N00024-21-R-4490 Amendment 0005.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to update Note A and Note E.

1. CONTRACT ID CODE PAGE OF PAGES

1 4

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

16C. DATE SIGNED

BY 14-Jul-2021

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N0002421R4490

X 9B. DATED (SEE ITEM 11)

08-Jun-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

14-Jul-2021

CODE

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2030

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0002421R4490

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been modified:

NOTE A

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 IWO JIMA LHD7 DSRA or USS MITSCHER DDG57 DSRA:

a. 804,301 direct labor hours (labor hours) and $25,128,690 ($TBD fully burdened) materials to complete expected, within scope growth work on the USS IWO JIMA LHD7 DSRA work package under CLINS 0046 – 0111.

b. 75,847 direct labor hours (labor hours) and $2,078,980 ($TBD fully burdened) materials to complete expected, within scope growth work on the USS MITSCHER DDG57 DSRA work package under CLINS 0228 – 0254.

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 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 E

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. 893 occurrences for growth work computed at a firm fixed price of $6,986 per occurrence, as associated with CLINS 0046 – 0111 of the USS IWO JIMA (LHD 7) FY22 DSRA.

b. 302 occurrences for growth work computed at a firm fixed price of $7,050 per occurrence, as associated with CLINS 0228 – 0254 of the USS MITSCHER (DDG 57) FY22 DSRA.

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.

(End of Summary of Changes)