N3220521R40090002.docx

N3220521R4009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been modified:

Category "A" WIs

FFP

Prepare for and accomplish the ROH/DD of the USNS JOHN LENTHALL (T-AO 189) Total Category "A" WIs $_____________

Proposed unit price per KWh of electrical shore power $_____ IAW WI 0011, 7.1.1.4 Proposed unit price per gallon of potable water $______ IAW WI 0011, 7.1.3.2 Proposed unit price per gallon of distilled water $______ IAW WI 0011, 7.1.4.2 Proposed unit price per gallon of bilge water removal $______ IAW WI 0011, 7.1.19.3 Proposed unit price per crane usage $______ IAW WI 0011, 7.1.25.1 Proposed Hazardous Waste handling fee rate IAW WI 0023, 7.4.3. ______%

CDRLs FOR CLINs INCLUDING OPTION CLINs, IF EXERCISED:

The data to be furnished hereunder shall be prepared and submitted IAW the CDRL, DD Form 1423, Exhibit A, attached hereto. The CDRLs form a part of the schedule of this solicitation.

SEE PARAGRAPH 1.

FOB: Destination

NET AMT

AGR and ODC

AGR

(10,000) man-hours @ $________ per man-hour = $_____________

ODC

Base $1,500,000.00

Proposed G&A Rate _______________% Subtotal: $_____________

Proposed Profit Rate _______________% Subtotal: $_____________

SEE PARAGRAPH 2, 3, AND 4.

NET AMT

Category "B" WI 0025

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

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

SEE PARAGRAPH 5.

NET AMT

Category "B" WI 0030

WI 0030 - Continuation of Services

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

NET AMT

Category "B" WI 026

WI 026 - Vessel Final Cleaning

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

NET AMT

Category "B" WI 101

WI 101 - Structual Steel Repairs

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

NET AMT

Category "B" WI 501

WI 501 - Misc Piping Replacement

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

NET AMT

Category "B" WI 0951

WI 951 - Docking and Undocking

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

NET AMT

Category "B" WI 967

WI 967 - Shaft Alignment and Bearing Reaction Checks

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

NET AMT

TOTAL PROPOSED PRICE FOR CLINS 0001 THROUGH 0009 $______________

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

Section B, Price Schedule, detailed information

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

2. AGR and ODC

a. This CLIN contains the FBLR (e.g., G&A, overhead, profit, supervision, consumables, and/or support functions) and the ODC profit and G&A rate. These rates are used for pricing changes negotiated during the contract. Changes are inherent to vessel repair contracts and should be expected by 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:

b. 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:

c. Consumable materials are goods used in the ordinary course of work performance that do not become an integral part of the repaired vessel (e.g., office supplies, paper, rags, vehicle or equipment fuel costs, cleaning chemicals, disposable tools, paint buckets, paint brushes, protective clothing). Consumable material shall be included in the contractor's FBLR and not separately priced.

d. 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 ACO will apply these rates to the ODCs for each CCO when it is negotiated and settled.

e. The base cost stated in this CLIN does not include profit or G&A rates.

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

3. AGR details.

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 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.

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 CLIN, 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 ACO. The contractor's failure to submit its proposal within the three (3) day period, or such extended period of time as may be granted, may be considered a failure of the parties to negotiate a fair and reasonable price for the AGR and will permit the ACO 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 for negotiating changes. 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 ACO 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 ACO shall negotiate the scope of the effort. If a fair and reasonable price cannot be negotiated between the contractor and the ACO, the ACO reserves the right to:

1) Have the work performed by the Government;

2) Issue a unilateral modification; or

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 subparagraphs “d.1” and “d.2” above, the contractor waives any right to claims of interference under the DFARS 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 ACO. 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 0009 at contract completion shall be de-obligated.

4. ODC details.

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 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.

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 CLIN, 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 ACO. 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 ACO to take any of the three options set forth in subparagraph “e” below. As part of the contractor’s proposal submission for ODCs, the following shall be included:

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)

The G&A and profit rates proposed shall be the same as the rates provided under CLIN 0002.

c. 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 ACO 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 JTR.

d. 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 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 ACO reserves the right to procure these ODCs utilizing alternative means described in subparagraph “e”, below.

e. Upon receipt of the contractor's price proposal for the AGR the contractor and the ACO shall negotiate the scope of the effort. If a fair and reasonable price cannot be negotiated between the contractor and the ACO, the ACO reserves the right to:

1) Have the work performed by the Government;

2) Issue a unilateral modification; or

3) Cancel the requirement.

f. 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 this work at the contractor's facility. Furthermore, in cases described in subparagraphs “e.1” and “e.2” above, the contractor waives any right to claims of interference under the DFARS 252.217-7011 - Access to Vessels.

g. 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 ACO. 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 0009 at contract completion shall be de-obligated.

5. Attachment J-3, Category “B” WIs, provides a WI breakdown of CLIN 0003 through 0009 pricing.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

ACRONYM TABLE

CONUS

CPARS

Contiguous United States Contractor Performance Assessment Reporting System

PDF

PII

Portable Document Format Personally Identifiable Information

SCOPE OF WORK

1. The contractor shall prepare for and accomplish the VR, overhaul, or alterations of the USNS JOHN LENTHALL (T-AO 189) 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 52.245-1 and DFARS 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 0013 must be submitted to and approved by the KO. A performance milestone schedule and critical path chart shall be developed and submitted IAW 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 0013.

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:

1) 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.

2) 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.

3) 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.

4) 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.

5) 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.

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

7) 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.

8) 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.

9) 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.

10) 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 berthing

· 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

11) 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.

4. 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 requirement 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 IAW 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 instruction in all subcontracts entered into under this contract.

5. 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 requires specific approval by the KO.

6. Substitution of key personnel.

a. The contractor agrees to assign to this contract those persons identified as key personnel who are necessary to fulfill the requirements of this contract and whose resumes were submitted with the proposal. No substitution of key personnel shall be made except IAW these instructions.

b. 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. 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.

7. It is anticipated the ship will arrive at the contractor’s yard on or about 28 MAR 2022. All work shall be completed in no more than 91 calendar days from the actual start date designated by the Government at the time of contract award.

8. The place of performance for this contract shall be the contractor’s facility. Due to operational commitments, the location shall be East/Gulf Coast.

Table 1: List of WIs:

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