N40442-10-R-2007 USNS BRIDGE.doc

Section B - Supplies or Services and Prices

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PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

The Contractor is required to submit an itemized breakdown of the price for each item on the form(s) provided, Attachments J-3 and J-4. Failure to submit these documents properly completed by the specified closing date may be cause for rejection of the offer.

CLIN

SUPPLIES / SERVICES

AMOUNT

Prepare for and accomplish the Regular Overhaul/Dry-docking of

USNS BRIDGE (T-AOE 10)

Total Category "A" Items

Proposed Hazardous Waste handling fee rate in accordance with Work Item 023, 7.4.1 ______%

Proposed unit price per KWh $_____ in accordance with Work Item 011, 7.1.1.4

Proposed unit price per gallon of potable water $______ in accordance with Work Item 011, 7.1.3.2

Proposed unit price per gallon of distilled water $______ in accordance with Work Item 011, 7.1.4.2

0002 Additional Work - Category "B" Items

Additional Requirements **

In accordance with Section H-5 Clause for:

12895 man-hours @ $ per man-hour =

0004 Material**

Base

$_200,000.00_

Proposed G&A Rate

Proposed Profit Rate

Offeror shall reflect the total that results from application of proposed rates to the base material shown above

DATA

$ NSP

Data including Provisioning Technical Documentation for CLIN 0001, see Contract Data Requirement List (CDRL) DD Form 1423, (ADP mechanized equivalent), Attachment J-2. Price for applicable data is to be included in the price of each Item. For information purposes only, data shall be separately priced and submitted either on DD Form 1423 or in the Price Proposal.

Total for items 0001, 0002, 0003, 0004 and 0005

* The Offeror shall include, under CLIN 0001, the Hazardous Waste Handling Fee rate, the Unit Price per KWh for electrical power, the Unit Price per gallon of potable water, and the Unit Price per gallon of distilled water in accordance with the pertinent Work Item.

** The Offeror shall indicate the fully loaded man-hour Labor rate (including profit, QA, supervision, support functions, port expenses and fees, all indirect costs and any other charge whatsoever). This rate will be used in evaluating the offeror's proposal and shall be the rate for pricing changes negotiated under the "Additional Requirements" clause up to the maximum number of man-hours specified herein. CLIN 0004 “Material” costs will not be included in CLIN 0003, the "Additional Requirements" rate.

*** Additional Requirements Material Cost – The rates proposed for profit and G&A on CLIN 0004 above shall be the same rates used by the Contractor in its responses to RFPs issued under the contract. The Contracting Officer will apply these rates to the base material for each RFP when it is negotiated/settled. These rates shall apply to all changes issued under this contract.

The base material cost to be used for CLIN 0004 is $185,590.78, which does not include the profit rates to be applied as per the above CLIN 0004. Include the final figure that results when proposed G&A and profit rates are applied to the base material amount of $185,590.78 in your total price for offer evaluation purposes. (This does not include any material cost for Category “A” items. The material cost for Category “A” should be included under CLIN 0001). It should be emphasized that the $185,590.78 material base is an evaluation tool, NOT a cap.

If the offeror proposes the use of a subcontractor, a second tier subcontractor or a third or higher tier subcontractor, the total amount for profit, G & A and handling on the RFP for the prime contractor and all tiers of subcontractors shall not exceed the rate proposed above for profit, G & A and handling in CLIN 0004. If the offeror's proposal for CLIN 0004 lists a 10% rate for G & A, a 10% rate for profit, the Government will only pay up to a maximum of 10% for G&A, 10% for profit on material used in that RFP (change order) regardless of whether the prime or multiple tiers of subcontracts are involved in providing the material. The Government will not pay multiple times for G & A, handling and profit for the same material in an RFP based on the offeror's decision to use subcontractors or multiple tiers of subcontractors.

NSP = Not Separately Priced

Section C - Descriptions and Specifications

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C-1 GENERAL

The Contractor shall prepare for and accomplish the voyage repairs, overhaul, and alterations of the USNS BRIDGE (T-AOE 10) as specified herein and in accordance with the Work Package as provided in Attachment J-1, test procedures and other detailed data provided by the Government herein.

The Contractor shall perform planning, document preparation, engineering, procurement, prefabrication and shipyard production work, and/or any other work necessary to prepare for and accomplish the alterations, repairs, maintenance and routine work specified herein. These requirements include, but are not limited to, the following:

(a) Provide the management, procurement, production, testing, quality assurance, technical capability and resources necessary to prepare for and accomplish the repairs and alterations in accordance with the requirements stated herein, the contract work specifications, the additional work specifications if necessary, and the Master Ship Repair Agreement within the availability time period specified in Section F.

(b) Accomplish planning and scheduling to ensure timely procurement of Contractor Furnished Material/Contractor Furnished Property (CFM/CFP) and receipt, storage, and installation of Government Furnished Property (GFM/GFP) (to be provided under FAR 52.245-1, Government Property) and CFM/CFP.

(c) Apply progress measurement systems to determine the physical progress of completed work for each of the elements in the scheduling plan, including material and manpower control, engineering, production, tests and trials in accordance with the Contract Data Requirements List and the Contractor's own Technical Proposal, and the work item package. The progressing system shall permit a direct comparison of the physical progress of completed work to the planned performance measurement baseline for each of the elements in the scheduling plan.

(d) Establish management procedure and systems to identify behind schedule conditions and unfavorable schedule variance, using the scheduling plan performance measurement baseline, each of the elements in the baseline, and the progress measurement systems. The applied systems and procedures shall provide timely identification of scheduling problem areas to permit prompt management action to correct unsatisfactory conditions.

(e) Develop a performance milestone schedule/critical path chart to measure scheduled performance. Deviations from the milestone schedule/critical path chart must be submitted to and approved by the Contracting Officer. The Contractor warrants that all work required by Section C of this contract shall be completed within the performance period stated in Section F of the Contract. A performance milestone schedule and critical path chart shall be developed and submitted in accordance with the Work Item Package and Contract Data Requirements List (CDRL).

Apply approved quality control procedures as required by this contract and the work item package to ensure procured material and performed production work conforms to the required quality standards.

(g) Apply procedures to ensure that the ship's equipment and systems remain configured to existing baselines with regard to procured material, production work, and software.

(h) Apply stringent configuration control procedures to ensure that configuration baselines are maintained for procured material, production work.

(i) Provide for staging and storing of Long Lead Time Material (LLTM) for use in the availabilities, as required by the Work Item Package.

(j) Comply with all security requirements and measures called for on the DD Form 254, if the form is listed in Section J and attached hereto.

C-2 Integrated Logistics and GFM Support Requirements

This section is addressed in Specification Work Item titled: Integrated Logistics and GFM Support Requirments

C-3 Quality Control Plan/Manual

This section is addressed in Specification Work Item titled: Testing and Quality Assurance.

Section E - Inspection and Acceptance

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E-1 Inspection and acceptance shall be in accordance with DFARS clauses 252.217-7005, Inspection and Manner of Doing Work, 252.217-7006, Title, and 252.217-7013, Guarantees, incorporated herein by reference, and with the requirements cited in the applicable items of the work package.

Section F - Delivery and Performance

DELIVERY INFORMATION

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F-1 EFFECTIVE DATE OF CONTRACT

The effective date of this contract is the date of award by the Government.

F-2 SHIP AVAILABILITY PERIOD

It is anticipated that ship will arrive at Contractor’s yard on or about 15 October 2010. All work shall be completed in no more than 55 calendar days from actual start date designated by the Government at time of contract award. As set forth in Specification Item Nos. 010, Furnish OMT Office, and Item No. 012, Telephone Services, shall be functional three (3) days prior to ship’s arrival and continue for three (3) days after ship’s departure from the yard.

F-3 MSC 5252.212-9801 LIQUIDATED DAMAGES (SHIP REPAIR) (DEC 1991)

In accordance with Default clause, DFARS 252.217-7009(f), 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 of $176,475.

F-4 DELIVERY OF DATA

Place and time of delivery of data shall be specified on the DD 1423 (Contract Data Requirements List), Attachment J-2, unless delivery is deferred at the Government's Option by written order of the Contracting Officer.

Section G - Contract Administration data

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MSFSC INVOICE INSTRUCTIONS

Submit Invoices to:

Military Sealift Fleet Support Command

Accounts Payable, Code N8211

471 East C Street Bldg SP 64

Norfolk, VA 23511-2419

Fax: 757-443-2941

For questions concerning invoice payments or status, contact:

Frances at 757-443-2922 (Atlantic Ships and Foreign Invoices) Or

Yvonne Council at 757 - 443-2917 (Pacific Ships)

NOTES:

1. A copy of the purchase order or modification must be submitted with the invoice.

2. Documentation be provided with the invoice to substantiate shipping charges, if applicable.

3. Annotate invoice as "FINAL INVOICE", when applicable.

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INVOICE REQUIREMENTS/REPORT OF EXPENDITURES

1. Invoices must be sent to MSFSC for certification and authorization for payment. Bi-weekly progress and final payment invoices for value of progress (less 10% except for final invoice (5% for small business)) must be signed by Contractor Project Manager and authenticated by MSFSC Principal Port Engineer and On Scene Administrative Contracting Officer prior to submission for payment. MSFSC Accounts Payable shall pay invoice within thirty (30) calendar days of receipt of authenticated invoice.

2. At a minimum, the following information must appear on the face of each invoice:

a. Invoice Number (No more than 18 alpha numeric characters)

b. Invoice date (format MM/DD/YYYY)

c. Contract Number

d. Vessel Name

e. Port (if applicable)

f. Vessel Status (FOS, RAV, ROS)

g. Vessel Project Number

h. Vessel Task Number Section H - Special Contract Requirements

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INDEX FOR SECTION H

H-1 OPTION FOR INCREASED QUANTITIES (CLINs 0002, 0003 and 0004)

H-2

DISPOSAL OF HAZARDOUS WASTE

H-3

PREVENTION OF THE DISCHARGE OF OIL AND HAZARDOUS SUBSTANCES

H-4

DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT/CLAIMS

H-5

ADDITIONAL REQUIREMENTS (CLIN 0003)

H-6

SEGREGATION OF COST

H-7

WAIVER OF CLAIMS

H-8

EMPLOYMENT OF NAVY PERSONNEL RESTRICTED

H-9

RESERVED

H-10

ASBESTOS REMOVAL REQUIREMENTS

H-11

SUBSTITUTION OF PERSONNEL

H-12

ALLOCATION OF RISK FOR WORK PACKAGE IMPLEMENTATION

H-13

INDEMNIFICATION FOR ACCESS TO VESSEL

H-14

DRYDOCKING FACILITY CERTIFICATION

H-15

COSTS OF IN-YARD DISCHARGES

H-16 TRAVEL

H-17 DOCUMENTATION REQUIREMENTS FOR RFPs

H-18

THIRD PARTY ACCESS TO SHIPYARD FACILITY

H-19

SUBCONTRACTOR SELECTION AND SUBSTITUTION

H-20

SUBMITTAL OF PURCHASE ORDERS

H-21 REPAIR FACILITY FP STANDARDS FOR MSC SHIPS IN THE C3F AOR

H-1 MSC 5252.217-9800 OPTION FOR INCREASED QUANTITIES (JAN 1991) (CLINs 0002, 0003 and 0004)

The Government may require the delivery of the numbered line items identified in Section B as option items in any amount up to the unit quantities and at the unit prices stated in the Contractor Price Breakdown. The Contracting Officer may exercise the options by giving the Contractor written notification. Delivery of option items shall be within the performance period identified in Section F unless the parties otherwise agree.

H-2 NAVSEA 5252.223-9114

MANAGEMENT AND DISPOSAL OF HAZARDOUS WASTE (NOV 1996)

(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

Specification item 023 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 applicable law.

(4) Notwithstanding paragraphs (c)(1) - (c)(3) above, hazardous wastes are considered to be co-generated in cases where: (a) the Contractor merely drains a system and such drainage creates hazardous waste or (b) the Contractor performs work on a system or structure using materials which by themselves would not cause the waste from such work to be hazardous waste but such work nonetheless creates a hazardous waste. Documentation related to such co-generated waste shall bear a generator identification number in accordance with the provisions of paragraph (c)(3) above.

(5) In the event of a failure by the parties to agree to the assignment of a generator identification number to any hazardous waste as set forth in paragraphs (c)(1) through (c)(4) above, the Government may direct which party or parties shall provide generator identification numbers for the waste and such number(s) shall be used on all required documentation. Any disagreement with this direction shall be a dispute within the meaning of clause of this contract entitled "DISPUTES" (FAR 52.233-1). However, the Contractor shall not stop any work but shall continue with performance of all work under this contract as specified in the "DISPUTES" clause.

(6) Hazardous Waste Manifests For wastes described in (c)(2), (c)(3), and (c)(4) above (and (c)(5) as applicable), the Contractor shall sign the generator certification on the Uniform Hazardous Waste Manifest whenever use of the Manifest is required for disposal. The Contractor shall obtain concurrence with the categorization of wastes under paragraphs (c)(3) and (c)(4) above before completion of the manifest. Manifests prepared pursuant to paragraph (c)(1) above shall be presented to the Contracting Officer for completion after the hazardous waste has been identified.

(7) For purposes of paragraphs (c)(2) and (3) herein, if the Contractor, while performing work at a Government facility, cannot obtain a separate generator identification number from the State in which the availability will be performed, the Contractor shall notify the Contracting Officer 3 business days of receipt of written notification by the State. After obtaining Contracting Officer approval, the Contractor shall use the Navy site generator identification number and insert in the remarks block the contractor generator identification number issued for the site where his main facilities are located. For purposes of paragraph (c)(1) herein, if the work is being performed at a contractor facility and the Government cannot obtain a separate generator identification number for the State, the Government shall use the Contractor site generator identification number and shall cite in the remarks block a Navy generator identification number. In both instances described above, the Contractor shall prepare the Uniform Hazardous Waste Manifest described in paragraph (c)(6) above and present it to RMC for completion.

H-3 MSC 5252.223-9800 PREVENTION OF THE DISCHARGE OF OIL AND HAZARDOUS SUBSTANCES (DEC 1988)

(a) POLICY. In compliance with Executive Order Number 117552 (38 F.R. 34793), the policy of the Department of the Navy is to conform to the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq), and the Oil Pollution Act of 1990, as amended (33 U.S.C. 2701 et seq), insofar as these Acts prohibit the discharge of oil, oily mixtures, and hazardous substances, and regardless of whether or not these Acts pertain specifically to the Naval vessel and shore activities. The provisions of this clause are intended to implement that policy with respect to the vessel(s) being constructed or undergoing repair and overhaul under this contract.

(b) Definitions. For the purpose of this clause, the terms "oil," "oily mixtures," "hazardous substance," and "discharge" shall have the meanings as defined in the Acts referred to in Paragraph (a) of this clause and other environmental statutes.

(c) Trials. Prior to commencement of any dock or sea trials hereunder, the Contractor shall assure the MSFSCREP by demonstrations, completed test memoranda, or other means reasonably acceptable to the MSFSCREP that all equipment, the function of which is to prevent the accidental discharge of oil, oily mixtures, or hazardous substances from the vessel, that the Contractor is required by the specifications to install, are fully operable.

(d) Reports. The contractor shall, as soon as he has knowledge of any discharge of oil, oily substance, or hazardous substance from the vessel, immediately notify the MSFSCREP thereof and shall immediately take all reasonable steps to prevent further discharge. Within 24 hours thereafter, the Contractor shall file with the MSFSCREP the "Oil or Hazardous Substance Discharge Report" set out in the DD Form 1423 herein.

(e) Liability. The Contractor shall not be liable for the costs incurred by the Government for the removal of such oil, oily mixture, or hazardous substance, except that the Contractor shall be liable to the Government for all such costs of removal where such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the Contractor.

H-4 MSC 5252.243-9800 DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT/CLAIMS (JAN 1991)

(a) For the purpose of this clause, the term "contractor adjustment request" (CAR) includes (1) a request for an "equitable adjustment" of the contract price, schedule or other contract terms and conditions that is asserted on the basis of a written order of the Contracting Officer designated as a change order in accordance with FAR 43.2, the Additional Requirements Clause, or on the basis of a constructive change and (2) any "claim" as defined at FAR 33.201.

(b) Whenever the Contractor submits a CAR to the Contracting Officer, the CAR shall include a "Contractor's Proposal" fully supporting the CAR. The Contractor's Proposal shall, to the extent required by the Contracting Officer, include the following:

(1) A description of work required by the contract, including citations to the contract, before the factual events, which led to the CAR;

(2) A detailed report on the status of the work as originally required by the contract;

(3) A description of new work required by the change order or other events which led to the CAR;

(4) A list of components, equipment, and other identifiable property involved in the CAR. The status of manufacture, procurement, or installation of Contractor Furnished Property is to be indicated. The status of specified design and production work, items of raw material, purchased parts, components, and other identifiable hardware, which are made excess by the change and which are not to be retained by the Contractor, are to be listed for later disposition;

(5) A description of work completed which is deleted, or will be deleted, by the events, which led to the CAR;

(6) A description of interferences and inefficiencies involved in performing the work;

(7) A description of each element of work disruption and exactly how work has been, or will be, disrupted, including:

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

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

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

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

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

(8) Delay in delivery attributable solely to the events, which led to the CAR;

(9) Other new work attributable to the events which led to the CAR;

(10) Supplementing the foregoing, a narrative statement of the direct causal relationship between any alleged Government act or omission, and the claimed consequences thereof, cross-referenced to the detailed information provided as required above;

(11) A Contract Pricing Proposal (SF 1411) of costs for the CAR, including material, labor, indirect costs and other associated costs;

(12) A statement of costs budgeted for the work as originally specified under the contract (prior to the events leading to the CAR).

(c) The information furnished for each CAR shall be in sufficient detail to permit the Contracting Officer to make a determination and take the appropriate contract action. The Contractor shall have the obligation to timely deliver to the Contracting Officer any requested additional information concerning the CAR.

(d) Each CAR shall include all certifications required by statute and regulation appropriate for a claim of its dollar amount.

H-5 MSC 5252.217-9801 ADDITIONAL REQUIREMENTS (JAN 1991) CLIN 0003

(a)

(1) The Contractor shall schedule the performance of all items of the work package, including the Category “B” Items set forth in CLIN 0002 and the Contractor Price Breakdown, so as to permit up to a total of 12,895 direct production (both prime and subcontractor) manhours of work to be performed as "Additional Requirements" (including supplemental, emergent and new work). The contractor agrees that these Additional Requirements manhours, if ordered, shall be performed concurrently with the aforementioned work items, during the contract period of performance, without impacting, accelerating, or causing delay or disruption to the work required by the aforementioned work items, to any other Government contract, or to any other work in progress for the Government.

(2) The "Additional Requirements", if required, shall be ordered during the contract period of performance, as may be modified, on the following schedule:

(i) No more than 75% of the hours during the second quarter of the contract availability.

(ii) No more than 50% of the hours during the third quarter of the contract availability.

(iii) No more than 30% of the hours during the fourth quarter of the contract availability.

(iv) No more than 20% of the hours during the period from the 46th day of shipyard availability through and including the day of redelivery of the vessel by the shipyard, as such date may be extended by contract modification.

(b) Whenever the Government orders Additional Requirements pursuant to this clause, the contractor shall submit a price proposal for such work. This proposal shall be submitted within 3 days of the receipt of the Government's request for a proposal, or within such additional time provided in writing by the Contracting Officer. The contractor's failure to submit its proposal within the 3 days, or such extended period of time, may be considered a failure of the parties to negotiate a fair and reasonable price for the "Additional Requirements" and will permit the Contracting Officer to take any of the three options set forth in subparagraph (c) below. "Additional Requirements" proposals shall be priced using the fully loaded rate set forth in Section B, CLIN 0003. The Contractor shall indicate the fully loaded manhour labor rate (including profit, G&A, QA, supervision, support functions, and all indirect charges). This rate will be used in evaluating the Contractor's proposal and also will be used for negotiating changes as required by this clause. The contractor agrees that the number of manhours included in its price proposal for such Additional Requirements shall include only direct production manhours. For these purposes, direct production manhours (both prime and subcontractor) are for skilled labor at the journeyman level expended in direct production as exemplified by the following functions:

Abrasive cleaning/blasting

Tank cleaning

Welding

Machinists (inside and outside)

Burning

Brazing

Carpentry

Electrical Work

Electronic Work

Shipfitting

Lagging

Painting

Boilermaking

Pipefitting

Sheetmetal Work

Engineering

Rigging

Staging/scaffolding

General Labor

Fire Watch

Direct production manhours will not include those functions (whether charged directly or indirectly by the offeror's accounting system) which are herein defined as support for production functions. Necessary support functions shall be considered to be included in the offeror's fully burdened rate for direct production manhours. Examples of support functions include:

Testing

Quality Assurance

Planning

Cleaning (except tank cleaning)

Material handling & Warehousing

Security

Surveying

Administration

Transportation

Purchasing staff

Supervision (Technical Representative

Lofting services as required by the MSFSC

Other indirect support representative shall be reimbursed outside of this clause.)

Material costs will not be included in the "Additional Requirements" direct production manhour rate. Material costs and profit for material costs shall be proposed as part of the contractor's proposal if "Additional Requirements" are ordered.

(c) Upon receipt of the Contractor's price proposal for the "Additional Requirements" the Contractor and the Contracting Officer shall negotiate the scope of the effort. If a fair and reasonable price cannot be negotiated between the Contractor and the Contracting Officer, the Contracting Officer reserves the right to:

(1) Have the work performed by the Government;

(2) Conduct a separate competitive procurement for the "Additional Requirements," resulting in the award of a contract which may be performed during the original period of performance of this contract;

(3) Defer the work to a designated post-overhaul repair period, which will be the subject of a separate procurement.

In cases of (1) and (2) above, Government personnel and/or other contractor personnel may perform the "Additional Requirements" during the performance period of this contract at the initial prime contractor's facility pursuant to the "Access to Vessels" clause.

(d) (1) The Contractor warrants and hereby certifies that its price for the firm fixed portion of this Contract (CLINs 0001 and 0005) does not include any amount for the "Additional Requirements" (CLIN 0003). "Additional Requirements" (CLIN 0003), if any, will be added by supplemental agreement, contract modification, or change order.

(2) It is recognized, however, that, should the Government elect to pursue the options outlined in subparagraph (c) (1) and (2) above, the presence of the Government or another contractor may delay, disrupt or otherwise adversely impact upon the performance of this Contract. Consequently, the contractor's price for the firm fixed price portion of the Contract (CLINs 0001and 0005) will be deemed to include all costs, if any, of supporting one or more third parties (including government employees and/or other contractor's workers) at the overhaul site in performance of "Additional Requirements", should the government elect to pursue such a course. Increased costs that may result from third party presence as described above, may include, but are not limited to: insurance; physical plant security; reasonable access for third party workers who must transit the contractor's facility or any other work site provided by the contractor at which the ship may be berthed; utilities used aboard the ship or in proximity of the ship in support of the overhaul; and similar requirements. Third party presence will occur only if the prime ship repair contractor and the Government cannot agree upon a fair and reasonable price. The Contractor should be guided in determining the costs, if any, of supporting such third party presence in its price proposal for CLINs 0001, 0002, based on a risk assessment relative to the probability of proposing fair and reasonable prices versus reaching a potential impasse with the Government which would precipitate third party presence.

(3) The Contractor knowingly and voluntarily waives all claims against the Government and/or other third party contractors for delay, disruption, loss of efficiency, or other impact arising out of or based upon the presence of Government or other contractor employees performing the "Additional Requirements" at this contractor's facility. Furthermore, in cases described in sub-paragraphs (c)(1) and (2) above, the Contractor waives any right to claims of interference under the Clause entitled "Access to Vessels".

(e) The contractor agrees that its manhour rate for the 12,895 manhours of “Additional Requirements” includes the complete and full compensation to which it is entitled, including, but not limited to, compensation for all the direct labor costs, (e.g. straight time, overtime, premium time, shift differential, holiday time, standby time, etc.) for performing the Additional Requirements, as well as compensation for acceleration, delay and disruption and other impact, if any, to the aforementioned work items, to work performed under any other Government contract and to any work in progress for the Government. The contractor further agrees that it is not entitled to a time extension to the delivery date of any ship under a Government contract by reason of or as a result of the ordering of xx,xxx manhours of “Additional Requirements.”

(f) "Additional Requirements" does not include work performed pursuant to the clause of this Contract entitled "Inspection of and Manner of doing work," "Guarantees," or other contract provisions relating to the corrections of defects.

(g) The cost to the Government of "Additional Requirements" work performed by subcontractors shall not exceed the cost per direct production manhour for work required by CLIN 0003.

(h) The contractor agrees that the Government's rights under this clause are in addition to and do not abrogate its rights under the Changes Clause.

H-6 MSC 5252.243-9801 SEGREGATION OF COST (JAN 1991)

In the performance of this contract, the Contractor shall track and segregate the costs of performance allocable to the contract at the work item level and work item modification level. The requirements of this clause are in addition to the requirements of the clause "Change Order Accounting".

H-7 MSC 5252.233-9800 WAIVER OF CLAIMS (DEC 1988)

All requests for equitable adjustment to the contract price and any other claims whatsoever for moneys due under this contract must be submitted to the Contracting Officer pursuant to the clause entitled "Disputes" within six (6) months of the redelivery of the vessel. All requests for equitable adjustment that are not submitted within the six (6) month limit shall be deemed to have been waived by the contractor.

H-8 MSC 5252.203-9800 EMPLOYMENT OF NAVY PERSONNEL RESTRICTED (DEC 1988)

In performing this contract, the contractor will not use as a consultant or employ (on either a full or part-time basis) any active duty Navy personnel (civilian or military) without the prior approval of the contracting officer. Such approval may be given only in circumstances where it is clear that no laws and no DOD or Navy instructions, regulations, or policies are contravened and no appearance of a conflict of interest will result.

H-9 RESERVED

H-10 MSC 5252.223-9801 ASBESTOS REMOVAL REQUIREMENTS (DEC 1988)

(a) During the performance of this Contract the contractor and any subcontractors may be required to perform work which involves the removal or disturbance of asbestos or asbestos containing products. This clause applies to each instance of asbestos removal or disturbance.

The contractor shall comply with the precautions required in 29 CFR 1910.1001, 29 CFR 1926.58 and 40 CFR Part 61 and all other applicable Federal, State, and Local restrictions. The contractor shall forward a copy of all required notices, licenses and permits to the Contracting Officer immediately upon issuance or receipt.

(c) The latest change to the Federal, State and Local Regulations in effect at the time of issuance of the contract shall govern. Compliance with these regulations is mandatory and is necessary to protect the employees of the Contractor and Naval personnel from exposure to asbestos fibers in excess of the Occupational Safety and Health Administration (OSHA) Action level airborne concentration (currently 0.1 fibers per cubic centimeter (f/cc) of air).

(d) During removal or disturbance, the contractor shall control airborne asbestos concentrations outside the removal boundary to less than 0.1 f/cc at all times.

(e) After removal or disturbance is complete, the areas within the removal boundary shall not be released for reoccupancy until clearance air sampling demonstrates these spaces have concentrations of asbestos less than 0.1 f/cc.

(f) In all respects, the performance of air sampling and analysis shall be performed in accordance with the OSHA Reference Method (Appendix A of 29 CFR 1910.1001), with the following additional specifications:

(1) Aggressive clearance sampling shall be performed on 25 mm cassettes at 2.0 liters per minute for a minimum of four hours.

(2) In performing the clearance sampling, the pump shall be placed within the compartment where the removal or disturbance occurred. When this operation is conducted in a multilevel space, at least one pump shall be placed on each level.

(3) Air sampling shall be performed by a person competent in sampling procedures and overseen by an industrial hygienist certified for comprehensive practice (CIH) by the American Board of Industrial Hygiene.

(4) Laboratory analysis of samples shall be performed by a participant in the American Industrial Hygiene Association (AIHA) Proficiency in Analytical Testing (PAT) Program rated proficient for asbestos and air.

(g) Personal sampling shall be conducted using breathing zone air samples, which are representative of the 8-hour time-weighted average (TWA) exposure of each individual. Samples shall be collected and analyzed using the OSHA Reference Method contained in either 29 CFR 1910.1001 (as amended) or 29 CFR 1926.58 (as amended).

(h) The contractor agrees to indemnify MSFSC for any fines assessed by Federal, State or Local Agencies, for the contractor's failure to properly follow applicable Regulations.

(i) The contractor shall insert this clause in all subcontracts entered into under this contract.

H-11 SUBSTITUTION OF PERSONNEL (DEC 1988)

(a) The Contractor agrees to assign to the work under this contract those persons whose resumes were submitted with his proposal and who have been identified in the Contractor’s proposal as key personnel. In addition, all Technical Representatives identified in the Contractor’s proposal are governed by this clause. No substitutions shall be made except in accordance with this clause.

(b)The Contractor agrees that, during the first 37 days of contract performance, no key personnel substitutions will be permitted unless such substitutions are necessitated by and individual’s illness, death, or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required by paragraph (c) below. After the initial 37 day period, all substitution proposals must be submitted, in writing, at least five days in advance of the proposal substitution to the Contracting Officer, and provide information required by paragraph (c) below.

(c) All requests for substitutions must provide detailed explanations of the circumstances necessitating the proposed substitutions, a complete resume for the proposed substitute, and any other information requested by the Contracting Officer that is needed to approve or disapprove the proposed substitution. All proposed substitutes must have qualifications that are at least the equivalent of the qualifications of the person to be replaced. The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the Contractor of his approval or disapproval thereof.

H-12 ALLOCATION OF RISK FOR WORK PACKAGE IMPLEMENTATION (JAN 1995 MSC)

The purpose of this clause is to articulate the parties understanding of the allocation of risks established by the terms and conditions of this contract. This clause does not provide the parties any additional rights nor subject them to any additional obligations. Neither does this clause alter or otherwise limit the responsibilities of the parties set forth elsewhere in the contract.

Instead, this clause summarizes certain rights and obligations established elsewhere in the contract.

Under the terms and conditions of this contract, the contractor is responsible from a cost and performance standpoint, for, but not limited to the following:

(a) design and implementation of a fully functional system or installation, even if the contractor design varies from the design conceptually shown on the guidance drawings. The contractor is not limited to the design and details conceptually shown on the guidance drawings. Contractor designs which vary from the design conceptually shown on the guidance drawings are acceptable so long as such design complies with the requirements of the work item and results in a fully functional system or installation,

(b) compliance with all GTRs which may be applicable to the design developed by the contractor,

(c) overcoming interferences not shown on contract guidance drawings to the extent such interferences would be visible upon a reasonable shipcheck, or should be anticipated by a competent shipyard,

(d) overcoming variations between actual ship conditions and those shown on guidance drawings, to the extent such variations would be visible upon a reasonable shipcheck, should be anticipated by a competent shipyard, would amount to a necessary implementing detail customarily performed to facilitate the completion of similar work items,

(e) omissions from guidance drawings or work items of details of work that are necessary to fulfill the intent of the specifications or that are customarily performed by competent shipyards.

For the design approach conceptually presented on the guidance drawings, the Sealift Logistics Command is responsible for the accuracy of parametric data shown on guidance drawings (e.g. measurements, voltage, amperage, flow rates, pressure rates, etc.). In addition, MSFSC will equitably adjust the contract for shipyard substitution of equipment or materials specified in the work package which do not satisfy cognizant regulatory body requirements. Furthermore, to the extent that overcoming; a) interferences not shown on guidance drawings; b) variations between actual ship conditions and those shown on guidance drawings; or c) omissions of details of work from guidance drawings; adversely impact the cost or schedule of performance, and such effort is not otherwise the contractor’s responsibility to accomplish, perform or overcome, the contractor may be entitled to an equitable adjustment pursuant to the Change Clause.

H-13 NAVSEA 5252.217-9121 INDEMNIFICATION FOR ACCESS TO VESSEL (MAY 1989)

Notwithstanding any provision in the “ACCESS TO VESSEL” clause (DFARS 252.217-7011), or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other prime contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor’s facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.

H-14 DRYDOCKING FACILITY CERTIFICATION

USNS ships that require drydocking shall be drydocked in a facility that has a current drydock certification for a capacity greater than the ship's displacement as provided in Attachment J-1. The drydocking facility may be certified by NAVSEA in accordance with the latest requirements of MIL-STD-1625 (SH). For drydocking facility not certified by NAVSEA, the Offeror may propose a non-NAVSEA certified drydock facility as an alternative by submitting all of the following:

- A completed MSC (MSFSC) Drydock Evaluation form which is included as Attachment J-10 (MSC Drydock Evaluation Form).

- A letter with the proposal permitting access to the drydock facility by MSC staff to conduct a site survey and to review operational procedures of the facility at any time during the proposal review.

- The results of a material condition survey, completed by an IACS member society (required for floating drydock facilities), or a recognized drydock engineering firm. Surveys shall have been accomplished within 12 months of the date of submission of this proposal and shall attest to the allowable capacity of the drydock facility based on this material condition survey.

H-15 COSTS OF IN-YARD DISCHARGES

The contractor shall include in the contract price the cost for discharge of Gray Water. MSFSC ships do not have diverter valves to divert Gray Water from overboard discharges to a system or tank onboard the ship. The offerors are to include all costs to allow the ship's crew to continue to utilize galley, showers, etc., and continue to discharge Gray Water while the ship is in the contractor's facility.

H-16 TRAVEL

The contractor, technical representatives and subcontractors shall be reimbursed for reasonable transportation costs, lodging, meals and incidental expenses required in connection with change orders issued under this contract. Costs shall be considered reasonable, allowable and reimbursable only to the extent that they do not exceed, on a daily basis, the maximum per diem rate in effect at the time of travel as set forth in the Federal Travel Regulations (Joint Travel Regulation and Standardized Regulations) as set forth in FAR 31.205-46.

H-17 DOCUMENTATION REQUIREMENTS FOR RFPs

1. This provision, in part, sets forth requirements contained in DFARS 252.217-7004 entitled “Job Orders and Compensation”.

2. When the contractor submits a price proposal in response to a Request for Proposal (RFP) issued under the contract that results from this solicitation, the following requirements shall apply:

(a) Any additional material/rental equipment/subcontractor/technical representative cost proposed that exceeds $2,500.00 shall be supported by a written quote from the supplier/subcontractor/technical representative or by a copy of the actual purchase order issued to the supplier/subcontractor/technical representative;

(b) The Administrative Contracting Officer (ACO) may require the same documentation for prices below the $2,500.00 level based on his/her professional judgment;

(c) In the event that time constraints prohibit the contractor from obtaining the required documentation prior to price negotiations on a RFP, the ACO may agree to a price conditioned on the subsequent submittal of the documentation. If the documentation subsequently submitted reflects a price that is lower than the price conditionally agreed to, the ACO will make a determination as to whether to adjust the settlement amount accordingly; and

(d) When services or supplies can be competitively procured, the ACO may direct the contractor to obtain competition. In these instances, the contractor shall provide the ACO with supporting documentation that clearly indicates offers were solicited from more than one source.

3. If the contractor fails to comply with the documentation requirements set forth in this provision, the ACO may elect to unilaterally determine a fair and reasonable price for the RFP (change). When the proper documentation is provided to the ACO, the parties will then negotiate a bilateral settlement for the RFP (change).

H-18 THIRD PARTY ACCESS TO SHIPYARD FACILITY

Offerors should included any costs associated with third party access to the contractor’s facility, including costs for badges, safety orientation instruction, and/or parking, in the price proposal as set forth in Section L of this RFP under “Requirements for Submission of Proposals”. Offerors should assume that 20% of the badges issued to government and third party personnel will be lost/misplaced and should factor any resulting costs into the price proposal. When a technical representative and/or other subcontractor will be furnished by the government, the applicable specification work item will so indicate. The government will require the presence of other contractor personnel that are not clearly set forth in the statement of work. For estimating purposes, the government will require access, to include safety orientation instruction and parking at the shipyard facility, for 15 individuals for the entire duration of the performance period. The technical representatives/subcontractors provided under individual work items are NOT included in this total.

H-19 SUBCONTRACTOR SELECTION AND SUBSTITUTION

This RFP requires each offeror to address participation of major subcontractors at Factor 3.2 of its technical submittal. The factor also requires the identification of second-tier subcontractors and the specific work they will be tasked to perform. During the evaluation of the technical submittal, the government reviews each major subcontractor proposed for use to determine whether the company is qualified to perform the work. The award decision is, in part, based on this review of major subcontractors proposed. Post-award substitution of any major subcontractor should not be effected unless the proposed substitution is submitted to the Contracting Officer and official approval is obtained. The post-award substitution OR insertion of a second-tier subcontractor will be treated in the same manner as the substitution of a major subcontractor and will require specific approval by the Contracting Officer.

Subcontracting below the second-tier shall be allowed only if exigent circumstances are adequately demonstrated to the satisfaction of the Contracting Officer.

H-20 SUBMITTAL OF PURCHASE ORDERS

The Contractor is required to provide copies of all purchase orders for all contractor-furnished materials and equipment that are provided under this contract. This data is not required for repairs to the hull (doors, bulkheads, tanks, etc.) or for new installations of piping, wiring or systems covered under the original contract. Copies of purchase orders are required for contractor-furnished materials and equipment provided for all change orders issued where the cost of the materials/equipment exceeds $2,500.00 (including repairs to the hull (doors, bulkheads, tanks, etc.) or for installations of piping and wiring. In accordance with Section H-17, the Administrative Contracting Officer (ACO) may require the same documentation for prices below the $2,500.00 level based on his/her professional judgment. The submittal of these purchase orders shall be made to the Contracting Officer on a weekly basis, and shall be hard copy. This requirement does not replace the purchase order submittal requirements set forth in Section C and the Integrated Logistics Support item.