N3904018R0007_Released.pdf

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until 05:00 PM local time 09 Feb 2018

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G F 48 - 63

64 - 74 X H

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 74

(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)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 5

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

6 - 16

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 20 - 24 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 25 - 32 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 - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

33 - 46

PART II - CONTRACT CLAUSES

PORTSMOUTH NAVAL SHIPYARD

CONTRACTING DIVISION, CODE 410

BLDG 153, 6TH FLOOR

KITTERY ME 03904 (207) 438-5253

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

31 Jan 2018

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N3904018R0007

Section B - Supplies or Services and Prices

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.

CONTRACT MIN/MAX QTY & VALUE

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

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Job Other Direct Costs (ODCs)

COST

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

ESTIMATED COST

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-2-0014 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-2-0020 TRAVEL COSTS - ALTERNATE I (NAVSEA) (DEC 2005)

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its reasonable actual travel costs in accordance with FAR 31.205-46. The costs to be reimbursed shall be those costs accepted by the cognizant DCAA.

(b) Reimbursable travel costs include only that travel performed from the Contractor's facility to the worksite, in and around the worksite, and from the worksite to the Contractor's facility.

(c) Relocation costs and travel costs incident to relocation are allowable to the extent provided in FAR 31.205-35;

however, Contracting Officer approval shall be required prior to incurring relocation expenses and travel costs incident to relocation.

(d) The Contractor shall not be reimbursed for the following daily local travel costs:

(i) travel at U.S. Military Installations where Government transportation is available,

(ii) travel performed for personal convenience/errands, including commuting to and from work, and

(iii) travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor's or employee's convenience.

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 Katie Harmon or Kevin Langley – 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 Katie Harmon or

Kevin Langley (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

VENDOR ACCESS TO SHIPYARD

No person not known to be an American citizen of good standing and repute shall be eligible for access to Portsmouth Naval Shipyard and adjacent areas. Proof of citizenship may be required. Entrance of foreign nationals requires approval.

SAFETY/SECURITY

SAFETY: All representatives who have a need to enter the Controlled Industrial Area, or other areas specifically designated as safety hazardous, should provide themselves with safety head wear to be worn while in the area.

Prior to working on the Portsmouth Naval Shipyard, all vendors shall view the Code 106 safety video.

SECURITY: Commercial vehicles (automobiles) must have conspicuous contractor (company) identification (such as magnetic door-type signs) affixed to the outside of the vehicle if it is to enter the Controlled Industrial Area.

RADIOLOGICAL INDOCTRINATION

All Contractor employees performing work within the Portsmouth Naval Shipyard must view a radiological video.

Contractor employees who are expected to be on the Portsmouth Naval Shipyard for greater than thirty (30) calendar days must attend a one-half hour indoctrination briefing. Attendance at the briefing will be required prior to being issued a permanent Portsmouth Naval Shipyard badge. The indoctrination briefing will provide radiological fundamentals and information on radiological postings and controls at the Portsmouth Naval Shipyard.

Any contractor employee who disregards, alters, moves or otherwise tampers with a radiological posting, or who disobeys a radiological instruction, will not be allowed to continue working at the Portsmouth Naval Shipyard.

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-2-0005 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-2-0023 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-2-0025 FACILITIES NOT TO BE GOVERNMENT-FURNISHED (CT) (NAVSEA) (SEP 2009)

The Contractor's obligation to perform this contract is in no way conditioned upon the providing by the Government of any facilities, except as may be otherwise expressly provided herein. Accordingly, no such facilities shall be either acquired by the Contractor for the account of the Government or furnished to the Contractor by the Government hereunder. For the purpose of this requirement, facilities means industrial property (other than material, special tooling, military property, and special test equipment) for production, maintenance, research, development or test, including real property and rights therein, buildings, structures, improvements, and plant equipment as defined in FAR 2.101, FAR 45.101 and DFARS 245.101.

HQ C-2-0031 INFORMATION AND DATA FURNISHED BY THE GOVERNMENT (COST TYPE) –

ALTERNATE I (NAVSEA) (SEP 2009)

(a) Contract Specifications. The Government will furnish, if not included as an attachment to the contract, any unique contract specifications set forth in Section C.

(b) Contract Drawings and Data. The Government will furnish contract drawings, design agent drawings, ship construction drawings, and/or other design or alteration data cited or referenced in Section C or in the contract specification as mandatory for use or for contract guidance.

(c) Government Furnished Information (GFI). GFI is defined as that information essential for the installation, test, operation, and interface support of all Government Furnished Material enumerated on NAVSEA Form 4205/19 or Schedule A, as applicable, attached to the contract. The Government shall furnish only the GFI identified on the NAVSEA Form 4340/2 or Schedule C, as applicable, attached to the contract. The GFI furnished to the contractor need not be in any particular format. Further, the Government reserves the right to revise the listing of GFI on the NAVSEA Form 4340/2 or Schedule C, as applicable, as follows:

(1) The Contracting Officer may at any time by written order:

(i) delete, supersede, or revise, in whole or in part, data listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable; or

(ii) add items of data or information to NAVSEA Form 4340/2 or Schedule C, as applicable; or

(iii) establish or revise due dates for items of data or information in NAVSEA Form 4340/2 or Schedule C, as applicable.

(2) If any action taken by the Contracting Officer pursuant to subparagraph (1) immediately above causes an increase or decrease in the costs of, or the time required for, performance of any part of the work under this contract, the contractor may be entitled to an equitable adjustment in the contract amount and delivery schedule in accordance with the procedures provided for in the clause of this contract entitled "CHANGES--COST- REIMBURSEMENT" (FAR 52.243-2) or "CHANGES--TIME-AND-MATERIALS OR LABOR-HOURS" (FAR 52.243-3).

(d) Except for the Government information and data specified by paragraphs (a), (b), and (c) above, the Government will not be obligated to furnish the Contractor any specification, standard, drawing, technical documentation, or other publication, notwithstanding anything to the contrary in the contract specifications, the GFI listed on the NAVSEA Form 4340/2 or Schedule C, as applicable, the clause of this contract entitled "GOVERNMENT PROPERTY" (FAR 52.245-1) or "GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES " (FAR 52.245-2), as applicable, or any other term or condition of this contract.

(e) Referenced Documentation. The Government will not be obligated to furnish Government specifications and standards, including Navy standard and type drawings and other technical documentation, which are referenced directly or indirectly in the contract specifications set forth in Section C and which are applicable to this contract as specifications. Such referenced documentation may be obtained:

(1) From the ASSIST database via the internet at http://assist.daps.dla.mil/; or

(2) By submitting a request to the Department of Defense Single Stock Point (DoDSSP) Building 4, Section D 700 Robbins Avenue Philadelphia, Pennsylvania 19111-5094

Telephone (215) 697-6396 Facsimile (215) 697-9398.

Commercial specifications and standards, which may be referenced in the contract specification or any sub-tier specification or standard, are not available from Government sources and should be obtained from the publishers.

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):

HQ C-2-0051 SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)

(a) Definitions.

(i) A "zero-tier reference" is a specification, standard, or drawing that is cited in the contract (including its attachments).

(ii) A "first-tier reference" is either: (1) a specification, standard, or drawing cited in a zero-tier reference, or (2) a specification cited in a first-tier drawing.

(b) Requirements.

All zero-tier and first-tier references, as defined above, are mandatory for use. All lower tier references shall be used for guidance only.

HQ C-2-0059 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)

If, during the performance of this or any other contract, the contractor believes that any contract contains outdated or different versions of any specifications or standards, the contractor may request that all of its contracts be updated to include the current version of the applicable specification or standard. Updating shall not affect the form, fit or function of any deliverable item or increase the cost/price of the item to the Government. The contractor should submit update requests to the Procuring Contracting Officer with copies to the Administrative Contracting Officer and cognizant program office representative for approval. The contractor shall perform the contract in accordance with the existing specifications and standards until notified of approval/disapproval by the Procuring Contracting Officer. Any approved alternate specifications or standards will be incorporated into the contract.

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 & 0002 - The supplies furnished hereunder shall be packaged in accordance with best commercial practice.

HQ D-2-0008 MARKING OF REPORTS (NAVSEA) (SEP 1990)

All reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

(1) name and business address of the Contractor

(2) contract number

(3) contract dollar amount

(4) whether the contract was competitively or non-competitively awarded

(5) sponsor:

(Name of Individual Sponsor)

(Name of Requiring Activity)

(City and State)

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

Item(s) 0001-0002 - Inspection and acceptance shall be made by the Contracting Officer’s Representative (COR) or a designated representative of the Government.

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 04/01/2018-12/31/2018

SEE INDIVIDUAL DELIVERY ORDER(S) FOR PERIOD OF PERFORMANCE

PLACE OF PERFORMANCE: The place of performance will be Portsmouth Naval Shipyrard, Kittery, Maine (Seavey Island).

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2018 TO

31-DEC-2018

N/A PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

CODE 501.2 RECEIVING OFFICER

BUILDING 170

KITTERY ME 03904

207-438-5206

N39040

0002 POP 01-APR-2018 TO

31-DEC-2018

N/A (SAME AS PREVIOUS LOCATION)

N39040

CLAUSES INCORPORATED BY REFERENCE

52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984 52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

INVOICE SUBMITTAL PROCESS

Invoicing Submittal Process

Vendors please note the current invoice submittal process:

1. Contractor submits a draft invoice to the contracting officer representative (COR) with all necessary documentation.

2. The COR will review the draft invoice for any issues. The COR will notify the contractor in writing if any issues are found. The contractor will correct the error or provide justification and resubmit to the COR.

3. Once the COR and the contractor are in agreement with the draft invoice amounts and documentation, the COR will notify the contractor that they can now submit to Wide Area Workflow (WAWF).

4. The COR will also send an email to Defense Contract Audit Agency (DCAA) notifying

DCAA that the COR has performed their review, and has no issues.

5. DCAA will perform their review and make the final approval.

ECMRA

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for touch labor services via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

252.204-0001 Line Item Specific: Single Funding SEP 2009

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…