may the Contractor amend its pricing on the remaining paragraphs not being deleted from the work item.

1.13 NAVY MAINTENANCE DATABASE (NMD): The Contractor shall use NMD for the submission of

Condition Found Reports throughout the administration of this contract. In addition to the submission of reports, the contractor shall also utilize NMD to enter in data fields for check points (scheduling, inspection data, and inspection results), entering test and inspection plan (TIP) data, entering and adjudicating Corrective Action Requests (CAR) information, and CFR and Required Report submittal and management inside the program. NMD is located at https://mfom.sscno.nmci.navy.mil/MFOM/DodStatement.aspx.

1.14 ORGANIZATION CHART AND EMPLOYEE ROSTER:

1.14.1 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, as well as identification of whether each individual is assigned to the contract full time. The organizational chart must represent the facility that will perform the work.

1.14.2 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 https://mfom.sscno.nmci.navy.mil/MFOM/DodStatement.aspx 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.

1.15 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. The only exception to this is if the contractor is ordered to stop for a safety reason.

2 LOCATION

2.1 The required place of performance for the Availabilities shall be the contractor’s facility.

2.2 DRY-DOCK 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 COST, SCHEDULE AND FINANCIAL DATA

3.1 USS WASP FY21 DSRA must be delivered, mission-ready, no later than the “Contract Complete” date included in the Attachment J-3.

3.2 MILESTONES: In addition to the “Contract Complete” date included in the Attachment J-3, the

Government has established execution dates for the milestones identified in Attachment J-3. 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).

3.3 DELAYS / DISRUPTIONS: The contractor shall coordinate the work effort with the NSA Project

Manager on a daily basis to prevent changing situations from causing delays and disruptions. Disruption due to minor delays in obtaining access to spaces and operation of equipment are to be expected. A minor delay is defined as eight (8) hours or less. These disruptions are considered normal rather than unusual occurrences during the performance of tasks ordered under this contract. If, during contract performance, delays greater than those indicated above are encountered, the Contractor shall immediately verbally notify the Project Manager and Contracting Officer, followed by a written statement within 24 hours after occurrence of delay, stating time of impact, reason for delay, duration of impact, number of people affected, action taken to properly schedule the work, action taken to minimize impact, and the names of the Government person(s) contacted.

3.4 RESERVED.

3.5 MILESTONES FOR CERTAIN REPORTS: Quality Assurance Plan (QASP) Attachment J-5 Deliverable

2: The Contractor shall complete the necessary work associated with the reports due on or before the first 20% of the docking duration as well as the reports due on or before the first 20% of the availability duration and submit to the Government the required reports in the necessary format and containing the required information as specified in the Work Item in accordance with their prescribed due dates or be subject to the deductions provided in Attachment J-5 Quality Assurance Surveillance Plan.

3.6 END COST DATA: In accordance with the reporting requirements in CDRL A016, the contractor shall provide final actual prime and subcontractor labor hours, material cost and duration for each Work Item, inclusive of all definitized Request for Contract Changes (RCC) incorporated in the work package:

3.6.1 Subcontractor labor hours and material cost may be estimated based on the actual prime contractor outlay to subcontractors.

3.6.2 The contractor is not required to provide final actual prime or subcontractor labor costs, or final total actual prime or subcontractor work item costs.

4 SAFETY

4.1 SAFETY INSPECTOR / FIRE MARSHAL: In addition to the safety standards provided in the specifications, the contractor is responsible for providing an experienced Safety Inspector/Fire Marshal who will accomplish daily inspections of the Contractor's entire work area on the ship, together with the Contracting Office’s Safety Representative. This Inspector or Fire Marshal shall not be one of the Contractor's supervisors or superintendents normally assigned to the ship and shall be identified in the contractor’s approved Safety Plan.

4.2 PERSONAL PROTECTIVE EQUIPMENT: Whenever work is performed aboard U.S. Naval Ships or vessels at piers or dry docks of a Naval Shipyard or Naval Station, Contractor employees (including management personnel) shall have and use at all times the following personal protective equipment:

(a) Protective hard hats that meet the following specifications:

(1) Protective helmets purchased after July 5, 1994 shall comply with ANSI Z89.1-1986, "American National Standard for Personnel Protection-Protective Headwear for Industrial Workers- Requirements," or shall be demonstrated to be equally effective.

(2) Protective helmets purchased before July 5, 1994 shall comply with ANSI Standard "American National Standard Safety requirements for Industrial Head Protection," Z89.1-1969, or shall be demonstrated by the employer to be equally effective. [Ref. 29 CFR 1910.135 Head Protection]

(b) Approved type Plano or prescription glasses meeting the following specifications:

(1) Protective eye and face devices purchased after July 5, 1994 shall comply with ANSI standard Z87.1-1989, "American National Standard Practice for Occupational and Educational Eye and Face Protection", or shall be demonstrated by the employer to be equally effective.

(2) Protective eye and face devices purchased before July 5, 1994 shall comply with ANSI "USA standard for Occupational and Educational Eye and Face Protection", Z87.1-1968, or shall be demonstrated by the employer to be equally effective. [Ref. 29 CRF 1910.133 Protective eye and face devices.]

(c) Safety toe shoes, with built-in protective toe box that meet the following specifications:

(1) Protective footwear purchased after July 5, 1994 shall comply with ANSI Standard Z41-1991, "American National Standard for Personal Protection-Protective Footwear", or shall be demonstrated by the employer to be equally effective.

(2) Protective footwear purchased before July 5, 1994 shall comply with the ANSI standard "USA Standard for Men's Safety Toe Footwear", Z41.1 1967, or shall be demonstrated by the employer to be equally effective [Ref. 29 CFR 1910.136 Protective eye and face devices.]

4.3 BLACK OXIDE COATED THREADED FASTENERS (BOCTFs): Due to safety concerns, use of

BOCTFs is not authorized when installing or replacing threaded fasteners in the accomplishment of any work required by any Work Item in this contract.

4.4 FORCE PROTECTION CONDITION: The Government is currently in force protection condition

BRAVO. Any costs associated with delays, disruptions, or security precautions associated with this force protection condition level shall be included in your proposal. Contractors will not receive additional compensation for delays, disruptions, or security precautions associated with this force protection condition level.

4.5 FIRE DRILL: The Contractor shall coordinate the execution of a full scale fire drill with the NSA within the first 30 days after the ship's arrival at the contractor's facility. The drill will include at a minimum the requirements of the drill specified in NSIs 009-08 (Fire Protection at Contractor's Facility; Accomplish) and 009-28 (Fire Prevention Requirements). For the contractor, this drill will require all production work to stop for a minimum of 4 hours during day shift on the selected day. As part of the drill, the contractor is required to evacuate the ship, provide a muster report of all personnel safely off ship, support the drill with any firefighting personnel/company emergency procedures, and support the disconnection of temporary services at the drill site. Temporary services at the drill site will be disconnected in the process of the drill, and the contractor will be responsible for restoring them after the drill. This drill will require involvement with the local fire department. An additional fire drill may be required if the availability exceeds 180 days. All costs associated with drill and production time losses shall be included in proposal. For awareness, the government will be conducting the drill and using the evaluation criteria found in CH-12, 13, and Appendix A, of S0570-AC-CCM-010/8010.

5 OTHER REQUIREMENTS

5.1 USE/POSSESSION OF PERSONAL ELECTRONIC DEVICES (PED'S): The possession and use of portable electronic devices (PED's) within the confines of any naval vessel, or in the contractor's facility where equipment removed from the vessel is being worked, is strictly controlled. Cellular phones with digital imaging capabilities are strictly prohibited. PED's may not be connected to any Government-owned or controlled network. PED's may not be used to store or process any digital information associated with the conduct of the contract without written authorization from the Naval Supervising Activity (NSA). PED's include:

• mobile computing devices such as personal digital assistants (PDA's);

• hand-held or laptop computers;

• mobile telephone devices such as data-enabled cellular telephones;

• two-way pagers, including those with e-mail capability;

• analog and digital sound recorders; and

• digital cameras, including cellular phones with digital imaging capabilities.

5.2 NON SMOKING POLICY: For bidding purposes, contractors are advised that in light of the

Government’s policy regarding smoke-free facilities, the entire vessel, topside and below decks, is to be considered a "No Smoking Area" unless otherwise indicated by shipboard policy.

5.3 CITIZENSHIP REQUIREMENTS: The contractor shall comply with the Department of Defense

Industrial Security Manual (DoD 5220.22), and any revisions to that manual as of the Bid Opening Date prescribed, for verification of all U. S. Citizens. Prospective offerors shall refer all questions pertaining to the above to NSA, Security Manager. The DoD Industrial Security Manual can be found at:

http://www.dtic.mil/whs/directives/corres/pdf/522022_vol3_2014.pdf .

http://www.dtic.mil/whs/directives/corres/pdf/522022_vol3_2014.pdf

5.4 PAINT ABATEMENT: Abatement work will be conducted in accordance with NSI 009-32. Paint abatement will be included as part of offerors proposed pricing and is not subject to additional growth.

5.5 RESERVED.

5.6 RESERVED.

5.7 CRITICAL WORK AUTHORIZATION DURING AND BEYOND NORMAL BUSINESS HOURS: The contractor shall accept any form of electronic media or verbal Authorizations to Proceed (ATP), Not-to- Exceed (NTE) obligations and Undefinitized Contract Actions (UCAs) from the Contracting Officer during and after normal hours, including weekends and holidays.

6 ACCOUNTABILITY OF LEVEL OF EFFORT TO COMPLETION GROWTH

6.1 In addition to the specific requirements of the job order or contract, the contractor shall accomplish the following:

6.2 Following receipt of a RCC, provide to the ACO a COPA which meets the requirements of Section C, paragraph 1.11 above and a signed Growth Management Request (GMR). The Contractor must provide the COPA and sign and deliver the GMR and supporting documentation to the SUPERVISOR and ACO.

6.2.1 LOE to Completion taskings shall not be used to accomplish work outside the overall scope of the contract.

6.3 The SUPERVISOR and ACO shall review the estimate submitted and if in agreement, shall sign the GMR authorizing the work at the labor hours and material dollars quoted. NO work will be authorized until ACO direction is given.

6.3.1 In the event the contractor’s estimate differs from that of the RMC, the labor hours and material dollars shall be negotiated immediately to reach a labor hour/price agreement. The negotiated labor hour and material dollars shall then be entered into the “Negotiated Price” blocks with the required signatures. If a labor hour/price agreement cannot be reached, then the ACO may direct the contractor to accomplish the work at an unilaterally directed labor hour/price position. Any disagreement with this direction shall be addressed in accordance with FAR 52.233-1, Disputes. Additionally, if the cost of performing the disputed direction exceeds $100,000, the contractor is required to comply with FAR 52.243-6, Change Order Accounting.

6.4 Submit one legible copy, in approved transferrable media, of a weekly report listing all LOE to

Completion items to the SUPERVISOR.

6.4.1 The report shall contain the following: Work Item number, GMR number, reservation paragraph number, total original labor hours and material dollars allocated in each paragraph, the labor hour and material dollars negotiated for each authorized tasking, and the total labor hours and material dollars negotiated to date, and the remaining CLIN(s) ceiling balance(s).

6.5 A Technical Direction Letter (TDL) will be issued on a weekly basis to adjudicate all authorized

LOE to Completion tasking in order to permit the Contractor to invoice progress against the total cost of the authorized labor hours and material dollars under each CLIN.

6.6 Submit one legible copy, in approved transferrable media, of a final report no later than five days after completion of the availability to the SUPERVISOR.

6.6.1 The report shall contain the same information specified in 6.4.1.

6.7 The labor hours and material dollar requirements listed in the LOE to Completion CLINs are a part of this contract under the original solicitation and award. Therefore, they are subject to the provisions, terms, conditions and clauses of this contract job order and the Master Ship Repair Agreement (MSRA)/The Agreement for Boat Repair (ABR).

6.8 The reservation shall include prime contractor efforts under the labor hour portion of the reservation and subcontractor efforts under the material reservation.

6.9 Only actual production labor hours expended will be considered towards the contractor’s obligation to provide the defined reservation labor hour effort. While supervision, quality assurance, and other nonproductive 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 labor hours. The production labor hour reservation shall not include any allowance for technical representatives or for any other Government directed source unless specifically addressed in the individual Work Item.

6.10 Material dollars shall be based on actual costs to the Contractor of acquiring the materials. Subcontractor quotes will be considered other direct costs and likewise be deduced from the material ceiling. All subcontractor quotes shall be included in the COPA as per Section C, paragraph 1.11. 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.

6.11 The growth reservations listed in Section B, Note A, paragraph 1 and Note F, paragraph 1 are Level of

Effort to Completion. Once the scope of work for a task has been listed and a mutually agreeable number of labor hours or materials has been agreed to, neither party will be entitled to an adjustment based on actual labor hours or material dollars required. This shall not preclude an adjustment otherwise permitted by law and regulation; e.g. fraud, product substitution, defective workmanship or materials.

6.12 The balance remaining in the LOE to Completion CLINs after negotiations have concluded, and it is evident that no additional work will be tasked is subject to a decrease change order.

6.13 Clause C-217-H005 GROWTH AND NEW WORK (NAVSEA) (JAN 2019) is not applicable to the following: CLINs 0036 – 0083.

7 ACCOUNTABILITY OF SMALL DOLLAR VALUE GROWTH ITEMS

7.1 For accountability of the Small Dollar Value Growth (SDVG) items, in addition to the specific requirements of the job order or contract, the Contractor shall accomplish the following:

7.2 Once parties have agreed the value of the work identified is $25,000, or less, the Contractor, SUPERVISOR and Contracting Officer shall sign the GMR authorizing the work at the price identified in Section B, Note E. The Contractor shall provide the estimated start date. No work will be authorized prior to the Contracting Officer’s signature.

7.3 Submit one legible copy, in approved transferrable media, of a weekly report listing all SDVG items tasked to the SUPERVISOR.

7.3.1 The report shall contain the following: Work Item number; GMR number; total original quantities of SDVG occurrences obligated under each CLIN; the quantities and occurrences tasked; and the remaining balances allocated by CLIN.

7.4 A Technical Direction Letter (TDL) will be issued on a weekly basis to adjudicate all authorized SDVG tasking in order to permit the Contractor to invoice progress against the total amount allocated under each CLIN.

7.5 The Contractor shall submit one legible copy, in approved transferrable media, of a final report no later than five (5) days after completion of the availability to the SUPERVISOR.

7.5.1 The report shall contain the same information specified in Section C, paragraph 7.3.1.

7.6 The requirements listed in the SDVG CLINs are hereby included as part of this contract.

Therefore, they are subject to the provisions, terms, conditions and clauses of this contract and the MSRA/ABR.

7.7 In the event the quantity of occurrences for SDVG items is depleted, the SDVG process shall revert to the LOE to Completion process for remaining growth.

7.8 Once the scope of work for a task has been listed and an agreed to, neither party will be entitled to an adjustment based on actual labor hours or material dollars required.

8 ACCOUNTABILITY OF RESERVE GROWTH

8.1 The LOE to Completion CLINS will be administered separately than the reserve growth embedded in the individual work items in the work package.

8.2 The Contractor shall provide an estimate of labor hours and material dollars on Reservation Task Request/Control Form (RTR Control Form), entering the date and estimate of labor and material, and deliver the estimate to the SUPERVISOR, with all applicable documentation identified in Section C, paragraph 1.11.

8.2.1 A tasking shall not be used to accomplish work outside the scope of the specific Work Item identifying a RTR.

8.3 The SUPERVISOR shall review the estimate submitted and, if in agreement, shall sign the signature line designated as “RMC/NSA Authorization Agreement to Quote.” The Contractor shall then sign the signature line designated as “Contractor Obligation/Agreement to Quote” and provide the estimated start date. The Contracting officer shall then be the final signatory, providing authorization for the Contractor to start work.

8.3.1 If there is a discrepancy between the Contractor’s estimate and the Government’s position, the labor hours and material dollars shall be negotiated immediately, prior to any authorization of work. The negotiated labor hour and material dollars shall then be entered in the provided “Revised Estimate” block with the required signatures identified in Section C, paragraph 8.3.

8.4 Submit one legible copy, in approved transferrable media, of a weekly report listing all RTR Work Items to the SUPERVISOR.

8.4.1 The report shall contain the following: work item number; RTR Control Form number;

RTR paragraph number; the labor hour and material dollars negotiated for each tasking;

and the remaining labor hour and material balances allocated by Work Item.

8.5 Submit one legible copy, in approved transferrable media, of a final report no later than five (5) days after completion of the availability to the SUPERVISOR.

8.5.1 The report shall contain the same information specified in Section C, paragraph 8.4.1 above.

8.6 The RTR labor hours and material dollar requirements, listed in the individual Work Items are a part of this contract under the original solicitation and award. Therefore, they are subject to the provisions, terms, conditions and clauses of this contract job order and the MSRA/ABR.

8.7 The labor hour reservation shall include Prime Contractor efforts only. Material dollars shall be based on the Contractor’s actual costs to acquire materials and subcontractors will be considered other direct costs and deducted from the material ceiling.

8.8 The balance of hours and materials remaining in the RTR items after negotiations have concluded, and it is evident that no additional work will be tasked, is subject to a decrease change order.

8.9 The information received in the consolidated final report of Section C, paragraph 8.5 will be used by the

Contracting Officer in the issuance of one contract modification, which will be a final settlement for all RTR Work Items.

8.10 The reservations listed in the individual work items are not to be considered Time and Material or LOE to Completion. Once the scope of work for a task has been listed and the number of labor hours and amount of materials has been agreed to, neither party will be entitled to an adjustment based on the actual labor hours or material dollars required.

C-211-H005 PLANT PROTECTION (NAVSEA) (OCT 2018)

(a) In accordance with NAVSEA STANDARD ITEM (SI) 009-72, (FY21 CH 1.) the Contractor shall develop, maintain, and implement, as necessary, a Plant Protection Plan (FY 21 CH 1 ) which prescribes the actions and procedures and assigns responsibilities for actions to be taken to provide adequate protection of the ship(s) and the materials and equipment to be installed therein. A copy of SI 009-72 can be obtained from the purchasing office representative listed in Section G of the contract or via the internet by going to http://www.navsea.navy.mil/Home/RMC/CNRMC/OurPrograms/SSRAC/NSI/ and selecting the NAVSEA Standard Items (NSI) tab then select the applicable FY standard item link and then select SI 009-72.

(b) The Contractor shall establish and maintain, for its plant and the work in process under this contract, physical security boundaries and other security measures to provide safeguards against hazards, including unauthorized entry, malicious mischief, theft, espionage, sabotage, and terrorism to U.S. Naval Vessels and their crews, in accordance with SI 009-72 and Attachment A thereto. The Contractor shall also provide reasonable safeguards against vandalism and fire.

(c) The Contractor shall meet the requirements of Force Protection Condition BRAVO (as defined in SI 009-72) at all times. In addition, and in accordance with SI 009-72, the Contractor shall meet the requirements of increased levels of Force Protection as may be required or approved by the Contracting Officer, or when notified by the Supervisor, for the protection of its plant and the work in process under this contract against any threats including terrorism, espionage, sabotage, and enemy action.

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

(d) At the Supervisor’s discretion, the Contractor and the Supervisor shall negotiate a cost rate agreement applicable to each level of increased Force Protection above the BRAVO level. In addition to material costs, the labor cost rates shall be negotiated using the contractor’s and the Supervisor’s accepted common business practices. The labor and material costs to the Contractor for all safeguards so required or approved shall, to the extent allowable and allocable to this contract, be reimbursed to the Contractor in the same manner as if the Contractor has furnished such safeguards pursuant to a change order issued under the clause of this contract entitled "Changes--Fixed Price" (FAR 52.243-1) or "Changes--Cost-Reimbursement" (FAR 52.243-2), as applicable. Such costs shall not include any allowance on account of overhead expense, except shop overhead charges incident to the construction or installation of such devices or equipment.

(e) Upon payment, in accordance with the Payments provision of this contract, by the Government of the cost to the Contractor for any device or equipment required or approved under paragraph (c) above, title thereto shall vest in…