USNS SUPPLY AMEND 002 LGA.docx

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SOLICITATION USNS SUPPLY ROH Federal contract opportunity
Solicitation number
N3220522R4254
Issued by
Department of the Navy Military Sealift Command

About this file

This document is a contract modification summary for solicitation N3220522R4254 for repair and overhaul of the USNS SUPPLY (T-AOE 6). The modification provides clarification questions and answers related to work items and pricing terms. Key details include that the Navy seeks a firm-fixed price contract to prepare for and accomplish repair and overhaul of the vessel. Pricing is established for Category A required work items, aggregate labor and other direct costs using pre-approved rates, and optional Category B work items that can be exercised. The contract also includes terms for additional work that may be ordered using the aggregate labor and other direct cost rates specified in the modification. Military Sealift Command is the contracting agency.

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Other files for this federal contract opportunity

Other files attached to SOLICITATION USNS SUPPLY ROH, newest first.
File Type Posted
N3220522R4254 AMEND 0014 USNS SUPPLY ROH AP.docx DOCX document
N3220522R4254 Amend 0013 .docx DOCX document
N3220522R4254 MOD 11 AP.docx DOCX document
N3220522R4254 AMEND 0012 APPROVEDdocx.docx DOCX document
N3220522R4254 AMEND 0011 APPROVEDdocx.docx DOCX document
N3220522R4254 AMEND 008 USNS SUPPLY COA.docx DOCX document
N3220522R4254 Amend 007 USNS SUPPLY COA.docx DOCX document
N3220522R4254 AMEND 0006 USNS SUPPLY ROH AP.docx DOCX document
N3220522R4254 AMEND 005.docx DOCX document
N3220522R4254 USNS SUPPLY AMEND 4 .docx DOCX document
Approved N32205R4254 AMEND 004 Approved.docx DOCX document
Response 3 doc.doc DOC document
Solicitation Amend 003 LGA.docx DOCX document
J - 2 Category A Items SUPPLY(Rev 2).xls XLS spreadsheet
USNS SUPPLY RFC .docx DOCX document
J-1 WI SPECIFICATION UPDATED USNS SUPPLY.doc DOC document
SUPPLY 2022 JUL ROH DD GFP J4 VerS 2.1.xlsx XLSX spreadsheet
UPDATE 0090_A_LEVEL I DAILY COVID-19 PREVENTION AND CONTROL SERVICES 30DEC21.docx DOCX document
J-4 UPDATE SUPPLY 2022 JUL ROH DD GFP J4 VerS 2.1.xlsx XLSX spreadsheet
J - 10 Update Interport Differential USNS SUPPLY WORD.doc DOC document
AMEND 0001.docx DOCX document
RE-dacted JA N32205-22-R-4254 Combined USNS SUPPLY ROH DD 2.pdf PDF
J - 13 PAST PERFORMANCE QUESTIONNAIRE.docx DOCX document
J - 9 Disclosure of Lobbying Activities SF-LLL.doc DOC document
J - 10 Interport Differential WORD.doc DOC document
J 3 Category B Items SUPPLY.xls XLS spreadsheet
J - 11 Dry Dock Evaluation Form.docx DOCX document
J - 8 Request for Spec Clarification.doc DOC document
J - 7 MSC Ship Repair Facility Survey.doc DOC document
Solicitation N3220522R4254 USNS SUPPLY.docx DOCX document
J-4 (1) Requisition Items.docx DOCX document
J - 14 Technical Data Non-Disclosure.docx DOCX document
J - 12 Past Performance Data.doc DOC document
J - 2 Category A Items SUPPLY.xls XLS spreadsheet
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N3220522R4254

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been added by full text:

RFC CLARIFICATION QUESTIONS

QUESTION 001:

QUESTION:

Section 9 of the RFP does not state the submittal time or due date, please advise.

ANSWER: Section 9 updated posted to Sam.gov. Amend 0001 Question: 002 Multipart question Part 1. We have been provided one folder with (448) files and nothing has been provided that links those files to the work items.

Answer: Update work Items List sent via Dod Safe.

Part 2. In the provided file identified as J-1 W1 SPECIFICATION USNS SUPPLY.doc there is a “List of References USNS Medgar Evers (T-AKE 13)”. Other MSC RFP that we are currently bidding or have previously bid have separated the files by work item. Would you please link the reference files to their respective work items and confirm that all references identified in the work items have been provided?

Answer: Updated WI-(J1) Cover Page uploaded to Sam.gov.

Part 3. Additionally, the solicitation initially provided has a “watermark” across the first page identifying it as a DRAFT. Please confirm that the draft status is no longer applicable.

Answer: Updated solicitation posted to sam.gov

1. SPECIFICATION ITEM NO: 0104

PARAGRAPH / SECTION NO.: 7.1.4 + 7.12

TITLE: 02 Winch deck steel replacement TITLE: 02 Winch deck steel replacement QUESTION: Paragraph 7.1.4 is the quantity five or (6)?,Paragraph 7.12 do we have to use the listed?

ANSWER: Paragraph 7.1.4 is the quantity FIVE (5) Paragraph 7.12 : Recommended source, but preferred

2. SPECIFICATION ITEM NO.: 0107

PARAGRAPH / SECTION NO.: 1.1

TITLE: Flight Deck Safety Nets Repair NEW DWG 13 MARCH 20 QUESTION: Please confirm that the reference to WI 0153 should be 0156?

ANSWER: WI should be 0156 Flight Deck preservation

3. SPECIFICATION ITEM NO.: 0108

PARAGRAPH / SECTION NO.: 7.2

TITLE: CHT TANK MAINTENANCE RECOAT

QUESTION: Please confirm that the reference to WI 0023 should be 0021?

ANSWER: Correct Reference should be 0021

4. SPECIFICATION ITEM NO.: 0110

PARAGRAPH / SECTION NO.: 3.1.2 +7.3

TITLE: WEATHERDECK HANDRAIL REPAIR

QUESTION: The quantities in paragraph 3.1.2 do not match the quantities in 7.3. Please clarify?

ANSWER: Please estimate quantities listed in Para 3.1.2 as ABS always finds additional.

5. SPECIFICATION ITEM NO.: 0153

PARAGRAPH / SECTION NO.: 3.1.2 + 5.6

TITLE: ABS INTERMEDIATE TANK SURVEY (5YR)

QUESTION: Please provide the missing information in paragraph 3.1.2 designated as xxxx (x) and in paragraph 5.6 designated as xx xxxx xxxx?

ANSWER: Please disregard Quantity listed in 3,1,2 Para 5.6 is the date of Commission 26 February 1994

6. SPECIFICATION ITEM NO.: 0158

PARAGRAPH / SECTION NO.: 1.0

TITLE: TANK PRESERVATION

QUESTION: Please confirm that no Work Item 0911 or 911 exists?

ANSWER: 0911 has been renumbered to 0959 as per MSCCOM

7. SPECIFICATION ITEM NO.: 0509

PARAGRAPH / SECTION NO.: 3.1, 7.3.1, 7.3.2

TITLE: SW SYSTEM HOSE REPLACEMENT (5 YR)

QUESTION: Are the hoses to be replaced in the quantities identified in paragraph 3.1 or as a result of paragraph 7.3.1 + 7.3.2?

ANSWER: Please use Para 3.1 for quantity

8. SPECIFICATION ITEM NO.: 0516

PARAGRAPH / SECTION NO.: 2.2.3 + 2.2.2

TITLE: COMMON LIVING SPACE SPRINKLING SYSTEM (1YR)(SCSI)

QUESTION:Paragraph 2.2.3 Enclosure is not enclosed. Please enclose Enclosure 2.2.3?, Paragraph 2.2.2 Enclosure has Work Item listed as 568 and the pages are numbered 568-13 + 568-14. Please confirm that the Enclosure should have the Work Item listed as 516 and the pages should be numbered 516-13 + 516-14?

ANSWER: Please see WI 0516 sent via Dod Safe

9. SPECIFICATION ITEM NO.: 0517

PARAGRAPH / SECTION NO.: N/A

TITLE: AFT STERRING (sic) SECURITY BARRIER QUESTION: Work Item is listed in the original index and the Amendment 0001 index. Will Work Item 0517 be provided?

ANSWER: WI 517 is in the final package

10. SPECIFICATION ITEM NO.: 0520

PARAGRAPH / SECTION NO.: N/A

TITLE: SEAWATER STAINER AND FOUNDATION REPAIR

QUESTION: Work Item is listed in the original index and the Amendment 0001 index. Will Work Item 0520 be provided?

ANSWER: Yes 0520 will be in the final package

11. SPECIFICATION ITEM NO.: 0554

PARAGRAPH / SECTION NO.: N/A

TITLE: INSPECT, TEST, AND CERTIFY MACHINERY SPACE CRANES AND HOISTS (1 YR)

QUESTION: Work Item was provided but does not appear in the original index and the Amendment 0001 index. Is Work Item 0554 valid?

ANSWER: Wi 0554 has been changed to 0555 due to five year requirement

12. SPECIFICATION ITEM NO.: 0563

PARAGRAPH / SECTION NO.: N/A

TITLE: SCBA COMPRESSOR AND FILLING STATION INSPECTION AND MAINTENANCE (1 YR)

QUESTION:Work Item was provided but does not appear in the original index and the Amendment 0001 index. Is Work Item 0563 valid?

ANSWER: Wi 0563 is now 0503. Submitted in fina lrevision package

13. SPECIFICATION ITEM NO.: 0562

PARAGRAPH / SECTION NO.: N/A

TITLE: SCBA ANNUAL INSPECTION

QUESTION:Work Item was provided but does not appear in the original index and the Amendment 0001 index. Is Work Item 0562 valid?

ANSWER: SCBA Wi is 0504 annual requirements

14. SPECIFICATION ITEM NO.: 0602

PARAGRAPH / SECTION NO.: 2.2.1

TITLE: LAUNDRY EQUIPMENT SERVICE LAUNDRY EQUIPMENT SERVICE

QUESTION: Please provide the information that is missing in Enclosure 2.2.1?

ANSWER: Pending

15. SPECIFICATION ITEM NO.: 0653

PARAGRAPH / SECTION NO.: N/A

TITLE: ANNUAL RESCUE BOAT AND DAVIT SERVICE

QUESTION: With Work Item 0654 included in the package, does Work Item 0653 need to be included?

ANSWER: YES both are required

16. SPECIFICATION ITEM NO.: 0654

PARAGRAPH / SECTION NO.: 7.5.4

TITLE: RESCUE BOAT AND DAVIT SERVICE (5YR)

QUESTION: Since only one of the sub paragraphs a. – e. should apply to this vessel, which sub paragraph should be used?

ANSWER: sub paragraph E.

17. SPECIFICATION ITEM NO.: 0912

PARAGRAPH / SECTION NO.: N/A

TITLE: CARGO TANK COATING RENEWAL

QUESTION: Two (2) Work Item 0912 have been provided. Please confirm that the Work Item titled CARGO TANK COATING RENEWAL is the correct Work Item 0912?

ANSWER: Please see WI 0912 sent via Dod Safe.

18. SPECIFICATION ITEM NO.: 0912

PARAGRAPH / SECTION NO.: N/A

TITLE: FREEBOARD PRESERVATION (5 YR)

QUESTION: Two (2) Work Item 0912 have been provided. Please confirm that the Work Item titled FREEBOARD PRESERVATION should be identified as Work Item 0961?

ANSWER Wi 0961 is the FREEBOARD Painting item:

19. SPECIFICATION ITEM NO.: 0921

PARAGRAPH / SECTION NO.: N/A

TITLE: SHELL PLATE WELDING AND REPAIR

QUESTION: Work Item 0921 is not listed in the original index or the Amendment 0001 index. Please confirm if Work Item 0921 is part of this package? If Work Item 0921 is part of this package, paragraph 1.1 states “worked in conjunction with SHAFT removal items”. Please identify which Work Items contain SHAFT removal?

ANSWER: Wi 0921 is not included in this solicitation Shafts will NOT be removed

20. SPECIFICATION ITEM NO.: VARIOUS

PARAGRAPH / SECTION NO.: N/A

TITLE: Various QUESTION:

The following Section 1000 Work Items were provided:

1001Cargo Boom Quadrennial
1002HP Air Relief Valves Calibrate
1003Topping Winch Foundation + Winch Overhaul
1003Cargo Weapons Elevator
1003Cargo Boom (5) Year
1005Cargo Boom Quadrennial
1051HP Air Relief Valves Calibrate

The following Section 1000 Work Items are listed in the index:

1001Cargo Boom Quadrennial
1003Topping Winch Foundation + Winch Overhaul
1004Cargo Weapons Elevator
1051HP Air Relief Valves Calibrate

Please confirm if only those four (4) Work Items listed in the index are part of the package?

ANSWER:

1001Cargo Boom Quadrennial
1003Topping Winch Foundation + Winch Overhaul
1004Cargo Weapons Elevator
1051HP Air Relief Valves Calibrate

Are the only 4 in the final package

21. SPECIFICATION ITEM NO.: 0108

PARAGRAPH / SECTION NO.: 2.2

TITLE: CHT TANK MAINTENANCE RECOAT

QUESTION: Reference identified in paragraph 2.2 has not been found. Please identify if the reference was provided? If the reference was not provided , please provide?

ANSWER: Pending

The following have been modified:

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Category "A" WIs

FFP

Prepare for and accomplish the ROH/DD of the USNS SUPPLY (T-AOE 6) 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, 7.1.2.2 Proposed unit price per gallon of distilled water $______ IAW WI 0011, 7.1.3.2 Proposed unit price per gallon of bilge water removal $______ IAW WI 0011, 7.1.20.3 Proposed unit price per crane usage $______ IAW WI 0011, 7.9.1 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

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

AGR and ODC

AGR

(15,230) man-hours @ $________ per man-hour = $_____________

ODC

Base $_____________

Proposed G&A Rate _______________% Subtotal: $_____________

Proposed Profit Rate _______________% Subtotal: $_____________

SEE PARAGRAPH 2, 3, AND 4.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

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

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

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Category "B" WI 0513

WI 0513 - LAGGING AND INSULATION 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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Category "B" WI 0902

FFP

WI 0902 - DOCKING AND UNDOCKING THE VESSEL

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 0929

FFP

WI 0929 - STEEL RENEWEL

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 0929

FFP

WI 0930 - SHELL PLATE WELDING AND REPAIR

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.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Category "B" WI 0929

FFP

WI 0932 - ULTRASONIC TESTING B-ITEM

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.

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. CLIN 0002: 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:

Abrasive cleaning/blastingTank cleaning
WeldingMachinists (inside and outside)
BurningBrazing
CarpentryElectrical work
Electronic workShipfitting
LaggingPainting
BoilermakingPipefitting
Sheetmetal workEngineering
RiggingStaging/scaffolding
General laborFire Watch

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:

TestingQuality Assurance
PlanningCleaning (except tank cleaning)
Material handling & warehousingSecurity
SurveyingAdministration
TransportationPurchasing staff
LoftingOther indirect support
Supervision

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:

- 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 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:

MaterialEquipment
-Part number- Part number
-Order quantity- Order quantity
-Unit price- Unit price
-Total 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)

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.

(End of Summary of Changes) image1.wmf

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