Amendment 008 CHAMBERS.docx

N3220521R4221

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been modified:

CLAUSES INCORPORATED BY FULL TEXT

Category "A" WIs

FFP

Prepare for and accomplish the MTA of the USNS WASHINGTON CHAMBERS (T-AKE 11) Total Category "A" WIs

Proposed unit price per KWh of electrical shore power $_____ IAW WI 011, 7.1.1 (d) Proposed unit price per gallon of potable water $______ IAW WI 011, 7.1.3 (b) Proposed unit price per gallon of distilled water $______ IAW WI 011, 7.1.4 (b) Proposed unit price per gallon of bilge water removal $______ IAW WI 011, 7.1.18 (g) Proposed unit price per crane usage $______ IAW WI 011, 7.9.1 Proposed Hazardous Waste handling fee rate IAW WI 023, 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.

FOB: Destination

NET AMT

AGR and ODC

AGR

(7,000) man-hours @ $________ per man-hour = $_____________

ODC

Base $750,000.00

Proposed G&A Rate _______________% Subtotal: $_____________

Proposed Profit Rate _______________% Subtotal: $_____________

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.

NET AMT

Category "B" WI 0026

WI 0026 - Vessel Final Clean

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

TOTAL PROPOSED PRICE FOR CLINS 0001 THROUGH 0005

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, etc.) 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 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.

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 0004 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 0005 at contract completion shall be de-obligated.

5. Attachment J-3, Category “B” WIs, provides a WI breakdown of CLIN 0003 through 0005 pricing.

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