N00024-22-R-2244 Conformed Through Amendment 0006.pdf

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Yard Oiler, Non-Self Propelled (YON) Fuel Oil Barge
Solicitation number
N00024-22-R-2244
Issued by

About this file

This is a Request for Proposal issued by the Naval Sea Systems Command to construct and deliver up to six commercially available Yard Oiler Non-Self Propelled fuel oil barges. Associated supplies and services include technical data packages, vendor recommended spare parts, crew familiarization, and packaging and delivery to various worldwide locations. This procurement is set aside for total small businesses. Offerors should submit proposals in accordance with instructions in Section L of the attached RFP. The closing date for proposals is August 15, 2022.

The RFP requires the design and construction of Yard Oiler Non-Self Propelled fuel oil barges to meet specifications in an attachment. Additional requirements include technical data packages with construction drawings, manuals, and a craft information book. The government may also order spare parts for the barges. The contractor must provide crew familiarization training and package and deliver the barges to locations specified in the RFP. Pricing is to be firm-fixed price for the base barge with options to order up to five additional barges.

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N00024-22-R-2244 Amendment 0006.pdf PDF
N00024-22-R-2244 Amendment 0005.pdf PDF
N00024-22-R-2244 Conformed through AMD 0004.pdf PDF
Addendum L-7 Pricing Summary_.xlsx XLSX spreadsheet
N00024-22-R-2244 AMD 0004.pdf PDF
N00024-22-R-2244 Amendment 0003 Conformed.pdf PDF
N00024-22-R-2244 Amendment 0003.pdf PDF
N00024-22-R-2244 Amendment 0002 Conformed.pdf PDF
N00024-22-R-2244 Amendment 0002 Modification.pdf PDF
N00024-22-R-2244 Amendment 0001 Modification.docx DOCX document
N00024-22-R-2244 Amendment 0001 Conformed.docx DOCX document
Attachment J-2 YON Data Requirements List.docx DOCX document
N00024-22-R-2244.docx DOCX document
Attachment J-1 YON Requirements Matrix.xls XLS spreadsheet
Attachment J-3 List of Acronyms.docx DOCX document
Addendum L-3 ID of Non Commercial Data.doc DOC document
Addendum L-5 Proposed Delivery Schedule.xls XLS spreadsheet
Addendum L-8 Certifications Regarding Responsibility Matters.doc DOC document
Addendum L-2 Commercial Warranty Terms.pdf PDF
Addendum L-7 Pricing Summary.xlsx XLSX spreadsheet
Attachment J-4 UID.docx DOCX document
Addendum L-4 ID of Commercial Data.doc DOC document
Addendum L-1 Bidders Questions Submittal Form.xlsx XLSX spreadsheet
Addendum L-6 Past Performance Form.doc DOC document
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SEE ADDENDUM

(No Collect Calls)

N0002422R2244 15-Jul-2022

b. TELEPHONE NUMBER

202-781-0517

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 15 Aug 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N000249. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

STEVEN NOEL

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N0002422NR68039

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SEA SYSTEMS COMMAND (HQ)

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-2020

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-A3

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

336612

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF117

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0002422R2244

Section SF 1449 - CONTINUATION SHEET

SECTION A - SOLICITATION/CONTRACT FORM

GENERAL INFORMATION

This Request for Proposals (RFP) is soliciting firm-fixed price (FFP) proposals for commercially-available Fuel Oil

Barges (YONs) that are designed and built to commercial standards. The base requirement is for one (1) YON with contract options for up to five (5) additional YONs; packaging and delivery; crew familiarization; and PIO spares.

Contractors are requested to provide firm-fixed prices for craft meeting the requirements specified in this RFP.

Instructions on information to be provided are included under Section L Instructions to Offerors. The Government intends to award a single FFP contract to the responsible Offeror whose conforming proposal is the Lowest-Price

Technically-Acceptable (LPTA) proposal.

Any contract awarded as a result of this RFP shall be subject to the terms and conditions of the Federal Acquisition

Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and Navy-Marine Corp

Acquisition Regulations (NMCARS) as applicable and shall be incorporated by reference in the contract.

All CLINs described herein shall be in accordance with the attached YON Requirements Matrix (Attachment J-1).

The RFP requirements are outlined below and in the Attachments.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Each

YON Fuel Oil Barge Craft No. 1

FFP

FOB: Origin (Shipping Point)

PURCHASE REQUEST NUMBER: N0002422NR68039

NET AMT

Each

Data for CLIN 1001 (NSP)

FFP

Data for CLIN 1001. The data to be furnished hereunder shall be prepared in accordance with Attachment J-2, Data Requirements List, attached hereto.

OPTION Delivery of Craft No. 1

FFP

See Notes A and C.

OPTION RESERVED

FFP

OPTION Crew Familiarization for Craft No. 1

FFP

See Note A.

OPTION YON Fuel Oil Barge Craft No. 2

FFP

See Note A.

OPTION Data for CLIN 2001 (NSP)

FFP

Data for CLIN 2001. The data to be furnished hereunder shall be prepared in accordance with Attachment J-2, Data Requirements List, attached hereto.

OPTION Delivery of Craft No. 2

FFP

See Notes A and C.

OPTION Crew Familiarization for Craft No. 2

FFP

See Note A.

OPTION YON Fuel Oil Barge Craft No. 3

FFP

See Note A.

OPTION Data for CLIN 3001 (NSP)

FFP

Data for CLIN 3001. The data to be furnished hereunder shall be prepared in accordance with Attachment J-2, Data Requirements List, attached hereto. See

Note A.

OPTION Delivery of Craft No. 3

FFP

See Notes A and C.

OPTION YON Fuel Oil Barge Craft No. 4

FFP

See Note A.

OPTION Data for CLIN 4001 (NSP)

FFP

Data for CLIN 4001. The data to be furnished hereunder shall be prepared in accordance with Attachment J-2, Data Requirements List, attached hereto. See

OPTION Delivery of Craft No. 4

FFP

See Notes A and C.

OPTION YON Fuel Oil Barge Craft No. 5

FFP

See Note A.

OPTION Data for CLIN 5001 (NSP)

FFP

Data for CLIN 5001. The data to be furnished hereunder shall be prepared in accordance with Attachment J-2, Data Requirements List, attached hereto. See

OPTION Delivery of Craft No. 5

FFP

See Notes A and C.

OPTION Crew Familiarization for Craft No. 5

FFP

See Note A.

OPTION YON Fuel Oil Barge Craft No. 6

FFP

See Note A.

OPTION Data for CLIN 6001 (NSP)

FFP

Data for CLIN 6001. The data to be furnished hereunder shall be prepared in accordance with Attachment J-2, Data Requirements List, attached hereto. See

OPTION Delivery of Craft No. 6

FFP

See Notes A and C.

OPTION Provisioned Item Orders (PIO)

See Notes A & B.

NOTE A

Option Items (CLINs 1003, 1004, 1005, 2003, 2004, 2005, 3001, 3002, 4001, 4002, 4003, 4004, 5001, 5002, 5003, 5004, 5005, 5006, 6001, 6002, 6003, 6004, 6005, and 7001) to which the option clause 52.217-7 under Section I is applicable, are to be supplied only if and to the extent said options are exercised. The Government is not obligated to order any or all of these items. Exercise of one option will not obligate the Government to the exercise of other options.

NOTE B

Provisional amounts for CLIN 7001 are subject to adjustment under the text of this contract entitled “C-217-H003

PROVISIONED ITEMS ORDER– ALTERNATE II,” for supplies or other requirements ordered pursuant to said clause. Amount in actual orders, if any orders are issued, will be individually priced. All orders hereunder are to be firm-fixed price. PIOs will be placed, if any, prior to the expiration of the warranty period in accordance with

Attachment L-2, Commercial Warranty Terms.

NOTE C

Delivery of associated YON Craft may be required to one of the four locations specified within Section F. In the event the Government determines such a delivery necessary, the delivery CLIN associated with the identified YON

Craft will be negotiated in accordance with FAR 52.212-4(c) and Section H Clause, H-3 Alternate Deliveries, and are excluded from evaluation under the Solicitation, pursuant to provision FAR 52.247-50, No Evaluation of

Transportation Costs.

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-232-H002 PAYMENTS ALTERNATE I (NAVSEA) (OCT 2018)

(a) Computation of Payments

(1) Until such time as physical progress in the performance of work on a vessel is fifty percent (50%) complete, the

Government, upon submission by the Contractor of invoices certified by the Contractor as hereinafter provided, will promptly make payments, on account of the total contract price, at ninety percent (90%) of the amount determined by multiplying the total contract price of such vessel by the percentage of physical progress in the performance of work on such vessel as certified by the Contractor subject to the approval of the Supervisor; provided, that no such payment shall be made in an amount which when added to the total of all payments previously made with respect to such vessel under

(i) paragraph (a) of this contract requirement and (ii) the “Economic Price Adjustment” contract requirement exceeds one hundred percent (100%) of the allowable costs certified by the Contractor on the related invoice to have been incurred in the performance of work on such vessel.

(2) After the percentage of physical progress in the performance of work on a vessel has reached fifty percent (50%), the Government, upon submission by the Contractor of invoices certified by the Contractor as hereinafter provided, will promptly make payments, on account of the total contract price, of one hundred percent (100%) of the amount determined by: (i) multiplying the total contract price of such vessel by the percentage of physical progress in the performance of work on such vessel as certified by the Contractor subject to the approval of the Supervisor, and (ii) subtracting from that product five percent (5%) of the total contract price of such vessel; provided, that no such payment shall be made in an amount which when added to the total of all payments made previously with respect to such vessel under (i) paragraph (a) of this contract requirement and (ii) the “Economic Price Adjustment” contract requirement exceeds one hundred five percent (105%) of the allowable costs certified by the Contractor on the related invoice to have been incurred in the performance of work on such vessel; provided, further, that the Contractor furnishes data on actual cumulative costs and estimated future costs acceptable to the Supervisor which demonstrates to the satisfaction of the

Supervisor that the Contractor will make a profit of at least five percent (5%) on completion of the contract, and the

Contractor provides updated information on a quarterly basis. If updated data indicate the Contractor will not make a profit of at least five percent (5%) on completion of the contract, the progress payments shall be adjusted retroactively so that the total of all payments made with respect to the vessel under (i) paragraph (a) of this contract requirement and (ii) the “Economic Price Adjustment” contract requirement shall not exceed one hundred percent (100%) of the allowable costs certified by the Contractor on the related invoice to have been incurred in the performance of work on such vessel.

(b) Invoices

Invoices may be submitted every two weeks, but not more frequently; provided, however, that if after contract award more frequent progress payments are approved by the cognizant Government authority, this requirement shall be modified accordingly without additional consideration by the Contractor to the Government for such modification. No payment will be required to be made upon invoices aggregating less than five thousand dollars ($5,000). The Contractor shall certify on each invoice:

(1) the percentage of physical progress in the performance of work on the vessel as a decimal carried to four places;

and

(2) the allowable costs incurred in the performance of the work on the vessel as of the date the invoice is submitted.

Such certification shall provide for cost category reporting in accordance with the Contractor's normal accounting system and shall be broken down into direct material, direct labor, and indirect costs.

(c) Physical Progress and Weighting Factors

(1) Within sixty (60) days after contract award the Contractor shall submit a progressing system description for review and approval by the Contracting Officer. Upon approval of such system, progress payments shall be in accordance with the approved system. Subsequent revisions to the approved system shall be submitted to the

Contracting Officer for approval prior to implementation.

(2) The mutually agreed upon weighting factors for the categories of labor and material for each vessel are set forth in Attachment to this contract. The weighting factors shall be revised quarterly. Notwithstanding the above, revision of weighting factors may be requested by either party when factual data indicate that the weighting factors then in use are no longer representative of the actual labor and material distribution. Revisions of weighting factors shall be supported by detailed (estimated final) direct material, direct labor, and indirect costs and additional data concerning the cause of the change in the weighting factors. Any change in the weighting factors shall be set forth in a supplemental agreement to this contract.

(d) Incurred Costs

For the purpose of this contract requirement, "incurred costs" are those costs identified through the use of the accrual method of accounting, as supported by the records maintained by the Contractor and which are allowable in accordance with Part 31 of the Federal Acquisition Regulation (FAR) and Part 231 of the Department of Defense FAR Supplement

(DFARS) in effect on the effective date of this contract and include only:

(1) Costs for items or services purchased directly for the contract that have been paid by cash, check, or other form of actual payment; or when the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for items or services purchased directly for the contract and associated financing payments to subcontractors provided payments will be made;

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily prior to the submission of the Contractor's next payment request to the Government; and

(2) Costs incurred, but not necessarily paid, for materials issued from the Contractor's stores inventory and placed in the production process for use on the contract, for direct labor, for direct travel, for other direct in-house costs and for properly allocable and allowable overhead (indirect) costs, all as shown by records maintained by the Contractor for the purpose of obtaining payment under Government contracts, provided that the Contractor is not delinquent in payment of costs of contract performance in the ordinary course of business; and

(3) With respect to allocated and allowable costs of pension contributions, when pension contributions are paid by the Contractor to the retirement fund less frequently than quarterly, accruals of the costs of these pension contributions shall be excluded from the Contractor's incurred costs until such costs are paid. If pension contributions are paid on a quarterly or more frequent basis, accruals of such costs may be included in the Contractor's incurred costs, provided that the pension contributions are paid to the retirement fund within thirty (30) days after the close of the period covered by payment. If payments are not paid within such thirty (30) day period, pension contributions shall be excluded from the

Contractor's incurred costs until payment therefor has been made.

(4) Incurred costs shall not include any costs which are required under any requirement of this contract (other than the “Economic Price Adjustment” contract requirement) to be reimbursed or paid by the Government to the Contractor or by the Contractor to the Government other than through an equitable adjustment in the contract price.

(5) If an overpayment is made relative to this paragraph (d), interest shall be charged at the prevailing per annum rate established by the Secretary of the Treasury, pursuant to Public Law 92-41, from the date such overpayment is made until the date the overpayment if fully recovered.

(e) Retentions

(1) Upon preliminary acceptance of each vessel and upon the submission of properly certified invoices, the

Government will pay to the Contractor the amount withheld under paragraph (a) of this requirement in respect of that vessel in excess of (i) a performance reserve in the amount of one and one-half percent (1.5%) of the total contract price for such vessel, or (ii) one hundred thousand dollars ($100,000), whichever is greater. If at any time it shall appear to the

Government that the amount of performance reserve may be insufficient to meet the cost to the Government of finishing any unfinished work under the contract for which the Contractor is responsible, or of correcting defects for which the

Contractor is responsible which are discovered prior to preliminary acceptance or during the guaranty period of any vessel, the Government may, in making payments under this requirement, deduct or withhold such additional amounts as it may determine to be necessary to render such reserve adequate; provided, that any additional amounts deducted or withheld on account of defects which are discovered during the guaranty period of the vessel shall not exceed the limit of the Contractor's liability as set forth in the contract requirement entitled "Limitation Of Contractor's Liability For

Correction Of Defects", reduced by the amounts of the cost incurred by the Contractor for work on such vessel because of Contractor responsible deficiencies which are discovered during the guaranty period of the vessel.

(2) The Government may, in its discretion, make payments prior to final settlement on account of the reserves established under this requirement, subject to such conditions precedent as the Contracting Officer may prescribe.

(3) The Government shall, at the time of final settlement, in accordance with the provisions of the contract requirement entitled "Final Settlement", pay the Contractor the balance owing to it under the contract promptly after the amount of such balance shall have been determined.

(f) Certifications and Audits

At any time or times prior to final payment under this contract, the Contracting Officer may have any invoices and statements or certifications of costs audited. The Contracting Officer may require the Contractor to submit, or make available for examination by the Contracting Officer or his designated representative, the supporting documentation upon which invoices, statements or certifications of costs are based. Each payment theretofore made shall be subject to reduction as necessary to reflect the exclusion of amounts included in the invoices or statements or certifications of costs which are found by the Contracting Officer, on the basis of such audit, not to constitute allowable costs. Any payment may be reduced for overpayments, or increased for underpayments on preceding invoices.

(g) Reduction or Suspension

The Contracting Officer may reduce or suspend payments after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (including but not limited to such requirements as quality, safety, care and protection).

(2) Performance of this contract is endangered by the Contractor’s

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PART 1: STATEMENT OF WORK

Item 1001 – YON Fuel Oil Barge Craft No. 1

The Contractor shall design and construct one YON Fuel Oil Barge as specified in this Section C and in the YON

Requirements Matrix attached hereto as Attachment J-1.

Item 1002 (AND Items 2002, 3002, 4002, 5002, and 6002 IF OPTIONS ARE EXERCISED) –Data for Item 1001

(and OPTION Items 2001, 3001, 4001, 5001, and 6001 if options are exercised) (NSP)

Data shall be prepared in accordance with this Contract, and as instructed in Attachment J-1 YON Requirements

Matrix, and Attachment J-2 Data Requirements List (DRL). The Contractor shall prepare production, logistic support, and test and trial documentation which meet the requirements of this Contract and its attachments. The

Contractor shall verify that the final technical data deliverables, in accordance with the DRL, accurately reflect the craft as delivered and as modified under this Contract at the conclusion of the warranty period in accordance with

Attachment J-7, Commercial Warranty Terms.

Item 1003 – OPTION - Delivery of Craft No. 1

The Contractor shall prepare the YON craft for shipment as specified in Section D. The Contractor shall deliver the

YON with transportation charges prepaid by the Contractor to the alternate delivery location specified in Section F.

Item 1004 – OPTION - RESERVED

Item 1005 – OPTION – Crew Familiarization for Craft No. 1

The Contractor shall provide Crew Familiarization as specified in this Section C.

Item 2001 – OPTION – YON Fuel Oil Barge Craft No. 2

The Contractor shall design and construct one YON Fuel Oil Barge as specified in this Section C and in the YON

Item 2003 – OPTION - Delivery of Craft No. 2

The Contractor shall prepare the YON craft for shipment as specified in Section D. The Contractor shall deliver the

YON with transportation charges prepaid by the Contractor to the alternate delivery location specified in Section F.

Item 2004 – OPTION - RESERVED

Item 2005 – OPTION – Crew Familiarization for Craft No. 2

Item 3001 – OPTION - YON Fuel Oil Barge Craft No. 3

The Contractor shall design and construct one YON Fuel Oil Barge as specified in this Section C and in the YON

Item 3003 – OPTION - Delivery of Craft No. 3

The Contractor shall prepare the YON craft for shipment as specified in Section D. The Contractor shall deliver the

YON with transportation charges prepaid by the Contractor to the alternate delivery location specified in Section F.

Item 4001 – OPTION - YON Fuel Oil Barge Craft No. 4

The Contractor shall design and construct one YON Fuel Oil Barge as specified in this Section C and in the YON

Item 4003 – OPTION - Delivery of Craft No. 4

The Contractor shall prepare the two (2) YON craft for shipment as specified in Section D. The Contractor shall deliver the two (2) YONs with transportation charges prepaid by the Contractor to the alternate delivery location specified in Section F.

Item 4004 – OPTION - RESERVED

Item 5001 – OPTION - YON Fuel Oil Barge Craft No. 5

The Contractor shall design and construct one YON Fuel Oil Barge as specified in this Section C and in the YON

Item 5003 – OPTION - Delivery of Craft No. 5

The Contractor shall prepare the YON craft for shipment as specified in Section D. The Contractor shall deliver the

YON with transportation charges prepaid by the Contractor to the alternate delivery location specified in Section F.

Item 5004 – OPTION - RESERVED

Item 5005 – OPTION - RESERVED

Item 5006 – OPTION – Crew Familiarization for Craft No. 5

Item 6001 – OPTION - YON Fuel Oil Barge Craft No. 6

The Contractor shall design and construct one YON Fuel Oil Barge as specified in this Section C and in the YON

Item 6003 – OPTION - Delivery of Craft No. 6

The Contractor shall prepare the YON craft for shipment as specified in Section D. The Contractor shall deliver the

YON with transportation charges prepaid by the Contractor to the alternate delivery location specified in Section F.

Item 6004 – OPTION - RESERVED

Item 6005 – OPTION - RESERVED

Item 7001 - Provisioned Item Orders (PIO)

The Government may order spares for the procured craft under this Item. Orders, if any, will be made in accordance with C-217-H003 PROVISIONED ITEM ORDERS-- ALTERNATE II – SPARES. In the event that spares are ordered, the Contractor shall be responsible for packaging and loading spares onboard the craft prior to shipment or shipping the spares separately. The Contractor shall accomplish receipt, inspection, identification, packing, marking, stowage, and loading of all spare parts, tools, test equipment and other material that may be ordered. A copy of the packing list shall be securely attached to the outside of each box for shipment with the craft.

1.0 CONTRACTOR RESPONSIBILITY FOR DESIGN

In as much as the Contract Specifications and contract design are prepared and developed by the Contractor, the

Contractor assumes the responsibility for the completeness, thoroughness and adequacy of the specifications for designing and building the Fuel Oil Barge (YON) and for its meeting the requirements of the Statement of Work

(SOW) and the Requirements Matrix. In the event there are any errors or omissions in the Contractor’s specifications, or in the accompanying information that affect the detailed design and construction of the craft, the

Contractor shall correct such errors or omissions as a part of the contract work with no increase in contract price.

Furthermore, the Contractor shall be responsible for ensuring that the craft as delivered after construction shall comply with all the applicable laws of the United States and the requirements and standards of the various

Regulatory Bodies and other organizations identified in the Requirements Documentation. The YON shall comply with:

1. American Bureau of Shipping (ABS) Rules

2. U.S. Coast Guard Regulations/Instructions

3. Institute of Electrical and Electronic Engineers Recommended Practice for Electrical Installations on

Shipboard (IEEE STD 45)

Any inquiries or comments made or not made by the Government in its evaluation of the Contractor’s specification and contract design upon which this contract is awarded are made for informational purposes and shall not relieve the Contractor of the responsibilities described above.

2.0 CREW FAMILIARIZATION (OPTION – IF EXERCISED, SEE SECTION B)

The Contractor shall provide eight (8) hours of crew familiarization per craft to personnel involved in the operation, maintenance, and repair of the craft. The familiarization shall be held at the Contractor’s facility after Acceptance

Trials and prior to craft transit. The familiarization shall provide crew orientation and a general understanding of the operation of the craft and its general arrangements. Topics to be covered include: Tank Level Indicator (TLI) system; instruments and alarms; safety and warning systems; cargo tank, piping and valve arrangements; cargo pump; cargo pump diesel engine; generator set; auxiliary fuel oil and filtering systems; fire-fighting system; and electrical system including shore power and grounding. Less than 20% of the familiarization shall be classroom instruction; the remainder of the time shall be on the barge, with a fully-qualified technical representative. The maximum number of attendees for any seminar will not exceed 20. A Government representative will be in attendance during all sessions to audit the instructor’s presentation. The Contractor shall provide handouts and other training materials to all participants. The Contractor shall maximize the use of existing documentation as instructional materials, such as equipment technical manuals, Craft Information Book, construction and equipment drawings, and other documentation as required.

3.0 SCHEDULES

The Contractor shall develop schedules necessary for the construction of the craft. Schedules shall include, in proper sequence, the actions, events and milestones, for all major stages of construction of the craft with corresponding planned start and completion dates listed as days after contract award (DACA) and the actual completion dates. A column shall be provided for comments to include an explanation of problems encountered and clarification remarks. All schedules shall be maintained current to the delivery submittal schedule requirements, and submitted, in accordance with Attachment J-2. All schedules shall be provided to the Government upon request.

The Craft Master Construction/Key Event production schedule shall show the flow of construction progress from beginning to end. Events are to be identified as a completed action during the construction phase. The schedule shall include the event, the percent of labor required to complete that item, the cumulative percent of labor, the original estimated completion date, and the current estimated or actual completion date.

The Drawing Schedule shall consist of a listing of drawings with the following information: drawing title, NAVSEA drawing number, latest revision letter, scheduled issue dates, actual issue dates, and revised dates.

The Paint Schedule shall list each component/space to be painted, surface preparation, insulation, primer, stripe coat application and each overcoat. Colors, types, number of coats, Dry Film Thickness (DFT), application method, brand names and manufacturer, product data sheets and remarks shall be included.

A Paint Application Report, signed by a paint manufacturer’s representative shall be provided certifying that the paint has been applied under supervision of the paint manufacturer’s representative and in accordance with the manufacturer’s recommendations. The application report shall include the coating manufacturer name, coating name, coating batch number, application area, date and time of application, surface preparation, environmental conditions (weather, temperature, humidity, dew point, surface temperature), and random film thickness measurements for each application.

4.0 TECHNICAL DATA PACKAGE (TDP)

4.1 Scope. The Contractor shall provide a complete Technical Data Package (TDP) to include

Construction Drawings and Associated Lists, Commercial Off-the-Shelf (COTS) Technical Manuals, Craft Information Book (CIB), and Vendor Recommended Spares (VRS) Listings. The Technical Data

Package shall include all information necessary for proper evaluation, acceptance, operations, support, maintenance, and repair of the craft as described below and in items 08500.01 through 08600.04 in the attached YON Requirements Matrix (Attachment J-1). All items composing the TDP shall match the as-built configuration of the craft. Final versions of all items composing the TDP shall incorporate all comments previously received from the Government.

4.2 Detailed Requirements. Detailed requirements shall be as follows:

4.2.1 Commercial Off-the-Shelf (COTS) Technical Manuals. The Contractor shall provide

COTS operation and maintenance technical manuals and supplemental data (if required) for all equipment and components. The COTS Technical Manuals shall match the as-built configuration of the craft. The Contractor shall provide one (1) preliminary set of COTS manuals (in Adobe PDF format only) thirty (30) days prior to Acceptance Trials (AT). The

Contractor shall provide two (2) final sets of COTS manuals with each craft delivery in both hard copy and in Adobe PDF format on CD or DVD. Concurrent with each craft delivery, the Contractor shall also provide one (1) final set of COTS manuals in Adobe PDF format only, which shall be delivered to the Program Office on CD or DVD. COTS manuals shall be in sufficient depth for operation and maintenance of the equipment without the services of a manufacturer’s representative. Supplemental data shall be added and properly identified to overcome any technical manual deficiencies. The Contractor shall package these technical manuals and place them onboard the craft prior to delivery. The Contractor shall provide a listing of all technical manuals provided showing the title of the technical manual, the equipment covered by the technical manual, and the filename for the digital version of the manual.

4.2.2 Construction Drawings and Associated Lists. The Contractor shall provide Construction

Drawings and Associated Lists. These products shall provide all the design information necessary to enable a manufacturer of similar products to produce and maintain quality control of item(s) so that the resulting performance characteristics simulate those of the original design. The drawings shall include equipment and construction drawings of the end product and provide the necessary data to permit competitive acquisition of items identical to the original item(s) for the purposes of maintenance, repair, training, or other support.

Drawings shall document directly or reference the following: Details of unique processes when essential to design and manufacture; performance rating of equipment; dimensional data; tolerance input and output characteristics; diagrams; mechanical and electrical interfaces; details of material identification including protective coatings; requirements for reliability, maintainability, and environmental conditioning.

All necessary mechanical dimensions, electrical parameters, physical parameters and environmental conditions to define fabrication and interface requirements shall be included on the applicable drawings.

Drawings shall identify scale and list principle dimensions. Drawings submitted as reproducible shall be of such clarity as to produce a fourth generation copy with 100% legibility. Reproducible digital format shall be submitted on CD or DVD in both AutoCAD

DWG format and Adobe PDF format. Hard copies shall be eleven inches by seventeen inches (11” x 17”) and shall be bound with a durable cover.

The Contractor shall provide a set of completed draft construction drawings to the

Government in digital format thirty (30) days prior to Acceptance Trials (AT). Two (2) sets of final drawings in both digital format and hard copy are due with each craft delivery.

Concurrent with each craft delivery, the Contractor shall also provide one (1) final set of drawings in digital format only, which shall be delivered to the Program Office on CD or

DVD or via DoD file transfer service. The Contractor shall provide a listing of all drawings provided which shall include the title of each drawing, the version, and the filename.

4.2.3 Craft Information Book (CIB). The Contractor shall provide a CIB to serve as the primary intrasystem and intersystem technical publication covering installation, operation, and maintenance of craft systems and equipment. The Contractor shall provide the CIB in both printed format and in Adobe PDF format on CD or DVD. The printed version of the CIB shall be bound in a ring binder with a durable cover. The Contractor shall provide one (1) complete preliminary CIB sixty (60) days prior to AT. The Contractor shall provide one (1) revised CIB at AT, which shall include updates incorporating comments received by the

Government. The Contractor shall provide two (2) final CIBs with each craft delivery.

Concurrent with each craft delivery, the Contractor shall also deliver one (1) additional CIB in digital format only to the Program Office. The CIB shall include installation, operation, and maintenance of all craft systems and equipment including mechanical, piping, electrical, and electronics systems and equipment. The CIB shall provide a thorough understanding of all equipment on the craft, their intended functions, operations, and limitations, together with intrasystem and intersystem capabilities and limitations. The CIB shall be of sufficient detail for acceptance, operation/training, maintenance, repair, modification and supply support for the delivered craft including all installed accessory items. The CIB shall match the as-built configuration of the craft. The CIB shall meet the following requirements:

(a) The cover or cover page of the CIB shall be clearly marked with the applicable Navy craft number, the name of the craft builder, and the revision date of the CIB.

(b) The CIB shall include a table of contents which shall list each section with the corresponding page number.

(c) The CIB shall be tabbed for quick access to each section of the CIB.

(d) The CIB shall include warnings and safety information including standard ISO safety alert symbols, description of the problem, how the problem can be avoided, and what may happen if the user does not heed the warning. The CIB shall describe locations and features of all safety equipment and their proper use.

(e) The CIB shall include emergency procedures including but not limited to fire, man overboard, damage control/flooding, and loss of power, as applicable.

(f) The CIB shall include information on applicable marine regulations and proper procedures for the transfer and discharge of oil and other waste, as applicable.

(g) The CIB shall include sounding tables and electrical schematics.

(h) The CIB shall include operation instructions for all systems on the craft including but not limited to the following as applicable: cargo pump diesel engine, cargo pump, piping, cargo tanks, flow meter, Tank Level Indicator (TLI) system, voids, sounding tubes, strainers and filters, heating and ventilation, exhaust, batteries, generator, distribution panel, shore power, lighting, alarms, fire fighting equipment, panels and gauges, and cathodic protection.

(i) The CIB shall include detailed procedures for transferring cargo to and from the cargo tanks.

(j) The CIB shall include detailed procedures for towing, mooring, and docking.

(k) The CIB shall include troubleshooting information.

(l) The CIB shall include drawings, diagrams, photographs, and other graphics to accompany the text as necessary in all sections. Graphics shall be clear and sufficiently detailed.

(m) The CIB shall include a list of definitions, abbreviations, and references.

(n) The CIB shall include the spare parts list, list of technical manuals, and list of drawings.

(o) The CIB shall include an index.

(p) The CIB shall include the Contractor’s warranty policy

(q) The CIB shall include the Contractor’s and/or builder’s contact information if the user needs further assistance.

4.3 Rights in Technical Data: 4.3 Rights in Technical Data: Rights in Technical data and technical data marking requirements shall be in accordance with DFARS 252.227-7013 Rights in Technical Data—

Non-commercial Items, as invoked in Section I of this RFP. The Government shall receive unlimited data rights for non-commercial technical data as set forth in that clause (e.g., “necessary for installation, operation, maintenance, or training purposes other than detailed manufacturing or process data).” Hull lines drawings (if proprietary) and other proprietary details of the craft/system design shall be marked for limited release per DFARS 252.227-7013. The contractor shall not deliver any technical data with restrictions on reproduction or release unless valid rationale is provided as required by DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data, as invoked in

Section I of this RFP.

Instructions regarding use of certain software products (i.e. AutoCAD, Adobe PDF) herein shall not be construed as Government endorsement of specified products.

5.0 POST-AWARD CONFERENCE

The Government will conduct a post-award conference within thirty (30) days after contract award. The

Government will provide an agenda five (5) days prior to the conference. The conference will be held at the

Contractor’s or Builder’s facility or by phone at the Government’s discretion. Topics will include, but not be limited to, documentation review, discussion of the Contractor’s understanding of the technical requirements, and schedule considerations.

6.0 INTERIM PROGRESS REVIEWS (IPR)

The Contractor shall host up to two (2) interim progress review per year at the Contractor’s or Builder’s facility.

Scheduling of interim progress reviews shall be mutually agreed upon by both the Contractor and the Government.

The Contractor shall provide 30 days prior notice of the dates for interim progress reviews along with suggested agendas. The Government reserves the right to approve or disapprove agendas.

When interim program reviews are conducted, agendas shall include the following items: a schedule of key events which shows the flow of construction progress from contract award to craft delivery and includes the percent of progress to date, original estimated completion date, current estimate or actual completion date for the craft; a current Technical Data Package status report; a matrix showing the status of all open items including: Contract

Problem Identification Reports (CPIRs), logistics issues, and provide a summary on overall progress specifically, a discussion of all problems which will disrupt or otherwise adversely affect the orderly construction of the craft and identify required Government action that is currently adversely affecting craft construction, the date by which the action must be taken, and the impact on construction schedules if not taken by that date.

7.0 APPEARANCE OF CRAFT WHEN DELIVERED

The Fuel Oil Barges (YONs) shall be delivered with all items such as; equipment, auxiliary systems, piping, ulkheads, decks, overheads, machinery spaces, bilges, etc., displaying an obvious appearance of being new and unused. The craft shall be free of dirt and debris associated with construction and transit to destination. The craft shall be delivered with all areas of the craft (including but not limited to cargo tanks, cargo piping, voids, and compartments) clean and dry. The Contractor shall remove ballast water prior to delivery and areas which contained or contacted ballast water shall be thoroughly cleaned and dried. The craft when delivered to the required destination shall, in addition to the above, also display the highest level of cleanliness such that all areas of the craft can be immediately utilized for their intended purpose.

8.0 INCLINING/STABILITY/WEIGHT REPORTS

The Contractor shall perform an inclining experiment prior to builder’s trials on the first craft constructed under this contract. The inclining experiment shall be performed in accordance with Regulatory Body requirements and ASTM

F1321, “Standard guide for Conducting a Stability Test to Determine the Light Ship Displacement and Centers of

Gravity of a Vessel”. On all craft following the first hull, the Contractor shall conduct a deadweight survey in lieu of the inclining experiment.

The Contractor shall provide an Intact and Damage Stability Report including a summary of the intact and damage stability analysis required by 46 CFR and Regulatory Body criteria for craft stability.

The Contractor shall provide weight reports in accordance with Regulatory Body requirements. Weight reports shall include Light Ship (Condition A), and Full Load (Condition D) conditions.

9.0 TRIALS

The Contractor shall perform the following trials:

1. Builder’s Trials (BT)

2. Acceptance Trials (AT)

Builder’s Trials (BT) – BT shall demonstrate the successful operation of all craft equipment and systems, that the craft is seaworthy, and that the craft is ready for AT. BT shall be conducted using SNAME T&R Bulletin 3-39

Guide for Shop and Installation Tests (2018) for guidance, as applicable. The Contractor shall send BT schedule notification to the Government at least thirty (30) days prior to BT. BT shall be witnessed by the Government and/or the Government Representatives at the discretion of the Government. The Contractor shall send the BT trials report to the Government following completion of BT and no less than seven (7) days prior to AT. The Contractor shall also make the BT trials report available to the Government at AT. Successful completion of BT is a prerequisite to

AT.

Acceptance Trials (AT) – Prior to delivery, the Contractor shall conduct Acceptance Trials (AT) to ensure the craft is complete, meets contract requirements, and is in all respects ready for service. Completeness shall be determined and agreed upon by both the Contractor and the Government. AT shall be conducted using SNAME T&R Bulletin

3-39 Guide for Shop and Installation Tests (2018) for guidance, as applicable. AT shall be conducted by the

Contractor and shall be witnessed by Government representatives, who will include Program Office representatives and President, Board of Inspection and Survey (PRESINSURV) representatives and may include representatives from the operating activity (end users).

The Contractor is responsible for conducting BT and AT and shall provide all the necessary materials, fuel, fluids, power, tools, equipment, instrumentation, and qualified personnel to safely operate the craft and to conduct the trial test, inspection and demonstration. Unless otherwise authorized by the Government, the trial test, inspection and demonstration shall be performed in the presence of the Government or Government Representatives.

Airborne noise and vibration surveys shall be performed during BT and AT. All noise and vibration surveys shall be performed with the cargo pump diesel engine and the diesel generator at Maximum Continuous Rating and all

Ventilation systems and equipment in normal operation.

The Contractor shall schedule AT as agreed to by the Government to accommodate the schedules of both the

Program Office (PMS 300) and PRESINSURV. The Contractor shall provide an estimated date for AT six (6) months prior to the planned AT date. The Contractor shall notify the Government immediately of any change in the estimated AT date. To meet contract delivery dates, it is recommended that the Contractor schedule AT no later than eight (8) weeks prior to the contract delivery date to allow sufficient time for required evolutions (i.e. AT discrepancies corrections, shipping, and receipt at destination). See Section C Item Descriptions for potential

Contractor liabilities if the Contractor cannot satisfactorily conduct AT after arrival of the Government PDIT team at the Contractor’s facility.

The Contractor shall provide notification of readiness for AT and a copy of the preliminary AT agenda and test plan at least thirty (30) days prior to AT. Final AT agenda and test plan incorporating all prior comments received from the Government shall be provided to the Government fourteen (14) days prior to AT. The AT test plan shall include detailed operational procedures to be used for checking and verifying satisfactory operation of all installed craft systems.

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