N32253-18-R-0019.pdf

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until 07:00 AM local time 16 Apr 2018

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59 - 67

X H 68 - 71

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

Prescribed by GSA

FAR (48 CFR) 53.214(c)

DO-A3 1 71

(If other than Item 7)

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

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

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

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N32253 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

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

See Section L conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 12

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

13 - 31 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

32 - 33

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 35 - 38 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 39 - 43 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

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

44 - 52

PART II - CO NTRACT CLAUSES

PEARL HARBOR NAVAL SHIPYARD & IMF

667 SAFEGUARD ST., STE 100,

JBPHH HI 96860-5033

808-473-8000

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

13 Mar 2018

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N3225318R0019

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

BASE YEAR FFP

FFP

Job

FIRM FIXED PRICE SHIP/CRAFT REPAIR AVAILABILITIES-BASE YEAR

Accomplish depot level maintenance and repair availabilities of U.S. waterborne vessels and surface ships visiting or homeported in the Hawaiian Islands, as specified in each delivery order.

Estimated labor trade includes, but is not limited to:

Shipfitting

Sheet Metal Work

Welding

Pipefitting

Machinist/Mechanical

Electrical

Woodworking

Rigging

Painting

Insulation

Other

Estimated Man Hours: 177,769 HRS

Burdened Labor Hour Rate (CEILING RATE) $________

(Rate shall include wages, overhead, indirect costs, general and administrative expense)

Profit Rate (Hourly) $_________

Fully Burdened Labor Hour Rate (Burdened Labor Hour Rate plus the Profit Rate)

Overtime Fully Burdened Labor Hour Rate (Overtime Burdened Labor Hour Rate plus the Profit Rate) $_________

Total Estimated Labor: $________

(Estimated Man-hours multiplied by Fully Burdened Labor Hour Rate)

Estimated Materials (Included subcontracts) $2,779,000

Material Handling Rate (if applicable) (CEILING RATE) ________%

Estimated Material Handling Cost: $_________

(Estimated Materials multiplied by Material Handling Rate)

TOTAL ESTIMATED MATERIAL

(Estimated Materials plus Estimated Material Handling Cost)

TOTAL ESTIMATED LABOR & MATERIAL: $________

FOB: Destination

NET AMT

OPTION YEAR ONE

OPTION FIRM FIXED PRICE SHIP/CRAFT REPAIR AVAILABILITIES

Sheet Metal Work

Welding

Pipefitting

Machinist/Mechanical

Electrical

Woodworking

Rigging

Painting

Estimated Man Hours: 88,320 HRS

Estimated Materials (Included subcontracts) $1,104,000

OPTION YEAR TWO

Sheet Metal Work

Welding

Pipefitting

Machinist/Mechanical

Electrical

Woodworking

Rigging

Painting

Estimated Man Hours: 107,520 HRS

Estimated Materials (Included subcontracts) $1,344,000

OPTION YEAR THREE

Sheet Metal Work

Welding

Pipefitting

Machinist/Mechanical

Electrical

Woodworking

Rigging

Painting

Estimated Man Hours: 87,520 HRS

Estimated Materials (Included subcontracts) $1,094,000

OPTION YEAR FOUR

Sheet Metal Work

Welding

Pipefitting

Machinist/Mechanical

Electrical

Woodworking

Rigging

Painting

Estimated Man Hours: 95,520 HRS

Estimated Materials (Included subcontracts) $1,194,000

CLAUSES INCORPORATED BY FULL TEXT

HQ B-2-0004 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)

(a) As part of the negotiated fixed price or total estimated amount of this contact, both the Government and the

Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $500 or less at the time of final contract closeout. The term “residual dollar amount” shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.

(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Background. This performance work statement (PWS) defines the scope of the contract, identifies documents applicable to performance of this contract and generally describes the types of work that the Government will order under this contract. Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility (PHNSY & IMF) intends to utilize this contract to order the repair, maintenance, and alteration of U.S. Government waterborne vessels (e.g., District Craft, Living Barges, Caissons, Admirals Barges, Torpedo Retrievers, Rigid Hull Inflatable Boats, etc.) and surface ships (e.g., Destroyers, Cruisers, Aircraft Carriers, etc.) visiting or home ported in the Hawaiian Islands and to procure long lead time material in support of these activities. The Government anticipates that the work to be ordered will take place primarily during Fleet Maintenance Availabilities (FMAs) and Docking Fleet Maintenance

Availabilities (DFMAs). However, interdeployment upkeep work may also be ordered under this contract.

The successful Indefinite-Delivery, Indefinite-Quantity Multiple Award Contract (IDIQ-MAC) holder(s) will be responsible for all work required under a Delivery Order (DO), regardless of whether specific work items are performed with in-house resources or are subcontracted. The Prime Contractor(s) are responsible for all contracted and sub-contracted labor, management, supervision, coordination, quality control, quality assurance, quality management, safety management, environmental management, material, equipment, and transportation necessary to perform the requirements of each ship maintenance, modernization and repair DOs.

In performing this contract, as tasked in individual DOs, the prime contractor(s) shall:

Provide all required facilities and supporting services and equipment (except those furnished by the

Government under express provisions of this contract or DO) in the Pearl Harbor Homeport.

Provide an established management organization geared toward ship repair at all levels of size, value and complexity, with clear lines of authority, delegation of responsibility and mid-level managerial positions, capable of managing production, quality assurance, material procurement/control and subcontractor control and developing and integrating planning, estimating and scheduling functions.

Assign one lead project manager for each delivery order and this person shall coordinate all aspects of the delivery order with the designated Government representative and vice versa. The contractor lead project manager will keep the Government representatives apprised of schedule, technical, material and financial issues pertinent to the delivery order.

Complete, control, integrate, schedule, and progress a diverse set of ship repair capabilities.

Provide engineering and design support to diagnose and evaluate technical problems and issues and to make competent technical recommendations.

Procure and control material. This includes purchasing, monitoring, receiving, inspecting, segregating, issuing, determining nonconformance, and disposing of material. This also includes providing an inventory system for both Government Furnished Material and Contractor Furnished Material, including ordering, tagging and warehousing of material. All materials selected for installation must meet the specified standard military performance specifications, Federal performance standards, and may require to be listed on a Qualified Products

List (QPL) for shipboard installations to ensure meeting the designated/engineered requirements for boundary locations, fire insulating/fire retardant properties, durability requirements, and for the reduction of toxic compounds produced/released should the material be ignited or installed in a confined space.

Provide a quality control organization that, as a minimum, adheres to the requirements of ANSI/ISO/ASQ 9001-

2008 and 009-04 standards.

Perform Non-Destructive Testing.

Provide Qualified Welding.

Manage subcontractors, including selecting, scheduling, managing, monitoring and controlling of subcontractors.

Manage all Safety/Security, including performing safety training, provide required first aid/medical services, performing fire protection/procedures, and providing physical yard security.

Control Hazardous Material/Waste. Satisfy all legal requirements for removal, storage and disposal of hazardous waste. This includes providing segregated storage of Hazardous Material, obtaining all required

State/Federal agency issued hazardous waste generator numbers and disposal documentation.

The Work Authorization Form Coordinator (WAFCOR) shall be responsible for the work authorization control process for all Repair Activity (RA) work being performed during the contract performance period. Work must be completed IAW NAVSEA SI 009-106. The WAFCOR shall receive, process, compare, and coordinate all

Work Authorization Forms (WAFs) and Technical Work Documents (TWDs) submitted by RAs in accordance with the requirements of Volume IV, Chapter 10, of the Joint Fleet Maintenance Manual.

Provide schedules and associated reports IAW NAVSEA standard item 009-60 and 09-111.

Interfaces with Other Maintenance Activities. Alterations may be performed by other activities separate from work ordered under this contract. Alteration Installation Team (AIT) efforts may require interface or teaming between Contractors. Alterations that may be included in AIT efforts include but are not limited to safety alterations, alterations requiring special skills or tools, alterations best installed by one Contractor to meet schedules, or those alterations that will result in significant savings to the Government if installed via AIT. Coordination of

AIT work and work ordered under this contract may be required during certain periods of industrial work.

Definitions of alterations and AIT are provided below to ensure all have an understanding of other types of industrial work that may be accomplished by other activities.

Per the Fleet Modernization Program Management and Operations Manual, SL720-AA-MAN-010, and for the purposes of this contract, “Alteration” and “Alteration Installation Team” are defined as:

Alteration – Any change in the hull, machinery, equipment or fittings that involve a change in design, materials, number, location or relationship of an assembly’s component parts whether the change is separate from, incidental to, or in conjunction with repairs.

(AIT) – A Navy team (military, civilian or civilian Contractor team) under the direction of Navy personnel that is trained and equipped to accomplish specific ship alterations (SHIPALTS) or temporary modifications on specified ships.

Other entities, including but not limited to, Ship’s Force and Government contractors that may perform maintenance repairs or alterations during availability periods for the vessels. The Contractor shall accommodate these activities as required and as outlined in specific delivery orders.

DELIVERY ORDER REQUIREMENTS

Delivery Orders (DO) may provide more detailed requirements than those provided in the basic contract award. If a

DO does not provide a specific requirement, the terms and conditions of the basic contract shall apply. Each DO

RFP will include technical documents such as work specifications, standards, drawings, publications or other documents and statements of work to allow IDIQ-MAC holders to prepare proposals.

Whenever specifications, standards, drawings, publications or other documents are cited without issue number, revision, date or amendment number identified, the revision, date or amendment in effect as of the date of the DO issuance shall apply. Wherever specific issue number, revision, date or amendment number for specifications, standards and publications are specified, the issue specified shall apply.

In the execution of this contract, specific references for individual items and associated referenced technical documentation shall be identified in each DO. These references may include, but are not limited to, the following documents:

1. General Specifications for Overhaul of Surface Ships (GSO)

2. General Specifications for Overhaul with the AEGIS Addendum (GSO SUPPL)

3. Military Standards and Military Performance Specifications

4. Technical Manuals

5. Naval Operations (OPNAV) Instructions

6. Commercial and Industry Standards

7. Government Standards, Technical Drawings and Documentation

8. Joint Fleet Maintenance Manual (JFMM)

The Contractor shall comply with all NAVSEA Standard Items (NSIs) to be specified in each DO as follows:

All Category I Standard Items shall be invoked in every DO at a minimum without further reference.

Category II Standard Items shall be referenced in each applicable Work Item and/or Statement of Work.

Contractor shall comply with all Local Standard Items to be specified in each DO.

The Contractor shall comply with all local requirements in addition to State and Federal Environmental, Safety, and

Health (ESH) regulations.

NOTE: The contractor shall comply with the latest revision of these documents in effect at solicitation closing and when each option year is invoked. Additionally, in the event that there is any conflict between the references, NSIs, Local Work Templates (LWTs), and Standard Work Templates (SWTs) take precedence over technical manuals, other specifications, and other references.

Individual delivery orders will describe the work requirements to be performed by the contractor. The types of vessel repair work anticipated under this contract include, but are not limited to, the following:

Shipfitting types of work. Cutting (gas, arc and shear), rolling, shaping, grinding and fitting steel plates and shapes.

Sheet Metal work. Forming, shaping, cutting (gas, arc and shear) and stamping steel and aluminum sheets.

Welding. Welding plates and shapes (steel and aluminum), sheet metal (steel and aluminum) and piping joints and fittings.

Pipefitting. Targeting, fitting, bending, pickling, testing, stress relieving and threading all kinds of pipe

(including brazing).

Machinist/Mechanical (shop and marine). Removing, machining, repairing, testing, cleaning, hydraulic, flushing and reinstalling shafting, propellers, sea chests, foundations, winches, elevators, hoists, davits, deck equipment, pumps, valves and bearings among other things.

Electrical. Installing and checking out ships’ cabling, controllers, switchboards, equipment, motors (including motor rewind and repair), lighting, communications, telephones, solenoids, pressure level indicators and metering.

Electronics. Removing, repairing, (re)installing and operational testing of electronic equipment.

Woodworking. Repairing hulls made of wood.

Rigging. Removing and installing major ship components and equipment.

Painting. Abrasive blasting and spray painting various of surface types (metal and wood)

Insulation. Removing and installing various lagging types on ducting and piping.

EXECUTION

DELIVERY ORDER MODIFICATIONS

Unless a DO specifies otherwise, the following processes shall be strictly followed. Adherence to the process will be assessed and documented, as applicable, in an Offeror’s past performance evaluations (e.g. Contractor

Performance Assessment Reporting System (CPARS) and future DO proposal evaluations).

IDENTIFICATION OF CONDITION FOUND

In accordance with the requirements of NAVSEA Standard Item 009-01, the contractor shall identify needed repairs and recommend corrective action during DO performance for work/deficiencies discovered which are not covered by the existing work package. For conditions to impact the critical path(s) /controlling item(s), the contractor shall notify the government via electronic media within 24-hours of discovery. This initial notification need not include all content required for a Condition Found Report (CFR), but must include a description of the condition/deficiency and an estimated timeframe for the Offeror’s professional recommendation for resolution, which shall not exceed five (5) days as specified below.

NOTIFICATION TO GOVERNMENT

CFRs shall be submitted through the Navy Maintenance Database Re-platform (NMDR) within three (3) working days of discovery of the condition. At a minimum, the CFR will include the following:

(1) Identify contract, DO, ship, and hull number

(2) Serialized by CFR number

(3) Identification of the applicable Work Item number

(4) Date requirement was discovered

(5) Description of the work requirement

(6) Specific location of the work

(7) Recommendation for corrective action

(8) Recommendation for the appropriate/best time to accomplish the work (i.e. during current availability with or without schedule change, future Chief of Naval Operations (CNO) or Continuous Maintenance Availability).

Provide supporting rationale for the recommendation, such as cost efficiencies, availability of work force, availability of material, premium expenditures, etc.

(9) Identification of related changes, if any, to the internal milestones and production and contract completion dates.

(10) Rough Order of Magnitude (ROM)

GOVERNMENT REVIEW AND RESPONSE TO CFR

The Government shall review the CFR. If the CFR is inadequate or incomplete, the Government will reject the

CFR. The 5 day requirement for submittal of the CFR will continue to accrue after the rejection. As appropriate, the

Government and contractor will need to meet, conduct ship checks and/or discuss the recommendation for corrective action further to determine the full scope of work required prior to final approval of the CFR. The contractor's accuracy reflected in the CFRs submitted may be evaluated in CPARS and utilized for past performance ratings on future DOs.

REQUEST FOR CONTRACT CHANGE

When the requirement is validated and fully scoped, the Government will generate a Request for Contract Change

(RCC) and the Contracting Officer will request a proposal from the contractor.

The contractor shall provide all Change Order Price Analysis (COPA) proposals to the Contracting Officer in response to RCCs within three (3) business days. A COPA addressing a change to a FFP delivery order shall include at a minimum:

a. Labor hours to be performed by the Prime Contractor __________

b. Total Prime Contractor labor amount $__________

c. Subcontractor Quote* (If applicable) $__________

d. Material Quote* (If applicable) $__________

e. Mark-up (If applicable) $__________

f. Total Adjusted Price $__________

*Documentation must accompany the COPA for the COPA to be considered submitted to the Contracting Officer.

If circumstances arise where the contractor is unable to submit a COPA within three (3) business days, the contractor shall notify the Government in writing of the specific circumstances and provide a date in which a COPA proposal will be submitted. Notification of late submission of a COPA proposal does not exempt the contractor from meeting the three (3) business day requirement, but will be considered by the Government when conducting a

CPARS evaluation. The contractor’s timeliness in submitting COPAs in response to RCCs may be evaluated in

CPARS and utilized for past performance ratings on future DOs.

MODIFICATION NEGOTIATION

Once the Government receives the contractor’s proposal, it will evaluate and negotiate it in accordance with applicable Agency regulations and policies. If necessary, the Government may issue unilateral modifications to accomplish required work using the pre-priced labor and material rates, outlined in Section B of this contract or as specified in individual DOs.

SECURITY REQUIREMENTS

Contractor personnel shall comply with all current badging and security procedures required to gain access to any

Government site (e.g. DBIDS). Access to Naval Installations sites may only be gained by obtaining a badge (either permanent or temporary) from the security office. It is the contractor’s responsibility to check for and obtain changes and updated information at each installation on a continual basis.

BASIC CONTRACT DELIVERABLES & REQUIREMENTS

Contractors receiving IDIQ-MAC awards shall submit the following to the PHNSY&IMF Contracting Officer within 30 days of award. Contractors will not be eligible to be awarded Delivery Orders until reports are provided and approved. The Government will ordinarily review the plan in 30 days.

ENVIRONMENT PROTECTION PLAN to include the following

Description of the Environmental Protection Plan o General overview and purpose o General site information, include Pre-Construction site survey o A letter signed by an officer of the contractor appointing the Environmental Manager and stating that he/she is responsible for managing and implementing the Environmental Program as described in this contract. Include in this letter the Environmental Manager’s authority to direct the removal and replacement of non-conforming work.

Protection of Natural Resources o Land and water resources

Methods to ensure Compliance o Storm Water Management and Control o Prevention of Spills and Releases to the Environment o Procedures to prevent spills and releases to the environment o Notifications in the event of a spill or release to the environment o Pollution Prevention and Hazardous Waste minimization o Procedures to reduce potential for Hazardous Waste generation o Procedures for Control and disposal of solid waste o Procedures for Control and disposal of Hazardous Waste, Universal Waste, Polychlorinated Biphenyl

(PCB), Asbestos, Universal waste, Industrial waste, etc.

o Procedures to be employed to ensure a written waste stream determination of all wastes which are to be generated o Methods of accumulation (i.e., in tanks and/or containers) and designation of individual responsible for waste accumulation sites o Management procedures for identification, storage, labeling, transportation, and disposal of hazardous waste and universal waste (treatment of waste is not allowed) o Management procedures for recyclable hazardous materials o Management procedures for used oil

Training o Procedures to be employed to ensure all required employees are trained and training records are maintained on site as required by law o Training program/plan

Self-Monitoring and Self-Assessment o Procedures for self-regulating/monitoring to ensure compliance including documentation o Procedures for annual self-assessment to assess overall environmental compliance

QUALITY ASSURANCE MANAGEMENT SYSTEM (in accordance with NAVSEA Standard Item 009-04)

SAFETY PLAN (in accordance with NAVSEA Standard Item 009-74)

HEAVY WEATHER PLAN (in accordance with NAVSEA Standard Item 009-69)

SECURITY PLAN (in accordance with NAVSEA Standard Item 009-72)

FIRE PREVENTION PLAN (in accordance with NAVSEA Standard Item 009-07)

MEETINGS

Contractor and Government representatives shall meet monthly or as required by the Government, for the duration of the contract to review the Contractor’s performance in providing services under this contract. In addition to those meetings required by the NAVSEA Standard Items, Contractor personnel shall be available for informational meetings with the Project Manager to discuss the direction, progress, results, and/or issues that occur during the performance of each DO placed under this contract. The Contractor shall include attendance of meetings as part of their fully burdened ship repair labor rates.

GOVERNMENT INFORMATION TECHNOLOGY SITES

The successful Offeror will be required to have access to and use Navy Maintenance Database Re-platform

(NMDR), and other logistic support required throughout the administration of this contract NAVSEA standard items invoked at the time of delivery order issuance.

COORDINATION PROCESS

Within five (5) days of contract award, the Contractor shall assign one lead individual in writing, with the authority to obligate the contractor, to be responsible for communications with the Government for overall contract administration. This person must be available 365 days per year 24 hours a day. If a MAC holder’s 24-hour point of contact changes at any time during contract performance, the Government shall be notified, in writing, within 24 hours of the personnel change.

All communication with other Government organizations, Commands and Departments shall be via the Contracting

Officer unless otherwise authorized. The Contractor’s employees shall not visit vessels or military activity associated with a DO without prior approval from the Contracting Officer, Project Manager, or COR. Upon approval, all visits shall be coordinated by the Government.

EMERGENT WORK

UNSCHEDULED MAINTENANCE:

An essential portion of the IDIQ-MAC scope is scheduled and unscheduled Emergent Maintenance (EM) and

Continuous Maintenance (CM) Availabilities. These availabilities may require the completion of urgent work that has the potential to become ship disabling on non-critical systems. In addition to DO performance evaluations related to quality and timeliness, IDIQ-MAC holders will be evaluated based on their ability to meet the following minimum requirements throughout the IDIQ-MAC’s potential five-year period of performance. If IDIQ-MAC holders are unable to meet any of these requirements, they must notify the Contracting Officer within four (4) hours of the initial urgent ship repair notification. The Government will assess the validity of an IDIQ-MAC holder’s inability to meet these requirements as well as the frequency of such requests/notifications.

* Ship Checks: IDIQ-MAC holders shall conduct ship checks within four (4) hours of notification for work discovered during execution for a CM/EM when the ship is in port.

* Proposals: Within twelve (12) hours of ship check, MAC holders shall provide the Government a proposal. The proposal shall be supplemented with a brief explanation of proposed cost/price.

* Assessment & Preparation: In the event the ship is not in port, but returning to the port, IDIQ-MAC holders shall have the capabilities to identify potential faults and failure causes prior to the ship’s arrival, to conduct timely assessment of required repairs, to identify and implement technically correct repair plans, accelerated procurement of necessary parts and material, and execution of timely repairs, including the ability to support around-the-clock repair effort.

* Commence shipboard work within twenty four (24) hours of discovery and original notification to the contractor.

The Contracting Officer must authorize the commencement of work prior to the contractor beginning work.

OTHER ADMINISTRATIVE INFORMATION

NON SMOKING POLICY

The entire vessel, topside and below decks, is to be considered a "No Smoking Area" unless otherwise indicated by shipboard policy. No smoking includes e-cigarettes or other tobacco products. Local installation policies shall also apply.

USE/POSSESSION OF PORTABLE ELECTRONIC DEVICES (PEDs)

The possession and use of portable electronic devices (PEDs) within the confines of any naval vessel, or in the contractor's facility where equipment removed from the vessel is being worked, is strictly controlled.

PEDs (cellular phones, tablets, etc.) with digital imaging capabilities are strictly prohibited. PEDs may not be connected to any Navy-owned or controlled network. PEDs may not be used to store or process any digital information associated with the conduct of the contract without written authorization from the Naval Supervising

Activity (NSA).

Questions related to PEDs shall be directed to the Project Manager or COR.

ORGANIZATIONAL CLOTHING

Contractors working on any naval vessel while working on JBPHH shall be clearly identified by their organizational clothing. Company name shall be clearly identified on employee's shirt and hard hat.

PARKING

Contractor personal and company vehicles brought onto JBPHH in connection with performance of this contract are authorized to be parked only within the parking area(s) specifically designated within the contract and/or subsequent delivery orders.

Note that Government-Furnished Facilities under this contract alone does not authorize parking of Contractor personal or company vehicles.

Contractor personal and company vehicles that are outside of the specifically designated parking area(s) are subject to removal at the owner's expense and the Government is not liable for any costs, and such removal of vehicles shall not give rise to claims for delay and disruption.

If a vehicle has been removed, the Contractor should contact the Regional Dispatch Center (RDC) at 808-474-1271 for instructions regarding recovery of the vehicle, and shall provide notification to the Project Manager, Contracting

Officer's Representative (COR), or the Contracting Officer with facts and details pertinent to what has taken place.

NMDR

Contractor will not be awarded a delivery order until the contractor has access to NMDR.

CLAUSES INCORPORATED BY REFERENCE

252.217-7011 Access to Vessel DEC 1991

HQ C-2-0002 ACCESS TO PROPRIETARY DATA OR COMPUTER SOFTWARE (NAVSEA) (JUN 1994)

(a) Performance under this contract may require that the Contractor have access to technical data, computer software, or other sensitive data of another party who asserts that such data or software is proprietary. If access to such data or software is required or to be provided, the Contractor shall enter into a written agreement with such party prior to gaining access to such data or software. The agreement shall address, at a minimum, (1) access to, and use of, the proprietary data or software exclusively for the purposes of performance of the work required by this contract, and (2) safeguards to protect such data or software from unauthorized use or disclosure for so long as the data or software remains proprietary. In addition, the agreement shall not impose any limitation upon the

Government or its employees with respect to such data or software. A copy of the executed agreement shall be provided to the Contracting Officer. The Government may unilaterally modify the contract to list those third parties with which the Contractor has agreement(s).

(b) The Contractor agrees to: (1) indoctrinate its personnel who will have access to the data or software as to the restrictions under which access is granted; (2) not disclose the data or software to another party or other Contractor personnel except as authorized by the Contracting Officer; (3) not engage in any other action, venture, or employment wherein this information will be used, other than under this contract, in any manner inconsistent with the spirit and intent of this requirement; (4) not disclose the data or software to any other party, including, but not limited to, joint venturer, affiliate, successor, or assign of the Contractor; and (5) reproduce the restrictive stamp, marking, or legend on each use of the data or software whether in whole or in part.

(c) The restrictions on use and disclosure of the data and software described above also apply to such information received from the Government through any means to which the Contractor has access in the performance of this contract that contains proprietary or other restrictive markings.

(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt by an individual, company, or Government representative not directly involved in the effort to be performed under this contract to gain access to such proprietary information. Such notification shall include the name and organization of the individual, company, or Government representative seeking access to such information.

(e) The Contractor shall include this requirement in subcontracts of any tier which involve access to information covered by paragraph (a), substituting "subcontractor" for "Contractor" where appropriate.

(f) Compliance with this requirement is a material requirement of this contract.

HQ C-2-0003 ACCESS TO THE NAVY SUPPLY SYSTEM (NAVSEA) (MAR 2011)

(a) In compliance with the comparability requirement of 10 U.S.C. 7314, Public and Private Shipyards will be provided equal access to the Naval Supply System. Use by private yards is permissive, not mandatory.

(b) Pursuant to the clause of this contract entitled "GOVERNMENT SUPPLY SOURCES" (FAR 52.251-1) the

Contracting Officer hereby authorizes the Contractor to place orders with the Navy Supply System for materials and equipment or other supplies necessary to perform the required work. The Naval Supply System shall process such orders in the same manner as it would for any other Navy supply user, and the Contractor shall make payment on account of materials and equipment and other supplies ordered and/or received in accordance with the normal requirements of the Naval Supply Systems Command, but in no event shall payment in full be any later than 30 days after receipt by the Contractor of each order. The Contractor shall pay the Naval Supply System any costs for materials, equipments, or other supplies obtained including any surcharges normally charged to any other Naval

Supply System user.

(c) This job order has been priced on the basis that, except as specifically provided elsewhere in this contract with regards to Government furnished property, the Contractor shall provide all necessary materials, equipments and supplies for performance of this contract. If the Contractor uses the Naval Supply System, it has elected to use the system for its own convenience to meet its contractual obligations to perform the work under this contract. The

Naval Supply System is considered to be an alternate source or vendor of contractor furnished material; therefore materials, equipments, or other supplies ordered and/or obtained from the Naval Supply System are specifically not considered to be Government furnished material, but are considered to be contractor furnished material. The

Government makes no representation as to the availability of materials, equipments, or other supplies for the performance of the work required under this contract, nor shall unavailability, late delivery, delivery of non-conforming supplies, higher costs of the Naval Supply System (if any), or any failure of the Naval Supply System to meet the expectations or requirements of the Contractor constitute excusable delay or grounds for equitable or any other adjustment to the contract or relief from the requirement to perform in accordance with the terms of the contract.

ACCESS TO THE VESSEL(S) (NAVSEA) (SEP 2016)

Officers, employees and associates of other prime Contractors with the Government and their subcontractors, shall, as authorized by the Supervisor, have, at all reasonable times, admission to the plant, access to the vessel(s) where and as required, and be permitted, within the plant and on the vessel(s) required, to perform and fulfill their respective obligations to the Government. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Supervisor to be given admission to the plant and access to the vessel(s) for office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of the respective responsibilities involved, and reasonable to their performance.

HQ C-2-0005 ACCESS TO THE VESSELS BY NON-U.S. CITIZENS (NAVSEA) (SEP 2016)

(a) No person not known to be a U.S. citizen shall be eligible for access to naval vessels, work sites and adjacent areas when said vessels are under construction, conversion, overhaul, or repair, except upon a finding by

COMNAVSEA or his designated representative that such access should be permitted in the best interest of the

United States. The Contractor shall establish procedures to comply with this requirement and NAVSEAINST

5510.3 ( ).

(b) If the Contractor desires to employ non-U.S. citizens in the performance of work under this contract or agreement that requires access as specified in paragraph (a) of this requirement, approval must be obtained prior to access for each contract or agreement where such access is required. To request such approval for non-U.S. citizens of friendly countries, the Contractor shall submit to the cognizant Contract Administration Office (CAO), an Access

Control Plan (ACP) which shall contain as a minimum, the following information:

(1) Badge or Pass oriented identification, access, and movement control system for non-U.S. citizen employees with the badge or pass to be worn or displayed on outer garments at all times while on the Contractor's facilities and when performing work aboard ship.

(i) Badges must be of such design and appearance that permits easy recognition to facilitate quick and positive identification.

(ii) Access authorization and limitations for the bearer must be clearly established and in accordance with applicable security regulations and instructions.

(iii) A control system, which provides rigid accountability procedures for handling lost, damaged, forgotten or no longer required badges, must be established.

(iv) A badge or pass check must be performed at all points of entry to the Contractor's facilities or by a site supervisor for work performed on vessels outside the Contractor's plant.

(2) Contractor's plan for ascertaining citizenship and for screening employees for security risk.

(3) Data reflecting the number, nationality, and positions held by non-U.S. citizen employees, including procedures to update data as non-U.S. citizen employee data changes, and pass to cognizant CAO.

(4) Contractor's plan for ensuring subcontractor compliance with the provisions of the Contractor's ACP.

(5) These conditions and controls are intended to serve as guidelines representing the minimum requirements of an acceptable ACP. They are not meant to restrict the Contractor in any way from imposing additional controls necessary to tailor these requirements to a specific facility.

(c) To request approval for non-U.S. citizens of hostile and/or communist-controlled countries (listed in Department of Defense Industrial Security Manual, DOD 5220.22-M or available from cognizant CAO), Contractor shall include in the ACP the following employee data: name, place of birth, citizenship (if different from place of birth), date of entry to U.S., extenuating circumstances (if any) concerning immigration to U.S., number of years employed by

Contractor, position, and stated intent concerning U.S. citizenship. COMNAVSEA or his designated representative will make individual determinations for desirability of access for the above group. Approval of ACP's for access of non-U.S. citizens of friendly countries will not be delayed for approval of non-U.S. citizens of hostile communist-controlled countries. Until approval is received, Contractor must deny access to vessels for employees who are non-

U.S. citizens of hostile and/or communist-controlled countries.

(d) The Contractor shall fully comply with approved ACPs. Noncompliance by the Contractor or subcontractor serves to cancel any authorization previously granted, in which case the Contractor shall be precluded from the continued use of non-U.S. citizens on this contract or agreement until such time as the compliance with an approved

ACP is demonstrated and upon a determination by the CAO that the Government's interests are protected. Further, the Government reserves the right to cancel previously granted authority when such cancellation is determined to be in the Government's best interest. Use of non-U.S. citizens, without an approved ACP or when a previous authorization has been canceled, will be considered a violation of security regulations. Upon confirmation by the

CAO of such violation, this contract, agreement or any job order issued under this agreement may be terminated or default in accordance with the clause entitled "DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)" (FAR

52.249-8), "DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT)" (FAR 52.249-9) or

"TERMINATION (COST REIMBURSEMENT)" (FAR 52.249-6), as applicable.

(e) Prime Contractors have full responsibility for the proper administration of the approved ACP for all work performed under this contract or agreement, regardless of the location of the vessel, and must ensure compliance by all subcontractors, technical representatives and other persons granted access to U.S. Navy vessels, adjacent areas, and work sites.

(f) In the event the Contractor does not intend to employ non-U.S. citizens in the performance of the work under this contract, but has non-U.S. citizen employees, such employees must be precluded from access to the vessel and its work site and those shops where work on the vessel's equipment is being performed. The ACP must spell out how non-U.S. citizens are excluded from access to contract work areas.

(g) The same restriction as in paragraph (f) above applies to other non-U.S. citizens who have access to the

Contractor's facilities (e.g., for accomplishing facility improvements, from foreign crewed vessels within its facility, etc.) except that, with respect to access to the vessel and worksite, the restrictions shall not apply to uniformed U.S.

Navy personnel who are non-U.S. citizens and who are either assigned to the ship or require access to the ship to perform their duties.

HQ C-2-0006 ADDITIONAL PROVISIONS RELATING TO GOVERNMENT PROPERTY (NAVSEA) (SEP 2009)

(a) For purposes of paragraph (h) of the clause entitled "GOVERNMENT PROPERTY" (FAR 52.245-1) in addition to those items of property defined in that clause as Government Property, the following shall also be included within the definition of Government Property:

(1) the vessel;

(2) the equipment on the vessel;

(3) movable stores;

(4) cargo; and

(5) other material on the vessel

(b) For purposes of paragraph (b) of the clause entitled "GOVERNMENT PROPERTY", notwithstanding any other requirement of this contract, the following shall not be considered Government Property:

(1) the vessel;

(2) the equipment on the vessel;

(3) movable stores; and

(4) other material on the vessel

HQ C-2-0007 APPROVAL BY THE GOVERNMENT (AT) (NAVSEA) (JAN 1983)

Approval by the Government as required under this contract and applicable specifications shall not relieve the

Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.

HQ C-2-0010 COMMAND INSPECTION OF BERTHING FACILITIES (NAVSEA) (OCT 1990)

(a) Once the ship's force takes occupancy of a berthing facility, it is recognized that the premises will be under the control of the Department of the Navy and subject to inspections by the Commanding Officer or his duly authorized representative(s). In recognition of (1) the Navy's need to ensure security, military fitness, and good order and discipline and (2) the Navy's policy to conduct regularly scheduled periodic inspections, the Contractor hereby agrees that while its berthing facilities are occupied by ship's force, the Commanding Officer or his duly authorized representative(s) has (have) the right to conduct command inspections of the berthing facilities occupied by ship's force.

(b) In instances where the Contractor is using commercial facilities to satisfy the berthing requirement, the

Contractor hereby agrees to insert the following requirement in any Subcontract for berthing facilities to be provided under this Contract:

(c) In recognition of (1) the Navy's need to ensure security, military fitness, and good order and discipline, and (2) the Navy's policy to conduct regularly scheduled periodic inspections, (insert names of Subcontractor) hereby agrees that while its facilities are occupied by ship's force, the Commanding Officer or his duly authorized representative(s) has (have) the right to conduct Command inspections of the facilities occupied by ship's force.

HQ C-2-0014 CONTRACTOR'S PROPOSAL (NAVSEA) (MAR 2001)

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with detailed obligations to which the Contractor committed itself in Proposal dated in response to NAVSEA

Solicitation No. N32253-18-R-0019.

(b) The technical volume(s) of the Contractor's proposal is incorporated by reference and hereby made subject to the provisions of the "ORDER OF PRECEDENCE" (FAR 52.215-8) clause of this contract. Under the "ORDER OF

PRECEDENCE" clause, the technical volume of the Contractor's proposal referenced herein is hereby designated as item

(f) of the clause, following "the specification" in the order of precedence.

HQ C-2-0016 DEPARTMENT OF LABOR SAFETY AND HEALTH STANDARDS FOR SHIP REPAIR (NAVSEA)

(APR 2015)

Attention of the Contractor is directed to the Occupational Safety and Health Act of 1970 (29 USC 651-678), and to the Safety and Health Regulations for Ship Repairing (29 CFR 1915), promulgated under Public Law 85-742, amending Section 41 of the Longshoremen's and Harbor Workers' Compensation Act (33 USC 941), and adopted by the Department of Labor as occupational safety or health standards under Section 6(a) of the Occupational Safety and Health Act of 1970 (See 29 CFR 1910.15). These regulations apply to all ship repair and related work, as defined in the regulations performed under this contract on the navigable waters of the United States including any dry dock and marine railway. Nothing contained in this contract shall be construed as relieving the Contractor from any obligations, which it may have for compliance with the aforesaid regulations.

HQ C-2-0018 DISPOSAL OF SCRAP (NAVSEA) (JAN 2008)

(a) All Government scrap resulting from accomplishment of any job order is the property of the Contractor to be disposed as it sees fit. Scrap is defined as property that has no reasonable prospect of being sold except for the recovery value of its basic material content. The determination as to which materials are scrap and which materials are salvage, will be made, or concurred in, by the duly appointed Property Administrator for the cognizant SUPSHIP or RMC Office.

(b) As consideration for retaining the Government's scrap, the Contractor's price for the performance of the work required herein shall be a net price reflecting the value of the Government scrap.

(c) This requirement is not intended to conflict in any way with the clauses of this contract entitled

"PERFORMANCE" (DFARS 252.217-7010) or "GOVERNMENT PROPERTY" (FAR 52.245-1) under the Master

Contract in effect at the time of job order award, nor does it relieve the Contractor of any other requirement under such clauses.

HQ C-2-0020 DOCK TRIALS AND FAST CRUISE (NAVSEA) (MAY 1993)

(a) Dock Trials. The purpose of this trial is to conduct preliminary tests necessary to ensure that the ship is ready for operating at sea. Ship's personnel will conduct all tests and perform all operational functions; however, Contractor personnel will observe tests, record data, and make minor repairs and adjustments as necessary. The dock trial shall be scheduled in accordance with Work Item . Contractor personnel are not to interfere with functions of ship's personnel.

(b) Fast Cruise. The "fast cruise" is a simulated underway period.