RFP_N32205-16-R-4601_MTW_ESLP.pdf

CODE

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until 02:00 PM local time 08 Jun 2016

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48 - 58 X H 59 - 64 michelle.r.knox@navy.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 64

(If other than Item 7)

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

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

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

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N32205 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 7 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

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

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

MICHELLE R SIEBEKING-KNOX 757-443-2902

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 12

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

13 - 14

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

17 - 19

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 20 - 23 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 24 - 31 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

32 - 40

PART II - CONTRACT CLAUSES

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-64 NAVAL STATI

NORFOLK VA 23511-2419

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

02 May 2016

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N32205-16-R-4601

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CAT "A" Work Items (WIs) (J-1)(MSC)

FFP

Category "A" Work Items (WIs) (J-1)

FFP

Prepare for and accomplish the USS MOUNT WHITNEY (LCC-20) FY ’17 ESLP Maintenance and Repair Availability.

Total Category "A" WIs $_____________

Proposed shore power 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, 7.1.19.3

Proposed unit price per crane/fork lift (QTY 50) $______ IAW WI 11, 7.9.1

Proposed unit price per parcel by weight IAW WI 015, 7.5.4:

< 10 kg ______; 10-100 kg ______; 101-350 kg ______; 351-500 kg ______; 501-1000 kg ______

Proposed unit price customs clearance IAW WI 015, 7.5.4 $______ Per Transaction. (Monthly rate in J-2)

FOB: Destination

NET AMT

AGR & ODCs (J-1)

FFP

Additional Government Requirements (AGR) and Other Direct Costs

(ODC)(J-1 & J-2)(MSC)

FFP

AGR

(113,580) man-hours @ $________ per man-hour =

ODC

Base $1,800,000.00

Proposed G&A Rate _______________% Subtotal: $_____________

Proposed Profit Rate _______________% Subtotal: $_____________

CAT “A” WIs (J-1)(700 Series)(Sponsor)

FFP

Prepare for and accomplish the Attachment J-1 700 series WIs.

RESERVED

FFP

RESERVED

FFP

OPTION Category "B" WI 023

FFP

FFP

WI 023 - HAZARDOUS WASTE DISPOSAL AT CONTRACTOR'S

FACILITY

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

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.

OPTION Category "B" WI 024

FFP

FFP

WI 024 - PHYSICAL SECURITY OF MTW VESSEL, FP BRAVO

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.

OPTION Category "B" WI 028

FFP

FFP

WI 028 - PROVIDE BERTHING VESSEL, PIER AND FP

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

OPTION Category "B" WI 029

FFP

FFP

WI 029 - FOOD SERVICE FOR US NAVY PERSONNEL

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

OPTION Category "B" WI 030

FFP

FFP

WI 030 - FOOD COST FOR US NAVY PERSONNEL

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

OPTION Category "B" WI 032

FFP

FFP

WI 032 - TEMPORARY AIR CONDITIONING FOR SPACES

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

OPTION Category "B" WI 033

FFP

FFP

WI 033 - ADDITIONAL SECURITY FOR VESSEL

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

OPTION Category "B" WI 0207

FFP

FFP

WI 0207 - NSWC INSTALLATION SUPPORT

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

OPTION Category "B" WI 0219

FFP

FFP

WI 0219 - Main Reduction Gear (MRG) INSPECTION

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

OPTION Category "B" WI 0303

FFP

FFP

WI 0303 - REPAIRS TO VARIOUS MOTORS

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

OPTION Category "B" WI 0401

FFP

FFP

WI 0401 - VESSEL CONTROL SYSTEM (VCS) UPGRADES

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

OPTION Category "B" WI 0513

FFP

FFP

WI 0513 - CHT PIPING REPLACEMENT

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

OPTION Category "B" WI 0707

FFP

FFP

WI 0707 - TC2S INSTALL

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

OPTION Category "B" WI 0802

FFP

FFP

WI 0802 - HVAC DUCTING REPLACEMENT

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

OPTION CAT "A" Work Items (WIs) (J-2)(MSC)

FFP

FFP

Prepare for and accomplish the USS MOUNT WHITNEY (LCC-20) FY ’17 Extended Service Life Program (ESLP) Pier Side Availability.

Proposed unit price for WI 010 (15 days) $______ per day IAW WI 031, 7.1

Proposed unit price for WI 011 (15 days) $______ per day IAW WI 031, 7.2

Proposed unit price for WI 012 (15 days) $______ per day IAW WI 031, 7.3

Proposed unit price for WI 013 (15 days) $______ per day IAW WI 031, 7.4

Proposed unit price for WI 016 (15 days) $______ per day IAW WI 031, 7.5

Proposed unit price for WI 019 (15 days) $______ per day IAW WI 031, 7.6

Proposed unit price for WI 020 (15 days) $______ per day IAW WI 031, 7.7

Section C - Descriptions and Specifications

C-1 GENERAL

C-1 GENERAL

1.1 This contract is for work that is part of the Extended Service Life Program for the USS MOUNT WHITNEY (LCC-20). Unless otherwise specified, all work shall be performed at the Contractor’s shipyard, which, for operational reasons, must be located in a country on the Mediterranean Sea having a Status of Forces Agreement with the United States.

1.2 The Contractor shall prepare for and complete all Category A work specified in Attachment J-1 for the price specified in CLINs 0001, 0002 and 0003. If exercised by the Contracting Officer, the Contractor shall perform all Category A work specified in Attachment J-2 (the Post Shake-down Availability (PSA)) for the price specified in CLINs 0019. If exercised by the Contracting Officer, the Contractor shall complete Category B option work specified in Attachment J-1 & J-2 for the price specified in each option CLIN. The Contractor shall complete Additional Government Requirement work, inclusive of Other Direct Costs as specified in clauses H-3 & H-4 within the time specified in Section F.2.

1.3 In performing the work specified in paragraph 1.2 above, the Contractor shall be responsible for all related work, including:

(a) Providing the management, procurement, production, testing, quality assurance, technical capability and resources necessary to prepare for and complete the repairs and alterations in accordance with the requirements stated herein, the contract work items and the additional requirement if ordered.

(b) Ensuring the timely procurement of Contractor Furnished Material/Contractor Furnished Property (CFM/CFP) and the timely receipt, storage, and installation of Government Furnished Material/Government Furnished Property (GFM/GFP) (to be provided under FAR 52.245-1, Government Property).

(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 in accordance with the Contract Data Requirements List and the Contractor's own Technical Proposal, and the Work Item 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 Contracting Officer. A performance milestone schedule and critical path chart shall be developed and submitted in accordance with the Work Item Package and Contract Data Requirements List (CDRL). 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.

**NOTE: Throughout this availability, The USS MT WHITNEY is schedule to undergo a comprehensive upgrade to various communication systems, along with the installation of some new communication systems. Systems involved will include; CANES, NMT, CBSP, DCGS-N INC 1, COMSEC Serial, KMI Spiral 2, ADNS INC III, ATIP as specified in WI’s 701-707. The actual equipment installation, configuration and testing will be accomplished by Government Furnished Alteration Installation Teams (AITs) who may range in number from 50- 100 persons. The Government will supply AIT schedules upon contract award. Contractor shall generate an integrated production schedule which shall incorporate all Government AITs to ensure completion of the aforementioned work items, during the contract period of performance, without impacting, accelerating, or causing delay or 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.

(f) Using approved quality control procedures as required by this contract and the work item 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 that ensures all communication and control of subcontractors is maintained by the contractor.

(k) Employing good judgment and sound engineering practice and principles, particularly when Work Items 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 for ships that are International Association of Classification Societies (IACS) classed.

(l) Contract work shall be performed by an eligible contractor who is 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.

C-2 CONTRACT DATA ITEMS - CLIN

2.1 The Contract Data Requirements List (CDRL), Attachment J-3, identifies those major data items required by the specifications and contract work item packages. The data items shall be prepared in accordance with the CDRL requirements specified in Attachment J-3. CDRLs submitted must be marked with the applicable sequence number.

D-1 D-1 Packaging and Marking will be in accordance with the requirements cited in the applicable items of the work package.

Section D - Packaging and Marking

WOOD PACKAGING MATERIAL (WPM)

CLAUSES INCORPORATED BY FULL TEXT

WOOD PACKAGING MATERIAL (WPM) - ADDITIONAL DELIVERY INSTRUCTIONS

In accordance with the requirements of International Standards for Phytosanitary Measures (ISPM) 15, the following commercial heat treatment process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood Packaging Material (WPM). WPM is defined as wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frames, and cleats. Packaging materials exempt from the requirements are materials that have undergone a manufacturing process such as corrugated fiberboard, plywood, particleboard, veneer and oriented strand board. All WPM shall be constructed from Heat Treated (HT to 56 degrees Centigrade for 30 minutes) lumber and certified by an accredited agency recognized by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see URL: http://www.alsc.org). All materials must include certification markings in accordance with ALSC standards and be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides and ends of the pallet and be contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved "DUNNAGE" stamp. Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry.

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 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government 0011 N/A N/A N/A Government 0012 N/A N/A N/A Government 0013 N/A N/A N/A Government 0014 N/A N/A N/A Government 0015 N/A N/A N/A Government 0016 N/A N/A N/A Government 0017 N/A N/A N/A Government 0018 N/A N/A N/A Government 0019 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

E-1 E-1 Inspection and acceptance shall be in accordance with DFARS clauses 252.217-7005, Inspection and Manner of Doing Work, 252.217-7006, Title, and 252.217-7013, Guarantees, incorporated herein by reference.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 15-DEC-2016 TO

12-JUN-2017

N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

0008 N/A N/A N/A N/A

0009 N/A N/A N/A N/A

0010 N/A N/A N/A N/A

0011 N/A N/A N/A N/A

0012 N/A N/A N/A N/A

0013 N/A N/A N/A N/A

0014 N/A N/A N/A N/A

0015 N/A N/A N/A N/A

0016 N/A N/A N/A N/A

0017 N/A N/A N/A N/A

0018 N/A N/A N/A N/A

0019 N/A N/A N/A N/A

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT

(SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $180,263.00 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

F-1 EFFECTIVE DATE OF CONTRACT

The effective date of this contract is the date of award by the Government.

F-2 SHIP AVAILABILITY PERIOD

The Contractor can expect the ship to arrive at the Contractor’s shipyard on or about 15 December 2016. All Category A and B work specified in Attachment J-1, as well as all J-1 related AGR work, shall be completed no more than 179 calendar days from the date the ship arrives at the Contractor’s shipyard. If the Contractor fails to complete the work within 179 days, the Government will be entitled to collect liquidated damages under clause FAR 52.211-11. All work under the optional PSA specified in Attachment J-2 shall be completed no less than 30 days from the availability start date specified by the Contracting Officer at the time the option is exercised. The start date shall be no more than five (5) calendar days after the end of the first 179-day availability period. If the Contractor fails to complete the work within 30 days, the Government will be entitled to collect liquidated damages under clause FAR 52.211-11, unless WI 031 extends this period. As set forth in Work Item No. 010, Furnish Offices of On-site Management Team (OMT), and Work Item No. 012, Telephone Services, the Contractor shall provide office space and telephone services starting seven (7) days prior to the ship’s arrival and shall continue to do so through the end of the availability.

F-3 PLACE OF PERFORMANCE

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

OFFEROR SHALL INSERT NAME AND LOCATION OF SHIPYARD HERE:

F-4 DELIVERY OF DATA

Place and time of delivery of data shall be specified on the DD 1423 (Contract Data Requirements List) which is an attachment to this contract, unless delivery is deferred at the Government's Option by written order of the Contracting Officer.

F-5 PLACE OF DELIVERY

Originals of all correspondence requiring signature, such as copies of invoices and monthly status reports, shall be delivered to the MSC Representative (MSCREP) at the following address:

TO BE PROVIDED AT THE TIME OF AWARD.

Deliverables may be electronically submitted to:

TO BE PROVIDED AT TIME OF AWARD.

F-6 WRITTEN DELIVERABLES

The contractor shall review, approve, and sign all draft and final documents before being delivered to the Government.

F-7 FORMAT FOR DELIVERABLES

All documentation deliverables shall be prepared using Microsoft Word, Excel, Project, CAD or Adobe Acrobat as specified in the CDRLs or as otherwise appropriate.

Section G - Contract Administration Data

G-1

ADDENDUM TO 252.232-7006

G-1 INVOICE ATTACHMENT REQUIREMENTS

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

CLIN

Contract Price Through Mod P0000X

Authorized Amount

Complete

Contract Complete d

Less Retainag e

Less Previous Payment s

Amount due this Invoice

Total Invoiced to Date

0001 $XX,XXX,XX

X.XX

0002 Option 0003 Option 0004 Option

G-2 DESIGNATION OF THE MSC REPRESENTATIVE (MSCREP)

(a) The Contracting Officer has designated the person named below as the authorized MSCREP for this contract:

NAME: Marc Bromante

PHONE: TO BE PROVIDED AT AWARD

E-MAIL: TO BE PROVIDED AT AWARD

(b) The MSCREP is a representative of the Contracting Officer and is responsible for the following:

1) Providing Technical Direction. The MSCREP does not have the authority to change the contract nor increase the effort required under the contract. The Contractor shall notify the Contracting Officer if the Contractor believes there has been direction to change the scope of work.

2) Final inspection and acceptance of all deliverables under the contract.

G-3 CONTRACTOR PERFORMANCE APPRAISAL REPORTING SYSTEM

(a) Past performance information will be collected and maintained under this contract using the Department of Defense Contractor Performance Appraisal Reporting System (CPARS). CPARS is a web-enabled application that collects and manages the contractor’s performance information on a given contract during a specific period of time.

Additional information is available at http://www.cpars.navy.mil/.

(b) The contractor will receive notification via email when a Contractor Performance Appraisal Report (CPAR) has been completed and is available for review and comment on any element of the proposed rating before that rating becomes final. Within 30 days after contract award, the contractor shall provide by e-mail to the CPARS focal point

(kevin.spillane@navy.mil) the name, title, e-mail address and telephone number of the company individual or individuals who will have the responsibility of reviewing and approving any CPAR developed under the contract. If during the life of this contract the company individual(s) are replaced, the substituted individual’s information (contractor, the name, title, e-mail address and telephone number) will be provided to the CPARS focal point within 30 days of the replacement.

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

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

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

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

COMMERCIAL INVOICE

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

GOVERNMENT

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

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC N32205 Issue By DoDAAC ____ Admin DoDAAC ____ Inspect By DoDAAC ____ Ship To Code N62387 Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(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.

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

H-1

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. These items are priced by the Contractor during solicitation and may be exercised unilaterally by the Contracting Officer, if required, in whole or in part. The Contracting Officer (KO) may exercise the options by giving the contractor written notification or via issuance of standard modification (SF 30). Those items that are deemed NOT necessary by the Government will not be exercised. 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 Contracting Officer Representative (COR) by demonstrations, completed test memoranda, or other means reasonably acceptable to the COR that all equipment, the function of which is to prevent the accidental discharge of oil, oily mixtures, or hazardous substances from the 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 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.”

(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 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 Contracting Officer Representative (COR). 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:

- Fully Burdened Labor Rate

- Proposed Labor Mix/Categories

- Proposed Man Hours

- Total Proposed AGR

(c) The proposed FBLR shall be inclusive of all General and Administrative (G&A), Profit, Supervision, and/or Support functions. 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:

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 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:

Testing Quality Assurance Planning Cleaning (except tank cleaning) Material handling & Warehousing Security Surveying Administration Transportation Purchasing staff Lofting Other indirect support Supervision

(d) 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 (e), below.

(e) 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.

(f) 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.

(g) 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 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 0005 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 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 Contracting Officer Representative (COR). 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 ACCESS TO TECHNICAL DATA

In the event the Contractor uses subcontractors other than those identified in its proposal or otherwise known to the Government that have a non-disclosure agreement (NDA) on file, the Contractor must first obtain approval from the contracting officer before any ship drawings are released to that subcontractor or its employees. All subcontractors are required to sign an NDA, Attachment J-11.

H – 9 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 KO pursuant to FAR Clause 52.233-1 Alt I - Disputes within six (6) months of the redelivery of the ship.