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N00033-14-T-9096 RFQ FOR LEAD BASED PAINT TESTING
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MILITARY SEALIFT COMMAND WASHINGTON D.C.
914 CHARLES MORRIS COURT SE
WASHINGTON NAVY YARD DC 20398-5540
UNDER DPAS (15 CFR 700)
11. DELIVERY FOR FOB
RFQ
SEE SCHEDULE
14. METHOD OF SOLICITATION
IFB RFP
CODE
SEE ADDENDUM
BLOCK IS MARKED
DESTINATION UNLESS
12. DISCOUNT TERMS
(No Collect Calls)
13b. RATING
13a. THIS CONTRACT IS A RATED ORDER
X
CODE
N00033-14-T-9096 06-Jan-2014
b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME
02:00 PM 17 Jan 2014
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV 3/2005)
Prescribed by GSA
FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY
CODE 10. THIS ACQUISITION IS
UNRESTRICTED
FAX: NAICS:
TEL:
CODE 18a. PAYMENT WILL BE MADE BYOFFEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
N00033
SIZE STD:
9. ISSUED BY
FACILITY
CODE
17a.CONTRACTOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
KARL J SCHULER
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
562910
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
SB
HUBZONE SB
SET ASIDE: 100 % FOR
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
TEL: EMAIL:
1 COPIES
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
.OFFER DATED YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
X
8(A)
SVC-DISABLED VET-OWNED SB
EMERGING SB
X
X
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
SEE SCHEDULE
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT
PAGE 2 OF
23. UNIT PRICE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV 3/2005) BACK
Prescribed by GSA
FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
N00033-14-T-9096
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Labor
FFP
FOB: Destination
NET AMT
Travel
Other Direct Costs
STATEMENT OF WORK
PERFORMANCE WORK STATEMENT
RFQ N00033-14-T-9096
Title: T-AKE High Lead Content Paint Testing
Start Date: Upon issuance of the Order
Completion Date: 31 May 2014
Contracting POC: Karl Schuler, (202) 685-5953, karl.schuler@navy.mil
References:
a) MSC Standard Drawing 803-7081122 Revision “-“; Military Sealift Command General Technical Requirements (GTRs)
b) MSC Standard Drawing 803-7080803 Revision P9; Preparation of Computer Aided Design (CAD) Drawings for USNS Ships.
1. Background:
1.1. During the USNS MATTHEW PERRY (T-AKE 9) Post Shakedown Availability, paint with high lead concentrations was found to have been applied, pre-delivery, in elevator pits and bilge pockets.
1.2. Subsequent investigation by the manufacturer has determined the paint with high lead content to be International Paint 262 clear-base, dark grey paint. Paint with high lead content was installed, pre-delivery on USNS AMELIA EARHART (T-AKE 6), USNS CARL BRASHEAR (T-AKE 7), USNS WALLY SCHIRRA (T-AKE 8), USNS MATTHEW PERRY (T-AKE 9), and USNS CHARLES DREW (T-AKE 10).
1.3. Machinery spaces utilize an acoustic lead shielding, installed behind a layer of insulation on bulkheads and overheads. These areas can be found in GFI 7.8 to 7.15.
2. Scope of Work:
The Contractor shall test for the presence of lead onboard USNS MATTHEW PERRY (T-AKE 9) and USNS CHARLES DREW (T-AKE 10) and analyze paint with an X-ray fluorescence analyzer. Sample points and positive readings (≥.12 mg/cm2) shall be annotated on a Lead Paint Map.
3. Specific Tasks:
3.1. The Contractor shall arrange kick-off meeting within five (5) business days after the acceptance of the task.
3.1.1. Contact the TPOC and arrange a mutually agreeable time to meet, in the Hampton Roads, VA area or via Phone conference, to develop a mutual understanding of the requirements and details of work.
3.1.2. Forward a meeting agenda discussing the topics listed in Paragraph 3.1.3. to the TPOC one (1) business day prior to the kick-off meeting.
3.1.3. Topics to be presented at this meeting to include:
Project Schedule Project Milestones Statement of Work Review Access to ship for ship checks Deliverables
3.1.4. Create a set of minutes stating all agreements and understandings discussed during kick-off meeting.
3.2. The Contractor shall conduct a shipcheck onboard USNS MATTHEW PERRY (T-AKE 9) and USNS CHARLES DREW (T-AKE 10) in Southeast Asia in February and March 2014, respectively. The purpose of the ship check is to gather the necessary readings to develop a Lead Paint Map reflecting the ship’s current configuration. Actual shipcheck dates shall be coordinated with the TPOC and the ship senior staff. The Contractor shall perform the following during the shipcheck:
3.2.1. Analyze paint in locations and quantities in accordance with GFI 7.3.
3.2.1.1. Utilize an X-ray Fluorescence (XRF) Analyzer, which meets the following specifications:
No need for substrate correction No false positives/false negative reading No inconclusive results Capable of detecting lead in paint in excess of 10 mils thick In calibration Output to be in mg/cm2, ppm by weight, or percent by weight Lead content detected greater than 1ppm will be considered positive XRF Analyzer must have operating temperature of 120 Deg F and capable of working in high humidity areas XRF Analyzer shall have a detection limit of 0.1 mg/cm2 with an error limit of +/- .02.
XRF Analyzer shall be utilized in K&L mode.
3.2.1.2. Tanks, cofferdams, voids, chain lockers, and the hull of the vessel shall not be analyzed.
3.2.1.3. Total quantity of shots not to exceed 2769.
3.2.2. The Contractor shall validate XRF readings.
3.2.2.1. Collect paint chip samples in the amount of 1% of the total XRF readings.
3.2.2.2. Analysis shall be conducted by a laboratory accredited by the American Industrial Hygiene Association Environmental Lead Laboratory Accreditation Program
3.2.2.3. Total quantity not to exceed 28 chips.
3.2.3. The Contractor shall conduct an analysis of presumed lead-free paint codes in accordance with GFI 7.4.
3.2.3.1. Utilize an X-ray Fluorescence (XRF) Analyzer with the specifications of Paragraph 3.2.1.1
3.2.3.2. Paint codes include FD, HR, AS, HT, KC, and KD.
3.2.3.3. Tanks, cofferdams, voids, chain lockers, and the hull of the vessel shall not be analyzed.
3.2.3.4. Total quantity not to exceed 50 samples.
3.2.4. The Contractor shall create a Lead Paint Map for the USNS MATTHEW PERRY (T-AKE 9) and USNS CHARLES DREW (T-AKE 10) from the Ship Specific General Arrangement.
3.2.4.1. Create a Lead Paint Map in AutoCAD 2004 format using References (a) and (b) as guidance.
3.2.4.2. Refer to GFI 7.6 for a list of Drawings Numbers.
3.2.4.3. The format and level of detail shall be in accordance with the following:
Sample locations shall be annotated with the sampling IDs as follows XXXXD – Deck
XXXXB – Bulkhead
XXXXO – Overhead
XXXXR – Random
XXXXLF – Lead-Free XRF Sample
PC-XXX- Paint Chip Sample
Compartments testing positive/negative shall be annotated.
Table of positive results General Notes to include date of ship check, analyzer used, date of calibration.
Symbols used are to be in accordance with GFI 7.7.
Updated references.
3.2.4.4. All drawings shall go through a Quality Assurance Check, which shall include a review by a senior level Engineer/Industrial Hygiene Surveyor with more than ten (10) years’ experience.
3.3. The Contractor shall deliver a Survey Report, which includes the following:
3.3.1. State who attended the ship check.
3.3.2. The duration of the ship check, and information that could not be gathered during the ship check.
3.3.3. Any issues with the XRF Analyzer.
3.3.4. Table of all XRF and Paint Chip Sample Readings with the following columns:
Sample ID # Compartment #/Location Component Lead Concentration (mg/cm2) Notes Positive Readings annotated in Red.
3.4. The Contractor shall submit draft Lead Paint Map to TPOC for review.
3.4.1. Drawings shall be delivered following the delivery schedule in Paragraph 6.
3.4.2. All AutoCAD drawings shall be fully vectorized AutoCAD files.
3.4.3. All readings collected during the ship check shall be provided to the TPOC.
3.5. The Contractor shall deliver finalized Lead Paint Map in AutoCAD and Adobe PDF.
3.5.1. Drawings shall be delivered on labeled CDs.
3.5.2. Drawings shall be delivered in three sets of hard copies for each drawing.
3.5.3. Drawing size shall be in accordance with Reference (b).
3.5.4. All source files shall be provided to MSC and must be fully functional and editable to allow for MSC to update in the future.
4. Period of Performance:
Performance will commence on acceptance of the order and end 31 May 2014.
5. Deliverables
All deliverables shall be submitted to the TPOC in accordance with the delivery schedule in Paragraph 6.
TPOC will review all draft deliverables for a period of no more than five (5) business days.
TPOC comments shall be answered by the Contractor within five (5) business days from receipt.
6. Delivery Schedule
Deliverable Format Due Date
1. Kick Off Meeting (Para. 3.1) N/A Five (5) business days after award
2. Kick Off Meeting Agenda (Para.
3.1.2)
MS Word One (1) business day prior to Meeting
3. Kick Off Meeting Minutes (Para. 3.1.4) MS Word Two (2) business days after Meeting
4. Ship Check (Para. 3.2) N/A February 2014 (T-AKE 9)
March 2014 (T-AKE 10)
6. Submit Draft Lead Paint Map (Para. 3.4)
Submit Draft Survey Report (Para 3.3)
AutoCAD
Hard Copy
30 April 2014
7. Deliver finalized Lead Paint Map (Para. 3.5)
AutoCAD
Hard Copy
Adobe
CD
31 May 2014
7. Government Furnished Information (GFI):
7.1. MSC Standard Drawing No. 7081122 Revision “-“; General Technical Requirements.
7.2. MSC Standard Drawing No. 7080803 Revision “A”; Preparation of CAD Drawings for USNS Ships
7.3. Lead Paint Compartments.xls.
7.4. NAVSEA Drawing Number 631-7488891 Rev J; Paint Schedule.
7.5. MSC Drawing No. 802-8388848 SRD General Arrangement (T-AKE 9).
7.6. Lead Paint Map Drawing Numbers.xls.
7.7. MSC Drawing No. 8391855 Lead Paint Map
7.8. NAVSEA Dwg Number 635-7489018 Insulation Arrangement Tank Top
7.9. NAVSEA Dwg Number 635-7489019 Insulation Arrangement 4th Deck
7.10. NAVSEA Dwg Number 635-7489020 Insulation Arrangement 3rd Deck
7.11. NAVSEA Dwg Number 635-7489021 Insulation Arrangement 2nd Deck
7.12. NAVSEA Dwg Number 635-7489022 Insulation Arrangement Main Deck
7.13. NAVSEA Dwg Number 635-7489023 Insulation Arrangement 01 Level
7.14. NAVSEA Dwg Number 635-7489024 Insulation Arrangement 02 Level
7.15. NAVSEA Dwg Number 635-7489025 Insulation Arrangement 03 Level and Above
7.16. MSC Drawing No. 802-8388924 SRD General Arrangement (T-AKE 10).
8. General Requirements
8.1. All Contractor employees participating in the ship check shall be U.S. Citizens and submit an EPIC request form to the TPOC upon award.
9. Invoice Requirements
9.1. The contractor shall submit an invoice upon acceptance of the final deliverables by the Government
10. Contract Type. This will be a firm-fixed-price task order with reimbursable elements for actual travel and ODC expenses.
11. 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 Technical Point of Contact (TPOC) prior to incurring any travel expense. The Contractor shall submit the written request to the TPOC three (3) days 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 TPOC 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 quoted 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 TPOC 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.
12. Performance Standards.
12.1. MSC maintains ships to United States Coast Guard (USCG) and American Bureau of Shipping (ABS) standards. Any designs or alterations will meet the standards and requirements set forth by ABS. In addition, any design work and alterations shall meet United States Public Health Service (USPHS), American Society of Testing and Materials (ASTM), Society of Naval Architects and Marine Engineers (SNAME), Institute of Electrical and Electronic Engineers (IEEE), International Maritime Organization (IMO), and others as applicable. In the event, due to unique Mission requirements, when it may not be possible for all modifications to meet all current standards, the Contractor, in conjunction with MSC, will work with the various societies to develop solutions which meet the intent of the standards to the extent practicable.
12.2. This is a Performance Based Contract in accordance with FAR 37.6. The PWS provides specific requirements to accomplish the work. The Contractor shall be evaluated on its ability to provide quality deliverables in an efficient manner. The Government shall monitor the Contractor’s performance under this contract using the Performance Assessment Plan (PAP) developed by the Government (Attachment 1).
13. Other Pertinent Information or Special Considerations.
13.1. Identification of Non-Disclosure Requirements: The Contractor will be required to work with business sensitive information in the performance of this contract. No sensitive or proprietary information of, or in the possession of the Military Sealift Command or any of its operating units, will be disclosed without the written consent of the Contracting Officer. A non-disclosure agreement concerning information gained or used during performing under this contract must be signed prior to the start of the contract. The agreement must be signed by any personnel who have access to sensitive business information and their employer. The required non-disclosure agreements are included as Attachment 2.
13.2. Security Requirements:
13.2.1. The Contractor shall comply with all applicable public laws, government regulations, and command procedures regarding privacy.
13.2.2. All personnel performing work under this Contract shall be United States citizens.
13.3. Contractor Identification:
13.3.1. Contractor employees must be clearly identifiable while on Government property by wearing appropriate badges.
13.3.2. Contractor personnel and their subcontractors must identify themselves as Contractors or subcontractors during meetings, telephone conversations, in electronic messages, or correspondence related to this Contract.
13.3.3. Contractor-occupied facilities (on Department of the Navy or other Government installations) such as offices, separate rooms, or cubicles must be clearly identified with Contractor supplied signs, name plates or other identification, showing that these are work areas for Contractor or subcontractor personnel.
13.4. Data Rights
a) All work performed by the Contractor under the Contract shall become the exclusive property of MSC in which the Government shall have unlimited rights. The Contractor shall not deliver or otherwise provide to the Government technical data or computer software, to include the deliverables under the Contract, with restrictions, including those as to use, modification, reproduction, and transfer, or with restrictive markings.
b) At any and all times, the Contractor agrees to promptly provide to the Government at no additional cost such documents, codes or other materials and information that are necessary to permit the Government's full enjoyment of its rights in the deliverables as described above.
13.5. Technical Point of Contact (TPOC)
13.5.1. The Contracting Officer has designated the person named below as the authorized COR for this Contract:
NAME:
CODE:
PHONE: To be provided at award
EMAIL:
13.5.2. The TPOC will represent the Contracting Officer in the administration of technical details within the scope of this contract and will perform inspection and acceptance of all deliverables. The TPOC is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The TPOC does not have the authority to alter the Contractor's obligations or change the specifications in the contract or issue Task Orders. If, as a result of technical discussions, it is desirable to alter contract obligations or statements of work, a modification must be issued in writing and signed by the Contracting Officer. The TPOC is responsible for reviewing the invoices submitted by the Contractor and informing the Contracting Officer of areas where exceptions are to be taken. The TPOC authority is nondelegable. The TPOC may be personally liable for unauthorized acts.
13.6. Authorized Changes Only by the Contracting Officer:
13.6.1. Except as specified in Paragraph 13.6.3 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.
13.6.2. 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.
13.6.3. 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: Stefani Nick
ADDRESS: 914 Charles Morris Court, SE
Washington Navy Yard, DC 20398
TELEPHONE: (202) 685-5962
13.7. Contractor Manpower Reporting:
13.7.1. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift Command via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/
13.7.2. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at:
http://www.ecmra.mil/
13.7.3. This effort supports DoD’s Inventory of Contract Services (ICS). Source of this requirement is OSD Memorandum of 28 Nov 2012. To review the details of the memorandum go to:
http://www.acq.osd.mil/dpap/ops/policy_vault.html
14. Other Direct Costs (ODC) Reimbursement:
a. In the event that additional or specialized equipment, services and/or supplies are required, the Government will reimburse the Contractor only for the actual price paid for such equipment, supplies and services that are expressly identified as an ODC under the task order issued. Task orders that anticipate the need for ODC's will include an ODC CLIN.
b. "Actual price" paid by the Contractor for such equipment, supplies and services includes tax paid, if any, and reduced by any and all credits and rebates, whether accrued or realized, associated with the supplies and services provided. "Actual price" does not include material handling charges, overhead, general and administrative costs, profit, or any other indirect cost that is in any way associated with the Contractor's purchase or provision of such supplies and services. The parties expressly agree that the offered and accepted daily rate includes all costs incurred or paid by the Contractor, including but not limited to material handling charges, overhead, general and administrative costs, or profit, that are in any way associated with the Contractor's purchase or provision of such supplies and services.
c. To be eligible to receive reimbursement for equipment, services and supplies identified in a task order as an ODC and obtained in support of this contract, the Contractor must obtain at least three quotes for each transaction in excess of $2,500 to ensure that adequate price competition was sought or the Contractor must provide an acceptable justification as to why it was impracticable to do so. The Contractor shall provide this documentation to the Contracting Officer for approval in accordance with FAR 52.244-2 (Subcontracts), or as directed by the Contracting Officer, prior to obtaining these services and supplies. The Contractor shall maintain documentation of all reimbursable purchases until three years after the contract is completed and shall provide access to and copies of such documentation when requested by the Contracting Officer.
d. The Contracting Officer may reduce the reimbursement by any amount above that which the Contracting Officer finds, in his/her sole discretion, is greater than that which is fair and reasonable for the supplies or services provided, giving due consideration to the facts and circumstances prevailing at the time that the Contractor procured the supplies and services. Disputes as to the amount by which any reimbursement is reduced shall be resolved in accordance with the "Disputes" clause of the contract. It shall be the Contractor's burden to demonstrate that the price it paid for reimbursable supplies and services was fair and reasonable.
e. When the Contractor expects total funding expended for ODC's to reach 85 percent of the total funds available on each ODC CLIN, the Contractor shall notify the Contracting Officer and theTPOC 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 Schedule. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on each ODC CLIN at the time a reimbursable item is ordered.
f. The Government is not obligated to reimburse the Contractor for ODC's in excess of the funded amount stated in the Schedule under each Reimbursable CLIN.
g. The Contractor is not obligated to continue performance of any ODC work under this Contract or otherwise incur costs for ODC's in excess of the funded amount stated in the Schedule under each ODC CLIN unless the Contracting Officer notifies the contractor that the funded amount stated in the Schedule under the applicable ODC CLIN has been increased. Notification shall be in writing. In the event notification is made orally, such notification shall be followed up in writing within two working days.
h. No notice, communication, or representation from any person other than the Contracting Officer shall affect the Government's obligation to reimburse the Contractor.
i. Change orders shall not be considered an authorization to exceed the funded amount stated in the Schedule under the ODC CLIN unless they contain a statement expressly increasing the funded amount of the ODC CLIN by a sufficient amount to cover the change order.
PERFORMANCE ASSESSMENT PLAN
MILITARY SEALIFT COMMAND
PERFORMANCE ASSESMENT PLAN (PAP)
1.0 INTRODUCTION
This Performance Assessment Plan (PAP) has been developed to comply with the Federal Acquisition Regulation (FAR) Subpart 37.6 – Performance Based Contracting. 37.602-2 states that agencies shall develop surveillance plans that recognize the responsibility of the Contractor to carry out its quality obligations and shall contain measurable performance standards so that the Government receives the quality of the services called for in the contract.
This PAP is designed to define the performance management approach, define roles and responsibilities, define methodologies used to monitor and evaluate Contractor’s performance and define the performance standards from which the Contractor will be measured.
2.0 IDENTIFICATION OF WORK TO BE PERFORMED:
The Contractor shall test for the presence of lead onboard USNS MATTHEW PERRY (T-AKE 9) and USNS CHARLES DREW (T-AKE 10) and analyze paint with an X-ray fluorescence analyzer.
3.0 PERFORMANCE MANAGEMENT APPROACH:
The Contractor’s internal quality control system will set forth the staffing and procedures for self inspecting the quality, timeliness, customer satisfaction and other performance requirements in the PWS.
The purpose of the PAP is to provide guidelines and procedures by which the Contractor’s performance will be evaluated and assessed. The PAP is intended to be a “living” document that will be revised or modified as circumstances warrant, and is therefore provided for information only. The PAP is based on the premise that the Contractor is responsible for quality assurance in the performance of their work, but it is the Government’s responsibility to periodically ensure they are receiving the work that was contracted for.
4.0 ROLES AND RESPONSIBILITIES:
Contracting Officer: Responsible for monitoring contract compliance, performing contract administration and resolving any differences between the observations documented by the Contracting Officer’s Representative (COR) or Technical Point of Contact (TPOC) and the Contractor’s performance.
Technical Point of Contact (TPOC): The primary technically oriented representative assigned to monitor contract performance on a task-by-task basis. The TPOC is responsible for providing technical direction to the Contractor for each individual task and will perform the final inspection and acceptance of all deliverables under the each task order.
5.0 METHODOLOGIES TO MONITOR PERFORMANCE:
In an effort to minimize the contract administration burden, simplified methods of surveillance techniques shall be used by the Government to evaluate Contractor performance. The primary methods of surveillance are Customer Input / Feedback. Customer feedback may be obtained either from the results of the formal customer satisfaction surveys (included in this PAP) or from random customer complaints.
Customer complaints, to be considered valid, must set forth in writing the detailed nature of the complaint, and must be certified by the COR/TPOC. The complaint will then be forwarded to the Contracting Officer for review. If the Contracting Officer determines that the complaint is valid, the Contractor will be formally notified in writing. The Contractor will have 5 business days to formulate a response detailing the actions taken to remedy the complaint filed.
6.0 DOCUMENTATION
The COR/TPOC shall maintain copies of all reports, evaluations, recommendations and any actions related to the Government’s performance of the performance assessment function in the COR/TPOC file for this contract. All records shall be maintained for the life of this contract.
7.0 ATTACHMENTS
Attachment 1 – Required Performance Metrics
Attachment 2 – Performance Evaluation Survey
ATTACHMENT 1
REQUIRED PERFORMANCE METRICS:
Task or Deliverable
Metric Type
Performance Standard*
Performance Indicator
Surveillance Method
Incentive (Negative)
Timeliness of Deliverables Required by the Contract
Efficiency Deliverables shall be submitted in accordance with the delivery requirements required by the
PWS.
100% of the deliverables are submitted on time.
COR/TPOC
Tracking / Customer Complaints
$250.00 for every five (5) business day late, up to a maximum of $2,000.00. Notwithstanding the foregoing, the Government may terminate the Contract for cause if deliverables are not provided by the due date.
Accuracy of Deliverables Required by the Contract
Quality Reports and Other Deliverables are Correct when submitted.
No more than 4 Errors per Deliverable
COR/TPOC
Review for completion and accuracy
Deliverables received that have more than four (4) errors will result in rejection of the deliverable as incomplete and returned to the Contractor. MSC shall not inspect the entire deliverable, rather MSC shall identify, if present, the first four errors and return the deliverable to the Contractor. Each time the deliverable is returned, $200.00 for each instance in which a deliverable is determined to be incomplete, up to a maximum of $2,000.00. Notwithstanding the foregoing, the Government may terminate the Contract for cause if deliverables are not provided by the due date.
*Note: Reports are not counted as late when, on a case by case basis, the COR/TPOC approves later report submission
ATTACHMENT 2
CONTRACTOR PERFORMANCE EVALUATION SURVEY (TO BE COMPLETED BY COR or TPOC)
SERVICE (Please include a description of the service being provided in the box below):
TASK ORDER # / SURVEY PERIOD:
Please provide ratings and comments regarding the Contractor’s performance in each area below using the following ratings:
SATISFACTORY UNSATISFACTORY
OVERALL RATING
Please provide an overall rating of the contractor’s performance:
a.) Quality of Product or Service:
b.) Timeliness (Deliverables were met in accordance with the contract schedule):
c.) Customer Satisfaction
ADDITIONAL COMMENTS:
Signed: __________________________________
Contracting Officer’s Representative /
Technical Point of Contact
CLAUSES INCORPORATED BY REFERENCE
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
DEC 2012
52.204-7 System for Award Management JUL 2013
252.204-7000 Disclosure Of Information AUG 2013
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992
52.212-1 Instructions to Offerors--Commercial Items JUL 2013
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
52.204-2 Security Requirements AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.232-7010 Levies on Contract Payments DEC 2006
CLAUSES INCORPORATED BY FULL TEXT
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
(End of clause)
52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS
1. This is a FAR Part 13 procurement that uses Simplified Acquisition Procedures. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.
2. The term “quoter” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and “quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order in response to a request for quotes (RFQ).
3. The following paragraphs of FAR 52.212-1 shall not apply: b,c,f (except f(4), and 1.
4.
a. Quoters shall submit quotes using the submission package attached to the RFQ by 02:00 PM EST on 17 January 2014. The Government will consider all quotes that are timely received and may consider late quotes.
Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable.
b. All offers in response to this RFP shall be submitted electronically to karl.schuler@navy.mil . E-mail proposals shall be in either Adobe or Microsoft Word format. Quoters are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. To be timely, an E-mail proposal must be received in its entirety in the designated E-mail inbox by the due date and time for proposal submission. An E-mail proposal that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late unless the exception at FAR 52.212- 1(f)(2)(i)(A) applies. The exception at FAR 52.212-1(f)(2)(i)(B) shall not apply to E-mail proposals.
SUBMISSION PACKAGE
1. The quote must demonstrate an understanding of and ability to meet all of the requirements set forth in the RFQ’s performance work statement (PWS). The quoter shall provide sufficient detail to substantiate the validity of all statements. The quoter shall demonstrate that the quote is in compliance with the requirements, terms, and conditions of the RFQ. Comprehensive responses to the requirements of the RFQ are required to enable the Government to evaluate the quoter's understanding of and capability to accomplish the requirements of the PWS.
2. Quotes shall contain the following:
Technical Approach: The quoter shall describe their overall approach to the task. At a minimum the quote shall include:
o Examples of shipboard experience o Information on the X-ray fluorescence analyzer (XRF) which will be used during the scope of the task and documentation that validates that the XRF analyzer meets all requirements of paragraph 3.2.1.1 o Proof of training for individuals who will utilize XRF analyzer during performance of the task Price: Quoters shall provide a total firm-fixed-price for the services required by this RFQ inclusive of labor, travel, and other direct costs. The price quote shall include a breakdown of the proposed labor category, hourly labor rates, number of hours, estimated travel expenses, and any other direct costs necessary to perform the requirements of the PWS.
Quote Cover Letter. The following information shall be provided in the cover letter:
The RFQ number.
Company Information. The name, address, DUNS number, and telephone number of the Quoter.
Authorized Personnel. Provide the name, title, telephone number, facsimile number, and e-mail address of the company/division point of contact who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.
Terms of any express warranty.
"Remit to" address, if different than mailing address.
Acknowledgment of Solicitation Amendments.
Agreement with terms. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ. Quoters are to clearly detail any exceptions taken and the rationale for the exceptions taken to the RFQ. Please note that exceptions taken to the RFQ may render the quote unacceptable to the Government.
3. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the Quoter shall complete electronically). A completed copy of FAR 52.209-7. Quoters who have completed the representations and certifications in the System for Award Management (SAM) do not need to submit a separate copy.
4. Page limitations for quotes are as follows:
The quote, including the Price Quote and Technical Approach but not including the cover page, completed representations and certifications, and exceptions to the RFQ, shall not exceed 20 pages in length.
Pages beyond limits stated above will not be evaluated.
5. Questions. Questions regarding this RFQ shall be submitted in writing by e-mail to Karl Schuler (email address: karl.schuler@navy.mil) and Stefani Nick (email address: stefani.nick@navy.mil) no later than 09 January 2014.
6. Reimbursable Travel: This amount will be funded via a contract line item number on the Order resultant from this RFQ. Travel will be reimbursed in accordance with the Reimbursement of Travel Section of the Order.
7. Other Direct Costs(ODC): This amount will be funded via a contract line item number on the Order resultant from this RFQ. ODCs will be reimbursed in accordance with the Reimbursement of ODC Section of the Order.
52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)
(a) The Government will issue a single contract resulting from this solicitation to the responsible Quoter whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. Total price will include labor, travel and other direct costs. The Government will determine which quote will be the most advantageous to the Government utilizing Low Price, Technically Acceptable source selection procedures.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.
(a) Definitions. As used in this provision --
“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United
States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.
395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.
Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
Subsidiary means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.
[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this…
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