Solicitation _15-R-10005 _USNS_Guadalupe_(ROH-DD) _30_Jan_15.pdf

CODE

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PAGE(S)

until 02:00 PM local time 02 Mar 2015

X

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F 31 - 37

38 - 46

X H 47 - 54

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA

FAR (48 CFR) 53.214(c)

1 54

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N32205 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 4 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

Building SP-64 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 6

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

7 - 11

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

14 - 15 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 16 - 18 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 19 - 22 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

23 - 29

PART II - CO NTRACT CLAUSES

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP64

NAVAL STATION NORFOLK

NORFOLK VA 23511-2419

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

30 Jan 2015

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N32205-15-R-1005

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each Category "A" Work Items (WIs)

FFP

Prepare for and Accomplish the Regular Overhaul and Drydocking (ROH-

DD) of the USNS Guadalupe (T-AO 200)

Proposed Hazardous Waste handling fee rate in accordance with (IAW) WI 023, _____%.

Proposed unit price per kilowatt-hour (kWh) $ _____ IAW WI 011, Para

7.1.1.4.

Proposed unit price per gallon of potable water $ _____ IAW WI 011, Para

7.1.3.2.

Proposed unit price per gallon of distilled water $ _____ IAW WI 011, Para

7.1.4.2.

Proposed unit price per crane usage $ _____ IAW WI 011, Para 7.9.1.

Period of Performance: 8 June – 1 August 2015

FOB: Destination

NET AMT

0002 Each Additional Government Requirement (AGR)

FFP

AGR $__________Firm-Fixed-Price

10,000 man-hours @ $__________ per man-hour = $__________

0003 Each Other Direct Cost (ODC)

FFP

ODC

Base: $500,000

Proposed G&A Rate: __________%

Subtotal: $__________

Proposed Profit Rate: __________%

Subtotal: $__________

0004 Each OPTION Category "B" WI 025

FFP

WI 025 – Physical Security at Private contractor’s facility in Force

Protection Conditions (FPCON) Bravo, Charlie, and Delta.

Total for WI 025: $__________

0005 Each OPTION Category "B" WI 030

FFP

CLIN 0005 Category “B” WI 030

WI 030 – Continuation of Services

Total for WI 030: $__________

0006 Each OPTION Category "B" WI 105

WI 105 – Structural Steel Repairs

Total for WI 105: $__________

0007 Each OPTION Category "B" WI 914

WI 914 – Zinc Anode Replacement

Total for WI 914: $__________

0008 Each OPTION Category "B" WI 915

WI 915 – Docking & Undocking Vessel

Total for WI 915: $__________

ADDITIONAL CLIN INFORMATION

CLIN 0001 – Complete Attachment J-2

CLIN 0002 - The contractor shall indicate the Fully-Burdened Labor Rate (FBLR) (e.g., General and Administrative

(G&A), Profit, Supervision, and/or support functions). This rate will be used in evaluating the contractor’s proposal and shall be the rate for pricing changes negotiated under the CLIN 0002 up to the maximum number of manhours specified herein. The contractor agrees that the number of manhours included in its price proposal for such

Additional Requirement shall include only direct production manhours. For these purposes, direct production manhours are for skilled labor at the Journeyman level expended in direct production as exemplified by the following functions:

Abrasive cleaning/blasting Tank cleaning Welding Machinists (inside and outside)

Burning Brazing

Carpentry Electrical Work

Electronic Work Shipfitting

Lagging Painting

Boilermaking Pipefitting

Sheetmetal Work Engineering

Rigging Staging/scaffolding

General Labor Fire Watch

Direct production manhours will not include those functions (whether charged directly or indirectly by the

Contractor's accounting system) which are herein defined as support for production functions. Necessary support functions shall be considered to be included in the contractor's FBLR for direct production manhours. Examples of support functions include:

Testing Quality Assurance

Planning Cleaning (except tank cleaning)

Material handling & Warehousing Security

Surveying Administration

Transportation Purchasing staff

Lofting Other indirect support

Supervision

CLIN 0003 - Other Direct Cost (ODC): The rates proposed for G&A and Profit on CLIN 0003 above shall be the same rates used by the contractor in its responses to Request for Proposals (RFPs) issued under this contract. The

Contracting Officer (KO) will apply these rates to the ODCs for each RFP negotiated and settled.

The Base cost does not include the G&A or Profit rates. Include the final figure that results when the proposed

G&A and Profit rates are applied to the Base price of the contractor’s total proposed price for evaluation purposes.

NOTE: This does not include any material cost for Category “A” Work Items (WIs). The material cost for

Category “A” WIs shall be included under CLIN 0001.

CLINs 0004 – 0008 Category “B” WI: Shall be priced IAW WI specified and priced in Attachment J-3.

Section C - Descriptions and Specifications

STANDARD WORK ITEMS (WIS)

C-1 GENERAL

The contractor shall prepare for and accomplish the voyage repair, overhaul, or alterations of the United States Navy

Ship (USNS) Guadalupe (T-AO 200) as stated herein and in accordance (IAW) the Work Item (WI) package as provided in Attachment J-1.

C-2 STANDARD WIs

FY 2015

Regular Overhaul and Drydocking (ROH-DD)

USNS GUADALUPE (T-AO 200)

WORK ITEM TITLE CATEGORY

000 GENERAL REQUIREMENTS

001 Intent, Scope, General Conditions and Definitions NSP

002 Technical and Manufacture’s Representatives NSP

003 Approach, Berth, and Mooring Requirements NSP

004 Testing and Quality Assurance NSP

005 Electrical Safety Procedure Requirements NSP

006 Heavy Weather Plan NSP

007 Cold Weather Plan NSP

010 Furnish Office for Overhaul Management Team (OMT) A

011 Furnish General Services (T-AO) A

012 Telephone Services A

013 Project Planning and Production Status Monitoring Reports A

014 Preparation of Weight and Moment Report A

015 Integrated Logistics and GFM Support Requirements A

016 Fire Protection and Ship’s Safety Program A

017 Handling Ship’s Stores A

018 Delivery and Redelivery of the Vessel A

019 Shipboard Access and Security A

020 Gas Free Certificates A

021 Clean and Gas Free Tanks, Voids, Cofferdams, and Spaces A

022 Dock and Sea Trials A

023 Hazardous Waste Disposal at a Contractor’s Facility A

024 Physical Security at Private Contractor’s Facility NSP

025 Physical Security at Private Contractor’s Facility in Force

Protection Condition Bravo-Delta

B

030 Continuation of Services B

100 HULL STRUCTURE

101 Non-Destructive Testing (NDT) Kingpost Areas (ABS & USCG) A

102 AFFF Sprinkler Piping Replacement A

103 Tank Vent Pipe Replacement A

104 Ultrasonic Thickness Gauging A

105 Structural Steel Repairs B

106 Tank Close-Up Survey A

107 House Preservation A

108 Forward and AFT Mast Preservation A

109 Forward and Expansion Joint Repair A

110 Preservation of Cargo Potable Water Tank (2-102-4) 2-102-4 A

111 Expansion Joint Steel Replacement and Preservation A

200 MACHINERY, PROPULSION

201 Starboard Main Engine Clutch & Coupling Overhaul New Springs A

202 Port & Starboard Main Engine Barring Gear A

203 Engine Room Console (ERC) UPS Replacement T-ALT 0894 A

300 ELECTRICAL

301 Main, Emergency & 120 V Switchboard Cleaning A

302 Overhaul Circuit Breakers A

303 Group Control Centers & Motor Controller: Cleaning &

Inspection

A

304 Various Motors Overhaul A

305 Annual PTO Controls Groom A

400 COMMUNICATION AND NAVIGATION EQUIPMENT

401 GMDSS Recertification Annual (USCG & ABS) A

402 SDVR Recertification Annual (USCG & ABS) A

403 Radar ECDIS Maintenance Annual A

404 Magnetic Compass Annual A

405 NAVIGAT X Gyro System Preventative Maintenance A

406 GMDSS Console Replacement with A3 Certified Equipment &

Second INMARSAT C (ABS)

A

407 AN/APX 123(V)1 IFF Cable Replacement A

500 MACHINERY, AUXILIARY SYSTEMS

501 No. 3 SSDG 50,000 Hour Maintenance & Overhaul A

502 No. 4 SSDG 60,000 Hour Maintenance & Overhaul A

503 Starboard Clutch Coupling Overhaul A

504 Various Pumps Overhaul A

505 Reserved

506 Reserved

507 No. 1 & No. 2 Distilling Plant Overhaul A

508 No. 1 & No. 2 Distilling Plant Educator Pumps Overhaul A

509 No. 1 & No. 4 Main Engine Lube Oil Pumps Overhaul A

510 Reserved

511 No. 1 Auxiliary Boiler Repair & Test A

512 Reserved

513 No. 1 & No. 2 Quincy Low Pressure Air Compressors Replace A

514 No. 3 & No. 4 SSDG Governors Overhaul A

515 Deck Drain Pipe Replacement A

516 Salt Water CIRC Pump Discharge & Suction Valve Repair A

517 Install Fuel Sensors in Fuel Oil Service Systems (ABS) A

600 OUTFIT, FURNISHING AND HABITABILITY

601 State Room Carpet & Title Replacement A

602 Remove & Replace Terrazzo A

603 Sand & Seal Terrazzo Annual A

604 Joiner Bulkhead Panel Replacement A

605 Tile Replacement A

606 Reserved

607 Annual Inspection SCBA Equipment (ABS) A

608 Annual SCBA Compressor Servicing A

609 Port Rescue Boat Davit Annual Service (ABS) A

610 Starboard Rescue Boat Winches & Davits Annual Inspection A

611 Lifeboat Davits & Winches Annual Service (ABS) A

612 Annual Life Raft Recertification (USCG) A

613 Lifeboat Repair & Maintenance A

614 Firefighting Annual Inspection A

615 Reserved

616 Personnel Elevator Recertification A

617 Accommodation Ladder Visual Inspection A

800 HEATING, VENTILATION & AIR CONDITIONING

801 Galley & Scullery Supply & Exhaust Vent Duct Cleaning A

802 Cleaning Ventilation Systems A

900 DRY DOCKING

901 Drydocking & Undocking Vessel A

902 Underwater Hull Preservation A

903 Freeboard Preservation Spot A

904 Sea Valve Maintenance A

905 Anchor & Chain Preservation A

906 Cathodic Protection System A

907 Rudder, Skeg, Bilge Keel Examination & Preservation A

908 Reserved

909 Propeller System Maintenance & Hub Replacement A

910 Stern Tube Seal Maintenance A

911 Spur Line & Net Cutter Inspection A

912 Reserved

913 Marine Growth Inhibitor Anode Replacement A

914 Zinc Anodes Replacement B

915 Docking & Undocking Vessel B

1000 UNREP EQUIPMENT

1001 Refurbish Highline/Spanwire Winch Anti-Slack Device (ASD)

Assemblies

A

1002 Hauling Winch Main Motor & Control Circuit MCT Cabling

Penetration Renewal

A

1003 Topping Winch Repair & Test A

1004 RAM Tensioner Accumulator Piston Seal Replacement A

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

WOOD PACKAGING MATERIAL (WPM) - ADDITIONAL DELIVERY INSTRUCTIONS

In accordance with the requirements of International Standards for Phytosanitary Measures (ISPM) 15, the following commercial heat treatment process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood Packaging Material (WPM). WPM is defined as wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frames, and cleats. Packaging materials exempt from the requirements are materials that have undergone a manufacturing process such as corrugated fiberboard, plywood, particleboard, veneer and oriented strand board. All WPM shall be constructed from Heat Treated (HT to 56 degrees Centigrade for 30 minutes) lumber and certified by an accredited agency recognized by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see

URL: http://www.alsc.org). All materials must include certification markings in accordance with ALSC standards and be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides and ends of the pallet and be contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved "DUNNAGE" stamp. Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry.

http://www.alsc.org/

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Destination Government

0002 Origin Government Destination Government

0003 Origin Government Destination Government

0004 Origin Government Destination Government

0005 Origin Government Destination Government

0006 Origin Government Destination Government

0007 Origin Government Destination Government

0008 Origin Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

252.217-7005 Inspection and Manner of Doing Work JUL 2009

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 08-JUN-2015 TO

01-AUG-2015

N/A N/A

0002 POP 08-JUN-2015 TO

0003 POP 08-JUN-2015 TO

0004 POP 08-JUN-2015 TO

0005 POP 08-JUN-2015 TO

0006 POP 08-JUN-2015 TO

0007 POP 08-JUN-2015 TO

0008 POP 08-JUN-2015 TO

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

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 of $124,454.00 per calendar day of delay.

(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)

F-1 SHIP AVAILABILITY PERIOD

It is anticipated that ship will arrive at contractor’s yard on or about 8 June 2015. All work shall be completed in no more than 55 calendar days from actual start date designated by the Government at time of contract award.

Section G - Contract Administration Data

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).

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 N21856

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC ____

Accept at Other DoDAAC ____

LPO DoDAAC ____ DCAA Auditor DoDAA ____

Other DoDAAC(s) ____

(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.

Not applicable.

(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.

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

CLIN # Contract

Price

Through

Mod

P0000X

Complete

Contract

Completed

Less

Retainage

Less Prev

Payments

Amount due this

Invoice ($)

Total

Invoiced to

Date ($)

0001 Option

0002 Option

0003 Option

0004 Option

0005 Option

0006 Option

0007 Option

0008 Option mailto:MSCHQ_WAWF@navy.mil

Note: The authorized amount as it relates to Category “A” WIs (CLIN 0001) shall be the contract award price, unless modified. The authorized amount as it relates to Additional Requirements (e.g., CLINs 0002 and 0003) and

Category “B” WIs (CLIN 0004 through 0008) shall be the total amount authorized by the TDLs.

Ship Yard Representative

Military Sealift Command

Administrative Contracting Officer

Military Sealift Command

Principal Port Engineer

MSC SPECIFIC

WAWF

MSC SPECIFIC WAWF Instructions SEP 2013

Section H - Special Contract Requirements

SECTION H SPECIAL REQUIREMENTS

H-1. OPTION FOR INCREASED QUANTITIES

The Government may require the delivery of the numbered line items identified in Section B as option items in any amount up to the unit quantities and at the unit prices stated in the contractor’s Price Breakdown. The

Contracting Officer (KO) may exercise the options by giving the contractor written notification or via standard modification (SF 30). Delivery of option items shall be within the performance period identified in Section F unless the parties otherwise agree.

H-2. 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 (DON) 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

Contracting Officer Representative (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 COR 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" set out in the DD Form 1423 herein.

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

H-3. ADDITIONAL REQUIREMENTS (applicable to Contract Line Item Number (CLIN) 0002 and 0003)

(a) The contractor agrees that Additional Requirements (CLINs 0002 and 0003), if ordered, shall be performed concurrently with CLIN 0001 and any or all Category “B” CLINs exercised, during the contract period of performance, without impacting, accelerating, or causing delay or disruption to the work required by the aforementioned work items (WIs), to any other Government contract, or to any other work in progress for the Government.

(b) The contractor warrants and hereby certifies that its prices for the fixed-price portion of this contract (CLIN

0001) does not include any amount for the Additional Requirements. The exercise of the Additional

Requirements in whole or in part will not constitute an order for additional work, nor shall it obligate the

Government to order additional work or obligate the contractor to perform any additional work. In the event the Government requires additional work, authorization to proceed shall be made only by the KO through a written Technical Direction Letter (TDL). A TDL may authorize individual or multiple

Additional Requirements. Upon receipt of a TDL, the contractor may proceed with the work authorized therein, provided sufficient funding remains on each applicable CLIN. Each TDL shall contain, at a minimum, a serical number for reference purposes, the work to be performed, the agreed price, the applicable CLIN, the amount that may be invoiced to each CLIN, and the total authorized value for all issued TDLs. The contractor is to perform and invoice against CLINs 0002 and 0003 only for work that has been authorized in a TDL. All funding remaining on CLINs 0002 and 0003 at contract completion shall be de-obligated.

(c) Whenever the Government orders Additional Requirement pursuant to this Clause, the contractor shall submit a price proposal for such work. This proposal shall be submitted within three (3) days of the receipt of the Government's request for a proposal, or within such additional time provided in writing by the KO.

The contractor's failure to submit its proposal within three (3) days, or such extended period of time, may be considered a failure of the parties to negotiate a fair and reasonable price for the Additional Requirement and will permit the KO to take any of the three (3) options set forth in sub paragraph (d) below. Additional Requirements shall be priced using the fully loaded rate set forth in Section B, CLINs 0002 and 0003.

These rates will be used in evaluating the contractor's proposal and also will be used for negotiating changes as required by this Clause.

(d) Upon receipt of the contractor's price proposal for the AGR the contractor and the KO shall negotiate the scope of the effort. If a fair and reasonable price cannot be negotiated between the contractor and the KO, the KO reserves the right to:

i. Have the work performed by the Government;

ii. Issue a unilateral modification

iii. Cancel the requirement.

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

(f) The contractor agrees that its manhour rate for the Additional Requirement includes the complete and full compensation to which it is entitled, including, but not limited to, compensation for all the direct labor costs, (e.g., straight time, overtime, premium time, shift differential, holiday time, standby time, etc.) for performing the Additional Requirement, as well as compensation for acceleration, delay and disruption and other impact, if any, to the aforementioned WIs, to work performed under any other Government contract and to any work in progress for the Government. The contractor further agrees that it is not entitled to a time extension to the delivery date of any ship under a Government contract by reason of or as a result of the ordering of CLINs 0002 and 0003.

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

H-4. EXECUTION OF CATEGORY “B” WORK ITEMS

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

(b) The KO will notify the contractor in writing prior to the completion of the associated Statement of Work

(SOW) WI when a Category “B” WI is required as part of this contract.

H-5. EMPLOYMENT OF NAVY PERSONNEL RESTRICTED

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

H-6. ASBESTOS REMOVAL REQUIREMENT

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

(b) The contractor shall comply with the precautions required in 29 CFR 1910.1001, 29 CFR 1926.58 and 40

CFR Part 61 and all other applicable federal, State, and local restrictions. The contractor shall forward a copy of all required notices, licenses, and permits to the KO immediately upon issuance or receipt.

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

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

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

(f) In all respects, the performance of air sampling and analysis shall be performed IAW the OSHA Reference

Method (Appendix A of 29 CFR 1910.1001), with the following additional specifications:

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

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

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

Industrial Hygiene.

iv. Laboratory analysis of samples shall be performed by a participant in the American Industrial

Hygiene Association (AIHA) Proficiency in Analytical Testing (PAT) Program rated proficient for asbestos and air.

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

CFR 1926.58 (as amended).

(h) The contractor agrees to indemnify MSC for any fines assessed by federal, State, or local agencies, for the contractor's failure to properly follow applicable regulations.

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

H-7. SUBCONTRACTOR SUBSTITUTION

Post-award substitution of any major subcontractor should not be effected unless the proposed substitution is submitted and approve by the KO. The post-award substitution or insertion of a second-tier subcontractor will be treated in the same manner as the substitution of a major subcontractor and will require specific approval by the KO.

H-8. SUBSTITUTION OF KEY PERSONNEL

(a) General Provision. The contractor agrees to assign to this contract those persons identified as key personnel whose resumes were submitted with the proposal and who are necessary to fulfill the requirements of this contract. No substitution of key personnel shall be made except IAW this Clause.

(b) Guidance on Substitutions. During the first thirty (30) days of the contract performance period no personnel substitutions by the contractor will be made unless substitutions are necessitated by an individual’s sudden illness, death, or termination of employment. In any of these events, the contractor shall promptly notify the KO and provide the information required by paragraph (c) below. After the initial thirty (30) day period, all proposed substitutions must be submitted, in writing, at least seven (7) days in advance of the proposed substitutions) to the KO and provide information required by paragraph (c) below.

(c) Request for Substitution. All requests for substitution must provide a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information as requested by the KO. All proposed substitutes must have qualifications equal to or higher than the qualifications of the person to be replaced. The KO will evaluate such requests and promptly notify the contractor of the approval or disapproval thereof.

H-9. WAIVER OF CLAIMS

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

H-10. UTILIZATION OF TRAVEL AND PER DIEM IN CONDUCTING CHANGE ORDERS

The contractor shall demonstrate due diligence in the assessment, evaluation, and determination resulting in the proposed utilization of other than local specialized labor resources.

Only with KO approval to proceed will a contractor, technical representative, or subcontractor be reimbursed for reasonable per diem costs (e.g., transportation, travel expenses, lodging, meals, and incidental expenses) required in connection with the associated change order. Per Diem costs are considered reasonable, allowable, and reimbursable only to the extent that they do not exceed the allowed per diem rate in effect at the time of travel as set forth in the Federal Travel Regulations (FTR), Joint Travel Regulations (JTR), or Standardized

Regulations as set forth in FAR 31.205-46.

Section I - Contract Clauses

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010

52.204-1 Approval of Contract DEC 1989

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-13 System for Award Management Maintenance JUL 2013

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

AUG 2013

52.210-1 Market Research APR 2011

52.211-5 Material Requirements AUG 2000

52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010

52.215-14 Integrity of Unit Prices OCT 2010

52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.219-9 Alt III Small Business Subcontracting Plan (OCT 2014) Alternate III OCT 2014

52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999

52.222-1 Notice To The Government Of Labor Disputes FEB 1997

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

MAY 2014

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-35 Equal Opportunity for Veterans JUL 2014

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans JUL 2014

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-8 Duty-Free Entry OCT 2010

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-3 Patent Indemnity APR 1984

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-9 Limitation On Withholding Of Payments APR 1984

52.232-11 Extras APR 1984

52.232-17 Interest MAY 2014

52.232-18 Availability Of Funds APR 1984

52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-2 Production Progress Reports APR 1991

52.242-13 Bankruptcy JUL 1995

52.243-7 Notification Of Changes APR 1984

52.244-2 Subcontracts OCT 2010

52.245-1 Alt I Government Property (Apr 2012) Alternate I APR 2012 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003

52.248-1 Value Engineering OCT 2010

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2014

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.217-7003 Changes DEC 1991

252.217-7004 Job Orders and Compensation MAY 2006

252.217-7006 Title DEC 1991

252.217-7007 Payments DEC 1991

252.217-7008 Bonds DEC 1991 252.217-7009 Default DEC 1991

252.217-7010 Performance JUL 2009

252.217-7011 Access to Vessel DEC 1991

252.217-7012 Liability and Insurance AUG 2003

252.217-7013 Guarantees DEC 1991

252.217-7014 Discharge of Liens DEC 1991

252.217-7015 Safety and Health DEC 1991

252.217-7016 Plant Protection DEC 1991

252.223-7002 Safety Precautions For Ammunition And Explosives MAY 1994 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award

OCT 2010

252.225-7009 Restriction on Acquisition of Certain Articles Containing

Specialty Metals

OCT 2014

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.225-7038 Restriction on Acquisition of Air Circuit Breakers JUN 2005

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7016 Rights in Bid or Proposal Information JAN 2011

252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988

252.227-7030 Technical Data--Withholding Of Payment MAR 2000

252.231-7000 Supplemental Cost Principles DEC 1991

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.246-7000 Material Inspection And Receiving Report MAR 2008 252.246-7003 Notification of Potential Safety Issues JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2014)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs

(d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the

Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

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://acquisition.gov/far http://www.acq.osd.mil/dpap/dars/dfarspgi/current

252.203-7004 Display of Fraud Hotline Poster(s) (DEC 2012)

(a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s).

(1) The Contractor shall display prominently in common work areas within business segments performing work in the United States under Department of Defense (DoD) contracts DoD hotline posters prepared by the DoD Office of the Inspector General. DoD hotline posters may be obtained via the Internet at http://www.dodig.mil/HOTLINE/hotline_posters.htm.

(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds, the DHS fraud hotline poster shall be displayed in addition to the DoD fraud hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from:

Department of Defense Office of Inspector General

Investigative Policy and Oversight

Contractor Disclosure Program

4800 Mark Center Drive, Suite 11H25 Alexandria, VA 22350-1500

Toll Free Telephone: 866-429-8011

(3) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that exceed $5 million except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

http://www.dodig.mil/HOTLINE/hotline_posters.htm

252.217-7028 OVER AND ABOVE WORK. (DEC 1991)

(a) "Definitions."

As used in this clause --

(1) "Over and above work" means work discovered during the course of performing overhaul, maintenance, and repair efforts that is --

(i) Within the general scope of the contract;

(ii) Not covered by the line item(s) for the basic work under the contract; and

(iii) Necessary in order to satisfactorily complete the contract.

(2) "Work request" means a document prepared by the Contractor which describes over and above work being proposed.

(b) The Contractor and Administrative Contracting Officer shall mutually agree to procedures for Government administration and Contractor performance of over and above work requests. If the parties cannot agree upon the procedures, the Administrative Contracting Officer has the unilateral right to direct the over and above work procedures to be followed. These procedures shall, as a minimum, cover --

(1) The format, content, and submission of work requests by the Contractor. Work requests shall contain data on the type of discrepancy disclosed, the specific location of the discrepancy, and the estimated labor hours and material required to correct the discrepancy. Data shall be sufficient to satisfy contract requirements and obtain the authorization of the Contracting Officer to perform the proposed work;

(2) Government review, verification, and authorization of the work; and

(3) Proposal pricing, submission, negotiation, and definitization.

(c) Upon discovery of the need for over and above work,…