USS ROSS_QA 5.xlsx

PPI FORM

"NOTE A: LEVEL OF EFFORT TO COMPLETION –SHIP REPAIR

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.’"

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

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

Please define Class F as the reference does not appear in the Form 33.

Please identify how the number $17,500 was arrived at inclusive of all historical references and the specific distinctions between SDVG and GMR usage.

6. For growth and new work contract changes involving subcontractors, subcontractor quotes will be treated as Other Direct Costs (ODCs) and will be subject to the contract material burden rate shown in paragraph (7) below. Subcontractor quotes must be competitively acquired and submitted with the contractor’s COPA in response to RCCs, GMRs and RTRs issued by the Contracting Officer. At no time will the proposed total to be performed by the prime contractor combined with subcontractor quote, material quote, and applicable burdens be allowed to cost more than it would have, had the prime contractor directly provided all material and labor. The proposed total pricing restriction addressed in the preceding sentence does not apply in any case where the work is required to be performed by Original Equipment Manufacturers (OEMs), Government directed subcontractors, and/or Government authorized vendors. RCCs and RTRs that are subcontracted for material only (no associated labor required within the RCC) shall not be subject to the Material Burden Rate. Any material burden rate applied to new work shall be approved by the ACO, upon receipt of supporting documentation in accordance with FAR 15.404-3, Subcontract Pricing Considerations.

52.217-7 (NAVSEA Variation II)."

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

2. The amount included in this Contract for the growth described above shall be equal to a maximum quantity of:

a. 450 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) FY22 (EDSRA).

Please identify the reasoning inclusive of sources that the contracting officer has identified 450 occurences for this avail.

Please identify the computations inclusive of source material, historical references, and avails that the government has reviwed to identify $6,986 as a reasonable FFP for both the Contractor and the Government.

"NOTE F: AVAILABILITY SCHEDULE PERFORMANCE

3. The growth work described above, if required, shall be tasked during the contract period of performance, as may be modified, on the following schedule phasing:

• No more than 50% of the hours or material following the 50% schedule point of the availability (as measured in days between the “Availability Start” and “Contract Complete” milestones in Attachment J-3), adjusted for delay to delivery date.

• No more than 25% of the hours or material following the 75% schedule point of the availability (as measured in days between the “Availability Start” and “Contract Complete” milestones in Attachment J-3), adjusted for delay to delivery date.

"Section C - Descriptions and Specifications SCOPE OF WORK 1. GENERAL REQUIREMENTS, "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, QASP."

Please confirm the authority for determining if a CFR is inadeuate or incomplete.

Please confirm the required number of calendar or business days the government has to determine if a CFR is inadequate or incomplete.

"4. COST, SCHEDULE AND FINANCIAL DATA

1. USS ROSS (DDG 71) FY22 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."

Please confirm the government does not mean to imply that the contractor is required to meet Mission Ready requirements in addition to the items, materials, and services identified in the proposed contract between the parties.

"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. 101,981 direct labor hours (labor hours) and $3,925,923 ($TBD fully burdened) materials to complete expected, within scope growth work on the USS ROSS (DDG 71) EDSRA work package under CLINS 0040 – 0083."

Please confirm the government the government at time of this solicitation has secured all funding necessary to complete the vessel.

Please confirm the government will fully fund all contractual milestones and the 101,981 labor hours and the $2,925,923 at the time of award.

"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. 450 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) FY22 (EDSRA)."

"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. 450 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) FY22 (EDSRA)."

"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. 450 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) FY22 (EDSRA)."

Please provide all calculations utilized to derive the price of $6,986 and justifications under the FAR or DFAR that the government has used to determine the price is fair and reasonable for the Offerror.

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

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."

Please provide the specific time requirement identifying the amount of time the government has to review the CFR and determine Final Approval and what happens contractually if that time requirement is not met.

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.

Please confirm the Technical Direction Letter is required to be mutually agreed to by the parties.

Please identify the timeframe the government is required to include the adjustments via contract modification after the TDL.

Please confirm the government does not intend for the TDLs to replacing fully funded contract modifications. Non-concur, TDLs are not required to be mutually agreed to by the parties.

The Government reserves the right to reconcile the weekly TDLs via unilateral modification at the Administrative Contracting Officer’s (ACO) discretion.

The LOE2C CLINs are fully funded either at contract award or at option exercise 145 2/22/22 Solicitation Reference Page 67 of 189

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.

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.

Please confirm that the Reference to Note A in this clause refers to the limits in Note A, 1. to avoid a potential conflict in the contract.

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.

Reference Page 68 of 189

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.)

Please provide the reason behind adding the following language, "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." and the definition of "settled" being used.

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

Please confirm that there is no FAR or DFAR mandated limit on the price for the fully burdened ship repair labor rate.

Please confirm that there is no FAR or DFAR mandated limit on the material burder rate%

Please confirm acceptance of the referenced clause in its entirety is a condition of award by answering Yes or No to this question. If the Government is unable to answer Yes or No, Offer will understand the Government is implying that acceptance to the referenced clause in its entirety is a condition of award. Per FAR 15.404-1(a)(1), the Contracting Officer has to determine the fully burdened ship repair labor rate and the material burder rate% are fair and reasonable.

Acceptance of a clause in its entirety is a condition of award.

154 2/22/22 Solicitation Reference Page 175 of 189 C. Alteration of Solicitation

1. Offerors shall respond to the solicitation as posted. Offerors who alter the solicitation (except for completing appropriate “fill-in” blocks and certifications) may be considered non-responsive and thus ineligible for award.

Please confirm if the Offeror takes an exception to a clause in its entirety or part of a clause in Offeror's cover letter and does not alter a solicitation document the offeror will be excluded from award.

"In accordance with Section L. III.C, Alteration of Solicitation, “1. Offerors shall respond to the solicitation as posted. Offerors who alter the solicitation (except for completing appropriate “fill-in” blocks and certifications) may be considered non-responsive and thus ineligible for award.” An offeror is required to accept what is stated in the solicitation and sign the SF 33 with all amendments acknowledged."

Please confirm an Offeror is or is not require to accept a clause in its entiriety as a condition of award.

If the Government is unable to answer Yes or No, Offer will understand the Government is implying that acceptance to the referenced clause in its entirety is a condition of award.

Does the government agree that New Work is not part of the anticipated award of the base contract?

Please provide the reasoning behind the government's statement "Proposed New Work (For Evaluation Purposes only)".

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.

2.3, S9311-C6-MMO-A40/Volume 4, Rev 4, Ship Service Gas Turbine Generator SSGTG Model AG9140 with FADC LOCOP Controls 2.4, S9311-C6-MMO-A50/Volume 5, Rev 2, AG9140 Ship Service Gas Turbine Generator (SSGTG) with FADC LOCOP Controls 2.5, 259-6595726 Rev W, Fab & Instl of SS Gtrb Uptake & Air Intakes Generator Rm & Abv 2.6, 23059006 Exhaust System Assembly 2.7, 23036069 Rev D, Expansion Joint 2.8, 23036070 Rev B, Gasket, Exhaust 2.9, 259-7401967 Rev B, ShipAlt DDG-51-TY64, 215 Gas Turbine Uptake Bolting Flg Mod & Ml

Included with Amendment 0003 was Errata 1, which modified 27 work items. The RLAR references (26) have not been received and coupled with many outstanding answers to questions and other issues including Period of Performance changes we cannot complete our proposal by the current due date. Please extend the due date so we (and our subcontractors) can incorporate all these late changes in an orderly manner. We still await answers on over 50 questions so this will extend eventually anyway.

3.5.1 Remove existing and install new 20 square feet of deck and 10 square feet of bulwark located in 1.2.1. The quantities listed in 3.6.1 – 3.6.8 are for each location.

209 3/7/22 259-10-002 3.5 - 3.5.1 and 3.6 - 3.6.8 Para 3.5 states to accomplish repairs to EACH BLISS CAP. Para 3.5.1 requires replacement of 80 sqft of deck and 30 sqft of BLISS Cap. Is this quantity for each location or a total for all locations? Are the quantities for para 3.6.1 - 3.6.8 for each location or a total for all locations? Work items were changed in E3 to read:

3.5.1 Remove existing and install new 20 square feet of deck and 10 square feet of bulwark located in 1.2.1. The quantities listed in 3.6.1 – 3.6.8 are for each location.

Please extend the due date for proposals to at least April 26, 2022 in order to allow receipt, review, preparation and incorporation of new information. This is still almost 7 months before the planned arrival date.

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