N32205-18-R-4251_Amendment_0004_SF30_released.docx

N3220518R4251

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION / CONTRACT FORM

The required response date/time has changed from 18-Jan-2018 03:00 PM to 20-Jun-2018 03:00 PM.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0002

The CLIN extended description has changed from:

Additional Growth Requirements (AGR)(24,351) man-hours @ $________ per man-hour = $_____________

Other Direct Costs (ODC)Base $_1,575,150.00_

Proposed G&A Rate _______________%

To:

Additional Growth Requirements (AGR)(29,592) man-hours @ $________ per man-hour = $____________ Other Direct Costs (ODC)Base $_1,752,849.40_

Proposed G&A Rate _______________%

CLIN 0005

The CLIN description CATEGORY "B" WI 107 has been deleted.

WI 107 - WEATHERDECK DRAIN PIPING REPAIRThe 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.

CLIN 0006

The CLIN description CATEGORY "B" WI 124 has been deleted.

WI 124 - 03 LEVEL CIC CONVERSION TO STATEROOMS The 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.

CLIN 0007

The CLIN description CATEGORY "B" WI 304 has been deleted.

WI 304 - STUFFING TUBE REPLACEMENTThe 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.

CLIN 0010

The CLIN description CATEGORY "B" WI 530 has been deleted.

WI 530 - MISC. PUMP AND MOTOR OVERHAULSThe 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.

The following have been added by full text:

TOTAL PROPOSED PRICE

TOTAL PROPOSED PRICE FOR CLINS 0001 THROUGH 00016 $______________

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:

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 0016 –Attachment J-3 – Category “B” WIs provides a WI breakdown of CLIN 0003 through 0016 pricing.

The following have been deleted:

Section B

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 SUPPLY (T-AOE 6) 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.

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

000 GENERAL REQUIREMENTS

100 STRUCTURAL

A A

ABS TANK CLOSE-UP INSPECTION SUPPORT

TANK VENT CLEAN AND INSPECT

A A

POTABLE WATER TANK PRESERVATION

CLAD WELD REPAIR TO 03 OVERHEAD

200 MAIN PROPULSION MACHINERY

A A

RRG RELIEF VALVE INSPECT SET AND TEST.

PORT AND STBD PROPULSION SHAFT REACTIONS

A A

GAS TURBINE INTAKE INSPECTION AND REPAIR

LUBE OIL SYSTEM, INSTALL UNLOADER BYPASS (TA)

300 ELECTRICAL

400 ELECTRONICS

500 AUX EQUIPMENT

A A A

ASSIST SHIPS FORCE

RELIEF VALVE OVERHAUL

PORT AND STBD RHIB DAVIT INSPECTION

A A A A

AUXILIARY BOILER INSPECTION

GAS TURBINE FUEL FLOW SENSOR INSTALL

REPLACE STERN TUBE COOLING SYSTEM

SSDG AUX BOILER FUEL FLOW SENSOR INSTALL

B A

LAGGING AND INSULATION REPAIR

CHT PIPING REPAIR

A A

UPTAKES FLUE CLEANING, INSPECTION AND REPAIR

SCBA CYLINDER HYDROSTATIC TESTING

600 HABITABILITY

A A A A

INTERIOR CPC DECK REPLACEMENT

PAINT LOCKER MIXING ROOM, ADD EXHAUST VENTIALTION

DECK REPAIR-MAIN SCULLERY

COMPRESSED GAS BOTTLE STORAGE RACK

800 HVAC

900 DRYDOCKING AND UNDERWATER HULL

1000 UNREP/VERTREP

*BOLDED WORK ITEMS HAVE EITHER BEEN REVISED, ADDED OR CONVERTED TO CAT “A” WORK ITEMS.

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 F - DELIVERY AND PERFORMANCE

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

POP 24-APR-2018 TO

03-JUL-2018

FOB: Destination

POP 30-OCT-2018 TO

13-JAN-2019

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

POP 24-APR-2018 TO

03-JUL-2018

POP 30-OCT-2018 TO

13-JAN-2019

F-1 SHIP AVAILABILITY PERIOD

It is anticipated the ship will arrive at contractor’s yard on or about 30 October 2018. All work shall be completed in no more than 75 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

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)

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:

(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 CLIN 0002 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 CLIN 0002 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 I - CONTRACT CLAUSES

The following have been added by reference:

52.203-17

52.243-7 NOTIFICATION OF CHANGES (JAN 2017)

(a) Definitions.

"Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.

"Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing, within 3 calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state--

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including--

(i) What line items have been or may be affected by the alleged change;

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in (b) above, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall countermand any action which exceeds the authority of the SAR.

(d) Government response. The Contracting Officer shall promptly, within 3 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either--

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(e) Equitable adjustments.

(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made--

(i) In the contract price or delivery schedule or both; and

(ii) In such other provisions of the contract as may be affected.

(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property.