N32205-18-R-4150_P00006.docx

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USNS HERSHEL WILLIAMS (T-ESB 4) PSA Federal contract opportunity
Solicitation number
N32205-18-R-4150
Issued by
Department of the Navy Military Sealift Command

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Amendment 0006 N32205-18-R-4150

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N3220518R4150

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

SUBCLIN 0001AB

The CLIN extended description has changed from:

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

To:

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

CLIN 0005

The CLIN description has changed from Category "B" WI 0355 to Category "B" WI 0302.

The CLIN extended description has changed from:

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.

To:

CAT "B" WI 0302 – Misc. Land Expansion (TALT-16-017) 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.

CLIN 0017

This CLIN has been renumbered to CLIN 0019.

CLIN 0018

This CLIN has been renumbered to CLIN 0020.

CLIN 0019

This CLIN has been renumbered to CLIN 0021.

CLIN 0020

This CLIN has been renumbered to CLIN 0022.

CLIN 0021

This CLIN has been renumbered to CLIN 0023.

CLIN 0022

This CLIN has been renumbered to CLIN 0024.

CLIN 0017 is added as follows:

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Category "B" WI 0603

FFP

CAT "B" WI 0603 – Self Serve Laundry Capacity Expansion (TALT 15-053, 15-054)

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.

FOB: Destination

NET AMT

CLIN 0018 is added as follows:

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Category "B" WI 0604

FFP

CAT "B" WI 0604 – Install Galley Shelving (TALT-17-002)

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

The following have been modified:

TOTAL PROPOSED PRICE

TOTAL PROPOSED PRICE FOR CLINS 0001 THROUGH 0024 $______________

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

CLAUSES INCORPORATED BY FULL TEXT

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:

Abrasive cleaning/blastingTank cleaning
WeldingMachinists (inside and outside)
BurningBrazing
CarpentryElectrical work
Electronic workShipfitting
LaggingPainting
BoilermakingPipefitting
Sheetmetal workEngineering
RiggingStaging/scaffolding
General laborFire Watch

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:

TestingQuality Assurance
PlanningCleaning (except tank cleaning)
Material handling & warehousingSecurity
SurveyingAdministration
TransportationPurchasing staff
LoftingOther 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 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 0024 –Attachment J-3 – Category “B” WIs provides a WI breakdown of CLIN 0003 through 0024 pricing.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

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

NOT SEPARATELY PRICED (NSP) REQUIREMENTS Category

001INTENT, SCOPE, GENERAL CONDITIONS AND DEFINITIONSNSP
002TECHNICAL AND MANUFACTURER’S REPRESENTATIVESNSP
003APPROACH, BERTH, AND MOORING REQUIREMENTSNSP
004TESTING AND QUALITY ASSURANCENSP
005ELECTRICAL SAFETY PROCEDURE REQUIREMENTSNSP
006HEAVY WEATHER PLANNSP
007COLD WEATHER PLANNSP
024PHYSICAL SECURITY AT PRIVATE CONTRACTOR’S FACILITY (NSP)NSP

CATEGORY “A” WORK ITEMS

010FURNISH OFFICE FOR OVERHAUL MANAGEMENT TEAM (OMT)A COMBINED
011FURNISH GENERAL SERVICESA COMBINED
012TELEPHONE SERVICESA COMBINED
013PROJECT PLANNING AND PRODUCTION STATUS MONITORING REPORTSA COMBINED
014PREPARATION OF WEIGHT AND MOMENT REPORTA COMBINED
015INTEGRATED LOGISTICS AND GFM SUPPORT REQUIREMENTSA COMBINED
016FIRE PROTECTION AND SHIP’S SAFETY PROGRAMA COMBINED
017HANDLING SHIP’S STORESA COMBINED
018DELIVERY AND REDELIVERY OF THE VESSELA COMBINED
019SHIPBOARD ACCESS AND SECURITYA COMBINED
020GAS FREE CERTIFICATESA COMBINED
021CLEAN AND GAS FREE TANKS, VOIDS, COFFERDAMS AND SPACESA COMBINED
022MACHINERY SPACE TURN-OVER DOCK TRIALS AND SEA TRIALA COMBINED
023HAZARDOUS WASTE DISPOSAL AT A CONTRACTOR’S FACILITYA COMBINED

CATEGORY “B” WORK ITEMS

025PHYSICAL SECURITY AT PRIVATE CONTRACTOR’S FACILITYB COMBINED
030CONTINUATION OF SERVICESB COMBINED

SECTION 100 HULL STRUCTURE Category

CATEGORY “A” WORK ITEMS

101MACHINERY ROOM TO PUMP ROOM DOOR INSTALL (T-ALT 15-002)A
102MACNINERY SPACE DECK UTILIZATION PLAN (T-ALT 15-057)AMSC

SECTION 200 PROPULSION MACHINERY

N/A

SECTION 300ELECTRICAL
CATEGORY “A” WORK ITEMSCategory
301HULL PERIMETER LIGHTING (T-ALT 15-005)A
302MSC LAND EXPANSION (T-ALT 16-017)B
303HIGH VOLTAGE AND MEDIUM VOLTAGE SWITCHBOARDA
INSPECTION AND CLEANING
321NIGHT VISION DEVICE (NVD)A
322MISSION DECK NVD LIGHTING (T-ALT TBD)A
332RELOCATE FLIGHT DECK LIGHTS (T-ALT 16-057)A
333INSTALL LIGHT FIXTURES FORWARD MEDICAL TREATMENT ROOM (T-ALT 17-034)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

401EXPAND SHORE TELEPHONE CABABILITY (T-ALT 15-033)A
403MACHINERY SPACE CCTY AND BOW CAMERA MONITORING SYSTEM
(T-ALT 15-018/048)A
423ADDITIONAL AIRCRAFT OPERATING TYPES – VISUAL LANDING AIDS(T-ALT 16-031)A
432INSTALL SOUND POWERED PHONE LINES (T-ALT 16-005)A
433AUTOMATIC DIAL TELEPHONE SYSTEM (T-ALT 16-024)A

CATEGORY “B” WORK ITEMS

421RADIO INFRASTRACTURE FOR CBSP AND OE-570 (T-ALT 16-028)B
422RADIO INFRASTRUCTURE FOR HF, UHF AND VHF (T-ALT 16-029)B
425YSECURE TACTICAL BRIEFING ROOM CONVERSION (T-ALT 16-021)B
426YUNMANNED AERIAL SYSTEM (UAS) RQ-21A BLACKJACK INSTALLATION
(T-ALT 16-030)B
427YSCAN EAGLE/AEROSONDE UAS INSTALLATION (T-ALT 16-029)B
428Y UNMANNED AERIAL SYSTEM (UAS) FIRE SCOUT (T-ALT 18-002)B
434Y SEA GIRAFF INDUSTRIAL ASSIST (T-ALT 18-034)B

SECTION 500 AUXILIARY SYSTEMS Category

CATEGORY “A” WORK ITEMS

501INSTALL DUMBWAITER FROM UPPER DECK TO A DECK (T-ALT 15-006)A
502FORWARD ADDITIONAL A/C INSTALLATION (T-ALT 15-021)A
503SEGREGATION OF BLACK AND GREY WATER LINES (T-ALT 15-022)A
504 AFT HOUSE GREY WATER SYSTEM ISLOATION (T-ALT 15-036/37)A
505MISSION DECK BOAT REFUEL ENHANCEMENT (T-ALT 15-052)A
506FORWARD FIRE MAIN LOOP INSTALLATION (T-ALT 15-055)A
507INSTALL SCBA COMPRESSOR AND FILL STATION (T-0ALT 15-010)A
508RO FEED WATER CYCLONE SEPATOR INSTALL (T-ALT 17-028)A
509HTFW AND LTFW SYSTEM FLUSHA
521ADDITIONAL AIRCRAFT OPERATING TYPES JP-5 RELOCATION (T-ALT 16-038)A
522ADDITIONAL AIRCRAFT OPERATIONAL TYPES 28VDC SPOTS 1 AND 2 (T-ALT 16-037)A
523MOTOR GASONLE (MOGAS) CARGO FUEL STOWAGE (T-ALT 16-036)A
528FORWARD OVERBOARD BLACK AND GREY DISCHARGE AND SHOREA
CONNECTION (T-ALT 16-043)
529INSTALL BALLAST STANDPIPE FLOW SWITCH (T-ALT 15-066)A
582INSTALL MISSION DECK MOORING FITTINGS (T-ALT 16-006)A
583INSTALL MISSION DECK BOAT HANDLING BITTS (T-ALT 15-060)A
584MISSION DECK CLEATS AND CHAFING BARS (T-ALT 18-004)A
595INSTALL DECK EDGE FAIRING (T-ALT 18-005)A

CATEGORY “B” WORK ITEMS

524ADDITIONAL AIRFCAFT OPERATIONAL TYPES 28VDC SPOTS 3 AND 4 (T-ALT 16-035)B
528FORWARD OVERBOARD BLACK AND GREY DISCHARGE AND SHOREB
CONNECTION (T-ALT 16-043)
555INSTALL FIBACLAD (T-ALT 16-010)B
596OP-4 CRANE CERTIFICATION TSTINGB

SECTION 600 OUTFIT, FURNISHINGS AND HABITABILITY Category

CATEGORY “A” WORK ITEMS

601AFT HOUSE HABITABILITY MODIFICATIONS (T-ALT 15-008/15-013/17-023)A
602ENGINE CONTROL ROOM NO. 1 DECK HEAD INSTALLATION (T-ALT 15-040)A
603SELF SERVE LAUNDRY CAPACITY EXPANSION (T-ALT 15-053/054)B
604INSTALL GALLEY SHELVING (T-ALT 17-002)B
613INSTALL FLIGHT DECK SAFETY NETS (T-ALT 16-011)A
621ADDITIONAL TEUS - ACCOMMODATION TEUS AND PLATFORM (T-ALT 16-034)A
623ADDITIONAL TEUS – MODIFICATIONS –A6 LEVEL (T-ALT 16-032)A
625INSTALL HELICOPTER CONTROL STATION SUN SHADES (T-ALT 17-035)A

CATEGORY “B” WORK ITEMS

612MODIFY FIXED LIFERAILS TO ELIMINATE FLIGHT DECK INTERFERENCES
(T-ALT 16-001)B
622ADDITIONAL TEUS – ARMORY AND MEDICAL AND OTHER TEUS (T-ALT 16-033)B
632REPAIR EXTERIOR NON-SKID DECK COATINGSB

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

801INSTALL INDEPENDENT A/C UNITS IN ADJACENT SPACES TO HELO HANGER B
(T-ALT 16-051)

821 FORWARD ACCOMMODATIONS HVAC SYSTEM UPGRADE (AVIATION

SUPPORT SPACES HVAC UPGRADE PHASE II) B

SECTION E - INSPECTION AND ACCEPTANCE

The following Acceptance/Inspection Schedule was added for CLIN 0017:

INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
N/A
N/A
N/A
Government

The following Acceptance/Inspection Schedule was added for CLIN 0018:

INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
N/A
N/A
N/A
Government

SECTION F - DELIVERY AND PERFORMANCE

The following Delivery Schedule for CLIN 0017 has been deleted:

DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE

POP 07-JAN-2019 TO

07-MAY-2019

N/A
N/A

The following Delivery Schedule for CLIN 0018 has been deleted:

DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE

POP 07-JAN-2019 TO

N/A
N/A

The following Delivery Schedule for CLIN 0023 has been added:

DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE

POP 07-JAN-2019 TO

N/A
N/A

The following Delivery Schedule for CLIN 0024 has been added:

DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE

POP 07-JAN-2019 TO

N/A
N/A

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. 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 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 WI and the current conditions or a needed repair found during the open and inspect phase of the WI, the contractor may submit a CFR to the ACO and the 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) day 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 (3) options set forth in subparagraph (d) below. AGR proposals shall be priced using the 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:

- FBLR
- 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 AGR (CLIN 0002). Settlement of AGR (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 CCO and incorporated into the contract through a contract modification. All funding remaining on CLINs 0001 through 0024 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 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 WI and the current conditions or a needed repair found during the open and inspect phase of the WI, the contractor may submit a CFR to the ACO and the 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) day 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 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 be limited to, Material (Part number, Order Quantity, Unit Price, and Total Price), equipment (Part Number, Order Quantity, Unit Price, and Total Price), labor (FBLR, Proposed Labor Mix/Categories, and Proposed Manhours), and ODC (Travel and Per Diem)

- Etc.

The 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 ODC (CLIN 0002). Settlement of ODC (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 CCO and incorporated into the contract through a contract modification. All funding remaining on CLINs 0001 through 0024 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 KO. 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 OSHA Action level airborne concentration (currently 0.1 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 (4) 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 a CIH by the ABIH.

(4) Laboratory analysis of samples shall be performed by a participant in the AIHA 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 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. All proposed substitutions must be submitted, in writing, at least seven (7) days in advance of the proposed substitutions to the KO and must provide the 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. All proposed substitutes must have qualifications equal to or higher than the qualifications of the person to be replaced. The KO or his authorized representative will evaluate such requests and promptly notify the contractor of the approval or disapproval thereof.

H – 9 WAIVER OF CLAIMS

All requests for equitable adjustment to the contract price and any other claims whatsoever for monies due under this contract must be submitted to the KO pursuant to FAR Clause 52.233-1 Alt I - Disputes within six (6) months of the redelivery of the ship. All requests for equitable adjustment that are not submitted within the six (6) month limit shall be deemed to have been waived by the contractor.

H – 10 UTILIZATION OF TRAVEL AND PERDIEM IN CONDUCTING CHANGE ORDERS

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

Only with KO approval to proceed will a contractor, technical representative, or subcontractor be reimbursed for reasonable per diem costs (transportation, travel expenses, lodging, meals, and incidental expenses) required in connection with the associated change order. Per diem costs are considered reasonable, allowable, and reimbursable only to the extent that they do not exceed the allowed per diem rate in effect at the time of travel as set forth in the FTR, JTR, or Standardized Regulations as set forth in FAR 31.205-46.

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICE TO BIDDERS

L – 1 GOVERNMENT FURNISHED INFORMATION – TECHNICAL DATA (GFI-TD)

GFI-TD referenced but not enclosed with this RFP are available via CD upon request. Offerors shall submit their request to the KO and provide their company name, point of contact, address, and phone number, and shall indicate if data will be forwarded to subcontractors.

L –2 REQUIREMENTS FOR SUBMISSION OF PROPOSALS

A. Proposal Submittal and Inquiries.

1. Proposals shall be received prior to the closing date and time identified on the SF 33, at the following address:

Military Sealift Command

Attn: Tommy Hale
471 C Street
Naval Station Norfolk, VA 23511-2419

2. Electronic submissions via email or facsimile will not be accepted. Offers shall be mailed through a commercial/Government carrier or hand-carried.

3. All questions concerning the solicitation shall be addressed to the contracting specialist identified below via email:

tommy.a.hale@navy.mil

4. See L-5, “Inspection of Vessel/Pre-Proposal Conference,” for instructions to participate in a pre-proposal inspection of the vessel.

B. General Instructions

1. The selection of a source for award purposes will be conducted utilizing source selection (negotiated) procedures as delineated in FAR Subpart 15.3. Offers will be evaluated using the criteria under Section M, “Evaluation Factors for Award.” Noncompliance with the RFP requirements may hamper the Government’s ability to properly evaluate the proposal and may result in elimination of the proposal from further consideration for contract award.

2. The offer. The submission of the documentation specified below will constitute the offeror’s acceptance of the terms and conditions of the solicitation.

3. It is the Government’s intention to award without discussions. Offerors are encouraged to submit their best technical proposal and prices in initial proposals. IAW FAR 15.306, should discussions become necessary, the Government reserves the right to hold them. If this occurs, a competitive range will be determined and offerors notified. The competitive range may be limited for purposes of efficiency IAW FAR 15.306(c)(2). Proposals containing unacceptable ratings may be included in the competitive range provided they can be made acceptable as a result of discussions.

4. Instructions outlined in paragraph C below prescribe the format for the proposal and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of information needed to allow for evaluation of proposals.

5. The WI Package is only available upon a written request to the contract specialist. All other referenced documents for this solicitation are available on the FBO website at https://www.fbo.gov.

6. Debriefings. The KO will promptly notify offerors of the decision to eliminate their proposals from the competitive range, whereupon an offeror can request and receive a debriefing in accordance with FAR 15.505. The KO will notify unsuccessful offerors in the competitive range of the source selection decision IAW FAR 15.506. Upon such notification, unsuccessful offerors may request and receive a debriefing. Any offeror requesting a debriefing must make the request in accordance with the requirements of FAR 15.506.

C. Proposal Preparation Instructions

1. Offeror’s proposal shall consist of two (2) separate volumes: (Volume I) General; and (Volume II) Technical Proposal.

2. Proposal Format

a. Offerors shall submit an original of their proposals and the number of copies listed in paragraph “c” below.

b. The proposals shall be organized into two (2) separate, sealed volumes. Each hard copy volume of the proposal shall be separately bound in a three-ring loose leaf binder. The original copy of each volume shall be marked, “Original,” and any copy shall be marked, “Copy.”

c. In addition to submitting hard copies of the proposals, offerors shall provide digital copies on CD-ROM disk in Adobe PDF, Microsoft Word, PowerPoint, and/or Excel. Offerors shall ensure that proposal disks are virus-free and free of password protection. The Government reserves the right to eliminate a proposal from consideration if access to proposal data is prohibited due to viruses, passwords, and/or wrong format.

d. The table below shows detailed page limits and number of copies required to be submitted:

Volume
Title
Number of Hard Copies
Number of Digital Copies (CD ROM)
Page Limits
I
General
2
1
N/A
II
Technical Proposal
4
1
50 pages, excluding appendices

The proposal shall not exceed the limits stated above. If the page limits are exceeded, the pages in excess of the limit shall be removed and remain unread.

The offeror shall submit a technical and a price proposal that shall include, at a minimum:

D. Proposal Content

1. Volume 1 – General. Offerors are required to submit: (TAB A) a completed SF 33 to include acknowledgement of amendments, if applicable; (TAB B) Section B – Supplies or Services and Prices/Costs and an itemized breakdown of price on the form(s) provided in Attachments J-2 and J-3; (TAB C) Subcontracting Plan (applicable if the offeror is a large business); (TAB D) Section K Representations, Certifications, and Other Statements of Offerors; and (TAB E) Past Performance.

TAB A, SF 33. The SF 33 shall be fully completed upon submission. The offeror shall acknowledge any amendments to the RFP in accordance with the instructions on the SF 33 and FAR Clause 52.215-1(b).

TAB B, Price:

For the price submission, the hard copy version will take precedence for any differences noted between the hard copy and electronic versions of an offeror’s proposal.

Offerors shall submit prices in the format specified on the Contractor Price Breakdown forms of this solicitation, Attachments J-2 and J-3. Each specification Item Number must be either priced or marked “NSP.”

Overall Price. Unit prices and extended prices must be submitted as indicated, except NSP items.

Offerors shall include any costs associated with third-party access to the contractor’s facility, including costs for badges, safety orientation instruction, and/or parking, in the price proposal under the Shipboard Access and Security Item. For estimating purposes, offerors shall assume that (1) the Government will require access, to include safety orientation instruction and parking at the shipyard facility, for forty-five (45) individuals for the entire duration of the performance period; and (2) 20% of the badges issued to the Government and third-party personnel will be lost/misplaced and will require replacement.

Offerors shall include the Hazardous Waste Handling Fee rate per WI 0023 Hazardous Waste Disposal at a Contractor’s Facility; and the unit price per KWh for electrical power, the unit price per gallon of potable water, and the unit price per gallon of distilled water per WI 0011 in Section B of the solicitation.

The contractor agrees that its man-hour rate for the 30,201 man-hours of the AGR includes the complete and full compensation to which it is entitled, including, but not limited to, compensation for all the direct labor costs, (e.g., straight time, overtime, premium time, shift differential, holiday time, standby time, etc.) for performing the AGR, as well as compensation for acceleration, delay and disruption, and other impact, if any, to the aforementioned WI, to work performed under any other Government contract, and to any work in progress for the Government. The contractor further agrees that it is not entitled to a time extension to the delivery date of any ship under a Government contract by reason of or as a result of the ordering of the 30,201 man-hours of AGR.

AGR does not include work performed pursuant to the clauses of this contract entitled “Inspection and Manner of Doing Work,” “Guarantees,” or other contract provision relating to the correction of defects.

TAB C, Subcontracting Plan. IAW FAR Clause 52.219-9, 52.219-9 Alt II, and DFARS Clause 252.219-7003, large business offerors shall submit a Small Business Subcontracting Plan with their proposal. Offerors shall ensure they submit a Small Business Subcontracting Plan with all of the information required.

In preparing the Small Business Subcontracting Plan, offerors should note that historical compliance with FAR Clause 52.219-8, 52.219-9 Alt II, and DFARS Clause 252.219-7003 shall be evaluated as part of Past Performance.

TAB D, Section K (Representations, Certifications, and Other Statements of Offerors). The offeror shall ensure that its Section K submission is thoroughly completed, with all blocks in each certification/representation executed in their entirety and truthfully.

TAB E, Past Performance:

The Past Performance evaluation will be accomplished by reviewing aspects of an offeror’s recent and relevant Past Performance. Offerors may provide information for up to three (3) previous Government contracts where the effort is/was recent and relevant to the effort required by this solicitation.

a. “Recent” is defined as a contract inprogress or completed within the last three (3) years. If the offeror has not had three (3) Government contracts within the last three (3) years, information on recent and relevant subcontracts and/or commercial contracts may be submitted.

b. “Relevant” is defined as a contract that is of similar scope, magnitude, and complexity to the requirements as set forth in this solicitation.

i. Scope: Experience in the areas defined in the WI package.

ii. Magnitude: The measure of the similarity of the volume, dollar value and/or duration of the work actually performed under the offeror’s submitted contracts to the WI package.

iii. Complexity: The measure of the similarity of technical difficulty, managerial intricacy and/or required coordination of efforts and disciplines performed by the offeror in its submitted contracts to the WI package. For complexity, not only will the tasks performed by the offeror be considered, but also the offeror’s ability to coordinate tasks (e.g., concurrent performance requirements).

A Past Performance Data Sheet (Attachment J-12) shall be submitted for each contract to be considered as past performance. Offerors shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of this solicitation; a detailed description of the work performed for the contract; and the role performed, including whether the offeror acted as a prime contractor or a subcontractor. Offerors are responsible for the accuracy of all data provided. Past performance information regarding predecessor companies, key personnel who have relevant experience, and subcontractors that will perform major or critical aspects of the requirement may be provided as past performance submissions.

For each of the contracts the offeror describes in a Performance Data Sheet (Attachment J-12), the offeror is requested to provide a Past Performance Questionnaire (Attachment J-13) to a reference at the organization that awarded the contract. The reference, not the offeror, shall email the completed past performance Questionnaire BEFORE THE DUE DATE FOR PROPOSALS directly to Tommy Hale, Military Sealift Command Norfolk, Bldg SP-64 471 C Street, Naval Station Norfolk, VA 23511-2419, email to tommy.a.hale@navy.mil. Fax submittals will not be considered. If the contracts listed in Attachment J-12 are available in a Government past performance system (i.e. PPIRS, FAPIIS, ESRS) for Government review, Attachment J-13 is not required. The offeror, NOT THE GOVERNMENT, is responsible for ensuring the Government receives a sufficient number of questionnaires or that sufficient information is documented in the Government’s past performance systems for review.

2. Volume II – Technical Proposal.

The technical proposal will be the basis for assessing the offeror’s ability to understand and perform the tasks in the solicitation. Section M of the solicitation outlines the evaluation factors and defines the source selection evaluation criteria for evaluating the technical proposal. A legible, neat, orderly, and comprehensive proposal is required. Data should be presented in Evaluation Factor sequence (1.0-3.0) and paragraph numbering in the proposal submitted should coincide with the numbering system set forth in Section M. Failure to respond to any one of the evaluation factors may result in disqualification of the proposal.

The technical proposal must demonstrate an understanding of and an ability to meet all of the requirements covered in the specification. The proposal should be sufficiently complete to demonstrate how the offeror will comply with Government directions and requirements throughout the performance period. Data previously submitted, or presumed to be known, i.e., descriptions of previous projects performed for the Government, cannot be considered as a part of the proposal unless physically incorporated in the proposal.

All information must be presented in sufficient depth for the Government to make a comprehensive evaluation of the offeror’s understanding of the work package and of the offeror’s capability to successfully perform the work package.

The proposal should demonstrate this understanding and capability in a concise, logical manner and should not contain superfluous material not directly related to the solicitation.

L-3 SPECIFICATION CLARIFICATION

Offerors may use the RFC, provided in attachment J-8, to request clarification of any WI specification or contract term. No verbal requests for information will be accepted by the KO or his technical representative. Offerors’ questions must be submitted to the KO in writing. All requests for specification clarification must be received by MSC Norfolk no later than 1200, 30 July 2018.

L-4 NOTICE TO OFFERORS (FEB 2000)

(a) Sealed proposals will be received by the KO and will be opened at the hour and at the date specified in the solicitation for the performance of the work specified in the solicitation and in accordance with the terms of the Master Agreement for Repair and Alteration of Vessels, as amended through the date of this solicitation.

(b) Any drawings and specifications referenced in this solicitation are an integral part of the solicitation.

(c) The work shall be completed on or before close of business on the completion date of the period indicated in Section F.

(d) Liquidated damages as specified in Section F shall be payable by the contractor to the Government IAW FAR Clause 52.211-11.

(e) In submitting a solicitation response for Ship Repair, a vendor must cite the above solicitation number and each amendment thereto, if any, and must respond to each certification in this solicitation.

(f) The Government cannot guarantee that an application for a security clearance (if required) can be processed in the time between the solicitation closing and the time of award.

L-5 INSPECTION OF VESSEL / PRE-PROPOSAL CONFERENCE -

Inspection for the USNS HERSHEL WILLIAMS (T-ESB 4) will take place on the USNS HERSHEL WILLIAMS (T-ESB 4) at Naval Station Norfolk, Norfolk, VA on or about 16 and 17 July 2018 at 8:30 am to 4:00 pm. Inspection is not mandatory and shall be at the offeror’s expense.

An additional inspection for the USNS HERSHEL WILLIAMS (T-ESB 4) will take place on the USNS HERSHEL WILLIAMS (T-ESB 4) at Naval Station Norfolk, Norfolk, VA on or about 25 and 26 July 2018 at 8:30 am to 4:00 pm. Inspection is not mandatory and shall be at the offeror’s expense.

Offerors who plan to inspect the vessel must complete the EPIC registration process in accordance with L-6, “Ship & Base Access,” below. Personnel who fail to pre-register will, at best, experience protracted delays in accessing the vessel. A second inspection will NOT be scheduled.

Offerors who plan to inspect the vessel must be registered with MSC Norfolk NLT 9 July 2018. Participants shall be required to fax the following information on company letterhead prior to the deadline: Name of each individual who will be attending, Social Security Number, Date of Birth, Place of Birth, Citizenship and clearance level (if any) showing the granting agency and date of clearance. Offerors must provide a list of specific attendees only. DO NOT SUBMIT “BLANKET” LISTS. The request should state that the individual will be attending a ship check for USNS HERSHEL WILLIAMS (T-ESB 4). The information must be provided to Mr. Tommy Hale at (757) 443-5880 or via E-mail tommy.a.hale@navy.mil. Personnel who fail to pre-register will, at best, experience protracted delays in accessing the vessel. A second inspection will NOT be scheduled. Any vendor unable to meet the shipcheck dates to to base access, contact Mr. Tommy Hale.

Contractor’s failure to investigate, pursuant to the site inspection clause in the solicitation, general and local conditions potentially affecting the work or its cost, will not relieve Contractor’s responsibility for properly estimating the cost of successful performance of the work, or for proceeding to successfully perform the work, without additional expense to the Government.

L-6 SHIP & BASE ACCESS (NOV 2017)

Vendors are responsible for correctly submitting forms/applications. Vendors are encouraged to monitor email using “Request a Read Receipt” function and to confirm receipt of facsimile transmissions.

Due to enhanced security measures, ship and base access is required for pre-award ship visits (e.g. ship-check) and for contract performance. Specifically the following permissions are required:

1. EPIC personnel screening requirement

2. Base/Repair Facility Access Request

3. Vehicle Access Request

4. Ship Access List (vendor-provided)

All forms are available for download on the MSC contracts webpage at http://www.msc.navy.mil. Click on “Contracts” in the upper right corner. Click on “Online Library of Common Documents” for all forms.

EPIC: Required for access to MSC vessels. Complete the MSC/EPIC Force Protection Request Submission Template (Non-Mariner Maintenance Contractor (Rev 8(v4) – 20 September 2017) strictly adhering to format requirements. Screening requests for personnel requiring access will be submitted by their parent company via AMRDEC SAFE, https://safe.amrdec.army.mil/safe to the following MSC personnel (Contracting Officer shall select the appropriate personnel):

N033 (PM3): brian.kenney@navy.mil

EPIC personnel screening requests are required to be submitted no fewer than four (4) working days prior to performance start date. MSC DET EPIC processes requests in the order they are received. (NOTE: Normal work days for personnel involved in the EPIC Screening process are Monday-Friday.) In the event accelerated processing is required, the PM POC should contact the MSC EPIC Program Manager, Pete Lewis (peter.j.lewis@navy.mil) as soon as the requirement is known, with justification for the accelerated processing. Subsequently, appropriate direction will be provided to MSC DET EPIC. Vendor will be notified by MSC of personnel who are denied access to the vessel.

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