N32205-16-R-4313.docx

N32205-16-R-4313

Section B - Supplies or Services and Prices

USNS CARL BRASHEAR ROH/DD CAT A FUNDING

FFP

Category "A" Work Items (WIs)

FFP

Prepare for and accomplish the Regular Overhaul/Dry-docking (ROH & DD) of the USN CARL BRASHEAR (T-AKE 7) Total Category "A" WIs $_____________

Proposed unit price per KWh $_____ in accordance with (IAW) WI 011, 7.1.1.4

Proposed unit price per gallon of potable water $______ IAW WI 011, 7.1.3.2

Proposed unit price per gallon of distilled water $______ IAW WI 011, 7.1.4.2

Proposed unit price per gallon of bilge water removal $______ IAW WI 011, 7.1.18.7

Proposed unit price per crane usage $______ IAW WI 11, 7.9.1

Proposed Hazardous Waste handling fee rate IAW WI 023, 7.4.1 ______%

FOB: Destination

PURCHASE REQUEST NUMBER: N231976200ROH1

NET AMT

AGR & ODC ITEMS

Additional Government Requirements (AGR) and Other Direct Costs (ODC)

FFP

AGR

(11,789) man-hours @ $________ per man-hour = $_____________

ODC

Base $_650,000.00_

Proposed G&A Rate _______________% Subtotal: $_____________

Proposed Profit Rate _______________% Subtotal: $_____________

NET AMT

FFP

Category "B" WI 025

FFP

WI 025 - Physical Security at Private Contractor's Facility in Force Protection Conditions (FPCON) Bravo - Delta

The Contracting Officer (KO) will notify the contractor in writing when Category B WIs are required to be accomplished as part of this contract. Those WIs that are deemed NOT necessary by the Government will not be exercised.

NET AMT

FFP

Category "B" WI 030

FFP

WI 030 - Continuation of Services

The KO will notify the contractor in writing when Category B WIs are required to be accomplished as part of this contract. Those WIs that are deemed NOT necessary by the Government will not be exercised.

NET AMT

FFP

Category "B" WI 912

FFP

WI 912 - Dry Docking and Undocking Vessel-Additional Days

The KO will notify the contractor in writing when Category B WIs are required to be accomplished as part of this contract. Those WIs that are deemed NOT necessary by the Government will not be exercised.

PURCHASE REQUEST NUMBER: N231976200ROH1-0001

NET AMT

USNS CARL BRASHEAR, ENCON FUNDING

ENERGY CONSERVATION CAT "A" WI’s

FFP

WI 303 - Cargo Hold Light Switch Install WI 304 - Shipyard Support Work Item HVAC WI 305 - Shipyard Support Work Item Chillers WI 306 - LED Install M711 Fixtures

PURCHASE REQUEST NUMBER: N231976200ROH2

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

TOTAL PROPOSED PRICE

TOTAL PROPOSED PRICE FOR CLINS 0001 THROUGH 0006 $______________

The contractor shall fill-in the total proposed price, above, by calculating the summation of each CLIN Amount.

PART I - THE SCHEDULE

The contractor shall follow the instructions stated below when completing Section B:

CLIN 0001 & CLIN 0006– The contractor shall complete CLIN 0001 & CLIN 0006 NET AMT, each of the fill-in items stated in the extended description, and complete Attachment J-2 – Category “A” Wis.

CLIN 0002: Indicate the Fully-Burdended Labor Rate (FBLR) (e.g., General and Administrative (G&A), Profit, Supervision, and/or support functions) and the ODC Profit and G&A rate. These rates will be used in evaluating the contractor’s proposal and shall be the rate for pricing changes negotiated under the H-3 Clause – AGR and H-4 Clause ODC, up to the maximum number of man-hours and ODC base specified herein. The contractor agrees that the number of man-hours included in its proposed price for such AGR shall include only direct production man-hours. For these purposes, direct production man-hours are for skilled labor at the Journeyman level expended in direct production as exemplified by the following functions:

Direct production man-hours 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 offeror's FLBR for direct production man-hours. Examples of support functions include:

The rates proposed for profit and G&A on CLIN 0002 above shall be the same rates used by the contractor in its responses to the Request For Proposal (RFP)s issued under this contract. The KO will apply these rates to the ODCs for each RFP when it is negotiated and settled.

The base cost does not include the profit or G&A rates. Include the final figure that results when proposed profit and G&A rates are applied to the base price of the contractor’s total price for evaluation purposes.

NOTE: This does not include any material cost for Category “A” WIs. The material cost for Category “A” WIs should be included under CLIN 0001 & CLIN 0006).

CLINs 0003 through 0005 – The offeror shall complete CLIN 0003 through 0005 NET AMT, each of the fill-in items, and complete Attachment J-3 – Category “B” WIs.

Section C - Descriptions and Specifications

C-1 GENERAL

1. The Contractor shall prepare for and accomplish the voyage repairs, overhaul, or alterations of the USNS CARL BRASHEAR (T-AKE 7) as specified herein and IAW the Work Item (WI) package as provided in Attachment J-1 – WI Package (Specifications). Unless otherwise specified, all work shall be performed at the contractor’s shipyard.

2. In performing the WIs specified, the contractor shall be responsible for all of the following related work (in case of a discrepancy, the terms and conditions stated in the WIs take precedence over the following terms and conditions):

(a) Providing the necessary management, procurement, production, testing, technical capability and resources, and quality assurance services.

(b) Ensuring the timely procurement of Contractor-Furnished Material/Contractor-Furnished Property (CFM/CFP) and the timely reporting, receipt, storage, installation, and accountability of Government-Furnished Material/Government-Furnished Property (GFM/GFP) (IAW FAR Clause 52.245-1 and DFARs Clauses 252.211-7007, 252.245-7001, 252.245-7002, 252.245-7003, and 252.245-7004).

(c) Using progress measurement systems to determine the physical progress of completed work for each of the elements in the scheduling plan, including material and manpower control, engineering, production, tests and trials IAW the Contract Data Requirements List (CDRL) and the contractor's own Technical Proposal, and the WI package. The progressing system shall permit a direct comparison of the physical progress of completed work to the planned performance measurement baseline for each of the elements in the scheduling plan.

(d) Using management procedures and systems to identify behind schedule conditions and unfavorable schedule variance based on the Time Phased Sequencing Network (TPSN) submitted with the contractor’s proposal. The applied procedures and systems shall provide timely identification of scheduling problem areas to permit prompt management action to correct unsatisfactory conditions.

(e) Developing a performance milestone schedule/critical path chart to measure scheduled performance. Deviations from the milestone schedule/critical path chart dates in WI 013 must be submitted to and approved by the KO. A performance milestone schedule and critical path chart shall be developed and submitted in accordance with the WI Package. The performance milestone schedule shall include and clearly identify primary and parallel critical paths. The resource loaded performance milestone schedule shall include, at a minimum, those milestones identified in WI 013.

(f) Using approved quality control procedures as required by this contract and the WI package to ensure procured material and performed production work conforms to the required quality standards.

(g) Ensuring the ship's equipment and systems remain configured to existing baselines with regard to procured material, production work, and software.

(h) Applying stringent configuration control procedures to ensure that configuration baselines are maintained for procured material and production work.

(i) Providing for staging and storing of material (both Government-furnished and contractor-furnished) and Long Lead Time Material (LLTM) for use in the availabilities from the date of award.

(j) Managing all subcontractors performance during the availability. Ensure subcontractor work is to the same quality and standards as expected from the prime contractor. Develop and maintain a subcontractor management plan. The plan shall ensure that all communication and control of subcontractors is maintained by the prime contractor.

(k) Employing good judgment and sound engineering practice and principles, particularly when WIs do not describe all details of accomplishing the work. The contractor shall be expected to have, either organically or through subcontractors, access to competent engineers who have a history of working solutions in a maritime environment.

3. Contract work shall be performed by an eligible contractor as defined below.

(a) The contractor shall be capable of performing the full scope of the requirement stated herein within its own facilities, utilizing its own shop(s) and work force, or be capable of subcontracting for these elements beyond its managerial, technical, or physical capability or capacity. The contractor shall assume full responsibility for the integrated scheduling, cost, and quality of subcontractor performance.

(b) The contractor shall 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, Master Ship Repair Agreement (MSRA), Agreement for Boat Repair (ABR), or International Organization for Standardization (ISO) Certification that would further emphasize the contractor's ability to perform the work. To be determined responsible, the contractor shall 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/or 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 an MSRA, 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

(c) 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:

Work Items

SECTION 000 GENERAL REQUIREMENTS

NOT SEPERATELY PRICED (NSP) REQUIREMENTS

CATEGORY “A” WORK ITEMS

NOT SEPERATELY PRICED (NSP) REQUIREMENTS

024 Physical Security at Private Contractor’s Facility NSP

CATEGORY “B” WORK ITEMS

SECTION 100 HULL STRUCTURE

CATEGORY “A” WORK ITEMS

SECTION 200 PROPULSION MACHINERY

SECTION 300 ELECTRICAL

SECTION 400 COMMUNICATIONS AND NAVIGATION

SECTION 500 AUXILIARY MACHINERY SYSTEMS

SECTION 600 OUTFIT, FURNISHINGS and HABITABILITY

SECTION 800 HEATING, VENTILATION AND AIR CONDITIONING

SECTION 900 DRYDOCKING AND UNDOCKING

CATEGORY “B” WORK ITEMS

912 Dry Docking and Undocking Vessel B

SECTION 1000 UNREP GEAR

Section D - Packaging and Marking

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:

CLAUSES INCORPORATED BY REFERENCE

Section F - Delivery and Performance

DELIVERY INFORMATION

16-FEB-2017

16-FEB-2017

16-FEB-2017

16-FEB-2017

16-FEB-2017

16-FEB-2017

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 $142,499.00 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 05 January 2017. 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.

F-2 PLACE OF PERFORMANCE

The place of performance for this contract shall be the contractor’s facility

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

(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.

ADDENDUM TO 252.232-7006

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

Military Sealift Command

Administering Contracting Officer

Military Sealift Command

Ship Yard Representative

Port Engineer

(End of instructions)

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

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

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

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

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

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

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

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

(End of instructions)

Section H - Special Contract Requirements

SECTION H CLAUSES

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 issuance of 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 (Title 33 U.S.C. 1251 et seq), and the Oil Pollution Act of 1990, as amended (Title 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 prescribed clause is intended to implement that policy with respect to the ship(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 Administrative Contracting Officer (ACO) by demonstrations, completed test memoranda, or other means reasonably acceptable to the ACO that all equipment, the function of which is to prevent the accidental discharge of oil, oily mixtures, or hazardous substances from the ship, that the contractor shall be required by the specifications to install, are fully operable.

(d) Reports. The contractor shall, as soon as it has knowledge of any discharge of oil, oily substance, or hazardous substance from the ship, immediately notify the ACO thereof and shall immediately take all reasonable steps to prevent further discharge. Within 24-hours thereafter, the contractor shall file with the ACO the "Oil or Hazardous Substance Discharge Report.”

(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 GOVERNMENT REQUIREMENTS CONTRACT LINE ITEM NUMBER (CLIN 0002)

(a) The Government may utilize CLIN 0002 for and not limited to, man-hours generated from a discrepancy found between WIs and the current conditions or a needed repair found during the open and inspect phase of the WI. This work may consist of supplemental, emergent, or new work. AGR does not include work performed pursuant to DFARS Clause 252.217-7005 - Inspection and Manner of Doing Work, 252.217-7013 - Guarantees, or other contract clauses relating to the correction of defects. The contractor agrees that CLIN 0002 AGR man-hours, if ordered, shall be performed concurrently with CLIN 0001, CLIN 0006 and any or all Category “B” WIs exercised, during the contract’s performance period, 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. Work under this CLIN may coincide with ODC, and therefore will be performed concurrently with H-4 (ODC).

(b) As a result of a discrepancy found between the work item and the current conditions or a needed repair found during the open and inspect phase of the work item, the contractor may submit a Condition Found Report (CFR) to the Administrative Contracting Officer (ACO) and the Principle Port Engineer (PPE). As a result of this report submission, the ACO may request a proposal from the contractor. Whenever the Government orders AGR 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 the three (3) days period, or such extended period of time, may be considered a failure of the parties to negotiate a fair and reasonable price for the AGR and will permit the KO to take any of the three options set forth in subparagraph (d) below. AGR proposals shall be priced using the Fully-Burdened Labor Rate (FBLR) set forth in Section B, CLIN 0002. The rate established in CLIN 0002 will be used in evaluating the contractor's proposal and will also be used for negotiating changes as required by this clause. As part of the contractor’s proposal submission for AGR, the following shall be included:

(c) Considering FBLRs have been pre-approved in CLIN 0002, proposal evaluation may be limited to: (1) evaluating the mix of labor categories and associated man-hours to ensure that they are reasonable to meet the Government’s minimum requirements in addressing these discrepancies or repairs found; and (2) as a result of the mix of labor categories and man-hours, the subsequent AGR price is fair and reasonable IAW FAR 15.404-1(b) – Price analysis for commercial and non-commercial items. In the event that a fair and reasonable price cannot be negotiated, the KO reserves the right to procure these ODCs utilizing alternative means described in subparagraph (d), below.

(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:

(1) Have the work performed by the Government;

(2) Issue a unilateral modification

(3) Cancel the requirement.

(e) The contractor knowingly and voluntarily waives all claims against the Government 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 AGR at the contractor's facility. Furthermore, in cases described in sub-paragraphs (d)(1) and (2) above, the contractor waives any right to claims of interference under the DFARS Clause 252.217-7011 - Access to Vessels.

(f) The contractor warrants and hereby certifies that its price for the firm fixed portion of this contract (CLIN 0001 & CLIN 0006) does not include any amount for the "Additional Government Requirements" (CLIN 0002). Settlement of “Additional Government Requirements” (CLIN 0002) 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 KO. The Contractor is to perform and invoice against CLIN 0002 ONLY for work that has been AUTHORIZED through a settled RFP and incorporated into the contract through a contract modification. All funding remaining on CLINs 0001 through 0006 at contract completion shall be de-obligated.

H – 4 OTHER DIRECT COSTS (CLIN 0002)

(a) The Government may utilize CLIN 0002 for and not limited to, material and equipment, generated from a discrepancy found between WIs and the current conditions or a needed repair found during the open and inspect phase of the WI. This work may consist of supplemental, emergent, or new work. ODC does not include work performed pursuant to DFARS Clause 252.217-7005 - Inspection and Manner of Doing Work, 252.217-7013 - Guarantees, or other contract clauses relating to the correction of defects. The contractor agrees that CLIN 0002 ODC, if ordered, shall be performed concurrently with CLIN 0001, CLIN 0006 and any or all Category “B” WIs exercised, during the contract’s performance period, 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. Work under this CLIN may coincide with AGR, and therefore will be performed concurrently with H-3 (AGR).

(b) As a result of a discrepancy found between the work item and the current conditions or a needed repair found during the open and inspect phase of the work item, the contractor may submit a Condition Found Report (CFR) to the Administrative Contracting Officer (ACO) and the Principle Port Engineer (PPE). As a result of this report submission, the ACO may request a proposal from the contractor. Whenever the Government orders ODC 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 the three (3) days period, or such extended period of time, may be considered a failure of the parties to negotiate a fair and reasonable price for the ODC and will permit the KO to take any of the three options set forth in subparagraph (d) below. As part of the contractor’s proposal submission for Other Direct Costs (ODCs), the following shall be included:

Material -Part number -Order quantity -Unit Price -Total Price

Equipment

- Part number

- Order quantity

- Unit price

- Total price

Other Direct Costs not captured above

- Travel

- Per Diem (lodging, M&IE daily rates)

- Subcontractor Proposal Breakdown shall include but not limited to, Material (Part number, Order Quantity, Unit Price, and Total Price), equipment (Part Number, Order Quantity, Unit Price, and Total Price), labor (Fully Burdened Labor Rate, Proposed Labor Mix/Categories, and Proposed Manhours), and ODC (Travel and Per Diem)

- Etc.

The General and Administration (G&A) and Profit rates proposed shall be the same as the rates provided under CLIN 0002 in the contract.

(c) Considering, G&A and Profit rates have been pre-approved in CLIN 0002, proposal evaluation may be limited to: (1) evaluating the mix of ODCs proposed to ensure that they are reasonable to meet the Government’s minimum requirements in addressing these discrepancies or repairs found; and (2) the costs of the ODCs are fair and reasonable IAW FAR 15.404-1(b) – Price analysis for commercial and non-commercial items. In the event that a fair and reasonable price cannot be negotiated, the KO reserves the right to procure these ODCs utilizing alternative means described in subparagraph (d), below.

(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:

(1) Have the work performed by the Government;

(2) Issue a unilateral modification

(3) Cancel the requirement.

(e) The contractor knowingly and voluntarily waives all claims against the Government 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 ODC at the contractor's facility. Furthermore, in cases described in sub-paragraphs (d)(1) and (2) above, the contractor waives any right to claims of interference under the DFARS Clause 252.217-7011 - Access to Vessels.

(f) 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 "Other Direct Costs" (CLIN 0002). Settlement of “Other Direct Costs” (CLIN 0002) 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 KO. The Contractor is to perform and invoice against CLIN 0002 ONLY for work that has been AUTHORIZED through a settled RFP and incorporated into the contract through a contract modification. All funding remaining on CLINs 0001 through 0005 at contract completion shall be de-obligated.

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 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-6 ASBESTOS REMOVAL REQUIREMENTS

(a) During the performance of this contract the contractor and 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 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-7 SUBCONTRACTOR SUBSTITUTION

Post-award substitution of any major subcontractor should not be effected unless the proposed substitution is submitted to the KO 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 KO.

H-8 SUBSTITUTION OF KEY PERSONNEL

(a) General Clause. 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.