8010RFP_Released.doc

Section SF 1449 - CONTINUATION SHEET

MINIMUM AND MAXIMUM QUANTITIES

As referred to in paragraph (b) of the “Indefinite Quantity” clause of this contract, the contract minimum and maximum quantities are as follows:

(a) MINIMUM: The contract minimum amount is $200,000.00.

(b) MAXIMUM: The Government may place task or delivery orders for any of the supplies or services specified in the contract, provided these task or delivery orders do not exceed the maximum amount plus ten percent (10%) of the contract value (inclusive of all options). This maximum amount is not to be exceeded without prior written approval of the Contracting Officer. Reimbursable amounts shall not count against the maximum.

(c) If the maximum quantity is not reached in a single Period of Performance, the remaining quantity will be carried over into the following Period of Performance.

The minimum and maximum quantities are established for the whole potential five-year life of the contract and not on a base or option level.

Base Period

FFP

FOB: Destination

NET AMT

Option Period One

NET AMT

Option Period Two

NET AMT

Option Period Three

NET AMT

Option Period Four

NET AMT

LISTING OF ATTACHMENTS/EXHIBIT

Attachment (A):

MSC Paint Approval Procedures and Approved Products (EPI N712-9630-001)

Attachment (B):

RESERVED

Attachment (C):

MSC Vessel Coating Chart

Attachment (D):

Worldwide Support Requirement

Attachment (E):

Training Outline

Attachment (F):

Rate Table

Attachment (G):

Request for Estimate

Attachment (H):

RESERVED

Attachment (I):

MSC/EPIC Force Protection Crewlist Submission Template

Exhibit (1): Data Items List

ADDENDUM TO BLOCK 20

PERIOD OF PERFORMANCE

STATEMENT OF WORK

FLEET PAINT AND RELATED SUPPLIES/SERVICES

INDEX

1.0

General

1.1

Glossary of Terms Used in the Statement of Work

1.2

Standards Used in the Statement of Work 2.0

Coatings and Solvents

2.1

MSC Coating Systems Approved Product List

2.2

Shelf Life

2.3

Unit of Measure

2.4 Coating Compatibility

2.5 Number and DFT of Coats

2.6 QPL Requirements

2.7 Surface Preparation Standards

2.8 Colors

2.9 Product Prohibitions

2.10 Cold Weather Coating System

2.11 Antifouling and Underwater Hull

2.12 Compromised Surfaces

2.13 Decks-Exterior

2.14 Exterior Freeboard and Topside

2.15 Interior

2.16 Miscellaneous

2.17 Tanks

2.18 Colors

2.19 Solvents

3.0

Additional Products

3.1

Rust Penetrating Sealer

3.2

Surface Preparation Solution/Cleaner

4.0

Personnel

4.1

Key Personnel

4.2

Other Personnel

4.3 Substitution of Personnel 5.0

Program Management

5.1

Program Management Staff

5.2

Working Hours/Business Day

5.3

Training and Technical Reference Documentation

5.4

Quarterly Business Meeting

5.5

Program Office 5.6

Order Confirmation 5.7

Weekly Outstanding TDL Report and Meeting

5.8

Distance Support

5.9

Requests for Estimates

6.0

Other Engineering Services

6.1

Phase-In/Phase-Out Services

6.2

Service Calls

6.3

Field Service Technical Representation For Availabilities

6.4

Instruments and Equipment for Field Service Technical Representatives

7.0

Management, Handling, Transportation, and Removal of Manufacturer’s Product

7.1

Return of Factory Sealed Products

7.2 Handling of Products Found Leaking, Broken, and/or At Less Than 50% Shelf Life At Time of Delivery

8.0

Packaging and Marking

8.1

Package Size for Paints/Coatings and Solvents

9.0

Product Substitutions/Technology Improvements

9.1

Product Substitutions

9.2

Substitutions of Products with Multiple Product Names

9.3

Approval for Substitution of Products

9.4

Limits for Substitution of Products

9.5

Technology Improvements

10.0

Delivery of Goods or Services

10.1

Delivery Verification

10.2

Required Time and Place of Delivery/Performance

10.3

Delivery Surcharges

10.4

Missed Delivery of Ship Stock Order

11.0

Contract Administration Data

11.1

Contracting Officer’s Representative (COR) – Functions and Limitations

11.2

Ordering Officer(s) 11.3

Wide Area Workflow (WAWF)

12.0

Special Contract Requirements

12.1

Delivery Order (DO) and Technical Direction Letter (TDL) Procedures

12.2

Orders for Shipyards / Industrial Activities

12.3

Other Direct Costs (ODC) Provisions

12.4

License, Permits, and Precautions

12.5

Contractor Personnel

12.6

Quality Control Standards

12.7

Economic Price Adjustment

1.0 GENERAL

The Military Sealift Command (MSC) requires paint, coatings, solvents, preservation products, and engineering/technical services for the MSC Fleet Paint Program. The Government is contracting not only for specific products and services, but also for the availability and delivery of these products and services on a worldwide basis within specific time constraints defined for each main port or geographic zone. An integral part of supplying products and services under this contract is the engineering support the Contractor provides to ensure all ships and equipment are preserved and maintained properly. The Contractor shall provide products and services, on a worldwide basis, for MSC ships and any other Government owned or Government chartered ships designated by MSC.

The Contractor shall provide products worldwide that comply with U.S. federal, state, and local volatile organic compound (VOC) limits and all other U.S. laws and regulations. Additionally, the Contractor shall ensure that all products comply with the federal, state, and local laws and regulations applicable to the port of delivery.

Supplies shall be specialized for marine applications and shall be in Attachment (A): MSC Paint Approval Procedures and Approved Products, unless otherwise permitted by the Contract. The Government will use “Table 2 to Subpart II of Part 63 – Volatile Organic HAP (VOHAP) Limits for Marine Coatings from 40 CFR Part 63- National Emission Standards for Hazardous Air Pollutants for Shipbuilding and Ship Repair (Surface Coating) Operations” for evaluating approval requests to add products to Attachment (A).

Services under the scope of this contract include engineering support services (e.g., field service technical representative, training, service calls) and technical evaluation and troubleshooting services.

1.1 Glossary of Terms Used in the Statement of Work:

The following definitions apply to the terms used in this statement of work:

ABS: American Bureau of Shipping

ACQPA: Association for Certification and Qualification for Anticorrosive Paintwork

AVAILABILITY: Time when ship is available for industrial assistance such as shipyard periods

CLIN: Contract Line Item Number

CONUS: Within the Continental United States

DFT: Dry Film Thickness

DI: Data Item DO: Delivery Order

FROSIO: Compliance Council for Teaching and Certifying Inspectors for Surface Treatment (In Europe)

GFM: Government Furnished Material

MSDS: Material Safety Data Sheets

NCS: Natural Color System

NESHAP: National Emissions Standards on Hazardous Air Pollutants

OCONUS: Outside the Continental United States

ODC: Other Direct Costs PRIMARY: First in importance

QPL: Qualified Products Lists - Lists of products qualified in accordance with U.S. Government specifications (e.g., QPL 23236 is a list of products qualified under Military Specification MIL-PRF-23236.)

RFE: Request for Estimate

SOLAS: Safety of Life at Sea

SOW: Statement of Work

SRI: Summary Receipt Information

TDL: Technical Direction Letter

TPD: Technical Product Description

UHP: Ultra High Pressure

USCG: United States Coast Guard

VOC: Volatile Organic Compounds

WFT: Wet Film Thickness

1.2 Standards Used in the Statement of Work:

The following standards apply to this Statement of Work:

ASTM: American Society of Testing and Materials - Where referenced, ASTM standards are to be used for inspection and testing of materials during application and/or failure analysis.

EPA: Environmental Protection Agency

ISO: International Standards Organization - ISO 9000 standards can be used for quality assurance for (a) product manufacturing; (b) product delivery; and (c) laboratory testing.

Federal Standard (Fed-Std) 595C: Standard used for colors in Government procurement

ANSI: American National Standards Institute - ANSI is one of the technical standards groups that form the ISO, which sets quality assurance standards and manufacturing standards worldwide.

NSF: National Sanitation Foundation - The NSF sets standards for coatings used in potable water tanks.

NACE: National Association of Corrosion Engineers - NACE sets standards for coatings and coating operations (e.g.: surface preparation standards), and certifies coating inspectors nationally and internationally.

NSTM: Naval Ship’s Technical Manual

SPC: Society for Protective Coatings - The SPC sets standards for surface preparation and coating operations JTR: Joint Travel Regulations – The JTR contains Department of Defense (DoD) regulations to define the allowable per diem rates and rules regarding various travel expenses.

2.0 COATINGS AND SOLVENTS

2.1 MSC Coating Systems Approved Product List

The Contractor shall provide MSC approved products for Paragraphs 2.11.1, 2.11.2, 2.11.4, 2.12 – 2.13.3, 2.14.1, 2.14.2, 2.16.2, and 2.17, exclusive of tiecoats and cold weather coatings unless a substitute approval standard is specifically addressed in the SOW. MSC Paint Approval Procedures and Approved Products are specified in Attachment (A).

The Government will use “Table 2 to Subpart II of Part 63—Volatile Organic HAP (VOHAP) Limits for Marine Coatings from 40 CFR Part 63 - National Emission Standards for Hazardous Air Pollutants for Shipbuilding and Ship Repair (Surface Coating) Operations” for evaluating approval requests to add products to Attachment (A).

2.1.1 Contractor shall provide Batch VOC certificates with all paint deliveries, in countries where required, for all products being delivered.

2.2 Shelf Life

All products delivered to the Government shall have, at a minimum, 50% of its shelf life at the time of delivery. The Government may consider a shorter shelf life if the product will be consumed immediately as when supplying paint for a shipyard availability. In such instance, a waiver is required (See Paragraph 5.6.). The shelf life of all products shall be provided.

2.2.1 All paint containers shall be marked clearly in English with a manufacturing date, or the Contractor shall provide MSC with a key code that can be used to interpret the date of manufacture.

2.3 Unit of Measure

All orders will be in liters regardless of the actual unit of issue. This will make all orders and invoices consistently metric and in whole numbers. When the Contractor delivers the products in English unit cans, the following conversions will be used:

5 gallon can = 19 liters

1 gallon can = 4 liters

1 quart can = 1 liter

2.4 Coating Compatibility

All coatings must be compatible and have the ability to be applied over any coating on like surfaces listed in Attachment (C). Tiecoats and surface preparation shall be kept to a minimum.

2.5 Number and DFT of Coats

Requirements for the number of coats and the DFT of coats are set forth in Attachment (A) and/or Attachment (F).

2.6 QPL Requirements

For products that are required to be on a United States (U.S.) Government QPL in accordance with a U.S. Government specification, the Contractor shall ensure that their product is on the latest version of the QPL. Also, the Contractor shall notify MSC if the product is removed from the QPL within five (5) working days of its removal (Attachment (H), DI-001).

2.7 Surface Preparation Standards

For any product offered, references to acceptable surface conditions, e.g. “light flash rust” on a water-jetted surface, shall reference industry standards such as SSPC-VIS 4/NACE-VIS 7. References to in-house publications/standards will not be acceptable unless no industry standard is available.

2.8 Colors

Unless otherwise stated, color requirements for all coatings are consolidated in Paragraph 2.18.

2.9 Product Prohibitions

The Contractor shall not provide any of the following products:

1) Any product with more than 0.06% lead in the dry film

2) Any product containing zinc chromate

3) Any coal tar epoxy or paint containing coal-tar derivatives

4) Any antifouling paint containing tributyltin.

2.10 Cold Weather Coating System

Shipyard overhauls may occur in certain seasons and at locations where ambient weather conditions for exposed painting (underwater hull and/or topsides) and tank work can be expected to fall below allowable temperature limits for normal anticorrosive coatings (4.5 degrees C). The Contractor shall provide products or product additives that allow application and curing of the applicable coating systems in ambient temperatures at or above 0 degrees C.

2.11 Antifouling and Underwater Hull

2.11.1 High Turbulence Areas:

The Contractor shall provide an underwater hull coating for high turbulence areas. High turbulence areas include the following: seachests, rudders, kort nozzles, etc.

2.11.2 Ablative Antifouling Coating Systems:

The Contractor shall provide the following:

2.11.2.1 A three (3) year ablative antifouling, underwater hull and boottop coating system consisting of epoxy anticorrosive and ablative antifouling.

2.11.2.2 A five (5) year ablative antifouling paint that complies with MIL-PRF-24647. If a Contractor does not have an antifouling paint that complies with MIL-PRF-24647, the Government may approve use of an equivalent EPA approved VOC compliant antifouling paint based on either a report from an independent laboratory that shows equivalent performance to MIL-PRF-24647 for the antifouling paint or letters from five different marine shipping companies testifying to their satisfactory experience with the antifouling paint. The letters shall include that the marine shipping companies got at least five (5) years of satisfactory performance from the antifouling paint system.

2.11.2.3 Tiecoats to the above area systems, if necessary, to ensure compatibility with overcoating the system currently in place.

2.11.2.4 A cold weather coating system for underwater hull anticorrosive and marking paint.

2.11.3 Underwater Hull and Marking Paint:

The Contractor shall provide coatings that are suitable for use as hull and boottop marking on the ablative antifoulant paint. The color shall be white.

2.11.3.1 The Contractor shall provide a cold weather coating system for the underwater hull marking paint.

2.11.4 Foul Release Coating System:

The Contractor shall provide a foul release paint system that inhibits adhesion of biofouling and has no toxic agents in the coating.

2.12 Compromised Surfaces

The Contractor shall provide a surface tolerant epoxy system for cofferdams, voids, and other areas where surface preparation is difficult.

2.13 Decks-Exterior

2.13.1 Pedestrian Nonskid System:

The Contractor shall provide a pedestrian nonskid system. In addition to the pedestrian nonskid system, the Contractor shall provide two different nonskid aggregates. One nonskid aggregate shall fall in the range of 16 to 30 wires per inch and the other in the range of 35 to 100 wires per inch. The aggregate type can be any commercially accepted type.

2.13.2 Helicopter (Helo) Deck Nonskid System:

The Contractor shall provide a nonskid system approved per QPL-24667 (Type I, COMP G) that includes primer, nonskid, and color topping. The nonskid system will be used for NAVAIR-certified helo decks and may be used for other decks in severe service.

2.13.3 Decks Not Requiring a Nonskid System:

The Contractor shall provide a coating system for exterior decks in areas where neither helo deck nonskid system nor pedestrian nonskid system is required.

2.13.3.1 The Contractor shall provide a cold weather coating system for exterior decks not requiring a nonskid painting system.

2.13.4 Membrane System:

The Contractor shall provide a membrane system including primer, membrane, and nonskid in accordance with MIL-PRF-24667 (Type III, COMP G), or a commercial primer, membrane, and nonskid system suitable for exterior work decks that see heavy use (e.g. large, heavy duty, loaded forklift traffic).

2.13.5 Cold Weather Coating System: The Contractor shall provide a cold weather coating system for exterior decks not requiring a non-skid painting system.

2.14 Exterior Freeboard and Topside

2.14.1 Polyurethane Freeboard and Topside System:

The Contractor shall provide a freeboard and topside system comprised of an inorganic zinc primer, an epoxy midcoat, and a polyurethane topcoat.

2.14.1.1 The Contractor shall supply tiecoats to the above area system, if necessary, to ensure compatibility with overcoating the system currently in place.

2.14.2 Silicone Alkyd System.

The Contractor shall provide a freeboard and topside system comprised of an inorganic zinc primer, an epoxy midcoat, and silicone alkyd topcoat that is approved per QPL 24635.

2.14.3 Zinc Rich Epoxy Primer:

The Contractor shall supply a zinc rich epoxy primer that is suitable for application over substrates prepared by UHP waterjetting to SSPC-SP WJ-2/NACE WJ-2 L. As there are no MSC approved products of this type of paint, the Contractor shall submit a commercially accepted product.

2.14.4 Polysiloxane Freeboard and Topside System:

The Contractor shall provide a freeboard and topside system comprised of an inorganic zinc primer, an epoxy midcoat, and a polysiloxane topcoat.

2.14.4.1 The Contractor shall supply tiecoats to the above area system, if necessary, to ensure compatibility with overcoating the system currently in place.

2.14.5 Marking Paints (Exterior):

The Contractor shall provide paints suitable for application over each topcoat system.

2.14.5.1 The Contractor shall supply tiecoats to the above area system, if necessary, to ensure compatibility with overcoating the system currently in place.

2.14.6 Cold Weather Coating System:

The Contractor shall provide a cold weather coating system for topside and exterior freeboard painting.

2.15 Interior

2.15.1 The Contractor shall provide a 3 mils DFT primer for use in interior spaces, which must be compatible with fire retardant topcoatings.

2.15.2 Fire Retardant (Non-Water Based):

The Contractor shall provide a 3 mils DFT non-water based SOLAS Approved interior system.

2.15.3 Fire Retardant (Water Based):

The Contractor shall provide a 3 mils DFT water based MIL-PRF-24596B Flame Retardant paint.

2.15.4 General Purpose Interior and Marking Paints:

The Contractor shall provide a 3 mils DFT semi-gloss or gloss alkyd paint for markings, signs, symbols, pipe coding, and general purpose interior.

2.16 Miscellaneous

2.16.1 Acid Resisting:

The Contractor shall provide a system for surfaces prone to come in contact with acids. It shall be able to withstand products such as battery acid and sulfamic acid. The system shall consist of two (2) coats of acid resisting coating at 5 mils DFT per coat. As there are no MSC approved products of this type of paint, the Contractor shall submit a commercially accepted product.

2.16.2 Heat Resisting:

The Contractor shall provide a heat resistant coating for surfaces up to 537 degrees C. It shall consist of 2 mils DFT of heat resistant coating.

2.17 Tanks

2.17.1 Ballast:

The Contractor shall provide a ballast tank coating system. The coating systems shall have a type approval certificate in accordance with International Maritime Organization (IMO) Performance Standard for Protective Coatings.

2.17.2 Sanitary:

The Contractor shall provide a sanitary tank coating system.

2.17.3 Cargo Petroleum:

The Contractor shall provide a cargo petroleum tank coating system.

2.17.4 Feedwater/Freshwater Ballast:

The Contractor shall provide a feedwater/freshwater ballast tank coating system.

2.17.5 Potable Water/Cargo Water:

The Contractor shall provide a coating system that has NSF/ANSI approval for potable water/cargo water tanks equal to or less than 1000 gallons per NSF/ANSI Standard 61 Water Contact Size restriction. In NSF/ANSI Standard 61 the nomenclature for this requirement is written “>= 1000 gal.”

2.17.6 Cold Weather Coating – Tanks: The Contractor shall provide a cold weather coating system for tank painting.

2.18 Colors

2.18.1 Exterior Topcoats:

Those products used as topcoats (final coats) shall be available in the following Federal Standard (Fed-Std 595C) colors or NCS number. Semi-gloss or higher finishes are accepted for all exterior topcoats. Deck finishes shall be semigloss or lower:

Color

Fed-Std 595C Color Number

Exterior Decks

Dark Gray

26081

Freeboard, House and Deck Structures

White

27925

Haze Gray

26270

Black

17038

NCS Number

Cream

0927-Y21R

2.18.2 Exterior Topcoat Markings:

The products offered for exterior topcoat use shall be available in the following Fed-Std 595C colors for marking purposes. Semi-gloss or higher finishes are accepted for all exterior topcoats:

Red

11105

Red Oxide

20109

International Orange

12197

Yellow (stack)

13538

Safety Yellow

OSHA

Green

14062

Blue (stack)

15123

Dark Blue

15044

Purple

17142

Brown

10080

Light Gray (for hull numbers)

26373

Ocean Gray (hull number shadowing) 26173

16081

Black (stack)

27038

2.18.3 Interior Fire Retardant Coatings:

Paints used in interior spaces shall be furnished in at least the following Fed-Std 595C colors:

Beach-sand

22563

Soft White

27880

Pastel Green

24585

Bulkhead Gray

26307

Pearl Gray

26493

2.18.4 General Purpose Interior and Marking Paints:

Paints used for general purpose interior and marking paints shall be furnished in the following Fed-Std 595C colors or NCS number:

Red

11105

Red Oxide

20109

International Orange

12197

Yellow

13538

Safety Yellow

OSHA

Light Green

14449

Green

14062

Dark Blue

15044

Purple

17142

Dark Purple

17100

Tan

10324

Buff

10371

Brown

10080

Light Gray

16376

Gray

16187

16081

Black

17038

NCS Number

Cream

0815-Y19R

2.18.5 Primers and Intermediate Coats:

For all paints to be used as primers and intermediate coats (except inorganic zincs), the Contractor shall provide at least two (2) contrasting light colors, in addition to Red Oxide, Black, and Dark Gray. The contrasting light colors shall be specified in Attachment (F).

2.18.6 Tank Linings:

Paints used in tank linings (except inorganic zincs) shall be provided in three (3) light contrasting colors. The colors shall be specified in Attachment (F).

2.19 Solvents

2.19.1 Solvents:

The Contractor shall provide solvents for all of the products offered.

2.19.2 Solvents for Low and High Ambient Temperatures:

The Contractor shall provide solvents for making adjustments to coatings applied in low and high temperature ambient conditions ranging from 2 degrees C to 43 degrees C, where possible.

3.0 ADDITIONAL PRODUCTS

3.1 Rust Penetrating Sealer

The Contractor shall provide a product to penetrate and seal rusted surfaces. The product shall have greater wetting qualities than primers for prepared steel so that the product wets, strengthens, and seals porous rust and old coatings. The product must improve the adhesion of subsequent primer coatings. Rust converters (e.g. phosphoric acid) that turn natural red rust to a benign black rust are unacceptable.

3.2 Surface Preparation Solution/Cleaner

The Contractor shall provide a product that promotes adhesion of one (1) coat to another and that thoroughly cleans surfaces of contaminants.

4.0 PERSONNEL

4.1 Key Personnel

The following positions are considered as key personnel:

Program Manager

Technical Manager

Field Service Technical Representatives

4.1.1 Key Personnel Minimum Qualifications (Attachment (H), DI-002):

The Contractor shall provide a Program Manager, Technical Manager, and Field Service Technical Representatives. Resumes for personnel in these positions shall be delivered in accordance with Attachment (H), DI-002.

4.1.1.1 Program Manager:

The Program Manager shall have a minimum of either a or b listed below:

a) Bachelor’s of Science degree in Marine, Mechanical, Chemical, Corrosion, or Electrical Engineering, and a minimum of ten (10) years experience in the Marine Paint Field, OR

b) Bachelor’s Degree and twenty (20) or more years of relevant technical and senior management experience in the Marine Paint Field.

4.1.1.2 Technical Manager:

The Technical Manager shall have a minimum of either a), b), or c) listed below:

a) Bachelor’s of Science degree in Marine, Mechanical, Chemical, Corrosion, or Electrical Engineering with an additional five (5) years experience in the Marine Paint Field

OR

b) Ten (10) years of experience as either a paint field service engineer or for a painting Contractor/shipyard in the Marine Paint Field, OR

c) Four (4) years shipboard experience sailing on either commercial vessels or US Naval Ships with an additional six (6) years experience in the Marine Paint Field.

4.1.1.3 Field Service Technical Representative:

The Field Service Technical Representative shall be capable of providing the services specified in Paragraph 6.3. The Contractor shall provide a minimum of eight (8) Field Service Technical Representatives, each of whom shall have a minimum of four (4) years prior experience in the marine coatings applications field, either:

a) In a shipyard paint shop, OR

b) In a marine paint application company normally contracted for ship coating work, OR

c) As a technical representative for a marine paint manufacturer.

A minimum of one-half of the total number of Field Service Technical Representatives shall be NACE Level III (Peer Review) Certificated Coating Inspectors in accordance with NACE International Coating Inspector Training and Certification Program or shall be certificated as an ACQPA/FROSIO Inspector (Red Card). The remaining Field Service Technical Representatives shall be NACE Level I or certificated as an ACQPA/FROSIO Inspector (Blue Card).

4.2 Other Personnel

4.2.1 Other Personnel Minimum Qualifications (Attachment (H), DI-002):

The Contractor shall provide Laboratory Scientists and a Customer Service Representative. Resumes for personnel in these positions shall be delivered in accordance with Attachment (H), DI-002.

4.2.1.1 Laboratory Scientists:

The Laboratory Scientists shall be capable to provide the services specified in Paragraph 6.2.6. The Contractor shall provide a minimum of two (2) lab scientists with a Ph.D. degree in Chemistry, Biology, Chemical Engineering, Corrosion Engineering, Marine Engineering, or an equivalent field acceptable to the Government. Alternatively, one of these scientists can meet these requirements with a Masters degree in one of the above fields and a minimum of five (5) years prior experience in laboratory testing and analysis involving marine coatings.

4.2.1.2 Customer Service Representative:

The Customer Service Representative shall have a minimum of five (5) years experience in the Marine Paint Field involving management of customer service functions.

4.3 Substitution of Personnel

4.3.1 General Provision:

The Contractor agrees to assign to this contract those persons identified as key personnel whose resumes were submitted with their proposal and who are necessary to fulfill the requirements of this contract. No substitutions of key personnel shall be made except in accordance with this section.

4.3.2 Guidance on Substitutions:

During the first ninety (90) days of the contract performance period no personnel substitutions by the Contractor will be made unless substitutions are necessitated by an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required by Paragraph 4.3.3 below. After the initial ninety (90) day period, all proposed substitutions must be submitted, in writing, at least ten (10) days in advance of the proposed substitutions to the Contracting Officer and provide information required by Paragraph 4.3.3 below.

4.3.3 Request for Substitution:

All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information-requested by the Contracting Officer. All proposed substitutes must have qualifications equal to or higher than the qualifications of the person to be replaced. The Contracting Officer or his/her authorized representative will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof.

4.3.4 Key Personnel Substitution:

Key personnel may not be substituted without express approval of the Contracting Officer, in accordance with Paragraph 4.3.4.3 below. Resumes shall be provided when a substitution of personnel is required.

4.3.4.1 General Provision:

The Contractor agrees to assign to this contract those persons identified as key personnel whose resumes were submitted with his proposal and who are necessary to fulfill the requirements of this contract. No substitutions of key personnel shall be made except in accordance with this clause.

4.3.4.2 Guidance on Substitutions:

During the first ninety (90) days of the contract performance period no personnel substitutions by the Contractor will be made unless substitutions are necessitated by an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required by Paragraph 4.3.4.3 below. After the initial ninety (90) day period, all proposed substitutions must be submitted, in writing, at least 10 days in advance of the proposed substitutions to the Contracting Officer and provide information required by Paragraph 4.3.4.3 below.

4.3.4.3 Request for Substitution:

All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information-requested by the Contracting officer. All proposed substitutes must have qualifications equal to or higher than the qualifications of the person to be replaced. The Contracting Officer or his/her authorized representative will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof.

4.3.4.4 Key Personnel Definition:

The following positions are considered as key personnel:

Program Manager: NAME TO BE FILLED IN UPON AWARD

Technical Manager: NAME TO BE FILLED IN UPON AWARD

Field Service Technical Representative: NAME(S) TO BE FILLED IN UPON AWARD

4.3.5 Other Personnel Substitution:

Other personnel fulfilling major technical roles substituted by the Contractor shall meet the minimum personnel requirements as described in Paragraphs 4.2.1.

5.0 PROGRAM MANAGEMENT

The Contractor shall provide engineering support and quality assurance to ensure all ships and their equipment are preserved and maintained properly. The Contractor shall provide engineering personnel support, program management, technical field training, classroom training, laboratory support, logistics support, and field service technical representatives in accordance with the requirements below.

All items in Paragraph 5.1 are not separately priced. They shall be included in the cost of the other products and services of this contract.

5.1 Program Management Staff

The Contractor shall provide a Program Manager and a Technical Manager, each of whom shall be dedicated to overseeing the contract. Both shall be designated as such and their primary duties shall be the management of MSC’s Fleet Paint Program.

5.1.1 Program Manager:

The Program Manager is responsible for the overall management of the contract. The Program Manager shall be the single point of contact for all matters pertaining to the performance of the contract. The Program Manager is expected to be available during working hours. The Program Manager shall keep MSC informed of all changes to any foreign or domestic environmental requirements that affect the supplies and services provided under this contract. All recommendations for substitution of personnel as defined by the contract shall originate from the Program Manager. The Program Manager shall have the authority to direct all foreign field offices to fulfill contract requirements.

5.1.2 Technical Manager:

The Technical Manager is responsible for all matters pertaining to the paint issues and technical training provided under this contract. The Technical Manager shall have a cell phone and shall be available twenty-four (24) hours a day / seven (7) days a week. The Technical Manager is responsible for reviewing the technical reports and providing guidance and comments to correct noted deficiencies to the COR. MSC expects that this contract will be the Technical Manager’s primary, but not necessarily sole, duty.

5.1.3 Customer Service Representative(s):

The Customer Service Representative(s) are the point of contact to process and provide status on all orders. The Customer Service Representative(s) will maintain a twenty-four (24) hours a day / seven (7) days a week tracking system on delivery requirement status. The Customer Service Representative(s) shall be able to provide the status of all requirements placed against the contract. Also, the Customer Service Representative(s) shall be available for emergency supply as needed during non-working day hours. The Customer Service Representative(s) functions include, at a minimum, the process of receiving, processing, and tracking the status of orders placed and scheduling worldwide deliveries.

5.2 Working Hours/Business Day

Working hours and business day where referred to in this contract, unless specifically defined otherwise, are defined as 0900-1700 on weekdays in the location serviced any day the U.S. Federal Government is open for business.

5.3 Training and Technical Reference Documentation

5.3.1 General:

The Contractor shall update and revise all training materials, manuals, and handbooks developed during the Phase-In Services as defined in Paragraph 6.1 and when the contract is modified.

5.3.2 Training Materials:

The Contractor shall develop a training syllabus and training manual as handouts for those attending the classes.

5.3.2.1 Syllabus for Training (Attachment (H), DI-003):

The Contractor shall prepare a syllabus to accommodate both shipboard and shoreside training. The training syllabus shall address all topics identified in Attachment (E).

5.3.2.2 Training Manuals (Attachment (H), DI-004):

The training manuals shall follow the Contractor’s syllabus in format and provide additional background information for the material presented. The training manual will provide the Color Card, Poster, Paint Coating Systems Spreadsheet, Cross Reference Guide, Comparative Data for Epoxies, and the Piping Color Code Table. The manuals will also provide a section for notes and include worksheets for any activities conducted during the training.

5.3.3 Additional Materials:

5.3.3.1 Handbooks (Attachment (H), DI-005): The Contractor shall develop hard copy handbooks and CDs for distribution to all of the ships and selected shoreside staff, and the handbooks shall include the following:

(1) Overview of the products and services available under the contract

(2) A Marine Paint Guide

(3) The Paint Coating Systems Spreadsheet

(4) The Cross Reference Guide

(5) MSDS (Only on CD)

(6) Comparative Data for Epoxies

(7) A Piping Color Code Table

(8) Key Code Guide for date of manufacture or expiration of shelf life

The handbook shall also include a contract specific color card, product data sheets, poster, application instructions, for all products supplied under this contract. The handbook shall describe proper surface preparation and application procedures as it relates to the Contractor’s products and services. A copy of the parts of the contract germane to shipboard staff and the MSC Representative shall be included as an attachment to the handbook. The CD associated with the handbook shall contain, at a minimum, an electronic version of all items in the handbook and MSDS for all products.

5.3.3.2 Color Card (Attachment (H), DI-017):

The Contractor shall provide a contract specific color card showing all colors provided under this contract and broken down by generic area, i.e.: topsides, decks, interior colors, marking colors, primers, and tank linings.

5.3.3.3 Posters (Attachment (H), DI-018):

The Contractor shall develop a poster for the MSC fleet that shows the paints available from the contract and specific locations applied (e.g. hull, tank, pedestrian, voids). The poster shall include DFTs.

5.3.3.4 Paint Coating Systems Spreadsheet:

The Contractor shall develop a spreadsheet that provides the following information: coating type (e.g. hull, tank, pedestrian, voids), product, color, solvent, DFT, percent solids, coverage rate (sq ft/gal). Coverage rates for the coatings materials should be calculated using the lower end of the DFT range for the particular application and contain a 40% factor of application losses.

5.3.3.5 Cross Reference Guide:

The Contractor shall develop a cross reference guide which provides the coating types (hull, tank, pedestrian, and voids) for products under the prior contract and for products under this contract.

5.3.3.6 Comparative Data for Epoxies:

The Contractor shall develop a chart providing the following information for epoxies supplied under this contract:

1. Product

2. Overcoat and through cure (normal temperatures, 25 degrees C)

3. Overcoat and through cure (low temperatures, 10 degrees C)

4. Maximum overcoat window (in days)

5.3.3.7 Piping Color Code Table:

The Contractor shall develop a table of piping colors that includes the following information:

1. Fluid within the system

2. Valve hand wheel and operating lever

3. Fed-Std 595 color number

4. Interior piping

5.3.4 Shipboard Training:

The Contractor shall provide shipboard training for personnel regarding the proper use of paint used onboard the ship. At a minimum, the training shall address the topics outlined in Paragraph 5.3.2.1. Training shall be conducted as per the approved syllabus and tailored to discuss issues relevant to the ship being visited. Attendees of shipboard training shall be provided a copy of the Syllabus and Training Manual.

The shipboard training shall be accomplished as part of the initial service and periodic service calls.

5.4 Quarterly Business Meeting

5.4.1 Quarterly Business Meeting:

Quarterly Business Meetings will be scheduled approximately every three (3) months during the period of performance of the contract at a location and time agreed to by MSC and the Contractor. The Quarterly Business Meeting shall facilitate a review of all data and reports generated over the past quarter. The Contractor shall record and distribute Meeting Minutes per Attachment (H), DI-006.

5.4.2 Quarterly Report of Service Calls, Training Activities, and Request for Estimates (RFEs):

The Contractor shall provide quarterly reports of all activities, including a summary of each service call, training activity, and RFE, beginning three (3) months after issuance of the first order under this contract. The report shall include a summary of each service call, training activity, and RFE and be distributed quarterly per Attachment (H), DI-007. The Quarterly Report will be discussed at the Quarterly Business Meeting.

5.4.3 Quarterly Technical Direction Letter Report:

The Contractor shall provide a Quarterly Technical Direction Letter Report for all TDL orders received in accordance with Attachment (H), DI-008. The Quarterly Technical Direction Letter Report will be discussed at the Quarterly Business Meeting.

5.5 Program Office

The Contractor shall provide a Program Office capable of conducting business during working hours. The Program Office includes personal computers for the Program Manager, Technical Manager, and Customer Service Representative, which shall have the ability to access the Internet and email. This office shall have the ability to send and receive faxes as well. The Contractor shall set up a delivery requirement status tracking system.

5.5.1 Points of Contact (Attachment (H), DI-009):

The Contractor shall provide a contact list for the Program Manager, Technical Manager, Customer Service Representative, and Field Service Technical Representatives, and this contact list shall include their phone number, cell phone number, fax number, and email address.

5.6. Order Confirmation:

The Contractor shall provide email confirmation of the receipt of each order issued by the Government. This notification shall be provided to: MSCHQ-N7_Orders.fct@navy.mil and the COR no later than close of business on the business day the Contractor received the order. Any product that is available with less than a 50% original shelf life will require a waiver submitted by email to the COR.

5.7 Weekly Outstanding TDL Report and Meeting (Attachment (H), DI-010)

The Contractor shall provide a weekly outstanding TDL report with actual final delivery date for each line item on a TDL. If there are multiple shipments for one line item, they shall be recorded as quantity delivered and the date (e.g. 10 liters/ [7/4/11]; 15 liters/ [7/7/11] to account for total 25 liters). The report will also identify all the outstanding line items on a given TDL that have not been delivered and current updated status for final TDL delivery completion. Upon final TDL delivery completion, the current updated status will reflect "FINAL DELIVERY COMPLETE" on the next Weekly Outstanding TDL Report. On the following Weekly Outstanding TDL Report, these TDLs will be removed in their entirety. Any line item on a given TDL that has appeared on subsequent Weekly Outstanding TDL Reports for a period of ninety (90) days will be canceled and re-ordered on a new TDL based on vessel's current requirements. The Weekly Outstanding TDL Report will be discussed at a weekly TDL telecon meeting which will be attended by at a minimum COR or ALT COR/Contract Customer Service Rep(s) and the Program Manager or Technical Manager.

5.8 Distance Support

The Contractor shall provide technical support via the worldwide web and/or direct communications with a ship via cell phone/ship-to-shore phone. The purpose is to provide any ship an alternative to an onsite Field Service Technical Representative for technical issues that can be easily resolved through an exchange of data and directions via electronic media. This is intended as being of short duration and scope and shall be included at no cost to MSC. If more extensive support is required, it will be ordered under the Problem Service Calls described in Paragraph 6.2.4.

5.9 Requests for Estimates (RFE)

When requested, the Contractor shall provide an estimate of the amount of coatings and solvents needed for a shipyard/industrial availability, as detailed in Paragraph 12.2.

6.0 OTHER ENGINEERING SERVICES

6.1 Phase-In/Phase-Out Services

6.1.1 Phase-In:

Following contract award, there shall be a one hundred twenty (120) day phase-in period, during which the Contractor shall, with Government input, develop a plan of action (Attachment (H), DI-011) to ensure a smooth transition of products and services from the predecessor contract to the current contract. The phase-in service plan shall provide milestones for the specific warehouse product stocking to meet full contract compliance by the end of the phase-in period. The Government will provide the Contractor with product data usage throughout the world. The Government may request limited scale product/services deliveries during the final sixty (60) days of the phase-in period. The Contractor can expect to begin receiving full-production scale orders for delivery of all products and services immediately following the completion of the phase-in period. There is no gradual production/delivery ramp-up period associated with this contract.

Within ten (10) days after contract award, the Contractor shall commence a review of coating requirements by MSC ship/class with the COR to identify the specific coatings and related products that are applicable to each painted surface on each specific MSC ship/class. This review shall be completed within fourty five (45) days of contract award.

Within ten (10) days after contract award, the Contractor and MSC shall schedule and attend a meeting among the COR, Program Manager, the Technical Manager, and the cognizant MSC personnel at MSCHQ, Washington Navy Yard, Washington, DC. The Contractor shall participate in a minimum of five (5) one-day meetings at MSC Headquarters in Washington, DC in connection with discussion on all aspects of the contracts. The Rate Table cost for phase-in services shall include all expenses (e.g., travel, labor, per diem) associated with the phase-in services, including travel to Washington, D.C. for meetings. Meetings will be documented by the Contractor per (Attachment (H), DI-006).

From Attachment (H), the Paint Handbooks (DI-005), Training Syllabus (DI-003), and Training Manuals (DI-004) shall also be developed during this phase-in period. Prior to or concurrent with commencing initial service calls, the Contractor shall deliver all shipboard training materials.

The Contractor and the COR shall develop a mutually agreeable schedule for initial service calls to each ship (Attachment (H), DI-012).

The Contractor shall develop final report formats for the following DIs within Attachment (H):

1. Quarterly Report of Service Calls, Training Activities, and RFEs (DI-007)

2. Quarterly Technical Direction Letter Report (DI-008)

3. Weekly Outstanding Order Report (DI-010)

4. Service Call Reports (DI-013)

5. Final Availability Report (DI-016)

Phase-In Services Deliverables

6.1.2 Phase-Out:

Before performance on this Contract ends completely, the Contractor shall use reasonable efforts to facilitate a successful transition of services from it to the awardee under a subsequent contract for the same or similar requirement. The Contractor shall develop with Government input, a plan of action to facilitate the transition of services to the incoming Contractor with no degradation of services.

6.1.2.1 Phase-out Reports, Attachment (H): DI-019: The Contractor shall provide the following reports during Phase-out Services:

a. A CD of all Service Call Reports.

b. A report compiling all the quarterly report data presented on products and ports.

c. A listing of every ship’s availability report for the contract. DO status Report identifying all expenses recorded against each DO. The Report should indicate whether all invoicing has been completed for each specific DO for the entire performance period.

6.2 Service Calls

6.2.1 Travel and Subsistence:

6.2.1.1 For ports listed in Attachment (F), travel costs for initial and periodic service calls will be paid at the fixed price quoted.

6.2.1.2 Travel and Subsistence for initial and periodic service calls outside a 50-mile radius of those locations indicated in Attachment (F), shall be reimbursed to the Contractor in accordance with the JTR as discussed below.

6.2.1.3 JTR travel will be reimbursed for actual expenses; no additional overhead, G&A, fees, or handling charges shall be included. The Contractor shall use the allowable Government personnel rates for per diem. Reimbursement for airfare shall not exceed the lowest customary standard, coach, or equivalent airfare offered. 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. Expenses for lodging, meals, and incidental expenses shall be reimbursed to the Contractor, provided that an overnight stay was documented as necessary. Actual expenses 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 JTR.

6.2.1.4 Limits of Travel Reimbursement: The Contractor shall be reimbursed for its actual costs when applicable, not to exceed the limits set forth in the JTR. Reimbursement will not be made for travel performed for the convenience of the Contractor. Per diem shall be payable only when the Contractor’s personnel are required to be away from the Contractor’s facilities or the employee’s home overnight. Each TDL that requires travel will include a not-to-exceed funding limitation for travel costs. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on the TDL. The Government is not obligated to reimburse the Contractor for otherwise reimbursable travel in excess of the funded amount stated on the TDL. When the Contractor expects funding expended for reimbursable travel to exceed the limitation per the TDL, the Contractor shall notify the Contracting Officer and the COR. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the TDL. 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 TDL unless the Contracting Officer notifies the Contractor in writing that the funded amount stated in the TDL has been increased. In the event notification is made orally, such notification shall be followed up in writing within two business days. No notice, communication, or representation from any person other than the Contracting Officer shall affect the Government’s obligation to reimburse the Contractor. Change orders shall not be considered an authorization to exceed the funded amount stated in the TDL unless they contain a statement expressly increasing the funded amount of that TDL by a sufficient amount to cover the change order.

6.2.1.