Amendment 0001 Attachment I Performance Work Statement CM pdf.pdf

PERFORMANCE WORK STATEMENT

1. BACKGROUND

Military Sealift Command (MSC) owns and operates approximately 120 ships. These vessels fulfill various missions such as underway replenishment, oceanographic research, cable repair, roll-on/roll-off, container carriage, special mission, and dry and refrigerated cargo support. MSC’s Engineering Directorate (N7) is responsible for ensuring the crew on each government owned ship has the tools and documentation needed to safely manage stability and stay in compliance with USCG and ABS requirements for safe operation. N7 is also responsible for ensuring that every MSC ship has an accurate salvage model to support salvage operations if ever needed.

Throughout the contract performance period, new ships will be introduced into the MSC fleet while other ships will be retired from service.

2. ACRONYMS AND ABBREVIATIONS

ABS American Bureau of Shipping APM Assistant Program Manager CDRL Contract Data Requirements List CFR Code of Federal Regulation CLIN Contract Line Item Number COR Contracting Officer Representative DOD Department of Defense FAR Federal Acquisition Regulations FTP File Transfer Protocol GFI Government Furnished Information GM Metacentric Height IT Information Technology MSC Military Sealift Command ODC Other Direct Cost PM Program Manager POSSE Program of Ship Salvage Engineering PWS Performance Work Statement PRS Performance Requirement Standards SOLAS Safety of Life at Sea SRD Selected Record Drawing SUPSALV Supervisor of Salvage T&S Trim and Stability TO Task Order TPOC Technical Point of Contact USCG United States Coast Guard VIB Vessel Information Book

3. SCOPE

3.1. Objective – The purpose of this contract is to provide and maintain current, both CargoMaxTM Stability and Loading Software data files and POSSE Salvage models for all ships in MSCs fleet.

CargoMaxTM is the ABS Class-approved on-board stability software used by the MSC fleet.

Licenses for initial CargoMaxTM installation, software maintenance, and a secure FTP site are covered by a sister contract with Herbert-ABS LLC, managed by MSC’s IT Division (N6). This contract supplements the IT Contract by supporting revisions to the ship specific data files needed to tailor CargoMaxTM, associated Trim and Stability Booklets, and other supporting technical documentation when they’re required in support of complete and accurate CargoMaxTM data files and/or POSSE Salvage files.

3.2. Non-Personal Services – Non-personal engineering services shall be provided under this contract.

Personnel rendering the services are not subject; either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

4. SPECIFIC TASKS

This contract will provide non-personal engineering services to the Engineering Directorate of MSC in the form of ship stability, strength, modeling, ballast and load management experts who are authorized users of CargoMaxTM software. Specific task descriptions and instructions, sufficient in detail to allow for Contractor performance, shall be provided with each Task Order Performance Work Statement (PWS) issued under this contract. Tasking will generally include items 4.1 through 4.3 as described below, and may include items 4.4, 4.5 and/or 4.6 when needed to support ABS approval of 4.1 through 4.3.

4.1. CargoMaxTM data files, discs & Vessel Information Books (VIBs)

• Develop CargoMaxTM data files for ships new to MSC’s fleet. The license fees and software maintenance is funded by a separate contract between Herbert-ABS and MSC’s IT division (N6).

• Revise CargoMaxTM data files to accurately reflect changes to ships configuration and mission through its life cycle.

• Prepare Vessel Information Booklets to provide user instruction in the use of the ship specific CargoMaxTM files.

• Prepare supporting documentation and analysis required for regulatory body approval.

• Obtain ABS approval

4.2. Trim and Stability Booklets (Selected Record Drawing (SRD)

• Develop Trim and Stability (T&S) Booklets for ships new to MSC’s fleet in MSC’s standard format.

• Revise T&S Booklets as needed to accurately reflect changes to ships configuration and mission through its life cycle. Typical changes include:

o Changes to ABS approved lightship values o Installation of permanent ballast o Changes to ship configuration including addition or reconfiguration of tanks o Changes in regulatory requirements (USCG, CFR, ABS, SOLAS) or MSC standard format o Changes to referenced documentation (Cargo Securing Manual, Loading and Ballasting

Manuals)

• Obtain ABS approval

4.3. Program of Ship Salvage Engineering (POSSE) Models.

• Develop POSSE Models for ships new to MSC’s fleet

• Revise POSSE Models to accurately reflect ships configuration through its life cycle.

• Add, revise, update structural strength stations including section properties.

• Store current models on the FTP site funded through a separate contract between Herbert-ABS and

MSC’s IT division (N6) to allow 24/7 access to MSC and SUPSALV.

4.4. Analysis to Determine Minimum Required GM, and changes to operational restrictions. Damage and/or Intact Stability Analysis may be tasked when needed to support ABS approval of 4.1 and 4.2.

• Original stability analysis is not available

• Ship mission changes are being considered that require operation outside approved trim limits or other restrictions

• Conduct ship surveys as tasked, when GFI is not available or adequate.

• Obtain ABS approval where required.

4.5. Additional stability related ship specific Selected Record Drawings (SRDs) including Tank Capacity and Sounding Tables, Ship Capacity Plans, Lines Plans and Table of Offsets, Cargo Securing Manual, Ballasting Manuals, Loading Manual, Operations Manual and Stored Characteristic Book may be tasked when needed to support ABS approval of 4.1 and 4.2.

• Develop stability related SRDs for ships new to MSC’s fleet when original documentation is not available

• Revise stability related SRDs when needed to reflect configuration changes for consistency with POSSE model and CargoMaxTM.

• Conduct ship surveys (including hull scans) as tasked, when GFI is not available or adequate.

• Obtain ABS Approval where required.

4.6. Training

• Training for ship crew in the use of CargoMaxTM

• Training for shore side Naval Architects in the use of POSSE and other supporting Herbert-ABS Software

5. PLACE OF PERFORMANCE

Work will be performed at the Contractor’s facility. When a task order includes travel for a ship survey, the place of performance will be aboard a ship at a government/non-government site in the continental United States and its Territories; and/or outside the United States in overseas locations.

6. PERIOD OF PERFORMANCE

The period of performance will consist of a five (5) year ordering period.

Ordering Year 1 26 June 2024 - 25 June 2025

Ordering Year 2 26 June 2025 - 25 June 2026

Ordering Year 3 26 June 2026 - 25 June 2027

Ordering Year 4 26 June 2027 - 25 June 2028

Ordering Year 5 26 June 2028 - 25 June 2029

7. CONTRACT TYPE

This will be a firm fixed price, indefinite delivery/indefinite quantity (IDIQ) type contract with reimbursable costs for actual travel expenses. Under this type of Contract, no work may be performed until directed by Task Order

(TO).

8. DELIVERABLES

Task Order Deliverables/Delivery Schedule – The identifiable deliverables generated by each Task Order shall be in the form of engineering analysis, metrics and reports. Deliverables shall be identified by each individual Task Order. In any case, all deliverables shall be of sufficient completeness to stand alone and provide a complete record of the task accomplished.

8.1. Contract Data Requirements

8.1.1. Task Schedule: The Contractor shall provide a monthly Plan of Action and Milestones during each month that has an active task (CDRL 001)

8.1.2. Monthly Meeting Minutes: The Contractor shall submit monthly meeting minutes during each month that has an active task. (CDRL 002)

8.1.3. Ship Check Plans and Trip Reports: The Contractor shall provide a trip report for every visit to a ship (CDRL 003)

8.1.4. Engineering Product Deliverables: Requirements for deliverables will be contained in the individual Task Orders & (CDRL 004).

8.2. Format of Deliverables – Copies of all deliverables shall be submitted to the COR in electronic form (Microsoft Office Products, AutoCAD and Adobe products where applicable). Requirements for hard copy deliverables including CargoMaxTM disks will be specified within each Task Order.

8.3. Software and Software Development Tools – Contractor shall maintain compatibility with the following MSC software: Microsoft Office 2016 suites, Windows XP, Windows 7, Windows 10, Windows 11, AutoCAD 2012 or earlier, HECSALV, Autodesk Inventor.

8.4. Submission of Deliverables – The contractor has no more than two reviews of submittals prior to Government acceptance.

9. PERFORMANCE STANDARDS

This is a Performance Based Contract in accordance with FAR 37.6. The PWS provides specific requirements to accomplish the work. Contractor shall be evaluated on ability to provide quality deliverables in an efficient manner.

The Government shall monitor the Contractors’ performance under this contract using the Required Performance Metrics (Quality Assurance Surveillance Plan) in Attachment II.

9.1.

9.2.

Contract Discrepancy Report. The Government will utilize a Contract Discrepancy Report found in Attachment III to document any performance issues along with corrective actions.

Failure to deliver on schedule may result in a fee assessment equal to the daily rate of the contract value over the five-year ordering period, or adjustment of the invoice, at the contracting officer's discretion.

10. GOVERNMENT FURNISHED INFORMATION (GFI)

10.1. MSC QMS N7.72.9085.010-WP Drawing Development and Revision

10.2. MSC N7 TPOC will provide ship specific technical information as required for each task with the request for quote.

11. TRAVEL

11.1. Each task order that requires travel will include a firm fixed price limitation for travel costs.

Contractor shall not exceed or incur costs that exceed the amount of funding stated on the task order without prior authorization by the Contracting Officer. The Government is not obligated to reimburse the Contractor for travel in excess of the funded amount stated in the task order.

11.2. Contractor shall be reimbursed for the reasonable, allowable, and allocable cost of transportation, lodging, meals, and incidental expenses only to the extent that they do not exceed on a daily basis the maximum per diem rate in effect at the time of travel as set forth in the DOD Joint Travel Regulations located at https://secureapp2.hqda.pentagon.mil/perdiem/. Airfare shall not exceed the lowest customary standard, coach, or equivalent airfare quoted during normal business hours.

Actual cost does not include handling charges, general and administrative cost, overhead, profit or any other indirect cost.

11.3. Contractor is not obligated to continue or otherwise incur travel costs in excess of the funded amount stated in the task order unless the Contracting Officer notifies the Contractor in writing that the funded amount has been increased. In the event notification is made orally, such notification shall be followed up in writing within two working days.

11.4. No verbal or written notice, communication, or representation from any person other than the Contracting Officer shall affect the Government’s obligation to the Contractor.

11.5. Change orders shall not be considered an authorization to exceed the funded amount stated in the task order unless authorized by a Contracting Officer.

12. ORDERING PROCEDURES

12.1. After Contract award, individual task orders will be issued in accordance with FAR 16.505 as necessary to support Contract requirements. The Contractor will be sent a Request for Quotes (RFQ) for services to be performed. Each RFQ will include a PWS, GFI and instructions for submitting quotes.

12.2. RFQ Response – Contractor shall respond to each RFQ within the time established by the Government for response (response time may vary per order). In response to the RFQ, Contractor shall provide a firm, fixed-price quote to complete the requirements and provide any additional information as required by the RFQ instructions or respond with a statement regarding their decision not to quote.

12.3. Electronic mail is an acceptable form of transmission for all Orders, Modifications, and correspondence issued under this contract. Orders may be issued orally by the Contracting Officer; however, orally issued orders will be followed up with a written order within three to five business days.

12.4. Award and Notice – The Contractor will be directed to commence work via a TO sent from the Contracting Officer. The Contractor shall provide notice of acceptance of the TO by signing the SF 1449 and returning it to the Contracting Officer.

13. PERSONNEL

All personnel labor categories are authorized users of CargoMaxTM.

13.1. Personnel Labor Categories – Personnel qualifications for each relevant labor category are set forth below. Personnel must be able to pass the Defense Biometric Identification Data System (DBIDS) screening.

o Program Manager (PM)

• Bachelor’s Degree in naval architecture or similar engineering program.

• Ten (10) years of naval architecture/stability experience

• Five (5) years of experience in project management or program planning.

• Prior experience as a PM or Assistant PM for at least two contracts of a similar nature and size.

o Senior Naval Architect/Engineer

• Ten (10) years of naval architecture/stability experience in commercial ship operations and stability requirements.

• Knowledge of and experience in the application of rules and regulations of the

American Bureau of Shipping (ABS) and the United States Coast Guard (USCG) for commercial ships.

o Naval Architect/Engineer

• Five (5) years of naval architecture/stability experience in commercial ship operations and stability requirements.

• Knowledge of and experience in the application of rules and regulations of the

American Bureau of Shipping (ABS) and the United States Coast Guard (USCG) for commercial ships o Junior Naval Architect/Engineer

• One (1) years of naval architecture/stability experience in commercial ship operations and stability requirements.

• Knowledge of and experience in the application of rules and regulations of the

American Bureau of Shipping (ABS) and the United States Coast Guard (USCG) for commercial ships o CAD Operator /Junior Designer

• High school diploma or equivalent

• Two (2) years’ experience with developing/revising drawings in AutoCAD

13.2. Program Management Personnel – The Contractor shall designate an individual as the Program Manager with complete authority to decide all technical matters connected with this contract. The Contractors shall designate at least one Assistant Program Manager as an alternate manager with the authority to act as and on behalf of the Program Manager in the event of the absence or incapacity of the designated Program Manager. The Contractor shall advise the Contracting Officer, in writing, which specific persons have the decision-making authority described herein.

13.3. Key Personnel – General Provision: The positions identified below are key personnel positions under this Contract. No substitutions shall be made except in accordance with paragraphs 13.4 and

13.5 below.

• Program Manager

• Senior Naval Architect/Engineer

13.4. Guidance on Substitutions – The Contractor agrees that during the first ninety (90) days of the contract performance period, no key personnel substitutions will be permitted unless such substitutions are necessitated by an individual’s illness, death, or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required below. After the initial ninety (90) day period, all substitution proposals must be submitted, in writing, at least fifteen (15) days in advance of the proposed substitution to the Contracting Officer, and provide information required below.

13.5. Requests for Substitution – All requests for substitutions must provide detailed explanations of the circumstances necessitating the proposed substitutions, a complete resume for the proposed substitute and all additional documentation, and any other information requested by the Contracting Officer needed to approve or disapprove the proposed substitution. All proposed substitutes must have qualifications that are at least the equivalent of the qualifications of the person to be replaced. The Contracting Officer or authorized representative will evaluate such requests and promptly notify the Contractor of approval or disapproval.

14. OTHER PERTINENT INFORMATION, GUIDELINES, AND ASSUMPTIONS

14.1. Identification of Non-Disclosure Requirements – The Contractor will be required to work with business sensitive information in the performance of this contract. No sensitive or proprietary information of, or in the possession of Military Sealift Command or any of its operating units, will be disclosed without the written consent of the Contracting Officer. A non-disclosure agreement concerning information gained or used during performing under this contract must be signed prior to the start of the contract. The agreement must be signed by any personnel who have access to sensitive business information and their employer. The required non-disclosure agreement is included as Attachment IV.

14.2. Security Requirements

14.2.1. Work performed under this Contract will be at the UNCLASSIFIED level.

14.2.2. Contractor shall comply with all applicable public laws, government regulations, and command procedures regarding privacy.

14.2.3. All personnel performing work under this Contract shall be United States citizens.

14.3. Contractor Identification

14.3.1. Contractor employees must be clearly identifiable while on Government property by wearing appropriate badges. The Contractor is responsible for providing its own identification badges.

14.3.2. Contractor personnel and their sub-Contractors must identify themselves as Contractors or sub-Contractors during meetings, telephone conversations, in electronic messages, or correspondence related to this Contract.

14.4. Service Contract Reporting on SAM.gov: The Contractor shall report annually on the SAM.gov website in the SCR Entity Reporting as required by October 31, on the services performed, during the preceding Government fiscal year (October 1 - September 30).

14.5. Data Rights

14.5.1. All work performed by the Contractor under the Contract shall become the exclusive property of MSC in which the Government shall have unlimited rights. The Contractor shall not deliver or otherwise provide to the Government technical data or computer software, to include the deliverables under the Contract, with restrictions, including those as to use, modification, reproduction, and transfer, or with restrictive markings.

14.5.2. At any and all times, the Contractor agrees to promptly provide to the Government at no additional cost such documents, codes or other materials and information that are necessary to permit the Government's full enjoyment of its rights in the deliverables as described above.

14.6. Designation of Contracting Officer’s Representative (COR)

14.6.1. The Contracting Officer has designated the person named below as the authorized COR for this contract:

Donald Clark Donald.E.Clark233.civ@us.navy.mil

14.6.2 The COR will represent the Contracting Officer in the administration of technical details within the scope of this contract and will perform inspection and acceptance of all deliverables. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The COR does not have the authority to alter the Contractor's obligations or change the specifications in the contract or issue Task Orders. If, as a result of technical discussions, it is desirable to alter contract obligations or statements of work, a modification must be issued in writing and signed by the Contracting Officer. The COR is responsible for reviewing the invoices submitted by the Contractor and informing the Contracting Officer of areas where exceptions are to be taken. The COR authority is non-delegable.

The COR may be personally liable for unauthorized acts.

14.7. Authorized Changes Only by the Contracting Officer

14.7.1. Except as specified in paragraph below, no order, statement, or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this Contract shall constitute a change under the Changes clause of this Contract.

14.7.2. The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this Contract.

14.7.3. The Contracting Officer is the only person authorized to approve changes in any of the requirements of this Contract and notwithstanding provisions contained elsewhere in this Contract, said authority remains solely the Contracting Officer’s. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the Contract price to cover any increase incurred as a result thereof.

14.7.4. Subcontracting Arrangements - Contractor shall identify any subcontracting arrangements in each Task Order quote. MSC reserves the right to approve or disapprove any potential subcontractor.

15. ADDITIONAL REQUIREMENTS

15.1. Safety – The contractor is solely responsible for compliance of all safety regulations of employees while working on government owned facilities. All accidents which may arise out of, or in connection with, performance of services required hereunder which result in injury, death, or property damage, shall be reported in writing to the Contracting Officer and cognizant Contracting Officer Representative (COR) within twenty-four hours of such occurrence. Reports shall provide full details of the accident, including statements from witnesses. The foregoing procedures shall also apply to any claim made by a third party against the contractor as a result of any accident that occurs in connection with performance under this contract.

15.2. Personal Protective Equipment (PPE) – Contractor employees performing services under this contract shall wear contractor furnished PPE during shipboard visits and while in any industrial areas as may be required under the contract task orders. PPE shall include adequate hearing protection, eye protection, steel toe shoes meeting the requirements of ASTM F2413, hard hats that meet or exceed all applicable requirements for a Type I (top impact) helmet as outlined in ANSI Z89.1 2003, Class E, and fire rated clothing (either a 1-piece coverall or a separate shirt and pants) bearing a minimum rating of HRC-2 per NFPA 70E. Fire Retardant clothing must have external manufacture’s tags bearing both Fire Retardant (FR) and HRC-2 designations.

15.3. Non-Personal Service Statement – Contractor employees performing services under this order shall be supervised at all times by management personnel of the contractor. Contractor management shall ensure that employees properly comply with the performance work standards outlined in the statement of work. Contractor employees will perform their duties independent of, and without the supervision of, any Government official or other Defense Contractor. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation. The Government shall control access to the facility and shall perform the inspection and acceptance of the completed work.

15.4. Government Management Oversight – Government management shall provide general instructions on limitations and deadlines. Additional instructions will be provided for any unusual assignments or those that vary from established procedures. The contractor’s employees will independently carry out the assignments. Completed work will be spot-checked by Government management for adherence to procedures, accuracy, completeness.

15.5. Government Property Furnished – The work under this contract may be located at a Government site or installation. Property that is incidental to the place of performance; such as when the contract requires contractor personnel to be located on a Government site or installation where the use of Government-provided office space and equipment, e.g., chairs, telephones, and computers, is standard practice shall be made available and used by contractor personnel. The contractor shall maintain the assigned office space in a neat and orderly manner. Contractor shall only use Government provided items to accomplish the tasks required under this contract. Personal or company use of equipment such as phones, utilities, computers, printers and copiers, not directly related to the required services is strictly prohibited. Contractor personnel shall not remove any Government provided items from the worksite without the express written permission of the Contacting Officer.