N0002421R4427 A0005 Conformed.pdf

CODE

(Hour)

PAGE(S)

until local time

X

A

X B

X C X D

EX

X

G

F 112 - 121

122 - 134

X H 135 - 139 benjamin.smallenbroe@navy .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

Prescribed by GSA

FAR (48 CFR) 53.214(c)

DO-A3 1 139

(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 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

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

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

BENJAMIN SMALLENBROEK 202-781-2728

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 29

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

30 - 67

68 - 69

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

70 - 73

74 - 77 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 78 - 88 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 89 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 - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

90 - 110

PART II - CO NTRACT 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.5. DATE ISSUED

02 Nov 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0002421R4427

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

CLIN

Number

UNDEFINED Lot

COMPLEX CRUDES DOs BASE (LOT 1)

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

FOB: Destination

PSC CD: J999

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

CLIN

COMPLEX AMPHIBS DOs BASE (LOT 2)

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR COMPLEX

UNIT UNIT PRICE MAX AMOUNT

CLIN

NON-COMPLEX CRUDES DOs BASE (LOT 3)

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR NON-COMPLEX

UNIT UNIT PRICE MAX AMOUNT

CLIN

NON-COMPLEX AMPHIBS DOs BASE (LOT 4)

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR NON-COMPLEX

UNIT UNIT PRICE MAX AMOUNT

CLIN

CDRLS BASE

FFP

AS APPLICABLE, THE CONTRACTOR SHALL MEET THE

REQUIREMENTS OUTLINED IN THE CONTRACT DATA

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

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION COMPLEX CRUDES DOs OPTION (LOT 1)

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION COMPLEX AMPHIBS DOs OPTION (LOT 2)

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION NON-COMPLEX CRUDES DOs OPTION (LOT 3)

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR NON-COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION NON-COMPLEX AMPHIBS DOs OPTION (LOT 4)

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR NON-COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

OPTION CDRLS OPTION

FFP

AS APPLICABLE, THE CONTRACTOR SHALL MEET THE

REQUIREMENTS OUTLINED IN THE CONTRACT DATA

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

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR NON-COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR NON-COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

AS APPLICABLE, THE CONTRACTOR SHALL MEET THE

REQUIREMENTS OUTLINED IN THE CONTRACT DATA

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

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR NON-COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR NON-COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

AS APPLICABLE, THE CONTRACTOR SHALL MEET THE

REQUIREMENTS OUTLINED IN THE CONTRACT DATA

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

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR NON-COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR NON-COMPLEX

SCHEDULED AVAILAIBLITIES AND/OR EMERGENT MAINTENANCE,

MODERNIZATION AND REPAIR

UNIT UNIT PRICE MAX AMOUNT

CLIN

FFP

AS APPLICABLE, THE CONTRACTOR SHALL MEET THE

REQUIREMENTS OUTLINED IN THE CONTRACT DATA

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

NOTE A: LEVEL OF EFFORT TO COMPLETION – SHIP REPAIR

1. The Contractor agrees to provide the level of effort to completion (LOE to Completion) in the performance of identified growth CLINs in the execution of Delivery Orders under this IDIQ-MAC, when designated by the

Government in a Delivery Order Solicitation.

2. The total LOE to Completion shall be comprised of labor hours and the associated material required to support the expected, within scope growth. The mix of labor hours and material may be adjusted. Adjustments to the labor hour and material mix will be documented via weekly Technical Direction Letter (TDL) and subsequently unilaterally adjusted via contract modification. The Government reserves the right to reconcile the weekly TDLs via unilateral modification at the Administrative Contracting Officer’s (ACO) discretion.

3. LOE to Completion obligations 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.

4. LOE to Completion labor hours and material are not subject to FAR 52.243-1 ‘Changes – Fixed Price’ and are within the scope and pricing of this contract. The utilization of LOE to Completion is at the discretion of the

Contracting Officer and subject to the schedule phasing identified in Note F.

5. If, in the opinion of the Contractor, any effort directed in the Growth Management Request Form (GMR) calls for effort outside the scope of the contract, the Contractor shall notify the ACO in writing within two (2) working days after the receipt of any such direction. In the event of a cost dispute, the ACO may unilaterally authorize hours and material against LOE work. The Contractor shall not proceed with the work directed by the

GMR unless and until the Contractor is notified by the ACO to proceed with the directed work. The Contractor is required to proceed with the directed work as directed by the ACO. Thereafter, any remaining disagreement shall be addressed in accordance with FAR 52.233-1(Alt. 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. The labor hours and material requirements listed in each applicable Delivery Order are part of this contract.

Prime contractor efforts shall be deducted from the labor hours allocated. Subcontractor efforts and materials shall be deducted from the materials allocated. The unauthorized balance of labor hours and materials remaining in the LOE to Completion CLINs will be recouped via final contract modification at the end of the availability.

7. Only authorized direct production labor hours shall be deducted from the LOE to Completion direct labor hour ceiling set forth in Note B of each applicable Delivery Order performed under this IDIQ-MAC. Per Note B paragraph 2 below, all non-production labor shall be included in the Contractor’s fully burdened labor rate.

Non-production hours shall not be included in pricing submitted in support of growth issued under the LOE to

Completion CLINs. Additionally, Contractor LOE to Completion pricing shall not include any allowance for technical representatives or for any other Government directed source unless specifically directed by the

Government.

8. Only authorized material dollars shall be deducted from LOE to Completion material reservation set forth in each applicable Delivery Order performed under this IDIQ-MAC. This material reservation consists of the total cost of materials and subcontractor efforts proposed. All subcontractor quotes shall be included in the Change

Order Price Analysis (COPA) as per Section C, paragraph 1.12.4. Material dollars may include freight or duties if specifically itemized 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 settled cost of materials deducted from the material reservation.

9. For each applicable Delivery Order executed under this IDIQ-MAC, the ACO will issue one contract modification, based on the information received in the final report identified in Section C below, which will be a final settlement for all LOE to Completion labor hours and material dollars. Once the number of labor hours and materials for directed work has been settled, neither party shall be entitled to an adjustment because the expended labor hours and materials differ from the settled price. This shall not preclude an adjustment otherwise permitted by law and regulation; e.g. fraud, product substitution, defective workmanship or materials.

Each directed work shall receive approval by the SUPERVISOR and the ACO. (“SUPERVISOR” as defined in

NAVSEA Standard Item (NSI) 009-01, paragraph 4.3, refers to the local Government activity responsible for the execution and contract administration of Navy maintenance and modernization work.)

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

GROWTH AND NEW WORK

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

1. The Contractor’s fully burdened ship repair labor rate will be used for negotiating Firm Fixed Price (FFP)

Delivery Orders, growth and new work to be performed under this IDIQ-MAC for each Delivery Order. The fully burdened ship repair labor rate(s) and material burden rate(s) identified below reflect the ceiling rate(s) for each applicable time period. The contractor agrees that the number of hours included in its price proposal submitted in response to RCCs, GMRs and RTRs shall include only direct production hours. For these purposes, direct production 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 7 below 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 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 hours. Labor hours for the below support functions shall not be separately proposed, 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 (all types, including, but not limited to supervision of trades, support personnel and subcontractors)

Security

Surveying

Administration

Transportation

Purchasing

Staff

Lofting

Other indirect support

Handling & Warehousing

Safety/Environmental

Program Management

3. The fully burdened ship repair labor rate is a fixed hourly rate that includes all wages (i.e. straight time, overtime, shift differential, holiday time, etc.), 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 incorporated into the repaired vessel in the course of the repair, such as replacement steel, pipes, paint, and fasteners. The material burden rate applies 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 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, and/or Government authorized vendors. 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. Any material burden rate applied to new work for material only shall be approved at the discretion of the ACO, upon receipt of supporting documentation in accordance with FAR

15.404-3 ‘Subcontract Pricing Considerations.’

7. Fully Burdened Ship Repair Labor and Material Rate Schedule (transcribed from J-1, Labor and Material

Burden Rate Tab):

Base Period

Fully Burdened Ship Repair Labor Rate

Material Burden Rate

Option Period 1

Option Period 2

Option Period 3

Option Period 4

8. In the event of a one-bid or directed availability, the Contracting Officer may negotiate the Fully Burdened

Ship Repair Labor Rate and Material Burden Rate (not to exceed the ceiling rate(s) identified above) with the offeror(s) in accordance with FAR 15.4 at the Delivery Order level. The rates herein are not considered a

Forward Pricing Rate Agreement (FPRA) and are identified solely for the purpose of establishing base and option period ceilings.

9. In the event of an extension due to excusable or compensable delay the Contractor’s fully burdened ship repair labor rate shall be escalated by an amount determined at the Delivery Order level, as applicable, commencing three (3) months after the Delivery Order’s Attachment J-3 specified “Contract Complete” date. This rate shall be escalated quarterly through the 24th month, if necessary, following the “Contract Complete” date and shall be used to negotiate all growth and new work. Note, in the event of an excusable delay, this escalation rate shall be applied only to new and growth work not previously identified in the Pricing Worksheet (J-

Attachment) corresponding to the applicable Delivery Order. The material burden rate for each Delivery Order shall not increase.

NOTE C: OPTIONS

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: SCHEDULE OF DAILY CEILING RATES FOR PIERSIDE AND DRY-DOCKING (FULLY

BURDENED) FOR PURPOSES OF A COMPENSABLE EXTENSION TO THE DRY-DOCKING OR

DELIVERY DATE FOR AVAILABILITIES PERFORMED AT THE CONTRACTOR’S FACILITY

1. In the event of a compensable extension to the dry-docking or delivery date, the Contractor’s fully burdened daily ceiling rates as outlined within this Note will be used for negotiating additional dry-dock and/or pierside performance days for all CNO Delivery Orders under this IDIQ-MAC executed at the contractor’s facility under this contract.

2. The contractor agrees that the daily ceiling rates shall include all costs that run with time associated with additional performance days in accordance with the work package specification requirements of this availability. The daily ceiling rates shall include all costs associated with additional performance days (whether charged directly or indirectly by the offeror’s accounting systems) including but not limited to:

Temporary Services, including but not limited to:

o Decking services o Pumping services o Electricity

Internet Connectivity

Air Conditioning

Support Services for the Navy, its agents and Contractors

Facilities, including but not limited to:

o Piers o Drydocks o Office spaces o Trailers o Parking o Flammable Liquid Storage and Hazardous Material Storage o Material Warehousing and Lay-down space

Project Management and other labor costs that run with time including but not limited to:

o Program Management o Supervision o Integration & Scheduling o Cleaning (except tank cleaning) o Quality Assurance o Execution Planning o Security o Administration o Contracts o Purchasing o Other indirect support o Safety/Environmental

Transportation

3. The fully burdened daily ceiling rates are fixed rates that include all wages, overhead, all other indirect costs, general and administrative expenses, Facilities Capital Cost of Money (FCCOM) and profit.

4. The contract’s fixed fully burdened daily ceiling rates for pierside and dry-docking are shown below. These rates are to be used during the availability’s extension period, up to 24 months after the attachment J-3

“Contract Complete” date. These fixed rates shall be used for additional docking and pierside days:

Base Period Additional Day requiring

Availability Extension

Additional Day does not require

Additional Dry-Docking Day

Additional Pierside Day

Option Period 1 Additional Day requiring

Additional Day does not require

Option Period 2 Additional Day requiring

Additional Day does not require

Option Period 3 Additional Day requiring

Additional Day does not require

Option Period 4 Additional Day requiring

Additional Day does not require

5. The Contractor bears the burden of proving the requested extension is compensable in accordance with the contract, and establish the duration of compensability through schedule analysis utilizing the Contractor’s

Integrated Master Schedule (IMS), establishing impact to critical path and/or controlling work items. The

Government reserves the right to perform its own independent review of the Contractor’s submitted IMS. The

Contractor agrees that, in the event of such an extension, a bilateral modification will be executed with the price of the extension calculated as follows:

Total Price of Extension = D(e) * (P/D)

D(e) = Agreed Extension Days to the Delivery Date

(P/D) = Price/Day entered in “Daily Extension Rate” tab of Attachment J-4

6. The (P/D) will be utilized for modifications to extend the Delivery Order in the event of compensable delay, regardless of the number of modifications or the number of days required to meet the Schedule Milestone

“Contract Complete” within 24 months of the “Contract Complete” date. If the Contracting Officer determines a delay in meeting the “Schedule Milestone” is not compensable, no modification will be executed and the

Contractor will be directed to continue work until certified ‘Contract Complete’ by the RMC.

7. In the event the Contracting Officer determines the delay is concurrent, a bilateral modification will be executed with the price calculated as follows:

Total Price of Extension = (D(g) – D(c)) * (P/D)

D(g) = Government Responsible Delay (measured in days)

D(c) = Contractor Responsible Delay (measured in days)

(P/D) = Price/Day entered in “Daily Extension Rate” tab of Attachment J-4

The values for D(g) and D(c) will be determined by the Contracting Officer.

8. If the Contracting Officer determines the delay is excusable, a modification will be executed to extend the

Delivery Date, however, the Contractor shall not be entitled to recover its Daily Extension Rate.

9. All terms and conditions under the contract apply to all modifications to extend the delivery date. If the

Contracting Officer and Contractor are unable to reach agreement the Government reserves the right to execute a unilateral modification utilizing the parameters outlined in paragraphs 5 through 8 above. Failure to agree as to extension duration or whether a delay, or portion thereof, is compensable shall be a dispute subject to the requirements of FAR 52.233-1(Alt. 1) ‘Disputes.’

NOTE E: SPECIAL AGREEMENT FOR GROWTH WITH A PRICE OF $25,000 OR LESS

1. To make administration of small dollar value growth more efficient and less costly, both parties (Government and Contractor) agree to a pre-priced value and quantity for individual growth items with an estimated price of

$25,000 or less, to be determined at the Delivery Order level. Zero-dollar changes and administrative contract changes (for example, drawing revision change where no additional work is required) shall not be executed using the Small Dollar Value Growth procedures, but will follow the change process.

2. The Contractor shall report proposed growth work through the normal CFR process and submit a Class F estimate as part of its CFR submission. If the Contracting Officer determines the proposed work is within-scope growth and accepts the CFR as written, all estimates $17,500, or less, will be authorized through bilateral execution of GMR. In the event the scope is disputed or the Class F estimate submitted is greater than $17,500, the ACO, with coordination from the Project Manager, shall use best efforts to determine if the proposed growth is $25,000 or less, and document the agreed to technical scope of work. The Government may also independently identify growth work. The Contracting Officer shall direct commencement of all growth work.

Directed growth will be followed by documentation to appropriately reflect specification changes.

3. If the Contractor and Contracting Officer are not able to reach agreement that the price of the growth work is

$25,000, or less, then it will be adjudicated through the LOE to Completion process identified in Section B, Note A. However, if negotiations reveal the value of growth work is $25,000, or less, the directed work will be settled in accordance with the Small Dollar Value Growth procedures.

4. The Contractor and Contracting Officer shall develop a growth tracker to identify and record the number of directed occurrences under this Note. All growth meeting the criteria of paragraph 1 above shall be accepted under this clause without delay and disruption in ship redelivery.

5. When the quantity of occurrences for Small Dollar Growth is depleted, the Small Dollar Growth process shall revert to the LOE to Completion process for remaining growth.

6. Within 30 days after the end of the contract period of performance, the Contractor and Contracting Officer, utilizing the growth work tracker, shall determine the number of pre-priced occurrences not directed under this contract. Accordingly, the Contracting Officer will decrease the contract price by an amount calculated by multiplying the remaining number of occurrences by the pre-established firm fixed price per occurrence.

NOTE F: AVAILABILITY SCHEDULE PERFORMANCE

1. The Contractor shall schedule the performance of all Base and Option items in the applicable work package, so as to permit a contract scope increase up to the quantities identified in each Delivery Order executed under this IDIQ-

MAC for the following:

Total contract wide number of labor hours and material dollars to complete growth work as described in NOTE

A: LEVEL OF EFFORT TO COMPLETION –SHIP REPAIR.

Total contract wide number of Small Value Dollar Growth occurrences as described in NOTE E: SPECIAL

AGREEMENT FOR GROWTH WITH A PRICE OF $25,000 OR LESS.

2. The Contractor agrees that the growth work identified in each applicable Delivery Order, if tasked, shall be performed, purchased and installed concurrently with the work items, without impacting, accelerating, or causing delay or disruption to the work required by the base and option work items, to any other Government contract, or to any other work in progress for the Government.

3. The growth work , if required, shall be tasked during the period of performance designated in each Delivery

Order, as may be modified, on the following schedule phasing:

No more than 50% of the hours or material following the 50% schedule point of the availability (as measured in days between the “Availability Start” and “Contract Complete” milestones the applicable Delivery Order), adjusted for delay to delivery date.

No more than 25% of the hours or material following the 75% schedule point of the availability (as measured in days between the “Availability Start” and “Contract Complete” milestones in the applicable Delivery

Order), adjusted for delay to delivery date.

NOTE G: MINIMUM AND MAXIMUM IDIQ-MAC ORDER LIMITS

1. Guaranteed Minimum per IDIQ Contract: $10,000

The guaranteed minimum applies to each contract award, not on a per lot basis (i.e., if an offeror is awarded both Lots 1 & 2, the guaranteed minimum is $10,000 total). In addition, all awardees must attend the Post-Award Conference as the initial qualifying event to receive the guaranteed minimum.

2. Maximum: TBD at time of award (Each lot will have a separate maximum amount)

Lot 1 (Complex Surface Combatants)

Lot 2 (Complex Amphibious Class ships)

Lot 3 (Non-Complex Surface Combatants)

Lot 4 (Non-Complex Amphibious Class ships)

The maximum represents the potential cumulative total of orders among all IDIQ-MAC holders under all contracts awarded as a result of the solicitation, separated on a per Lot basis (e.g., each Lot will have its own maximum and an issuance of an order under Lot 1 will only apply to the maximum under Lot 1). The maximum for each Lot will be determined at time of contract award. At the time of contract award, each

CLIN will be an "estimated" (EST) value (See Attachment J-1, Pricing Workbook).

NOTE H: SOLICITATION OF COMPLEX REQUIREMENTS TO NON-COMPLEX IDIQ-MAC

HOLDERS FOR WORK OTHER THAN SCHEDULED CNO AVAILABILITIES

1. The Government reserves the right to solicit complex requirements, including work on shipboard critical systems, as outlined in Section C, paragraph 1.6, to Non-Complex IDIQ-MAC holders under this contract, when doing so is in the best interest of the Government, such as to mitigate workload congestion among

Complex vendors and/or a Non-Complex vendor can successfully complete the required work, as determined by the ACO.

NOTE I: GROUPING OF AVAILABILITIES UNDER THE MAC-IDIQ

1. The Government reserves the right to group multiple availabilities in one Delivery Order as follows:

a. Horizontal Groupings: Horizontal Groupings are competitive acquisitions comprised of no more than three

(3) individual CNO availabilities solicited as one (1) base ship with one (1) to two (2) follow-on ships to be executed as options. Option ship CLIN(s) will only be exercised if funding is available.

The base ship availability will be solicited with its full, executable work package. The work package for the base ship availability will be comprised of maintenance, modernization and repair requirements as follows:

Maintenance/Repair requirements, comprised of the vessel’s Baseline Availability Work Package

(BAWP)

Modernization requirements, comprised of vessel’s modernization program of record, based on either the most recent ship class assessments and drawings or the vessel’s actual ship class assessments and drawings.

The option ship availability(ies) will be solicited with an executable work package, which may be updated with a supplemental work package after contract award but prior to the Start of Availability (SOA). The work package for the option ship availability(ies) will be comprised of maintenance, modernization and repair requirements as follows:

Maintenance/Repair requirements, comprised of the vessel’s Baseline Availability Work Package

(BAWP), including probable repair & maintenance requirements as determined by the Government

Modernization requirements, comprised of the vessel’s modernization program of record, based on the most recent ship class assessments and drawings.

The solicitation remaining repair requirements will also include a limited amount of “base work level of effort to completion” hours and material dollars to incorporate any scope not included in the option ship availability(ies) solicited work package.

Following contract award, the Government will solicit the awarded contractor to provide a proposal to negotiate a supplemental work package into the competitively solicited work package for the option ship(s).

This supplemental work package will be comprised of both revisions to the solicited work package as well as work items representing new work scope.

The size of the supplemental work package will be limited to the solicited “base work level of effort to completion” man-hours and material dollars. Any delta between the supplemental work package above the “base work level of effort to completion” will represent “new work” and is subject to FAR Part 6 requirements. Furthermore, in order to ensure the “base work level of effort to completion” is used only to incorporate the supplemental work package, the Navy’s ability to use the “base work level of effort to completion” remaining man-hours and material dollars will expire prior to the start of the Availability.

Each Availability included in the horizontal grouping will also include growth work CLINs, including both

“growth work level of effort to completion” hours & material dollars and small dollar value growth

(SDVG) changes.

b. Vertical Groupings: A Vertical Grouping is defined as a single solicitation that includes multiple concurrent Availabilities, starting within one (1) month of each other, which the Navy may award to multiple awardees across multiple separate contracts.

Under the vertical grouping solicitation, each offeror would be required to tender a bid for all availabilities the offeror has the capability of performing.

Each Availability included in the vertical grouping will also include growth work CLINs, including both

“growth work level of effort to completion” hours & material dollars and small dollar growth (SDVG) changes, to incorporate growth.

Should the Navy desire to incorporate “new work” during Availability execution (reflecting scope that is an entirely new work item, not a revision to an existing one), this new work will be subject to FAR Part 6 requirements.

Any deviation due to lack of interest in one (1) or more of the ships within a Vertical Grouping will be addressed on a case-by-case basis.

CLAUSES INCORPORATED BY FULL TEXT

B-215-H002 REFUNDS (SPARES AND SUPPORT EQUIPMENT) (NAVSEA) (OCT 2018)

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

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

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

(2) If there is no comparable item sold in substantial quantities to the general public, intrinsic value is defined as the price an individual would expect to pay for the item based upon an economic purchase quantity as defined in FAR

52.207-4, plus the value of any unique requirements, including delivery terms, inspection, packaging or labeling.

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

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

(e) If agreement pursuant to paragraph (d) above cannot be reached, and the Navy's return of the new or unused item to the Contractor is practical, the Navy, subject to the Contractor's agreement, may elect to return the item to the Contractor.

Upon return of the item to its original point of Government acceptance, the Contractor shall refund in full the price paid.

If no agreement pursuant to paragraph (d) above is reached, and return of the item by the Navy is impractical, the

Contracting Officer may, with the approval of the Head of the Contracting Activity, issue a Contracting Officer's final decision on the matter, subject to Contractor appeal as provided in the "Disputes" clause (FAR 52.233-1).

(f) The Contractor shall make refunds, as required under this requirement, in accordance with instructions from the

Contracting Officer.

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

(h) This requirement does not apply to any spare parts or items of support equipment whose price is determined through adequate price competition. This requirement also does not apply to any spare part or item of support equipment if the

Contractor submitted, and certified the currency, accuracy and completeness of, cost or pricing data applicable to the item.

(End of text)

B-227-H001 PROVISIONING TECHNICAL DOCUMENTATION – WITHHOLDING OF PAYMENT

(NAVSEA) (OCT 2018)

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

(b) The PTD is considered to be a part of the "Technical Data" specified to be delivered under this contract for the purposes of the "Technical Data--Withholding of Payment" (DFARS 252.227-7030) clause. The terms and conditions of the clause entitled "Limitation On Withholding of Payments (FAR 52.232-9), if included in this contract, shall not apply to withholding of payment for failure to make timely delivery of the PTD or delivery of deficient PTD.

B-231-H002 WORKSITE TRAVEL COSTS (NAVSEA) (OCT 2018)

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

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

(c) This requirement pertains only to payments for travel time before or after these workers' regular shifts

(commuting costs), and does not apply to legitimate travel costs incurred during normal working hours, provided that those costs are otherwise reasonable, allocable and allowable and approved in writing by the Government. This requirement does not apply to manufacturer's representatives or Original Equipment Manufacturer (OEM) representatives when specifically required by the Government work specifications.

(d) Additionally, the contractor shall not charge, and the Government shall not pay, any transportation costs under this contract associated with transporting contractor or subcontractor personnel between the contractor's facility (or subcontractor's facility), and any other worksite to perform ship repair, maintenance or modernization.

Transportation costs include, but are not limited to, bus fare, car fare, train fare, or boat fare, paid by the work force, or paid by the contractor on behalf of the work force.

Section C - Descriptions and Specifications

SCOPE OF WORK

1. GENERAL REQUIREMENTS

1.1 PURPOSE: The Government must maintain its ships to meet current and future operational requirements.

To that end, the Government intends to utilize this supply contract for the repair, maintenance and modernization requirements of non-nuclear U.S. NAVY surface ships homeported and visiting the San

Diego, CA, homeport. Accordingly, the place of performance is the San Diego, CA port where the

Southwest Regional Maintenance Center (SWRMC) will administer the contract.

Unless specified otherwise in a Delivery Order Solicitation, all work will be performed at the IDIQ-MAC holder’s facility.

1.2 DESCRPTION: This IDIQ-MAC vehicle for Surface Combatant and Amphibious class ships shall encompass complex emergent, scheduled, continuous maintenance, modernization and repair requirements in the following primary categories:

Docking & Non-Docking CNO scheduled availabilities

Continuous Maintenance (CM) and Emergent Maintenance (EM) ship availabilities that include work on shipboard critical and non-critical systems.

1.3 GENERAL SCOPE: The Contractor, under the direction of SWRMC as an independent Contractor and not as an agent of the Government, shall furnish the material, support (electrical, crane, rigging, etc.), facilities and provide the management, technical, procurement, production, testing and quality assurance necessary to prepare and accomplish the work identified in each Delivery Order 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 successful IDIQ-MAC holder will be responsible for all work required under a Delivery Order;

regardless of whether the specific work items are performed with in-house resources or are subcontracted.

The Prime Contractor(s) are responsible for all contracted and sub-contracted labor, management, supervision, coordination, quality control, quality assurance, quality management, safety management, environmental management, material, equipment, and transportation necessary to perform the requirements of each Delivery Order. The Prime Contractor(s) shall ensure adequate resources are dedicated to comply with the standards, guidelines and procedures as stated to satisfy the requirements of each Delivery Order.

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

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

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

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

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

Procure and control material. This includes purchasing, monitoring, receiving, inspecting, segregating, issuing, determining nonconformance, and disposing of material. This also includes providing an inventory system for both Government Furnished Material and Contractor Furnished

Material, including ordering, tagging and warehousing of material. All materials selected for installation must meet the specified standard military performance specifications, Federal performance standards, and may require to be listed on a Qualified Products List (QPL) for shipboard installations to ensure meeting the designated/engineered requirements for boundary locations, fire insulating/fire retardant properties, durability requirements, and for the reduction of toxic compounds produced/released should the material be ignited or installed in a confined space.

Provide a quality control organization meeting ISO 9000 series standards.

Perform Non-Destructive Testing.

Provide Qualified Welding.

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

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

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

1.4 Delivery Orders may provide more detailed requirements than those provided in the IDIQ-MAC. If a DO does not provide a specific requirement, the terms and conditions of the IDIQ-MAC shall apply. Each DO

Solicitation will include technical documents such as work specifications, standards, drawings, publications or other documents and statements of work to allow IDIQ-MAC holders to prepare proposals.

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

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

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

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

3. Military Standards and Military Performance Specifications

4. Technical Manuals

5. Naval Operations (OPNAV) Instructions

6. Commercial and Industry Standards

7. Government Standards, Technical Drawings and Documentation

8. Joint Fleet Maintenance Manual (JFMM)

The Contractor shall comply with all NSIs to be specified in each DO as follows:

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

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

In addition to the applicable NSIs, Work Item Specifications and Work Item Plans, Drawings, and Other

References as identified in the applicable Delivery Order, additional work item references not already in the possession of the Offerors, commercially available, listed under 52.211-2, are available through the following websites:

a) https://jedmics.net/

b) https://mfom.sscno.nmci.navy.mil/MFOM/DoDStatement.aspx

c) https://nsedr.nnsy.navy.mil//

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

When necessary, Contract Data Requirement List (CDRL) requirements will be specific to each DO issued under this contract. These CDRLs will be identified by the Government as a part of the DO solicitation and shall be a requirement of that particular DO. If a DO does not provide a specific CDRLs, the terms and conditions of the IDIQ-MAC CDRLs shall apply (also see CDRL A003).

1.4.1 The Contractor shall provide an integrated milestone plan for each availability at the DO level.

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 applicable DO.

1.5 UNSCHEDULED MAINTENANCE: An essential portion of the IDIQ-MAC scope is the work outside of

CNO scheduled availabilities such as scheduled and unscheduled EM and CM Availabilities. These availabilities may require the completion of urgent work that has the potential to become ship disabling on critical and non-critical systems. In addition to DO performance evaluations related to quality and timeliness, IDIQ-MAC holders will be evaluated based on their ability to meet the following minimum requirements throughout the IDIQ-MAC’s potential five-year period of performance. In the event unscheduled maintenance is required during the execution of an availability, at the ACO’s discretion, the incumbent contractor will be given first priority to submit a proposal for the work. The incumbent must notify the contracting officer within four (4) hours of the growth or new work notification, as to whether it can accomplish the work.