ATTACHMENT_8_MSC_DBIDS_FORCE_PROTECTION_LIST.pdf

ATTACHMENT 8:

MSC/DBIDS FORCE PROTECTION CREW LIST SUBMISSION

ATTACHMENT 8: MSC/DBIDS FORCE PROTECTION CREW LIST SUBMISSION

Submission of Invoices

(1) Summary Receipt Information. In order to expedite the invoice process, the Contractor shall submit Summary Receipt Information (SRI). SRI shall be submitted on a weekly basis electronically (or as determined by the COR) three business days prior to submission of the invoice with which it is associated. SRI shall be submitted to the following:

COMSC.N7.Orders@navy.mil, MSCHQ-N4_Orders.fct@navy.mil, and MSFSC_SupplyChain@navy.mil.

The format for electronic SRI shall include the following at a minimum:

I. Summary Cover Sheet

a. SRI Number (sequentially starting at #1)

b. The contract number

c. The Contractor’s name as reflected in the contract

d. The date of the SRI submittal

e. All applicable delivery order numbers for the SRI reporting period

f. Total value applicable to each delivery order for the SRI reporting period

II. Delivery Order Sheet

a. Applicable delivery order number

b. Total value applicable to the SRI reporting period

c. Each line shall reflect D.O. number, vessel name, delivery date, and total dollar value.

Note: The aggregate of all lines reflected should be equal to the total value of a delivery order number for the SRI reporting period.

(2) Summary Credit Information. The Contractor shall submit Summary Credit Information (SCI). SCI shall be submitted, as applicable, electronically to MSCHQ, Code N71, three (3) business days prior to submission of the credit invoice with which it is associated.

The format for electronic SCI shall include the following at a minimum:

I. Summary Cover Sheet

a. SCI Number (sequentially starting at #1)

b. The contract number

c. The Contractor’s name as reflected in the contract

d. The date of the SCI submittal

e. All applicable delivery order numbers for the SCI reporting period

f. Total value applicable to each delivery order for the SCI reporting period

II. Delivery Order Sheet

a. Applicable delivery order number

b. Total value in parenthesis applicable for the SCI reporting period

c. Each line shall reflect D.O. number, vessel name, return date, and total dollar value in parenthesis to be credited.

Note: The aggregate of all lines reflected should be equal to the total value of a delivery order number for the SCI reporting period.

(3) Retention of Records. The Contractor shall maintain all back-up records associated with SRI/SCI for a period of seven

(7) years after final payment under the Contract. Information may be kept electronically in an unalterable format such as PDF or in hard copy. It is the Contractor’s responsibility to ensure the integrity, reliability, and security of the back-up records.

(4) Audit Procedures. In order to ensure compliance with the terms and conditions of the Contract, the Government will conduct quarterly reviews of the Contractor's records, billing processes, and level of performance. A 25% sampling of Technical Direction Letters (TDL) referenced in the SRI/SCI files, including marine delivery receipts, service call reports, and any other data or records that pertain to the selected technical direction letters will be examined for accuracy and completeness. The records will be verified for accuracy and completeness by comparing the information in the Contractor retained files to the information contained in the TDL and SRI/SCI. Any instance in which the data found in the Contractor's files is either inaccurate or incomplete will be considered a discrepancy. The Contractor is permitted up to 15% minor discrepancies of the 25% sample of TDLs. In the event that more than 15% minor discrepancies of the 25% sample of TDLs is found, a second sampling of at least 25% from the original population will be reviewed. If, after doing this, the reviewer(s) finds over 10% discrepancies, the Government reserves the right to require submission of full receipt or credit information in lieu of summary receipt or credit information. Any major discrepancy in the Contractor's system for submission of SRI/SCI can undermine the integrity of the receipt process. In the event that a major discrepancy or a pattern of minor discrepancies not corrected in consecutive audits (two or more) is found during a quarterly review, the Government reserves the right to require submission of full receipt information in lieu of SRI/SCI. Full receipt information for each technical direction letter consists of three copies of an invoice package that is made up of the invoice, the technical direction letter, the packing list, and the signed proof of delivery.

The chart below defines the categories of discrepancies:

Types of Audit Discrepancies

Major

1. No delivery receipt

2. A pattern of minor discrepancies without correction from consecutive audits

3. No service call report/trip report/lab analysis/technical representative daily reports

Minor

1. Incorrect or lack of DO citation

2. Incorrect or lack of TDL citation

3. Incorrect or lack of invoice citation

4. Incorrect or lack of ship/port citation

5. Incorrect delivery receipt information

6. Incorrect or lack of location citation

7. Incorrect or lack of product citation

8. Incorrect or lack of quantity citation

9. Incorrect or lack of price citation

10. Incorrect or lack of signature

11. Incorrect or lack of date citation

12. Incorrect or lack of credits

In addition to the requirements of the Prompt Payment clauses of this contract, the Contractor shall cite on each invoice the item number from the Rate Table; the accounting classification reference number (ACRN) provided on the applicable delivery order and the payment terms.

The Contractor shall prepare a consolidated invoice covering all TDL shipments delivered under an individual delivery order during a given period.

The final invoice and the final SRI shall be annotated to indicate they are the final submission against a TDL. This indicates no further invoices will be submitted against that TDL and it can be closed out.

(B) Discounts

(1) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Government shall receive a discount as follows:

• If the Contractor fails to deliver the supplies and services within the time specified in Attachment (D) or as mutually agreed upon, the Contractor shall pay to the Government a discount of 2.0% per calendar day of delay up to a maximum of 10 calendar days. Discounts shall appear as a credit against the corresponding Global DO Credit Memo Invoice for SCI submission.

• A $100 firm fixed price discount per calendar day, up to a maximum of 15 calendar days, for the late delivery of each DI deliverable. Discounts resulting from the late delivery of DI's shall appear as a credit against the Global DO Credit Memo Invoice.

(2) If the Government terminates this contract in whole or in part under the Termination for Cause clause, the Contractor is liable for deductions accruing until the Government reasonably obtains delivery or performance of similar supplies or services.

(3) The Contractor will not be charged with the foregoing amounts when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Excusable Delay clause in this contract.

The Contractor shall be responsible for the administrative burden associated with calculating discounts. Contractor shall include a line item on each Summary Receipt Information report that identifies the extent to which the Government is entitled to a credit for discounts. The Contractor shall not be permitted to bill the Government for discounts due to the Government in connection with submitting a certified invoice.

(C) Warranty of Marine Coatings

(1) The Contractor shall warrant against failure of its products as applied by a shipyard or industrial assistance when Contractor is providing Field Service Technical Representation for availabilities.

The warranty shall apply to both the following:

1. Warrant paint is useable up to the expiration date

2. Warrant that paint is applied in a correct manner so that it will last two (2) years after date of application.

The warranty shall extend to those surface areas where the Contractor’s products are feathered or applied over any properly prepared substrate or any existing coating listed in the appropriate section of Attachment (A) and Attachment (C).

(2) “Premature failure” for purposes of this contract is defined as any defect or discontinuity in the new paint film that occurs after the Field Service Technical Representative has inspected and approved the final, cured and dried coating and pronounced it acceptable to the MSC Representative. Helo decks may also be subject to third-party inspection and approval. Failure includes delaminating, blistering, rust-through, dissolution, softening, flaking, cracking, peeling or any other defects in the newly applied film.

Premature failure does not include normal chalking, fading, staining, aging or mechanical damage that would occur once the ship has returned to service.

Causes for premature failure may be due to material deficiencies of the Contractor’s products or improper application procedures by a shipyard; neither cause shall void this warranty except as provided below.

(3) This warranty shall not be voided by improper application efforts or procedures by the shipyard unless the Contractor’s on-site technical representative provides timely notice of such misapplication to the Government representative. Notice given more than eight hours after the fact shall be untimely; verbal notice may be given immediately, but it is acceptable only if it is followed by written notice within 24 hours. The notice shall clearly describe the affected areas (time, location, square footages, coatings involved), the nature of the misapplication and remedial action that must be taken to correct the problem.

Once the MSC Representative has caused corrective action to be taken by the shipyard, then the Contractor’s warranty shall be considered to be in effect. If corrective action is not accomplished, then the Contractor’s warranty will not apply to the affected areas.

(4) The remedy for coating failures within the warranty period shall be for the Contractor to furnish, at no cost to the Government, all quantities of materials and technical representative services necessary to recoat the failed area. Materials shall be delivered to and technical services shall be performed at any location (domestic or foreign) that suits the Government’s purposes. The materials shall be delivered in accordance with the required delivery schedule set forth in

Paragraph 10.2. In the case of antifouling coatings, in addition to the requirements above, the Contractor shall provide scamping of the underwater hull at no cost to the Government if more than twenty (20) percent of the underwater hull is heavily fouled (heavy grass, barnacles, mollusks, annelids, hydroids, or bryozoa) due to poor performance of the antifouling within two (2) years of application. Exceptions will be granted by the Government on a case by case basis for ships that sit for extended periods in high growth areas.

(D) Warranty of Supplies

(a) Definitions. As used in this clause—

“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

“Supplies” means the end items furnished by the Contractor and related services required under this contract. The word does not include “data.”

(b) Contractor’s obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for one year after delivery for reagents and equipment and two years after delivery for chemicals and test equipment.

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor’s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor’s plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days of the last delivery under this contract.

(2) Within a reasonable time after the notice, the Contracting Officer may either—

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3)(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer—

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of re-inspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor’s expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement.

(4)(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor—

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor’s account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

(E) Management, Handling, Transportation, Recycling & Disposal of Hazardous Material and Hazardous Waste

This section applies both to the removal of hazardous waste and the delivery of hazardous materials under this contract.

(1) Compliance with Hazardous Materials And Waste Handling Regulations: The Contractor shall comply with the Resource Conservation and Recovery Act; the Comprehensive Environmental Response, Compensation, and Recovery Act of 1980; the Clean Water Act; and all other Federal, State, and local laws, codes, ordinances and regulations that govern the manufacture, handling, transportation, recycling or disposal of hazardous materials and/or hazardous waste. Where applicable, the Contractor shall also comply with all laws, codes, regulations, and ordinances of foreign states that govern the manufacture, handling, transportation, recycling or disposal of hazardous materials and/or hazardous waste.

(2) In the event that the Contractor is charged with, or cited for, violating any of the authorities set forth in the above paragraph while performing under this contract, the Contractor shall notify the MSC Contracting Officer and COR verbally or in writing within 24 hours of the issuance of the charge/citation. This notice shall set forth the facts and circumstances giving rise to the charge/citation.