N3220517R4008.pdf

CODE

(Hour)

PAGE(S)

until 02:00 PM local time 11 Sep 2017

X

A X B X C X D

EX

X

G F 39 - 46

47 - 55 X H 56 - 66

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 66

(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 4 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

SP 64 Naval Station Norfolk conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 6

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

7 - 13

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

16 - 17

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 18 - 19 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 20 - 25 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

26 - 37

PART II - CONTRACT CLAUSES

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP64

NAVAL STATION NORFOLK

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

09 Aug 2017

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N3220517R4008

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Category "A" Work Items (WIs)

FFP

FFP

Prepare for and accomplish the Mid-Term Availability (MTA) of the United States Navy Ship (USNS) KAISER (T-AO 187) Total Category "A" WIs $_____________

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

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

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

Proposed unit price per gallon of bilge water removal $______ IAW WI 011, 7.1.19.3

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

Proposed Hazardous Waste handling fee rate IAW WI 023, 7.4.1 ________ FOB: Destination

NET AMT

PSC Code: J020

AGR and ODC

FFP

FFP

Additional Government Requirements (AGR) and Other Direct Costs

(ODC)

AGR

(10,000) man-hours @ $________ per man-hour = $_____________

ODC

Base $___350,000.00___

Proposed G&A Rate _______________% Subtotal: $_____________

Proposed Profit Rate _______________% Subtotal: $____________

OPTION Category "B" WI 025

FFP

FFP

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

The Contracting Officer (KO) will notify the contractor in writing when Category B WIs are required to be accomplished as part of this contract.

Those WIs that are deemed NOT necessary by the Government will not be exercised.

OPTION Category "B" 030 Continuation of Service

FFP

FFP

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.

CLAUSES INCORPORATED BY FULL TEXT

TOTAL PROPOSED PRICE

TOTAL PROPOSED PRICE FOR CLINS 0001 THROUGH 0004 $______________

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

PART I - THE SCHEDULE

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

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

CLIN 0002: Indicate the Fully-Burdended Labor Rate (FBLR) (e.g., General and Administrative (G&A), Profit, Supervision, and/or support functions) and the ODC Profit and G&A rate. These rates will be used in evaluating the contractor’s proposal and shall be the rate for pricing changes negotiated under the H-3 Clause – AGR and H-4 Clause – ODC, for the duration of the contract. Changes are inherent to vessel repair contracts and should be expected by the Contractors. Offerors shall include a fully burdened labor rate to be used in negotiating changes.

The rate must include all costs for negotiating changes, including but not limited to, G&A, overhead, profit, etc.

The offeror shall insert rates below that it agrees to use in negotiating changes for new or additional work. These rates shall prevail throughout the duration of the contract. The number of man-hours and ODC base are estimates for evaluation purposes and the actual distribution and amounts of man-hours and ODC may be higher or lower than those stated in CLIN 0002. Any additional AGR or ODC required beyond the CLIN 0002 estimated amount may be added through contract modification using the same AGR and ODC rates agreed upon at contract award. Any unused AGR or ODC will be de-obligated from the contract at the same AGR and ODC rates agreed upon at contract award. 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 Boiler making Pipefitting Sheet metal 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 FBLR 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

Consumable materials are goods used in the ordinary course of work performance such as office supplies, paper, rags, vehicle or equipment fuel costs, cleaning chemicals, disposable tools, welding rods, paint buckets, paint brushes, protective clothing, etc. that are consumed/used in the process of repair and do not become an integral part of the repaired vessel. Consumable material shall be included in the contractor's fully loaded manhour rate and not separately priced.

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

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

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

CLINs 0003 through 0004 – The offeror shall complete CLIN 0003 through 0004 NET AMT, each of the fill-in items, and complete Attachment J-3 – Category “B” WIs.

Section C - Descriptions and Specifications

C-1 GENERAL

1. The Contractor shall prepare for and accomplish the voyage repairs, overhaul, or alterations of the USNS USNS KAISER (T-AO 187) as specified herein and IAW the Work Item (WI) package as provided in Attachment J-1 – WI Package (Specifications). Unless otherwise specified, all work shall be performed at the contractor’s shipyard.

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

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

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

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

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

(e) Developing a performance milestone schedule/critical path chart to measure scheduled performance.

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

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

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

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

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

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

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

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

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

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

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

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

a. Administration/Management Control. Established organization geared toward ship repair at all levels of size, value and complexity, and toward technology innovation and process improvement. Clear lines of authority.

Delegation of responsibility. Mid-level managerial positions in place. Competent and experienced employees with ship repair experience. Capability to develop and integrate planning, estimating and scheduling functions.

Defined managerial responsibilities for production, quality assurance, material procurement/control and subcontractor control.

b. Financial Control. Segregation of accounting costs. Adequate accounting system. Favorable cash flow-ratios.

Availability of a line of credit or other source of financial income to support the work effort. Prompt payment of subcontractors and suppliers.

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

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

e. Material/Procurement Control. A material purchasing department with staff. Procedures for control of material

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

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

g. Quality Control/Test and Trials. A quality control organization/department/staff. Quality assurance procedures/manual. Calibration and metrology system availability. Test memo writing capability.

Nondestructive Testing capabilities. Welding procedures and welders’ qualifications. Ability to perform trend analysis. Quality control system shall be certified or equivalent to ISO 9001:2001 standards

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

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

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

o Pier, with services in place in which the CLASS size ship can access and be berthed at o Structural Shop o Machine Shop o Pipe Shop o Electrical/Electronic Shop o Carpentry Shop o Rigging Equipment o Dry-dock – when required for docking of vessel in performance of the specification

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

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

USNS KAISER (T-AO 187)

SECTION 000 - GENERAL REQUIREMENTS

ITEM NO. TITLE CAT

000 GENERAL REQUIREMENTS

001 Intent, Scope, Gen Requirements NSP

002 Technical Representatives NSP

003 Approach, Berth and Mooring NSP

004 Testing and Quality Assurance NSP

005 Electrical Safety Procedure Requirements A

006 Heavy Weather Plan A

007 Cold Weather Plan A

010 Furnish Office for OMT A

011 General Services A

012 Telephone Services A

013 Project Planning and Production Status Monitoring Reports A

014 Weight Moment Report A

015 ILS, GFM A

016 Fire Protection and Ships Safety Program A

017 Handling Ship Stores A

018 Delivery and Redelivery A

019 Shipboard Access A

020 Gas Free Certificates A

021 Clean and Gas Free Tanks, Voids, Cofferdams and Spaces A

022 Dock Trials and Sea Trial A

023 Hazardous Waste Disposal A

024 Physical Security at Private Contractor's Facility NSP

025 Physical Security at Private Contractor's Facility B

030 Continuation of Services B

SECTION 100 HULL STRUCTURE

101 Non-Destructive Testing (NDT) Kingpost Areas (ABS) ABS Req A

102 Tank Deck Overhead Preservation VR17-067 A

103 Prop & Sea Chest Cleaning - A

104 Flight Deck Non-Skid Renewal VR17-001 A

105 Preservation of Nr 6 Port and Stbd Ballast Tk ABS Req A

106 Aft Side Superstructure Preserv and Steel Repairs VR16-015 A

107 Weather Deck Watertight Doors VR15-012 A

108 Various Piping Repairs VR17-055 A

109 Tank Deck DFM Piping Repairs VR17-053 A

110 Renew Tank Vent Piping VR15-052 A

111 Engine Room Supply Plenum Steel Renewal VR15-015 A

112 CT Winch Foundation Repair VR17-057 A

113 Pump Room Bilge Preservation VR17-046 A

114 House 02 Level Supply Plenum Steel Renewal VR17-073 A

SECTION 200 MACHINERY, PROPULSION

201 Main Engine Governors and booster assembly Ovhl VR17-068 A

202 Main Engine Coupling and Clutch VR15-020 A

203 Main Engine Turbochargers Ovhl VR15-020 A

204 Port and Starboard OD Box Ovh VR16-014 A

SECTION 300 ELECTRICAL

301 Circuit Breaker Inspection & Repair VR16-016 A

302 Switchboard Cleaning and Inspections VR16-016 A

303 Motor Repairs VR16-017 A

0304 ERC UPS Unit Replacement VR15-068 A

0305 Pony Motor Overhaul VR17-066 A

306 Degaussing J-Box Removal VR17-002 A

SECTION 400 COMMUNICATION & NAVIGATION EQUIPMENT

401 Radar/ECDIS Preventive Maintenance ABS-Req A

402 GMDSS Safety Radio Cert ABS-Req A

403 SVDR Annual Recertification ABS-Req A

404 HF Equipment Groom A

405 TV DTS System Groom A

406 GPS Windbird and NEMA DISTR A

407 UHF SATCOM and Los Transceiver Groom A

408 Annual Navigat X Gyro System Preventative Maint A

409 SAAB Auto Indent Syst (AIS) Replacement ALT 16-0948 A

410 NGW FBB Antenna Mount Renewal A

SECTION 500 MACHINERY, AUXILIARY

501 Refrig & AC Repair & Groom VR15-009 A

502 CONEX Box Service VR15-009 A

503 Refrigerated Containers Mod A

504 DFM Stripping Pump VR17-060 A

505 Pressure Vessel and Relief Testing VR17-045 A

506 Pump Repair VR17-027 A

507 Stuffing Tubes Repairs VR17-034 A

508 AFT House Deck Drain Piping Repairs VR16-020 A

509 Cargo OCM Replacement T-ALT 0766 A

510 Insulation and Lagging Repairs VR17-055 A

511 No. 3 SSDG 24K Overhaul VR17-063 A

512 PMC-2 Controller Replacement VR17-064 A

513 Roller Curtain Doors Replacement VR17-043 A

514 Engine Room Firemain Piping Renewal ` VR17-058 A

0515 Boilers Feed Pump Relocation VR15-061 A

0516 EDG Generator Repairs A

SECTION 600 OUTFITTING, FURNISHING & HABITABILITY

601 Annual Inspection of Fire Fighting Equipment ABS Req A

602 Fire & AFFF Hose Annual Insp ABS Req A

603 Halon Bottle Rebuild VR17-019 A

604 Life Raft Annual Service ABS Req A

605 SCBA Equipment Annual Service ABS Req A

606 SCBA Compressor Annual Service ABS Req A

607 Immersion Suit Annual Service ABS Req A

608 Lifeboat Davits & Winches Annual Service ABS Req A

609 Lifeboats Annual Service ABS Req A

610 Rescue Boats Annual Service ABS Req A

611 Port Rescue Boat Davit Annual Service ABS Req A

612 Stbd Rescue Boat Davit Annual Service ABS Req A

613 Galley Equipment Replacement VR15-009 A

614 Deck Covering Replacement VR17-018 A

615 Laundry room PRC VR17-022 A

616 Annual Elevator Recertification A

SECTION 800 HEATING, VENTILATION & AIR CONDITIONIN

801 Air Handler Fan and Motor Overhaul and Alignment VR16-017 A

802 Gaylord Hood Exh Syst Cleaning A

SECTION 1000 UNREP EQUIPMENT

1001 Hauling Winch Electric Motor Refurbishment VR17-007 A

1002 RAM TENSIONER ASSEMBLY REFURBISHMENT VR17-017 A

1003 ASD REFURBISHMENT FAS STA 7 VR17-007 A

1004 CONTROL-X-CABLE GUARD and deck penetrations VR17-026 A

Section D - Packaging and Marking

Section D - Packaging and Marking

WOOD PACKAGING MATERIAL (WPM) - ADDITIONAL DELIVERY INSTRUCTIONS

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

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

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

Section F - Delivery and Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 08-JAN-2018 TO

18-FEB-2018

N/A N/A

0002 POP 08-JAN-2018 TO

18-FEB-2018

N/A N/A

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

0004 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 $104,179.00 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

(End of clause)

F-1 SHIP AVAILABILITY PERIOD

It is anticipated that ship will arrive at Contractor’s yard on or about 08 January 2018. All work shall be completed in no more than 42 calendar days from actual start date designated by the Government at time of contract award.

F-2 PLACE OF PERFORMANCE

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

Section G - Contract Administration data

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013

ADDENDUM TO 252.232-7006

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

CLI

N #

Contract Price Through Mod P0000x

Complete

Contract Completed

Less Retainage

Less Prev Payments

Amount due this Invoice

Total Invoiced to Date ($)

003 Option

004 Option

Military Sealift Command

Administering Contracting Officer

Military Sealift Command Ship Yard Representative

Port Engineer (End of instructions)

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

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

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

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

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

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

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

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

(End of instructions)

Section H - Special Contract Requirements

SECTION H CLAUSES

H-1 OPTION FOR INCREASED QUANTITIES

The Government may require the delivery of the numbered line items identified in Section B as option items in any amount up to the unit quantities and at the unit prices stated in the contractor’s Price Breakdown. The Contracting Officer (KO) may exercise the options by giving the contractor written notification or via issuance of standard modification (SF 30). Delivery of option items shall be within the performance period identified in Section F unless the parties otherwise agree.

H-2 PREVENTION OF THE DISCHARGE OF OIL AND HAZARDOUS SUBSTANCES

(a) Policy. In compliance with Executive Order Number 11752 (38 F.R. 34793), the policy of the Department of the Navy (DON) is to conform to the provisions of the Federal Water Pollution Control Act, as amended (Title 33 U.S.C. 1251 et seq), and the Oil Pollution Act of 1990, as amended (Title 33 U.S.C. 2701 et seq), insofar as these Acts prohibit the discharge of oil, oily mixtures, and hazardous substances, and regardless of whether or not these Acts pertain specifically to the Naval vessel and shore activities. The prescribed clause is intended to implement that policy with respect to the ship(s) being constructed or undergoing repair and overhaul under this contract.

(b) Definitions. For the purpose of this clause, the terms "oil," "oily mixtures," "hazardous substance," and "discharge" shall have the meanings as defined in the Acts referred to in paragraph (a) of this clause and other environmental statutes.

(c) Trials. Prior to commencement of any dock or sea trials hereunder, the contractor shall assure the Ship’s Master and Chief Engineer as well as the Principle Port Engineer by demonstrations, completed test memoranda, or other means reasonably acceptable to the Ship’s Master and Chief Engineer as well as the Principle Port Engineer 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 Ship’s Master and Chief Engineer as well as the Principle Port Engineer thereof and shall immediately take all reasonable steps to prevent further discharge. Within 24-hours thereafter, the contractor shall file with the Ship’s Master and Chief Engineer as well as the Principle Port Engineer the "Oil or Hazardous Substance Discharge Report.”

(e) Liability. The contractor shall be liable to the Government for all such costs of removal of such oil, oily mixture, or hazardous substance where such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the contractor. All documentation related to such waste shall bear the contractor’s generator number in accordance with Work Item 023 HAZARDOUS WASTE DISPOSAL AT A CONTRACTOR'S FACILITY. The contractor shall not be liable for the costs incurred by the Government for the removal of such oil, oily mixture, or hazardous substance when initiated by the Government.

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 Principle Port Engineer (PPE). As a result of this report submission, the ACO may request a proposal from the contractor. Whenever the Government orders AGR pursuant to this clause, the contractor shall submit a price proposal for such work. This proposal shall be submitted within three (3) days of the receipt of the Government's request for a proposal, or within such additional time provided in writing by the KO. The contractor's failure to submit its proposal within the three (3) days period, or such extended period of time, may be considered a failure of the parties to negotiate a fair and reasonable price for the AGR and will permit the KO to take any of the three options set forth in subparagraph (d) below. AGR proposals shall be priced using the Fully-Burdened Labor Rate (FBLR) set forth in Section B, CLIN 0002. The rate established in CLIN 0002 will be used in evaluating the contractor's proposal and will also be used for negotiating changes as required by this clause. As part of the contractor’s proposal submission for AGR, the following shall be included:

- Fully Burdened Labor Rate

- Proposed Labor Mix/Categories

- Proposed Man Hours

- Total Proposed AGR

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

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

(1) Have the work performed by the Government;

(2) Issue a unilateral modification

(3) Cancel the requirement.

(e) The contractor knowingly and voluntarily waives all claims against the Government and/or other third party contractors for delay, disruption, loss of efficiency, or other impact arising out of or based upon the presence of Government or other contractor employees performing the AGR at the contractor's facility. Furthermore, in cases described in sub-paragraphs (d)(1) and (2) above, the contractor waives any right to claims of interference under the DFARS Clause 252.217-7011 - Access to Vessels.

(f) The contractor warrants and hereby certifies that its price for the firm fixed portion of this contract (CLIN 0001) 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 0004 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 Principle Port Engineer (PPE). As a result of this report submission, the ACO may request a proposal from the contractor. Whenever the Government orders ODC pursuant to this clause, the contractor shall submit a price proposal for such work. This proposal shall be submitted within three (3) days of the receipt of the Government's request for a proposal, or within such additional time provided in writing by the KO. The contractor's failure to submit its proposal within the three (3) days period, or such extended period of time, may be considered a failure of the parties to negotiate a fair and reasonable price for the ODC and will permit the KO to take any of the three options set forth in subparagraph (d) below. As part of the contractor’s proposal submission for Other Direct Costs (ODCs), the following shall be included:

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

Equipment

- Part number

- Order quantity

- Unit price

- Total price

Other Direct Costs not captured above

- Travel

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

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

- Etc.

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

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

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

(1) Have the work performed by the Government;

(2) Issue a unilateral modification

(3) Cancel the requirement.

(e) The contractor knowingly and voluntarily waives all claims against the Government and/or other third party contractors for delay, disruption, loss of efficiency, or other impact arising out of or based upon the presence of Government or other contractor employees performing the ODC at the contractor's facility. Furthermore, in cases described in sub-paragraphs (d)(1) and (2) above, the contractor waives any right to claims of interference under the DFARS Clause 252.217-7011 - Access to Vessels.

(f) The contractor warrants and hereby certifies that its price for the firm fixed portion of this contract (CLIN 0001) does not include any amount for the "Other Direct Costs" (CLIN 0002). Settlement of “Other Direct Costs” (CLIN 0002) will be for the purpose of providing funding. In the event the Government requires additional work, authorization to proceed shall be made only by the KO. The Contractor is to perform and invoice against CLIN 0002 ONLY for work that has been AUTHORIZED through a settled RFP and incorporated into the contract through a contract modification. All funding remaining on CLINs 0001 through 0004 at contract completion shall be de-obligated.

H-5 EMPLOYMENT OF NAVY PERSONNEL RESTRICTED

In performing this contract, the contractor will not use as a consultant or employ (on either a full or part-time basis) any active duty Navy personnel (civilian or military) without the prior approval of the contracting officer. Such approval may be given only in circumstances where it is clear that no laws and no DOD or Navy instructions, regulations, or policies are contravened and no appearance of a conflict of interest will result.

H-6 ASBESTOS REMOVAL REQUIREMENTS

(a) During the performance of this contract the contractor and subcontractors may be required to perform work which involves the removal or disturbance of asbestos or asbestos containing products. This clause applies to each instance of asbestos removal or disturbance.

(b) The contractor shall comply with the precautions required in 29 CFR 1910.1001, 29 CFR 1926.58 and 40 CFR Part 61 and all other applicable Federal, State, and Local restrictions. The contractor shall forward a copy of all required notices, licenses and permits to the KO immediately upon issuance or receipt.

(c) The latest change to the Federal, State and Local Regulations in effect at the time of issuance of the contract shall govern. Compliance with these regulations is mandatory and is necessary to protect the employees of the contractor and Naval personnel from exposure to asbestos fibers in excess of the Occupational Safety and Health Administration (OSHA) Action level airborne concentration (currently 0.1 fibers per cubic centimeter (f/cc) of air).

(d) During removal or disturbance, the contractor shall control airborne asbestos concentrations outside the removal boundary to less than 0.1 f/cc at all times.

(e) After removal or disturbance is complete, the areas within the removal boundary shall not be released for re-occupancy until clearance air sampling demonstrates these spaces have concentrations of asbestos less than 0.1 f/cc.

(f) In all respects, the performance of air sampling and analysis shall be performed in accordance with the OSHA Reference Method (Appendix A of 29 CFR 1910.1001), with the following additional specifications:

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

(2) In performing the clearance sampling, the pump shall be placed within the compartment where the removal or disturbance occurred. When this operation is conducted in a multilevel space, at least one pump shall be placed on each level.

(3) Air sampling shall be performed by a person competent in sampling procedures and overseen by an industrial hygienist certified for comprehensive practice (CIH) by the American Board of Industrial Hygiene.

(4) Laboratory analysis of samples shall be performed by a participant in the American Industrial Hygiene Association (AIHA) Proficiency in Analytical Testing (PAT) Program rated proficient for asbestos and air.

(g) Personal sampling shall be conducted using breathing zone air samples, which are representative of the 8-hour Time-Weighted Average (TWA) exposure of each individual. Samples shall be collected and analyzed using the OSHA Reference Method contained in either 29 CFR 1910.1001 (as amended) or 29 CFR 1926.58 (as amended).

(h) The contractor agrees to indemnify MSC for any fines assessed by Federal, State or Local Agencies, for the contractor's failure to properly follow applicable regulations.

(i) The contractor shall insert this clause in all subcontracts entered into under this contract.

H-7 SUBCONTRACTOR SUBSTITUTION

Post-award substitution of any major subcontractor should not be effected unless the proposed substitution is submitted to the KO and official approval is obtained. The post-award substitution or insertion of a second-tier subcontractor will be treated in the same manner as the substitution of a major subcontractor and will require specific approval by the KO.

H-8 SUBSTITUTION OF KEY PERSONNEL

(a) General Clause. The contractor agrees to assign to this contract those persons identified as key personnel whose resumes were submitted with the proposal and who are necessary to fulfill the requirements of this contract.

No substitution of key personnel shall be made except IAW this clause.

(b) Guidance on Substitutions. During the first thirty (30) days of the contract performance period no personnel substitutions by the contractor will be made unless substitutions are necessitated by an individual’s sudden illness, death, or termination of employment. In any of these events, the contractor shall promptly notify the KO and provide the information required by paragraph (c) below. After the initial thirty (30) day period, all proposed substitutions must be submitted, in writing, at least seven (7) days in advance of the proposed substitutions to the KO and provide information required by paragraph (c) below.

(c) Request for Substitution. All requests for substitution must provide a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information as requested by the KO.