N32205-18-R-4150_Conformed_Solicitation.docm

N3220518R4150

Section B - Supplies or Services and Prices

Category "A" Work Items (WIs)

FFP

Prepare for and accomplish the Post Shakedown Availability of the USNS HERSHEL WILLIAMS (T-ESB 4) Total Category "A" WIs $_____________

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

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

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

Proposed unit price per gallon of bilge water removal $______ IAW WI 011, 7.1.18.8

Proposed unit price per crane usage $______ IAW WI 11, 7.7.1.1

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

NET AMT

0001AA

MSC Category "A" Work Items (WIs)

USNS HERSHEL WILLIAMS (T-ESB-4) PSA MSC GENERAL REQUIREMENTS FUNDED CAT A WIs CAT A WORK ITEMS 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023

FOB: Destination J998

NET AMT

0001AB

MSC Category "A" Work Items (WIs)

USNS HERSHEL WILLIAMS (T-ESB-4) PSA MSC FUNDED CAT A WIs CAT A WORK ITEMS 101, 102, 301, 302, 303, 401, 403, 501, 502, 503, 504, 505, 506, 508, 509, 601, 602, 603, 604

NET AMT

0001AC

PMS-385 PD Category "A" Work Items (WIs)

USNS HERSHEL WILLIAMS (T-ESB-4) PSA PMS-385 PD GENERAL REQUIREMENTS FUNDED CAT A WIs CAT A WORK ITEMS 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023

NET AMT

0001AD

PMS-385 Category "A" Work Items (WIs)

USNS HERSHEL WILLIAMS (T-ESB-4) PSA PMS-385 SOF981 GENERAL REQUIREMENTS FUNDED CAT A WIs CAT A WORK ITEMS 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 020, 021, 022, 023

NET AMT

0001AE

PMS-385 Category "A" Work Items (WIs)

USNS HERSHEL WILLIAMS (T-ESB-4) PSA PMS-385 PD GENERAL REQUIREMENTS FUNDED CAT A WIs

CAT A WORK ITEMS 332, 333, 432, 433, 507, 529, 582, 583, 584, 595, 613, 625

NET AMT

0001AF

PMS-385 Category "A" Work Items (WIs)

USNS HERSHEL WILLIAMS (T-ESB-4) PSA PMS-385 SOF981 FUNDED CAT A WIs

CAT A WORK ITEMS 321, 322, 423, 521, 522, 523, 621, 623

NET AMT

0001AG

PMS-385 NC Category "A" Work Items (WIs)

USNS HERSHEL WILLIAMS (T-ESB-4) PSA PMS-385 New Construction FUNDED CAT A WI

CAT A WORK ITEM 820

NET AMT

AGR AND ODC

USNS HERSHEL WILLIAMS (T-ESB-4) PSA MSC FUNDED ADDITIONAL GOVERNMENT REQUIREMENTS (AGR) AND OTHER DIRECT COSTS

NET AMT

0002AA

MSC AGR AND ODC

MSC AGR

(15,814) man-hours @ $________ per man-hour = $_____________

ODC

Base $2,080,948.00_____________

Proposed G&A Rate _______________% Subtotal: $_____________

Proposed Profit Rate _______________% Subtotal: $_____________

NET AMT

0002AB

PMS 385 PD AGR AND ODC

PMS 385 Post Delivery AGR

(1,152) man-hours @ $________ per man-hour = $_____________

ODC

Base $329,454.00_____________

Proposed G&A Rate _______________% Subtotal: $_____________

Proposed Profit Rate _______________% Subtotal: $_____________

NET AMT

0002AC

PMS 385 SOF AGR AND ODC

PMS 385 SOF AGR

(11,585) man-hours @ $________ per man-hour = $_____________

ODC

Base $2,352,479.00_____________

Proposed G&A Rate _______________% Subtotal: $_____________

Proposed Profit Rate _______________% Subtotal: $_____________

NET AMT

0002AD

PMS 385 NC AGR AND ODC

PMS 385 New Construction AGR

(1,650) man-hours @ $________ per man-hour = $_____________

ODC

Base $385,172.00_____________

Proposed G&A Rate _______________% Subtotal: $_____________

Proposed Profit Rate _______________% Subtotal: $_____________

NET AMT

Category "B" WI 0025

WI 0025 - Physical Security at Private Contractor's Facility in FPCON Charlie - Delta

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0030

WI 0030 - Continuation of Services

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0355

CAT "B" WI 0355 – Misc. Electrical Conduits and Trays

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0421

CAT "B" WI 0421 – Radio Infrastructure for CBSP and OE-570

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0422

CAT "B" WI 0422 – Radio Infrastructure for HF, UHF and VHF

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0425Y

CAT "B" WI 0425Y – Secure Tactical Briefing Room Conversion

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0426Y

CAT "B" WI 0426Y – Unmanned Aerial System (UAS) RQ-21A Blackjack Installation

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0427Y

CAT "B" WI 0427Y – Scan Eagle Installation

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0428Y

CAT "B" WI 0428Y – Fire Scout Installation - Industrial Support

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0434Y

CAT "B" WI 0434Y – Sea Giraffe Industrial Assist

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0524

CAT "B" WI 0524 – Addition of 28 VDC at Spots 3 and 4

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0528

CAT "B" WI 0528 – Grey and Black Water Mods

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0555

CAT "B" WI 0555 – Install FibaClading

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0596

CAT "B" WI 0596 – OP4 Crane Certification Test

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0612

CAT "B" WI 0612 – Modify flight Deck Life Rails

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0622

CAT "B" WI 0622 – Additional Temporary Expandable Unit - Armory/Medical

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0632

CAT "B" WI 0632 – Repair Non-Skid Coatings

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0755

CAT "B" WI 0755 – Install Tie Downs in Seafox Magazine No. 2

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0801

CAT "B" WI 0801 – Install Independent AC Units in Adjacent Spaces to HELO Hanger

Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

Category "B" WI 0821

CAT "B" WI 0821 – Forward House HVAC System Upgrade (Aviation Support Spaces HVAC Upgrade Phase II) Category B WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category B WIs by exercising the option via written notice to the contractor.

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

TOTAL PROPOSED PRICE

TOTAL PROPOSED PRICE FOR CLINS 0001 THROUGH 0021 $______________

The contractor shall enter the total proposed price of all CLINs.

PART I - THE SCHEDULE

Section B, Price Schedule, detailed information

CLIN 0001 –Attachment J-2 – Category “A” WIs provides a WI breakdown of CLIN 0001 pricing.

CLIN 0002: This CLIN contains the FBLR (e.g., G&A, overhead, profit, supervision, consumables, and/or support functions, etc.) and the ODC profit and G&A rate. These rates are used 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. Additionally, this CLIN includes G&A and profit rates for ODC to be used for negotiating changes. These rates shall prevail even when the contract is extended/modified. The number of AGR man-hours and the ODC base amount are estimates that were generated for evaluation purposes. The actual amounts of man-hours and ODC may be used interchangeably under the contract which could result in a distribution and amount of man-hours and ODC that is either higher or lower than that stated in CLIN 0002. Any additional AGR or ODC required beyond the CLIN 0002 estimated amount shall 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:

Direct production man-hours will not include those functions (whether charged directly or indirectly by the contractor’s accounting system) which are defined herein 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:

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 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 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 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, stated in this CLIN does not include the profit or G&A rates.

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

CLINs 0003 through 0021 –Attachment J-3 – Category “B” WIs provides a WI breakdown of CLIN 0003 through 0022 pricing.

Section C - Descriptions and Specifications

ACRONYM TABLE

C-1 GENERAL

1. The contractor shall prepare for and accomplish the VR, overhaul, or alterations of the USNS HERSHEL WILLIAMS (T-ESB 4) as specified herein and IAW the 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 CFM/CFP and the timely reporting, receipt, storage, installation, and accountability of 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 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 variances based on the 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 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/offship production and component/system testing and trials. The contractor shall provide industry certifications such as: MSRA, ABR, or 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 its 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 contractor’s 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. The offeror shall be fully cognizant of ABS rules and USCG regulations and how they apply and impact this specification package.

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

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

g. Quality Control/Test and Trials. A quality control organization/department/staff. Quality assurance procedures/manual. Calibration and metrology system availability. Test memo writing capability. Nondestructive Testing capabilities. Welding procedures and welders’ qualifications. Ability to perform trend analysis. Quality control system shall be certified or equivalent to ISO 9001:2001 standards.

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

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

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

· Pier, with services in place, accessible to the CLASS size ship for birthing

· Structural Shop

· Machine Shop

· Pipe Shop

· Electrical/Electronic Shop

· Carpentry Shop

· Rigging Equipment

· Dry-dock – when required for docking of vessel in performance of the specification

k. Agreements. 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 its ability to obtain required resources.

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

This award consummates the contract which consists of the following documents: (a) the Government’s solicitation and your final proposal revision submitted on 08/28/2018 inclusive of all discussion and clarifications responses and (b) this award/contract.

C – 2 List of Standard WIs included for this solicitation:

NOT SEPARATELY PRICED (NSP) REQUIREMENTS Category

CATEGORY “A” WORK ITEMS

CATEGORY “B” WORK ITEMS

SECTION 100 HULL STRUCTURE Category

CATEGORY “A” WORK ITEMS

SECTION 200 PROPULSION MACHINERY

N/A

CATEGORY “B” WORK ITEMS

355 MISC. ELECTRICAL CONDUIT AND CABLE TRAYS (T-ALT 18-021) B

SECTION 400 COMMUNICATION AND NAVIGATIONAL AIDS Category

CATEGORY “A” WORK ITEMS

CATEGORY “B” WORK ITEMS

SECTION 500 AUXILIARY SYSTEMS Category

CATEGORY “A” WORK ITEMS

CATEGORY “B” WORK ITEMS

SECTION 600 OUTFIT, FURNISHINGS AND HABITABILITY Category

CATEGORY “A” WORK ITEMS

CATEGORY “B” WORK ITEMS

SECTION 700 SPONSOR EQUIPMENT Category

755 INSTALL TIE DOWNS IN SEAFOX MAGAZINE NO. 2 (T-ALT 18-032)

SECTION 800 HEATING, VENTILATION AND CONDITIONING Category

CATEGORY “A” WORK ITEMS

820 AVIATION SUPPORT SPACES HVAC UPGRADE PHASE I (T-ALT 18-013) A

CATEGORY “B” WORK ITEMS

821 FORWARD ACCOMMODATIONS HVAC SYSTEM UPGRADE (AVIATION

SUPPORT SPACES HVAC UPGRADE PHASE II) B

Section D - Packaging and Marking

WOOD PACKAGING MATERIAL (WPM) - ADDITIONAL DELIVERY INSTRUCTIONS

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

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Delivery and Performance

DELIVERY INFORMATION

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

07-MAY-2019

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 $129,154.00 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 the ship will arrive at contractor’s yard on or about 07 January 2019. All work shall be completed in no more than 120 calendar days from actual start date designated by the Government at time of contract award.

F-2 PLACE OF PERFORMANCE

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

Section G - Contract Administration data

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

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

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

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

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

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

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

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

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

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

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

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

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

Invoice

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

Government

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

Routing Data Table* Field Name in WAWF Data to be entered in WAWF

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Not Applicable

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

MSCHQ_WAWF@navy.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

ADDENDUM TO 252.232-7006

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

Military Sealift Command

Administrative 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 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 J-3, “Contractor Price Breakdown – Category B Items.” The 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 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 CHENG as well as the PPE by demonstrations, completed test memoranda, or other means reasonably acceptable to the Ship’s Master and CHENG, as well as the PPE, 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, is 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 CHENG, 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 CHENG, as well as the PPE, 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 WI 0023 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 AGR 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.