N40446-12-R-0002 Released.pdf

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until 02:00 PM local time 13 Jun 2012

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51 - 57 X H 58 - 60 theodore.r.williams@fe.navy.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 60

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N40446 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

TED WILLIAMS 671-339-6676

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 7

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

8 - 10

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

13 - 14

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 15 - 18 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 19 - 20 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

21 - 33

PART II - CONTRACT CLAUSES

MILITARY SEALIFT COMMAND, SSU GUAM

MSC, SSU GUAM

PSC 455, BOX 198

APO AP 96540-2600 671-339-2082

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

14 May 2012

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N40446-12-R-0002

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Each

GUAM BASE POP

FFP

Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

Material Mark Up Rates (to include Profit and G&A).

Note: The above ceiling rates will apply to initial Delivery Order awards and to growth work that may be incorporated during performance

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1001 UNDEFINED Each OPTION GUAM 1st Option POP

FFP

Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

Material Mark Up Rates (to include Profit and G&A).

Note: The above ceiling rates will apply to initial Delivery Order awards

UNIT UNIT PRICE MAX AMOUNT

2001 UNDEFINED Each OPTION GUAM 2nd Option POP

FFP

Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

Material Mark Up Rates (to include Profit and G&A).

Note: The above ceiling rates will apply to initial Delivery Order awards

UNIT UNIT PRICE MAX AMOUNT

3001 UNDEFINED Each OPTION GUAM 3rd Option POP

FFP

Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

Material Mark Up Rates (to include Profit and G&A).

Note: The above ceiling rates will apply to initial Delivery Order awards

UNIT UNIT PRICE MAX AMOUNT

4001 UNDEFINED Each OPTION GUAM 4th Option POP

FFP

Fully Burdened Labor Rates are as Follows (Rates to be filled in attached spreadsheet only)

Straight Time (ST):

Overtime (OT):

Premium Time (PT):

Material Mark Up Rates (to include Profit and G&A).

Note: The above ceiling rates will apply to initial Delivery Order awards

MIN AND MAX ORDER LIMITS

Locations of performance: GUAM

Multiple contracts may be awarded for GUAM. Individual delivery orders will be issued and competed among those offerors that receive a contract award for GUAM.

IDIQ CONTRACT--MINIMUM AND MAXIMUM AMOUNTS PER CONTRACT PERIOD IN NOTED

LOCATION BASED ON LABOR HOURS ONLY*

GUAM

POP Minimum Per Award

Maximum Per Award

0001 $3,000.00 $6,000,000.00 1001 $3,000.00 $6,000,000.00 2001 $3,000.00 $6,000,000.00 3001 $3,000.00 $6,000,000.00 4001 $3,000.00 $6,000,000.00

*It is anticipated that multiple awards will be made in each geographic area. The minimum applies to each contract award. The maximum applies to the respective geographic area. Success of each contractor competing for individual Delivery Orders will vary.

Section C - Descriptions and Specifications

STATEMENT OF WORK

1. GENERAL

1.1. Contractor is required to provide all labor, materials and a marine repair facility for ship repair services on MSC vessels in Guam for a one (1) base year period starting upon award of the resulting contract with four (1) one year options, if exercised. Ship repair services include but are not limited to: pipefitting, welding, machinists, electrical work, boiler making and repairing, and diesel mechanics, etc. MSC vessels will be berthed at Government and commercial piers. Contractor is required to have access to a marine repair facility for necessary shop repairs and testing. All work will be done in accordance with applicable United States Coast Guard (USCG) and American Bureau of Shipping (ABS) Regulations.

2. LOCATION

2.1. Contractor is required to perform the work as ordered onboard the Military Sealift Fleet Support Command vessels. The work will generally be performed at Government and commercial piers in Guam. Access to the ship shall be coordinated in advance with the Port Engineer in charge

3. PIER ENTRY, SECURITY AND PERMITS

3.1. Contractor must arrange for access to the vessel for all work.

3.2. Permits for hotwork, heavy equipment, or for any other purpose must be obtained by the Contractor.

3.3. Base Security clearance, including EPIC and individual base access, for all contract personnel is the responsibility of the contractor.

4. WORK HOURS

4.1. Chargeable work time will commence when contractor personnel arrive at the repair location (i.e. onboard vessel) and will cease when contractor personnel depart from it.

4.2. Time to and from the performance location, including base/pier access, is the responsibility of the contractor and will not be considered to be a reasonable cause of delay in performance.

4.3. The contractor shall be available via telephone, 24-hours a day, 7 days a week for emergencies. In emergency situations, the contractor may start work immediately by verbal authorization from the Contracting Officer.

4.4. Ordinarily, work will commence in accordance with the delivery order. Any exceptions to be authorized by Contracting Officer only.

4.5. Work is to be planned and organized as efficiently as possible.

4.6. Once a job has commenced, any contractor caused delays which cause work stoppage shall be at the expense of the contractor.

4.7. Contractor personnel are required to work a basic, continuous eight (8) hour day straight-time. No overtime will be allowed except as authorized by the Contracting officer under a delivery order.

4.8. Definitions

4.8.1. Standard/Straight Time: Normal work of eight (8) hours per day, five (5) days per week, Monday through Friday.

4.8.2. Overtime: Any work in excess of eight (8) hours per day or in excess of 40 hours per week, or work performed on Saturdays.

4.8.3. Premium Time: Work performed on holidays or on Sundays.

5. TRAVEL

5.1. The Government will not reimburse or pay for any travel costs incurred by the Contractor in performing the contract.

6. HAZARDOUS MATERIALS

6.1. ALL NEW MATERIAL SHALL BE ASBESTOS-FREE. If material which 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.

6.2. SAFETY CONTROLS ON ASBESTOS MATERIAL. Certain items of the specification may require the contractor to remove insulation, lagging bulkhead materials, etc., which may contain asbestos. Asbestos materials should be handled and disposed of, in accordance with H-3 and all applicable Federal, U. S. Navy, State and local regulations.

7. WORK ORDER CANCELLATION

7.1. Work orders maybe canceled in accordance with clauses FAR 52.249-2 or 52.249-8 referenced in SECTION I.

8. REPORTS

8.1. A report (required in MS Office format unless otherwise specified) of work accomplished, materials used and man-hours expended is to be submitted with each invoice. “As found” and “as released” readings are to be included where applicable. A copy of the report is to be sent to the MSC Contracting Officer’s Representative (COR) and Port Engineer. All reports and invoices will be provided to the Government electronically.

9. SUPERVISION

9.1. Project planning, scoping, supervision, quality assurance, and other administrative requirements are to be included in the man-hour rate.

10. REPAIR FACILITY

10.1. The offeror shall have access to a marine repair facility at each location covered by its proposal to perform general piping repairs, diesel engine repairs, boiler repairs, electrical repairs, mechanical repairs, insulation/lagging, and vessel maintenance painting. All work shall be performed in accordance with applicable USCG and ABS Regulations and to the satisfaction of the Government Port Engineer/COR.

11. REQUIRED STANDARD OF WORKMANSHIP

11.1. The quality of all services rendered hereunder shall conform to the highest standards in the relevant profession, trade or field of endeavor. Qualified personnel shall accomplish all services.

12. PRIOR WRITTEN PERMISSION REQUIRED FOR SUBCONTRACTS

12.1. None of the services required by this contract shall be subcontracted to or performed by persons other than the contractor without the prior written consent of the Contracting Officer.

13. COST OF MATERIALS

13.1. The material cost shall be negotiated based on supporting documents such as invoices, catalogs etc. pursuant to specific authorization or the delivery order.

13.2. Costs for consumable materials such as office supplies, paper, rags, vehicles or equipment fuel costs, etc., shall be included in contractor’s overhead cost and not separately priced.

14. SHIP REPAIR LABOR RATE (FULLY BURDENED)

14.1. The Contractor’s fully loaded man-hour rate will be used for negotiating work to be performed under each delivery order, and includes delivery order modifications. The contractor agrees that the number of man hours included in its price proposal for such delivery orders shall include only direct production man hours. For these purposes, direct production man-hours are for skilled labor at the journeyman level expended in direct production as exemplified by the following functions:

Abrasive cleaning/blasting Fire Watch Welding Machinists (inside and outside) Burning Brazing Carpentry Electrical Work Lagging Ship-fitting Boiler-making Painting Sheet-metal Work Pipefitting Rigging General Labor

Staging/scaffolding Diesel Mechanics

14.2. Direct production man hours will 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 loaded rate for direct production man hours (see Section C-1.9). Examples of support functions include:

Testing Quality Assurance Planning Cleaning (except tank Cleaning) Material handling & Warehousing Security Surveying Administration Transportation Purchasing staff Lofting Other indirect support Supervision QA

14.3. Material costs will not be included in the direct production man hour rate.

Section D - Packaging and Marking

PACKAGING

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

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 252.217-7005 Inspection and Manner of Doing Work JUL 2009 252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

DELIVERY OR PERFORMANCE

Contract Period: One year base period with four (4), one year option periods. The period of performance is estimated to commence one year from date of award. However, the performance period for each requirement will be designated on each individual task order.

CLIN DESC POP Start Date POP End Date

0001 Base POP 7/1/2012 6/30/2013

1001 1st Option POP 7/1/2013 6/30/2014

2001 2nd Option POP 7/1/2014 6/30/2015

3001 3rd Option POP 7/1/2015 6/30/2016

4001 4th Option POP 7/1/2016 6/30/2017

PLACES OF PERFORMANCE

Services will normally be accomplished aboard MSC vessels at Government and commercial piers in Guam.

PLACES OF DELIVERY: DESTINATION

All items and data furnished hereunder shall be delivered with all transportation charges paid by the contractor to the destination specified in the Task /Delivery Order.

EMERGENT REQUIREMENTS

A number of orders issued under this contract are expected to be classified as “emergent work” by the Contracting Officer (KO). The Contractor will be expected to commence work upon receipt of verbal authorization from the Contracting Officer.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-JUL-2012 TO

30-JUN-2013

N/A N/A

1001 POP 01-JUL-2013 TO

30-JUN-2014

2001 POP 01-JUL-2014 TO

30-JUN-2015

3001 POP 01-JUL-2015 TO

30-JUN-2016

4001 POP 01-JUL-2016 TO

30-JUN-2017

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

G-1 MSC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (APR 2012)

To implement DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008), Military Sealift Command (MSC) utilizes Wide Area WorkFlow (WAWF) to electronically process vendor requests for payment. This application allows DoD vendors to submit and track Invoices and Receipt/Acceptance documents, if applicable, electronically.

The Contractor is required to utilize this system when processing invoices and receiving reports, if applicable, under this contract/order, unless an exception at DFARS 252.232-7003(c) applies. The Contractor shall:

(i) ensure an Electronic Business Point of Contact is designated in Central Contractor Registration (CCR) at http://www.ccr.gov.

(ii) register to use WAWF at the https://wawf.eb.mil site, within ten (10) calendar days after award of this contract or modification. Step by step procedures to register are available at the https://wawf.eb.mil site.

(iii) ensure review of the MSC WAWF Vendor Guide, available at the MSC site http://www.procurement.msc.navy.mil under the references section.

In the event you have WAWF questions, contact the MSC WAWF point of contact (POC) at MSCHQ_WAWF@navy.mil.

NOTE: The POC identified above is for WAWF issues only. Any other contracting questions/problems should be addressed to the Contracting Officer or other person identified in the contract to who questions are to be addressed.

The Contractor is directed to use the Commercial Invoice format when processing invoices and receiving reports, if applicable.

This contract/order DOES require submission of Material Inspection and Receiving Reports (MIRR) DFARS Clause 252.246-7000; therefore, the vendor IS required to process receiving reports in WAWF under this contract/order.

This contract/order does NOT require submission of Material Inspection and Receiving Reports (MIRR) DFARS Clause 252.246-7000; therefore, the vendor is NOT required to process receiving reports in WAWF under this contract/order.

The information contained in the table below is for WAWF purposes only. If any information included in these instructions, e.g., Ship to DoDAAC, contradicts information elsewhere in this contract, those other terms shall take precedence for any matter other than invoicing and receiving reports, if applicable.

When entering the invoice into WAWF, the Contractor shall fill in the following DoDAAC fields or DoDAAC extensions exactly as shown in the table below. Fields that should not be filled in when entering the invoice into WAWF will be indicated below with the direction, “Leave Blank.”

WAWF Routing Table

Contract Number

Delivery Order

Cage Code/Ext

Pay DoDAAC N40442

Issue Date

Admin By DoDAAC N40446

Issued By DoDAAC N40446

Ship To Code/Ext N62387

Ship From Code/Ext Leave Blank

LPO DoDAAC Leave Blank

Acceptor Email Address Leave Blank

Inspect By DoDAAC/Ext

Leave Blank

In some situations the WAWF system will pre-populate the “Pay DoDAAC,” “Admin By DoDAAC” and “Issue By DoDAAC.” The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table above. If these DoDAACs do not match, then the Contractor shall correct the field(s).

If Receiving Reports are required, ensure that the “Inspection” and “Acceptance” defaults of “destination” for both fields are not changed in the WAWF online interface.

The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit Price (e.g. $1.00). The dollar amounts on each CLIN or SubCLIN on the WAWF invoice shall reflect final performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in the contract document. The Contractor shall bill to the lowest level, e.g., the SubCLIN level. The Quantity and Unit of Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the invoice being delayed or rejected during processing.

Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor will be given the option to send additional email notifications by clicking on the “Send More Email Notifications” link that appears on the page. The Contractor shall click on this link and add the acceptor’s/receiver’s email address in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF system.

(End of instructions)

G2

G-2 POINT OF CONTACT

For information regarding this document please contact:

Mr. Theodore “Ted” R. Williams Military Sealift Command Ship Support Unit Guam PSC 455, box 198

APO AP 96540-2600

Fax: 671 339 2082 Email address: theodore.r.williams@fe.navy.mil

G-3 Ordering

Individual task orders placed under the contract shall be issued by the ordering officer. For purpose of the contract, any warranted contracting officer of the Military Sealift Command and its subordinate commands, shall serve as an n ordering officer. Orders may be issued orally, by facsimile, or by electronic mail. Each order issued orally shall be confirmed in writing within seven (7) business days and include information stipulated under FAR 16.505(a) (6).

G-4 Task Order Point of Contact

Prior to contract award the successful offeror(s) in response to the solicitation shall provide a single point of contract (POC) and alternate for all task orders issued under the resultant contract. The offeror shall provide the name, mailing address, telephone number, facsimile number and e-mail address for the POC and POC alternate.

The POC shall be available to the Contracting Officer or his/her designated representative on a 24-hour emergency basis.

G-5 SHIP & BASE ACCESS (SEP 2011)

Vendors are responsible for correctly submitting forms/applications. Vendors are encouraged to monitor email using “Request a Read Receipt” function and to confirm receipt of facsimile transmissions.

Due to enhanced security measures, ship and base access is required for pre-award ship visits (e.g. ship check) and for contract performance. Specifically the following permissions are required:

1. El Paso Intelligence Center (EPIC) personnel screening requirement.

2. Base/Repair Facility Access Request

3. Vehicle Access Request

4. Ship Access List (vendor-provided)

All forms are available for download on the MSC Contracts webpage at http://www.msc.navy.mil. Click on “Contracts” in the upper right corner. “EPIC template” is under “Reference” subheading. Click on “Online Library of Common Documents” for all other forms.

EPIC: Required for access to MSC vessels. Complete EPIC for strictly adhering to format requirements and forward to (CONUS East Coast repairs) MSC_EPIC_EAST@navy.mil; (CONUS West Coast and Hawaii repairs) MSC.SSUSD.EPIC@navy.mil and (Guam repairs) norma.pillman@fe.navy.mil. EPIC personnel screening requests are desired seven calendar days prior to performance start date. Requests will be managed as expeditiously as circumstances permit. Vendor will be notified by MSC of personnel who are denied access to the vessel.

BASE/REPAIR FACILITY ACCESS: Permit is required to access Navy facilities. Base/Repair Facility Access Request is desired seven days prior to ship check or performance start date. Submit forms per the document instruction and to the Port Engineer.

RAPIDGATE: RAPIDGate is being implemented for access to DoD facilities in CONUS, Hawaii, Guam, and Puerto Rico. Vendor is responsible to acquire RAPIDGate status and destination base individual access badge(s) activation prior to performance start date. Delays that may result from inadequate planning are contractor responsibility. Vendor instructions and program information is available at http://www.RAPIDGate.com or tel. 877 727 4342. RAPIDGate access requires (in succession) (1) Individual Base Commander approval for vendor to access base; (2) Successful vendor RAPIDGate company annual enrollment; (3) Company employee individual enrollment and possession of RAPIDGate identification badge for single base or multiple base (enterprise) access.

Vendor is responsible to confirm that each employee held annual RAPIDGate badge is active for the specific facility and performance period in accordance with RAPIDGate User Agreement (http://www.RAPIDGate.com).

VEHICLE ACCESS: Required for vehicle access to Navy facilities. Follow supplemental instructions on Base Access forms or base-specific vehicle access forms.

SHIP ACCESS LIST (Vendor Provided): On company letterhead attachment via email, the vendor is required to provide the ship master (courtesy copy the Port Engineer) with an accurate, current list of performing personnel prior to being admitted aboard the vessel. Under no circumstances will a hand delivered list be accepted.

T-AKE emil address: MASTER@AKE#.NAVY.MIL (example: master@ake8.navy.mil, where “8” is the hull number).

All other hulls address: MASTER.SHIPNAME@MSC.NAVY.MIL (example: master.sioux@msc.navy.mil).

*When access to classified information of material may be required please contact Port Engineer for special instructions.

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H-1 - PROCEDURES FOR PLACING DELIVERY ORDERS UNDER MULTIPLE AWARD CONTRACTS

(a) ORDERS UNDER $3,000. Orders will be placed with the contractor as deemed appropriate by the Government. If placed by purchase card, contractor must honor contract price.

(b) ORDERS IN EXCESS OF $3,000. The following procedures and criteria will be utilized; Exceptions to these procedures are outlined in paragraph (c) below:

(1) Written or oral proposals will be solicited from each awardee for Guam.

(2) Awardee will submit proposal using rates/prices established in Section B and Attachment 2 of the Contract.

(3) Each awardee need not be contacted if the contracting officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order.

(4) In providing awardees a fair opportunity to be considered for each order in excess of $3,000.00, the contracting officer shall exercise broad discretion and may consider the following factors.

(I). Past Performance (II). Quality of Deliverables (III). Cost Control (IV). Price (V). Cost (VI). Response time (VII). Other factors relevant to the placement of delivery orders

(c) EXCEPTIONS.

Awardees need not be given an opportunity to be considered for a particular order in excess of $3,000.00 if the Contracting Officer determines that:

(1) The agency need for such supplies or services is of such an urgency that providing such opportunity would result in unacceptable delays.

(2) Only one such contractor is capable of providing such supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(3) The order should be issued on a sole source basis in the interest of economy and efficiency as a logical follow-on order already issued under this contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(4) It is necessary to place an order to satisfy a minimum guarantee.

H-2 - HOLIDAYS

The holidays applicable to this contract are:

New Years Day 1 January Martin Luther King Day Third Monday in January President’s Day Third Monday in February

Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

H-3 - PREVENTION OF THE DISCHARGE OF OIL AND HAZARDOUS SUBSTANCES

(a) POLICY. In compliance with Executive Order Number 11752 (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 COR by demonstrations, completed test memoranda, or other means reasonably acceptable to the COR 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 MSCREP thereof and shall immediately take all reasonable steps to prevent further discharge. Within 24 hours thereafter, the Contractor shall file with the COR the "Oil or Hazardous Substance Discharge Report" using a format that is acceptable to the COR.

(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 PAPERLESS CONTRACT ADMINISTRATION

Prior to start of the Performance Period, the Contractor shall coordinate with the Contracting Officer an electronic mail procedure for transmission of all contractual documents and correspondence. Contractors shall receive all contractual documents and correspondence via this method, and shall submit all correspondence and proposal information in the same manner. Scanners may be used for documents requiring signatures. MSC utilizes the MS Office suite of applications (i.e. Word, Excel) and Adobe Acrobat to conduct its contracting administration.

Contractors wishing to do business with MSC shall utilize same programs.

Section I - Contract Clauses

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 OCT 2010 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 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 Central Contractor Registration APR 2008 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.210-1 Market Research APR 2011 52.211-5 Material Requirements AUG 2000 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-14 Integrity of Unit Prices OCT 2010 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-21 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data-- Modifications

OCT 2010

52.217-5 Evaluation Of Options JUL 1990 52.217-8 Option To Extend Services NOV 1999 52.219-6 Notice Of Total Small Business Set-Aside JUN 2003 52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-14 Limitations On Subcontracting NOV 2011 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-28 Post-Award Small Business Program Rerepresentation APR 2009 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-20 Walsh-Healey Public Contracts Act OCT 2010 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons FEB 2009 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-8 Duty-Free Entry OCT 2010 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-3 Patent Indemnity APR 1984 52.229-3 Federal, State And Local Taxes APR 2003 52.230-2 Cost Accounting Standards OCT 2010 52.230-3 Disclosure And Consistency Of Cost Accounting Practices OCT 2008 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest OCT 2010 52.232-18 Availability Of Funds APR 1984 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Alt I Disputes (Jul 2002) - Alternate I DEC 1991 52.233-2 Service Of Protest SEP 2006 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-2 Production Progress Reports APR 1991 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-13 Bankruptcy JUL 1995 52.243-6 Change Order Accounting APR 1984 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items DEC 2010 52.245-1 Government Property AUG 2010 52.246-20 Warranty Of Services MAY 2001 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.248-1 Value Engineering OCT 2010 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

MAY 2004

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.215-7000 Pricing Adjustments DEC 1991

252.217-7003 Changes DEC 1991 252.217-7004 Job Orders and Compensation MAY 2006 252.217-7006 Title DEC 1991 252.217-7007 Payments DEC 1991 252.217-7008 Bonds DEC 1991 252.217-7009 Default DEC 1991 252.217-7010 Performance JUL 2009 252.217-7011 Access to Vessel DEC 1991 252.217-7012 Liability and Insurance AUG 2003 252.217-7013 Guarantees DEC 1991 252.217-7014 Discharge of Liens DEC 1991 252.217-7015 Safety and Health DEC 1991 252.217-7016 Plant Protection DEC 1991 252.219-7011 Notification to Delay Performance JUN 1998 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7002 Safety Precautions For Ammunition And Explosives MAY 1994 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7001 Buy American Act And Balance Of Payments Program OCT 2011 252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.225-7006 Quarterly Reporting of Actual Contract Performance Outside the United States

OCT 2010

252.225-7012 Preference For Certain Domestic Commodities JUN 2010 252.225-7013 Duty-Free Entry DEC 2009 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7019 Restriction on Acquisition of Anchor and Mooring Chain DEC 2009 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7036 Buy American--Free Trade Agreement--Balance of Payments

Program

OCT 2011

252.225-7037 Evaluation of Offers for Air Circuit Breakers JUN 2005 252.225-7038 Restriction on Acquisition of Air Circuit Breakers JUN 2005 252.227-7013 Rights in Technical Data--Noncommercial Items SEP 2011 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7017 Identification and Assertion of Use, Release, or Disclosure

Restrictions

JAN 2011

252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2011 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7004 DOD Progress Payment Rates OCT 2001 252.232-7009 Mandatory Payment by Governmentwide Commercial

Purchase Card

DEC 2006

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.244-7000 Subcontracts for Commercial Items and Commercial

Components (DoD Contracts)

SEP 2011

252.246-7001 Warranty Of Data DEC 1991 252.246-7003 Notification of Potential Safety Issues JAN 2007 252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the…