N00024-22-R-4422-0005.pdf

N0002421FR62094

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 (1) update Section B, Section C, Section G, and Section L to incorporate the Planning and Execution Split CLIN structure (2) Incorporate Errata 5 (3) Update Section J to update attachments J-3 and J-4 and (4) Update Section L to extend the proposal due date.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 31

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

16C. DATE SIGNED

BY 18-Mar-2022

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 N0002422R4422

X 9B. DATED (SEE ITEM 11)

28-Jan-2022

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 X is extended, 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

18-Mar-2022

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:

N0002422R4422

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

UPDATED SUMMARY OF CHANGES

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 29-Mar-2022 10:00 AM to 12-Apr-

2022 10:00 AM.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The option status has changed from No Status to Option.

CLIN 0002

CLIN 0003

CLIN 0004

CLIN 0006

CLIN 0043

CLIN 0044

CLIN 0045

CLIN 0047

CLIN 0084 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Lot

AVAILABILITY PREPARATION - USS ROSS

FFP

The Contractor shall provide all labor, materials, facilities, supervision and equipment to meet the requirements outlined in Section C – Statement of Work, paragraph 9. All work shall be completed in accordance with all applicable local, State, Federal and Navy rules and regulations; whether they are explicitly written/referenced in this SF33 or not.

FOB: Destination

PSC CD: J998

NET AMT

CLIN 0085 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Lot

ADVANCED MATERIAL PROCUREMENT

FFP

The Contractor shall provide all labor, materials, facilities, supervision and equipment to meet the requirements outlined in Section C – Statement of Work, paragraph 10. All work shall be completed in accordance with all applicable local, State, Federal and Navy rules and regulations; whether they are explicitly written/referenced in this SF33 or not.

PSC CD: J998

NET AMT

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 ROSS (DDG 71) EDSRA:

a. 101,699 direct labor hours (labor hours) and $3,922,873 ($TBD fully burdened) materials to complete expected, within scope growth work on the USS ROSS (DDG 71) EDSRA work package under CLINS 0040 – 0083.

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 D

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 ROSS (DDG 71) FY23

EDSRA

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 Integrated Production Schedule (IPS) establishing impact to critical path and/or controlling work items. The Government reserves the right to perform its own independent review of the Contractor’s submitted IPS. 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, 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

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. 449 occurrences for growth work computed at a firm fixed price of $6,986 per occurrence, as associated with CLINS 0040 – 0083 for the USS ROSS (DDG 71) FY23 (EDSRA).

3. A Waterfront Circuit Team comprised of a small group of Contractor and Government representatives shall administer the Special Agreement for Growth with a value of $25,000 or less. The Contractor shall establish a group of empowered representatives who will be located in proximity to the ship during the availability period and who will interact with a similar group of Government representatives (also to be located in close proximity to the ship and to be identified by the NSA). Specific arrangements for the Waterfront Circuit Team shall be mutually agreed between the Contractor and NSA.

4. The Contractor shall report proposed growth work through the normal CFR process in accordance with Contract terms. The Government may also independently identify growth work. No later than 24 hours after the final approval of the CFR, the Waterfront Circuit Team 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 Contracting Officer shall direct the commencement of all growth work. Directed growth will be followed by documentation to appropriately reflect specification changes.

5. If the Waterfront Circuit Team is 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 task 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.

6. The Contractor and Government (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.

7. 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.

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

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

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 ROSS (DDG 71) FY23 EDSRA 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 ROSS (DDG 71) FY23 EDSRA.

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

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

1.1.2 Daily Production meetings.

1.1.3 Weekly Progress meetings.

1.1.4 Weekly Commanding Officer briefs.

1.1.5 IPTD Completion Event (formerly known as “IPTD C+21 days Post-Completion

Meeting’).

1.1.6 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 Reserved

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 ROSS (DDG 71) FY23 EDSRA within the availability dates herein.

1.6 INTEGRATED PRODUCTION SCHEDULE DEVELOPMENT, UPDATE, AND REVIEWS:

1.6.1 The Contractor shall formally present its IPS to the NSA at the SMR, Start of the Availability, 25% complete conference, 50% complete conference, 75% complete conference, production completion meetings, and for pre Sea Trials requirements. 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 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 RESERVED

1.6.3 RESERVED.

1.6.4 RESERVED.

1.6.5 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 accordance with FAR Part 19 and the subcontracting goals identified in the RFP (See CDRL A001).

1.9 SITE INSPECTION: The Government may send a site inspection team to perform an inspection of the contractor's facility prior to arrival of the vessel.

1.10 GOVERNMENT FURNISHED MATERIAL from Availability Start through Contract Complete: The contractor is to coordinate the delivery and/or pick-up of all Government Furnished Material (GFM) as cited in work specification(s), supporting drawings, references and/or Statement of Work (SOW) with the Project Manager (See CDRL A011).

1.10.1 Turnover of GFM:

1.10.1.1 NAVSEA GFM for Modernization Work Items: All NAVSEA GFM for Modernization

Work Items will be available at A-30 unless otherwise noted in Attachment J-8. The Contractor is required to coordinate turnover of NAVSEA GFM with the Project Manager following contract award.

1.10.1.2 TYCOM GFM for Repair Work Items: All TYCOM GFM will be available at A-30, unless otherwise noted in Attachment J-8. The Contractor is required to coordinate turnover of TYCOM GFM with the Project Manager following award.

1.10.2 In the event of a claim and/or request for equitable adjustment arising out of a late or adjusted turnover of GFM, the Contractor bears the burden of proving both delay and resulting impact to critical and/or controlling path work items.

1.10.3 GFM transportation costs shall be included in the contract. Change order will only be issued if there is a Government caused change to pick-up date(s). Government property permanently removed from a vessel that requires a Property Administrator's disposition instructions shall be properly prepared for shipment and be delivered as directed by the Property Administrator. GFM is listed in paragraph 5 of the Work Item(s) and in Attachment J-8.

1.10.4 The Contractor is required to manage all GFM and CFM which includes purchasing, monitoring, receiving, inspecting, segregating, issuing, determining nonconformance, and disposing of material.

This also includes providing an inventory system for both Government Furnished Material and Contractor Furnished Material, including ordering, tagging and warehousing of material. All materials selected for installation must meet the specified standard military performance specifications, Federal performance standards, and may require to be listed on a Qualified Products List (QPL) for shipboard installations.

1.11 QUALITY ASSURANCE

1.11.1 QUALITY ASSURANCE PROGRAM: The Contractor shall provide and maintain a quality assurance program acceptable to the Government, and shall perform or have performed the inspections and tests pursuant to that program to substantiate that the material and workmanship provided pursuant to the job order conform to the drawings, specifications, job orders, and contract requirements listed herein.

The Contractor's quality assurance program shall be in accordance with that set forth in NSI 009-04.

In addition to its rights under DFARS 252.217-7005 “Inspection and Manner of Doing Work”, the Government shall have the right to deem work or material furnished by the Contractor to be incomplete and not in accordance with the requirements of the job order by reason of the Contractor's failure to comply with the requirements of its quality assurance program and, as such, the Contractor shall not be entitled to progress payments for said work and material (See CDRL A006).

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

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

CDRL A007.

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

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

1.11.2.4 The Contractor shall meet all requirements relating to weight and stability reports for in-service surface ships in accordance with NSI 009-103 and CDRL A014.

1.11.3 Quality Assurance Surveillance Plan (QASP): The Contractor shall meet the Performance/Acceptable Quality Level Requirements for each Deliverable/Assessment Area in the QASP, Attachment J-5.

There will be monetary deductions based on unfavorable Contractor performance as stated in the

QASP.

1.12 IDENTIFICATION OF CONDITION FOUND: In accordance with the requirements of NSI 009-01, the

Contractor shall identify needed repairs and recommend corrective action during contract performance for work/deficiencies discovered which are not covered by the existing work package. For conditions to impact the critical path(s) /controlling item(s), the Contractor shall notify the Government via electronic media within 24-hours of discovery. This initial notification need not include all content required for a Condition Found Report (CFR), but must include a description of the condition/deficiency and an estimated timeframe for the offeror's professional recommendation for resolution, which shall not exceed five (5) working days as specified below. Recommended repairs and corrective actions shall be submitted to the Government in the form of a CFR (intended to represent the "Work Request" described in DFARS 252.217-7028 “Over and Above Work”) per CDRL A002.

1.12.1 CONDITION FOUND NOTIFICATION TO GOVERNMENT: CFRs shall be submitted through the Navy Maintenance Database Re-platform (NMDR) within five (5) working days of discovery of the condition. At a minimum, the CFR will include the following:

(1) Identify contract, ship, and hull number

(2) Serialized by CFR number

(3) Identification of the applicable Work Item number

(4) Date requirement was discovered

(5) Description of the work requirement

(6) Specific location of the work

(7) Recommendation for corrective action

(8) Recommendation for the appropriate/best time to accomplish the work (i.e. during current availability with or without schedule change, future CNO or Continuous Maintenance Availability). Provide supporting rationale for the recommendation, such as cost efficiencies, availability of work force, availability of material, premium expenditures, etc.

(9) Identification of related changes, if any, to the internal milestones and production and contract completion dates.

1.12.2 GOVERNMENT REVIEW AND RESPONSE TO CFR: The Maintenance Team will review the

CFR. If the CFR is inadequate or incomplete, it will be rejected with time continuing to accrue (relative to five (5) working day requirement). As appropriate, the Government and contractor will need to meet, conduct ship checks and/or discuss the recommendation for corrective action further to determine the full scope of work required prior to final approval of the CFR. Accuracy of CFR submissions may be evaluated in CPARS and utilized for past performance ratings on future requirements. Additionally, deductions may be assessed in accordance with Attachment J-5,

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

For all generated RCCs and GMRs, the Contractor shall provide a COPA proposal to the ACO within three

(3) business days (See CDRL A002). A Contractor’s COPA shall remain valid for a minimum of 14 calendar days, unless otherwise specified by the ACO; if another timeline is specified by the Government, the Contractor’s COPA shall remain valid for that amount of time. The COPA provided shall include at a minimum:

a. Labor hours to be performed by the Prime Contractor __________

b. Subcontractor Quote (If applicable) $__________

c. Material Quote (If applicable) $__________

d. Mark-up (If applicable) $__________

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

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

Note 3 – Subcontractor Quotes: Subcontractor quotes shall include labor hours, labor rate, material (part number, description, unit cost, quantity, total cost, and vendor quotes for each line item), and tiered subcontractor quotes (if applicable). Proposed subcontractor labor hours shall be broken down by paragraph and task.

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

Note 5 – Late Submissions: The above documentation must accompany the COPA for the COPA to be considered submitted to the ACO. The number of days a Contractor’s COPA remains valid does not begin until the COPA is considered submitted by the ACO. See Attachment J-5, QASP, for deductions associated with late or invalid COPA submittals.

If circumstances arise where the Contractor is unable to submit a COPA within three (3) business days, the Contractor shall notify the ACO in writing of the specific circumstances and provide a revised date in which a COPA proposal will be submitted. Additional time needed to complete a COPA may be granted solely at the discretion of the ACO. The new timeframe granted solely at the discretion of the ACO and which may differ from the Contractor’s request, shall be met by the Contractor. Notification of a late COPA does not exempt the Contractor from meeting its requirement, but will be considered by the Government when conducting a CPARS evaluation and utilized for past performance ratings on future contracts. Late submission of COPAs may result in deductions assessed in accordance with Attachment J-5,

1.14 DESCOPING OF REQUIREMENTS: The Government reserves the right to descope any requirement under this contract at any time and for any reason. Descopes are incorporated into the contract via deletion RCCs and can either be a partial deletion of paragraph(s) from the work specification or deletion of a work item in its entirety. The Government will rely on the labor rates and prices entered in Attachment J-4 Pricing Workbook for negotiating and settling RCCs.

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

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

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

1.14.2 Settled Deleted Price:

1.14.2.1 Full Work Item Deletion: For the purposes of pricing a RCC that deletes a work item in its entirety, the Government considers each individual work item to be separately priced. The starting point for negotiations will be the Contractor’s work item price entered in the Work Item Index Tab of Attachment J-4. The burden is on the Contractor to demonstrate production costs incurred. Program management and other indirect costs will not be considered.

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

1.15 MODIFICATION NEGOTIATION: Once the Government receives the Contractor’s COPA, it will evaluate and negotiate it in accordance with applicable Agency regulations and policies. If necessary, the Government may issue unilateral modifications to accomplish required work using the pre-priced labor and material rates, outlined in Section B of this contract.

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

When required, the Contractor shall have access to and use Naval Ships Engineering Drawing Repository (NSEDR), Electronic Departures from Specifications (EDFS), and other logistic support required throughout the administration of this contract per the CDRLs and standard items invoked at the time of contract award.

1.17 ORGANIZATION CHART AND EMPLOYEE ROSTER:

1.17.1 ORGANIZATION CHART: Within 30 days of contract award, the Contractor shall submit a chart detailing each management, technical, engineering and production position from the highest company level to the lowest supervisory level. Include descriptions of each position describing the duties, responsibilities, authority and names of the individuals filling the positions, as well as identification of whether each individual is assigned to the contract full time. The organizational chart must represent the facility that will perform the work.

1.17.2 EMPLOYEE ROSTER: After receipt of award and prior to starting work aboard the vessel, the

Contractor must submit a list of employees who will work aboard ship to the Commanding Officer of the ship via the NSA Security Office. The list should be on company letterhead, include each employee's name and security clearance when required, and bear the signature of a company official.

1.18 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER: No order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract. The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer's.

In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The only exception to this is if the Contractor is ordered to stop for a safety reason.

If the Contractor believes it has been directed to perform work outside the scope of the contract, it must notify the Contracting Officer immediately.

2 LOCATION

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

2.2 DRY-DOCK CERTIFICATION: The dry-docking of all vessels shall be accomplished in dry-docks certified in accordance with MIL-STD-1625D(SH) dated 27 August 2009.

3 COST, SCHEDULE AND FINANCIAL DATA

3.1 USS ROSS (DDG 71) FY23 EDSRA must be delivered, mission-ready, no later than the “Contract Complete – Mission Ready Vessel Delivered to Fleet” (“Contract Complete”) date included in Attachment J-3.

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

Government has established execution dates for the milestones identified in Attachment J-3. If any milestone event is not accomplished by the date provided, and the failure to accomplish is due to the fault or negligence of the Contractor, such failure may constitute a failure to perform this contract in accordance with its terms within the meaning of subparagraph (a)(1)(ii) of the clause of this contract entitled

"DEFAULT” (DFARS 252.217-7009).

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

Manager on a daily basis to prevent changing situations from causing delays and disruptions. Disruption due to minor delays in obtaining access to spaces and operation of equipment are to be expected. A minor delay is defined as eight clock (8) hours or less in duration (and is not the cumulative effect of labor hour impact). Minor delays and/or disruptions are considered normal rather than unusual occurrences during the performance of tasks ordered under these resulting contracts. The Government will not provide any schedule relief for minor delays/disruptions.

The burden is on the Contractor to establish a delay/disruption is not minor in nature, by immediate verbal notification to the Project Manager and Contracting Officer, followed by a written statement within 24 hours after occurrence of delay, stating time of impact, reason for delay, duration of impact, number of people affected, action taken to properly schedule the work, action taken to minimize impact, and the names of the Government person(s) contacted, and impact to the critical path and/or controlling work items.

The ACO, in coordination with the Project Manager, will issue a written determination as to whether the contractor has met its burden and schedule relief will be granted.

3.4 SCHEDULE AND ASSOCIATED REPORTS: The scheduling of work, resources, key events and milestones submitted by the Contractor shall be in accordance with NSI 009-60 and Contractor’s Open, Inspect, and Provision of Reports Schedule as provided in Attachment J-11. All dates in Attachment J-11 and the Contractor’s NSI 009-60 submissions must align with Attachment J-3.

3.5 MILESTONES FOR CERTAIN REPORTS: The Contractor shall complete the necessary work associated with the reports due on or before the first 20% of the docking duration as well as the reports due on or before the first 20% of the availability duration and submit to the Government the required reports in the necessary format and containing the required information as specified in the Work Item in accordance with their prescribed due dates or be subject to the deductions provided in Attachment J-5 (QASP).

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

3.6.1 Subcontractor hours and material cost may be estimated based on the actual Prime Contractor outlay to subcontractors.

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

3.7 MONTHLY MANPOWER REPORT: Monthly manpower management information shall be provided in accordance with the requirements of CDRL A017.

4 SAFETY

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

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

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

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

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

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

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

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

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

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

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

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

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

4.4 FORCE PROTECTION CONDITION: The Government is currently in force protection condition BRAVO. Any costs associated with delays, disruptions, or security precautions associated with this force protection condition level shall be included in your proposal. Contractors will not receive additional compensation for delays, disruptions, or security precautions associated with this force protection condition level.

4.5 FIRE DRILL: The Contractor shall coordinate the execution of a full scale fire drill with the NSA within the first 30 days after the ship's arrival at the Contractor's facility. The drill will include at a minimum the requirements of the drill specified in FY22, Change 1 NSIs 009-08 (Shipboard Fire Protection and Fire Prevention; accomplish), 009-07 (Confined Space Entry, Certification, Fire Prevention and Housekeeping;

accomplish), and 009-74 (Occupational, Safety and Health Plan; accomplish). For the Contractor, this drill will require all production work to stop for a minimum of 4 hours during day shift on the selected day. As part of the drill, the Contractor is required to evacuate the ship, provide a muster report of all personnel safely off ship, support the drill with any firefighting personnel/company emergency procedures, and support the disconnection of temporary services at the drill site. Temporary services at the drill site will be disconnected in the process of the drill, and the Contractor will be responsible for restoring them after the drill. This drill will require involvement with the local fire department. An additional fire drill may be required if the availability exceeds 180 days. All costs associated with drill and production time losses shall be included in proposal. For awareness, the Government will be conducting the drill and using the evaluation criteria found in CH-12, 13, and Appendix A, of S0570-AC-CCM-010/8010. The Contractor will account for required fire drills in the proposed work schedule.

4.6 FIRE SAFETY COUNCIL REPRESENTATION: Provide cognizant management representation to participate in recurring Fire Safety Council meetings, at a minimum, weekly. Cognizant management representation must be prepared to address fire safety, work, and energy control problems, and offer a reasonable solution to each problem, which may have impact on fire safety posture during the availability.

The representative(s) must be authorized to make each management decision relative to each routine fire safety decision of the Fire Safety Council that, in good faith, commit the contractor.

5 OTHER REQUIREMENTS

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

PED's include:

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

hand-held or laptop computers;

mobile telephone devices such as data-enabled cellular telephones;

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

analog and digital sound recorders; and digital cameras, including cellular phones with digital imaging capabilities.

5.2 NON SMOKING POLICY: For bidding purposes, Contractors are advised that in light of the Government’s policy regarding smoke-free facilities, the entire vessel, topside and below decks, is to be considered a "No Smoking Area" unless otherwise indicated by shipboard policy. Local installation policies shall also apply.

5.3 CITIZENSHIP REQUIREMENTS: The Contractor shall comply with the Department of Defense Industrial Security Manual (DoD 5220.22), and any revisions to that…