N3904021Q0066 Solicitation.pdf

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PNS Material Handling Equipment (MHE) Forklift Maintenance (5 years)
Solicitation number
N3904021Q0066
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About this file

This solicitation notice is for material handling equipment and forklift maintenance services for Portsmouth Naval Shipyard in Kittery, Maine. The solicitation includes preventative and remedial maintenance over five one-year base periods and five one-year option periods for approximately 110 pieces of equipment. Required services include preventative maintenance, diagnosis and repair of non-functioning equipment, and battery charger maintenance. Offerors must provide fixed hourly labor rates and fixed prices for preventative maintenance on a per-item basis. Pricing is also required for unknown parts and repairs using pre-priced exhibits. The solicitation closes on May 7, 2021 at 3:00 PM EST and is set aside for small businesses.

The document includes a performance work statement outlining requirements, contractor responsibilities for on-site work, facilities and equipment, licensing and security requirements for personnel. Exhibits provide asset and parts pricing lists. The solicitation incorporates standard clauses for commercial items and contains instructions for deliveries to Portsmouth Naval Shipyard.

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N3904021Q0066 Attachment 1 - Wage Determination.pdf PDF
N3904021Q0066 Exhibits A-C - BetaSAM.xlsx XLSX spreadsheet

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SEE ADDENDUM

(No Collect Calls)

N3904021Q0066 07-Apr-2021

b. TELEPHONE NUMBER

270-438-4845

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 07 May 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N390409. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CODY J GREY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

PORTSMOUTH NAVAL SHIPYARD

CODE 410

KITTERY ME 03904

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE N39040 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

CODE 501.2 RECEIVING OFFICER

BUILDING 170

KITTERY ME 03904

TEL: 207-438-5206 FAX:

FAX:

TEL: 207-438-5253 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

811310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF60

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N3904021Q0066

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Preventative Maintenance - YR1

FFP

CLIN 0001: Preventative Maintenance (PM) on Material Handling Equipment (MHE) at Portsmouth Naval Shipyard, Kittery, ME in accordance with the Performance Work Statement (PWS) and the assets listed in Exhibit A. Period of Performance is: 7/28/2021-7/27/2022.

FOB: Destination

PSC CD: J039

NET AMT

0002 1 Job Remedial Maintenance - YR1

FFP

CLIN 0002: Remedial Maintenance (unknown parts and repairs) on MHE at Portsmouth Naval Shipyard, Kittery, ME in accordance with the PWS and Exhibits B & C. Period of Performance is: 7/28/2021-7/27/2022.

1001 1 Job OPTION Preventative Maintenance - YR2

FFP

OPTION CLIN 1001: Preventative Maintenance (PM) on Material Handling Equipment (MHE) at Portsmouth Naval Shipyard, Kittery, ME in accordance with the PWS and the assets listed in Exhibit A. Period of Performance is: 7/28/2022- 7/27/2023.

1002 1 Job OPTION Remedial Maintenance - YR2

FFP

OPTION CLIN 1002: Remedial Maintenance (unknown parts and repairs) on MHE at Portsmouth Naval Shipyard, Kittery, ME in accordance with the PWS and Exhibits B & C. Period of Performance is: 7/28/2022-7/27/2023.

2001 1 Job OPTION Preventative Maintenance - YR3

FFP

OPTION CLIN 2001: Preventative Maintenance (PM) on Material Handling Equipment (MHE) at Portsmouth Naval Shipyard, Kittery, ME in accordance with the PWS and the assets listed in Exhibit A. Period of Performance is: 7/28/2023- 7/27/2024.

2002 1 Job OPTION Remedial Maintenance - YR3

FFP

OPTION CLIN 2002: Remedial Maintenance (unknown parts and repairs) on MHE at Portsmouth Naval Shipyard, Kittery, ME in accordance with the PWS and Exhibits B & C. Period of Performance is: 7/28/2023-7/27/2024.

3001 1 Job OPTION Preventative Maintenance - YR4

FFP

OPTION CLIN 3001: Preventative Maintenance (PM) on Material Handling Equipment (MHE) at Portsmouth Naval Shipyard, Kittery, ME in accordance with the PWS and the assets listed in Exhibit A. Period of Performance is: 7/28/2024- 7/27/2025.

3002 1 Job OPTION Remedial Maintenance - YR4

FFP

OPTION CLIN 3002: Remedial Maintenance (unknown parts and repairs) on MHE at Portsmouth Naval Shipyard, Kittery, ME in accordance with the PWS and Exhibits B & C. Period of Performance is: 7/28/2024-7/27/2025.

4001 1 Job OPTION Preventative Maintenance - YR5

FFP

OPTION CLIN 4001: Preventative Maintenance (PM) on Material Handling Equipment (MHE) at Portsmouth Naval Shipyard, Kittery, ME in accordance with the PWS and the assets listed in Exhibit A. Period of Performance is: 7/28/2025- 7/27/2026.

4002 1 Job OPTION Remedial Maintenance - YR5

FFP

OPTION CLIN 4002: Remedial Maintenance (unknown parts and repairs) on MHE at Portsmouth Naval Shipyard, Kittery, ME in accordance with the PWS and Exhibits B & C. Period of Performance is: 7/28/2025-7/27/2026.

PERFORMANCE WORK STATEMENT

Performance Work Statement

Portsmouth Naval Shipyard, Kittery, ME has a requirement to maintain approximately 110 pieces of Material Handling Equipment (MHE) to include preventative maintenance (PM), diagnosis/repair of non-functioning equipment, modifications, and diagnosis/repair of battery chargers for electric MHE on site at the Portsmouth Naval Shipyard, Portsmouth NH. Contractor will provide a firm-fixed hourly labor rate for all diagnosis and repairs, which will be firm fixed for the life of the contract. The Government has estimated the parts on Exhibit B & C based on actual history of the parts used. The quantities and use factor is an estimate. Contractor shall insert unit pricing for The Prices on Exhibit B & C shall be firm fixed for the life of the Contract. Government Furnished Parts/Material GFP/GFM may be used in lieu of Contractor furnished parts.

CLIN 0001 AND OPTION YEARS – PREVENTATIVE MAINTENANCE (PM) IAW EXHIBIT A

Semi-Annual PMs will be required under this contract and will be scheduled by the COR. Some equipment may require more than two PM services during the period of performance, while scheduling and repair services may prevent some of the equipment from receiving two PMs. The contractor shall conduct an annual fork inspection on all forklifts in accordance with NAVSUP Pub 538 on the first PM during the period of performance. The contractor shall provide a firm-fixed price per individual piece of equipment on Exhibit A. These prices shall be firm fixed for the life of the contract.

Fork Inspection - Forks shall be inspected and documented in the MHE's history file at intervals of not more than 12 months or whenever any defect or permanent deformation is detected. Fork inspections shall be documented on the attached Fork Maintenance Inspection Form. Procedures are located on the back of the Fork Maintenance Inspection Form to support each inspection criteria. Any fork defect shall be cause for the MHE to be removed from service until the fork is repaired or replaced. Only the manufacturer or their designated representative shall be authorized to repair forks.

Contractor Labor Rate:

7/28/2021-7/27/2022 7/28/2022-7/27/2023 7/28/2023-7/27/2024

7/28/2024-7/27/2025

7/28/2025-7/27/2026

CLIN 0002 AND OPTION YEARS – UNPLANNED PARTS/REPAIRS IAW EXHIBIT B & C

Any unplanned repairs or modifications on MHE will require the contractor to submit an Unplanned Parts & Repair Form to the COR/ACOR for review prior to proceeding with the work. All parts/material used on each repair or modification will be priced and listed on the Unplanned Parts & Repair Form by ELIN, Description, Part Number, Quantity, Rate, and Price IAW Exhibit B & C. Once work has been completed, the Contractor will submit the completed Unplanned Parts & Repair Form to the COR/ACOR for review and acceptance of repairs. Government furnished parts/material may be used instead of contractor parts, and will be identified by annotating GFM or GFP in lieu of an ELIN. All labor for unplanned repairs will be listed on the Unplanned Parts & Repair Form by Description (Labor), Quantity (Number of Hours) Rate (Firm Fixed Hourly Labor Rate). The parts/material prices on Exhibit B & C shall be firm fixed for the life of the contract. The Labor rate shall be firm fixed for the life of the contract.

UNPRICED PARTS/MATERIAL

It is understood that some parts and material required for repairs or modifications will not be identified and pre-priced on the Unplanned Parts & Material Exhibit B & C. If parts and/or material required for repairs or modifications are not identified on Exhibit B & C, the contractor shall provide a quote (if authorized) or an invoice from a reputable parts vendor in lieu of an ELIN with the Unplanned Parts & Repair Form to the COR/ACOR for approval. There shall be no added profit on un-priced parts/material; however, the Contractor may include a reasonable shipping/handling fee. The COR/ACOR will forward a copy of the parts quote or invoice to the Contracting Officer for negotiation and approval. The parts will be added to Exhibit B & C during the next contract modification. In the interim, the Contractor will continue to use a copy of the negotiated parts quote or invoice on subsequent repairs requiring the same part until such time the part is added to Exhibit B & C by the Contracting Officer.

PREVENTATIVE MAINTENANCE AND REPAIRS

The Preventative Maintenance (PM) Program for MHE aboard the Portsmouth Naval Shipyard, Portsmouth NH is for an estimated 110 pieces of electric and internal combustion MHE. All preventative maintenance will be performed in accordance with (IAW) the manufacturer’s commercial specifications. The contractor should review the manufacturer’s commercial specifications for preventative maintenance prior to proposing on this solicitation.

The MHE quantities may increase or decrease during the period of performance as new equipment and/or replacement equipment is received or removed. All MHE PM’s and Repair work shall be performed on site (Portsmouth Naval Shipyard) to minimize downtime. The contractor shall be required to comply with all Federal, State, and Local environmental protection provisions. The contractor is responsible for all labor, tools, supplies, consumables, transportation, and repair parts necessary to perform a timely and efficient preventative maintenance program. PMs shall be performed during normal government working hours, Monday through Friday, 7:00 am through 3:30 pm. Repairs may not be performed outside of normal government working hours. If the contractor schedules any repairs during a regular federal holiday or one designated by Presidential Proclamation, rescheduling shall be at the discretion of the COR/ACOR.

The contractor is required to perform all repairs on site at the Portsmouth Naval Shipyard unless at the discretion of COR/ACOR it is determined unfeasible. The contractor shall provide equipment and personnel necessary to load, unload, and transport the MHE to and from (round trip) to contractor’s facility for repair at the direction of the

COR/ACOR.

The contractor shall have a maximum turn-around time of 48 hours (excluding federal holidays) for minor repairs to keep equipment fully operational.

Although not manufactured exclusively for the government, for the purpose of this contract, all MHE equipment is Government Furnished Property (GFP). The Contractor, upon receipt of any GFP shall assume all risk of and shall be responsible for any loss or damage thereto. Any GFP required to be removed from the shipyard shall have prior Approval of the COR/ACOR, and shall be signed for by the contractor. The necessary receipt form will be provided by the COR/ACOR.

All Personal Protective Equipment (PPE) required for the employees shall be the responsibility of the Contractor.

Building 348 at the Portsmouth Naval Shipyard is currently identified for the contractor’s use during the contract period of performance. The Government has designated this workspace to permit contractor personnel to perform unrestricted by interference for on-site repairs. The existing utilities and services, i.e., electricity, water, and snow removal, etc. shall be made available at no charge to the contractor. (The contractor shall be responsible for removing snow from the doorways of Bldg 348). The Government reserves the right to change contractor’s designated workspace any time during the contract period of performance. The Government shall promptly make all MHE available to the contractor on site for PMs/repairs. The contractor may be required to perform repair/maintenance on MHE in other locations around the Shipyard. The COR/ACOR will identify the location of the MHE to the contractor.

The individual contractor employee(s) assigned to this contract shall be American Citizen(s) and must be able to obtain a security clearance to gain access to the Controlled Industrial Area (CIA). All contractor vehicles shall have a contractor logo (magnetic or painted) affixed to both sides for easy identification. The contractor’s employee(s) shall be a certified mechanic and have a commercial MHE license rated for all equipment identified on the contract.

The contractor’s employee may be required to move and/or drive MHE within the Portsmouth naval Shipyard. The contractor employee(s) assigned must have at a minimum, formal MHE repair training/certification and three years on-the-job experience, or five years on-the-job experience.

MANDATORY:

All contractor employees performing this service must be United States Citizens. All employees must have a birth certificate for proper identification. The contractor will be required to have all security clearances for employees performing on this contract aboard the Portsmouth Naval Shipyard within three months after date on contract award.

Failure to obtain the required security clearance(s) may be cause for Termination for Cause.

ACCESS:

The contractor’s access may be impacted at times due to restraints working inside the CIA where submarines are undergoing overhaul. The contractor must be flexible allowing for a minimum loss of time. This planned loss of time allows for:

1. Briefings and training required by Department of Defense, US Naval and/or OSHA regulations for contractor personnel.

2. Initial issue and any required re-issue of security passes/badges for contractor personnel, vehicles, and/or equipment.

3. Security checks and identification verification of contractor personnel, vehicles, and their equipment

4. entering the Shipyard, CIA, and Dry Dock

5. Stoppage of work in response to security violations, which may or may not be attributed to this contracted work.

6. An increase in security level instituted throughout the Shipyard, CIA, and Dry Dock.

7. Interference from other ongoing work due to confined and restrictive environment of the CIA.

8. For contractors requiring escorts; conflicting work hours between contractors and escort personnel as well as shortage of qualified escorts available to accompany contractor personnel.

Cell phones with cameras and lap top computers with cameras are prohibited on the Portsmouth Naval Shipyard.

Government Furnished Parts/Material (GFP/GFM) shall be used for repairs prior to the purchase of any parts from the contractor. The Government shall provide an inventory of all GFP/GFM on site upon award of contract. During the period of performance, the government may purchase parts/material from other sources and provide to the contractor as GFP/GFM. The contractor will be required to provide GFP/GFM usage on the Unplanned Parts & Repairs report.

RESIDUAL/TRADE-IN DOLLARS:

The contractor shall return to the government; all residual/trade-in dollars received by the contractor for the sale of all types of mechanical and electrical equipment previously installed on government owned equipment, i.e. trade-in allowances for engines, transmissions, alternators, etc. The contractor will maintain a log denoting the trade-ins, and dollar value received. This log will be made available to the COR and Contracting Officer at any time during the contract period. An adjustment for the trade-in value to the contract price will be by modification.

FREIGHT:

The Contract is FOB destination. Any freight for parts and/or equipment shall be the responsibility of the contractor, unless the COR requests an expedited/overnight shipment of any parts. A receipt for expedited freight service shall be provided with the submission of the Unplanned Parts & Repairs Form.

SAFETY INSPECTION:

Safety inspections for lifting devices shall be in compliance with the Occupational Safety and Health Act (OSHA) dated 1970. The contractor shall be required to physically inspect lifting devices at periodic intervals. The COR will schedule the safety inspections when applicable.

Limited Technical Inspections (LTI) shall be determined by the COR/ACOR. The LTI shall include a thorough inspection of engine, transmission, major components, controls, masts, cables, chains, hoses, and all systems (electrical, air, hydraulics). The cost to repair the unit shall be included on the Unplanned Parts & Repairs Form.

The COR/ACOR will determine if the repair is in the best interest of the government.

Tire repair/replacement shall be performed according to the best commercial practice. If performed at the Portsmouth Naval Shipyard, the contract shall comply will all OSHA requirements. A tire cage, when required, is the responsibility of the contractor. The contractor shall have a maximum turn-around time of 48 hours, excluding federal holidays, for tire repair/replacement to keep equipment fully operational.

To prevent and provide abatement and/or control of any environmental pollution arising from the performance of the contract, the contractor shall comply with all federal, state, and local laws and regulations concerning environmental pollution control in effect at time of award.

All work performed under this contract is subject to Government acceptance. Acceptance shall be made by the COR/ACOR. The contractor shall submit the Unplanned Parts & Repairs Form to the COR/ACOR. If rework is required, the contractor shall correct the unsatisfactory work within three (3) days. Rework is not reimbursable.

MHE Repair Shop Building 348

Building 348 has approximately 1200 sq. ft. of space.

Government Furnished Material and Equipment in working bay:

1. (1) MAC Battery Charger (S/N F10693)

2. (1) Patton Fan Model # 1010MP

3. (2) Metal Work Benches

4. (4) Metal Storage Racks

5. (4) Metal Storage Lockers

6. (1) File Cabinets

7. (1) Air Compressor

Government Furnished Material and Equipment in office:

1. (1) Table

2. (4) Chairs

3. (1) Telephone Ext 5161

The Contractor shall complete Exhibit’s A & B & C and return with a signed and completed DD 1449 to be considered for award. Certificate for Certified Mechanic must also be provided. Faxes and electronic submittals are not accepted. We must receive a complete package by the date and time specified in the Request for Quote.

MAIL:

Portsmouth Naval Shipyard, Code 410 Contracting Division Portsmouth NH 03801

UPS/FEDEX:

Portsmouth Naval Shipyard, Code 410 Contracting Division Kittery, ME 03904

CONTRACT ADMINISTRATION PLAN (CAP) FOR FIXED PRICE CONTRACTS

In order to expedite the administration of this contract, the following delineation of duties is provided. The names, addresses and phone numbers for these offices or individuals are included elsewhere in the contract award document. The office or individual designated as having responsibility should be contacted for any questions, clarifications, or information regarding the administration function assigned.

1. The Procuring Contract Office (PCO) is responsible for:

a) All pre-award duties such as solicitation, negotiation and award of contracts.

b) Any information or questions during the pre-award stage of the procurement.

c) Freedom of Information inquiries.

d) Changes in contract terms and/or conditions.

e) Post award conference.

2. The Contract Administration Office (CAO) is responsible for matters specified in the FAR 42.302 and

DFARS

42.302, except those areas otherwise designated as the responsibility of the Contracting Officer's Representative (COR) or someone else herein.

3. The paying office is responsible for making payment of proper invoices after acceptance is documented.

4. The Contracting Officer's Representative (COR) is responsible for interface with the contractor and performance of duties such as those set forth below. It is emphasized that only the PCO/CAO has the authority to modify the terms of the contract. In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the Government. If in the opinion of the contractor an effort outside the scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action may be taken by the contractor unless the PCO or CAO has issued a contractual change. The COR duties are as follows:

a) Technical Interface

(1) The COR is responsible for all Government technical interface concerning the contractor and furnishing technical instructions to the contractor. These instructions may include: technical advice/recommendations/clarifications of specific details relating to technical aspects of contract requirements;

milestones to be met within the general terms of the contract or specific subtasks of the contract; or, any other interface of a technical nature necessary for the contractor to perform the work specified in the contract. The COR is the point of contact through whom the contractor can relay questions and problems of a technical nature to the

PCO.

(2) The COR is prohibited from issuing any instruction which would constitute a contractual change. The COR shall not instruct the contractor how to perform. If there is any doubt whether technical instructions contemplated fall within the scope of work, contact the PCO for guidance before transmitting the instructions to the contractor.

b. Contract Surveillance

(1) The COR shall monitor the contractor's performance and progress under the contract. In performing contract surveillance duties, the COR should exercise extreme care to ensure that he/she does not cross the line of personal services. The COR must be able to distinguish between surveillance (which is proper and necessary) and supervision (which is not permitted). Surveillance becomes supervision when you go beyond enforcing the terms of the contract. If the contractor is directed to perform the contract services in a specific manner, the line is being crossed.

In such a situation, the COR's actions would be equivalent to using the contractor's personnel as if they were government employees and would constitute transforming the contract into one for personal services.

(2) The COR shall monitor contractor performance to see that inefficient or wasteful methods are not being used. If such practices are observed, the COR is responsible for taking reasonable and timely action to alert the contractor and the PCO to the situation.

(3) The COR will take timely action to alert the PCO to any potential performance problems. If performance schedule slippage is detected, the COR should determine the factors causing the delay and report them to the PCO, along with the contractor's proposed actions to eliminate or overcome these factors and recover the slippage. Once a recovery plan has been put in place, the COR is responsible for monitoring the recovery and keeping the PCO advised of progress.

c. Invoice Review and Approval/Inspection and Acceptance

(1) The COR is responsible for quality assurance of services performed and acceptance of the services or deliverables. The COR shall expeditiously review copies of the contractor's invoices or vouchers, certificate of performance and all other supporting documentation to determine the reasonableness of the billing. In making this determination, the COR must take into consideration all documentary information available and any information developed from personal observations.

(2) The COR must indicate either complete or partial concurrence with the contractor's invoice/voucher by executing the applicable certificate of performance furnished by the contractor. The COR must be cognizant of the invoicing procedures and prompt payment due dates detailed elsewhere in the contract.

(3) The COR will provide the PCO and the CAO with copies of acceptance documents such as Certificates of Performance.

(4) The COR shall work with the Contractor to obtain and execute a final invoice no more than 60 days after completion of contract performance. The COR shall ensure that the invoice is clearly marked as a “Final Invoice.”

d. Contract Modifications. The COR is responsible for developing the statement of work for change orders or modifications and for preparing an independent government cost estimate of the effort described in the proposed statement of work.

e. Administrative Duties

(1) The COR shall take appropriate action on technical correspondence pertaining to the contract and for maintaining files on each contract. This includes all modifications, government cost estimates, contractor invoices/vouchers, certificates of performance, DD 250 forms and contractor's status reports.

(2) The COR shall maintain files on all correspondence relating to contractor performance, whether satisfactory or unsatisfactory, and on trip reports for all government personnel visiting the contractor's place of business for the purpose of discussing the contract.

(3) The COR must take prompt action to provide the PCO with any contractor or technical code request for change, deviation or waiver, along with any supporting analysis or other required documentation.

f. Government Furnished Property When government property is to be furnished to the contractor, the COR will take the necessary steps to insure that it is furnished in a timely fashion and in proper condition for use. The COR will maintain adequate records to ensure that property furnished is returned and/or that material has been consumed in the performance of work.

g. Security The COR is responsible for ensuring that any applicable security requirements are strictly adhered to.

h. Standards of Conduct The COR is responsible for reading and complying with all applicable agency standards of conduct and conflict of interest instructions.

i. Written Report/Contract Completion Statement

(1) The COR is responsible for timely preparation and submission to the PCO, of a written, annual evaluation of the contractors performance. The report shall be submitted within 30 days prior to the exercise of any contract option and 60 days after contract completion. The report shall include a written statement that services were received in accordance with the Contract terms and that the contract is now available for close-out. The report shall also include a statement as to the use made of any deliverables furnished by the contractor.

(2) The COR is responsible for providing necessary assistance to the Contracting Officer in performing Contract Close-out in accordance with FAR 4.804, Closeout of Contract Files.

5. The Technical Assistant (TA), if appointed, is responsible for providing routine administration and monitoring assistance to the COR. The TA does not have the authority to provide any technical direction or clarification to the contract. Duties that may be performed by the TA are as follows:

a) Identify contractor deficiencies to the COR.

b) Review contract deliverables, recommend acceptance/rejection, and provide the COR with documentation to support the recommendation.

c) Assist in preparing the final report on contractor performance for the applicable contract in accordance with the format and procedures prescribed by the COR.

d) Identify contract noncompliance with reporting requirements to the COR.

e) Review contractor status and progress reports, identify deficiencies to the COR, and provide the COR with recommendations regarding acceptance, rejection, and/or Government technical clarification requests.

f) Review invoices and provide the COR with recommendations to facilitate COR certification of the invoice.

g) Provide the COR with timely input regarding technical clarifications for the statement of work, possible technical direction to provide the contractor, and recommend corrective actions.

h) Provide detailed written reports of any trip, meeting, or conversation to the COR subsequent to any interface between the TA and contractor.

***End PWS***

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 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 28-JUL-2021 TO

27-JUL-2022

N/A PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

CODE 501.2 RECEIVING OFFICER

BUILDING 170

KITTERY ME 03904

207-438-5206

N39040

0002 POP 28-JUL-2021 TO

27-JUL-2022

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 28-JUL-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 28-JUL-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 28-JUL-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 28-JUL-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 28-JUL-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 28-JUL-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 28-JUL-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 28-JUL-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.204-2 Security Requirements MAR 2021 52.204-2 Alt I Security Requirements (MAR 2021) - Alternate I APR 1984 52.204-2 Alt II Security Requirements (MAR 2021) - Alternate II APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-7 Alt I System for Award Management-- Alternate I OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.211-6 Brand Name or Equal AUG 1999 52.211-14 Notice Of Priority Rating For National Defense, Emergency

Preparedness, and Energy Program Use

APR 2008

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (FEB 2021) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-1 Small Business Program Representations NOV 2020 52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners.

JUN 2016

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.

DEC 2016

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-2 Service Of Protest SEP 2006 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items NOV 2020 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7007 Alternate A, Annual Representations and Certifications NOV 2020 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.217-7028 Over And Above Work DEC 1991 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA)

(OCT 2018)

(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 should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring Contracting Officer 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.

(End of text)

C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)

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.

C-217-H005 GROWTH AND NEW WORK (NAVSEA) (JAN 2019)

(a) The Contractor is required to notify the Contracting Officer via email regarding growth and new work within 30 days of discovery:

(1) of any apparent errors or omissions in the contract (SF 33, specifications, drawings, etc.); and,

(2) of any/all conflicts between the contract package and actual conditions observed during ship check(s) and/or contract execution.

(b) Growth work is synonymous with over and above work, which is described in DFARS 252.217-7028, Over and Above Work and it provides the process for adjudication.

(c) New work is distinguished from over and above work and is outside the scope of the competitively procured requirement. New work will be approved in accordance with FAR Part 6 and associated policies and procedures.

(d) The Government will NOT negotiate modifications to increase the contract price to address errors or omissions to the contract package which were reasonably apparent to the contractor prior to proposal submission.

(End of Text)

C-222-H002 DEPARTMENT OF LABOR SAFETY AND HEALTH STANDARDS FOR SHIPBUILDING

(NAVSEA) (OCT 2018)

Attention of the Contractor is directed to Public Law 91-596, approved December 29, 1970 (84 Stat. 1590, 29 USC

655) known as the "Occupational Safety and Health Act of 1970" and to the "Occupational Safety and Health Standards for Shipyard Employment" promulgated thereunder by the Secretary of Labor (29 CFR. 1910 and 1915).

These regulations apply to all shipbuilding and related work, as defined in the regulations. Nothing contained in this contract shall be construed as relieving the Contractor from any obligations which it may have for compliance with the aforesaid regulations.

C-223-H003 EXCLUSION OF MERCURY (NAVSEA) (MAR 2019)

(a) Definitions. As used in this text:

Article means a manufactured item other than a fluid or particle: (i) which is formed to a specific shape or design during manufacture; (ii) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and (iii) which under normal conditions of use does not release more than very small quantities, e.g., minute or trace amounts of a hazardous chemical, and does not pose a physical hazard or health risk to employees.

Boundary of containment means a continuous tight seal (barrier) to prevent the release of functional mercury during normal operation and maintenance. Examples include the exterior of a fluorescent lamp, glass capsule of a mercury switch, and container for mercury reagents. A double boundary of containment consists of two independent seals.

Functional mercury means mercury or mercury compound(s) contained in equipment that is required for the equipment to operate properly, such as that found in mercury switches, fluorescent lamps, flat-panel monitors, thermostats, thermostat probes, small coin type batteries, barometers, and dental amalgams.

Hardware means any article, container, piece of material, individual part, subassembly, assembly, component, or system to which mercury control requirements apply.

Mercury-free means hardware that does not contain functional mercury and is not contaminated by mercury or mercury compounds.

Portable means items that are frequently transported during normal operation. Desk lamps, shop lights, and hand-held instruments are considered portable, while bulbs in stationary light fixtures are not. In general, items that require transport only during maintenance, installation, and removal of the items are not considered portable.

(b) The Contractor, and all subcontractors and vendors, shall ensure that mercury or mercury containing compounds are not intentionally added to, or come in direct contact with, hardware or supplies furnished under this contract.

(1) The Contractor shall ensure that mercury and mercury compounds are not taken onboard naval vessels by Contractor, subcontractor, or vendor personnel except for functional mercury used in batteries, dental amalgams, fluorescent lamps, flat-panel monitors, required instruments, sensors or controls, weapon systems, and chemical analysis reagents specified by the Naval Sea Systems Command (NAVSEA).

(2) Portable fluorescent lamps and portable instruments containing elemental mercury must be shock-proof in accordance with MIL-DTL-901E entitled Requirements for Shock Tests, H.I. (High Impact) Shipboard Machinery, Equipment, and Systems and have mercury enclosed by a double boundary of containment. Some devices with liquid crystal display (LCD) screens utilize a fluorescent bulb backlight to illuminate the LCD screen.

No additional restrictions or controls apply to devices with LCD screens; however, the Contractor shall remove the LCD screen and seal it in plastic following any evidence that the backlight failed.

(3) For Submarines, any use of mercury containing items must be approved as required by the Nuclear Powered Submarine Atmosphere Control Manual (S9510-AB-ATM-010/U) Volume 1.

(4) The Contractor shall ensure that mercury and mercury compounds do not contact hardware surfaces in systems covered by NAVSEA Manual NAVSEA 0989-064-3000 entitled Cleanliness Requirements for Nuclear Propulsion Plant Maintenance and Construction, submarine air systems, level I systems per NAVSEA Publication 0948-LP-045-7010, NAVSEA Material Control Standard, or the submarine safety program (SUBSAFE) surfaces during maintenance or repair. Such hardware is designated as mercury-free. The Contractor shall ensure that all other hardware that could be structurally degraded by contamination with elemental mercury or reactive mercury compounds is separated from it by sufficient distance, or boundaries of containment that effectively prevents contact in all but the most extreme circumstances.

(5) The Contractor shall check any hardware surfaces in the above systems which are known or suspected to have come in contact with mercury or mercury compounds for evidence of structural degradation and external mercury contamination. The existence of external mercury contamination can be determined following MIL-STD-2041D entitled Control of Detrimental Materials.

(6) The presence of mercury in a product may be determined by checking product labeling on material safety data sheets or safety data sheets. Chemical analysis is not required.

(7) The Contractor shall dispose of any mercury and mercury compounds in accordance with OPNAV Manual (OPNAV M-5090.1) entitled Environmental Readiness Program Manual of 10 January 2014.

(8) If the use of mercury or mercury compounds cannot be avoided, a risk assessment and waiver request, if required, must be performed and submitted per the NAVSEA Hazardous Material Avoidance Process (T9070-AL- DPC-020/077-2). For systems covered by the NAVSEA Manual NAVSEA 0989-064-3000 entitled Cleanliness Requirements for Nuclear Propulsion Plant Maintenance and Construction, submit the risk assessment and waiver request, if required to Nuclear Propulsion (NAVSEA 08).

(c) In all cases where mercury or a mercury compound has contacted hardware surfaces required to be mercury-free the Contractor shall immediately provide a report to the NAVSEA Dry Environmental Systems and Hazardous Materials (NAVSEA 05P5) via the cognizant contract administration safety office. Reports concerning systems covered by NAVSEA Manual 0989-064-3000 must include NAVSEA Nuclear Propulsion Directorate (SEA 08) in the distribution. Reports must be in letter form and include the date and details of the contact, the surfaces contacted, the recovery actions taken, and the status of the affected surfaces.

C-223-H004 MANAGEMENT AND DISPOSAL OF HAZARDOUS WASTE (NAVSEA) (MAR 2019)

(a) General

(1) The Contractor shall comply with the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 10 U.S.C. 7311 and all other applicable Federal, State and local laws, codes, ordinances and regulations for the management and disposal of hazardous waste.

(2) Nothing contained in this special contract requirement shall relieve the Contractor from complying with applicable Federal, State, and local Laws, codes, ordinances, and regulations, including obtaining licenses and permits, giving notices and submitting reports, in connection with hazardous waste management and disposal in the performance of this contract. Nothing contained herein shall serve to alter either party's liability or responsibility under CERCLA.

(3) Materials contained in ship systems are not waste until after removal from the system.

(b) Identification of Hazardous Wastes - of this contract identifies the types and amounts of hazardous wastes that are required to be removed by the Contractor, or that are expected to be generated, during the performance of work under this contract.

(c) Generator Identification Numbers

(1) Documentation related to hazardous waste generated solely by the physical actions of ship's force or Navy employees on board the vessel shall only bear a generator identification number issued to the Navy pursuant to applicable law.

(2) Documentation related to hazardous waste generated solely by the physical actions of Contractor personnel shall only bear a generator identification number issued to the Contractor pursuant to applicable law. Regardless of the presence of other materials in or on the shipboard systems or structures which may have qualified a waste stream as hazardous, where the Contractor performs work on a system or structure using materials (whether or not the use of such materials was specified by the Navy) which by themselves would cause the waste from such work to be a hazardous waste, documentation related to such waste shall only bear a generator identification number issued to the Contractor.

(3) Documentation related to hazardous waste generated by the combined physical actions of Navy and Contractor personnel shall bear a generator identification number issued to the Contractor pursuant to applicable law and shall also cite in the remarks block a generator identification number issued to the Navy pursuant to…

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