N40446-08-R-0001_RevC.rtf

RTF text file 898 KB Posted Jul 8, 2008

Attached to: IDIQ Ship Repair
Solicitation number: N40446-08-R-0001
Issued by: Department of the Navy Military Sealift Command

About this file

From the source

IDIQ Solicitation

Text of this file

file_0.wmf file_1.wmf

N40446-08-R-0001

Section B - Supplies or Services and Prices

ITEM NO

SUPPLIES/SERVICES

MAX QUANTITY

UNIT

UNIT PRICE

MAX AMOUNT

60,000 Hours

Ship Repair Labor - Straight Time

FFP

Base Year. Labor hours will be negotiated with each Delivery Order. The Contractor shall indicate the fully loaded manhour labor rate (including profit, QA, supervision, support functions, port expenses and fees, any mark up for miscellaneous consumable pool material, all indirect costs and any other charge whatsoever). Material mark-ups, mark-ups for subcontractor costs or any other direct costs (ODCs) shall not be included; see CLIN 0003.

MAX

NET AMT

MAX QUANTITY

UNIT

UNIT PRICE

MAX AMOUNT

6,000

Ship Repair Labor - Overtime

MAX QUANTITY

UNIT

UNIT PRICE

MAX AMOUNT

UNDEFINED

Lot

Material and ODC Mark Up Rate

Base Year. The Contractor shall offer a rate for indirect expenses including G&A & Profit to be used as mark up on material purchases, subcontractor pricing or any other Other Direct Costs (ODCs) associated with initial proposals, CFR's and IDR's during performance. For evaluation purposes the proposal evaluation for this line item will be based upon Government Estimate of $500,000.00 material purchases. This rate will be used in evaluating the Contractor's proposal and shall be the rate for pricing changes negotiated during the yard period. RATE:___________%.

MAX QUANTITY

UNIT

UNIT PRICE

MAX AMOUNT

OPTION

Option Year I. Labor hours will be negotiated with each Delivery Order. The Contractor shall indicate the fully loaded manhour labor rate (including profit, QA, supervision, support functions, port expenses and fees, any mark up for miscellaneous consumable pool material, all indirect costs and any other charge whatsoever). Material mark-ups, mark-ups for subcontractor costs or any other direct costs (ODCs) shall not be included; see CLIN 0006.

MAX QUANTITY

UNIT

UNIT PRICE

MAX AMOUNT

MAX QUANTITY

UNIT

UNIT PRICE

MAX AMOUNT

Option Year I. The Contractor shall offer a rate for indirect expenses including G&A & Profit to be used as mark up on material purchases, subcontractor pricing or any other Other Direct Costs (ODCs) associated with initial proposals, CFR's and IDR's during performance. For evaluation purposes the proposal evaluation for this line item will be based upon Government Estimate of $500,000.00 material purchases. This rate will be used in evaluating the Contractor's proposal and shall be the rate for pricing changes negotiated during the yard period. RATE:___________%.

MAX QUANTITY

UNIT

UNIT PRICE

MAX AMOUNT

Option Year II. Labor hours will be negotiated with each Delivery Order. The Contractor shall indicate the fully loaded manhour labor rate (including profit, QA, supervision, support functions, port expenses and fees, any mark up for miscellaneous consumable pool material, all indirect costs and any other charge whatsoever). Material mark-ups, mark-ups for subcontractor costs or any other direct costs (ODCs) shall not be included; see CLIN 0009.

MAX QUANTITY

UNIT

UNIT PRICE

MAX AMOUNT

MAX QUANTITY

UNIT

UNIT PRICE

MAX AMOUNT

Option Year II. The Contractor shall offer a rate for indirect expenses including G&A & Profit to be used as mark up on material purchases, subcontractor pricing or any other Other Direct Costs (ODCs) associated with initial proposals, CFR's and IDR's during performance. For evaluation purposes the proposal evaluation for this line item will be based upon Government Estimate of $500,000.00 material purchases. This rate will be used in evaluating the Contractor's proposal and shall be the rate for pricing changes negotiated during the yard period. RATE:___________%.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract (inclusive of base year and both option years) shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$50,000.00

$6,000,000.00 Base Year

$50,000.00

$6,000,000.00 Option Year I

$50,000.00

$6,000,000.00 Option Year II

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1,000.00

$1,000,000.00

Section C - Descriptions and Specifications

SECTION C

C-1 - GENERAL REQUIREMENTS:

1.1 GENERAL:

The Contractor shall perform ship repair services as tasked via individual task orders, providing (directly, via subcontract, or otherwise) all labor, materials, equipment, and any other required inputs. The scope of work includes MSC ships, as well as other US Navy vessels and vessels of other Federal Government Agencies (i.e., US Coast Guard).

1.2 PIER ENTRY, SECURITY AND PERMITS:

It is anticipated that all work shall be performed at Contractor-provided facilities / piers or at Government-provided facilities / piers. In those instances where Government-provided facilities / piers are made available, the Contractor shall (1) arrange for access to the vessel for all work; (2) obtain any permits required for hotwork, heavy equipment, or any other purpose; and (3) be responsible for security clearances for non-Government personnel performing work under this contract.

When the ship is berthed at the contractor’s facility, and that facility is not covered by US Navy protective measures, the contractor shall provide a means to establish a secure perimeter around the vessel what would preclude crewman from other vessels, who have access to the shipyard, from approaching the ship. Further, the contractor shall be responsible for providing an armed picket boat, 24 hours per day, 7 days per week, in the vicinity of the ship in accordance with C7F OPORD 201 TAB F Appendix C (Classified).

1.3	WORK HOURS:
	1.3.1 Work time will commence when contractor personnel arrive at the repair location and will cease when contractor personnel depart from same.
	1.3.2 The contractor shall provide a 24-hour a day, 7-day a week emergency telephone number where management personnel with authority to take immediate action to solve emergent crisis situations can be reached.
	1.3.3 Work shall be planned and organized as efficiently as possible.
	1.3.4 The contractor shall not be paid for any delays it causes.
	1.3.5 Contractor personnel are required to work a basic continuous eight (8) hour day straight-time. No “work hour” credit is given for lunch or dinner breaks.
	1.3.6 The contractor shall perform overtime, Saturday, Sunday, and Holiday work if tasked.
	1.3.7 Definitions.
		Straight time: Normal work of eight (8) hours per day, five (5) days per week, Monday through Friday.
		Overtime: Any work in excess of eight (8) hours per day or in excess of 40 hours per week, or work performed on a Saturday, Sunday, or Federal Holiday.

TRAVEL.

The Contractor shall pay for all travel costs.

HAZARDOUS MATERIALS.

1.6.1 ALL NEW MATERIAL SHALL BE ASBESTOS-FREE. If material that contains asbestos is inadvertently specified on a Contract Guidance Drawing or other document, it shall be the Contractor’s responsibility to substitute an otherwise equivalent non-asbestos product.

1.6.2 SAFETY CONTROLS ON ASBESTOS MATERIAL. Certain items of the specification may require the Contractor to remove insulation, lagging, bulkhead materials, etc… that may contain asbestos. The Contractor shall handle and dispose of asbestos materials in accordance with this contract; the delivery order; all applicable Federal, State, and local regulations; and U.S. Department of Defense and U.S. Navy instructions, policies, and procedures.

1.7	REPORTS:
	1.7.1 The Contractor shall submit in Microsoft Word format a report of work accomplished, materials used, and man-hours expended with each invoice. “As found” and “as released” readings shall be included where applicable. The Contractor shall submit a copy of each report to the MSC Contracting Officer and Contracting Officer’s Representative (COR).
	1.7.2 The Contractor shall provide a partial report if requested by the Government.

1.8	SUPERVISION:
	1.8.1 Project planning, scoping, supervision, quality assurance, and other administrative requirements shall be included in the man-hour rate.
	1.8.2 The contractor shall provide adequate supervision considering work scope and complexity.

C-2 – FACILITY

The offeror shall perform work hereunder at a marine repair facility suitable for performing general piping repairs, diesel engine repairs, boiler repairs, electrical repairs, mechanical repairs, insulation/lagging, vessel maintenance painting, and any other marine repair work.

C-3 - REQUIRED STANDARD OF WORKMANSHIP:

All MSC work shall be performed in accordance with applicable USCG and ABS Regulations. Work performed for other US Navy vessels shall be performed in accordance with applicable NAVSEA standards identified in individual Delivery Orders. The quality of all services rendered hereunder shall conform to the highest standards in the relevant profession, trade or field of endeavor. All services shall be rendered by or supervised directly by individuals fully qualified in the respective service.

C-4 – MATERIALS AND OTHER DIRECT COSTS:

4.1 The contractor shall support its price estimates (which will be negotiated) for materials and other direct costs (ODCs) with supporting documents such as invoices, quotes, and catalog prices.

4.2 Overhead material costs for items such as office supplies, paper, rags, equipment fuel costs, and the like shall be included by the contractor in proposed hourly rates.

4.3 For services that the Government pays the Contractor for based on actual costs or usage (e.g. HAZMAT disposal, shore power, potable water, shore steam, hotel rooms), the Government shall pay only the actual price the Contractor pays plus ODC markup– where the ODC markup percentage is determined by CLIN 3, CLIN 6 and CLIN 9 whichever is applicable at the time of order issuance.

C-5 - SHIP REPAIR LABOR RATE (Fully Burdened)

5.1	The Contractor shall offer its fully loaded manhour labor rate (including profit, G&A, QA, supervision, support functions, and all indirect charges). This rate will be used for negotiating work to be performed under each delivery order. The Contractor agrees that the number of man hours included in its price proposal for each delivery order includes only direct production man hours. For these purposes, direct production man hours (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, Lagging, Shipfitting, Boilermaking, Painting, Sheetmetal Work, Pipefitting, Rigging, Engineering, General Labor, Staging/scaffolding, and Fire Watch.
5.2	Direct production man hours shall not include those functions (whether charged directly or indirectly by the offeror’s accounting system) that are herein defined as support for production functions. Necessary support functions shall be considered to be included in the offeror’s fully loaded rate for direct production man hours. Examples of support functions include: Testing, Quality Assurance, Planning, Cleaning (except tank cleaning), Material handling & Warehousing, Security, Surveying, Administration, Transportation, Purchasing, Lofting, Supervision, and Other indirect support.
5.3	Direct material costs shall not be included in the direct production manhour rate.

Section D - Packaging and Marking

SECTION D

The contractor shall perform packaging and marking in accordance with the applicable requirements of each delivery order.

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

N/A N/A N/A Government N/A N/A N/A Government N/A N/A N/A Government N/A N/A N/A Government N/A N/A N/A Government N/A N/A N/A Government N/A N/A N/A Government N/A N/A N/A Government N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price

AUG 1996

52.246-4 Inspection Of Services--Fixed Price

AUG 1996

52.246-16 Responsibility For Supplies

APR 1984

252.201-7000 Contracting Officer's Representative

DEC 1991

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN

DELIVERY DATE

QUANTITY

SHIP TO ADDRESS

UIC

POP 01-OCT-2008 TO

30-SEP-2009

N/A

FOB: N/A

30-SEP-2009

N/A

30-SEP-2009

N/A

POP 01-OCT-2009 TO

30-SEP-2010

N/A

30-SEP-2010

N/A

30-SEP-2010

N/A

POP 01-OCT-2010 TO

30-SEP-2011

N/A

30-SEP-2011

N/A

30-SEP-2011

N/A

52.242-15 Stop-Work Order

AUG 1989

52.242-17 Government Delay Of Work

APR 1984

252.217-7010 Performance

DEC 1991

252.242-7004 Material Management And Accounting System

NOV 2005

PLACE OF PERFORMANCE

Place of performance is Guam. Offerors must possess a facility on the island of Guam sufficient to perform general ship repair requirements, to the level required of an Agreement for Boat Repair (ABR) level of performance.

Section G - Contract Administration Data

SECTION G

G-1 - INVOICES

a. The Contractor shall prepare invoices in accordance with the instructions as set forth in Section G.4 entitled "INVOICES". Invoices shall be marked with the contract and delivery order numbers and submitted to:

Military Sealift Fleet Support Command, Ship Support Unit Guam

ATTN: CODE N8

PSC 455 BOX 198

FPO AP 96540-2600

b. Payment will be made after performance and acceptance of services. The Government will only pay for those services or portions thereof, which have been accepted in accordance with the schedule.

c. An "Invoice" is a written request for payment under the Terms and Conditions of a contract for supplies delivered or for services rendered. Invoices shall be in the name of the Contractor and not any agent or subcontractor. In order to be proper, an invoice must include as applicable the following:

(1) Invoice date and number.

(2) Name of Contractor.

(3) Indefinite Delivery Type Contract (IDTC) number and Delivery/Task Order number, Contract Line Item Number (CLIN), contract description of supplies /services, quantity, contract unit of measure, unit cost, and extended total.

(4) Service number and date of service.

(5) Name and address to which payment is to be sent (which must be the same as that specified in this contract or by proper "Notice Of Assignment").

(6) Name, title, phone number and mailing address of person to be notified in the event of a defective invoice.

(7) Any other information or documentation required by other provisions of the contract (such as evidence of execution).

(8) Invoices shall be prepared and submitted in quadruplicate (one copy shall be marked "Original").

Section H - Special Contract Requirements

SECTION H

H-1 ORDERING PROCEDURES

(a) The Contractor shall furnish services under this contract when ordered by the Contracting Officer via the issuance of Delivery Orders. All orders issued hereunder are subject to the terms and conditions of this contract. The contract shall control in the event of conflict with any Delivery Order. Delivery Orders may be issued by mail, e-mail, or facsimile. Oral orders may be placed subject to Clause H-2, “Oral Orders.”

(b) Delivery Orders shall include:

(1) Date of order;

(2) Contract and Delivery Order number;

(3) Accounting and Appropriation Data (for Government use only);

(4) Description of services to be performed;

(5) Period of performance;

(6) For each applicable Line Item, number of hours (two decimal places only);

(7) Hourly rate and extended price;

(c) In the event the Contractor cannot meet the specified times for delivery, it should notify the Contracting Officer immediately upon receipt of the delivery order, together with a statement as to the earliest date when delivery can be made.

(d) Modifications of Delivery Orders shall be issued by the Ordering Officer.

H-2 ORAL ORDERS

(a) Oral orders may be placed under the contract by Military Sealift Fleet Support Command Contracting Officers.

(b) Oral orders will be confirmed by issuance of a delivery order by the Ordering Activity.

H-3 HOLIDAYS

The holidays applicable to this contract are: New Years Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day

H-4 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 here 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 – Any type of hazardous waste that is customarily generated in a marine repair environment may be generated under this contract.

(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 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 paragraph (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 the 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 MSCREP for completion after the hazardous waste has been identified.

For purposes of paragraph (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 MSCREP within 3 business days of receipt of written notification by the State. After obtaining the MSCREP 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 describe in paragraph (c)(6) above and present it to the MSCREP for completion.

H-5 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 MSCREP by demonstrations, completed test memoranda, or other means reasonably acceptable to the MSCREP 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 it knowledge of any discharge of oil, oily substance, or hazardous substance from the vessel, immediately notify the MSCREP thereof and shall immediately take all reasonable steps to prevent further discharge. Within 24 hours thereafter, the Contractor shall file with the MSCREP the "Oil or Hazardous Substance Discharge Report" set out in the DD Form 1423.

(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-6 RESERVED

H-7 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-8 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.

(b) 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 MSC 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-9 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 completion of the work in the delivery order. 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-10 MSC 5252.237-9800 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 thirty (30) days of the contract performance period, no key personnel substitutions will be permitted unless such substitutions are necessitated by an 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 thirty (30) day period, all substitution proposals must be submitted, in writing, at least three (3) days (ten (10) days if security clearance is to be obtained) in advance of the proposed 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 needed by him 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-11 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 is to be indicated. 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-12 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-13 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 Military Sealift 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, MSC 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 which adversely impact the cost or schedule of performance, and such effort is not otherwise the contractors responsibility to accomplish, perform or overcome, the contractor may be entitled to an equitable adjustment pursuant to the Change Clause.

H-14 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-15 COSTS OF IN-YARD DISCHARGES

The contractor shall include in the contract price the cost for discharge of Gray Water. MSC ships do not have diverter valves to divert Gray Water from overboard discharge to a system or tank onboard the ship. The offerors are to include all costs to allow the ships 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 DOCUMENTATION REQUIREMENTS FOR CHANGE ORDERS

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 change order 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 change order, 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 change. When the proper documentation is provided to the ACO, the parties will then negotiate a bilateral settlement for the change.

H-17 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-18, MSCN10H2: Substitution Or Addition Of Personnel

(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; applicable when the Contractor submitted resumes as part of their technical proposal. No substitutions shall be made except in accordance with this clause.

(b) The Contractor agrees that during the first ninety (90) days of the contract performance period no key personnel substitutions will be permitted unless such substitutions are necessitated by an individual's sudden 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 (d) below.

(c) If personnel for whatever reason become unavailable for work under the contract for a continuous period exceeding thirty (30) working days, or are expected to devote substantially less effort to the work than indicated in the contract proposal, the contractor shall propose a substitution of such personnel, in accordance withparagraph (d) below.

(d) All proposed substitutions shall be submitted, in writing, to the Contracting Officer at least fifteen (15) days (thirty (30) days if a security clearance must be obtained) prior to the proposed substitution. Each request shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, a complete resume for the proposed substitute, and any other information requested by the Contracting Officer to approve or disapprove the proposed substitution. All proposed substitutes (no matter when they are proposed during the performance period) shall have qualifications equal to or higher than the qualifications of the person being replaced.

(e) In the event a requirement to increase the specified level of effort for a designated labor category, but not the overall level of effort of the contract occurs, the offeror shall submit to the Contracting Officer a written request for approval to add personnel to the designated labor category. The information required is the same as that required for paragraph (d) above. The additional personnel shall have qualifications greater than or equal at least one (1) of the individuals proposed for the designated labor category.

(f) The Contracting Officer shall evaluate requests for substitution and addition of personnel and promptly notify the offeror, in writing, of whether the request is approved, disapproved pending receipt of additional information, or disapproved.

(g) If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable to perform under the contract is not reasonably forthcoming or that the resultant reduction of productive effort would impair the successful completion of the contract or the technical direction, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. Alternatively, at the Contracting Officer's discretion, if the Contracting Officer finds the Contractor at fault for the condition, he equitably adjusted (downward) the contract price or base fee to compensate the Government for any delay, loss or damage as a result of the contractor's action.

Section I - Contract Clauses

I-1 ORDERING

I-1 ORDERING UNDER MULTIPLE AWARDS

PROCEDURES FOR PLACING DELIVERY ORDERS UNDER MULTIPLE AWARD CONTRACTS

(a) The Government will use procedures contained in FAR 16.505 and DFARS 216-505-70 when placing orders under the contract.

(b) The Government will provide each awardee a fair opportunity to be considered for each order valued over $3,000.00 by soliciting offers from each awardee, unless the Contracting Officer determines an exception at FAR 16.505(b)(2) is applicable.

(c) Orders valued under $3,000.00 will be rotated between contractors who posess the capability to perform the work item(s).

(d) Each solicitation will include a description of the Government’s requirement, the evaluation criteria that offers will be evaluated by, the date/time offers are due by, and the submission method/delivery location for offers.

(e) When soliciting offers, the Government will keep submission requirements to a minimum. The Government may use streamlined procedures, including oral presentations, when soliciting offers.

(f) The Government will tailor the evaluation criteria to each solicitation. At a minimum the Government will consider the awardees price or cost and their past performance on earlier orders under the contract and other contracts of similar size and scope.

(g) Contractor shall submit proposals using the rates/prices established in Section B of the contract. When submitting price proposals, contractors shall provide the following information for each work item:

Work Item # Proposed Straight Time labor hours Straight Time labor rate Total proposed price Straight Time labor Proposed Overtime labor hours Overtime labor rate Total proposed price Overtime labor Material costs Subcontractor costs Other Direct Costs (ODC) Subtotal of Material, Subcontractor, and ODC costs Material/Subcontractor/ODC markup rate Total proposed price Material, Subcontractor, and ODC Total proposed price Straight Time labor, Overtime labor, and Material/Subcontractor/ODC

(h) The Government may elect to award a single or multiple delivery/task orders as a result of solicitations issued under the contract.

52.202-1 Definitions

JUL 2004

52.203-3 Gratuities

APR 1984

52.203-5 Covenant Against Contingent Fees

APR 1984

52.203-6 Restrictions On Subcontractor Sales To The Government

SEP 2006

52.203-7 Anti-Kickback Procedures

JUL 1995

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity

JAN 1997

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

SEP 2007

52.204-2 Security Requirements

AUG 1996

52.204-4 Printed or Copied Double-Sided on Recycled Paper

AUG 2000

52.204-7 Central Contractor Registration

JUL 2006

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.211-5 Material Requirements

AUG 2000

52.211-15 Defense Priority And Allocation Requirements

SEP 1990

52.215-2 Audit and Records--Negotiation

JUN 1999

52.215-8 Order of Precedence--Uniform Contract Format

OCT 1997

52.215-10 Price Reduction for Defective Cost or Pricing Data

OCT 1997

52.215-11 Price Reduction for Defective Cost or Pricing Data--Modifications

OCT 1997

52.215-12 Subcontractor Cost or Pricing Data

OCT 1997

52.215-13 Subcontractor Cost or Pricing Data--Modifications

OCT 1997

52.215-14 Integrity of Unit Prices

OCT 1997

52.215-14 Alt I Integrity of Unit Prices (Oct 1997) - Alternate I

OCT 1997

52.215-17 Waiver of Facilities Capital Cost of Money

OCT 1997

52.215-19 Notification of Ownership Changes

OCT 1997

52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data

OCT 1997

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

JUL 2005

52.219-6 Notice Of Total Small Business Set-Aside

JUN 2003

52.219-8 Utilization of Small Business Concerns

MAY 2004

52.219-26 Small Disadvantaged Business Participation Program--Incentive Subcontracting

OCT 2000

52.222-1 Notice To The Government Of Labor Disputes

FEB 1997

52.222-3 Convict Labor

JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation

JUL 2005

52.222-20 Walsh-Healey Public Contracts Act

DEC 1996

52.222-21 Prohibition Of Segregated Facilities

FEB 1999

52.222-26 Equal Opportunity

MAR 2007

52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities

JUN 1998

52.222-37 Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-38 Compliance With Veterans' Employment Reporting Requirements

DEC 2001

52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees

DEC 2004

52.223-3 Hazardous Material Identification And Material Safety Data

JAN 1997

5…

This is the start of the file's text. The full file is on GovTribe.

Other files

File	Type	Posted
N40446-08-R-0001_P01IDIQ.doc	DOC document	Jul 16, 2008

On GovTribe

Work with this file

Download the original file
Contacts named in this file
Similar government files
Ask GovTribe AI about this file

Try for free Login

File details come from the government source that posted it. Updated Nov 14, 2017.