N39040-16-R-0001.pdf

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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 85

(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.

N39040 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 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 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ANDREA M GLEASON 207-438-2133

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 8

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

9 - 14

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 18 - 21 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 22 - 25 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

26 - 52

PART II - CO NTRACT CLAUSES

PORTSMOUTH NAVAL SHIPYARD

CODE 410

KITTERY ME 03904

207-438-4268

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

10 Nov 2015

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N39040-16-R-0001

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 JOB

Non-Nuclear Qualified Touch Labor

CPFF

Qualified non-nuclear trade labor support to augment trades at Portsmouth Naval

Shipyard.

FOB: Destination

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

0002 JOB

Other Direct Costs (ODCs)

COST

Cost of travel and incidental material in support of work under contract line item number (CLIN) 0001.

1001 JOB

OPTION Non-Nuclear Qualified Touch Labor

CPFF

Qualified non-nuclear trade labor support to augment trades at Portsmouth Naval

Shipyard..

1002 JOB

OPTION Other Direct Costs (ODCs)

COST

Cost of travel and incidental material in support of work under contract line item number (CLIN) 1001.

2001 JOB

OPTION Non-Nuclear Qualified Touch Labor

CPFF

Qualified non-nuclear trade labor support to augment trades at Portsmouth Naval

Shipyard.

2002 JOB

OPTION Other Direct Costs (ODCs)

COST

Cost of travel and incidental material in support of work under contract line item number (CLIN) 2001.

NOTE

Qualified non-nuclear trade labor support shall be capable of performing non-nuclear work in accordance with the detailed requirements and to the quantities specified in each task order. Typical trade skills are listed in Attachment

2.

Each trip shall be approved by the COR and incrementally funded prior to travel. Material to be furnished by the contractor in accordance with the Performance Work Statement in Section C. For pricing purposes, the total amount of all ODC requirements under CLIN 0001 shall not exceed $4,100,000, under CLIN 1001 shall not exceed

$4,500,000 and CLIN 2001 shall not exceed $4,100,000.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

10,000.00 $10,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each

Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

10,000.00 $10,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

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.

HQ B-2-0007 LIMITATION OF COST/LIMITATION OF FUNDS (NAVSEA) (SEP 1990)

The clause entitled "LIMITATION OF COST" (FAR 52.232-20) or "LIMITATION OF FUNDS" (FAR 52.232-22), as appropriate, shall apply separately and independently to each separately identified estimated cost.

HQ B-2-0008 LIMITATIONS ON INDIRECT COST RATES (NAVSEA) (OCT 1990)

(a) Pursuant to FAR 42.707, an indirect cost rate ceiling is incorporated into the contract. "Indirect cost" is defined as set forth at FAR 31.001 and 31.203. "Indirect cost rate" is defined as set forth at FAR 42.701.

(b) Notwithstanding the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7), the allowable indirect cost under this contract shall be obtained by applying limitations on indirect cost rates to bases agreed upon by the parties, as specified below.

(c) Allowability of costs and acceptability of cost allocation methods shall be determined in accordance with FAR

Subpart 31.2 in effect on the date of this contract, as limited by the indirect cost rates established by this requirement.

(d) For the first three Contractor fiscal years, the indirect cost rates contained in the Contractor's accepted contract proposal shall be incorporated into the contract schedule as limitations on indirect cost rates for each Contractor fiscal year of contract performance. The bases to which the indirect cost rates apply shall be those contained in the

Contractor's accepted contract proposal and hereby, incorporated into the contract schedule, in accordance with the

Contractor's accounting system upon which its proposal was based.

(e) After the first three Contractor fiscal years, the Contracting Officer and Contractor shall negotiate the limitations on indirect cost rates for subsequent Contractor fiscal years (unless the parties agree to a different period) and execute a written indirect cost rate limitation agreement setting forth the results. The agreement shall specify (1) the agreed-upon indirect cost rates, (2) the bases to which the rates apply, (3) the fiscal year (unless the parties agree to a different period) for which the rate applies, and (4) the specific items treated as direct costs or any change in the items previously agreed to be direct costs. The agreement is incorporated into this contract upon execution.

(f) Pending establishment of indirect cost rates for any subsequent Contractor fiscal year (or other period agreed to by the parties), the Contractor shall be reimbursed either at the rates fixed for the previous fiscal year or at billing rates acceptable to the Contracting Officer, subject to appropriate adjustment when the final indirect cost rates for that period are established.

(g) The Government will not be obligated to pay any additional amount should any final indirect cost rates for any

Contractor fiscal year (or for any different period agreed to by the parties) after the first three fiscal years) of contract performance exceed the indirect rates incorporated into the contract schedule. In the event any of the Contractor's final indirect cost rates are less than the indirect cost rates incorporated into the contract schedule, the incorporated rates shall be reduced to conform with the lower rates.

(h) The limitations on indirect cost rate shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. If facilities capital cost of money is proposed as an allowable cost, the rates proposed shall be subject to the limitations imposed by this requirement.

(i) The limitations on the indirect cost rate shall apply to all work performed under the contract, and to all change orders and supplemental agreements, including changes due to growth, supplemental, emergent and new work.

(j) Notwithstanding any of the terms of this requirement, should the Contractor initiate a change to its accounting systems which would alter the composition of any overhead base or pool effected by this requirement, the Contracting

Officer and Contractor shall negotiate to determine the rate ceilings to be applied to the new overhead pools, provided that no agreement shall be made which would increase the costs paid by the United States under this contract.

(k) The limitation on indirect cost rates specified in the Contractor's cost proposal shall be the rates used to compute the costs in the Contractor's cost proposal upon which the award is based.

HQ B-2-0014 PAYMENTS OF FEE (S) (COMPLETION) (NAVSEA) (MAY 1993)

(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, "fixed fee" in cost-plus-fixed-fee type contracts for completion and phase type contracts.

(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled "FIXED FEE" (FAR 52.216-8) or "INCENTIVE FEE", (FAR 52.216-10), as applicable. Such payments shall be equal to percent ( %) of the allowable cost of each invoice submitted by and payable to the Contractor pursuant to the clause of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR

52.216-7), subject to the withholding terms and conditions of the "FIXED FEE" or "INCENTIVE FEE" clause, as applicable (percentage of fee is based on fee dollars divided by estimated cost dollars, including facilities capital cost of money). Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract.

(c) In the event of discontinuance of the work under this contract, or any specified phase of the contract, in accordance with the clause of this contract entitled "LIMITATION OF FUNDS" (FAR 52.232-22) or

"LIMITATION OF COST" (FAR 52.232-20), as applicable, the fee shall be equitably adjusted by mutual agreement to reflect the diminution of work. If the adjusted fee is less than the sum of all fee payments made to the Contractor under this contract, the Contractor shall repay the excess amount to the Government. If the adjusted fee exceeds all payments made to the Contractor under this contract, the Contractor shall be paid the additional amount, subject to the availability of funds. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract at the time of the discontinuance of work.

(d) Fee(s) withheld pursuant to the terms and conditions of this contract shall not be paid until the contract has been modified to reduce the fee(s) in accordance with paragraph (c) above, or until the Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required.

HQ B-2-0019 TRAVEL COSTS (NAVSEA) (MAY 1993)

(a) The Contractor shall not charge, and the Government shall not pay, as an allowable cost under this contract, any manhour costs (whether straight-time or overtime) for Contractor personnel or subcontractor personnel traveling to or from worksites, including travel to worksites other than the Contractor's facility for performance of contract work.

(b) Workers being paid under this contract, as prime contractor personnel or subcontractor personnel, will complete a full shift at the worksite, and no compensation will be paid for travel time before or after the shift.

(c) This requirement pertains only to payments for travel time before or after these workers' regular shifts, and does not apply to legitimate travel costs incurred during normal working hours, provided that those costs are otherwise reasonable, allocable and allowable. This requirement does not apply to manufacturer's representatives or Original

Equipment Manufacturer (OEM) representatives when specifically required by the Government work specifications.

(d) Additionally, the Contractor shall not charge, and the Government shall not pay, any transportation costs under this contract associated with transporting Contractor or subcontractor personnel between the Contractor's facility (or subcontractor's facility), and any other worksite to perform Phased Maintenance Availabilities (PMAs)/Drydocking

Phased Maintenance Availabilities (DPMAs). Transportation costs include, but are not limited to, bus fare, car fare, train fare, or boat fare, paid by the work force, or paid by the Contractor on behalf of the work force.

HQ B-2-0021 CONTRACT SUMMARY FOR PAYMENT OFFICE (COST TYPE) (FEB 1997)

This entire contract is cost type.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PNSY PERFORMANCE WORK STATEMENT (PWS)

1. Introduction

1.1. Background - Portsmouth Naval Shipyard (PNSY), in support of the US Navy’s Submarine Maintenance

Program, requires multiple trades to support work on 688 Class Submarines and 774 Class Submarines.

1.2. Scope – Contractor shall provide various qualified personnel capable of performing the typical tasks identified by trade in Attachment 2 as requested by PNSY at any time during the period of performance of this contract. Requests from PNSY for personnel will be submitted in writing from the Contracting Office.

1.3. Period of Performance and Level of Effort – The period of performance is one year plus two (2) option years. Specific services, service period of performance, and level of effort required will be detailed at the task order level.

2. Contractor Requirements

2.1. Trade specific requirements

2.1.1. General Qualifications –

2.1.1.1. Contractor shall maintain:

2.1.1.1.1. A Personal Fall Arrest System (PFAS) program in accordance with 29 CFR 1915 –

Subpart I.

2.1.1.1.2. A confined/enclosed space entry program in accordance with 29 CFR 1915 – Subpart B.

2.1.1.1.3. A respirator program in accordance with 29 CFR 1910.134 (Subpart I).

2.1.1.1.4. The contractor shall provide copies of the training curriculums for PFAS, Confined/Enclosed space, and respirator programs with their proposal.

2.1.1.2. All personnel reporting shall meet the following criteria:

2.1.1.2.1. Shall be able to accomplish typical tasks as outlined in the trade specific sheet in

Attachment 2.

2.1.1.2.2. Shall be qualified to work in confined spaces such as tanks, voids, and any other areas that require gas-free controls.

2.1.1.2.2.1. Training shall be in accordance with 29 CFR 1915 – Subpart B. See Section (2.2) for more details on confined/enclosed space requirements and contracting options.

2.1.1.2.3. Shall be qualified to wear safety harnesses and work from scaffolds/platforms where drop off will be greater than 5 feet IAW 29 CFR 1915 (Subpart I) and be trained in fall protection regulations.

2.1.1.2.4. Shall be trained to wear required personal protection equipment (PPE) when designated or required and be trained in hearing conservation and eye safety awareness.

2.1.1.2.5. Shall be trained in electrical safety.

2.1.1.2.5.1. All non-electrical workers shall be trained in electrical safety for non-electrical workers per NFPA 70E.

2.1.1.2.5.2. All electrical/electronic workers shall be trained in electrical safety standards per

NFPA 70E.

2.1.1.2.6. Shall be capable of performing work in accordance with written technical work documents.

2.1.1.2.7. Will have working knowledge on how to read and understand the information provided in a Material Safety Data Sheet (MSDS).

2.1.2. Tasks – The typical tasks to be performed are listed by trade in Attachment 2, Section (A).

2.1.3. Trade Specific Requirements – When PNSY requests a specific trade, the trade specific requirements are as listed in section (B) of Attachment 2 for the trade requested.

2.2. Options for Gas Free Engineering and Competent Personnel Services

2.2.1. For execution of this contract, the contractor’s personnel will be assisting PNSY personnel executing work in confined spaces. Since PNSY will already be performing competent person/gas-free services for the workspaces, PNSY is willing to extend its competent persons services and make them available to the contractor’s employees rather than have the contractor perform duplicate monitoring.

The framework for the Navy/PNSY providing competent personnel/gas-free services is provided in

NAVSEA S6470-AA-SAF-010, Paragraph 2-8 (Contractor Operations). The operator shall identify in their bid proposal if they plan to utilize Navy provided competent personnel/gas-free services.

2.2.2. If the contractor chooses to utilize Navy-provided competent person/gas-free services, the terms and procedures of the usage will be included in the awarded contract to ensure clear delegation of responsibilities as required by NAVSEA S6470-AA-SAF-010. PNSY will provide a copy of its confined/enclosed space entry program to the contractor, and the contractor will be required to make their employees familiar with our program prior to assigning them to PNSY. Some examples of responsibilities provided to the contractor by NAVSEA S6470-AA-SAF-010 are:

2.2.2.1. Ensure the Navy competent person is on a list provided by PNSY.

2.2.2.2. Ensure all its employees who may enter confined spaces are trained to entry procedures in accordance with 29 CFR 1915.12(d) and the PNSY confined/enclosed space program. The contractor shall maintain the training records at least 3 months beyond the completion date of the contract.

2.2.2.3. Ensure all contractor employees comply with confined space entry procedures.

2.2.3. If the contractor opts not to use Navy-provided competent person/gas-free services they then must provide their own competent person/gas-free services in accordance with Occupational Safety and

Health Manual VOL 2 Part I Chapter 1, NAVSEA S6470-AA-SAF-010, and 29 CFR 1915 – Subpart

B.

2.3. MANAGEMENT REQUIREMENTS

2.3.1. The contractor must supply PNSY with a training plan for each trade skill listed in Attachment 2 as part of the contract proposal. This training plan shall identify all of the qualifications associated with a trade skill and the requalification cycle. Training identified in Attachment 1 section D for each trade are minimum qualifications expected to be covered by the contractors training plan.

2.3.2. At least 1 week prior to a worker’s travel date, the contractor shall supply PNSY with copies of training records. A training record shall identify each qualification associated with the contractor’s training plan for a trade skill. The training record shall identify which qualifications the worker has completed and when that qualification expires. Additionally, the contractor shall provide each worker’s documented trade/work experience certifying the personnel have met the requirements under paragraph (2.1) above. These training records for each individual shall be provided to PNSY

Training Department, Code 900T. The POC is Randy Winsor (207) 438-2537; Fax (207) 438-

1188.900T

2.3.3. Once contractor personnel are assigned to fulfill a task order, it is expected that change-out of personnel will not occur without prior negotiation. If personnel change-out occurs within 8 weeks of the completion of shipyard provided training, the costs associated with the training hours for the replacement personnel will be unallowable.

2.3.4. The contractor’s supervisor(s) is/are the liaison between contractor personnel and PNSY Supervisors.

The contractor’s supervisor will manage worker assignments to ships, shifts of work, discipline, safety, rewards, promotion, attendance, time-off (i.e. sick and/or annual leave) and work performance. The contractor shall provide adequate supervision to oversee the assigned personnel and ensure the proper execution of the tasks described herein. PNSY shall be responsible to provide all quality assurance personnel and engineering support that may be required in the assigned tasking.

2.3.5. In the event of injuries sustained in the performance of duty, contractor employees may receive medical aid from shipyard first responders but shall, if necessary, receive secondary aid and/or evaluation from private providers. PNSY Managers and the PNSY Technical POC must be immediately (i.e., within 2 hours) informed of any injuries or near misses that occur by contractor management. A written report describing the incident must be provided within 24 hours of occurrence to Code 106, Safety, Code 900R and the Contracting Officer’s Representative (COR).

The contractor shall comply with any safety investigations.

2.3.6. Contractor management or supervision shall:

2.3.6.1. Provide overall management, oversight and supervision (and/or lead workers) to effectively and safely manage the work of the task orders.

2.3.6.2. Resolve contractor personnel problems including, but not limited to conflict resolution and administrative actions affecting the contractor’s employees.

2.3.6.3. Manage assignment of contractor personnel to shifts and projects.

2.3.6.4. Ensure daily onboard counts of mechanics are reported to the PNSY Contracting Officer’s

Representative or Contract POC at least weekly.

2.3.6.5. Maintain accurate tracking of hours worked by personnel.

2.3.6.6. Maintain total program oversight

3. CONTRACTOR FURNISHED MATERIAL

3.1. The contractor’s mechanics shall provide their own personal hand tools and any other work apparel typically provided by their employer (e.g. coveralls, tyvek suits, and leather palmed gloves).

3.2. The contractor’s personnel shall provide their own personal protection equipment (e.g. safety shoes, helmets and eye protection).

4. Portsmouth Responsibilities

4.1. PNSY will provide specific written technical work instructions (i.e. Task Group Instructions) and shift-to-shift project assignments. Since PNSY requires our government supervisors to brief government workers prior to starting each job, the contractor’s workers may be asked to be present for those discussions.

4.2. The contractor’s employees will be provided access to PNSY Tool Cribs to use government tooling/equipment. Contractor employees are responsible to return tools and to have no outstanding tools registered to their badge prior to departing PNSY. Broken, lost or missing tooling will be billed to the contractor.

5. Applicable technical Work instructions

5.1. Technical Work Documents issued by Portsmouth Naval Shipyard

5.2. 29 CFR 1915 – Occupational Safety and Health Standards for Shipyard Employment

5.3. OSHA Directive – CPL 02-00-133 Shipyard “TOOL BAG” Directive

5.4. NAVSEA S6470-AA-SAF-010 Naval Maritime Confined Space Program

5.5. Additional trade specific technical work instructions required as listed in section (C) of Attachment 1 for the trade requested.

5.6. The Contractor shall comply with all Federal, State, and Local environmental and safety laws and regulations.

6. Security/Base Access

6.1. At a minimum, all personnel shall be United States citizens and shall possess a Department of Defense

Personal Security Clearance at the confidential level or higher, in accordance with Attachment 1 (DD

Form 254) for performance on this contract. A CONFIDENTIAL Facility Security Clearance is required.

Specific trade support requests submitted on the task order level will detail what level of clearance is required for the specific work to be performed. Inability to obtain a confidential level or higher clearance, or PNSY red badge, will be cause to dismiss personnel from fulfilling this contract.

6.2. Contractors must have Rapid Gate credentials for access to Portsmouth Naval Shipyard. Contractors and any subcontractors must submit contract DD-254 to Portsmouth Naval Shipyard Security Department

Code 1700 for access requirement verification prior to arrival.

6.3. Contractors/subcontractors shall submit Visit Requests via the Joint Personnel Adjudication System

(JPAS) to SMO 39040 for visitor clearance verification. Visit requests submitted by other means will not be accepted without Facility Security Officer signed verification as to the level of security clearance granted to each employee on the visit request. Additionally, the contractor must provide a copy of Visit

Request to Bruce Thorner or Richard Rogers – Code 900R (Fax 207-438-1298) at least 2 weeks prior to personnel traveling for inclusion into other PNSY IT systems.

7. DELIVERABLES

7.1. At least 1 week prior to a worker’s travel date, the contractor shall supply PNSY with copies of training records. A training record shall identify each qualification associated with the contractor’s training plan for a trade skill. The training record shall identify which qualifications the worker has completed and when that qualification expires. Additionally, the contractor shall provide each worker’s documented trade/work experience certifying the personnel have met the requirements under paragraph (2.1) above.

These training records for each individual shall be provided to PNSY Training Department, Code 900T.

The POC is Randy Winsor (207) 438-2537; Fax (207) 438-1188.900T

7.2. The contractor shall provide clearance validation (i.e. copy of clearance message) to Bruce Thorner or

Richard Rogers (Fax 207-438-1298) 2 days prior to personnel traveling.

7.3. Contractor shall attend weekly status meetings with Code 900R TPOC and PNSY Contracting Officer’s

Representative (COR) to discuss contract execution and performance

7.3.1. The contractor shall prepare weekly status updates in accordance with Attachment 4 for review at these meetings and submitted electronically to the Code 900R TPOC, PNSY Business Office

Representative and COR.

7.3.2. The weekly status meetings may be reduced to a biweekly cadence if mutually agreed upon by the contractor, Code 900 and COR.

7.4. Contractor shall attend a quarterly program management meeting with Code 900R TPOC and PNSY

Contracting Officer’s Representative (COR) to discuss contract execution and performance

8. CLASSIFIED MATERIAL

8.1. None

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-2-0023 EXCLUSION OF MERCURY (NAVSEA) (MAY 1998)

Mercury or mercury containing compounds shall not be intentionally added or come in direct contact with hardware or supplies furnished under this contract.

HQ C-2-0033 LIMITATION OF LIABILITY - HIGH VALUE ITEMS (NAVSEA) (JUN 1992)

The following items are subject to the clause of this contract entitled "LIMITATION OF LIABILITY--HIGH

VALUE ITEMS" (FAR 52.246-24): 0001-2002

HQ C-2-0063 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA)

(APR 2004)

(a) NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.

(c) Execution of this contract by the contractor is considered consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file room management support contractor for the limited purpose of executing its file room support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors are free to enter into separate non-disclosure agreements with the file room contractor. (Please contact Director, E

Business Division for contractor specifics.) However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

Section D - Packaging and Marking

Item(s) 0001-2002 - The supplies furnished hereunder shall be packaged in accordance with best commercial practice.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001

HQ E-2-0002 ADDITIONAL PROVISIONS RELATING TO CORRECTION OF DEFECTS (NAVSEA) (OCT

1990)

In case any work done or materials or supplies furnished by the Contractor under this contract for any vessel, or the equipment thereof, shall within sixty (60) days of delivery of the vessel to the Government, or the date of final acceptance, whichever occurs first, prove defective or deficient, such defects or deficiencies shall, as required by the

Government, be corrected or repaired by the Contractor to the satisfaction of the Contracting Officer; provided, however, that with respect to any individual work item which is incomplete or deficient at the time of delivery or acceptance, the Contractor's obligation under this requirement to correct or repair such deficiency shall extend sixty

(60) days from the date of such correction or repair, whichever occurs first. The Contractor shall be entitled to allowable costs for corrections or repairs performed in accordance with this requirement but shall not be entitled to any additional fee for such work.

Section F - Deliveries or Performance

PERFORMANCE SCHEDULE

CLIN ESTIMATED ORDERING PERIOD

0001-0002 01 MAY 2016 – 30 APRIL 2017

1001-1002 01 MAY 2017 – 30 APRIL 2018

2001-2002 01 MAY 2018 – 30 APRIL 2019

SEE INDIVIDUAL DELIVERY ORDER FOR PERIOD OF PERFORMANCE.

PLACE OF PERFORMANCE

The place of performance will be Portsmouth Naval Shipyard, Kittery, Maine (i.e. Seavey Island).

52.242-15 Stop-Work Order AUG 1989

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

252.204-7006 Billing Instructions OCT 2005

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: TBD

(1) Document type. The Contractor shall use the following document type(s).

Cost Voucher

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in

WAWF, as specified by the contracting officer.

TBD

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC N68732

Issue By DoDAAC N39040

Admin DoDAAC N39040

Inspect By DoDAAC ____

Ship To Code N39040

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC N39040

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send

Additional Email Notifications” field of WAWF once a document is submitted in the system.

Elizabeth.deroy@navy.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

NAVSEA HQ WAWF Helpdesk: WAWFHQ@navy.mil

Or

PNS WAWF Email: WAWF_N39040@navy.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

mailto:Elizabeth.deroy@navy.mil mailto:WAWFHQ@navy.mil mailto:WAWF_N39040@navy.mil

(End of clause)

HQ G-2-0002 Enter below the address (street and number, city, county, state and zip code) of the Contractor's facility which will administer the contract if such address is different from the address shown on the SF 26 or SF 33, as applicable.

CONTRACTING OFFICER’S COMMANDER

REPRESENTATIVE: ATTN: Elizabeth Nadeau-DeRoy

PORTSMOUTH NAVAL SHIPYARD

CODE 420

KITTERY, ME 03904

Telephone No. 207/438-4737

Fax No. 207-438-4193

Email Address: elizabeth.deroy@navy.mil

TECHNICAL POINT COMMANDER

OF CONTACT: ATTN: Richard E Rogers

Code 900R

PORTSMOUTH NAVAL SHIPYARD

KITTERY, ME 03904

Telephone No. 207/438-2258

Fax No. 207-438-4193

Email Address: richard.e.rogers1@navy.mil

HQ G-2-0009 SUPPLEMENTAL INSTRUCTIONS REGARDING ELECTRONIC INVOICING (NAVSEA) (SEP

2012)

(a) The Contractor agrees to segregate costs incurred under this contract/task order (TO), as applicable, at the lowest level of performance, either at the technical instruction (TI), sub line item number (SLIN), or contract line item number (CLIN) level, rather than on a total contract/TO basis, and to submit invoices reflecting costs incurred at that level. Supporting documentation in Wide Area Workflow (WAWF) for invoices shall include summaries of work charged during the period covered as well as overall cumulative summaries by individual labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of other direct costs

(ODCs), materials, and travel, by TI, SLIN, or CLIN level. For other than firm fixed price subcontractors, subcontractors are also required to provide labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of ODCs, materials, and travel invoiced. Supporting documentation may be encrypted before submission to the prime contractor for WAWF invoice submittal. Subcontractors may email encryption code information directly to the Contracting Officer (CO) and Contracting Officer Representative

(COR). Should the subcontractor lack encryption capability, the subcontractor may also email detailed supporting cost information directly to the CO and COR; or other method as agreed to by the CO.

(b) Contractors submitting payment requests and receiving reports to WAWF using either Electronic Data

Interchange (EDI) or Secure File Transfer Protocol (SFTP) shall separately send an email notification to the COR and CO on the same date they submit the invoice in WAWF. No payments shall be due if the contractor does not provide the COR and CO email notification as required herein.

Section H - Special Contract Requirements

MINIMUM AND MAXIMUM QUANTITIES

As referred to in Paragraph (b) of the “Indefinite Quantities” clause of this contract, the contract minimum quantity is a total of $10,000 of orders at the contract unit prices. (The maximum quantity is the total estimated quantity for each item as set forth in the schedule). The maximum quantity is not to be exceeded without prior approval of the

Contracting Officer.

5252.232-9104 ALLOTMENT OF FUNDS (JAN 2008)

(a) This contract is incrementally funded with respect to both cost and fee. The amount(s) presently available and allotted to this contract for payment of fee for incrementally funded contract line item number/contract subline item number (CLIN/SLIN), subject to the clause entitled "FIXED FEE" (FAR 52.216-8) or "INCENTIVE FEE" (FAR

52.216-10), as appropriate, is specified below. The amount(s) presently available and allotted to this contract for payment of cost for incrementally funded CLINs/SLINs is set forth below. As provided in the clause of this contract entitled "LIMITATION OF FUNDS" (FAR 52.232-22), the CLINs/SLINs covered thereby, and the period of performance for which it is estimated the allotted amount(s) will cover are as follows:

ESTIMATED

ITEM(S) ALLOTED TO COST ALLOTTED TO FEE PERIOD OF PERFORMANCE

(b) The parties contemplate that the Government will allot additional amounts to this contract from time to time for the incrementally funded CLINs/SLINs by unilateral contract modification, and any such modification shall state separately the amount(s) allotted for cost, the amount(s) allotted for fee, the CLINs/SLINs covered thereby, and the period of performance which the amount(s) are expected to cover.

(c) CLINs/SLINs are fully funded and performance under these CLINs/SLINs is subject to the clause of this contract entitled "LIMITATION OF COST" (FAR 52.232-20).

(d) The Contractor shall segregate costs for the performance of incrementally funded CLINs/SLINs from the costs of performance of fully funded CLINs/SLINs.

5252.233-9103 DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT (APR 1999)

(a) For the purposes of this special contract requirement, the term "change" includes not only a change that is made pursuant to a written order designated as a "change order" but also (1) an engineering change proposed by the

Government or by the Contractor and (2) any act or omission to act on the part of the Government in respect of which a request is made for equitable adjustment.

(b) Whenever the Contractor requests or proposes an equitable adjustment of $100,000 or more per vessel in respect to a change made pursuant to a written order designated as a "change order" or in respect to a proposed engineering change and whenever the Contractor requests an equitable adjustment in any amount in respect to any other act or omission to act on the part of the Government, the proposal supporting such request shall contain the following information for each individual item or element of the request:

(1) A description (i) of the work required by the contract before the change, which has been deleted by the change, and (ii) of the work deleted by the change which already has been completed. The description is to include a list of components, equipment, and other identifiable property involved. Also, the status of manufacture, procurement, or installation of such property is to be indicated. Separate description is to be furnished for design and production work. Items of raw material, purchased parts, components and other identifiable hardware, which are made excess by the change and which are not to be retained by the Contractor, are to be listed for later disposition;

(2) Description of work necessary to undo work already completed which has been deleted by the change;

(3) Description of work not required by the terms hereof before the change, which is substituted or added by the change. A list of components and equipment (not bulk materials or items) involved should be included.

Separate descriptions are to be furnished for design work and production work;

(4) Description of interference and inefficiencies in performing the change;

(5) Description of each element of disruption and exactly how work has been, or will be disrupted:

(i) The calendar period of time during which disruption occurred, or will occur;

(ii) Area(s) aboard the vessel where disruption occurred, or will occur;

(iii) Trade(s) disrupted, with a breakdown of manhours for each trade;

(iv) Scheduling of trades before, during, and after period of disruption;

(v) Description of measures taken to lessen the disruptive effect of the change;

(6) Delay in delivery attributable solely to the change;

(7) Other work attributable to the change;

(8) Supplementing the foregoing, a narrative statement of the direct "causal" relationship between any alleged

Government act or omission and the claimed consequences therefor, cross referenced to the detailed information provided as required above; and

(9) A statement setting forth a comparative enumeration of the amounts "budgeted" for the cost elements, including the material costs, labor hours and pertinent indirect costs, estimated by the Contractor in preparing its initial and ultimate proposal(s) for this contract, and the amounts claimed to have been incurred and/or projected to be incurred corresponding to each such "budgeted cost" elements.

(c) Each proposal in excess of $100,000 submitted in support of a claim for equitable adjustment under any requirement of this contract shall, in addition to the information required by paragraph (b) hereof, contain such information as the Contracting Officer may require with respect to each individual claim item.

(d) It is recognized that individual claims for equitable adjustment may not include all of the factors listed in paragraph (b) above. Accordingly, the Contractor is required to set forth in its proposal information only with respect to those factors which are comprehended in the individual claim for equitable adjustment.