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Mid-Term Availability of the USNS LARAMIE
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N32205-15-R-1007
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Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

CATEGORY “A” WORK ITEMS

FFP

PREPARE FOR AND ACCOMPLISH THE MID TERM AVAILABILITY (MTA) OF USNS LARAMIE (T-AO 203)

Proposed Hazardous Waste handling fee rate in accordance with Work Item 023, _____%

Proposed unit price per KWh $ _____ in accordance with Work Item 011, 7.1.1.4

Proposed unit price per gallon of potable water $ _____ in accordance with Work Item 011, 7.1.3.2

Proposed unit price per gallon of distilled water $ _____ in accordance with Work Item 011, 7.1.4.2

Proposed unit price per crane usage $ _____ in accordance with Work Item 011, 7.9.1

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

ADDITIONAL GOVERNMENT REQUIREMENTS (AGR)

ADDITIONAL GOVERNMENT REQUIREMENTS (AGR) $_________FFP

7,500 man-hours @ $__________ per man-hour = $__________

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

OTHER DIRECT COSTS

OTHER DIRECT COST (ODC)

Base $350,000

Proposed G&A Rate __________%

Subtotal: $__________

Proposed Profit Rate _________%

Subtotal: $__________

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

ADDITONAL WORK – CAT “B” ITEM

WORK ITEM 025 – PHYSICAL SECURITY AT PRIVATE CONTRACTOR’S FACILITY IN FORCE PROTECTION CONDITIONS BRAVO – DELTA

TOTAL FOR WI 025 $__________

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

ADDITONAL WORK – CAT “B” ITEM

WORK ITEM 030 - CONTINUATION OF SERVICES

TOTAL FOR WORK ITEM 030 $__________

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

Section B - Supplies or Services and Prices

PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

CLIN 0001 – Complete Attachment J-2

CLIN 0002 – Complete Attachment J-3

CLIN 0003 - The Offeror shall indicate the fully loaded man-hour Labor rate (including profit, QA, supervision, support functions). This rate will be used in evaluating the offeror's proposal and shall be the rate for pricing changes negotiated under the "Additional Requirements" clause up to the maximum number of man-hours specified herein. The contractor agrees that the number of manhours included in its price proposal for such AGR 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 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 burdened rate 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 0004 - Other Direct Cost: The rates proposed for profit and G&A on CLIN 0004 above shall be the same rates used by the Contractor in its responses to RFPs issued under the contract. The Contracting Officer will apply these rates to the ODCs for each RFP when it is negotiated and / or settled.

The base cost does not include the profit or G&A rates. Include the final figure that results when proposed G&A and profit rates are applied to the base price in your total price for offer evaluation purposes. (This does not include any material cost for Category “A” items. The material cost for Category “A” should be included under CLIN 0001).

Section C - Descriptions and Specifications

CLAUSES INCORPORATED BY FULL TEXT

C-1

GENERAL

The Contractor shall prepare for and accomplish the voyage repairs, overhaul, or alterations of the USNS LARAMIE (T-AO 203) as specified herein and in accordance with the Work Package as provided in Attachment J-1.

1.

Eligible contractors must be capable of performing the full scope of the solicitation within their own facilities, utilizing their own shops and work force or be capable of subcontracting for these elements beyond their managerial, technical, or physical capability or capacity. Contractors must assume full responsibility for the integrated scheduling, cost, and quality of subcontractor performance.

2.

Eligible contractors must be a company recognized as engaged in ship repair work and possess an organization capable of the full scope of planning, engineering, quality control, shipboard/off ship production and component/system testing and trials. The contractor shall provide industry certifications such as, MSRA, ABR, or ISO Certifications that would further emphasize the contractor's ability to perform the work. To be determined responsible, a prospective contractor must submit acceptable evidence to demonstrate the prospective contractor's ability to accomplish the work. This will include a conclusive demonstration of having the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors) at the time of award. The contractors' proposal shall provide a documented and positive demonstration of established organizational elements as set forth below. These characteristics will be evaluated to determine a firm's eligibility for contract award: To be determined responsible, a prospective contractor must possess a Master Ship Repair Agreement (MSRA), Agreement for Boat Repair (ABR) or submit acceptable evidence in lieu of the aforementioned to effectively communicate and demonstrate the prospective contractor’s ability to obtain required resources.

This will include a conclusive demonstration of having the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors) at the time of award.

The contractors’ proposal shall provide a documented and positive demonstration of established organizational elements as set forth below. These characteristics will be evaluated to determine a firm’s eligibility for contract award:

a. Administration/Management Control. Established organization geared toward ship repair at all levels of size, value and complexity, and toward technology innovation and process improvement. Clear lines of authority. Delegation of responsibility. Mid-level managerial positions in place. Competent and experienced employees with ship repair experience. Capability to develop and integrate planning, estimating and scheduling functions. Defined managerial responsibilities for production, quality assurance, material procurement/control and subcontractor control.

b. Financial Control. Segregation of accounting costs. Adequate accounting system. Favorable cash flow-ratios. Availability of a line of credit or other source of financial income to support the work effort. Prompt payment of subcontractors and suppliers.

c. Production Control. A production organization. On board (or ability to obtain) trade mix/skills to perform ship repair work. Control of production efforts. Integration of other key functions with production. Use of scheduling techniques. Methods of progressing. Training available to trades employees.

d. Production Technical Support. Engineering and design support capabilities (in-house or subcontracted) with sufficient capability to diagnose and evaluate technical problems and issues and to make competent technical recommendations to MSC when necessary and appropriate. They shall be fully cognizant of ABS rules and USCG regulations and how they apply and impact this specification package

e. Material/Procurement Control. A material purchasing department with staff. Procedures for control of material (purchasing, monitoring, receipt, inspection, segregation, issuance, nonconformance and disposal). An inventory system – ordering, tagging warehousing. CFM/GFM storage, control and protection. Existing environmentally-controlled warehouse space. Material handling equipment. Familiarity with the Navy logistics support system.

f. Subcontractor Control. Procedures for selecting, scheduling, managing, monitoring and controlling subcontractors.

g. Quality Control/Test and Trials. A quality control organization/department/staff. Quality assurance procedures/manual. Calibration and metrology system availability. Test memo writing capability. Nondestructive Testing capabilities. Welding procedures and welders’ qualifications. Ability to perform trend analysis. Quality control system shall be certified or equivalent to ISO 9001:2001 standards

h. Safety/security. Safety Organization/Manager or Engineer. Safety manual/procedures. Safety training. First-aid capabilities or medical services. Fire protection/procedures. Physical yard security/security procedures.

i. Hazardous Material/Waste Control. Proper procedures and facilities to meet the legal requirements for removal, storage and disposal of hazardous waste. Segregated storage. Documentation of licensed subcontractors responsible for control of hazardous waste removal, storage and disposal. Appropriate state/federal agency issued hazardous waste generator number. Disposal records which indicate type of material, date and place of disposal.

j. Facilities. Although facility requirements may vary with the work authorized for a specific ship, the contractor must be a ship repair company that possesses or has available the following facilities:

· Pier, with services in place in which the CLASS size ship can access and be berthed at

· Structural Shop

· Machine Shop

· Pipe Shop

· Electrical/Electronic Shop

· Carpentry Shop

· Rigging Equipment

· Dry-dock – when required for docking of vessel in performance of the specification

4.

The government reserves the right to perform site survey for verification of policies, procedures, capabilities and facilities prior to award.

C – 2 List of Standard Work Items included for this solicitation:

SECTION 000 – GENERAL SERVICES

INTENT, SCOPE, GEN REQUIREMENTS & DEFINITIONS

NSP

TECHNICAL REPRESENTATIVES

APPROACH, BERTHING AND MOORING

TESTING AND QUALITY ASSURANCE

ELECTRICAL SAFETY PROCEDURE REQUIREMENTS

HEAVY WEATHER PLAN

COLD WEATHER PLAN

FURNISH OFFICE FOR OVERHAUL MANAGEMENT TEAM

A

GENERAL SERVICES FOR SHIP

A

TELEPHONE SERVICES

PROJECT PLAN AND MONITORING

WEIGHT MOMENT REPORT

INTEGRATED LOGISTICS SUPPORT REQUIREMENTS, GFM

A

FIRE PROTECTIN AND SHIP SAFETY PROGRAM

HANDLING SHIP’S STORES

DELIVERY AND REDELIVERY OF SHIP

SHIPBAORD ACCESS

GAS FREE CERTIFICATES

CLEAN AND GAS FREE TANKS, VOIDS AND COFFERDAMS

A

DOCK TRIALS AND SEA TRIALS

HAZARDOUS WASTE DISPOSAL

PHYSICAL SECURITYAT PRIVATE CONTRACTOR’S FACILITY

NSP

PHYSICAL SECURITYAT PRIVATE CONTRACTOR’S FACILITY

B

CONTINUATION OF SERVICES

B

SECTION 100 – HULL STRUCTURE

FLIGHT DECK PRESERVATION AND NON-SKID

WEATHER DECK LADDER REPAIRS

DECK NON-SKID RESURFACING

CARGO BALLAST PIPE REPAIRS

POTABLE WATER TANK PRESERVATION

MAIN DECK LP AIR PIPING REPLACEMENT

DECK STANCION REPLACEMENT

NDT KING POSTS (ABS)

LIFEBOAT DECK PRESERVATION AND DECK GRATING

HOUSE SUPERSTRUCTURE AND PLUMB VENT REPAIRS

SECTION 200 – MACHINERY, PROPULSION

FUEL INJECTOR OVERHAUL

OIL MIST DETECTOR CALIBRATION AND SERVICE

SECTION 300 – ELECTRICAL

THERMOGRAPHIC SURVEY OF MOTOR CONTROL CENTERS

A

PTO GENERATOR GROOM

ERS UPS REPLACEMENT

(T-ALT)

AIR BREAKER MAINTENANCE

ANNUAL GENERATOR INSPECTION

SECTION 400 – COMMUNICATION AND NAVIGATION

GMDSS RECERTIFICATION ANNUAL

NAVIGAT X GYRO SYSTEM MAINTENANCE

MAGNETIC COMPASS ANNUAL MAINTENANCE

RADAR AND ECDIS PREVENTIVE MAINTENANCE

SVDR ANNUAL RECERTIFICATION

OE-82 UHF SATCOM ANTENNA OVERHAUL

UHF SATCOM ANF TRANSCEIVER GROOM

C-10315U REMOTE SWITCHING CONTROL UNIT GROOM

GMDSS CONSOLE REPLACEMENT

SECTION 500 – MACHINERY, AUXILIARY SYSTEMS

SCBA COMPRESSOR/REFILL STATION ANNUAL SERVICING

A

AUXILIARY BOILER MAINTENANCE, INSPECTINO AND TEST

A

ATLAS INCINERATOR TROUBLESHOOT AND REPAIR

FUEL METER RECALIBRATION

OVERHAUL

SSDG #4

CARGO OIL CONTENT MONITOR CALIBRATION AND REPAIR

A

OVERHUAL #1 AND #2 CFW PUMPS

NO 2 AC COMPRESSOR OVERHAUL

WESTFALIA OILY WATER SEPERATOR SERVICE AND CALIBRATION

A

SECTION 600 – OUTFIT, FURNISHING AND HABITABILITY

ANNUAL OVERHAUL OF FIRE FIGHTING EQUIPMENT

INSPECTION OF FIRE HOSES

INSPECTION OF AFFF HOSES

SCBA EQUIPMENT ANNUAL SERVICING

STATEROOM CARPET REPLACEMENT

ANNUAL ELEVATOR SERVICE AND MANITENANCE

LIFEBOAT RECERTIFICATION

RECERTIFY LIFEBOAT WINCHES AND DAVITS

RESCUE BOAT RECERTIFICATION

RECERTIFY RESCUE BOAT WINCHES AND DAVITS

ANNUAL LIFERAFT RECERTIFICATION

SURVIVAL SUIT INSPECTION AND CERTIFICATION

SECTION 800 – HEATING, VENTILATION AND AIR CONDITIONING

GALLEY VENTILATION SYSTEM CLEANING

VENTILATION DUCT REPAIRS

06 LEVEL AIR HANDLER REPAIRS

SECTION 1000 – UNREP MACHINERY

DOUBLE PROBE SWIVEL REPAIRS

WINCH CONTROL BOOTH WINDOW AND LATCH REPLACEMENT

A

STA 8 SADDLE WINCH GEAR BOX REPAIRS

Section D - Packaging and Marking

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.

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
N/A
N/A
N/A
Government
0002
N/A
N/A
N/A
Government
0003
N/A
N/A
N/A
Government
0004
N/A
N/A
N/A
Government
0005
N/A
N/A
N/A
Government

CLAUSES INCORPORATED BY REFERENCE

252.217-7005
Inspection and Manner of Doing Work
JUL 2009
252.217-7006
Title
DEC 1991
252.217-7013
Guarantees
DEC 1991

Section F - Delivery and Performance

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
UIC
0001
POP 10-AUG-2015 TO

21-SEP-2015

N/A
N/A
0002
POP 10-AUG-2015 TO

21-SEP-2015

N/A
N/A
0003
POP 10-AUG-2015 TO

21-SEP-2015

N/A
N/A
0004
POP 10-AUG-2015 TO

21-SEP-2015

N/A
N/A
0005
POP 10-AUG-2015 TO

21-SEP-2015

N/A
N/A

CLAUSES INCORPORATED BY REFERENCE

52.242-15
Stop-Work Order
AUG 1989
52.242-17
Government Delay Of Work
APR 1984
252.217-7009
Default
DEC 1991

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 10 August 2015. All work shall be completed in no more than 42 calendar days from actual start date designated by the Government at time of contract award.

Section G - Contract Administration data

CLAUSES INCORPORATED BY REFERENCE

252.232-7006
Wide Area WorkFlow Payment Instructions
MAY 2013
CLIN #
Contract Price Through Mod P0000x
% Complete
Contract Completed ($)
Less Retainage ($)
Less Prev Payments ($)
Amount due this Invoice ($)
Total Invoiced to Date ($)
004
Option
005
Option

Note: The authorized amount as it relates to Category “A” Work Items (CLIN 0001) shall be the Contract award price, unless modified. The authorized amount as it relates to Additional Requirements (CLINs 0002 and 0003) and Category “B” Work Items (CLINs 0004 through 0005) shall be the total amount authorized by TDLs. .

Military Sealift Command

Administering Contracting Officer

Military Sealift Command

Ship Yard Representative

Port Engineer

Section H - Special Contract 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 Price Breakdown. The Contracting Officer may exercise the options by giving the Contractor written notification or via standard modification (SF30). Delivery of option items shall be within the performance period identified in Section F unless the parties otherwise agree.

CLAUSES INCORPORATED BY FULL TEXT

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 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 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.

CLAUSES INCORPORATED BY FULL TEXT

H-3 ADDITIONAL REQUIREMENTS (applicable to CLINs 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 of Category “B” CLINs exercised, during the contract period of performance, without impacting, accelerating, causing delay, disruption to the work required by the aforementioned work items to any other Government contract, or to any other work in progress for the Government.

(b) The contractor warrants and hereby certifies that its price for the firm-fixed 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. Exercise of the Additional Requirements will be for the purpose of providing funding. In the event the Government requires additional work, authorization to proceed shall be made only by the Contracting Officer 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 serial 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 Requirements pursuant to this clause, the contractor shall submit a price proposal for such work. This proposal shall be submitted within 3-days of the receipt of the Government's request for a proposal or within such additional time provided in writing by the Contracting Officer. The contractor's failure to submit its proposal within the 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 Requirements, and will permit the Contracting Officer to take any of the three options set forth in subparagraph (c) below. Additional Requirements shall be priced using the rates set forth in Section B, CLINs 0002 and 0003. These rates will be used in evaluating the contractor's proposal and will also be used for negotiating changes as required by this clause.

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

(1) Have the work performed by the Government;

(2) Issue a unilateral modification; or

(3) Cancel the requirement.

(e) The contractor knowingly and voluntarily waives all claims against the Gover nment and/or 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 Requirements at the 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 Requirements 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 Requirements, as well as compensation for acceleration, delay, disruption, and other impact, if any, to the aforementioned work items, 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) Additional Requirements does not include work performed pursuant to the clause of this Contract entitled "Inspection of and Manner of doing work," "Guarantees," or other contract provisions relating to the corrections of defects.

CLAUSES INCORPORATED BY FULL TEXT

H-4

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 Navy personnel (civilian or military) without the prior approval of the contracting officer. Such approval may be given only in circumstances where it is clear that no laws and no DOD or Navy instructions, regulations, or policies are contravened and no appearance of a conflict of interest will result.

H-5

ASBESTOS REMOVAL REQUIREMENTS

(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 Contracting Officer 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 Naval 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 in accordance with the OSHA Reference Method (Appendix A of 29 CFR 1910.1001), with the following additional specifications:

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

(2) 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.

(3) 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.

(4) 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-6

SUBCONTRACTOR SUBSTITUTION

Post-award substitution of any major subcontractor should not be effected unless the proposed substitution is submitted to the Contracting Officer and official approval is obtained. 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 Contracting Officer.

H-7

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 in accordance with 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 Contracting Officer 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 Contracting officer 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 Contracting Officer. All proposed substitutes must have qualifications equal to or higher than the qualifications of the person to be replaced. The Contracting Officer or their authorized representative will evaluate such requests and promptly notify the Contractor of the approval or disapproval thereof.

H – 8

WAIVER OF CLAIMS

All requests for equitable adjustment to the contract price and any other claims whatsoever for monies due under this contract must be submitted to the Contracting officer 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 – 9

UTILIZATION OF TRAVEL AND PERDIEM 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 Contracting Officer approval to proceed will a contractor, technical representative, or subcontractor be reimbursed for reasonable per diem costs (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, Joint Travel Regulations, or Standardized Regulations as set forth in FAR 31.205-46.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1
Definitions
NOV 2013
52.203-3
Gratuities
APR 1984
52.203-6
Restrictions On Subcontractor Sales To The Government
SEP 2006
52.203-6 Alt I
Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I
OCT 1995
52.203-12
Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.204-1
Approval of Contract
DEC 1989
52.204-4
Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7
System for Award Management
JUL 2013
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
JUL 2013
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
52.209-7
Information Regarding Responsibility Matters
JUL 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
52.215-20
Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data
OCT 2010
52.215-21
Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.219-6
Notice Of Total Small Business Set-Aside
NOV 2011
52.219-8
Utilization of Small Business Concerns
OCT 2014
52.219-9 Alt II
Small Business Subcontracting Plan (OCT 2014) Alternate II
OCT 2001
52.219-14
Limitations On Subcontracting
NOV 2011
52.219-16
Liquidated Damages-Subcontracting Plan
JAN 1999
52.219-28
Post-Award Small Business Program Rerepresentation
JUL 2013
52.222-1
Notice To The Government Of Labor Disputes
FEB 1997
52.222-21
Prohibition Of Segregated Facilities
FEB 1999
52.222-26
Equal Opportunity
MAR 2007
52.222-37
Employment Reports on Veterans
JUL 2014
52.222-40
Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-50
Combating Trafficking in Persons
MAR 2015
52.222-54
Employment Eligibility Verification
AUG 2013
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
52.225-25
Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
DEC 2012
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
52.232-8
Discounts For Prompt Payment
FEB 2002
52.232-9
Limitation On Withholding Of Payments
APR 1984
52.232-11
Extras
APR 1984
52.232-18
Availability Of Funds
APR 1984
52.232-23 Alt I
Assignment of Claims (May 2014) - Alternate I
APR 1984
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
52.242-4
Certification of Final Indirect Costs
JAN 1997
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
52.245-9
Use And Charges
APR 2012
52.247-34
F.O.B. Destination
NOV 1991
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
52.252-6
Authorized Deviations In Clauses
APR 1984
252.201-7000
Contracting Officer's Representative
DEC 1991
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
252.203-7005
Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.203-7998 (Dev)
Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation. (DEVIATION 2015-O0010)
FEB 2015
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7004 Alt A
System for Award Management Alternate A
FEB 2014
252.205-7000
Provision Of Information To Cooperative Agreement Holders
DEC 1991
252.211-7007
Reporting of Government-Furnished Property
AUG 2012
252.215-7008
Only One Offer
OCT 2013
252.217-7003
Changes
DEC 1991
252.217-7004
Job Orders and Compensation
MAY 2006
252.217-7005
Inspection and Manner of Doing Work
JUL 2009
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
252.217-7014
Discharge of Liens
DEC 1991
252.217-7015
Safety and Health
DEC 1991
252.217-7016
Plant Protection
DEC 1991
252.219-7003
Small Business Subcontracting Plan (DOD Contracts)
OCT 2014
252.222-7007
Representation Regarding Combating Trafficking in Persons
JAN 2015
252.223-7002
Safety Precautions For Ammunition And Explosives
MAY 1994
252.223-7008
Prohibition of Hexavalent Chromium
JUN 2013
252.225-7001
Buy American And Balance Of Payments Program-- Basic (Nov 2014)
NOV 2014
252.225-7002
Qualifying Country Sources As Subcontractors
DEC 2012
252.225-7004
Report of Intended Performance Outside the United States and Canada--Submission after Award
OCT 2010
252.225-7012
Preference For Certain Domestic Commodities
FEB 2013
252.225-7013
Duty-Free Entry--Basic (Nov 2014)
NOV 2014
252.225-7015
Restriction on Acquisition of Hand Or Measuring Tools
JUN 2005
252.225-7031
Secondary Arab Boycott Of Israel
JUN 2005
252.225-7037
Evaluation of Offers for Air Circuit Breakers
JUN 2005
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
252.227-7016
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
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7006
Wide Area WorkFlow Payment Instructions
MAY 2013
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
252.245-7002
Reporting Loss of Government Property
APR 2012
252.245-7003
Contractor Property Management System Administration
APR 2012
252.245-7004
Reporting, Reutilization, and Disposal
MAY 2013
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

52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

(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). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) 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.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from http://www.dodig.mil

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5,000,000, except when the subcontract--

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

(2) Is performed entirely outside the United States.

(End of clause)

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)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil http://www.acquistion.gov.far/ (End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil http://www.acquistion.gov.far/ (End of clause)

252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013)

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

Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

Attribution information means information that identifies the Contractor, whether directly or indirectly, by the grouping of information that can be traced back to the Contractor (e.g., program description or facility locations).

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Contractor information system means an information system belonging to, or operated by or for, the Contractor.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information is to be marked with one of the distribution statements B-through-F, in accordance with DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Cyber incident means actions taken through the use of computer networks that result in an actual or…

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