N00033-14-R-7503_Released_7.28.docx

N00033-14-R-7503

Section B - Supplies or Services and Prices

Dollars, U.S.

San Diego, CA Area – Base Year

FFP

LOT A Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only. Prices TBD based on award.)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

Material Mark Up Rates (to include Profit and G&A).

FOB: Destination

NET AMT

Dollars, U.S.

Bremerton, WA Area – Base Year

Lot B Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only. Prices TBD based on award.)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

NET AMT

Dollars, U.S.

Oahu HI Area – Base Year

Lot C Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only. Prices TBD based on award.)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

NET AMT

Dollars, U.S.

FFP

LOT A Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only. Prices TBD based on award.)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

NET AMT

Dollars, U.S.

FFP

Lot B Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only. Prices TBD based on award.)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

NET AMT

Dollars, U.S.

FFP

Lot C Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only. Prices TBD based on award.)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

NET AMT

Dollars, U.S.

FFP

LOT A Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only. Prices TBD based on award.)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

NET AMT

Dollars, U.S.

FFP

Lot B Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only. Prices TBD based on award.)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

NET AMT

Dollars, U.S.

FFP

Lot C Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only. Prices TBD based on award.)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

NET AMT

Dollars, U.S.

FFP

LOT A Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only. Prices TBD based on award.)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

NET AMT

Dollars, U.S.

FFP

Lot B Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only. Prices TBD based on award.)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

NET AMT

Dollars, U.S.

FFP

Lot C Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only. Prices TBD based on award.)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

NET AMT

Dollars, U.S.

FFP

LOT A Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only. Prices TBD based on award.)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

NET AMT

Dollars, U.S.

FFP

Lot B Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only. Prices TBD based on award.)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

NET AMT

Dollars, U.S.

FFP

Lot C Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only. Prices TBD based on award.)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

NET AMT

[NOTE: CLINs will be adjusted as necessary at award to reflect the awarded work]

MIN & MAX ORDER LIMITS

Minimum and Maximum Contract Amounts

1. The minimum guarantee is $3,000.00 per IDIQ contract, inclusive of all contract periods.

2. Maximum: $49,800,000.00. The maximum applies to the cumulative total of orders issued under all contracts awarded as a result of the solicitation. Success of each contractor competing for individual Delivery Orders will vary.

Section C - Descriptions and Specifications

DESCRIPTION/SPECS

DESCRIPTION AND SPECIFICATIONS

GENERAL

1.1. This is a contract for ship repair. Contractor is required to provide an adequate marine repair facility and all labor and materials necessary for the repair of MSC vessels in the [San Diego, CA / Bremerton, WA /Oahu, HI area(s), as determined at time of award] during the term of this contract. This contract consists of a one (1) year base period and four (4) one year option periods, if exercised. MSC vessels will be berthed at Government provided piers. Contractor is required to have access to a marine repair facility for necessary shop repairs and testing. All work will be done in accordance with applicable United States Coast Guard (USCG) and American Bureau of Shipping (ABS) Regulations and Rules.

2. MILITARY SEALIFT COMMAND VESSELS

2.1. The following is a nonexclusive list of the Military Sealft Command vessels that may be repaired under this contract. This listing is subject to change (increase or decrease) as Military Sealift Command adds or removes vessels from its inventory. MSC is entitled to have work performed on any of its vessels.

Dry Cargo/Ammunition Ships (T-AKE) Fast Combat Support Ships (T-AOE) Fleet Replenishment Oilers (T-AO) Cable Laying/Repair Ship (T-ARC) Fleet Ocean Tugs (T-ATF) Hospital Ships (T-AH) Rescue and Salvage Ships (T-ARS) Joint High-Speed Vessels (JHSV)

3. LOCATION

3.1. Contractor is required to perform the work onboard Military Sealift Command vessels as ordered.

3.2. The work will generally be performed while the vessel is berthed at a Government provided pier in the [San Diego, CA (e.g., North Island Naval Air Station or NAVBASE 32nd Street)/ Bremerton, WA (e.g., NAVMAG Indian Island or NAVBASE Kitsap) /Oahu, HI (e.g., Pearl Harbor or Hickam AFB) area(s), as determined at time of award].

3.3. Access to the vessel shall be coordinated in advance with the Port Engineer in charge.

3.4. Note “REPAIR FACILITY” location requirements in paragraph 12.1 below.

4. SERVICES

4.1. This contract covers general ship repair work, which includes, but is not limited to, pipefitting; welding; machining; electrical work; boiler making and repairing; diesel engine work; compressor, boiler, pipe, valve, pump, motor, and insulation repairs; lagging renewal; painting; non-skid renewal; cleaning and gas freeing; ventilation system cleaning, and galley system repairs.

4.2. The following examples are illustrative of the general scope, nature, complexity and purpose of the type and range of ship repair work to be performed under this contract:

4.2.1. Compressor - top end overhaul or major overhaul of ship's service or high pressure compressors.

4.2.2. Boiler - inspections, refractory repairs, tube renewals.

4.2.3. Pipe - pipe renewals, including carbon steel or CuNi, for various systems.

4.2.4. Valve - repairs to gate, globe, check, and butterfly valves.

4.2.5. Pump - overhauls including replacements of bearings, wear rings, shafts, and impellers.

4.2.6. Motor - reconditioning or rewinding of electric motors.

4.2.7. Insulation Repairs – insulation renewal.

4.2.8. Lagging Renewal - bulkhead and overhead insulation renewal.

4.2.9. Vessel maintenance painting - prepare and coat various surfaces including freeboard, house, kingposts, masts, and superstructure.

4.2.10. Non-skid renewal.

4.2.11. Cleaning and gas freeing of tanks, voids, and spaces. Provide required gas free chemist services.

4.2.12. Cleaning of ventilation systems.

4.2.13. Inspections and repairs to galley systems, including griddles, ovens, deep fat fryers, and refrigerators.

5. PIER ENTRY, SECURITY AND PERMITS

5.1. Contractor must arrange for access to the vessel for all work.

5.2. Permits for hotwork, heavy equipment, or permits for any other purpose must be obtained by the Contractor.

5.2.1. Note: Naval Region Southwest (NRSW) requires collection of data related to coating work (painting) done on vessels in the San Diego area. In the event painting is performed during the performance of this contract, contractors will provide the responsible Port Engineer with the information required to comply with this reporting requirement (e.g., name of vessel, location, scope of work) [This paragraph applies to SD Lot only, and will be included as appropriate at time of award].

5.3. Base Security clearance, including EPIC and individual base access, for all contract personnel is the responsibility of the contractor.

6. WORK HOURS

6.1. The contractor shall be available via telephone, 24-hours a day, 7 days a week for emergencies. In emergency situations, the contractor may start work immediately by verbal authorization from the Contracting Officer.

6.2. Ordinarily, work will commence in accordance with the delivery order. Any exceptions and changes shall be authorized by Contracting Officer only.

6.3. Work is to be planned and organized as efficiently as possible.

6.4. Once a job has commenced, any contractor caused delays which cause work stoppage shall be at the expense of the contractor.

6.5. Contractor personnel are required to work a basic, continuous eight (8) hour day straight-time. No overtime will be allowed except as authorized by the Contracting officer under a delivery order.

6.6. Definitions

6.6.1. Standard/Straight Time: Normal work of eight (8) hours per day, five (5) days per week, Monday through Friday.

6.6.2. Overtime: Any work in excess of eight (8) hours per day or in excess of 40 hours per week, or work performed on Saturdays.

6.6.3. Premium Time: Work performed on holidays or on Sundays.

7. TRAVEL

7.1. In no instance will travel be reimbursed in performance of this contract. Any travel costs associated with a delivery order will be negotiated at a firm-fixed price before issuance of the delivery order.

8. HAZARDOUS MATERIALS

8.1. ALL NEW MATERIAL SHALL BE ASBESTOS-FREE. If material which contains asbestos is inadvertently specified on a Contract Guidance Drawing or other document, it shall be the Contractor’s responsibility to substitute an otherwise equivalent non-asbestos product.

8.2. SAFETY CONTROLS ON ASBESTOS MATERIAL. Certain work items may require the contractor to remove, for example, insulation or lagging bulkhead materials., which may contain asbestos. Asbestos materials should be handled and disposed of, in accordance with H-3 and all applicable Federal, U. S. Navy, State and local regulations.

9. WORK ORDER CANCELLATION

9.1. Work orders may be canceled in accordance with the clauses incorporated in the contract.

10. REPORTS

10.1. A completion report shall be submitted within 3 days of completion of a delivery order. The report must identify Government Furnished material that was consumed or redelivered to the Government during the performance of each order and must include, as applicable, “As found” and “as released” readings. The completion report, in MS Word format unless otherwise specified, must be provided to MSC Contracting Officer’s Representative (COR) and Port Engineer via email.

10.2. When delivery orders include “Not to Exceed” items for incidental supplies and services (i.e. freight) the supporting documentation must be provided to the Contracting Officer for Delivery order definitization and attached to the WAWF invoice.

11. SUPERVISION

11.1. Project planning, scoping, supervision, quality assurance, and other administrative requirements are to be included in the man-hour rate.

12. REPAIR FACILITY

12.1. The contractor shall have access to a marine repair facility located within 50 miles of [San Diego, CA / Bremerton, WA /Oahu, HI area(s), as determined at time of award] to perform general piping repairs, diesel engine repairs, boiler repairs, electrical repairs, mechanical repairs, insulation/lagging, and vessel maintenance painting.

13. REQUIRED STANDARD OF WORKMANSHIP

13.1. The quality of all services rendered hereunder shall conform to the highest standards in the relevant profession, trade or field of endeavor. Qualified personnel shall perform all services.

13.2. All work shall be performed in accordance with applicable USCG and ABS Regulations and to the satisfaction of the Government Port Engineer/COR.

14. PRIOR WRITTEN PERMISSION REQUIRED FOR SUBCONTRACTS

14.1. None of the work required by this contract shall be subcontracted to or performed by persons other than the contractor without the prior written consent of the Contracting Officer.

15. CONTRACTOR FURNISHED MATERIALS

15.1. Any contractor furnished material required in the execution of delivery orders will be identified in the request for quote (RFQ). Prices shall be negotiated prior to issuance of delivery order/modification.

15.2. Costs for consumable materials such as office supplies, paper, rags, vehicles, equipment fuel costs, and materials consumed or used in the process of repair (e.g. welding rods, paint buckets, paint brushes, protective clothing, common fasteners) shall be included in the contractor’s overhead cost and not separately priced.

16. SHIP REPAIR LABOR RATE (FULLY BURDENED)

16.1. The Contractor’s fully loaded man-hour rate will be used for negotiating work to be performed under each delivery order, and includes delivery order modifications. The contractor agrees that the number of man hours included in its price proposal for such delivery orders shall include only direct production man hours. For these purposes, direct production man-hours are for skilled labor at the journeyman level expended in direct production as exemplified by the following functions:

Rigging Welding (including aluminum welding)

16.2. Direct production man hours will 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 loaded rate for direct production man hours. Examples of support functions include:

16.3. Material costs will not be included in the direct production man hour rate.

17. MARK-UP RATE

The material mark-up rates applies to materials to be provided to the ship as part of the repair that will sail away with the ship (e.g. equipment, replacement steel, pipes, and specialty fasteners). Materials consumed or used in the process of repair (e.g. welding rods, paint buckets, paint brushes, protective clothing, common fasteners) are part of the contractor’s overhead and not subject to the mark-up. The mark-up will be applied to the actual cost of the material. Actual cost does not include handling charges, general and administrative cost, overhead, profit or any other indirect cost.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

TIME OF DELIVERY AND/OR PERFORMANCE OF SERVICES

Contract Period: One (1) year base period with four (4) one year option periods. The performance period for each requirement will be designated on each individual delivery order.

PLACES OF PERFORMANCE

Work will be performed aboard MSC vessels at Government provided piers in the [San Diego, CA / Bremerton, WA /Oahu, HI area(s), as determined at time of award] as specified on each individual Delivery Order. Each delivery order shall specify exact location of the vessel.

PLACES OF DELIVERY: DESTINATION

All items and data furnished hereunder shall be delivered with all transportation charges paid by the contractor to the destination specified in the Delivery Order.

EMERGENT REQUIREMENTS

A number of orders issued under this contract are expected to be classified as “emergent work” by the Contracting Officer (KO). The Contractor will be expected to commence work upon receipt of verbal authorization from the Contracting Officer. See Section H-1 for oral order procedures.

DELIVERY INFORMATION

14-JAN-2016

30-JAN-2016

17-JAN-2016

14-JAN-2017

30-JAN-2017

17-JAN-2017

14-JAN-2018

30-JAN-2018

17-JAN-2018

16-JAN-2019

30-JAN-2019

17-JAN-2019

16-JAN-2020

30-JAN-2020

17-JAN-2020

CLAUSES INCORPORATED BY FULL TEXT

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages for each day of delay of the vessel the dollar value noted in the individual task/delivery order; provided, however, that liquidated damages shall not exceed ten percent (10%) of the initial job.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

(End of clause)

Section G - Contract Administration Data

CONTRACT ADMIN

G-1 POINT OF CONTACT

For information regarding this document please contact:

Mr. Steven Galer N1024 Ship Support Branch U.S. Navy's Military Sealift Command 914 Charles Morris Court, SE Washington, DC 20398-5540 Phone 202-685-5992 steven.galer@navy.mil

G-2 DELIVERY ORDER POINT OF CONTACT

Contractor shall provide a single point of contact (POC) and alternate for all delivery orders issued under the contract. The contractor shall provide the name, mailing address, telephone number, facsimile number and e-mail address for the POC and POC alternate. The POC shall be available to the Contracting Officer or his/her designated representative on a 24-hour emergency basis.

G-3 INVOICE ATTACHMENT REQUIREMENTS

The following information, at a minimum, must be attached into Wide Area Work Flow (WAWF) and submitted with each and every invoice showing certification with the Onsite Management Team prior to submission:

CLIN

Contract Price Through Mod P0000X

Completed Less Retainage Less Previous Payments Amount due this Invoice Total Invoiced to Date

Military Sealift Command Administering Contracting Officer

Military Sealift Command Shipyard Representative Principal Port Engineer

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the ``Web Based Training'' link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions are required via web entry.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type: COMMERCIAL INVOICE

(2) Inspection/acceptance location: GOVERNMENT

(3) Document routing: See table below

Routing Data Table*

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit. Unless otherwise specified, additional data typically applicable to cost type contracts and Material Inspection and Receiving Reports (DFARS Appendix F), is not applicable to this contract.

(g) WAWF point of contact:

1. The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact: MSCHQ_WAWF@navy.mil.

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (AUG 2012)

The information contained in this instruction is supplemental to DFARS 252.232-7006.

The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only. Information included in DFARS 252.232-7006 and this WAWF instruction apply only to WAWF Invoicing and WAWF Receiving Reports. Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the terms and conditions of the contract.

When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or DoDAAC extensions exactly as shown in the table in DFARS 252.232-7006. Fields that should not be filled in when entering the invoice into WAWF will be indicated with the direction, “Leave Blank.”

In some situations the WAWF system will pre-populate the “Pay DoDAAC,” “Admin By DoDAAC” and “Issue By DoDAAC.” The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table in DFARS 252.232-7006. If these DoDAACs do not match, then the Contractor shall correct the field(s).

If Receiving Reports are required, ensure that the “Inspection” and “Acceptance” defaults of “destination” for both fields are not changed in the WAWF online interface.

The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit Price (e.g. $1.00). The dollar amounts on each CLIN or SubCLIN on the WAWF invoice shall reflect final performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in the contract document. The Contractor shall bill to the lowest level, e.g., the SubCLIN level. The Quantity and Unit of Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the invoice being delayed or rejected during processing.

Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor will be given the option to send additional email notifications by clicking on the “Send More Email Notifications” link that appears on the page. The Contractor shall click on this link and add the Technical Point of Contact’s (TPOC) or Contracting Officer’s Representative’s (COR) email address in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF system.

(End of instructions)

Section H - Special Contract Requirements

H-1 - PROCEDURES FOR PLACING DELIVERY ORDERS UNDER MULTIPLE AWARD CONTRACTS

(a) ORDERS NOT EXCEEDING $3,000. Orders not exceeding $3,000 may be placed and paid for using a Government Commercial Purchase Card (GCPC). If a GCPC is used, no delivery order will be issued, but all terms and conditions of this contract, including the applicable labor rates and material markup, shall apply as though a delivery order had been issued.

(b) ORDERS IN EXCESS OF $3,000. The following procedures and criteria will be utilized; Exceptions to these procedures are outlined in paragraph (c) below:

(1) Written or oral proposals will be solicited from each contract holder for the particular location where the ship is located (e.g. San Diego, CA; Bremerton, WA; or Oahu, HI, as applicable under this contract). In the case of multiple awards, the solicitation shall describe the basis for selecting the contractor to receive the order. Orally issued orders will be followed up with a written order within three business days.

(2) The labor hour and markup rates in Section B are ceiling rates applicable to work only in the geographical area(s) to which they pertain. Contractor delivery order proposal submissions may not exceed those ceiling rates. The rates will apply to all work under each delivery order, including any growth work or modifications. The Contractor may offer lower rates when proposing for a delivery order, in which case the lower rates shall apply, but only to the delivery order (including any growth work or modifications) for which the rates were offered.

(3) Each awardee need not be contacted if the contracting officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order.

(c) EXCEPTIONS. Exceptions to the fair opportunity process are outlined in FAR 16.505(b)(2).

H-2 - HOLIDAYS

The holidays applicable to this contract are:

H-3 - PREVENTION OF THE DISCHARGE OF OIL AND HAZARDOUS SUBSTANCES

(a) Policy. In compliance with Executive Order Number 11752 (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 COR by demonstrations, completed test memoranda, or other means reasonably acceptable to the COR 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 MSCREP thereof and shall immediately take all reasonable steps to prevent further discharge. Within 24 hours thereafter, the Contractor shall file with the COR the "Oil or Hazardous Substance Discharge Report" using a format that is acceptable to the COR.

(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-4 PAPERLESS CONTRACT ADMINISTRATION

Prior to start of the Performance Period, the Contractor shall coordinate with the Contracting Officer an electronic mail procedure for transmission of all contractual documents and correspondence. Contractors shall receive all contractual documents and correspondence via this method, and shall submit all correspondence and proposal information in the same manner. Scanners may be used for documents requiring signatures. MSC utilizes the MS Office suite of applications (i.e. Word, Excel) and Adobe Acrobat to conduct its contracting administration. Contractors wishing to do business with MSC shall utilize same programs.

H-5 ROLLING ADMISSION FOR FUTURE ADDITIONAL GSR IDIQ HOLDERS

The Government reserves the right to determine whether it would be appropriate to announce a new competition for the purpose of adding additional GSR IDIQ holders. Periodically, the government will assess the quality of performance by each GSR IDIQ holder, the number, value and complexity of work assigned to each holder and amount of competition achieved. In addition, the government will assess the internal transaction cost for issuing each delivery order and whether revisions are needed to the scope of the Statement of Work. Based on these criteria and if it is in the best interest of the Government, the Procuring Contracting Officer may announce a new competition to add additional GSR IDIQ holders to this contract.

H-6 LIMITATION ON SUBCONTRACTING

(a) Orders may include a Government directed subcontractor, typically to provide OEM parts and service. Such directed subcontracting is a material cost for purposes of compliance with the limitations of FAR 52.219-14. Further, subcontracting to a similarly situated small business does constitute subcontracting for purposes of compliance with the limitations of FAR 52.219-14.

Section I - Contract Clauses

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount not exceeding $3,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $2,000,000;

(2) Any order for a combination of items in excess of $2,000,000; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 14 March 2020.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor anytime prior to the end date of the contract. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the end date of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend anytime prior to the end date of the contract. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

“WARNING: Contains (or manufactured with, if applicable), a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.”----------------------------

The Contractor shall insert the name of the substance(s).

52.243-7 NOTIFICATION OF CHANGES (APR 1984)

(a) Definitions.

"Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.

"Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing, within 90 calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state--

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including--

(i) What contract line items have been or may be affected by the alleged change;

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or…