N3220520R4017.pdf

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USNS KANAWHA ROH/DD N3220520R4017
Solicitation number
N3220520R4017
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This notice provides information about an upcoming solicitation for regular overhaul and dry-docking services for the USNS KANAWHA (T-AO 196). Major work items include preservation and replacement of structures, tanks, piping and equipment. The solicitation will be full and open competition, with an estimated issue date of November 5, 2019 and closing date of December 11, 2019. The opportunity is located in the east/gulf coast region. The Military Sealift Command estimates a 75-day performance period starting March 25, 2020 at a contractor's facility. The notice instructs interested parties to monitor the Federal Business Opportunities website for solicitation number N3220520R4017. Questions may be directed to the point of contact.

USNS KANAWHA (T-AO 196) Solicitation N3220520R4017

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Other files

File Type Posted
Amendment 0004 N3220520R4017-0004.pdf PDF
J-3 Category B Items 01.16.xlsx XLSX spreadsheet
J-2 Category A Items 12.09.xlsx XLSX spreadsheet
REV-C WORK ITEM INDEX REPORT 12-09-2019.docx DOCX document
Amendment 0003 N3220520R4017-0003.pdf PDF
J-2 Category A Items 11.27.xlsx XLSX spreadsheet
Amendment 0002 N3220520R4017-0002.pdf PDF
J-3 Category B Items 11.27.xlsx XLSX spreadsheet
REV-B WORK ITEM INDEX REPORT 11-27-2019.docx DOCX document
REV-A WORK ITEM INDEX REPORT 11-08-2019.docx DOCX document
Amendment 0001 N3220520R4017-0001.pdf PDF
CDRL,_SWI-005.pdf PDF
CDRL,_SWI-0019.pdf PDF
J-12_Past_Perf_Data.docx DOCX document
CDRL,_SWI-0024.pdf PDF
CDRL,_SWI-0022.pdf PDF
CDRL,_SWI-004.pdf PDF
CDRL,_SWI-0011.pdf PDF
J-10_Interport_Differential.doc DOC document
CDRL,_SWI-0020.pdf PDF
CDRL,_SWI-006.pdf PDF
CDRL,_SWI-0021.pdf PDF
CDRL,_SWI-0018.pdf PDF
CDRL,_SWI-0017.pdf PDF
J-4_GFM_KANAWHA.pdf PDF
CDRL,_SWI-001.pdf PDF
J-14_Technical_NDA.pdf PDF
CDRL,_SWI-0023.pdf PDF
CDRL,_SWI-0014.pdf PDF
CDRL,_SWI-0013.pdf PDF
Redacted_FINAL_JnA_KANAWHA_ROH_20R4017.pdf PDF
J-3_Category_B_Items.xlsx XLSX spreadsheet
CDRL,_SWI-0015.pdf PDF
J-8_RFC.doc DOC document
CDRL,_SWI-0016.pdf PDF
J-7_MSC_Ship_Repair_Facility_Survey.pdf PDF
J-9_Disclsr_Lobbying_Activities_SF-LLL.pdf PDF
J-11_Dry_Dock_Evaluation_Form.docx DOCX document
J-5_SUB-CONTRACTING_PLAN_ASSESSMENT_CHECKLIST.docx DOCX document
CDRL,_SWI-0010.pdf PDF
CDRL,_SWI-0012.pdf PDF
J-2_Category_A_Items.xlsx XLSX spreadsheet
J-13_PAST_PERFORMANCE_QUESTIONNAIRE.docx DOCX document
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CODE

(Hour)

PAGE(S)

until 02:00 PM local t ime 11 Dec 2019

X

A X B X C X D

EX

X

G F 45 - 53

54 - 62 X H 63 - 73 lindsay .bonnema@navy .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 73

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N32205 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 4 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

S-29 Naval Station Norfolk conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

LINDSAY BONNEMA 757-443-5917

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 7

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

8 - 15

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

18 - 19 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 20 - 23 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 24 - 29 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

30 - 43

PART II - CO NTRACT CLAUSES

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-64 NAVAL STATION N

NORFOLK VA 23511

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

05 Nov 2019

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N3220520R4017

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Category "A" Work Items (WIs)

FFP

Prepare for and accomplish the ROH/DD of the USNS KANAWHA (T-AO 196)

Total Category "A" WIs $_____________

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

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

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

Proposed unit price per gallon of bilge water removal $______ IAW WI 011, 7.1.20.3

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

Proposed Hazardous Waste handling fee rate IAW WI 023, 7.4.3 ______%

FOB: Destination J998

NET AMT

AGR and ODC

FFP

AGR

(15,000) man-hours @ $________ per man-hour = $_____________

ODC

Base $500,000.00

Proposed G&A Rate _______________% Subtotal: $_____________

Proposed Profit Rate _______________% Subtotal: $_____________

OPTION Category "B" WI 0025

FFP

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

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

OPTION Category "B" WI 0030

FFP

WI 0030 - Continuation of Services

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

OPTION Category "B" 0108

FFP

WI 0108 - Kingpost Repair

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.

OPTION Category "B" 0909

FFP

WI 0909 - Dry-Docking Laydays

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.

OPTION Category "B" 0965

FFP

WI 0965 - Steel Replacement

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.

CLAUSES INCORPORATED BY FULL TEXT

TOTAL PROPOSED PRICE

TOTAL PROPOSED PRICE FOR CLINS 0001 THROUGH 0007 $______________

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

PART I - THE SCHEDULE

Section B, Price Schedule, detailed information

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

CLIN 0002: This CLIN contains the FBLR (e.g., G&A, overhead, profit, supervision, consumables, and/or support functions, etc.) and the ODC profit and G&A rate. These rates are used for pricing changes negotiated under the H- 3 Clause - AGR and H-4 Clause ODC, for the duration of the contract. Changes are inherent to vessel repair contracts and should be expected by the Contractors. Additionally, this CLIN includes G&A and profit rates for ODC to be used for negotiating changes. These rates shall prevail even when the contract is extended/modified.

The number of AGR man-hours and the ODC base amount are estimates that were generated for evaluation purposes. The actual amounts of man-hours and ODC may be used interchangeably under the contract which could result in a distribution and amount of man-hours and ODC that is either higher or lower than that stated in CLIN 0002. Any additional AGR or ODC required beyond the CLIN 0002 estimated amount shall be added through contract modification using the same AGR and ODC rates agreed upon at contract award. Any unused AGR or ODC will be de-obligated from the contract at the same AGR and ODC rates agreed upon at contract award. The contractor agrees that the number of man-hours included in its proposed price for such AGR shall include only direct production man-hours. For these purposes, direct production man-hours are for skilled labor at the Journeyman level expended in direct production as exemplified by the following functions:

Abrasive cleaning/blasting Tank cleaning Welding Machinists (inside and outside) Burning Brazing Carpentry Electrical work Electronic work Shipfitting Lagging Painting Boilermaking Pipefitting Sheetmetal work Engineering Rigging Staging/scaffolding General labor Fire Watch

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

Testing Quality Assurance Planning Cleaning (except tank cleaning) Material handling & warehousing Security Surveying Administration Transportation Purchasing staff Lofting Other indirect support Supervision

Consumable materials are goods used in the ordinary course of work performance such as office supplies, paper, rags, vehicle or equipment fuel costs, cleaning chemicals, disposable tools, welding rods, paint buckets, paint brushes, protective clothing, etc. that do not become an integral part of the repaired vessel. Consumable material shall be included in the contractor's FBLR 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 0007 –Attachment J-3 – Category “B” WIs provides a WI breakdown of CLIN 0003 through 0007 pricing.

Section C - Descriptions and Specifications

ACRONYM TABLE

ABIH American Board of Industrial Hygiene ABR Agreement for Boat Repair ABS American Bureau of Shipping ACO Administrative Contracting Officer AGR Additional Government Requirements AIHA American Industrial Hygiene Association ALT Alternate AMT Amount BLDG Building CCO Contract Change Order CD Compact Disc CDRL Contract Data Requirements List CD-ROM Compact Disc Read-Only Memory CFM Contractor Furnished Material CFP Contractor Furnished Property CFR Condition Found Report CHENG Chief Engineer CFR Code of Federal Regulations CIH Certified Industrial Hygienist CLIN Contract Line Item Number

CONUS

CPARS

Contiguous United States Contractor Performance Assessment Reporting System

DBIDS Defense Biometric Identification Systems DET Detachment DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense DON Department of the Navy E-MAIL Electronic Mail ESRS Electronic Subcontract Report System FAPIIS Federal Awardee Performance and Integrity Information System FAR Federal Acquisition Regulation FBLR Fully-Burdened Labor Rate FBO Federal Business Opportunities (FebBizOpps) F/CC Fibers Per Cubic Centimeter FPCON Force Protection Condition FR Federal Register FTR Federal Travel Regulations G&A General and Administrative GFI-TD Government Furnished Information – Technical Data GFM Government Furnished Material GFP Government Furnished Property IAW In Accordance With ID Identification ISO International Organization for Standardization JTR Joint Travel Regulations KO Contracting Officer KWh Kilowatt Hour LLTM Long Lead Time Material

LPTA Lowest Price Technically Acceptable M&IE Meals and Incidental Expenses MSC Military Sealift Command MSCREP Military Sealift Command Representative MM Millimeter MSRA Master Ship Repair Agreement MTA Mid-Term Availability N/A Not Applicable NCACS Navy Commercial Access Control System NDA Non-Disclosure Agreement NLT No Later Than NO Number NSP Not Separately Priced ODC Other Direct Costs PAT Proficiency in Analytical Testing

PDF

PII

Portable Document Format Personal Identifiable Information

PM Program Manager POC Point of Contract PPE Principle Port Engineer PRIME Prime Contractor PWS Performance Work Statement QA Quality Assurance QC Quality Control REV Revision RFC Request for Specification Clarification RFP Request for Proposal

ROH/DD

SAFE

Regular Overhaul/Dry-Docking Secure Access File Exchange

SECNAV Secretary of the Navy SF Standard Form SOW Statement of Work SUB Subcontractor TPSN Time Phased Sequencing Network TWA Time-Weighted Average USC United States Code USCG United States Coast Guard USNS United States Navy Ship VR Voyage Repair WAWF Wide Area Workflow WI Work Item

C-1 GENERAL

1. The contractor shall prepare for and accomplish the VR, overhaul, or alterations of the USNS KANAWHA (T-AO 196) 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:

o Pier, with services in place, accessible to the CLASS size ship for birthing o Structural Shop o Machine Shop o Pipe Shop o Electrical/Electronic Shop o Carpentry Shop o Rigging Equipment o Dry-dock – when required for docking of vessel in performance of the specification

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:

SECTION 0000 GENERAL SERVICES AND REQUIREMENTS

0001 INTENT SCOPE GEN REQUIREMENTS DEFINITIONS NSP

0002 TECHNICAL REPRESENTATIVES NSP

0003 APPROACH BERTH AND MOORING NSP

0004 TESTING AND QUALITY ASSURANCE NSP

0005 ELECTRICAL SAFETY PROCEDURE REQUIREMENTS NSP

0006 HEAVY WEATHER PLAN NSP

0007 COLD WEATHER PLAN NSP

0011 GENERAL SERVICES FOR SHIP T AO A

0012 TELEPHONE SERVICES A

0013 PROJECT PLANNING AND MONITORING A

0014 WEIGHT MOMENT REPORT A

0015 ILS, GFM A

0016 FIRE PROTECTION AND SHIPS SAFETY PROGRAM A

0017 HANDLING SHIPS STORES A

0019 SHIPBOARD ACCESS A

0020 GAS FREE CERTIFICATES A

0023 HAZARDOUS WASTE DISPOSAL A

0024 PHYSICAL SECURITY AT PRIVATE CONTRACTOR'S FACILITY A

0025 PHYSICAL SECURITY AT PRIVATE CONTRACTOR'S FACILITY B

0030 CONTINUATION OF SERVICES B

SECTION 0100 HULL AND STRUCTURAL

0101 JP5 TANK 10 C PRESERVATION A

0102 EXPANSION JOINT REPLACEMENT A

0103 01 LEVEL CARGO TIEDOWNS RENEWAL A

0104 BULWARK REPAIRS A

0105 HOUSE PRESERVATION A

0106 PUMP ROOM BILGE POWER TOOL CLEAN AND RECOAT A

0107 NDT KINGPOSTS A

0108 KINGPOST REPAIR B

0109 REPAIR 01 DECK BRACING A

0110 TANK DECK OVERHEAD PRESERVATION A

0111 SPOT REPAIR TANK DECK AND 01 LEVEL NONSKID A

0112 REMOVALS DEGAUSSING SYSTEM T-AO 187 CLASS M COIL M A

0113 ABS MANDATED STEEL RENEWAL A

0114 STEEL REPLACEMENT A

0115 PV VALVES A

0116 UNREP STRUCTURAL STEEL REPLACEMENT A

0117 FLIGHT DECK NON-SKID RENEWAL A

0163 FLIGHT DECK SAFETY NET INSPECTION AND TEST (3 YEAR) A

SECTION 0200 MACHINERY, PROPULSION

0201 MAIN ENGINE 12K OVERHAUL RIGGING AND SHIPPING

SUPPORT

A

0252 MAIN REDUCTION GEAR INSPECTION (5YR) A

SECTION 0300 ELECTRICAL

0301 MOTOR REPAIRS A

0302 THERMO SURVEY OF SWBDS MCCS A

0303 PTO GROOM A

0304 CLEANING SWITCHBOARDS A

0305 ANNUAL CARGO CONSOLE GROOM A

0354 GENERATOR CLEANING & INSPECTION A

SECTION 0400 COMMUNICATION AND NAVIGATION

0401 ANNUAL GMDSS RECERTIFICATION A

0402 OE-82 UHF SATCOM ANTENNA OVERHAUL A

0451 ANNUAL RADAR SERVICE A

0452 ANNUAL ECDIS SERVICE A

0453 ANNUAL GYRO SERVICE A

0454 ANNUAL SVDR RECERTIFICATION A

0455 ANNUAL RADIO COMMUNCATION EQUIPMENT

RECERTIFICATION

A

0456 MAGNETIC COMPASS SERVICE (2 YEAR) A

0457 EPIRB SERVICE (5 YEAR) A

0458 WHIP ANTENNA MAINTENANCE A

0459 ECHO SOUNDER SERVICE A

0460 ANNUAL INSPECTION OF ALARMS A

SECTION 0500 MACHINERY, AUXILIARY SYSTEMS

0501 PUMP OVERHAUL A

0502 SHIP'S SERVICE AIR COMPRESSOR GROOM A

0503 SSDG 60K HOUR OVERHAUL A

0504 OVHL MSW DISCH HDR LO & FO RELIEF VALVES A

0505 CLAYTON E-204 BOILER MAINTENANCE A

0506 INCINERATOR MAINTENANCE AND REPAIR A

0507 RELIEF VALVE AND PRESURE VESSEL TESTING A

0508 MISC PIPING REPLACE A

0509 ABS MANDATED PIPE RENEWAL A

0552 HOSE REPLACEMENT (5YR) A

0554 INSPECT, TEST & CERTIFY MACHINERY SPACE CRANES &

HOISTS (1 YEAR)

0560 PERSONNEL ELEVATOR INSPECTION & TEST (5YR) A

SECTION 0600 OUTFIT, FURNISHING & HABITABILITY

0601 LIFEBOAT DAVITS PAINTING & PRESERVATION A

0602 STBD RESCUE BOAT DAVIT REPAIRS A

0603 PORT RESCUE BOAT SINGLE POINT DAVIT ANNUAL A

0604 SCBA COMPRESSOR SERVICE A

0605 SCBA EQUIPMENT ANNUAL SERVICING A

0606 RESCUE BOAT RECERTIFY A

0607 INTERIOR JOINER DOORS REPLACEMENT A

0652 LIFEBOAT & DAVIT SERVICE (5 YEAR) A

0655 IMMERSION SUIT SERVICE (3 YEAR) A

0656 ANNUAL LIFERAFT CERTIFICATION A

0657 FIXED GAS FIREFIGHTING SYSTEM INSPECTION & TEST (1

YEAR)

A

0659 FIXED FOAM FIREFIGHTING SYSTEM INSPECTION & TEST A

0661 FIRE & SMOKE DETECTION & ALARM SYSTEM A

0662 PORTABLE FIRE EXTINGUISHER SERVICE A

0663 FIRE & SMOKE DAMPER SERVICE A

0664 DEEP FAT FRYER, GRILL & RANGE HOOD FIRE EXTINGUISHING

SYSTEM

0665 FIRE HOSES A

0666 ACCOMMODATION LADDER INSPECTION (1YR) A

0672 DEEP FAT FRYER INSPECTION A

SECTION 0800 HVAC

0851 ANNUAL GALLEY VENTILATION & GAYLORD HOOD

CLEANING

0852 ANNUAL LAUNDRY VENT CLEANING A

SECTION 0900 DRYDOCKING

0901 STERN TAIL SHAFT AND PROPELLER REPAIRS A

0902 PROPELLER SYSTEM MAINTENANCE AND OD BOX GROOM A

0903 PROPELLER SHAFT WEARDOWN A

0904 STERN TUBE SEAL MAINTENANCE A

0905 SPUR LINE AND NET CUTTER INSPECTION A

0907 ROPE GUARD ZINC ANODE REPLACEMENT A

0908 DOCKING AND UNDOCKING REV FEB 14 A

0909 DRY- DOCKING LAYDAYS B

0911 OVERHAUL SEAWATER BALLAST VALVES A

0953 ANCHORS, CHAINS & LOCKERS (5YR) A

0954 RUDDER AND STERN FRAME EXAM AND REPAIR A

0956 OVERHAUL SEA VALVES A

0957 PROPELLER CLEAN AND POLISH - ON DOCK (2.5YR) A

0960 UNDERWATER HULL CLEANING & PAINTING SPOT BLAST A

0961 FREEBOARD PRESERVATION A

0962 CATHODIC PROTECTION SYSTEM A

0963 SEA CHEST MARINE GROWTH PREVENTION SYSTEM A

0965 STEEL RENEWAL B

0966 SHAFT ALIGNMENT & BEARING REACTION CHECKS A

SECTION 1000 UNDERWAY REPLENISHMENT EQUIPMENT

1001 SLIDING BLOCK TRANSFER HEAD REFURBISHMENT AND

HOIST CHAIN REPLACEMENT

A

1002 WINCH BOOTHS DECK RENEWAL A

1003 ASD REFURBISHMENT A

1004 HYDRAULIC TRANSMISSION HEAT EXCHANGER FRAME A

1005 SADDLE WINCH MOTOR REPAIRS A

1006 SADDLE WINCH DRUM SHAFT AND SEAL REPLACEMENT A

1007 DOUBLE PROBE RECEIVING STATIONS BASE PLATE

ASSEMBLIES

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.

http://www.alsc.org/

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

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

Section F - Delivery and Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 25-MAR-2020 TO

07-JUN-2020

N/A N/A

0002 POP 25-MAR-2020 TO

07-JUN-2020

0003 POP 25-MAR-2020 TO

0004 POP 25-MAR-2020 TO

0005 POP 25-MAR-2020 TO

0006 POP 25-MAR-2020 TO

0007 POP 25-MAR-2020 TO

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-55 F.O.B. Point For Delivery Of Government-Furnished

Property

JUN 2003

F-1 SHIP AVAILABILITY PERIOD

It is anticipated the ship will arrive at contractor’s yard on or about 25 March 2020. 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

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

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

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

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

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

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

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

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

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

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

N/A https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

INVOICE

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC N32205 Issue By DoDAAC ____ Admin DoDAAC** ____ Inspect By DoDAAC ____ Ship To Code N62387 Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

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

MSCHQ_WAWF@NAVY.MIL

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

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:

CLIN #

Contract Price Through Mod P0000x

Complete

Contract Completed

Less Retainage

Less Prev Payments

Amount due this Invoice ($)

Total Invoiced to Date ($)

003 Option 004 Option 005 Option 006 Option 007 Option

Military Sealift Command Administrative Contracting Officer

Military Sealift Command Ship Yard Representative

Port Engineer

(End of instructions)

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

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

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

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

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

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

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

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

(End of instructions)

Section H - Special Contract Requirements

SECTION H CLAUSES

H-1 OPTION FOR INCREASED QUANTITIES

The Government may require delivery of the numbered line items identified in Section B as option items in any amount up to the unit quantities and at the unit prices stated in the contractor’s J-3, “Contractor Price Breakdown – Category B Items.” The KO may exercise the options by giving the contractor written notification or via issuance of standard modification (SF 30). Delivery of option items shall be within the performance period identified in Section F unless the parties otherwise agree.

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

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

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

(c) Trials. Prior to commencement of any dock or sea trials hereunder, the contractor shall assure the Ship’s Master and CHENG as well as the PPE by demonstrations, completed test memoranda, or other means reasonably acceptable to the Ship’s Master and CHENG, as well as the PPE, that all equipment, the function of which is to prevent the accidental discharge of oil, oily mixtures, or hazardous substances from the ship, that the contractor shall be required by the specifications to install, is fully operable.

(d) Reports. The contractor shall, as soon as it has knowledge of any discharge of oil, oily substance, or hazardous substance from the ship, immediately notify the Ship’s Master and CHENG, as well as the Principle Port Engineer, thereof and shall immediately take all reasonable steps to prevent further discharge. Within 24-hours thereafter, the contractor shall file with the Ship’s Master and CHENG, as well as the PPE, the "Oil or Hazardous Substance Discharge Report.”

(e) Liability. The contractor shall be liable to the Government for all such costs of removal of such oil, oily mixture, or hazardous substance where such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the contractor. All documentation related to such waste shall bear the contractor’s generator number in accordance with WI 0023 HAZARDOUS WASTE DISPOSAL AT A CONTRACTOR'S FACILITY. The contractor shall not be liable for the costs incurred by the Government for the removal of such oil, oily mixture, or hazardous substance when initiated by the Government.

H-3 AGR CONTRACT LINE ITEM NUMBER (CLIN 0002)

(a) The Government may utilize CLIN 0002 for and not limited to, man-hours generated from a discrepancy found between WIs and the current conditions or a needed repair found during the open and inspect phase of the WI.

This work may consist of supplemental, emergent, or new work. 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 0007 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 0007 at contract completion shall be de-obligated.

H-5 EMPLOYMENT OF NAVY PERSONNEL RESTRICTED

In performing this contract,…

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