N32205-16-R-4603-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this Amendment is to:

1) Extend the soliciation closing date to 1 February 2017.

2) Revise the SOW in Section C to include paragraph 11.2

3) Revise the Minimum Guarantee to $3,500.00

4) Add H-14 under Special Contract Requirements

5) Revise Clause 52.216-1

6) Revise Instruction to Offerors

7) Revise Evaluation Factors for Aw ard Section

1. CONTRACT ID CODE PAGE OF PAGES

J 1 27

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 23-Aug-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N32205-16-R-4603

X 9B. DATED (SEE ITEM 11)

26-Jul-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

22-Aug-2016

CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-64 NAVAL STATION N

NORFOLK VA 23511

N32205 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N32205-16-R-4603

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The standard size code 1,000 has been added.

The required response date/time has changed from 31-Aug-2016 05:00 PM to 01-Feb-2017 05:00 PM.

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been modified:

MINIMUM GUARANTEE

Contract Minimum Guarantee Amount

1) The Contract Minimum Guarantee Amount is $3,500.00 per contract.

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

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

Minimum Guarantee Amount.

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

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

STATEMENT OF WORK

1.0 GENERAL

1.1 Contractor is required to provide all labor, subcontractors, materials, supervision, management, and a marine repair facility for general ship repair services on US Navy and Military Sealift Command

(MSC) ships in Guam, for a one year base period and four one year options, if exercised.

1.2 This contract may also support continuous maintenance requirements for the two Submarine Tenders

(AS 39 & 40) located in Guam. AS Class ship repair services will tend to have a longer Period of

Performance (PoP), with a mixture of simple and complex work requirements, and will require greater management support to ensure that requirements are properly scheduled, resourced and completed.

The decision to solicit Tender availabilities through this IDIQ will be decided by the Government and is no guarantee that this vehicle will be used to solicit this work.

2.0 LOCATION

2.1 Contractor is required to perform the work as ordered onboard US Navy and MSC ships. The work will generally be performed at Government piers on Naval Base Guam. Work under this contract may also take place at contractor’s facility.

3.0 SHIP REPAIR SERVICES

3.1 Ship repair services include but are not limited to: pipefitting; welding by ABS and USCG qualified welders for steel, copper-nickel, aluminum and other materials; steel and aluminum structural and pipe repairs and NDT (VT, PT and MP); inside and outside machinist work; electrical work; boiler making and repair; valve repair; electric motor repair; diesel mechanic work; painting under the guidance of

NACE certified inspectors; joiner and deck coverings work; insulation and lagging work; rigging, including off-ship crane support; NDT; tank cleaning; staging and scaffolding; carpentry; and other ship repair services; shipboard crane certification testing, crane lift plans development, submittal and approval by Naval Base Guam Port Operations; pier access and laydown plan development and submittal for approval by Naval Base Guam Port Operations. The contractor may be required to subcontract with specialized and/or authorized service providers in accordance with individual

Delivery Order (DO) requirements. The contractor may be required to procure parts and materials in accordance with individual DO requirements.

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

3.1.2 Main Propulsion or Auxiliary Boilers & Incinerators-Accomplish inspections, refractory repairs, tube renewals, casing repairs, ABS certified weld repairs.

3.1.3 Pipe - Accomplish pipe renewals, including carbon steel, CuNi, aluminum and composite for various systems.

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

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

3.1.6 Motor - Accomplish reconditioning or rewinding of electric motors for fans and equipment.

3.1.7 Insulation Repairs - Accomplish renewals of pipe insulation.

3.1.8 Lagging Renewal - Accomplish renewal of equipment lagging blankets, bulkhead and overhead insulation.

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

3.1.10 Accomplish non-skid renewal including flight deck non-skid. Flight deck non-skid application shall meet all NAVAIR requirements for installation.

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

3.1.12 Shoreside mobile crane services to move equipment and materials onboard and off the ship.

3.1.13 Rigging services to remove and reinstall large equipment components.

3.1.14 Staging and scaffolding services to provide safe access to various shipboard locations without a normal means of access.

3.1.15 Accomplish cleaning of ventilation systems.

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

3.1.17 Structural repairs: Provide materials and accomplish repairs with ABS approved welders.

3.1.18 Air Conditioning and Refrigeration – accomplish equipment maintenance and repair requirements using skilled personnel familiar with the equipment and holding EPA certification for refrigerant handling and recovery.

3.1.19 Accomplish ventilation ducting fabrication and installation.

3.1.20 Ship’s cranes-Provide OEM parts and service, accomplish repairs and weight tests

3.1.21 Fixed Firefighting systems and SCBA compressor Annual recertification and DOT approved facility for hydrostatic test and refill of gas cylinders. Contractor shall have arrangements in place to utilize services of on-island or off-island USCG approved subcontractor.

3.1.22 Main Propulsion and Electrical Generator (Steam turbines, diesel engines and Emergency

Diesel Engines)-Provide OEM parts, service and support.

3.1.23 Underwater hull and propeller inspection and cleaning: Provide ABS approved diving companies to temporarily install cofferdams, to accomplish U/W hull and propeller inspections, to clean seachest inlets, areas of U/W hull and propellers.

3.1.24 RHIB & Lifeboats and Davits: Provide OEM parts, service and support.

3.1.25 Navigation Systems: Provide OEM parts, service and support.

3.1.26 Anchor Windlass and Steering hydraulic systems: Provide OEM parts, service and support.

3.1.27 Ordnance Handling Equipment: Provide NAVSEA certified OHE handling facility and trained personnel to inspect, repair, test and certify OHE, or having arrangements in place to use on-island or off-island certified OHE subcontractor.

3.1.28 Redline drawings: Provide redline drawings of “as installed” installations.

3.2 Contractor is required to have access to a marine repair facility for required shop repairs and testing.

3.3 All work shall be done in accordance with United States Coast Guard (USCG), American Bureau of

Shipping (ABS), MARPOL and SOLAS regulations, rules and requirements for MSC Ships and

NAVSEA requirements for U.S. Navy ships (as applicable), and shall be to the satisfaction of the local

USCG Inspectors and ABS Surveyors and MSC or U.S. Navy Ships Port Engineer or technical representative (as applicable). All work shall be accomplished in accordance with local and federal

OSHA and EPA rules, as well as Naval Base Guam safety and environmental regulations and shipboard Safety Management System requirements. Additional standards and requirements shall be provided in DO statements of work, and shall be to the satisfaction of the MSC COR.

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

4.0 PIER ENTRY, SECURITY AND PERMITS

4.1 Contractor must arrange for access to the vessel for all work for all employees and subcontractors. See

Section G of this contract for specific shipboard access requirements.

4.2 Permits for hotwork, use of cranes or other heavy equipment, pier laydown areas or any other requirements associated with accomplishing the statement of work must be obtained by the Contractor from the cognizant Government or commercial pier POCs.

4.3 Naval Base Guam security clearance, including EPIC, Rapidgate credentials and individual base access for all contract personnel is the responsibility of the Contractor. Likewise, commercial pier security and access credentials are the responsibility of the Contractor.

4.4 The Contractor shall have an established process to screen all employees against local, national and international criminal and terrorist databases. Upon award of this contract, the Contractor shall submit a list of vetted employees that the Contractor vouches for, and that will be assigned to work on US

Government ships. The Contractor shall submit the list of employees, along with a means to positively identify each employee, to the COR and the ship's POC no later than 2 days before the beginning of the

PoP. This listing must be sent electronically on Company letterhead from the Contractor to the COR, with copy to the ship. Hand carried submittals will not be accepted.

4.5 Work required on shipboard communications and navigation equipment, and/or any work performed on the ship's bridge or radio room, requires a more in depth security screening and vetting process. The

Contractor shall fill out the attached form with employee names, nationality and identification numbers for all employees or subcontractors intended to work on communications or navigation equipment, and/or anywhere on the ship's bridge or radio room. The form must be filled out and submitted to the

COR, and emailed to both of these addresses (MSC.NORFOLK.EPIC@NAVY.MIL and

MSC.SSUSD.EPIC@NAVY.MIL) no later than 2 days after award of the contract. Within 4 days of submittal, Contractor personnel will be screened against US and INTERPOL databases. Contractor will be notified if any employees are NOT granted access to the ship. During the screening process, any work in the subject areas will require ship's force escorts.

5.0 WORK HOURS

5.1 Chargeable work time will commence when contractor personnel arrive at the repair location (i.e.

onboard ship, in respective shop), and will cease when contractor personnel depart from the ship or shop. Transit time to/from the performance location, including delays for base/pier access, is the responsibility of the contractor and will not be considered to be a reasonable cause in delay of performance.

5.2 The contractor shall be available by telephone 24 hours per day/7 days per week for emergencies. In emergency situations, the contractor may start work immediately upon verbal authorization from the Contracting Officer.

5.3 Ordinarily, work will commence in accordance with the DO. Any exceptions to be authorized by the

Contracting Officer only.

5.4 Work is to be planned and organized by the contractor as efficiently as possible. Once a job has commenced, any contractor caused delays which result in work stoppage shall be at the expense of the contractor.

5.5 Contractor personnel are expected to work a continuous 8-hour day straight-time. No overtime will be allowed except as authorized by the Contracting Officer under a DO.

5.6 Definitions:

5.6.1 Standard/Straight Time: Normal work of 8-hours/day, 5 days/week, Monday through

Friday.

5.6.2 Overtime: Hours in excess of 40 hours over a 7-day work week.

5.6.3 Premium Time: Work performed on federal holidays as specified at www.opm.gov.

6.0 TRAVEL

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

6.2 The Government will reimburse travel costs and per diem for technical representatives or specialized subcontractors not located in Guam that are required by specific DOs. These costs should be detailed in proposals for negotiation and approval.

7.0 HAZARDOUS MATERIALS

7.1 All new materials shall be asbestos-free. If material which contains asbestos is inadvertently specified on a Contract Guidance Drawing, Parts List or other part of a DO Statement of Work, it is the

Contractor’s responsibility to alert the COR and Contracting Officer of the situation, and to research and recommend equivalent non-asbestos products.

7.2 Safety Controls on Asbestos Materials. Certain items of the DO Statement of Work may require the contractor to remove insulation, lagging, bulkhead or deck materials which may contain asbestos.

Asbestos materials should be handled and disposed of in accordance with H-3 and all applicable

Federal, US Navy, State and local regulations.

8.0 WORK ORDER CANCELLATION

8.1 Work orders may be cancelled in accordance with clauses FAR 52.249-2, 52.249-4 or 52.249-8 incorporated by reference in section I of the contract.

9.0 REPORTS

9.1 A report (in Microsoft Word or Adobe pdf format) of work accomplished, materials used and man-hours expended is to be submitted with each invoice.

9.2 Condition reports, as-found and as-released measurement reports, tech rep reports and other requirements shall be provided to the Port Engineer and the Contracting Officer as specified in DO

Statements of Work.

9.3 All reports shall be submitted to the Port Engineer and the Contracting Officer electronically.

10.0 SUPERVISION

10.1 Project planning, scoping, management and supervision, quality assurance and other administrative requirements are to be included in the contractor’s man-hour rate.

11.0 REPAIR FACILITY

11.1 The contractor shall have access to a marine repair facility to perform repairs and testing to machinery and equipment or components required to be moved off-ship to accomplish requirements. The facility may also serve as a pre-fabrication shop for piping, foundations, etc. Work performed off-ship in support of a DO Statement of Work at the contractor’s repair facility is subject to inspection and acceptance by ABS Surveyors, USCG Inspectors, MSC Safety Personnel and the Port Engineer.

Government employees and technical representatives shall have access to Contractor’s and

Subcontractor’s repair facility.

11.2 The Government will not provide a government furnished facility under this contract.

12.0 REQUIRED STANDARD OF WORKMANSHIP

12.1 The contractor is required to abide by all MSC General Technical Requirements (GTRs), and meet all

ABS and USCG and NAVSEA requirements for work accomplished under this contract. In addition, specific requirements may be specified in individual DO statements of work.

12.2 Contractor is responsible to insure that only qualified personnel are used to accomplish maintenance and repair requirements.

13.0 PRIOR WRITTEN PERMISSION REQUIRED FOR SUBCONTRACTS

13.1 Contractor shall explicitly state the intent to use a subcontractor in their proposals for DO RFPs, including a description of which parts of the DO statement of work the subcontractor will be used for and shall only do so as approved by the Contracting Officer.

14.0 COST OF MATERIALS

14.1 Material costs for items required under the DO statement of work shall be listed separately in the proposal, and the contractor shall include supporting documents such as vendor quotes, catalog cut-sheets, etc. to substantiate that cost.

14.2 Costs for consumable materials such as office supplies, paper, rags, vehicles, equipment fuel costs, etc.

shall be included in the contractor’s overhead cost and shall not be separately priced.

14.3 Material Mark-Up Rate: The material mark-up rates applies to materials to be provided as part of the repair. The mark-up will be applied to the actual cost of the material. Actual cost does not include handling charges, general and administrative cost, overhead, profit or any other indirect cost.

15.0 SHIP REPAIR LABOR RATE

15.1 The Contractor’s fully burdened man-hour rate will be used to negotiate work to be performed under each DO, and includes DO modifications. The contractor agrees that the number of man-hours included in its price proposal for each DO shall include only direct production man-hours. For these purposes, direct production man-hours are for skilled labor at the journeyman level expended in direct production as exemplified by the following functions:

Abrasive cleaning & blasting Fire Watch

Welding Machinists (inside and outside services)

Burning Brazing

Carpentry Electrical Work

Lagging Ship-Fitting

Boiler-Making Painting

Sheet-Metal Work Pipefitting

Rigging General Labor

Staging/Scaffolding Diesel Mechanics

15.2 Direct production man-hours will include those functions (whether charged directly or indirectly by the

Contractor’s accounting system) which are herein defined as support for production functions.

Necessary support functions shall be considered to be included in the contractor’s fully burdened rate for direct production man-hours. Examples of support functions include:

Testing Quality Assurance

Planning Cleaning (except tank cleaning)

Material Handling & Warehousing Security

Surveying Administration

Transportation Purchasing Staff

Lofting Other Indirect Support

Supervision

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

SECTION F - DELIVERIES OR PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

POP 01-NOV-2016 TO

31-OCT-2017

N/A N/A

FOB: Destination

To:

POP 01-JUN-2017 TO

31-MAY-2018

The following Delivery Schedule item for CLIN 0002 has been changed from:

POP 01-NOV-2016 TO

31-OCT-2017

POP 01-JUN-2017 TO

31-MAY-2018

The following Delivery Schedule item for CLIN 1001 has been changed from:

POP 01-NOV-2017 TO

31-OCT-2018

POP 01-JUN-2018 TO

31-MAY-2019

The following Delivery Schedule item for CLIN 1002 has been changed from:

POP 01-NOV-2017 TO

31-OCT-2018

POP 01-JUN-2018 TO

31-MAY-2019

The following Delivery Schedule item for CLIN 2001 has been changed from:

POP 01-NOV-2018 TO

31-OCT-2019

POP 01-JUN-2019 TO

31-MAY-2020

The following Delivery Schedule item for CLIN 2002 has been changed from:

POP 01-NOV-2018 TO

31-OCT-2019

POP 01-JUN-2019 TO

31-MAY-2020

The following Delivery Schedule item for CLIN 3001 has been changed from:

POP 01-NOV-2019 TO

31-OCT-2020

POP 01-JUN-2020 TO

31-MAY-2021

The following Delivery Schedule item for CLIN 3002 has been changed from:

POP 01-NOV-2019 TO

01-OCT-2020

POP 01-JUN-2020 TO

31-MAY-2021

The following Delivery Schedule item for CLIN 4001 has been changed from:

POP 01-NOV-2020 TO

31-OCT-2021

POP 01-JUN-2021 TO

31-MAY-2022

The following Delivery Schedule item for CLIN 4002 has been changed from:

POP 01-NOV-2020 TO

31-OCT-2021

POP 01-JUN-2021 TO

31-MAY-2022

SECTION G - CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION

G-1 POINT OF CONTACT

For information regarding this document please contact:

Mr. Mike Rossik

Contracting Officer, Ship Repair Division, N104C

U.S. Navy's Military Sealift Command

SP-64, 471 "C" Street Norfolk, VA 23511

Phone: 757-443-5873 michael.rossik@navy.mil

G-2 DELIVERY ORDER POINT OF CONTACT

Contractor shall provide a single point of contact (POC) and alternate for all delivery orders issued under the resultant contract. The offeror shall provide the name, mailing address, telephone number, facsimile number and e-mail address for the POC and POC alternate. The POC shall be available to the Contracting Officer or his/her designated representative on a 24-hour emergency basis.

G-3 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

The contractor’s past performance information will be accessed electronically by using the Contractor

Performance Assessment Reporting System (CPARS). CPARS assesses a contractor’s performance and provides a record, both positive and negative, during a specific period of time. An interim report and a final evaluation of the contractor’s performance are required for all contracts in excess of $500,000.00, and shall be completed by the

COR. CPARS information can be found at: http://www.cpars.csd.disa.mil/. Annual CPARS ratings will be used during the life of the contract at the base contract level, individual CPARS ratings for each delivery order will not be assessed.

G-4 GOVERNMENT HOLIDAYS

a. The following days have been established as legal public holidays in the federal service:

New Year’s Day 1ST day of January

Martin Luther King Jr. Birthday 3rd Monday in January

Presidents’ Day 3rd Monday in February

Memorial Day Last Monday in May

Independence Day 4th day of July

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veteran’s Day 11th day of November

Thanksgiving Day 4th Thursday in November

Christmas Day 25th day of December

b. The contractor shall not schedule interfacing work (meetings, approvals, deliveries, etc.) with the

Government on any of the established holidays in federal services, or any other day designated as a holiday by

Federal Statue or by Executive Order except with prior approval from the Contracting Officer. If a holiday falls on a

Saturday, the official holiday will be celebrated the preceding Friday. If a holiday falls on a Sunday, the official holiday will be celebrated the following Monday.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SPECIAL CONTRACT REQUIREMENTS

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

http://www.cpars.csd.disa.mil/

(a) ORDERS IN EXCESS OF $3,500.00. The following procedures and criteria will be utilized; Exceptions to these procedures are outlined in paragraph (b) below:

(1) Written or oral proposals will be solicited from each awardee.

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

(3) Each awardee need not be contacted if the contracting officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order.

(4) In providing awardees a fair opportunity to be considered for each order in excess of $3,500.00, the contracting officer shall exercise broad discretion and may consider the following factors in the placement of delivery orders:

(I). Past Performance

(II). Technical Acceptability

(III). Price

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

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

(b) EXCEPTIONS. Exceptions to the fair opportunity process are outlined in FAR 16.505(b)(2).

H-2 ADDITIONAL GOVERNMENT REQUIREMENTS (AGR)

(a) The Government may utilize AGR for and not limited to, man-hours and subcontractor cost 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 and any material associated with the labor hours. 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 AGR, if ordered, shall be performed concurrently with the original work items, 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.

(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 Port Engineer (PE). 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. The rate established in AGR CLIN 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

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.

(c) Considering FBLRs have been pre-approved in Section B, proposal evaluation may be limited to: (1) evaluating the mix of labor categories and associated man-hours and material 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 is to perform and invoice against the AGR CLIN ONLY for work that has been AUTHORIZED through a settled RFP and incorporated into the contract through a contract modification. All funding remaining on the AGR CLIN at contract completion shall be de-obligated.

H-3 PREVENTION OF THE DISCHARGE OF OIL AND HAZARDOUS SUBSTANCES

(a) Policy. In compliance with Executive Order Number 11752 (38 F.R. 34793), the policy of the Department of the

Navy is to conform to the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq), and the Oil Pollution Act of 1990, as amended (33 U.S.C. 2701 et seq), insofar as these Acts prohibit the discharge of oil, oily mixtures, and hazardous substances, and regardless of whether or not these Acts pertain specifically to the Naval vessel and shore activities. The provisions of this clause are intended to implement that policy with respect to the vessel(s) being constructed or undergoing repair and overhaul under this contract.

(b) Definitions. For the purpose of this clause, the terms "oil," "oily mixtures," "hazardous substance," and

"discharge" shall have the meanings as defined in the Acts referred to in Paragraph (a) of this clause and other environmental statutes.

(c) Trials. Prior to commencement of any dock or sea trials hereunder, the Contractor shall assure the COR by demonstrations, completed test memoranda, or other means reasonably acceptable to the COR that all equipment, the function of which is to prevent the accidental discharge of oil, oily mixtures, or hazardous substances from the vessel, that the Contractor is required by the specifications to install, are fully operable.

(d) Reports. The contractor shall, as soon as he has knowledge of any discharge of oil, oily substance, or hazardous substance from the vessel, immediately notify the MSCREP thereof and shall immediately take all reasonable steps to prevent further discharge. Within 24 hours thereafter, the Contractor shall file with the COR the "Oil or

Hazardous Substance Discharge Report" using a format that is acceptable to the COR.

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

H-4 PAPERLESS CONTRACT ADMINISTRATION

Prior to start of the Performance Period, the Contractor shall coordinate with the Contracting Officer an electronic mail procedure for transmission of all contractual documents and correspondence. Contractors shall receive all contractual documents and correspondence via this method, and shall submit all correspondence and proposal information in the same manner. Scanners may be used for documents requiring signatures. MSC utilizes the MS Office suite of applications (i.e. Word, Excel) and Adobe Acrobat to conduct its contracting administration.

Contractors wishing to do business with MSC shall utilize same programs.

H-5 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 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. All requests for equitable adjustment that are not submitted within the six (6) month limit shall be deemed to have been waived by the contractor.

H-8 UTILIZATION OF TRAVEL AND PERDIEM IN CONDUCTING CHANGE ORDERS

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

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

Federal Travel Regulations, Joint Travel Regulations, or Standardized Regulations as set forth in FAR 31.205-46.

H-9 ACCESS TO NAVAL BASE GUAM

The contractor is responsible for all base access requests for its suppliers and its employees. The contractor will receive no additional compensation should the access to Naval Base Guam become further restricted due to increased security levels or other events resulting in restricted access to the Naval Base.

H-10 PERMITS AND RESPONSIBILITIES

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occurs as a result of the Contractor’s fault or negligence.

H-11 INDEMNIFICATION

Contractor shall, to the extent permitted, save, indemnify and hold harmless the United States from any damages, costs, expenses, liabilities, fines, or penalties resulting from releases, discharges, emissions, spills, storage or disposal arising under contractor's occupancy, use or operations, or any other action by contractor giving rise to

United States liability, civil or criminal, or any other action by contractor giving rise or responsibility under federal or local environmental laws. Contractor's obligations herein shall apply whenever the United States incurs costs or liabilities for contractor's activities as provided hereunder. This provision shall survive the expiration of this contract.

H-12 INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR)

The Contractor is hereby notified that material provided to it during the duration of this contract may have ITAR restrictions. The contractor shall comply with any distribution statement placed on any Government information provided to it throughout performance of this contract. The contractor is responsible for its compliance with ITAR.

H-13 ROLLING ADMISSION FOR FUTURE ADDITIONAL GSR IDIQ HOLDERS

The Government reserves the right to determine whether it would be appropriate to announce a new competition for the purpose of adding additional GSR IDIQ holders. Periodically, the government will assess the quality of performance by each GSR IDIQ holder, the number, value and complexity of work assigned to each holder and amount of competition achieved. In addition, the government will assess the internal transaction cost for issuing each delivery order and whether revisions are needed to the scope of the Performance Work

Statement. Based on these criteria and if it is in the best interest of the Government, the Procuring Contracting

Officer may announce a new competition to add additional GSR IDIQ holders to this contract.

H-14 SUBCONTRACTING

The Government reserves the right to require the prime contractor to provide certification when applicable from subcontractors stating they are willing to work under the prime contractor and have the prime contractor notify the contracting officer when subcontractors have been paid in full for their service. Certification shall be in the form of a signed letter from the subcontractor to the prime contractor stating, they agree to work with the prime and the prime contractor shall notify the Government when they have been paid in full, if so requested. Failure to provide such certification will result in the prime contractor being deemed non-responsible resulting in their exclusion from competition for receiving the delivery order at issue. All documentation must be provided to the Government by the prime contractor, the Government will not go directly to the subcontractor for any certification statements.

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 336611.

(2) The small business size standard is 1,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xviii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-

5.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to

Iran—Representation and Certification. This provision applies to all solicitations.

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert…