N32205-17-R-3002-0001.docx

N32205-17-R-3002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been modified:

SECTION B

SUPPLIES /SERVICES AND PRICES

1.0 General. The rates for services provided under this contract shall be payable at the applicable, fully loaded per diem rates stipulated in Section B rate schedule. Said payments shall be considered payment in full for all services, equipment, supplies, operation and maintenance of Government equipment, and all Contractor personnel under this contract, including all penalty time, bonuses, payments, and emoluments payable to Contractor personnel for services under this contract, irrespective of the geographic scope of said services, the carriage of hazardous cargoes (including explosives and ammunition), vehicular cargoes, bulk cargoes, and general cargoes. Said payments do not include those items specifically identified as reimbursable under this contract, which will be reimbursed in accordance with Section B-1.2 below. Payment of the per diem rate shall commence upon vessel delivery.

If there is any inconsistency between sections A through J of this contract and the OPDS Technical Manual, sections A through J of this contract shall govern.

1.1 Per Diem Rate for Operation and Maintenance. Per Diem rates shall cover the cost of daily operation, maintenance, equipment, personnel, and service for the vessels, unless an expense is specifically listed in the contract as being reimbursable. Payment of the Contractor’s per diem rate shall commence upon vessel delivery.

1.2 Familiarization. The Contractor’s fixed price per diem shall include all effort required for ship familiarization (see Section C-3.5.2.1) for the specified timeframes prior to ship deliveries. This includes crew wages & fringes, travel cost, travel wages, training, insurance, administrative cost and any other costs associated with start-up costs not otherwise included in the offeror’s per diem rate. A break-down of these expenses shall be submitted with Attachment O, Pricing Forms A and C, due within 30 days of contract award (see Section F-6).

1.3 Reimbursable Items. Reimbursable supplies and services are those items specified in the contract as reimbursable, or otherwise pre-approved by the Contracting Officer. The reimbursement cost shall not include overhead, general and administrative costs, material handling costs, profit, or fees above the actual costs. See Section G for the documentation requirements for reimbursable items. The Contractor is responsible for ensuring that reimbursable expenses do not exceed funding expressly obligated to this contract by the Contracting Officer. All supplies, services, or expenses of any kind identified anywhere in this contract as reimbursable shall be reimbursable only pursuant to the terms and limitations provided at Section G. Some expenses identified as reimbursable are further restricted in reimbursement (e.g., requiring prior Contracting Officer approval, and must be within the limitation provided under the current Joint Travel Regulations (JTR)), and such further restrictions are provided in the sections identifying the expense as reimbursable.

For expenses that require pre-approval of the Contracting Officer or the Contracting Officer Representative, the Contractor will only be reimbursed if approval is obtained prior to the expense being incurred.

1.4 Estimates. All quantities are estimates unless specifically guaranteed and shall not serve as the basis for additional compensation under the contract.

1.5 Holidays. Holidays are defined as the ten (10) Federal Holidays specified at 5USC 6103(a):

Table 1: Federal Holidays per 5 USC 6103(a)

New Year’s Day, January 1.

Birthday of Martin Luther King, Jr., the third Monday in January.

Washington’s Birthday, the third Monday in February.

Memorial Day, the last Monday in May.

Independence Day, July 4.

Labor Day, the first Monday in September.

Columbus Day, the second Monday in October.

Veterans Day, November 11.

Thanksgiving Day, the fourth Thursday in November.

Christmas Day, December 25.

1.6 CLIN Structure. The CLIN structure may be unilaterally changed by the Government anytime during the life of the contract to accommodate the funding format. The Government may also unilaterally use incremental funding and set the schedule of funding in accordance with DFARS 252.232-7007.

1.7 Continuing Rate. If a vessel has a voyage in progress on the date of contract expiration, the applicable per diem rate for that vessel for the period beyond the expiration date shall be the per diem rate that is in effect on the last day of the contract for that vessel.

1.8 Reduced Operating Status (ROS). The per diem rates for ROS will only include direct costs for expenses other than wages and fringes (i.e. training, insurance, and other ship expenses), indirect costs, G&A, and Profit. Crew wages/fringe costs and provisioning for ROS will be negotiated on a case-by-case basis prior to a ship entering ROS, and will be based on specific crew requirements.

1.9 Repair Availability (RAV). The per diem rates for RAV will only consider direct costs for expenses other than wages and fringes (specifically costs for insurance and other ship expenses), as well as indirect costs, G&A and Profit. Crew wages/fringe costs and provisioning for Repair Availability (RAV) will be negotiated on a case-by-case basis prior to a ship entering RAV, and will be based on specific crew requirements. If the crew is not able to mess and berth aboard the vessel during RAV, associated crew travel and per diem will be reimbursed by the Government in accordance with DoD Joint Travel Regulations (JTR) in effect at the time of travel.

1.10 Full Mission Operating Status (FMOS): The per diem rates for FMOS are separate from the FOS per diem rates established under the contract and are payable in accordance with Section C-1.7.1.1.1. The additional FMOS crew is identified within Section 19 of the Technical Manual (Attachment A).

1.11 Full Operating Status (FOS): The proposed per diem rates should include a two-day on board turnover period when replacing shipboard key billets. The contractor’s firm-fixed-price FOS per diem rates shall include the full wages and fringe benefits for each crewmember for an eight-hour workday, seven days per week (56 hours per week per person), and 365 days per year (including all holidays). In addition, any overtime incurred for the purpose of maintaining required “watches” shall be part of the firm-fixed-price per diem. This includes the routine gangway watch, also referred to as the gangway security watch, which includes roving patrol duties.

1.12 Contractor’s Account. All overtime, penalty time, bonuses, and other emoluments, payable for whatever reasons, shall be for the Contractor’s account except those specifically authorized by the contract or approved by the Contracting Officer.

FUNDING INFORMATION ONLY

Two CLINs (Per Diem and Reimbursables) are provided for each contract year. This is subject to change at the discretion of the Government.

REIMBURSABLE SERVICES - Following are reimbursable expenditure types which may be used for reimbursable elements of the contract if authorized by the contract or approved by the Contracting Officer.

TABLE OF EXPENDITURE TYPES

25213[footnoteRef:1] [1: Not a reimbursable item. Included in the table to illustrate the expenditure type. ]

Operating Hire (not a reimbursable noted only to illustrate expenditure type)

1.11 Rate Schedule (to be completed upon award). The following per diem rates shall be payable in accordance with Section B-1.8 and 1.9 above.

Year One Fixed Price

FFP

August 01, 2017 - July 31, 2018 365 days

FOS

FMOS

ROS

RAV

FOB: Destination

NET AMT

Year Two Fixed Price

August 01, 2018 - July 31, 2019 365 days

FOS

FMOS

ROS

NET AMT

Year Three Fixed Price

August 01, 2019 - July 31, 2020 366 days

FOS

FMOS

ROS

NET AMT

Year Four Fixed Price

August 01, 2020 - July 31, 2021 365 days

FOS

FMOS

ROS

NET AMT

Year Five Fixed Price

August 01, 2021 - July 31, 2022 365 days

FOS

FMOS

ROS

NET AMT

SECTION F - DELIVERIES OR PERFORMANCE

The following have been modified:

DELIVERIES OR PERFORMANCE

F-1 PERIOD OF PERFORMANCE

(a) Performance of the contract shall commence upon the delivery of the ship on or about August 20, 2017. There will be approximately a two-week turnover and familiarization period prior to delivery to commence August 1, 2017. Should Option One be exercised, the Contractor will be notified of the Government's intent to exercise the option at the time of contract award. The periods of performance including the designated firm and option periods are as follows:

(b) The first year constitutes the number of days from the anticipated delivery date of the vessel to the end of the corresponding fiscal year. Accordingly, the 1-year periods correspond to the Government’s fiscal year. However,

i) these periods may be extended in accordance with FAR clause 52.217-8, Option to Extend Services the Term of the Contract.

ii) any voyage in progress on the date of contract expiration shall be completed by the Contractor;

iii) the performance of Phase-Out services may be required beyond the scheduled termination date as stated in Section I, FAR clause 52.237-3, Continuity of Services; and

iv) these periods may be shortened through the effect of the Contract expiration/termination provisions. The period of time required for performance of the joint inventory at the termination of the contract shall also be deemed to be within the contract performance period. If a vessel has a voyage in progress on the date of contract expiration, the applicable per diem rate for that vessel for the period beyond the expiration date shall be the per diem rate that is in effect on the last day of the contract.

v) the performance period commencement date may be shifted day-for-day to accommodate delays in performance attributable to award term options, protests, weather delays in vessel arrivals, and delays in vessel availability due to on-going missions/voyages, which preclude turnover on or about the dates shown below.

F-2 PLACE AND DATE OF DELIVERY

(a) The ships are currently operated by a Contractor. The Government shall deliver the OPDS at the conclusion of the familiarization period, which is not to exceed twenty (20) days. Contract performance starts upon delivery of the vessels. No variation of delivery dates or delivery points shall affect the Contractor’s duty to accept delivery of the vessels for operation under this contract, nor shall any such variation be a basis for any adjustment to the Contract price. The place of delivery is anticipated to be Guam. The Government shall provide actual places and scheduled dates of delivery by giving written notice to the Contractor not less than thirty (30) days in advance of the anticipated delivery.

(b) Familiarization/Phase-In: Prior to commencement of performance the Government will provide the Contractor with a familiarization/phase-in period which is anticipated to commence 01 August 2017. The Contractor shall develop comprehensive procedures for phasing in Contractor performance to the level prescribed and within the time allowed under the terms of this Contract. The purpose of this familiarization/phase-in period is to allow the Contractor access to the vessels to observe operation of communication equipment, become familiar with the squadron, participate in development of joint inventories and sign for Government-furnished Property (GFP). The Contractor shall take all actions necessary for a smooth transition of contracted operations. The Contractor shall develop a familiarization/phase-in plan, including costs, in accordance with the guidance in Section C-3.5.1.4. The plan shall be submitted to the Contracting Officer for approval within fourteen (14) days after award. The costs of the familiarization period will be reimbursed in accordance with the contract.

F-3 REDUCED OPERATIONAL STATUS (ROS)

(a) At any time the Government may, at its option and upon notice to the Contractor in accordance with the provisions of subparagraph (e) below, place the vessel in Reduced Operational Status (ROS) for any duration.

(b) During such ROS periods, the then current daily ROS rate contained in Section B will apply.

(c) The Government shall reimburse the Contractor for reasonable direct expenses incurred with the Contracting Officer's approval in connection with a vessel in ROS. These direct expenses include the following: (i) total wages and subsistence for additional crew remaining on board with the prior written approval of the Contracting Officer; (ii) transportation costs of additional crew members leaving or returning to the ship; and (iii) any extraordinary expense incurred with the Contracting Officer’s approval. The Contractor shall minimize all such direct expenses and shall request the Contracting Officer’s prior approval of any action affecting such costs whenever practicable.

(d) During any such period of ROS, the Government and the contractor shall have the privilege of performing repairs or other work for their respective accounts. During such periods the vessel shall not be deemed to be in RAV status pursuant to Contract RAV provisions.

(e) The Government shall give the Contractor written or telegraphic notice of exercise of the option specified in subparagraph (a) above. In the event notice is given by telephone, a written or telegraphic confirmation will be provided. Such notice shall specify the time at which the period of ROS is to commence, which (i) shall not be less than 48 hours subsequent to the receipt of such notice by the Contractor or his representative, or (ii) shall be a later time at which the vessel can reasonably be brought to a safe port for the duration of the ROS period. The Government shall give the Contractor written or telegraphic notice within a reasonable period of time (in the event notice is given by telephone, written or telegraphic confirmation) of termination of the period of ROS.

F-4 REPAIR AVAILABILITY STATUS

(a) The vessel shall be placed in Repair Availability Status (RAV) during regular overhaul, dry docking or midterm availability or during any period when the ship is undergoing alterations for the Government's account.

(b) Repair Availability (RAV). The per diem rates for RAV will only include direct costs for expenses other than wages and fringes (specifically costs for insurance and other ship expenses), as well as indirect costs, G&A and Profit. Crew wages/fringe costs and provisioning for Repair Availability (RAV) will be negotiated on a case-by-case basis prior to a ship entering RAV, and will be based on specific crew requirements.

(c) Subject to the notice provision in subparagraph (d) below, RAV shall commence no earlier than twenty-four (24) hours after entering the shipyard, repair facility, or berth and shall cease no later than twenty-four hours (24) prior to departure.

(d) The Government shall give the Contractor written or telegraphic notice of exercise of the option specified in subparagraph (a) above. In the event notice is given by telephone, a written or telegraphic confirmation will be provided. Such notice shall specify the time at which the period of RAV is to commence, which shall not be less than forty-eight (48) hours subsequent to the receipt of such notice by the Contractor or its representative. The Contractor shall give the Government written notice at least seventy-two (72) hours (Saturdays, Sundays and holidays excluded) prior to the completion of the maintenance and repair type work and readiness of the ship to resume full operational status. Within twenty-four (24) hours (Saturdays, Sundays and holidays excluded) of receiving the Contractor's notice, the Government shall confirm the date upon which the RAV period shall terminate. Nothing herein shall prevent the Contractor and the Government from mutually agreeing to the termination of the RAV period and changing operating status to FOS or ROS prior to the time required by these notice provisions.

F-5 TIME OF DELIVERY

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

Contractor Training and Indoctrination Program IAW Section C

Safety Management System (SMS) Implementation Plan IAW Section C

* This deliverable shall consist of one complete, indexed set of resumes and other required documentation for all key shoreside and shipboard billets to be assigned to this contract. Any proposed substitute key personnel from those included in the Offer shall be clearly identified in a cover letter to accompany this deliverable in accordance with Section H-2.

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

The following have been deleted:

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