N0002426R4114 RFP_6.24.26_final.pdf
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- Solicitation number
- N0002426R4114
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This is a Request for Proposal (RFP) for an Indefinite Delivery/Indefinite Quantity (IDIQ) contract to provide Surface/Carrier Engineering Maintenance Assist Team (S/CEMAT) support services to the Naval Sea Systems Command (NAVSEA). The contract is a Cost Plus Fixed Fee (CPFF) Level of Effort arrangement with a 5-year ordering period spanning from the date of award through 60 months. The primary requirement involves supplying engineering and technical support labor (estimated at 6,062,848 hours) for maintenance, planning, and overhaul activities supporting U.S. Navy Aircraft Carriers (CVN) and surface ships at major locations including Norfolk VA, Newport News VA, San Diego CA, Bremerton WA, Pearl Harbor HI, and Japanese ports. Contract line item 0001 covers labor support at an hourly rate, CLIN 0002 addresses materials with an estimated ceiling of $173,274,781, CLIN 0003 covers other direct costs (ODC) with a $16,111,194.78 ceiling, CLIN 0004 provides for special incentive/small business participating incentive fees, and CLIN 0005 covers contract data requirements list deliverables. The contract is a full-and-open competition with proposals submitted via the PIEE system.
The RFP includes extensive regulatory requirements including quality management system compliance per ISO 9001:2015, safety standards for ship repair per 29 CFR 1915, and organizational conflict of interest restrictions limiting contractor participation in future procurements of equipment or services that are the subject of contract work for three years post-performance. Payment will be processed through the Wide Area Workflow (WAWF) system with cost vouchers for cost-type line items. The Procuring Contracting Officer is Jerry Low at NAVSEA (202-781-2397), with Administrative Contracting Officer and technical points of contact to be designated for individual orders. The contract incorporates numerous NAVSEA-specific clauses addressing vessel protection, worksite travel cost restrictions, refunds for spare parts exceeding intrinsic value, and multi-year task order administration across five fiscal year periods.
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Text version
SECTION
15A. NAME AND
ADDRESS
OF OFFEROR
SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.
RATING PAGE OF PAGES
2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER
CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR
INFORMATION
CALL:
A. NAME B. TELEPHONE (NO COLLECT CALLS)
AREA CODE NUMBER EXTENSION
C. EMAIL ADDRESS
11. TABLE OF CONTENTS
(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION
A B C D E F G H
I
J
K
L
M EVALUATION FACTORS FOR AWARD
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
PART IV - REPRESENTATIONS AND INSTRUCTIONS
LIST OF ATTACHMENTS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
CONTRACT CLAUSESSOLICITATION/CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/COSTS
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
PACKAGING AND MARKING
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
CONTRACT ADMINISTRATION DATA
SPECIAL CONTRACT REQUIREMENTS
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
OFFER (Must be fully completed by offeror)
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause Number 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):
10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)
DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE
CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print)
15B. TELEPHONE NUMBER
AREA CODE NUMBER EXTENSION
15C. CHECK IF REMITTANCE ADDRESS IS
DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
17. SIGNATURE 18. OFFER DATE
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE
UNITED STATES CODE AT:
10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)
24. ADMINISTERED BY (If other than Item 7)
26. NAME OF CONTRACTING OFFICER (Type or print)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
25. PAYMENT WILL BE MADE BY
27. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
28. AWARD DATE
CODE
ITEM
STANDARD FORM 33 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.214 (c)
SEALED BID (IFB) INVITATION FOR BID
NEGOTIATED (RFP) REQUEST FOR
PROPOSAL
(Hour) (Date)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
Created On:
24 Jun 2026, 19:56 PM Greenwich Mean Time
Section A - Solicitation/Contract Form
Follow-On Award (FY26; 0241; PAE Maritime CEMAT/SEMAT IDIQ) Competitive
Product Service Code: 1905
N0002426R4114
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
NOTES A, B, C, D, and E.
See Exhibit B
Item Supplies/Service Estimated Quantity
Unit Unit Price Amount
Labor Support
Level of Effort (LOE) Hours. See Notes A, B, and E. Carrier Engineering Maintenance Assist Team (CEMAT)/ Surface Engineering Maintenance Assist Team (SEMAT) in accordance with the Statement of Work.
Pricing Arrangement: Cost Plus Fixed Fee
6,062,848 Hours
Materials
CPFF/FFP/T&M. See Note A and C. Materials in support of CLIN 0001.
Estimated Ceiling: $173,274,781.00
Pricing Arrangement: Cost Plus Fixed Fee
1 Lot
Other Direct Costs (ODC)
See Note A and D. Prime and subcontractor incidental materials, travel, and subsistence (with burdens, no fee) in support of CLINs 0001 through 0005.
Estimated Ceiling: $16,111,194.78
Pricing Arrangement: Cost No Fee
1 Lot
Special Incentive / Small Business Participating Incentive Fee (SIF
/SBPIF)
See Attachment J-13.
Pricing Arrangement: Cost No Fee
1 Lot
Contract Data Requirements List (CDRL)
Not Separately Priced (NSP). See Exhibit A.
Pricing Arrangement: Cost No Fee
1 Lot
Additional Regulation or Supplemental Clauses Incorporated by Full Text
B-215-H002 REFUNDS (SPARES AND SUPPORT EQUIPMENT) (NAVSEA) (OCT 2018) (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 anytime 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-216-H006 FEE TABLE (NAVSEA) (MAR2019) (Mar 2019)
Labor CLIN Labor Hours Cost Per Hour* Fee Rate Per Hour* Loaded Hourly Rate
*The offeror shall divide the proposed fee for each CLIN by the quantity of labor hours indicated to complete the table. Fee is calculated based on cost less FCCOM; if FCCOM is proposed, necessary columns may be added.
In the event of any inconsistency between the above table and the CLIN pricing, the CLIN pricing shall take precedence.
THIS CLAUSE WILL BE COMPLETED FOR EACH ORDER, IF APPLICABLE
(End of Text)
B-231-H002 WORKSITE TRAVEL COSTS (NAVSEA) (OCT 2018) (Oct 2018)
(a) The contractor shall not charge, and the Government shall not pay, as an allowable cost under this contract, any manhour costs (whether straight-time or overtime) for contractor personnel or subcontractor personnel traveling to or from worksites, including travel to worksites other than the contractor's facility for performance of contract work.
(b) Workers being paid under this contract, as prime contractor personnel or subcontractor personnel, will complete a full shift at the worksite, and no compensation will be paid for travel time before or after the shift.
(c) This requirement pertains only to payments for travel time before or after these workers' regular shifts (commuting costs), and does not apply to legitimate travel costs incurred during normal working hours, provided that those costs are otherwise reasonable, allocable and allowable and approved in writing by the Government. This requirement does not apply to manufacturer's representatives or Original Equipment Manufacturer (OEM) representatives when specifically required by the Government work specifications.
(d) Additionally, the contractor shall not charge, and the Government shall not pay, any transportation costs under this contract associated with transporting contractor or subcontractor personnel between the contractor's facility (or subcontractor's facility), and any other worksite to perform ship repair, maintenance or modernization. Transportation costs include, but are not limited to, bus fare, car fare, train fare, or boat fare, paid by the workforce, or paid by the contractor on behalf of the work force.
(End of Text)
B-232-H006 LIMITATION OF COST OR LIMITATION OF FUNDS CLARIFICATION (Oct 2018)
The clause entitled "Limitation of Cost" (FAR 52.232-20) or "Limitation of Funds" (FAR 52.232-22), as appropriate, shall apply separately and independently to each separately identified estimated cost.
(End of Text)
B-232-H005 PAYMENTS OF FEE(S) (LEVEL OF EFFORT)--ALTERNATE I (Oct 2018)
(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, or "fixed fee" in cost-plus-fixed-fee type contracts.
(b) The Government shall make payments to the Contractor, subject to and per the clause in this contract entitled "Fixed Fee" (FAR 52.216-8) or "Incentive Fee", (FAR 52.216-10), as applicable. Such payments shall be submitted by and payable to the Contractor pursuant to the clause of this contract entitled "Allowable Cost and Payment" (FAR 52.216-7), subject to the withholding terms and conditions of the "Fixed Fee" or "Incentive Fee" clause, as applicable. Fee paid per hour shall be based on total fee dollars divided by total hours to be provided. Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract.
(End of Text)
Section C - Description/Specifications/Statement of Work
STATEMENT OF WORK (SOW)
The Statement of Work (SOW) for this contract is located in Section J, Attachment J-0. For the purposes of FAR 52.215-8, Order of Precedence-- Uniform Contract Format, the SOW shall be considered part of the Schedule.
Additional Regulation or Supplemental Clauses Incorporated by Full Text
C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (Oct 2018)
(a) NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as "protected information". File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.
(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:
(1) The support contractor not disclose any information;
(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;
(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,
(4) In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.
(c) Execution of this contract by the contractor is considered consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file room management support contractor for the limited purpose of executing its file room support contract responsibilities.
(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.
(End of Text)
C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019) (Jan 2019)
Approval by the Government as required under this contract and applicable specifications shall not relieve the Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.
(End of Text)
C-211-H020 PROTECTION OF THE VESSEL (NAVSEA) (MAR 2019) (Mar 2019)
(a) The Contractor shall exercise reasonable care, as agreed upon with the Supervisor, to protect the vessel from fire, and shall maintain a system of inspection over the activities of its welders, burners, riveters, painters, pipe fitters, and similar workers, and of its subcontractors, particularly where such activities are undertaken in the vicinity of the vessel's magazines, fuel oil tanks, or store rooms containing inflammable materials. All ammunition, fuel oil, motor fuels, and cleaning fluids shall have been offloaded and the tanks cleaned, except as may be mutually agreed upon between the Contractor and the Supervisor prior to work on the vessel by the Contractor. Fire hose lines shall be maintained by the Contractor ready for immediate use on the vessel at all times while the vessel is berthed alongside the Contractor's pier or in dry dock. All tanks under alteration or repair shall be cleaned, washed, and steamed out or otherwise made safe to the extent necessary, and the Contractor shall furnish the vessel's Gas Free Officer and the Supervisor with a "Gas Chemists' Certificate" before any hot work is done. The Contractor shall maintain a fire watch aboard the vessel in areas where the Contractor is working. All other fire watches aboard the vessel shall be the responsibility of the Government.
(b) Except as otherwise provided in contractually invoked technical specifications or NAVSEA furnished directives, while the vessel is at the Contractor's plant and when the temperature becomes as low as thirty five degrees Fahrenheit, the Contractor shall assist the Government when requested in keeping all pipelines, fixtures, traps, tanks, and other receptacles on the vessel drained to avoid damage from freezing, or if this is not practicable, the vessel shall be kept heated to prevent such damage. The vessel's stern tube and propeller hubs shall be protected by the Contractor from frost damage by applied heat through the use of a salamander or other proper means.
(c) The work shall, whenever practicable, be performed in such manner as not to interfere with the work performed by military personnel attached to the vessel, and provisions shall be made so that personnel assigned shall have access to the vessel at all times, it being understood that such personnel will not unduly interfere with the work of the Contractor's workmen.
(d) The Contractor shall at all times keep the site of the work on the vessel free from accumulation of waste material or rubbish caused by its employees, or the work performed by the Contractor in accordance with this contract, and at the completion of such work shall remove all rubbish from and about the site of the work, and shall leave the work in its immediate vicinity "broom clean", unless more exactly specified by the Supervisor.
(End of Text)
C-211-H001 ACCESS TO THE VESSEL(S) (Oct 2018)
Officers, employees and associates of other prime Contractors with the Government and their subcontractors, shall, as authorized by the Supervisor, have, at all reasonable times, admission to the plant, access to the vessel(s) where and as required, and be permitted, within the plant and on the vessel(s) required, to perform and fulfill their respective obligations to the Government. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Supervisor to be given admission to the plant and access to the vessel(s) for office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of the respective responsibilities involved, and reasonable to their performance.
(End of Text)
C-215-H002 CONTRACTOR PROPOSAL (NAVSEA) (OCT 2018) (Oct 2018)
(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with detailed obligations to which the Contractor committed itself in Proposal * dated * in response to NAVSEA Solicitation No. N00024-26-R-4114.
(b) The technical volume(s) of the Contractor's proposal is(are) hereby incorporated by reference and made subject to the "Order of Precedence" (FAR 52.215-8) clause of this contract. Under the "Order of Precedence" clause, the technical volume(s) of the Contractor's proposal referenced herein is (are) hereby designated as item (f) of the clause, following "the specifications" in the order of precedence.
*Offeror to fill-in.
(End of Text)
C-223-W002 ON-SITE SAFETY REQUIREMENTS (NAVSEA) (OCT 2018) (Oct 2018)
(a) The contractor shall ensure that each contractor employee reads any necessary safety documents within 30 days of commencing performance at any Government facility. Required safety documents can be obtained from the respective safety office. Contractors shall notify the Safety office points of contact below to report completion of the required training via email. The email shall include the contractor employee's name, work site, and contract number.
(b) It is expected that contractor employees will have received training from their employer on hazards associated with the areas in which they will be working and know what to do in order to protect themselves. Contractors are required to adhere to the requirements of 29 CFR 1910, 29 CFR 1926 and applicable state and local requirements while in Government spaces. The contractor shall ensure that all on-site contractor work at the Government facility is in accordance with any local safety instructions as provided via the COR. The contractor shall report all work-related injuries/illnesses that occurred while working at the Government site to the COR.
(c) Contractors whose employees perform work within Government spaces in excess of 1000 hours per calendar quarter during a calendar year shall submit the data elements on OSHA Form 300A, Summary of Work Related Injuries and Illnesses, for those employees to the safety office via the COR by 15 January for the previous calendar year, even if no work related injuries or , illnesses occurred. If a contractor's injury/illness rates are above the Bureau of Labor Statistics industry standards, a safety assessment may be performed by the Safety Office to determine if any administrative or engineering controls can be utilized to prevent further injuries/illnesses, or if any additional Personal Protective Equipment or training will be required.
(d) Any contractor employee exhibiting unsafe behavior may be removed from the Government site. Such removal shall not relieve the contractor from meeting its contractual obligations and shall not be considered an excusable delay as defined in FAR 52.249-14.
(e) The Safety Office points of contacts are as follows:
TO BE IDENTIFIED IN EACH ORDER, AS APPLICABLE
(End of Text)
C-223-H002 SAFETY, HEALTH AND FIRE REQUIREMENTS FOR SHIP REPAIR (NAVSEA)
(JAN 2019)
(Jan 2019)
(a) Attention of the Contractor is directed to the Occupational Safety and Health Act of 1970 (29 USC 651-678), and to the Safety and Health Regulations for Ship Repairing (29 CFR 1915), promulgated under Public Law 85-742, amending Section 41 of the Longshoremen's and Harbor Workers' Compensation Act (33 USC 941), and adopted by the Department of Labor as occupational safety or health standards under Section 6(a) of the Occupational Safety and Health Act of 1970 (See 29 CFR 1910.13). These regulations apply to all ship repair and related work, as defined in the regulations performed under this contract on the navigable waters of the United States including any dry dock and marine railway. Nothing contained in this contract shall be construed as relieving the Contractor from any obligations which it may have for compliance with the aforesaid regulations.
(b) 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.
(c) 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:
(1) Protective hard hats that meet the following specifications:
(i) 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 by the Contractor to be equally effective.
(ii) 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]
(2) Approved type Plano or prescription glasses meeting the following specifications:
(i) 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.
(ii) 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.]
(3) Safety toe shoes, with built-in protective toe box that meet the following specifications:
(i) 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.
(ii) 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.]
(End of Text)
C-223-W001 ACCIDENT REPORTING (NAVSEA) (OCT 2018) (Oct 2018)
(a) In accordance with DFARS 252.223-7002 (d), the Contractor shall immediately notify the Administrative Contracting Officer (ACO) and Procuring Contracting Officer (PCO) following an accident or incident. Also, the Contractor shall provide a written report within of the accident or incident containing, at a minimum, the following:72 hours
(1) Location, date and local time of the occurrence;
(2) Category of accident (fire, explosion, natural disaster, etc.);
(3) Identification of equipment, material and type of activity involved;
(4) Contract number;
(5) Procuring activity (name of PCO and ACO);
(6) Narrative of occurrence, including cause(s), if known;
(7) Personnel involved and degree of injury, if any. Specify whether Contractor and/or Government personnel;
(8) Assessment of damage. Estimate in dollars for contractor and/or government owned material, property, equipment;
(9) Was a news release made? If so, by whom? If not, will a news release be made?
(10) Was a request made for any assistance?
(11) Will there be any effect on production? If so, explain in detail.
(12) Corrective action taken, if any.
(13) Name and title of person submitting this report.
(b) The Contractor shall forward weekly written reports to the ACO and PCO until the accident or incident no longer affects production or when contract deliveries are on schedule.
(End of Text)
C-227-H010 COMPUTER SOFTWARE AND COMPUTER DATA BASES DELIVERED TO OR
RECEIVED FROM THE GOVERNMENT (NAVSEA) (JAN 2019)
(Jan 2019)
(a) The Contractor agrees to test for viruses, malware, Trojan Horses, and other security threats such as those listed in NIST Special Publication 800-12 Rev 1, An Introduction to Computer Security, The NIST Handbook, Chapter 4, in all computer software and computer data bases (as defined in the clause entitled "Rights In Noncommercial Computer Software and Noncommercial Computer Software Documentation" (DFARS 252.227-7014)), before delivery of that computer software or computer data base in whatever media and on whatever system the computer software or data base is delivered whether delivered separately or imbedded within delivered equipment. The Contractor warrants that when delivered any such computer software and computer data base shall be free of viruses, malware, Trojan Horses, and other security threats such as those listed in NIST Special Publication 800-12 Rev 1.
(b) The Contractor agrees that prior to use under this contract, it shall test any computer software and computer data base received from the Government for viruses, malware, Trojan Horses, and other security threats listed in NIST Special Publication 800-12 Rev 1, An Introduction to Computer Security, The NIST Handbook, Chapter 4.
(c) Any license agreement governing the use of any computer software or computer software documentation delivered to the Government as a result of this contract must be paid-up, irrevocable, world-wide, royalty-free, perpetual and flexible (user licenses transferable among Government employees and personnel under Government contract).
(d) The Contractor shall not include or permit to be included any routine to enable the contractor or its subcontractor(s) or vendor(s) to disable the computer software or computer data base after delivery to the Government.
(e) No copy protection devices or systems shall be used in any computer software or computer data base delivered under this contract with unlimited or Government purpose rights (as defined in DFARS 252.227-7013 and 252.227-7014) to restrict or limit the Government from making copies.
(f) It is agreed that, to the extent that any technical or other data is computer software by virtue of its delivery in digital form, the Government shall be licensed to use that digital-form data with exactly the same rights and limitations as if the data had been delivered as hard copy.
(g) Any limited rights legends or other allowed legends placed by a Contractor on technical data or other data delivered in digital form shall be digitally included on the same media as the digital-form data and must be associated with the corresponding digital-form technical data to which the legend(s) apply to the extent possible. Such legends shall also be placed in human-readable form on a visible surface of the media carrying the digital-form data as delivered, to the extent possible.
(End of Text)
C-227-H009 ACCESS TO DATA OR COMPUTER SOFTWARE WITH RESTRICTIVE
MARKINGS (NAVSEA) (JAN 2019)
(Jan 2019)
(a) Performance under this contract may require that the Contractor have access to technical data, computer software, or other sensitive data of another party that contains restrictive markings. If access to such data or software is required or to be provided, the Contractor shall enter into a written agreement with such party prior to gaining access to such data or software. The agreement shall address, at a minimum, (1) access to, and use of, the restrictively marked data or software exclusively for the purposes of performance of the work required by this contract, and (2) safeguards to protect such data or software from unauthorized use or disclosure for so long as the data or software remains properly restrictively marked. In addition, the agreement shall not impose any limitation upon the Government or its employees with respect to such data or software. A copy of the executed agreement shall be provided to the Contracting Officer. The Government may unilaterally modify the contract to list those third parties with which the Contractor has agreement(s).
(b) The Contractor agrees to: (1) indoctrinate its personnel who will have access to the data or software as to the restrictions under which access is granted; (2) not disclose the data or software to another party or other Contractor personnel except as authorized by the Contracting Officer; (3) not engage in any other action, venture, or employment wherein this information will be used, other than under this contract, in any manner inconsistent with this requirement; (4) not disclose the data or software to any other party, including, but not limited to, joint venturer, affiliate, successor, or assign of the Contractor; and (5) reproduce the restrictive stamp, marking, or legend on each use of the data or software whether in whole or in part.
(c) These restrictions on use and disclosure of the data and software also apply to information received from the Government through any means to which the Contractor has access in the performance of this contract that contains restrictive markings.
(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt to gain access to any information with restrictive markings. Such notification shall include the name and organization of the individual, company, or Government representative seeking access to such information.
(e) The Contractor shall include this requirement in subcontracts of any tier which involve access to information covered by paragraph (a), substituting "subcontractor" for "Contractor" where appropriate.
(f) Compliance with this requirement is a material requirement of this contract.
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C-228-H001 INDEMNIFICATION FOR ACCESS TO VESSEL (NAVSEA) (DEC 2018) (Dec 2018)
Notwithstanding any provision in the "Access to Vessel" clause (DFARS 252.217- 7011), or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other prime contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.
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C-233-H003 EQUITABLE ADJUSTMENTS: WAIVER AND RELEASE OF CLAIMS (OCT 2018) (Oct 2018)
(a) Whenever the Contractor, after receipt of a change made pursuant to the clause of this contract entitled "Changes" or after affirmation of a constructive change under the clause entitled "Notification Of Changes", submits any claim for equitable adjustment under the foregoing, such claim shall include all types of adjustments in the total amounts to which the foregoing entitle the Contractor, including but not limited to adjustments arising out of delays or disruptions or both caused by such change.
(b) Further, the Contractor agrees (except as the parties may otherwise agree) that, if required by the Contracting Officer, it will execute a release, in form and substance satisfactory to the Contracting Officer, as part of the supplemental agreement setting forth the aforesaid equitable adjustment, and that such release shall discharge the Government, its officers, agents and employees, from any further claims including but not limited to further claims arising out of delays or disruptions or both, caused by the aforesaid change.
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C-237-H002 SUBSTITUTION OF KEY PERSONNEL (NAVSEA) (OCT 2018) (Oct 2018)
(a) The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed. Accordingly, the Contractor agrees to assign to this contract those key persons whose resumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Officer in accordance with this requirement. Substitution shall include, but not be limited to, subdividing hours of any key personnel and assigning or allocating those hours to another individual not approved as key personnel.
(b) All proposed substitutes shall have qualifications equal to or higher than the qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any proposed substitution at least forty-five (45) days, or ninety (90) days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include: (1) an explanation of the circumstances necessitating the substitution; (2) a complete resume of the proposed substitute; (3) an explanation as to why the proposed substitute is considered to have equal or better qualifications than the person being replaced; (4) payroll record of the proposed replacement; and (5) any other information requested by the Contracting Officer to enable him/her to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.
(c) Key personnel are identified in an attachment in Section J.
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C-242-H001 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (OCT 2018) (Oct 2018)
(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.
(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.
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C-242-H002 POST AWARD MEETING (NAVSEA) (OCT 2018) (Oct 2018)
(a) A post-award meeting with the successful offeror will be conducted within days after award of the [contract / task 30 order]. The meeting will be held via teleconference.
(b) The contractor will be given working days notice prior to the date of the meeting by the Contracting Officer.10
(c) The requirement for a post-award meeting shall in no event constitute grounds for excusable delay by the contractor in performance of any provisions in the [contract / task order].
(d) The post-award meeting will include, but is not limited to, the establishment of work level points of contact, determining the administration strategy, roles and responsibilities, and ensure prompt payment and close out. Specific topics shall be mutually agreed to prior to the meeting.
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C-244-H002 SUBCONTRACTORS/CONSULTANTS (NAVSEA) (FEB 2023) (Feb 2023)
In addition to the information required by FAR 52.244-2(e) of the contract, when consent to subcontract is required per FAR 52.244-2, the contractor shall also include the following information in requests to add subcontractors or consultants during performance:
(1) Impact on subcontracting goals,
(2) Impact on providing support at the contracted value,
(3) IF SEAPORT TASK ORDER - The results of negotiations to incorporate fee rate caps no higher than the lower of (i) SeaPort NXG fee rate caps for the prime contractor, or in the case where the proposed subcontractor is also a SeaPort NXG prime, (ii) fee rate caps that are no higher than the subcontractor's prime SeaPort NXG contract.
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C-245-H004 INFORMATION AND DATA FURNISHED BY THE GOVERNMENT--BASIC
(NAVSEA) (MAY 2019)
(May 2019)
(a) . The Government will furnish, if not included as an attachment to the contract, any unique contract Contract Specifications specifications set forth in Section C.
(b) . The Government will furnish contract drawings, design agent drawings, ship construction Contract Drawings and Data drawings, and/or other design or alteration data cited or referenced in Section C or in the contract specification as mandatory for use or for contract performance.
(c) . GFI is defined as that information essential for the installation, test, operation, Government Furnished Information (GFI) and interface support of all Government Furnished Material identified in an attachment in Section J. The Government shall furnish only the GFI identified in an attachment in Section J. The GFI furnished to the contractor need not be in any particular format. Further, the Government reserves the right to revise the listing of GFI as follows:
(1) The Contracting Officer may at any time by written order:
(i) delete, supersede, or revise, in whole or in part, data identified in an attachment in Section J; or
(ii) add items of data or information to the attachment identified in Section J; or
(iii) establish or revise due dates for items of data or information in the attachment identified in Section J.
(2) If any action taken by the Contracting Officer pursuant to subparagraph (1) immediately above causes an increase or decrease in the costs of, or the time required for, performance of any part of the work under this contract, the contractor may be entitled to an equitable adjustment in the contract amount and delivery schedule in accordance with the procedures provided for in the "CHANGES" clause of this contract.
(d) Except for the Government information and data specified by paragraphs (a), (b), and (c) above, the Government will not be obligated to furnish the Contractor any specification, standard, drawing, technical documentation, or other publication, notwithstanding anything to the contrary in the contract specifications, the GFI identified in an attachment in Section J, the clause of this contract entitled "Government Property" (FAR 52.245-1) or "Government Property Installation Operation Services" (FAR 52.245-2), as applicable, or any other term or condition of this contract.
(e) . The Government will not be obligated to furnish Government specifications and standards, Referenced Documentation including Navy standard and type drawings and other technical documentation, which are referenced directly or indirectly in the contract specifications set forth in Section C and which are applicable to this contract as specifications. Such referenced documentation may be obtained:
(1) From the ASSIST database via the internet at https://assist.dla.mil/online/start/; or
(2) By submitting a request to the
Department of Defense Single Stock Point (DoDSSP)
Building 4, Section D
700 Robbins Avenue
Philadelphia, Pennsylvania 19111-5094
Telephone (215) 697-6396
Facsimile (215) 697-9398
Commercial specifications and standards, which may be referenced in the contract specification or any sub-tier specification or standard, are not available from Government sources and should be obtained from the publishers.
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C-246-H001 EXTENSION OF COMMERCIAL WARRANTY (NAVSEA) (OCT 2018) (Oct 2018)
The Contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale, provided that such warranty is available at no additional cost to the Government. The Contractor shall provide a copy of the standard commercial warranty with the item. The standard commercial warranty period shall begin upon the final acceptance of the applicable material or software. Acceptance of the standard commercial warranty does not waive the Government's rights under the "Inspection" clause, nor does it limit the Government's rights with regard to other terms and conditions of the contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty.
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C-246-H002 GOVERNMENT USE OF CONTRACTOR’S INSPECTION EQUIPMENT (NAVSEA)
(OCT 2018)
(Oct 2018)
The contractor's gages, measuring, and testing devices shall be made available to the Government when required to determine contractor conformance with contract requirements. If conditions warrant, the contractor's personnel shall be made available for operation of such devices and for verification of their accuracy and condition.
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C-251-H001 ACCESS TO THE NAVY SUPPLY SYSTEM (NAVSEA) (APR 2024) (Apr 2024)
(a) In compliance with the comparability requirement of 10 U.S.C. 8684, Overhaul of Naval Vessels:
Competition Between Public and Private Shipyards, will be provided equal access to the Naval Supply System.
Use by private yards is permissive, not mandatory.
N0002426R4114 https://assist.dla.mil/online/start/
(b) Pursuant to the clause of this contract entitled "Government Supply Sources" (FAR 52.251-1) the hereby authorizes the Contractor to place with the Navy Supply System for materialsContracting Officer orders and or other supplies necessary to perform the required work. The Naval Supply System shall equipment process such orders in the as it would for any other Navy supply user, and the Contractor shall same manner on account of materials and and other supplies ordered or received in withmake payment equipment accordance the of the Naval Supply but in no event shall in full be any normal requirements Systems Command, payment later than 30 the Contractor of each order. The pay the Naval Supply days after receipt by Contractor shall any costs for or other any surcharges System materials, equipment, supplies obtained including normally charged to any other Naval Supply System user.
(c) This contract has been priced on the basis that, except as specifically provided in this elsewhere contract with to furnished property, the Contractor shall all regards Government provide necessary materials, equipment and supplies for performance of this contract. If the Contractor uses the Naval Supply it has elected to System, use the system for its own convenience to its contractual obligations to perform the work under this meet contract. The Naval Supply System is considered to be an source or vendor of contractor alternate furnished therefore, or other supplies ordered or obtained from the Naval Supply material; materials, equipment, System are specifically not considered to be furnished material, but are to be contractor Government considered furnished The no representation as to the availability of or material. Government makes materials, equipment, other supplies for the of the work required under this contract, nor shall unavailability, late delivery, performance delivery of supplies, higher costs of the Naval Supply System (if any), or any failure of the non-conforming Naval Supply System to the expectations or of the delay or meet requirements Contractor constitute excusable grounds for equitable or any other to the or relief from the to perform in adjustment contract requirement accordance with of the contract.the terms
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Section D - Packaging and Marking
NOTES
CLIN 0001, 0002 and 0003- The supplies to be furnished by the Contractor shall be preserved, packaged, packed and marked in accordance with best commercial practices to ensure safe delivery at destination, per instructions specified in orders issued by the Administrative Contracting Officer (ACO), if applicable. Does not apply to travel.
Packaging shall be accomplished in a manner which will ensure acceptance by a common carrier and will provide protection against corrosion, deterioration, physical, mechanical and electrical damage during shipment. The shipping containers or method of packaging shall conform to the Uniform Freight Classification Rules and Regulations. All items shall be bar-coded in conformance with UID requirements (DFARS Clause 252.211- 7003, Item Identification and Valuation).
CLIN 0004-Not applicable
CLIN 0005- Data to be delivered by Integrated Digital Environment (IDE) or other electronic media shall be as specified in the CDRLs or if further detailed in the orders issued by the ACO.
All unclassified data to be shipped shall be prepared for shipment in accordance with best commercial practice, if applicable. Classified reports, data, and documentation shall be prepared for shipment in accordance with the National Industrial Security Program Operating Manual (NISPOM), DOD 5220.22-M dated 28 February 2006.
Additional Marking Requirements for all CLINs:
The following Distribution Statement should be properly inserted on data deliverables and/or documentation under Items only containing technical data as described in US Government 22 CFR 120-130 International Traffic in Arms Regulations:
DISTRIBUTION STATEMENT D: Distribution authorized to the Department of Defense and U.S. DoD Contractors only for Administrative or Operational Use, 11 July 2018. Other requests shall be referred to PAE Maritime, Washington Navy Yard, DC
Additional Regulation or Supplemental Clauses Incorporated by Full Text
D-211-H002 MARKING OF REPORTS (NAVSEA) (OCT 2018) (Oct 2018)
All reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:
(1) name and business address of the Contractor
(2) contract number
(3) sponsor: ACO as specified in Section G
(Name of Individual Sponsor)
PAE Maritime
(Name of Requiring Activity)
WASHINGTON, D.C.
(City and State)
D-247-W002 UNPACKING INSTRUCTIONS (NAVSEA) (OCT 2018) (Oct 2018)
(a) Location on Container. When practical, one set of the unpacking instructions will be placed in a heavy water-proof envelope prominently marked "UNPACKING INFORMATION" and firmly affixed to the outside of the shipping container in a protected location, preferably between the cleats on the end of the container adjacent to the identification marking. If the instructions cover a set of equipment packed in multiple containers, the instructions will be affixed to the number one container of the set. When the unpacking instructions are too voluminous to be affixed to the exterior of the container, they will be placed inside and directions for locating them will be provided in the envelope marked "UNPACKING INFORMATION".
(b) Marking Containers. When unpacking instructions are provided, shipping containers will be stenciled "CAUTION-THIS EQUIPMENT MAY BE SERIOUSLY DAMAGED UNLESS UNPACKING INSTRUCTIONS ARE CAREFULLY FOLLOWED. UNPACKING INSTRUCTIONS ARE LOCATED ." When practical, this marking will be applied adjacent to the identification marking on the TBD IN EACH ORDER, AS APPLICABLE side of the container.
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D-247-W001 PROHIBITED PACKING…
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