N00033-13-R-7508-0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to add and delete w ork items and CDRLs, and to revise CLINs, attachments, and w ork items accordingly.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 16

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

16C. DATE SIGNED

BY 22-Aug-2013

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 N00033-13-R-7508

X 9B. DATED (SEE ITEM 11)

08-Aug-2013

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 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

22-Aug-2013

CODE

MILITARY SEALIFT COMMAND WASHINGTON D.C.

914 CHARLES MORRIS COURT SE

WASHINGTON NAVY YARD DC 20398-5540

N00033 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N00033-13-R-7508

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0002

The purpose of this amendment is as follows:

1. Add the following Work Items:

1019, Ram Tensioner Upper Sheave Assy Refurbishment 1020, UNREP Light Bracket Replacement 1021, Provide Test Weights and Conduct SOT III Testing 1022, Elevator Hoist Wire Rope Replacement 1023, Elevator Brake Disc Replacement

2. Revise CLIN 0001 extended description as follows:

a. Delete duplicate WI 122

b. Delete WI 130 and WI 523

c. Add WI 1019, WI 1020, WI 1021, WI 1022, WI 1023

d. Revise Hazardous Waste handling fee rate section from 7.4.1 to 7.5.1

e. Revise unit price per KWh section from 7.1.1.4 to 7.1.1.d

f. Revise unit price per gallon of potable water section from 7.1.3.2 to 7.1.3.b

g. Revise unit price per gallon of distilled water section from 7.1.4.2 to 7.1.4.b

h. Add section 7.10 after “Proposed unit price per crane usage, Work Item 011,” to read “Proposed unit price per crane usage, Work Item 011, 7.10”

i. Add “Proposed unit price per gallon of bilge water disposal $ in accordance with Work Item 011, 7.1.20.c”

3. Revise CLIN 0014 by deleting WI 102, WI 521, WI 531, WI 533, and WI 606.

4. Revise CLIN 0021 Additional Requirements from 76,458 to 77,066 man-hours.

5. Revise Subsection H-7 Additional Requirements total hours in Paragraphs (a)(1) and (e) from 85,190 to 85,798 man-hours.

6. Revise Attachment J-2 to reflect the above changes.

7. Revise Attachment J-2 to clarify and revise the CLIN total pricing table provided below the contractor price breakdown table on the Cat A Items tab.

8. Revise the footer of Attachment J-2 Cat B Items tab from “ATTACHMENT J-4” to “ATTACHMENT J- 2.”

9. Attachment J-4 is updated to include GFM for Work Item 1019.

10. Revise Attachment J-6 as follows:

a. Delete CDRL 035, GFM / GFE REPORTS, in its entirety.

b. Add “SHOP” to the title of CDRL 078, to read “AN/URA-38 PRESSURE SHOP TEST

RESULTS”

c. Revise TABLE 1 - CDRL LIST as follows:

Revise CDRLs 002 and 003 paragraph references from 7.1.2.1 to 7.1.2.a Delete CDRL 108, CHT PUMP ROOM BILGE PRESERVATION REPORT

d. Add the following CDRLs:

174, QUALITY ASSURANCE PLAN OR MANUAL

175, TEST PLAN

176, SYSTEM TEST PLAN

11. Revise Work Item 013 by adding the following paragraph to section 7.1.7 MILESTONES:

i. Work Item 206, MCS Installation Complete – 179 days after start of the availability the MCS work item installation will be completed by the MCS Contractor.

12. All other terms and conditions remain unchanged.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from WI 001, WI 002, WI 003, WI 004, WI 005, WI 006, WI 007, WI 010, WI 011, WI 012, WI 013, WI 014, WI 015, WI 016, WI 017, WI 018, WI 019, WI 020, WI 021, WI 022, WI 023, WI 101, WI 105, WI 106, WI 107, WI 108, WI 109, WI 110, WI 111, WI 112, WI 113, WI 114, WI 115, WI 116, WI 117, WI 118, WI 119, WI 120, WI 122, WI 122, WI 123, WI 125, WI 126, WI 127, WI 128, WI 129, WI 130, WI 133, WI 134, WI 135, WI 136, WI 202, WI 203, WI 206, WI 207, WI 209, WI 218, WI 222, WI 223, WI 301, WI 305, WI 306, WI 311, WI 313, WI 314, WI 403, WI 405, WI 406, WI 408, WI 409, WI 410, WI 411, WI 412, WI 413, WI 414, WI 415, WI 417, WI 419, WI 420, WI 421, WI 422, WI 423, WI 424, WI 507, WI 514, WI 515, WI 523, WI 529, WI 534, WI 539, WI 547, WI 549, WI 550, WI 551, WI 553, WI 555, WI 556, WI 557, WI 561, WI 562, WI 601, WI 603, WI 604, WI 607, WI 608, WI 611, WI 612, WI 613, WI 614, WI 615, WI 617, WI 618, WI 619, WI 621, WI 622, WI 623, WI 624, WI 626, WI 627, WI 629, WI 631, WI 632, WI 633, WI 634, WI 635, WI 636, WI 638, WI 640, WI 641, WI 642, WI 643, WI 644, WI 801, WI 802, WI 901, WI 903, WI 904, WI 906, WI 907, WI 908, WI 909, WI 910, WI 912, WI 913, WI 915, WI 916, WI 917, WI 918, WI 919, WI 920, WI 927, WI 928, WI 932, WI 1001, WI 1002, WI 1003, WI 1004, WI 1005, WI 1006, WI 1007, WI 1008, WI 1009, WI 1010, WI 1011, WI 1012, WI 1013, WI 1014, WI 1015, WI 1016, WI 1017, WI 1018Proposed Hazardous Waste handling fee rate inaccordance with Work Item 023, 7.4.1: %Proposed unit price per KWh $ in accordancewith Work Item 011, 7.1.1.4Proposed unit price per gallon of potable water $in accordance with Work Item 011, 7.1.3.2Proposed unit price per gallon of distilled water $ in accordance with Work Item 011, 7.1.4.2Proposed unit price per crane usage, Work Item 011: $ to WI 001, WI 002, WI 003, WI 004, WI 005, WI 006, WI 007, WI 010, WI 011, WI 012, WI 013, WI 014, WI 015, WI 016, WI 017, WI 018, WI 019, WI 020, WI 021, WI 022, WI 023, WI 101, WI 105, WI 106, WI 107, WI 108, WI 109, WI 110, WI 111, WI 112, WI 113, WI 114, WI 115, WI 116, WI 117, WI 118, WI 119, WI 120, WI 122, WI 123, WI 125, WI 126, WI 127, WI 128, WI 129, WI 133, WI 134, WI 135, WI 136, WI 202, WI 203, WI 206, WI 207, WI 209, WI 218, WI 222, WI 223, WI 301, WI 305, WI 306, WI 311, WI 313, WI 314, WI 403, WI 405, WI 406, WI 408, WI 409, WI 410, WI 411, WI 412, WI 413, WI 414, WI 415, WI 417, WI 419, WI 420, WI 421, WI 422, WI 423, WI 424, WI 507, WI 514, WI 515, WI 529, WI 534, WI 539, WI 547, WI 549, WI 550, WI 551, WI 553, WI 555, WI 556, WI 557, WI 561, WI 562, WI 601, WI 603, WI 604, WI 607, WI 608, WI 611, WI 612, WI 613, WI 614, WI 615, WI 617, WI 618, WI 619, WI 621, WI 622, WI 623, WI 624, WI 626, WI 627, WI 629, WI 631, WI 632, WI 633, WI 634, WI 635, WI 636, WI 638, WI 640, WI 641, WI 642, WI 643, WI 644, WI 801, WI 802, WI 901, WI 903, WI 904, WI 906, WI 907, WI 908, WI 909, WI 910, WI 912, WI 913, WI 915, WI 916, WI 917, WI 918, WI 919, WI 920, WI 927, WI 928, WI 932, WI 1001, WI 1002, WI 1003, WI 1004, WI 1005, WI 1006, WI 1007, WI 1008, WI 1009, WI 1010, WI 1011, WI 1012, WI 1013, WI 1014, WI 1015, WI 1016, WI 1017, WI 1018, WI 1019, WI 1020, WI 1021, WI 1022, WI 1023Proposed Hazardous Waste handling fee rate in accordance with Work Item 023, 7.5.1: % Proposed unit price per KWh $ in accordance with Work Item 011, 7.1.1.d Proposed unit price per gallon of potable water $ in accordance with Work Item 011, 7.1.3.b Proposed unit price per gallon of distilled water $ in accordance with Work Item 011, 7.1.4.b Proposed unit price per crane usage, Work Item 011, 7.10: $ Proposed unit price per gallon of bilge water disposal $ in accordance with Work Item 011, 7.1.20.c..

CLIN 0014

The CLIN extended description has changed from WI 102, WI 103, WI 104, WI 124, WI 220, WI 221, WI 304, WI 401, WI 402, WI 404, WI 407, WI 501, WI 502, WI 503, WI 504, WI 505, WI 506, WI 509, WI 511, WI 512, WI 513, WI 520, WI 521, WI 522, WI 528, WI 531, WI 533, WI 538, WI 605, WI 606, WI 639 to WI 103, WI 104, WI 124, WI 220, WI 221, WI 304, WI 401, WI 402, WI 404, WI 407, WI 501, WI 502, WI 503, WI 504, WI 505, WI 506, WI 509, WI 511, WI 512, WI 513, WI 520, WI 522, WI 528, WI 538, WI 605, WI 639.

CLIN 0021

The CLIN extended description has changed from In accordance with Section H-7 Clause for:76,458 man-hours @ $ per man-hour to In accordance with Section H-7 Clause for:77,066 man-hours @ $ per man-hour.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

H-1 MSC 5252.203-9800 EMPLOYMENT OF NAVY PERSONNEL RESTRICTED (DEC 1988)

In the performance of this contract, the Contractor will not use as a consultant or employ (on either a full or part time basis) any active duty Navy personnel (civilian or military) without the prior approval of the Contracting Officer. Such approval may be given only in circumstances where it is clear that no laws and no DoD or Navy instructions, regulations, or policies are contravened and no appearance of a conflict of interest will result.

H-2 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, 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.

(b) 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.

(c) 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, 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 incurred as a result thereof. The address and telephone number of the Contracting Officer is:

NAME: Elyssa Parana ADDRESS: 914 Charles Morris Court, SE Washington Navy Yard, DC 20398

TELEPHONE: (202) 685-5933

EMAIL: elyssa.parana@navy.mil

H-3 EXECUTION OF CATEGORY B ITEMS

(a) Category B items are items of work whose necessity is not known at the time of contract award. These items are priced by the Contractor during solicitation and may be exercised unilaterally by the Contracting Officer, if required.

(b) The Contracting Officer will notify the Contractor in writing prior to the completion of the associated PWS Work Item when Category B items are required to be accomplished as part of this contract. Those items that are deemed NOT necessary by the Government will not be exercised.

H-4 NAVSEA 5252.223-9114 MANAGEMENT AND DISPOSAL OF HAZARDOUS WASTE (NOV

1996)

(a) GENERAL

(1) The Contractor shall comply with the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 10 U.S.C. 7311 and all other applicable Federal, State and local laws, codes, ordinances and regulations for the management and disposal of hazardous waste.

(2) Nothing contained in this special contract requirement shall relieve the Contractor from complying with applicable Federal, State, and local Laws, codes, ordinances, and regulations, including obtaining licenses and permits, giving notices and submitting reports, in connection with hazardous waste management and disposal in the performance of this contract. Nothing contained herein shall serve to alter either party's liability or responsibility under CERCLA.

(3) Materials contained in ship systems are not waste until after removal from the system.

(b) IDENTIFICATION OF HAZARDOUS WASTES

Work item 023 of this contract identifies the types and amounts of hazardous wastes that are required to be removed by the Contractor, or that are expected to be generated, during the performance of work under this contract.

(c) GENERATOR IDENTIFICATION NUMBERS

(1) Documentation related to hazardous waste generated solely by the physical actions of ship's force or Navy employees on board the vessel shall only bear a generator identification number issued to the Navy pursuant to applicable law.

(2) Documentation related to hazardous waste generated solely by the physical actions of Contractor personnel shall only bear a generator identification number issued to the Contractor pursuant to applicable law. Regardless of the presence of other materials in or on the shipboard systems or structures which may have qualified a waste stream as hazardous, where the Contractor performs work on a system or structure using materials (whether or not the use of such materials was specified by the Navy) which by themselves would cause the waste from such work to be a hazardous waste, documentation related to such waste shall only bear a generator identification number issued to the Contractor.

(3) Documentation related to hazardous waste generated by the combined physical actions of Navy and Contractor personnel shall bear a generator identification number issued to the Contractor pursuant to applicable law and shall also cite in the remarks block a generator identification number issued to the Navy pursuant to applicable law.

(4) Notwithstanding paragraphs (c)(1) - (c)(3) above, hazardous wastes are considered to be co-generated in cases where: (a) the Contractor merely drains a system and such drainage creates hazardous waste or (b) the Contractor performs work on a system or structure using materials which by themselves would not cause the waste from such work to be hazardous waste but such work nonetheless creates a hazardous waste.

Documentation related to such co-generated waste shall bear a generator identification number in accordance with the provisions of paragraph (c)(3) above.

(5) In the event of a failure by the parties to agree to the assignment of a generator identification number to any hazardous waste as set forth in paragraphs (c)(1) through (c)(4) above, the Government may direct which party or parties shall provide generator identification numbers for the waste and such number(s) shall be used on all required documentation. Any disagreement with this direction shall be a dispute within the meaning of clause of this contract entitled "DISPUTES" (FAR 52.233-1). However, the Contractor shall not stop any work but shall continue with performance of all work under this contract as specified in the "DISPUTES" clause.

(6) Hazardous Waste Manifests For wastes described in (c)(2), (c)(3), and (c)(4) above (and (c)(5) as applicable), the Contractor shall sign the generator certification on the Uniform Hazardous Waste Manifest whenever use of the Manifest is required for disposal. The Contractor shall obtain concurrence with the categorization of wastes under paragraphs (c)(3) and (c)(4) above before completion of the manifest. Manifests prepared pursuant to paragraph (c)(1) above shall be presented to the Contracting Officer for completion after the hazardous waste has been identified.

(7) For purposes of paragraphs (c)(2) and (3) herein, if the Contractor, while performing work at a Government facility, cannot obtain a separate generator identification number from the State in which the availability will be performed, the Contractor shall notify the Contracting Officer 3 business days of receipt of written notification by the State. After obtaining Contracting Officer approval, the Contractor shall use the Navy site generator identification number and insert in the remarks block the contractor generator identification number issued for the site where his main facilities are located. For purposes of paragraph (c)(1) herein, if the work is being performed at a contractor facility and the Government cannot obtain a separate generator identification number for the State, the Government shall use the Contractor site generator identification number and shall cite in the remarks block a Navy generator identification number. In both instances described above, the Contractor shall prepare the Uniform Hazardous Waste Manifest described in paragraph (c)(6) above and present it to RMC for completion.

H-5 MSC 5252.223-9800 PREVENTION OF THE DISCHARGE OF OIL AND HAZARDOUS

SUBSTANCES (DEC 1988)

(a) POLICY. In compliance with Executive Order Number 117552 (38 F.R. 34793), the policy of the Department of the Navy is to conform to the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq), and the Oil Pollution Act of 1990, as amended (33 U.S.C. 2701 et seq), insofar as these Acts prohibit the discharge of oil, oily mixtures, and hazardous substances, and regardless of whether or not these Acts pertain specifically to the Naval vessel and shore activities. The provisions of this clause are intended to implement that policy with respect to the vessel(s) being constructed or undergoing repair and overhaul under this contract.

(b) Definitions. For the purpose of this clause, the terms "oil," "oily mixtures," "hazardous substance," and "discharge" shall have the meanings as defined in the Acts referred to in Paragraph (a) of this clause and other environmental statutes.

(c) Trials. Prior to commencement of any dock or sea trials hereunder, the Contractor shall assure the MSFSCREP by demonstrations, completed test memoranda, or other means reasonably acceptable to the MSFSCREP that all equipment, the function of which is to prevent the accidental discharge of oil, oily mixtures, or hazardous substances from the vessel, that the Contractor is required by the specifications to install, are fully operable.

(d) Reports. The contractor shall, as soon as he has knowledge of any discharge of oil, oily substance, or hazardous substance from the vessel, immediately notify the MSFSCREP thereof and shall immediately take all reasonable steps to prevent further discharge. Within 24 hours thereafter, the Contractor shall file with the MSFSCREP the "Oil or Hazardous Substance Discharge Report" set out in the DD Form 1423 herein.

(e) Liability. The Contractor shall not be liable for the costs incurred by the Government for the removal of such oil, oily mixture, or hazardous substance, except that the Contractor shall be liable to the Government for all such costs of removal where such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the Contractor.

H-6 MSC 5252.243-9800 DOCUMENTATION OF REQUESTS FOR EQUITABLE

ADJUSTMENT/CLAIMS (JAN 1991)

(a) For the purpose of this clause, the term "contractor adjustment request" (CAR) includes (1) a request for an "equitable adjustment" of the contract price, schedule or other contract terms and conditions that is asserted on the basis of a written order of the Contracting Officer designated as a change order in accordance with FAR 43.2, the Additional Requirements Clause, or on the basis of a constructive change and (2) any "claim" as defined at FAR 33.201.

(b) Whenever the Contractor submits a CAR to the Contracting Officer, the CAR shall include a "Contractor's Proposal" fully supporting the CAR. The Contractor's Proposal shall, to the extent required by the Contracting Officer, include the following:

(1) A description of work required by the contract, including citations to the contract, before the factual events, which led to the CAR;

(2) A detailed report on the status of the work as originally required by the contract;

(3) A description of new work required by the change order or other events which led to the CAR;

(4) A list of components, equipment, and other identifiable property involved in the CAR. The status of manufacture, procurement, or installation of Contractor Furnished Property is to be indicated. The status of specified design and production work. Items of raw material, purchased parts, components, and other identifiable hardware, which are made excess by the change and which are not to be retained by the Contractor, are to be listed for later disposition;

(5) A description of work completed which is deleted, or will be deleted, by the events, which led to the

CAR;

(6) A description of interferences and inefficiencies involved in performing the work;

(7) A description of each element of work disruption and exactly how work has been, or will be, disrupted, including:

(i) The calendar period of time during which disruption occurred, or will occur;

(ii) Area(s) aboard the ship where disruption occurred, or will occur;

(iii) Trade(s) disrupted, with a breakdown of manhours for each trade;

(iv) Scheduling of trades before, during, and at the period of disruption;

(v) Description of measures taken to lessen the disruptive effect.

(8) Delay in delivery attributable solely to the events, which led to the CAR;

(9) Other new work attributable to the events which led to the CAR;

(10) Supplementing the foregoing, a narrative statement of the direct causal relationship between any alleged Government act or omission, and the claimed consequences thereof, cross-referenced to the detailed information provided as required above;

(11) A Contract Pricing Proposal (SF 1411) of costs for the CAR, including material, labor, indirect costs and other associated costs;

(12) A statement of costs budgeted for the work as originally specified under the contract (prior to the events leading to the CAR).

(c) The information furnished for each CAR shall be in sufficient detail to permit the Contracting Officer to make a determination and take the appropriate contract action. The Contractor shall have the obligation to timely deliver to the Contracting Officer any requested additional information concerning the CAR.

(d) Each CAR shall include all certifications required by statute and regulation appropriate for a claim of its dollar amount.

H-7 MSC 5252.217-9801 ADDITIONAL REQUIREMENTS (JAN 1991) CLINS 0021 & 0023

(a) (1) The Contractor shall schedule the performance of all items of the work package, including the Category

“B” Items set forth in CLINs 0002 through 0013 and CLINs 0015 through 0020 and the Contractor Price Breakdown, so as to permit up to a total of 85,798AMEND0002 direct production (both prime and subcontractor) manhours of work to be performed as "Additional Requirements" (including supplemental, emergent and new work). The contractor agrees that these Additional Requirements manhours, if ordered, shall be performed concurrently with the aforementioned work items, during the contract period of performance, without impacting, accelerating, or causing delay or disruption to the work required by the aforementioned work items, to any other Government contract, or to any other work in progress for the Government.

(2) The "Additional Requirements", if required, shall be ordered during the contract period of performance, as may be modified, on the following schedule:

(i) No more than 75% of the hours during the second quarter of the contract availability.

(ii) No more than 50% of the hours during the third quarter of the contract availability.

(iii) No more than 30% of the hours during the fourth quarter of the contract availability.

(iv) No more than 20% of the hours during the 20 days prior to redelivery of the vessel by the shipyard, as such date may be extended by contract modification.

(b) Whenever the Government orders Additional Requirements pursuant to this clause, the contractor shall submit a price proposal for such work. This proposal shall be submitted within 3 days of the receipt of the Government's request for a proposal, or within such additional time provided in writing by the Contracting Officer. The contractor's failure to submit its proposal within the 3 days, or such extended period of time, may be considered a failure of the parties to negotiate a fair and reasonable price for the "Additional Requirements" and will permit the Contracting Officer to take any of the three options set forth in subparagraph (c) below. "Additional Requirements" proposals shall be priced using the fully loaded rate set forth in Section B, CLIN 0021 and CLIN 0023. The Contractor shall indicate the fully loaded manhour labor rate (including profit, G&A, QA, supervision, support functions, and all indirect charges). This rate will be used in evaluating the Contractor's proposal and also will be used for negotiating changes as required by this clause. The contractor agrees that the number of manhours included in its price proposal for such Additional Requirements shall include only direct production manhours. For these purposes, direct production manhours (both prime and subcontractor) are for skilled labor at the journeyman level expended in direct production as exemplified by the following functions:

Abrasive cleaning/blasting Tank cleaning Welding Machinists (inside and outside) Burning Brazing Carpentry Electrical Work Electronic Work Shipfitting Lagging Painting Boilermaking Pipefitting Sheetmetal Work Engineering Rigging Staging/scaffolding General Labor Fire Watch

Direct production manhours will not include those functions (whether charged directly or indirectly by the offeror's accounting system) which are herein defined as support for production functions. Necessary support functions shall be considered to be included in the offeror's fully burdened rate for direct production manhours. Examples of support functions include:

Testing Quality Assurance Planning Cleaning (except tank cleaning) Material handling & Warehousing Security Surveying Administration Transportation Purchasing staff Supervision (Technical Representative Lofting services as required by the MSFSC Other indirect support representative shall be reimbursed outside of this clause.)

Material costs will not be included in the "Additional Requirements" direct production manhour rate. Material costs and profit for material costs shall be proposed as part of the contractor's proposal if "Additional Requirements" are ordered.

(c) Upon receipt of the Contractor's price proposal for the "Additional Requirements" the Contractor and the Contracting Officer shall negotiate the scope of the effort. If a fair and reasonable price cannot be negotiated between the Contractor and the Contracting Officer, the Contracting Officer reserves the right to:

(1) Have the work performed by the Government;

(2) Conduct a separate competitive procurement for the "Additional Requirements," resulting in the award of a contract which may be performed during the original period of performance of this contract;

(3) Defer the work to a designated post-overhaul repair period, which will be the subject of a separate procurement.

In cases of (1) and (2) above, Government personnel and/or other contractor personnel may perform the "Additional Requirements" during the performance period of this contract at the initial prime contractor's facility pursuant to the "Access to Vessels" clause.

(d) (1) The Contractor warrants and hereby certifies that its price for the firm fixed portion of this Contract

(CLIN 0001s through 0020) does not include any amount for the "Additional Requirements" (CLINs 0021 through 0024). "Additional Requirements" (CLINs 0021 through 0024), if any, will be added by supplemental agreement, contract modification, or change order.

(2) It is recognized, however, that, should the Government elect to pursue the options outlined in subparagraph (c) (1) and (2) above, the presence of the Government or another contractor may delay, disrupt or otherwise adversely impact upon the performance of this Contract. Consequently, the contractor's price for the firm fixed price portion of the Contract (CLINs 0001 through 0020) will be deemed to include all costs, if any, of supporting one or more third parties (including government employees and/or other contractor's workers) at the overhaul site in performance of "Additional Requirements", should the government elect to pursue such a course. Increased costs that may result from third party presence as described above, may include, but are not limited to: insurance; physical plant security; reasonable access for third party workers who must transit the contractor's facility or any other work site provided by the contractor at which the ship may be berthed; utilities used aboard the ship or in proximity of the ship in support of the overhaul; and similar requirements. Third party presence will occur only if the prime ship repair contractor and the Government cannot agree upon a fair and reasonable price. The Contractor should be guided in determining the costs, if any, of supporting such third party presence in its price proposal for CLINs 0001 through 0020, based on a risk assessment relative to the probability of proposing fair and reasonable prices versus reaching a potential impasse with the Government which would precipitate third party presence.

(3) The Contractor knowingly and voluntarily waives all claims against the Government and/or other third party contractors for delay, disruption, loss of efficiency, or other impact arising out of or based upon the presence of Government or other contractor employees performing the "Additional Requirements" at this contractor's facility. Furthermore, in cases described in sub-paragraphs (c)(1) and (2) above, the Contractor waives any right to claims of interference under the Clause entitled "Access to Vessels".

(e) The contractor agrees that its manhour rate for the 85,798AMEND0002 manhours of “Additional Requirements” includes the complete and full compensation to which it is entitled, including, but not limited to, compensation for all the direct labor costs, (e.g. straight time, overtime, premium time, shift differential, holiday time, standby time, etc.) for performing the Additional Requirements, as well as compensation for acceleration, delay and disruption and other impact, if any, to the aforementioned work items, to work performed under any other Government contract and to any work in progress for the Government. The contractor further agrees that it is not entitled to a time extension to the delivery date of any ship under a Government contract by reason of or as a result of the ordering of 85,798AMEND0002 manhours of “Additional Requirements.”

(f) "Additional Requirements" does not include work performed pursuant to the clause of this Contract entitled "Inspection of and Manner of doing work," "Guarantees," or other contract provisions relating to the corrections of defects.

(g) The contractor agrees that the Government's rights under this clause are in addition to and do not abrogate its rights under the Changes Clause.

H-8 MSC 5252.243-9801 SEGREGATION OF COST (JAN 1991)

In the performance of this contract, the Contractor shall track and segregate the costs of performance allocable to the contract at the work item level and work item modification level. The requirements of this clause are in addition to the requirements of the clause "Change Order Accounting".

H-9 MSC 5252.233-9800 WAIVER OF CLAIMS (DEC 1988)

All requests for equitable adjustment to the contract price and any other claims whatsoever for moneys due under this contract must be submitted to the Contracting Officer pursuant to the clause entitled "Disputes" within six (6) months of the redelivery of the vessel. All requests for equitable adjustment that are not submitted within the six (6) month limit shall be deemed to have been waived by the contractor.

H-10 MSC 5252.223-9801 ASBESTOS REMOVAL REQUIREMENTS (DEC 1988)

(a) During the performance of this Contract the contractor and any subcontractors may be required to perform work which involves the removal or disturbance of asbestos or asbestos containing products. This clause applies to each instance of asbestos removal or disturbance.

The contractor shall comply with the precautions required in 29 CFR 1910.1001, 29 CFR 1926.58 and 40 CFR Part 61 and all other applicable Federal, State, and Local restrictions. The contractor shall forward a copy of all required notices, licenses and permits to the Contracting Officer immediately upon issuance or receipt.

(c) The latest change to the Federal, State and Local Regulations in effect at the time of issuance of the contract shall govern. Compliance with these regulations is mandatory and is necessary to protect the employees of the Contractor and Naval personnel from exposure to asbestos fibers in excess of the Occupational Safety and Health Administration (OSHA) Action level airborne concentration (currently 0.1 fibers per cubic centimeter (f/cc) of air).

(d) During removal or disturbance, the contractor shall control airborne asbestos concentrations outside the removal boundary to less than 0.1 f/cc at all times.

(e) After removal or disturbance is complete, the areas within the removal boundary shall not be released for reoccupancy until clearance air sampling demonstrates these spaces have concentrations of asbestos less than 0.1 f/cc.

(f) In all respects, the performance of air sampling and analysis shall be performed in accordance with the OSHA Reference Method (Appendix A of 29 CFR 1910.1001), with the following additional specifications:

(1) Aggressive clearance sampling shall be performed on 25 mm cassettes at 2.0 liters per minute for a minimum of four hours.

(2) In performing the clearance sampling, the pump shall be placed within the compartment where the removal or disturbance occurred. When this operation is conducted in a multilevel space, at least one pump shall be placed on each level.

(3) Air sampling shall be performed by a person competent in sampling procedures and overseen by an industrial hygienist certified for comprehensive practice (CIH) by the American Board of Industrial Hygiene.

(4) Laboratory analysis of samples shall be performed by a participant in the American Industrial Hygiene Association (AIHA) Proficiency in Analytical Testing (PAT) Program rated proficient for asbestos and air.

(g) Personal sampling shall be conducted using breathing zone air samples, which are representative of the 8-hour time-weighted average (TWA) exposure of each individual. Samples shall be collected and analyzed using the OSHA Reference Method contained in either 29 CFR 1910.1001 (as amended) or 29 CFR 1926.58 (as amended).

(h) The contractor agrees to indemnify MSC for any fines assessed by Federal, State or Local Agencies, for the contractor's failure to properly follow applicable Regulations.

(i) The contractor shall insert this clause in all subcontracts entered into under this contract.

H-11 ALLOCATION OF RISK FOR WORK PACKAGE IMPLEMENTATION (JAN 1995 MSC)

The purpose of this clause is to articulate the parties understanding of the allocation of risks established by the terms and conditions of this contract. This clause does not provide the parties any additional rights nor subject them to any additional obligations. Neither does this clause alter or otherwise limit the responsibilities of the parties set forth elsewhere in the contract.

Instead, this clause summarizes certain rights and obligations established elsewhere in the contract.

Under the terms and conditions of this contract, the contractor is responsible from a cost and performance standpoint, for, but not limited to the following:

(a) design and implementation of a fully functional system or installation, even if the contractor design varies from the design conceptually shown on the guidance drawings. The contractor is not limited to the design and details conceptually shown on the guidance drawings. Contractor designs which vary from the design conceptually shown on the guidance drawings are acceptable so long as such design complies with the requirements of the work item and results in a fully functional system or installation,

(b) compliance with all GTRs which may be applicable to the design developed by the contractor,

(c) overcoming interferences not shown on contract guidance drawings to the extent such interferences would be visible upon a reasonable shipcheck, or should be anticipated by a competent shipyard,

(d) overcoming variations between actual ship conditions and those shown on guidance drawings, to the extent such variations would be visible upon a reasonable shipcheck, should be anticipated by a competent shipyard, would amount to a necessary implementing detail customarily performed to facilitate the completion of similar work items,

(e) omissions from guidance drawings or work items of details of work that are necessary to fulfill the intent of the specifications or that are customarily performed by competent shipyards.

For the design approach conceptually presented on the guidance drawings, the Military Sealift Command is responsible for the accuracy of parametric data shown on guidance drawings (e.g. measurements, voltage, amperage, flow rates, pressure rates, etc.). In addition, MSC will equitably adjust the contract for shipyard substitution of equipment or materials specified in the work package which do not satisfy cognizant regulatory body requirements.

Furthermore, to the extent that overcoming; a) interferences not shown on guidance drawings; b) variations between actual ship conditions and those shown on guidance drawings; or c) omissions of details of work from guidance drawings; adversely impact the cost or schedule of performance, and such effort is not otherwise the contractors responsibility to accomplish, perform or overcome, the contractor may be entitled to an equitable adjustment pursuant to the Change Clause.

H-12 NAVSEA 5252.217-9121 INDEMNIFICATION FOR ACCESS TO VESSEL (MAY 1989)

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.

H-13 COSTS OF IN-YARD DISCHARGES

The contractor shall include in the contract price the cost for discharge of Gray Water. MSC ships do not have diverter valves to divert Gray Water from overboard discharges to a system or tank onboard the ship. The offerors are to include all costs to allow the ship's crew to continue to utilize galley, showers, etc., and continue to discharge Gray Water while the ship is in the contractor's facility.

H-14 TRAVEL

The contractor, technical representatives and subcontractors shall be reimbursed for reasonable transportation costs, lodging, meals and incidental expenses required in connection with change orders issued under this contract. Costs shall be considered reasonable, allowable and reimbursable only to the extent that they do not exceed, on a daily basis, the maximum per diem rate in effect at the time of travel as set forth in the Federal Travel Regulations (Joint Travel Regulation and Standardized Regulations) as set forth in FAR 31.205-46.

REIMBURSEMENT OF TRAVEL

a. Contractor Request and Approval of Travel. Any travel under this contract must be specifically requested in writing by the contractor and approved by the Contracting Officer’s Representative (COR), prior to incurring any travel expense. The contractor shall submit the written request to the COR three weeks in advance, when possible.

The travel request shall include as a minimum, the following:

1. Contract number

2. Date, time, and place of proposed travel

3. Purpose of travel and how it relates to the contract

4. Contractor’s estimated cost of travel with a breakdown of the estimated costs of transportation, lodging, meals, and incidentals; and

5. Name(s) of individual(s) traveling.

The COR shall review and approve/disapprove (as appropriate) all travel requests submitted giving written notice of such approval or disapproval to the contractor.

b. Travel Reimbursement. The Contractor shall be reimbursed for the reasonable actual cost of transportation, lodging, meals and incidental expenses. However, actual costs shall be considered reasonable, allowable, and reimbursable only to the extent that they do not exceed on a daily basis the maximum per diem rate in effect at the time of travel as set forth in the DOD Joint Travel Regulations located at https://secureapp2.hqda.pentagon.mil/perdiem/.

Actual cost does not include handling charges, general and administrative cost, overhead, profit or any other indirect cost.

c. The contractor shall use the allowable Government personnel rates for transportation and lodging.

Reimbursement for airfare shall not exceed the lowest customary standard, coach or equivalent airfare offered during normal business hours. The Contractor will not be reimbursed for travel expenses unless audited records for transportation contain evidence, such as original receipts, substantiating actual expenses incurred for travel. In no event will reimbursement exceed the published rates of common carriers.

d. Each task order that requires travel will include a not-to-exceed funding limitation for travel costs. When the Contractor expects total funding expended for reimbursable travel to reach 85 percent of the total funds available on each travel CLIN, the Contractor shall notify the Contracting Officer and the COR and any other Government official identified by the Contracting Officer. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the task order. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on the task order with a reimbursable travel CLIN.

e. The Government is not obligated to reimburse the Contractor for otherwise reimbursable travel in excess of the funded amount stated in the task order with the reimbursable travel CLIN.

f. The Contractor is not obligated to continue performance of any reimbursable work under this Contract or otherwise incur costs for reimbursable travel in excess of the funded amount stated in the task order with the reimbursable travel CLIN unless the Contracting Officer notifies the Contractor in writing that the funded amount stated in the task order under the applicable reimbursable travel CLIN has been increased. In the event notification is made orally, such notification shall be followed up in writing within two working days.

g. No notice, communication, or representation from any person other than the Contracting Officer shall affect the Government’s obligation to reimburse the Contractor.

h. Change orders shall not be considered an authorization to exceed the funded amount stated in the task order under the reimbursable travel CLIN unless they contain a statement expressly increasing the funded amount of that reimbursable CLIN by a sufficient amount to cover the change order.

H-15 DOCUMENTATION REQUIREMENTS FOR RFPs

1. This provision, in part, sets forth requirements contained in DFARS 252.217-7004 entitled “Job Orders and Compensation”.

2. When the contractor submits a price proposal in response to a Request for Proposal (RFP) issued under the contract that results from this solicitation, the following requirements shall apply:

(a) Any additional material/rental equipment/subcontractor/technical representative cost proposed that exceeds $2,500.00 shall be supported by a written quote from the supplier/subcontractor/technical representative or by a copy of the actual purchase order issued to the supplier/subcontractor/technical representative;

(b) The Administrative Contracting Officer (ACO) may require the same documentation for prices below the $2,500.00 level based on his/her professional judgment;

(c) In the event that time constraints prohibit the contractor from obtaining the required documentation prior to price negotiations on a RFP, the ACO may agree to a price conditioned on the subsequent submittal of the documentation. If the documentation subsequently submitted reflects a price that is lower than the price conditionally agreed to, the ACO will make a determination as to whether to adjust the settlement amount accordingly; and

(d) When services or supplies can be competitively procured, the ACO may direct the contractor to obtain competition. In these instances, the contractor shall provide the ACO with supporting documentation that clearly indicates offers were solicited from more than one source.

3. If the contractor fails to comply with the documentation requirements set forth in this provision, the ACO may elect to unilaterally determine a fair and reasonable price for the RFP (change). When the proper documentation is provided to the ACO, the parties will then negotiate a bilateral settlement for the RFP (change).

H-16 THIRD PARTY ACCESS TO SHIPYARD FACILITY

Any costs associated with third party access to the contractor’s facility, including costs for badges and/or parking, shall be included in the price proposal under the Shipboard Access and Security item. Offerors should assume that 20% of the badges issued to government and third party personnel will be lost/misplaced and should factor any resulting costs into the price proposed for the Shipboard Access and Security Item. When a technical representative and/or other subcontractor will be furnished by the government, the applicable specification work item will so indicate. The government will require the presence of other contractor personnel that are not clearly set forth in the statement of work. These individuals must comply with all shipyard safety policies, and may engage in hot work and fire watches. For estimating purposes, the government will require access, including parking at the shipyard facility, for thirty individuals for the entire duration of the performance period. The technical representatives/subcontractors provided under individual work items are NOT included in this total.

H-17 SUBCONTRACTOR SELECTION AND SUBSTITUTION

The COR should be made aware of any Post-award substitution of any major subcontractor. The post-award substitution OR insertion of a second-tier subcontractor will be treated in the same manner as the substitution of a major subcontractor.

H-18 SUBMITTAL OF PURCHASE ORDERS

The Contractor is required to provide copies of all purchase orders for all contractor-furnished materials and equipment that are provided under this contract. This data is not required for repairs to the hull (doors, bulkheads, tanks, etc.) or for new installations of piping, wiring or systems covered under the original contract. Copies of purchase orders are required for contractor-furnished materials and equipment provided for all change orders issued where the cost of the materials/equipment exceeds $2,500.00 (including repairs to the hull (doors, bulkheads, tanks, etc.) or for installations of piping and wiring. In accordance with Section H-17, the Administrative Contracting Officer (ACO) may require the same documentation for prices below the $2,500.00 level based on his/her professional judgment. The submittal of these purchase orders shall be made to the Contracting Officer on a weekly basis, and shall be hard copy. This requirement does not replace the purchase order submittal requirements set forth in Section C and the Integrated Logistics Support item. Rather, it is intended to further reinforce and clarify the submittal requirement. The purchase orders will contain the following information:

Material

- Original Manufacturer’s part number

- Identification of manufacturer

- Order quantity

- Unit price

- Total price

Equipment

- Original Manufacturer’s part number

- Identification of manufacturer

- Equipment Nameplate

- Equipment Characteristics

- Equipment Serial Number

- Order quantity

- Unit price

- Total price

The purchase orders are a designated contract deliverable.