N00024-21-R-4485_CONFORMED THROUGH A0009.pdf

CODE

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PAGE(S)

until local time

X

A

X B

X C X D

EX

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F 137 - 149

150 - 167

H 168 - 176 jaclyn.evans@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 1 176

(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)

JACLYN V EVANS (202)781-4355

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 56

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

57 - 92

93 - 94

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

95 - 97

98 - 102 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 103 - 111 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

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

112 - 135

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.

N0002421FR62091

5. DATE ISSUED

23 Aug 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0002421R4485

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Lot

TYCOM BASE

FFP

PREPARE FOR AND ACCOMPLISH REPAIR AND ALTERATIONS

ONBOARD USS MUSTIN (DDG 89) DURING FY22 DEPOT

MODERNIZATION PERIOD (DMP)

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

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

Depot Modernization Period (DMP) onboard USS Mustin (DDG 89) as specified in the statement of work provided herein and in accordance with standard items, work item specification package drawings, test procedures, and other detailed data as included in Attachments J-1 and J-2.

See Notes A, B, D, E, F, and G

FOB: Destination

PURCHASE REQUEST NUMBER: N0002421FR62091

PSC CD: J999

NET AMT

PMS 407 - OMN BASE

FFP

PREPARE FOR AND ACCOMPLISH REPAIR AND ALTERATIONS

in the statement of work provided herein and in accordance with standard items, PMS 407 - OPN BASE

FFP

PREPARE FOR AND ACCOMPLISH REPAIR AND ALTERATIONS

in the statement of work provided herein and in accordance with standard items, RESERVED

FFP

RESERVED

Temporary Service (Prorates)

FFP

PREPARE FOR AND ACCOMPLISH REPAIR AND ALTERATIONS

in the statement of work provided herein and in accordance with standard items, OPTION Personnel Berthing Barge Support

Personnel Berthing Barge Support; provide (OPTION ITEM)

PREPARE FOR AND ACCOMPLISH REPAIR AND ALTERATIONS

in the statement of work provided herein and in accordance with standard items, See Notes A - G.

OPTION TYCOM - OPTION ITEMS

FFP

PREPARE FOR AND ACCOMPLISH REPAIR AND ALTERATIONS

in the statement of work provided herein and in accordance with standard items, OPTION OA 80817, ACSSFC IGBT Inverter Module

FFP

OrdAlt 80817, Air Cooled Solid State Frequency (ACSSFC) Insulated Gate

Bipolar Transistor (IGBT) Inverter Module and 28 Volts DC Power Supply, Alteration Installation Team (AIT) Support Service; provide (OPTION ITEM) in the statement of work provided herein and in accordance with standard items, OPTION OA 74588, FCS KAS Installation, AIT Spt

FFP

OrdAlt 74588, FCS KAS Installation, Alteration Installation Team (AIT) Support

Service; provide (OPTION ITEM) in the statement of work provided herein and in accordance with standard items, OPTION SA 95946K, C2P Tech Refresh, AlT Spt

FFP

ShipAlt DDG51-95946K, C2P Tech Refresh, Alteration Installation Team (AIT)

Support Service; provide (OPTION ITEM) in the statement of work provided herein and in accordance with standard items, OPTION SPMR AIT Support Service

FFP

Standardized Pierside Maintenance and Repair (SPMR), Alteration Installation

Team (AIT) Support Service; provide (OPTION ITEM) in the statement of work provided herein and in accordance with standard items, OPTION Fuel Assistance for Fuel Barge; provide

Fuel Assistance for Fuel Barge; provide (OPTION ITEM) in the statement of work provided herein and in accordance with standard items, OPTION Defuel Ship; accomplish (OPTION ITEM)

Defuel Ship; accomplish (OPTION ITEM) in the statement of work provided herein and in accordance with standard items, OPTION SA 88260K, Enterprise Remote Monitor Har

FFP

ShipAlt DDG51-88260K, Enterprise Remote Monitor Hardware Installation;

accomplish (OPTION ITEM) in the statement of work provided herein and in accordance with standard items, OPTION SA 891580K, AN/SQQ-89A(V)15 Tech Refresh

FFP

ShipAlt DDG51-91580K, AN/SQQ-89A(V)15 Tech Refresh; accomplish

(OPTION ITEM)

in the statement of work provided herein and in accordance with standard items, OPTION SA 80156K, AN/SLQ-32 (V)6 SEWIP Block 2

FFP

ShipAlt DDG51-80156K, AN/SLQ-32 (V)6 Surface Electronic Warfare

Improvement Program (SEWIP) Block 2 Upgrade; accomplish (OPTION ITEM) in the statement of work provided herein and in accordance with standard items, OPTION SA 79362K & OA 79362K, AWS Seawater Flow

FFP

ShipAlt 79362K and OrdAlt 79362K, AWS Seawater Flowmeter, Alteration

Installation Team (AIT) Support Service; provide (OPTION ITEM) in the statement of work provided herein and in accordance with standard items, OPTION EC 90119, Navy Cash Equipment Refresh

FFP

Engineering Change 90119, Navy Cash Equipment Refresh, Alteration Installation in the statement of work provided herein and in accordance with standard items, OPTION SA 96436K, Temporary 30MM GWS AIT Spt

FFP

ShipAlt DDG-51-96436K, Temporary 30MM Gun Weapon System (GWS), Alteration Installation Team (AIT) Support Service; provide (OPTION ITEM) in the statement of work provided herein and in accordance with standard items, OPTION SA 75360K, CBSP Tier 3, AIT Spt Svc

FFP

ShipAlt DDG-51-75360K, CBSP Tier 3, Alteration Installation Team (AIT) in the statement of work provided herein and in accordance with standard items, OPTION SA 84694K, PEOC4I DMR IW & MUOS Upgrade

FFP

ShipAlt DDG51-84694K, PEOC4I DMR IW and MUOS Upgrade, Alteration in the statement of work provided herein and in accordance with standard items, OPTION SA 86033K, MOS Modification, AIT Spt Svc

FFP

ShipAlt DDG51-86033K, MOS Modification, Alteration Installation Team (AIT) in the statement of work provided herein and in accordance with standard items, OPTION SA 91580K & 86222K, SQQ-89/NGF Install

FFP

ShipAlt DDG51-91580K and 86222K, SQQ-89/NGF Install, Alteration Installation in the statement of work provided herein and in accordance with standard items, OPTION SA 87785K, AS-4775 Link 16 Antenna, AIT

FFP

ShipAlt DDG51-87785K, AS-4775 Link 16 Antenna, Alteration Installation Team

(AIT) Support Service; provide (OPTION ITEM) in the statement of work provided herein and in accordance with standard items, OPTION SA 91027K, GPNTS(V)4, AIT Spt Svc

FFP

ShipAlt DDG51-91027K, GPNTS(V)4, Alteration Installation Team (AIT) Support

Service; provide (OPTION ITEM) in the statement of work provided herein and in accordance with standard items, OPTION SA 93987K, SSEE INC AIU Modification

FFP

ShipAlt DDG51-93987K, SSEE INC AIU Modification, Alteration Installation in the statement of work provided herein and in accordance with standard items, OPTION SA 88635K, CIWS Block 1B Overhaul, AIT

FFP

ShipAlt DDG51-88635K, CIWS Block 1B Overhaul, Alteration Installation Team in the statement of work provided herein and in accordance with standard items, OPTION SA 83335K, Phase III OPA System Improvem

FFP

ShipAlt DDG51-83335K, Phase III OPA System Improvement, Alteration in the statement of work provided herein and in accordance with standard items, OPTION SA 94294K, Canes HW2 Tech Refresh, AIT

FFP

ShipAlt DDG51-94294K, Canes HW2 Tech Refresh, Alteration Installation Team in the statement of work provided herein and in accordance with standard items, OPTION SA 85030K, PEOC41 GBS RBM, AIT Spt Svc

FFP

ShipAlt DDG51-85030K, PEOC41 GBS RBM, Alteration Installation Team (AIT) in the statement of work provided herein and in accordance with standard items, OPTION SA 84646K, SSEE Mod SA 555, AIT Spt Svc

FFP

ShipAlt DDG51-84646K, SSEE Mod SA 555, Alteration Installation Team (AIT) in the statement of work provided herein and in accordance with standard items, OPTION SA 95861K, AN/USQ T-52A(V)1 Training Int

FFP

ShipAlt DDG51-95861K, AN/USQ T-52A(V)1 Training Interface Unit, Alteration in the statement of work provided herein and in accordance with standard items, OPTION SA 94692K, N/SPS-73(V)18 Surface Scan Ra

FFP

ShipAlt DDG51-94692K, N/SPS-73(V)18 Surface Scan Radar, Alteration in the statement of work provided herein and in accordance with standard items, OPTION SA 94979K, DDG HM&E Condition System Rac

FFP

ShipAlt DDG51-94979K, DDG HM&E Condition System Rack, Alteration in the statement of work provided herein and in accordance with standard items, OPTION SA 85077K, AN/SPQ-9B Production Tech Ref

FFP

ShipAlt DDG51-85077K, AN/SPQ-9B Production Tech Refresh With PDD On

Surface Ship, Alteration Installation Team (AIT) Support Service; provide

(OPTION ITEM)

in the statement of work provided herein and in accordance with standard items, OPTION SA 90149K, ADNS AN/USQ-144K(V)2 With SP4

FFP

ShipAlt DDG51-90149K, ADNS AN/USQ-144K(V)2 With SP4, Alteration in the statement of work provided herein and in accordance with standard items, OPTION Temporary Duty Section Berthing Off-Ship

Temporary Duty Section Berthing Off-Ship; provide (OPTION ITEM) in the statement of work provided herein and in accordance with standard items, OPTION OA 80831, Guided Missile Director AS-344

FFP

OrdAlt 80831, Guided Missile Director AS-3444/SPG-62, Passive Countermeasure

System (PCMS) Installation; accomplish in the statement of work provided herein and in accordance with standard items, Growth Reservation - CLIN 0001

Growth Reservation Associated with CLIN 0001. See attachment J-4.

See Notes A - G

Growth Reservation - CLIN 0002

Growth Reservation Associated with CLIN 0002. See attachment J-4.

Growth Reservation - CLIN 0003

Growth Reservation Associated with CLIN 0003. See attachment J-4.

Growth Reservation - CLIN 0005

Growth Reservation Associated with CLIN 0005. See attachment J-4.

OPTION Growth Reservation - CLIN 0007

Growth Reservation Associated with CLIN 0007. See attachment J-4.

OPTION Growth Reservation - CLIN 0012

Growth Reservation Associated with CLIN 0012. See attachment J-4.

OPTION Growth Reservation - CLIN 0013

Growth Reservation Associated with CLIN 0013. See attachment J-4.

OPTION Growth Reservation - CLIN 0014

Growth Reservation Associated with CLIN 0014. See attachment J-4.

OPTION Growth Reservation - CLIN 0015

Growth Reservation Associated with CLIN 0015. See attachment J-4.

OPTION Growth Reservation - CLIN 0016

Growth Reservation Associated with CLIN 0016. See attachment J-4.

OPTION Growth Reservation - CLIN 0037

Growth Reservation Associated with CLIN 0037. See attachment J-4.

OPTION Growth Reservation - CLIN 0038

Growth Reservation Associated with CLIN 0038. See attachment J-4.

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 growth CLINs in the execution of the USS MUSTIN FY22 DMP:

a. 21,112 direct labor hours (labor hours) and $778,214 ($TBD fully burdened) materials to complete expected, within scope growth work on the USS MUSTIN FY22 DMP work package under CLINS 0039 – 0052.

2. The total LOE to Completion for the performance of the above growth CLINs 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 specified above shall only include effort performed in direct support of this contract and shall not include time and effort expended on such things as (local travel to and from an employee's usual work location), uncompensated effort while on travel status, truncated lunch periods, work (actual or inferred) at an employee's residence or other non-work locations.

4. LOE to Completion labor hours and material are within the scope and pricing of this contract and are not subject to an equitable adjustment under FAR 52.243-1 ‘Changes – Fixed Price’. 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 Administrative Contracting Officer

(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 Section B, Note A, paragraph 1 above 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 balance of labor hours and materials remaining in the LOE to Completion CLINs will be recouped by the Government 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 Section B, Note A, paragraph 1 above. 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 Contracting Officer.

8. Only authorized material dollars shall be deducted from LOE to Completion material reservation set forth in

Section B, Note A, paragraph 1 above. 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 1.13. 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. The information received in the consolidated final report required by Section C paragraph 6.6 will be used by the ACO in the issuance of 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 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 growth and new work to be performed under this contract. The contractor agrees that the number of hours included in its price proposal submitted in response to Requests for Contract Changes (RCCs), Growth Management Requests (GMRs) and

Reservation Task Requests (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 growth and new work 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 RCCs, GMRs and 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 shall be approved by the ACO, upon receipt of supporting documentation in accordance with FAR 15.404-3, Subcontract Pricing Considerations.

7. The contract fixed fully burdened ship repair labor rate and material burden rate are shown below. These fixed rates shall be used for negotiating growth and new work during the availability and up to three (3) months after the Attachment J-3 ‘Contract Complete’ date:

USS MUSTIN FY22 DMP

Fully Burdened Ship Repair Labor Rate TBD

Material Burden Rate TBD

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 in accordance with FAR 15.4, Contract Pricing. The rates herein are not considered a Forward Pricing

Rate Agreement (FPRA) and are identified solely for the purpose of establishing a ceiling.

9. In the event of an extension due to excusable delay to the delivery date for the USS MUSTIN FY22 DMP, the

Contractor’s fully burdened ship repair labor rate shall be escalated by 0.29% commencing 3 months after the

Attachment J-3 “Contract Complete” date. Following the “Contract Complete” date identified in Attachment J-

3 (Milestones), this rate shall be escalated quarterly through the 24th month, if necessary, 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 growth and new work not previously identified in Attachment J-4 (Pricing Workbook). The material burden rate shall not increase.

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

NOTE D: SCHEDULE OF DAILY RATES FOR PIERSIDE AND DRY-DOCKING (FULLY BURDENED)

FOR PURPOSES OF A COMPENSABLE EXTENSION TO THE DRY-DOCKING OR DELIVERY DATE

1. In the event of a compensable extension to the dry-docking or delivery date, the Contractor’s fully burdened daily rates for additional dry-dock and/or pierside performance period at the Contractor’s facility will be evaluated by the ACO upon receipt of the Contractor’s certified or other than certified cost or pricing data

(certification requirements are subject to FAR 15.403).

2. The Contractor agrees that the daily 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 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 Dry-docks 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 rates are fixed rates that include all wages, overhead, other indirect costs, general and administrative expenses, Facilities Capital Cost of Money (FCCOM) and profit.

4. The proposed, fully burdened daily rates for pierside and dry-docking may be used during the availability’s extension period, up to 24 months after the “Contract Complete” date identified in Attachment J-3 (Milestones).

If the use of these extension rates is determined to be warranted by the ACO during execution, the Contractor shall submit certified or other than certified cost or pricing data to support the rates (certification requirements are subject to FAR 15.403).

USS MUSTIN FY22 DMP Additional Day Requiring

Availability Extension

Additional Day Does Not Require

Availability Extension

Additional Dry-Docking Day TBD TBD

Additional Pierside Day TBD

5. The Contractor bears the burden of proving the requested extension is compensable in accordance with this contract, and establish the duration of compensability through schedule analysis utilizing the Production Schedule establishing impact to critical path and/or controlling work items. 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

6. The (P/D) will be utilized for any modifications to extend the contract in the event of compensable delay, impacting the pierside and dry-docking period, 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, but clearly apportioned, 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

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 a Daily Extension Rate.

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

Contracting Officer and Contractor are unable to reach agreement regarding duration or compensability, the

Government reserves the right to execute a unilateral modification utilizing the parameters outlined in paragraphs 5 through 8 above. Failure to agree on whether a compensable extension is appropriate or the duration of any delivery date extension 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 for individual growth items with an estimated price of $25,000 or less. The Contract will include a firm fixed price for growth valued at $25,000.00 or less. 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 amount included in this Contract for the growth described above shall be equal to a maximum quantity of:

a. 300 occurrences for growth work computed at a firm fixed price of $8,063 per occurrence, as associated with CLINS 0039 – 0052 for the USS MUSTIN (DDG 89) FY22 DMP.

3. 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.

4. 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 procedure at the pre-priced value per occurrence identified in Section B, Note E, Paragraph 2, above.

5. 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.

6. 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.

7. Within 30 days after the ‘Contract Complete’ date, 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 via contract modification 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 work package, so as to permit a contract scope increase up to the:

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

A: LEVEL OF EFFORT TO COMPLETION –SHIP REPAIR, paragraph 1.

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

AGREEMENT FOR GROWTH WITH A PRICE OF $25,000 OR LESS, paragraph 2.

2. The Contractor agrees that the growth work identified in Section B, Note F, Paragraph 1, above, 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 described above, if required, shall be tasked during the contract period of performance, 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 in Attachment J-3), 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 Attachment J-3), adjusted for delay to delivery date.

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)

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

CLAUSES INCORPORATED BY FULL TEXT

C-245-H002 FACILITIES TO BE GOVERNMENT FURNISHED--BASIC (NAVSEA) (MAR 2019)

(a) The estimated cost and fee, if any, and delivery schedule set forth in this contract contemplate the rent-free use of the facilities identified in paragraph (b) and in paragraph (d) below. If the Government limits or terminates the Contractor's rent-free use of said facilities, and such action affects the ability of the Contractor to perform this contract in accordance with its terms and conditions, then an equitable adjustment in the estimated cost and fee, if any, or delivery schedule, or both, shall be made pursuant to the clauses entitled "Changes--Fixed Price" (FAR 52.243-1) or "Changes--Cost-

Reimbursement" (FAR 52.243-2), as applicable, provided; however, that if the limitation or termination is due to failure by the Contractor to perform its obligations under this contract, the Contractor shall be entitled only to such adjustment as the Contracting Officer determines as a fact to be appropriate under the circumstances.

(b) The Contractor is authorized to use the facilities described below upon the prior written approval of the cognizant

Contract Administration Office, which shall determine that such facilities are required to carry out the work provided for by this contract. Immediately upon receipt of each item of approved facilities, the Contractor shall notify the cognizant

Contract Administration Office of the receipt of such facilities owned by the Government, which shall be made a part of the plant account assigned to the Contractor at that location.

DESCRIPTION AND IDENTITY OF FACILITIES

(c) In the event there is in existence a facilities management contract effective at the same plant or general location, the facilities provided hereunder shall be made subject to all the terms and conditions of the facilities management contract.

(d) In addition to those items of facilities identified in paragraph (b), above, the following items may be required for the complete performance of the work called for by this contract:

ADDITIONAL ITEMS OF FACILITIES

Accordingly, the right of the parties to agree upon such additional facilities during the term of performance of this contract is hereby expressly reserved.

SCOPE OF WORK

1. GENERAL REQUIREMENTS

1.1 The Contractor, under the direction of the Regional Maintenance Center (RMC) 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 USS MUSTIN

(DDG 89) FY22 DMP 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 MUSTIN (DDG 89) FY22 DMP.

Forums will be conducted at a time mutually agreed to by primary participants. These meetings include, but are not limited to, the following:

1.1.1 Post Award Conference

1.1.2 Contract Reading

1.1.3 Arrival Conference

1.1.4 Work Package Execution Review (WPER) and Schedule Model Review (SMR) in which the A-30 day Integrated Production Schedule (IPS) 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.

1.1.4.1 The WPER/SMR will take place at the RMC located at the vessel’s homeport

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

1.1.6 Daily Production meetings.

1.1.7 Weekly Progress meetings.

1.1.8 Weekly Commanding Officer briefs.

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

1.1.10 Provide all reports, required in accordance with NSI 009-01.

1.2 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 Contract Data Requirements List, DD 1423, Exhibit A003).

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

1.4 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.

1.5 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 MUSTIN (DDG

89) FY22 DMP within the availability dates herein.

1.6 INTEGRATED PRODUCTION SCHEDULE DEVELOPMENT, UPDATE, AND REVIEWS:

In support of NSI and CDRL requirements and to confirm the contractor has all available input for development of the IPS, 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 http://www.navsea.navy.mil/Home/RMC/CNRMC/OurPrograms/SSRAC/NSI.aspx https://jedmics.net/ https://mfom.sscno.nmci.navy.mil/MFOM/DoDStatement.aspx https://nsedr.nnsy.navy.mil/ 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. The Contractor shall submit the IPS to the Supervisor no later than 30 days after contract award Initial submissions shall specify the holiday calendar utilized.

All IPS requirements must be compliance with in FY22, Change 1 NSI 009-60 during the course of contract performance.

1.6.1 The Contractor shall formally present its IPS 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 IPS shall include Alteration Installation Teams (AIT), Government-Contracted Third Party Maintenance

Providers, Ship's Force, Commercial Industrial Services (CIS), and Fleet Maintenance Activity

(FMA) work to the maximum extent this information is available. At each meeting, the contractor shall present and explain, at minimum, the following information:

1.6.1.1 The Contractor's latest, Government approved, IPS created in full compliance with FY22, Change 1 NSI 009-60.

1.6.1.2 The Contractor's current progress in preparing for and/or executing the Availability in accordance with their IPS. The Contractor shall provide an explanation and mitigation plan in the event of any preparation or execution delays in comparison to their IPS.

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

1.6.2 In accordance with FY22, Change 1 NSI 009-60 paragraph 3.1.5, the Government hereby specifies that the contractor may complete the Availability utilizing other than a 5-day work week.

1.6.3 RESERVED.

1.6.4 RESERVED.

1.7 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, technical manual revisions, and purchase orders. (See

CDRLs A005, B001 – B009 and C001 – C002).

1.8 SMALL BUSINESS SUBCONTRACTING REPORT: The Contractor shall execute a Small Business

Subcontracting Report in…