2C RFP N4033924RF001 USCG RONALD GOLDMAN.pdf

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PAGE(S)

until local time

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57 - 66 X H 67 - 70 priya.rathnakara.ln@us.navy.mil

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)

1 70

(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.

N40339 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)

PRIYA S. RATHNAKARA 973-1785-3183

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 19

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

21 - 23

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 24 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 25 - 35 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

36 - 47

PART II - CONTRACT CLAUSES

NAVSUP FLC BAHRAIN CODE 200

FLEET SUPPORT DIVISION PSC 851 BOX 430

FPO AE 09834-0005

973-1785-4417

973-1785-3364FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.

N4033924ROBGOLD

5. DATE ISSUED

16 Oct 2023

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N4033924RF001

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job USCGC Robert Goldman (WPC 1142), Drydock

FFP

Work Item no D-001, Hull Plating, Inspect, as per the attached statement of work.

FOB: Destination

MILSTRIP: N4033924ROBGOLD

PURCHASE REQUEST NUMBER: N4033924ROBGOLD

PSC CD: J998

NET AMT

0002 1 Job D-002, Tanks and Voids, Inspect- Preerve

FFP

Work Item no D-002, Tanks and Voids, Inspect and Preserve, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0003 1 Job D-003, Watertight Closures, Assess

FFP

Work Item no D-003, Watertight Closures, Assess, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0004 1 Job D-004, Louver Assembly, Overhaul

FFP

Work Item no D-004, Louver Assembly, Overhaul, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0005 1 Job D-005, Propulsion Shafting System

FFP

Work Item no D-005, Propulsion Shafting System, Inspect and Repair, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0006 1 Job D-006, ASW/Firemain System Components

FFP

Work Item no D-006, ASW/Firemain System Components, Renew-Overhaul, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0007 1 Job D-007, Electrical Power Distribution

FFP

Work Item no D-007,Electrical Power Distribution System, Thermographic Inspection (450 VAC And Below), as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0008 1 Job D-008, Bilge Surface and Piping, Clean

FFP

Work Item no D-008, Bilge Surface and Piping, Clean and Inspect, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0009 1 Job D-009, Machinery Ventilation System

FFP

Work Item no D-009, Machinery Ventilation System, Clean, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0010 1 Job D-010, HVAC Duct System, Clean

FFP

Work Item no D-010, HVAC Duct System, Clean, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0011 1 Job D-011, HVAC Demister, Renew

FFP

Work Item no D-011, HVAC Demister, Renew, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0012 1 Job D-012, Rudder Assemblies, Inspect

FFP

Work Item no D-012, Rudder Assemblies, Inspect and Repair, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0013 1 Job D-013, Stabilizing Fins, Inspect

FFP

Work Item no D-013, Stabilizing Fins, Inspect and Repair, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0014 1 Job D-014, Bow Thruster Propeller and Tunnel

FFP

Work Item no D-014, Bow Thruster Propeller and Tunnel, Inspect and Repair, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0015 1 Job D-015, Stern Launch Door, Inspect

FFP

Work Item no D-015, Stern Launch Door, Inspect and Preserve, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0016 1 Job D-016, Sewage and Grey Water System

FFP

Work Item no D-016, Sewage and Grey Water System, Clean and Inspect, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0017 1 Job D-017, Superstructure, Preserve

FFP

Work Item no D-017, Superstructure, Preserve, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0018 1 Job D-018, Freeboard, Preserve

FFP

Work Item no D-018, Freeboard, Preserve, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0019 1 Job D-019, Mast, Preserve

FFP

Work Item no D-019, Mast, Preserve, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0020 1 Job D-020, Weatherdecks, Preserve

FFP

Work Item no D-020, Weatherdecks, Preserve, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0021 1 Job D-021, U-W Body, Preserve

FFP

Work Item no D-021, U-W Body, Preserve, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0022 1 Job D-022, Impressed Current Cathodic (ICCP)

FFP

Work Item no D-022, Impressed Current Cathodic Protection (ICCP) and Anti- Fouling System, Inspect and Maintain, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0023 1 Job D-023, Drydocking

FFP

Work Item no D-023, Drydocking, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0024 1 Job D-024, Temporary Services, Provide

FFP

Work Item no D-024, Temporary Services, Provide - Cutter, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0025 1 Job D-025, Sea Trial Performance, Support

FFP

Work Item no D-025, Sea Trial Performance, Support, Provide, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0026 1 Job D-026, AT-FP, Support

FFP

Work Item no D-026, AT-FP, Support, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0027 1 Job D-027, Stern Tube Interiors, Preserve

FFP

Work Item no D-027, Stern Tube Interiors, Preserve, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0028 1 Job D-028, Interior Deck Covering, Renew

FFP

Work Item no D-028, Interior Deck Covering, Renew, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0029 1 Job OPTION O-029, 30 Day In Dry-Dock Extension

FFP

Work Item no O-029, 30 Day In Dry-Dock Extension, as per the attached statement of work

FOB: Destination

MILSTRIP: N4033924ROBGOLD

0030 1 Job OPTION O-030, 30 Day Out of Dry-Dock Extension

FFP

Work Item no O-030, 30 Day Out of Dry-Dock Extension, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0031 1 Job OPTION O-031, 15 Day In Dry-Dock Extension

FFP

Work Item no O-031, 15 Day In Dry-Dock Extension, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0032 1 Job OPTION O-032, 15 Day Out of Dry-Dock Extension

FFP

Work Item no O-032, 15 Day Out of Dry-Dock Extension, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0033 1 Job OPTION O-033, 1 Day In Dry-Dock Extension

FFP

Work Item no O-033, 1 Day In Dry-Dock Extension, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

0034 1 Job OPTION O-034, 1 Day Out of Dry-Dock Extension

FFP

Work Item no O-034, 1 Day Out of Dry-Dock Extension, as per the attached statement of work FOB: Destination

MILSTRIP: N4033924ROBGOLD

GROWTH WORK LABOR RATE:

The number of man hours associated with the growth work will be established at the award of a contract modification. If the Government issues a modification to increase the work performed under this contract, the Contractor's price shall be based on the following labor rate.

If the Government issues a modification to increase the work performed under this contract, the Contractor's price shall be based on the quoted labor rate below.

Description Proposed Labor Rate ($/hr.)

Growth Work Labor rate

This labor rate in the above table shall cover any work performed by the labor categories listed below. If the contractor wishes to quote a different labor rate for a different type of labor category, the price may be negotiated prior to contract modification issuance.

Growth Work Labor Category

Abrasive cleaning/blasting Machinists (inside and outside)

Brazing Painting

Carpentry Pipefitting

Electrical Work Rigging

Electronic Work Sheet metal Work

Engineering Ship fitting

Fire Watch Staging/scaffolding

General Labor Tank cleaning

Lagging Welding

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 Origin Government Origin Government 0002 Origin Government Origin Government 0003 Origin Government Origin Government 0004 Origin Government Origin Government 0005 Origin Government Origin Government 0006 Origin Government Origin Government 0007 Origin Government Origin Government 0008 Origin Government Origin Government 0009 Origin Government Origin Government 0010 Origin Government Origin Government 0011 Origin Government Origin Government 0012 Origin Government Origin Government 0013 Origin Government Origin Government 0014 Origin Government Origin Government 0015 Origin Government Origin Government 0016 Origin Government Origin Government 0017 Origin Government Origin Government 0018 Origin Government Origin Government 0019 Origin Government Origin Government 0020 Origin Government Origin Government 0021 Origin Government Origin Government 0022 Origin Government Origin Government 0023 Origin Government Origin Government 0024 Origin Government Origin Government 0025 Origin Government Origin Government 0026 Origin Government Origin Government 0027 Origin Government Origin Government 0028 Origin Government Origin Government 0029 Origin Government Origin Government 0030 Origin Government Origin Government 0031 Origin Government Origin Government 0032 Origin Government Origin Government 0033 Origin Government Origin Government 0034 Origin Government Origin Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 13-FEB-2024 TO

29-MAY-2024

N/A USCGC ROBERT GOLDMAN (WPC 154)

LTJG ALEXANDRA P. LOMBARDI

CONTRACTORS FACILITY

MANAMA FL

(843) 308-9638 FOB: Destination

70Z080

0002 POP 13-FEB-2024 TO

29-MAY-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0015 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0016 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0017 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0018 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0019 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0020 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0021 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0022 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0023 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0024 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0025 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0026 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0027 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0028 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0029 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0030 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0031 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0032 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0033 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0034 POP 13-FEB-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

52.211-17 Delivery of Excess Quantities SEP 1989 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-30 F.O.B. Origin, Contractor's Facility FEB 2006 52.247-55 F.O.B. Point For Delivery Of Government-Furnished

Property

JUN 2003

Section G - Contract Administration Data

G-1 DESIGNATED INVOICE OFFICE

(a) The Materials Inspection and Completion Report shall be submitted to the Receiving Officer for the certification of inspection and acceptance. After certification, the Contractor shall submit its invoice to the COR and Technical POC via email for.

(b) Payment will be made by payment office after performance and acceptance of services. The Government will only pay for those services or portions thereof, which have been accepted.

Commercial Bill Paying Office (CBPO)

CNREURAFCENT COMPTROLLER (N8)

Umair Masood Office: +973-1785-6666 & 4 Email: Umair.masood.ln@us.navy.mil

G-2 Contracting Officer’s Representative LTJG Alexandria Lombardi Contracting Officer’s Representative

SFLC PBPL

Phone: (786) 479-0319 Email: Alexandra.P.Lombardi@uscg.mil

G-3 Technical POC LTJG Micah Larson Availability Project Manager

SFLC NORFOLK

Phone: (757) 628-4565 Email: micah.j.larson@uscg.mil

G-4 Contract Specialist Priya Rathnakara Contract Specialist NAVSUP FLC Bahrain Code 200 (ZULU +3) Office: +973-1785-3183 Email: Priya.Rathnakara.IN@me.navy.mil

Section H - Special Contract Requirements

H.1 Contracts and Compensation.

(a) Whenever the Contracting Officer determines that a vessel, its cargo or stores, would be endangered by delay, or whenever the Contracting Officer determines that military necessity requires that immediate work on a vessel is necessary, the Contracting Officer may issue a written order to perform that work and the Contractor hereby agrees to comply with that order and to perform work on such vessel within its capabilities.

(1) As soon as practicable after the issuance of the order, the Contracting Officer and the Contractor shall negotiate a price for the work and the Contracting Officer shall issue a modification covering the work.

(2) The Contractor shall, upon request, furnish the Contracting Officer with a breakdown of costs incurred by the Contractor and an estimate of costs expected to be incurred in the performance of the work.

The Contractor shall maintain, and make available for inspection by the Contracting Officer or the Contracting Officer's representative, records supporting the cost of performing the work.

(3) Failure of the parties to agree upon the price of the work shall constitute a dispute within the meaning of the Disputes clause of the contract. In the meantime, the Contractor shall diligently proceed to perform the work ordered.

(b) (1) If the nature of any repairs is such that their extent and probable cost cannot be ascertained readily, the Contracting Officer may issue a written order to determine the nature and extent of required repairs.

(2) Upon determination by the Contracting Officer of what work is necessary, the Contractor, if requested by the Contracting Officer, shall negotiate prices for performance of that work. The prices agreed upon shall be set forth in a modification of the contract.

(3) Failure of the parties to agree upon the price shall constitute a dispute under the Disputes clause.

In the meantime, the Contractor shall diligently proceed to perform the work ordered.

H.2 Inspection and Manner of Doing Work.

(a) The Contractor shall perform work in accordance with the contract, any drawings and specifications made a part of the contract, and any change or modification issued under the Changes clause of the contract.

(b) (1) Except as provided in paragraph H.2 (b)(2), and unless otherwise specifically provided in the contract, all operational practices of the Contractor and all workmanship, material, equipment, and articles used in the performance of work under the contract shall be in accordance with the best commercial marine practices and the rules and requirements of the American Bureau of Shipping, the U.S. Coast Guard, and the Institute of Electrical and Electronic Engineers, in effect at the time of Contractor's submission of bid (or acceptance of the contract, if negotiated).

(2) When Navy specifications are specified in the contract, the Contractor shall follow Navy standards of material and workmanship. The solicitation shall prescribe the Navy standard whenever applicable.

(c) The Government may inspect and test all material and workmanship at any time during the Contractor's performance of the work.

(1) If, prior to delivery, the Government finds any material or workmanship is defective or not in accordance with the contract, in addition to its rights under the Guarantees clause of the contract, the

Government may reject the defective or nonconforming material or workmanship and require the Contractor to correct or replace it at the Contractor's expense.

(2) If the Contractor fails to proceed promptly with the replacement or correction of the material or workmanship, the Government may replace or correct the defective or nonconforming material or workmanship and charge the Contractor the excess costs incurred.

(3) As specified in the contract, the Contractor shall provide and maintain an inspection system acceptable to the Government.

(4) The Contractor shall maintain complete records of all inspection work and shall make them available to the Government during performance of the contract and for 90 days after the completion of all work required.

(d) The Contractor shall not permit any welder to work on a vessel unless the welder is, at the time of the work, qualified to the standards established by the U.S. Coast Guard, American Bureau of Shipping, or Department of the Navy for the type of welding being performed. Qualifications of a welder shall be as specified in the contract.

(e) The Contractor shall—

(1) Exercise reasonable care to protect the vessel from fire;

(2) Maintain a reasonable system of inspection over activities taking place in the vicinity of the vessel's magazines, fuel oil tanks, or storerooms containing flammable materials;

(3) Maintain a reasonable number of hose lines ready for immediate use on the vessel at all times while the vessel is berthed alongside the Contractor's pier or in dry dock or on a marine railway;

(4) Unless otherwise provided in a contract, provide sufficient security patrols to reasonably maintain a fire watch for protection of the vessel when it is in the Contractor's custody;

(5) To the extent necessary, clean, wash, and steam out or otherwise make safe, all tanks under alteration or repair;

(6) Furnish the Contracting Officer or designated representative with a copy of the “gas-free” or “safe-for-hotwork” certificate, provided by a Marine Chemist or Coast Guard authorized person in accordance with Occupational Safety and Health Administration regulations (29 CFR 1915.14) before any hot work is done on a tank;

(7) Treat the contents of any tank as Government property in accordance with the Government Property clause;

and

(8) Dispose of the contents of any tank only at the direction, or with the concurrence, of the Contracting Officer.

(f) Except as otherwise provided in the contract, when the vessel is in the custody of the Contractor or in dry dock or on a marine railway and the temperature is expected to go as low as 35 degrees Farenheit, the Contractor shall take all necessary steps to—

(1) Keep all hose pipe lines, fixtures, traps, tanks, and other receptacles on the vessel from freezing; and

(2) Protect the stern tube and propeller hubs from frost damage.

(g) The Contractor shall, whenever practicable—

(1) Perform the required work in a manner that will not interfere with the berthing and messing of Government personnel attached to the vessel; and

(2) Provide Government personnel attached to the vessel access to the vessel at all times.

(h) Government personnel attached to the vessel shall not interfere with the Contractor's work or workers.

(i) (1) The Government does not guarantee the correctness of the dimensions, sizes, and shapes set forth in any contract, sketches, drawings, plans, or specifications prepared or furnished by the Government, unless the contract requires that the Contractor perform the work prior to any opportunity to inspect.

(2) Except as stated in paragraph H.2(i)(1), and other than those parts furnished by the Government, the Contractor shall be responsible for the correctness of the dimensions, sizes, and shapes of parts furnished under this contract.

(j) The Contractor shall at all times keep the site of the work on the vessel free from accumulation of waste material or rubbish caused by its employees or the work. At the completion of the work, unless the contract specifies otherwise, the Contractor shall remove all rubbish from the site of the work and leave the immediate vicinity of the work area “broom clean.”

H.3 Title.

(a) Unless otherwise provided, title to all materials and equipment to be incorporated in a vessel in the performance of a contract shall vest in the Government upon delivery at the location specified for the performance of the work.

(b) Upon completion of the contract, or with the approval of the Contracting Officer during performance of the contract, all Contractor-furnished materials and equipment not incorporated in, or placed on, any vessel, shall become the property of the Contractor, unless the Government has reimbursed the Contractor for the cost of the materials and equipment.

(c) The vessel, its equipment, movable stores, cargo, or other ship's materials shall not be considered Governmentfurnished property.

H.4 Payments.

(a) “Progress payments,” as used in this paragraph, means payments made before completion of work in progress under a contract.

(b) Upon submission by the Contractor of invoices in the form and number of copies directed by the Contracting Officer, and as approved by the Contracting Officer, the Government will make progress payments as work progresses under the contract.

(1) Generally, the Contractor may submit invoices on a semi-monthly basis, unless expenditures justify a more frequent submission.

(2) The Government need not make progress payments for invoices aggregating less than $5,000.

(3) The Contracting Officer shall approve progress payments based on the value, computed on the price of the contract, of labor and materials incorporated in the work, materials suitably stored at the site of the work, and preparatory work completed, less the aggregate of any previous payments.

(4) Upon request, the Contractor will furnish the Contracting Officer any reports concerning expenditures on the work to date that the Contracting Officer may require.

(c) The Government will retain until final completion and acceptance of all work covered by the contract, an amount estimated or approved by the Contracting Officer under paragraph H.4(b) of this section. The amount retained will be in accordance with the rate authorized by Congress for Naval vessel repair contracts at the time of contract award.

(d) The Contracting Officer may direct that progress payments be based on the price of the contract as adjusted as a result of change orders under the Changes clause of the contract. If the Contracting Officer does not so direct—

(1) Payments of any increases shall be made from time to time after the amount of the increase is determined under the Changes clause of the contract; and

(2) Reductions resulting from decreases shall be made for the purposes of subsequent progress payments as soon as the amounts are determined under the Changes clause of the contract.

(e) Upon completion of the work under a contract and final inspection and acceptance, and upon submission of invoices in such form and with such copies as the Contracting Officer may prescribe, the Contractor shall be paid for the price of the contract, as adjusted pursuant to the Changes clause of the contract, less any performance reserves deemed necessary by the Contracting Officer, and less the amount of any previous payments.

(f) All materials, equipment, or any other property or work in process covered by the progress payments made by the Government, upon the making of those progress payments, shall become the sole property of the Government, and are subject to the provisions of the Title clause of the contract.

H.5 Bonds.

(a) If the solicitation requires an offeror to submit a bid bond, the Offeror may furnish, instead, an annual bid bond (or evidence thereof) or an annual performance and payment bond (or evidence thereof).

(b) If the solicitation does not require a bid bond, the Offeror shall not include in the price any contingency to cover the premium of such a bond.

(c) Even if the solicitation does not require bonds, the Contracting Officer may nevertheless require a performance and payment bond, in form, amount, and with a surety acceptable to the Contracting Officer.

Where performance and payment bond is required, the offer price shall be increased upon the award of the contract in an amount not to exceed the premium of a corporate surety bond.

(d) If any surety upon any bond furnished in connection with a contract under this contract fails to submit requested reports as to its financial condition or otherwise becomes unacceptable to the Government, the Contracting Officer may require the Contractor to furnish whatever additional security the Contracting Officer determines necessary to protect the interests of the Government and of persons supplying labor or materials in the performance of the work contemplated under the Contract.

H.6 Default.

(a) The Government may, subject to the provisions of paragraph H.6(b) of this section, by written notice of default to the Contractor, terminate the whole or any part of a contract if the Contractor fails to—

(1) Make delivery of the supplies or to perform the services within the time specified in a contract or any extension;

(2) Make progress, so as to endanger performance of the contract; or

(3) Perform any of the other provisions of this agreement or a contract.

(b) Except for defaults of subcontractors, the Contractor shall not be liable for any excess costs if failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

(c) If the Contractor's failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to perform the contract within the time specified.

(d) If the Government terminates the contract in whole or in part as provided in paragraph H.6 (a)—

(1) The Government may, upon such terms and in such manner as the Contracting Officer may deem appropriate, arrange for the completion of the work so terminated, at such plant or plants, including that of the Contractor, as may be designated by the Contracting Officer.

(i) The Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this paragraph (H.6).

(ii) If the work is to be completed at the plant, the Government may use all tools, machinery, facilities, and equipment of the Contractor determined by the Contracting Office to be necessary for that purpose.

(iii) If the cost to the Government of the work procured or completed (after adjusting such cost to exclude the effect of changes in the plans and specifications made subsequent to the date of termination) exceeds the price fixed for work under the contract (after adjusting such price on account of changes in the plans and specifications made before the date of termination), the Contractor, or the Contractor's surety, if any, shall be liable for such excess.

(2) The Government, in addition to any other rights provided in this paragraph H.6, may require the Contractor to transfer title and delivery to the Government, in the manner and to the extent directed by the Contracting Officer, any completed supplies and such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information and contract rights (hereinafter called “manufacturing materials”) as the Contractor has specifically produced or specifically acquired for the performance of the terminated part of the contract.

(i) The Contractor shall, upon direction of the Contracting Officer, protect and preserve property in possession of the Contractor in which the Government has an interest.

(ii) The Government shall pay to the Contractor the contract price for completed items of work delivered to and accepted by the Government, and the amount agreed upon by the Contractor and the Contracting Officer for manufacturing materials delivered to and accepted by the Government, and for the protection and preservation of property. Failure to agree shall be a dispute concerning a question of fact within the meaning of the Disputes clause.

(e) If, after notice of termination of the contract, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the notice of termination had been issued for the convenience of the Government.

(f) If the Contractor fails to complete the performance of a contract within the time specified, or any extension, the actual damage to the Government for the delay will be difficult or impossible to determine.

(1) In lieu of actual damage, the Contractor shall pay to the Government as fixed, agreed, and liquidated damages for each calendar day of delay the amount, if any, set forth in the contract (prorated to the nearest hour for fractional days).

(2) If the Government terminates the contract, the Contractor shall be liable, in addition to the excess costs provided in paragraph H.6(d) of this section, for liquidated damages accruing until such time as the Government may reasonably obtain completion of the work.

(3) The Contractor shall not be charged with liquidated damages when the delay arises out of causes beyond the control and without the fault or negligence of the Contractor. Subject to the provisions of the Disputes clause of the contract, the Contracting Officer shall ascertain the facts and the extent of the delay and shall extend the time for performance when in the judgment of the Contracting Officer, the findings of fact justify an extension.

(g) The rights and remedies of the Government provided in this paragraph (H.6) shall not be exclusive and are in addition to any other rights and remedies provided by law under this contract.

H.7 Performance.

(a) Upon the award of the contract or execution of a contract modification, the Contractor shall promptly start the work specified and shall diligently prosecute the work to completion. The Contractor shall not start work until the contract has been awarded or modified, except in the case of emergency work ordered by the Contracting Officer under the Contracts and Compensation provision at paragraph H-1 of the contract.

(b) The Government shall deliver the vessel described in the contract at the time and location specified in the contract. Upon completion of the work, the Government shall accept delivery of the vessel at the time and location specified in the contract.

(c) The Contractor shall, without charge and without specific requirement in a contract—

(1) Make available at the plant to personnel of the vessel while in dry dock or on a marine railway, sanitary lavatory and similar facilities acceptable to the Contracting Officer;

(2) Supply and maintain suitable brows and gangways from the pier, dry dock, or marine railway to the vessel;

(3) Treat salvage, scrap or other ship's material of the Government resulting from performance of the work as items of Government-furnished property, in accordance with the Government Property clause;

(4) Perform, or pay the cost of, any repair, reconditioning or replacement made necessary as the result of the use by the Contractor of any of the vessel's machinery, equipment or fittings, including, but not limited to, winches, pumps, rigging, or pipe lines; and

(5) Furnish suitable offices, office equipment and telephones at or near the site of the work for the Government's use.

(d) The contract will state whether dock and sea trials are required to determine whether or not the Contractor has satisfactorily performed the work.

(1) If dock and sea trials are required, the vessel shall be under the control of the vessel's commander and crew.

(2) The Contractor shall not conduct dock and sea trials not specified in the contract without advance approval of the Contracting Officer. Dock and sea trials not specified in the contract shall be at the Contractor's expense and risk.

(3) The Contractor shall provide and install all fittings and appliances necessary for dock and sea trials. The Contractor shall be responsible for care, installation, and removal of instruments and apparatus furnished by the Government for use in the trials.

H.8 Access to Vessel.

(a) Upon the request of the Contracting Officer, the Contractor shall grant admission to the Contractor's facilities and access to vessel, on a non-interference basis, as necessary to perform their respective responsibilities, to a reasonable number of:

(1) Government and other Government contractor employees (in addition to those Government employees attached to the vessel); and

(2) Representatives of offerors on other contemplated Government work.

(b) All personnel granted access shall comply with Contractor rules governing personnel at its shipyard.

H.9 Liability and Insurance.

(a) The Contractor shall exercise its best efforts to prevent accidents, injury, or damage to all employees, persons, and property, in and about the work, and to the vessel or part of the vessel upon which work is done.

(b) Loss or damage to the vessel, materials, or equipment.

(1) Unless otherwise directed or approved in writing by the Contracting Officer, the Contractor shall not carry insurance against any form of loss or damage to the vessel(s) or to the materials or equipment to which the Government has title or which have been furnished by the Government for installation by the Contractor.

The Government assumes the risks of loss of and damage to that property.

(2) The Government does not assume any risk with respect to loss or damage compensated for by insurance or otherwise or resulting from risks with respect to which the Contractor has failed to maintain insurance, if available, as required or approved by the Contracting Officer.

(3) The Government does not assume risk of and will not pay for any costs of the following:

(i) Inspection, repair, replacement, or renewal of any defects in the vessel(s) or material and equipment due to—

(A) Defective workmanship performed by the Contractor or its subcontractors;

(B) Defective materials or equipment furnished by the Contractor or its subcontracts; or

(C) Workmanship, materials, or equipment which do not conform to the requirements of the contract, whether or not the defect is latent or whether or not the nonconformance is the result of negligence.

(ii) Loss, damage, liability, or expense caused by, resulting from, or incurred as a consequence of any delay or disruption, willful misconduct or lack of good faith by the Contractor or any of its representatives that have supervision or direction of—

(A) All or substantially all of the Contractor's business; or

(B) All or substantially all of the Contractor's operation at any one plant.

(4) As to any risk that is assumed by the Government, the Government shall be subrogated to any claim, demand or cause of action against third parties that exists in favor of the Contractor. If required by the Contracting Officer, the Contractor shall execute a formal assignment or transfer of the claim, demand, or cause of action.

(5) No party other than the Contractor shall have any right to proceed directly against the Government or join the Government as a co-defendant in any action.

(6) Notwithstanding the foregoing, the Contractor shall bear the first $50,000 of loss or damage from each occurrence or incident, the risk of which the Government would have assumed under the provisions of this paragraph (b).

(c) Indemnification. The Contractor indemnifies the Government and the vessel and its owners against all claims, demands, or causes of action to which the Government, the vessel or its owner(s) might be subject as a result of damage or injury (including death) to the property or person of anyone other than the Government or its employees, or the vessel or its owner, arising in whole or in part from the negligence or other wrongful act of the Contractor or its agents or employees, or any subcontractor, or its agents or employees.

(1) The Contractor's obligation to indemnify under this paragraph shall not exceed the sum of $300,000 as a consequence of any single occurrence with respect to any one vessel.

(2) The indemnity includes, without limitation, suits, actions, claims, costs, or demands of any kind, resulting from death, personal injury, or property damage occurring during the period of performance of work on the vessel or within 90 days after redelivery of the vessel. For any claim, etc., made after 90 days, the rights of the parties shall be as determined by other provisions of this contract and by law. The indemnity does apply to death occurring after 90 days where the injury was received during the period covered by the indemnity.

(d) Insurance.

(1) The Contractor shall, at its own expense, obtain and maintain the following insurance—

(i) Casualty, accident, and liability insurance, as approved by the Contracting Officer, insuring the performance of its obligations under paragraph H.9(c) of this section.

(ii) Workers Compensation Insurance (or its equivalent) covering the employees engaged on the work.

(2) The Contractor shall ensure that all subcontractors engaged on the work obtain and maintain the insurance required in paragraph (d)(1) of this section.

(3) Upon request of the Contracting Officer, the Contractor shall provide evidence of the insurance required by paragraph H.9(d) of this section.

(e) The Contractor shall not make any allowance in the contract price for the inclusion of any premium expense or charge for any reserve made on account of self-insurance for coverage against any risk assumed by the Government under this paragraph (H.9).

(f) The Contractor shall give the Contracting Officer written notice as soon as practicable after the occurrence of a loss or damage for which the Government has assumed the risk.

(1) The notice shall contain full details of the loss or damage.

(2) If a claim or suit is later filed against the Contractor as a result of the event, the Contractor shall immediately deliver to the Government every demand, notice, summons, or other process received by the Contractor or its employees or representatives.

(3) The Contractor shall cooperate with the Government and, upon request, shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses, and in the conduct of suits. The Government shall reimburse the Contractor for expenses incurred in this effort, other than the cost of maintaining the Contractor's usual organization.

(4) The Contractor shall not, except at its own expense, voluntarily make any payment, assume any obligation, or incur any expense other than what would be imperative for the protection of the vessel(s) at the time of the event.

(g) In the event or loss of or damage to any vessel(s), material, or equipment which may result in a claim against the Government under the insurance provisions of this contract, the Contractor shall promptly notify the Contracting Officer of the loss or damage. The Contracting Officer may, without prejudice to any other right of the Government, either—

(1) Order the Contractor to proceed with replacement or repair, in which event the Contractor shall effect the replacement or repair;

(i) The Contractor shall submit to the Contracting Officer a request for reimbursement of the cost of the replacement or repair together with whatever supporting documentation the Contracting Officer may reasonably require, and shall identify the request as being submitted under the Insurance clause of the contract.

(ii) If the Government determines that the risk of the loss or damage is within the scope of the risks assumed by the Government under this paragraph (H.9), the Government will reimburse the Contractor for the reasonable, allowable cost of the replacement or repair, plus a reasonable profit (if the work or replacement or repair was performed by the Contractor) less the deductible amount specified in paragraph H.9(b) of this section.

(iii) Payments by the Government to the Contractor under this paragraph (H.9) are outside the scope of and shall not affect the pricing structure of the contract, and are additional to the compensation otherwise payable to the Contractor under this contract; or

(2) In the event the Contracting Officer decides that the loss or damage shall not be replaced or repaired, the Contracting Officer shall—

(i) Modify the contract appropriately, consistent with the reduced requirements reflected by the unreplaced or unrepaired loss or damage; or

(ii) Terminate the repair of any part or all of the vessel(s) under the Termination for Convenience of the Government clause of this contract.

H.10 Guarantees.

(a) In the event any work performed or materials furnished by the contractor under the contract prove defective or deficient within 90 days from the date of redelivery of the vessel(s), the Contractor, as directed by the Contracting Officer and at its own expense, shall correct and repair the deficiency to the satisfaction of the Contracting Officer.

(b) If the Contractor or any subcontractor has a guarantee for work performed or materials furnished that exceeds the 90 day period, the Government shall be entitled to rely upon the longer guarantee until its expiration.

(c) With respect to any individual work item identified as incomplete at the time of redelivery of the vessel(s), the guarantee period shall run from the date the item is completed.

(d) If practicable, the Government shall give the Contractor an opportunity to correct the deficiency.

(1) If the Contracting Officer determines it is not practicable or is otherwise not advisable to return the vessel(s) to the Contractor, or the Contractor fails to proceed with the repairs promptly, the Contracting Officer may direct that the repairs be performed elsewhere, at the Contractor's expense.

(2) If correction and repairs are performed by other than the Contractor, the Contracting Officer may discharge the Contractor's liability by making an equitable deduction in the price of the contract.

(e) The Contractor's liability shall extend for an additional 90 day guarantee period on those defects or deficiencies that the Contractor corrected.

(f) At the option of the Contracting Officer, defects and deficiencies may be left uncorrected. In that event, the Contractor and Contracting Officer shall negotiate an equitable reduction in the job price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of this contract.

H.11 Discharge of Liens.

(a) The Contractor shall immediately discharge, or cause to be discharged, any lien or right in rem of any kind, other than in favor of the Government, that exists or arises in connection with work done or material furnished under this contract.

(b) If any lien or right in rem is not immediately discharged, the Government, at the expense of the Contractor, may discharge, or cause to be discharged, the lien or right.

H.12 Safety and Health.

Nothing contained in the contract shall relieve the Contractor of any obligations it may have to comply with—

(a) The Occupational Safety and Health Act of 1970 (29 U.S.C. 651, et seq.);

(b) The Safety and Health Regulations for Ship Repairing (29 CFR 1915); or

(c) Any other applicable Federal, State, and local laws, codes, ordinances, and regulations.

H.13 Plant Protection.

(a) The Contractor shall provide, for the plant and work in process, reasonable safeguards against all hazards, including unauthorized entry, malicious mischief, theft, vandalism, and fire.

(b) The Contractor shall also provide whatever additional safeguards are necessary to protect the plant and work in process from espionage, sabotage, and enemy action.

(1) The Government shall reimburse the Contractor for that portion of the costs of the additional safeguards that is allocable to the contract in the same manner as if the Contracting Officer had issued a change order for the additional safeguards.

(2) The costs reimbursed shall not include any overhead allowance, unless the overhead is incident to the construction or installation of necessary security devices or equipment.

(c) Upon payment by the Government of the cost of any device or equipment required or approved under paragraph H.13(b) of this section, title shall vest in the Government.

(1) The Contractor shall comply with the instructions of the Contracting Officer concerning its identification and disposition.

(2) No such device or equipment shall become a fixture as a result of its being affixed to realty not owned by the Government.

CLAUSES INCORPORATED BY FULL TEXT

THE FOLLOWING NAVSUP LOCAL TEXT IS HEREBY MADE PART OF THE STATEMENT OF

WORK/PERFORMANCE WORK STATEMENT.

AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.

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

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