N32205-13-R-6012.doc

Section B - Supplies or Services and Prices

Dollars, U.S.

Hampton Roads, VA area

FFP

LOT A Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

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

Note: The above ceiling rates will apply to each delivery order and any pertaining 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 pertaining growth work or modifications) for which the rates were offered.

FOB: Destination

NET AMT

Dollars, U.S.

Naval Weapons Station, Earle, NJ area

FFP

Lot B Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

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

Note: The above ceiling rates will apply to each delivery order and any pertaining 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 pertaining growth work or modifications) for which the rates were offered.

NET AMT

Dollars, U.S.

FFP

LOT A Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

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

Note: The above ceiling rates will apply to each delivery order and any pertaining 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 pertaining growth work or modifications) for which the rates were offered.

NET AMT

Dollars, U.S.

FFP

LOT B Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

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

Note: The above ceiling rates will apply to each delivery order and any pertaining 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 pertaining growth work or modifications) for which the rates were offered.

NET AMT

Dollars, U.S.

FFP

LOT A Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

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

Note: The above ceiling rates will apply to each delivery order and any pertaining 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 pertaining growth work or modifications) for which the rates were offered.

NET AMT

Dollars, U.S.

FFP

LOT B Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

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

Note: The above ceiling rates will apply to each delivery order and any pertaining 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 pertaining growth work or modifications) for which the rates were offered.

NET AMT

Dollars, U.S.

FFP

LOT A Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

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

Note: The above ceiling rates will apply to each delivery order and any pertaining 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 pertaining growth work or modifications) for which the rates were offered.

NET AMT

Dollars, U.S.

FFP

LOT B Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

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

Note: The above ceiling rates will apply to each delivery order and any pertaining 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 pertaining growth work or modifications) for which the rates were offered.

NET AMT

Dollars, U.S.

FFP

LOT A Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

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

Note: The above ceiling rates will apply to each delivery order and any pertaining 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 pertaining growth work or modifications) for which the rates were offered.

NET AMT

Dollars, U.S.

FFP

LOT B Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

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

Note: The above ceiling rates will apply to each delivery order and any pertaining 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 pertaining growth work or modifications) for which the rates were offered.

NET AMT

MIN & MAX ORDER LIMITS

Locations of performance:

Offerors may submit prices for Lots A (Hampton Roads, Virginia area) and B (Naval Weapons Station, Earle, New Jersey area) or any combination thereof. Offerors are not required to submit a price for each lot.

Contract Minimum Guarantee Amount

1) The Contract Minimum Guarantee Amount is $3,000.00 per contract.

2) The Contract Minimum Guarantee Amount represents the minimum quantity of supplies and services the government shall order for the life of the contract inclusive of all option period exercised.

3) The Contract Minimum Guarantee Amount will be satisfied upon the government issuing one or more delivery orders under all contract awards as a result of this solicitation the total of which equals or exceeds the Contract Minimum Guarantee Amount.

4) In the event of multiple awards in response to this solicitation, the Contract Minimum Guarantee Amount will apply to each contract award on an individual basis. The success of each awardee competing for individual delivery orders will vary.

Contract Maximum

1) The Contract Maximum Amount is $47,463,673 across all multiple award contract holders.

2) The Contract Maximum Amount represents the cumulative total dollar value of all orders that will be issued under all contract awards inclusive of all option period exercised as a result of this solicitation.

Section C - Descriptions and Specifications

DESCRIPTION/SPECS

SECTION C

DESCRIPTION AND SPECIFICATIONS

GENERAL

1.1. Contractor is required to provide all labor, materials and a marine repair facility for ship repair on MSC vessels in the Norfolk, VA (LOT A) and/or Naval Weapons Station Earle, Leonardo, NJ (LOT B) area for a one (1) year base period starting upon award of the resulting contract with four (4) one year options, if exercised. Ship repair includes, but is not limited to, pipefitting, welding, machinists, electrical work, boiler making and repairing, and diesel mechanics, etc. 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.

2. MILITARY SEALIFT COMMAND VESSELS

2.1. The following is a list of the Military Sealft Command vessels subject to ship repair in accordance with this solicitation. This listing is subject to change (increase or decrease) as Military Sealift Command adds or removes vessels from its inventory.

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 as ordered onboard Military Sealift Command vessels.

3.2. The work will generally be performed while the vessel is berthed at a Government provided pier in the Hampton Roads, Virginia area (Examples: Naval Operating Base Norfolk, Norfolk Naval Shipyard, St. Helena Annex, Cheatham Annex, and Craney Island) or the Naval Weapons Station, Earle, New Jersey area.

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. The contract will cover general ship repair work, including but not limited, to compressor, boiler, pipe, valve, pump, motor, and insulation repairs, lagging renewal, painting, non-skid renewal, accomplish cleaning and gas freeing, accomplish ventilation system cleaning, and accomplish galley system repairs.

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

4.1.2. Boiler - Accomplish inspections, refractory repairs, tube renewals.

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

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

4.1.5. Pump - Accomplish pump overhauls including replacements of bearings, wear rings, shafts, and impellers.

4.1.6. Motor - Accomplish reconditioning or rewinding of electric motors.

4.1.7. Insulation Repairs - Accomplish renewals of pipe insulation.

4.1.8. Lagging Renewal - Accomplish renewal of bulkhead of overhead insulation.

4.1.9. Vessel maintenance painting - Prepare and coat various surfaces on ship including freeboard, house, kingposts, masts, and superstructure.

4.1.10. Accomplish non-skid renewal.

4.1.11. Accomplish cleaning and gas freeing of tanks, voids, and spaces. Provide required gas free chemist services.

4.1.12. Accomplish cleaning of ventilation systems.

4.1.13. Accomplish inspections and repairs to galley systems, including griddles, ovens, deep fat fryers, and refrigerators.

4.2. The above description of ship repair work is illustrative example of the general scope, nature, complexity and purpose of the type and range of services to be acquired under the contract and not meant to be an exhaustive list.

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.

5.3. 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. The Government will not reimburse or pay for any travel costs incurred by the Contractor in performing the contract.

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 items of the specification may require the contractor to remove insulation, lagging bulkhead materials, etc., 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 maybe canceled in accordance with clauses FAR 52.249-2, 52.249-4, or 52.249-8 incorporated by reference in section I of the contract.

10. REPORTS

10.1. A completion report will be required for each delivery order summarizing work accomplished, materials used and labor-hours expended. The report must identify Government Furnished material that was consumed and/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 Office 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 offeror shall have access to a marine repair facility within 50 miles of Naval Base Norfolk and/or Naval Weapons Station Earle, Leonardo, NJ to perform general piping repairs, diesel engine repairs, boiler repairs, electrical repairs, mechanical repairs, insulation/lagging, and vessel maintenance painting. All work shall be performed in accordance with applicable USCG and ABS Regulations and to the satisfaction of the Government Port Engineer/COR.

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 accomplish 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 or equipment fuel costs, etc., shall be included in 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:

Abrasive cleaning/blasting

Fire Watch

Welding

Machinists (inside and outside)

Burning

Brazing

Carpentry

Electrical Work

Lagging

Ship-fitting

Boiler-making

Painting

Sheet-metal Work

Pipefitting

Rigging

General Labor

Staging/scaffolding

Diesel Mechanics

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:

Testing

Quality Assurance

Planning

Cleaning (except tank Cleaning)

Material handling & Warehousing Security

Surveying

Administration

Transportation

Purchasing staff

Lofting

Other indirect support

Supervision

QA

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

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY OR PERFORMANCE

TIME OF DELIVERY AND/OR PERFORMANCE OF SERVICES

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

PLACES OF PERFORMANCE

Work will be accomplished aboard MSC vessels at Government provided piers in Hampton Roads Virginia Areas and/or NWS Earle, NJ areas 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.

DELIVERY INFORMATION

12-DEC-2014

12-DEC-2014

12-DEC-2015

12-DEC-2015

12-DEC-2016

12-DEC-2016

12-DEC-2017

12-DEC-2017

12-DEC-2018

12-DEC-2018

CLAUSES INCORPORATED BY REFERENCE

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:

Ms. Terri Buonfigli

Contract Specialist, Ship Repair and Fleet Support Division, N1046

U.S. Navy's Military Sealift Command

SP-64, 471 "C" Street

Norfolk, VA 23511

Phone: 757-443-5954

Fax: 757-443-5979 terri.buonfigli@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 resultant contract. The offeror 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

CLAUSES INCORPORATED BY REFERENCE

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(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 System for Award Management 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 may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(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. The Contractor shall use the following document type(s).

COMMERCIAL INVOICE

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

GOVERNMENT

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC

N32205

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

N62387

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(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, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

MSC PORT ENGINEER

(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.

(End of clause)

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

SPECIAL CONTRACT REQUIREMENTS

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

(a) ORDERS UNDER $3,000. Micropurchase orders under $3,000 may be placed in accordance with the terms and conditions of the contract by identification of a GCPC account number for payment purposes. GCPC may be used as a method of payment and a method of procurement. Labor rates and material markup may not exceed the contract ceilings identified in Section B.

(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 awardee for the particular location where the ship is located (e.g. Norfolk, VA or NWS Earle, NJ)

(2) Contractor delivery order proposal submissions may not exceed labor hour and markup ceilings identified in Section B.

(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.

(4) In providing awardees a fair opportunity to be considered for each order in excess of $3,000.00, the contracting officer shall exercise broad discretion and may consider the following factors in the placement of delivery orders:

(I). Past Performance

(II). Technical Acceptability

(III). Price

(IV). Other factors relevant to the placement of delivery orders

(5) Delivery orders will be competed amongst GSR IDIQ holders.

(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:

New Years Day

1 January

Martin Luther King Day

Third Monday in January

President’s Day

Third Monday in February

Memorial Day

Last Monday in May

Independence Day

4 July

Labor Day

First Monday in September

Columbus Day

Second Monday in October

Veteran’s Day

11 November

Thanksgiving Day

Fourth Thursday in November

Christmas Day

25 December

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 Performance Work Statement. 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.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the…