N4215821RS004U0007.pdf

N4215821RC10008

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this solicitation amendment is to:

-Extend the soliciation response date from March 19, 2021 to April 8, 2021 -Incorporate changes to requirement.

-All other terms and conditions remain unchanged

1. CONTRACT ID CODE PAGE OF PAGES

J 1 25

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 09-Mar-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X N4215821RS004

X 9B. DATED (SEE ITEM 11)

14-Jan-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

09-Mar-2021

CODE

NORFOLK NAVAL SHIPYARD

ATTN: KENNETH DIETZ

SUB PRESERVATION & SUPPORT SVCS

C451, BLDG 65, 2ND FLOOR, RM 201

PORTSMOUTH VA 23709-1022

N42158 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N4215821RS004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 19-Mar-2021 05:00 PM to 08-Apr-2021 05:00 PM.

The number of offeror copies required has increased by 2 from 1 to 3.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0002

The CLIN type priced has been added.

The cost constraint NSP has been added.

The FOB Destination has been added.

The PSC code J019 has been added.

The PROG code S10 has been added.

The WSC Equipment code 000 has been added.

The NAICS code 336611 has been added.

The MDAP/MAIS Code 000 has been added.

CLIN 1002

The CLIN type priced has been added.

The option status has changed from No Status to Option.

The cost constraint NSP has been added.

The FOB Destination has been added.

The PSC code J019 has been added.

The PROG code S10 has been added.

The WSC Equipment code 000 has been added.

The NAICS code 336611 has been added.

The MDAP/MAIS Code 000 has been added.

CLIN 2001

The CLIN type priced has been deleted.

The CLIN description has changed from USS TOLEDO SUBMARINE PRESERVATION to NOT

USED.

The CLIN extended description has changed from:

Option Year 2 - USS Toledo Submarine PreservationSee Attachment 8 for the detailed ELIN Pricing Sheet

To:

NOT USED

The pricing detail quantity 1.00 has been deleted.

The unit of issue Lot has been deleted.

The option status has changed from Option to No Status.

The FOB Destination has been deleted.

The PSC code J019 has been deleted.

The PROG code S10 has been deleted.

The WSC Equipment code 000 has been deleted.

The NAICS code 336611 has been deleted.

The MDAP/MAIS Code 000 has been deleted.

CLIN 2002

The CLIN description has changed from Contract Data Requirements List (CDRLs) to NOT USED.

The CLIN extended description has changed from:

NOT SEPERATELY PRICED. Section J Exhibit(s)

NOT USED

SECTION E - INSPECTION AND ACCEPTANCE

The Acceptance/Inspection Schedule for CLIN 0002 has been changed from:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A N/A N/A

To:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Destination Government Destination Government

The Acceptance/Inspection Schedule for CLIN 1002 has been changed from:

N/A N/A N/A N/A

To:

Destination Government Destination Government

The Acceptance/Inspection Schedule for CLIN 2001 has been changed from:

Destination Government Destination Government

To:

N/A N/A N/A N/A

The Technical Office for CLIN 2001 has been deleted.

SECTION F - DELIVERIES OR PERFORMANCE

The following Delivery Schedule for CLIN 0002 has been added:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 01-MAY-2021 TO

30-APR-2022

N/A NORFOLK NAVAL SHIPYARD

CONTACT COR

FOR DELIVERY AND CONTACT

INFORMATION

PORTSMOUTH VA 23709

TEL: WITHIN

FOB: Destination

N42158

The following Delivery Schedule item for CLIN 1001 has been changed from:

CAGE

POP 01-MAY-2022 TO

30-APR-2023

N/A NORFOLK NAVAL SHIPYARD

CONTACT COR

FOR DELIVERY AND CONTACT

INFORMATION

PORTSMOUTH VA 23709

TEL: WITHIN

CAGE

POP 01-MAY-2022 TO

30-SEP-2022

N/A NORFOLK NAVAL SHIPYARD

CONTACT COR

FOR DELIVERY AND CONTACT

INFORMATION

PORTSMOUTH VA 23709

TEL: WITHIN

The following Delivery Schedule for CLIN 1002 has been added:

CAGE

POP 01-MAY-2022 TO

30-SEP-2022

N/A NORFOLK NAVAL SHIPYARD

CONTACT COR

FOR DELIVERY AND CONTACT

INFORMATION

PORTSMOUTH VA 23709

TEL: WITHIN

The following Delivery Schedule for CLIN 2001 has been deleted:

CAGE

POP 01-MAY-2023 TO

10-JUN-2023

N/A NORFOLK NAVAL SHIPYARD

CONTACT COR

FOR DELIVERY AND CONTACT

INFORMATION

PORTSMOUTH VA 23709

TEL: WITHIN

SECTION G - CONTRACT ADMINISTRATION DATA

The following have been added by reference:

252.232-7004 DOD Progress Payment Rates OCT 2014

The following have been added by full text:

252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) is/are incrementally funded. For this/these item(s), the sum of $---- of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE

CONVENIENCE OF THE GOVERNMENT".

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph

(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.

The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract if fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or

(e) of this clause.

(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $--

(month) (day), (year) $----

(month) (day), (year) $----

(month) (day), (year) $----

(End of clause)

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.232-18 Availability Of Funds APR 1984

The following have been added by full text:

52.232-16 PROGRESS PAYMENTS (JUN 2020)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR) 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors--

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for --

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor

(ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor's --

(i) Failure to make progress or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) of this clause, and that rate is less than the progress payment rate stated in subparagraph (a)(1) of this clause.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (d) (2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; e.g., the termination clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall

(i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not--

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).

(f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.

(g) Reports, forms, and access to records. (1) The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

(2) The Contractor shall furnish estimates to complete that have been developed or updated within six months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.

(3) Each Contractor request for progress payment shall:

(i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and

(ii) Include any additional supporting documentation requested by the Contracting Officer.

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments and (ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause shall --

(i) Excuse the Contractor from performance of obligations under this contract or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause

(i) Shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:

(1) The amounts included are limited to--

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments--

(i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its Alternate I for any subcontractor that is a small business concern;

(ii) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;

(iv) Are in conformance with the requirements of FAR 32.504(e); and

(v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if--

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments--

(i) Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the criteria for, and definition of, performance-based payments in FAR Part 32;

(ii) Are in conformance with the requirements of FAR 32.504(f); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if--

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(5) If the financing payments are in the form of commercial item financing payments, the terms of the subcontract or interdivisional order concerning payments--

(i) Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial item purchase that meets the definition and standards for acquisition of commercial items in FAR Parts 2 and 12;

(ii) Are in conformance with the requirements of FAR 32.504(g); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if--

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(6) If financing is in the form of progress payments, the progress payment rate in the subcontract is the customary rate used by the contracting agency, depending on whether the subcontractor is or is not a small business concern.

(7) Concerning any proceeds received by the Government for property to which title has vested in the Government under the subcontract terms, the parties agree that the proceeds shall be applied to reducing any unliquidated financing payments by the Government to the Contractor under this contract.

(8) If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing payments that the Contractor has made to any subcontractor, the Contractor shall be subrogated to all the rights the Government obtained through the terms required by this clause to be in any subcontract, as if all such rights had been assigned and transferred to the Contractor.

(9) To facilitate small business participation in subcontracting under this contract, the Contractor shall provide financing payments to small business concerns, in conformity with the standards for customary contract financing payments stated in Subpart 32.113. The Contractor shall not consider the need for such financing payments as a handicap or adverse factor in the award of subcontracts.

(k) Limitations on undefinitized contract actions. Notwithstanding any other progress payment provisions in this contract, progress payments may not exceed 80 percent of costs incurred on work accomplished under undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. This limitation shall apply to the costs incurred, as computed in accordance with paragraph (a) of this clause, and shall remain in effect until the contract action is definitized. Costs incurred which are subject to this limitation shall be segregated on Contractor progress payment requests and invoices from those costs eligible for higher progress payment rates. For purposes of progress payment liquidation, as described in paragraph (b) of this clause, progress payments for undefinitized contract actions shall be liquidated at 80 percent of the amount invoiced for work performed under the undefinitized contract action as long as the contract action remains undefinitized. The amount of unliquidated progress payments for undefinitized contract actions shall not exceed 80 percent of the maximum liability of the Government under the undefinitized contract action or such lower limit specified elsewhere in the contract. Separate limits may be specified for separate actions.

(l) Due date. The designated payment office will make progress payments on the _____ (Contracting Officer insert date as prescribed by agency head; if not prescribed, insert “30th”) day after the designated billing office receives a proper progress payment request. In the event that the Government requires an audit or other review of a specific progress payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date. Progress payments are considered contract financing and are not subject to the interest penalty provisions of the Prompt Payment Act.

(m) Progress payments under indefinite--delivery contracts. The Contractor shall account for and submit progress payment requests under individual orders as if the order constituted a separate contract, unless otherwise specified in this contract.

(End of clause)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

SECTION L

cingINSTRUCTIONS TO OFFERORS L.1. General Requirements.

To maximize efficiency and minimize the time for proposal evaluation, Offeror’s and their subcontractors shall submit their proposals in accordance with Section L. This solicitation will be competed using Full and Open Competition procedures in accordance with FAR Part 6.

L.1.1. Definitions: As used in this solicitation –

Day is defined as a calendar day unless otherwise specified. If the last day of a specified period falls on a Saturday, Sunday, or Federal Holiday, the period shall be deemed to end on the next Federal work day.

Major subcontractor is defined as a subcontractor performing 50%, or more, of total proposed labor hours costs.

Past performance is a measure of the degree to which the Offeror and its subcontractors satisfied its customers in previous recent and relevant contracts and complied with Federal, State, and local laws and regulations.

L.1.1.1. Amendment(s) to the Solicitation.

If this solicitation is amended, terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

TABLE 1

Vol.I Technical Capability

(1) Table of Contents (TOC)

(2) Summary Page

(3) Subfactor A: Organization Management

(4) Subfactor B: Manpower Resources and Capabilities

(5) Subfactor C: Methods and Equipment

45 Page Limit

Vol. II – Past Performance

(1) TOC

(2) Recent and Relevant Past Performance References

(3) Previous Contracting Narratives

25 Page Limit

Vol. III – Price

(1) TOC

(2) Section A: Complete Section B of the Solicitation

(3) Section B: Complete Pricing Breakdown

No Page Limit

Vol. IV – Subcontracting Plan

(1) TOC

(2) Section A: Subcontracting Plan

(3) Section B: Letters of Commitment

No Page Limit

Vol. V – Contractual Requirement

(1) TOC

(2) Section A: Cover Letter

(3) Section B: Completed Standard Form 33 (SF 33)

(4) Section C: Representations and Certifications

(5) Section D: Notification of Organizational Conflict of Interest

(6) Section E: Proof of adequate financial resources to perform this contract or ability to obtain

No Page Limit

L.1.2. Submissions.

The Offeror's proposal shall include all data and information requested by this solicitation and must be compliant with these instructions. Non-conformance with this solicitation may render the proposal ineligible for award. This solicitation will close at the exact date and time specified within the solicitation. Offerors are responsible for submitting proposals and any revisions by the time specified in this solicitation. Offerors will be unable to submit their proposals after the closing time. Submission, modification, revision, and withdrawal of proposal shall be submitted via email to Kenneth Dietz, Contract Specialist, at Kenneth.dietz@navy.mil

Individual emails shall not exceed 5MB and shall be labeled “1 of #”, “2 of #”, etc.

Any proposal, modification or revision not received by the exact time specified for receipt is late and may not be considered. Proposals may be withdrawn by written notice to the Contracting Officer, provided the written notice is received by the Contract Officer prior to contract award. Proposals and any submissions shall not contain any classified material.

L.1.2.1. Point(s) of Contact.

The Contract Specialist is the sole point of contact for this acquisition. It is the Offeror’s responsibility to bring to the attention of the Contract Specialist, at the earliest possible time, but prior to the solicitation closing date, any ambiguities, discrepancies, inconsistencies, or conflicts between the Performance Work Statement (PWS) and other solicitation documents attached hereto or incorporated by reference. The deadline for all questions is March 23, 2021 at 5:00 P.M. The Government reserves the right to not respond to any questions. Offerors are encouraged to carefully review all solicitation requirements and submit questions to the Government as early as possible. All questions shall be submitted via email to Kenneth Dietz, Contract Specialist, Kenneth.dietz@navy.mil.

L.1.2.2. Subsequent to the solicitation release, but prior to solicitation closing, Offerors shall submit their entire proposals (in English and U.S. Dollars), via email only, to the Contract Specialist at the address specified below. No other means of submission, used in whole or in combination with email, is permitted. Offerors shall submit their entire proposal to Kenneth A. Dietz, Contract Specialist, kenneth.dietz@navy.mil.

Offerors shall comply with the detailed instructions for the format and content of the proposal; proposals that do not comply with the detailed instructions for the format and content of the proposal may render the Offeror ineligible for award. To be timely, the submission must be received in its entirety in the designated e-mail inbox by the due date and time for proposal submission. An e-mail proposal that resides on a Government server, but has not appeared in the designated e-mail inbox by the due date and time for proposal submission will be considered late unless the exception at FAR 52.215-(c)(3)(ii)(A)(1) applies. The exception at FAR 52.215-1(c)(3)(ii)(A)(2) shall not apply to e-mail proposals. If submissions are submitted using multiple e-mails messages, please sequence the e-mail subject line so that the Government can easily determine whether all e-mails have been received (e.g., 1 of 5, 2 of 5, etc.).

The total size for each e-mail submission, to include attachments, should not exceed 20 megabytes.

L.1.2.3 Amendments and Modifications The Government also reserves the right to change any of the terms and conditions of the solicitation, by amendment, at any time prior to contract award, and allow Offerors to revise their offers accordingly, as authorized by FAR 52.215-1. If a solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors may submit modifications to their proposals at any time before the solicitation closing date and time. In the event of an amendment to the solicitation that requires Offerors to submit proposal modifications, the amendment will provide instructions for submittal. After the solicitation closing date and time, Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

L1.2.4. Electronic Submission. Offers shall be submitted via email to Kenneth A. Dietz, Contract Specialist, kenneth.dietz@navy.mil by the solicitation’s closing date and time in order to be considered responsive. No other electronic means of submissions, used in whole or in combination with email, is permitted. Failure to submit a complete proposal prior to the solicitation closing date and time will render the proposal late and unacceptable. It is the sole responsibility of the Offeror to ensure that the electronic media submitted is virus free and can be opened and read by the Government. If the electronic media cannot be opened and read by the Government, the offer may be ineligible for award. Offerors are responsible for submitting proposals and any revisions by the time specified in the solicitation. Any proposal (including proposal modifications and/or revisions) not received by the exact time specified for receipt of offers is late and may not be considered. The solicitation will close at the exact date and time specified in the solicitation.

All Offerors are required to submit proposals in accordance with the format and content specified herein. Proposals that do not meet the below requirements may be deemed unacceptable and may not be eligible for award.

(Instructions regarding use of certain electronic products (e.g., Microsoft Word, Excel, and Adobe) does not correspond to Government endorsement of those specified products.) The electronic proposal shall be prepared as follows:

(i) Prepared with Microsoft Word, Excel, or (searchable) Adobe Acrobat software. The signed SF-33, SF- 30 amendments, if any, and Section B - Supplies or Services and Prices, must be included in a proposal as scanned.pdf files. The electronic file submission of the Pricing Breakdown must be included in a proposal as an MS Excel file. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files).

(ii) Do not include hyperlinks to locations outside of the pertinent document (hyperlinks to places within the pertinent document (e.g., table of contents, section headings, tables and figures) are acceptable).

(iii) Electronic files must be titled/labeled as follows: Subject, Company Name, and Document Contents.

(See examples below.)

a. Example: TechnicalCapability_NNSY_SummaryPage_Vol. 1

b. Example: PastPerformance_NNSY_RecentRelevantPastPerformance_Vol. II

c. Example: Price_NNSY_TableofContents_Vol. III

d. Example: ContractorResponsibility_NNSY_SubcontractingPlan_Vol. IV

e. Example: ContractualRequirements_NNSY_CoverLetter_Vol. V

(iv) All files must be named with one of the following file extension .doc, .docx, .xls, .xlsx, or .pdf.

a. All files named with the file extension .doc or .docx shall be Microsoft Word 2010 compatible.

(v) Spreadsheet files (workbooks) provided shall include all formulas, functions, macros, computations, and equations used to compute the proposed amounts. There shall be no cell references to data or links to files not included in the submissions, as appropriate. For each workbook, all rows, columns, cells, and worksheets shall be visible. Zero height/zero width rows/columns in worksheets are not acceptable.

Worksheet cells formatted with the font color equal to the fill color are not acceptable. Print image files or pictures (for example, a picture of an Excel spreadsheet embedded in a Word document) should not be used.

a. Spreadsheets shall include all calculations in the cells (e.g. show all formulas). The Government MUST be able to determine how all rates are calculated. DO NOT hard enter data where formulas were used to calculate the entered value.

(vi) Prime /subcontractor cost summaries shall be submitted using Microsoft Excel (2010 or compatible) in the cost summary format provided as the Pricing Breakdown attachment in Section J. This submission is in addition to the Offeror loading their Section B.

(vii) Narratives related to the cost/price summary data may be provided in Microsoft Word;

L.1.2.5. Page Size and Format Every page of the proposal submissions (including the Cover Letters and TOCs) should be affixed with the following legend: “Source Selection Information – See FAR 2.101 and 3.104”.

L.1.2.5.1. The electronic proposal shall be prepared so that, if printed on white bond paper, the proposal meets the following format and other requirements:

(i) Single spaced typed lines,

(ii) 8 ½ by 11 inch page paper,

(iii) one (1) inch margins on all sides,

(iv) all pages numbered utilizing standard page numbering system to facilitate proposal references. All pages shall be numbered. Consecutive pages will be numbered within each Subfactor/Section showing Volume, Subfactor/Section, and page (e.g., page 5 of Section A of Volume I may be numbered Vol. I – Sec. A – 5),

(v) typewritten in a style type size no smaller than 12 point, Times New Roman style font,

(vi) only graphs/tables/charts as may be necessary to convey a response to the items/information requested in the solicitation. The font size for text contained in tables and illustrations shall be no smaller than 9 point Times New Roman style font,

(vii) the spreadsheets (landscape orientation) shall be formatted for printing such that all data is in a font no smaller than 9 point, Times New Roman style font, and row and column headings appear on each printed page.

(viii) all company letterheads and logos are to be removed from all paper used in the offer, and

(ix) foldouts are not permitted.

L.1.2.6. The proposal shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal shall provide convincing rationale to address how the Offeror intends to meet this requirement. Offerors shall assume the Government has no prior knowledge of their facilities or experience. Data previously submitted, if any, will not be used in the evaluation of the Offeror’s response to this solicitation. Previously submitted data shall not be included in your proposal “by reference”. The Government will base its evaluation solely on the information presented in the Offeror's proposal.

Offerors must use quantitative terms whenever possible and must avoid qualitative adjectives to the maximum extent possible. The Offeror should use flow charts and tables wherever possible in order to provide a concise presentation of their response. Cursory responses or responses that merely reiterate or paraphrase the PWS language will not be considered to satisfy the requirements of this solicitation (e.g., statements such as “shall/can comply”, "noted and understood", "in accordance with industry best practices/standards", without supporting narrative, are not acceptable). Unnecessary elaborations or other presentations beyond that sufficient to present a complete and effective proposal are not desired nor required. Extravagant artwork and expensive visual or other presentation aids are neither necessary nor desired.

An Offeror’s proposal is presumed to represent its best effort to respond to the solicitation. The Government may consider any failure to comply with these instructions to be indicative of what could be expected from an Offeror during performance and may consider it a weakness of the proposal. In accordance with FAR Subpart 4.8, Government Contract Files, and NCH 4.803, Contents of Contract Files, the Government will retain one copy of all unsuccessful proposals. The Government will destroy extra copies of such unsuccessful proposals.

L1.2.7. The Government intends to evaluate proposals and award without discussions. Accordingly, each Offeror should submit its most favorable terms. However, the Government reserves the right to conduct discussions if later determined to be necessary.

L.1.3. Responsibility Determination and Supporting Documentation.

In determining contractor responsibility in accordance with FAR 9.104-3(a) (see also NCH 9.104, Standards), the government reserves the right to request additional information pertaining to the Offerors’ ability to obtain sufficient resources for a contract of this magnitude and length.

L.2. Proposal Structure.

Proposals shall be organized into the Volumes and Subfactors/Sections, subject to established page limitations depicted in Table 1. The specified proposal format and structure that Offerors must adhere to in the solicitation is not intended to restrict the Offerors in the manner in which they will perform their work, but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes.

L.2.1. Proposals must be submitted in an electronic format as specified in Table 2. Offerors are required to submit their proposals in five (5) separate Volumes. Proposal Volumes must be consistent with its contents or the proposal may be considered unacceptable. Offerors shall label each submission with the Volume number and title (e.g., Volume I, Technical Capability). No cost and/or price information shall be included in any other Volume except Volume III, Price.

TABLE 2

Volume Volume Title Copies Structure of Contents I Technical Capability 1 See Subsection L.4.

II Past Performance 1 See Subsection L.5.

III Price 1 See Subsection L.6.

IV Subcontracting Plan 1 See Subsection L.7.

V Contractual Requirement 1 See Subsection L.8.

L.2.2. Page limits in Table 1 represent the maximum pages the Government will evaluate and are not construed as de facto standards for the amount of material expected in the proposal. Pages submitted in excess of the page limitations described above will not be evaluated. Offerors shall adhere to the proposal content and limitations as delineated. The table below represents a cross reference of the proposal content and whether the proposal content is included in the page limitations defined in this paragraph and delineated in Table 1.

TABLE 3

Section L Paragraph

Required Documentation Volume Included in Page

Limitation L.3. TOC All No (N)

L.4.1. Summary Page I Yes (Y) L.4.2 Subfactor A: Organization Management I Y L.4.3 Subfactor B: Manpower Resources and Capabilities I Y L.4.4 Subfactor C: Methods and Equipment I Y L.5.1 Recent and Relevant Past Performance II Y L.5.2 Previous Contracting Narratives II N L.6.1 Complete Section B of the Solicitation III N L.6.2 Complete Pricing Breakdown IV N L.7.1 Subcontracting Plan IV Y

L.7.2 Letters of Commitment V Y L.8.1 Cover Letter V N L.8.2 Completed Standard Form 33 (SF 33) and Amendments V N L.8.3 Notification of Organizational Conflict of Interest V N L.8.4 Proof Adequate Financial Resources V N

L.3. Table of Contents.

The TOC should provide an overview of the Volume’s contents and organization. It should allow the readers to go directly to a specific Section or Subsection of the Volume. The TOC should provide sufficient detail as to allow the important elements within the Sections and Subsections to be easily located. The TOC(s) do not count towards the page limitations delineated in Table 1. The top of each page of the TOC shall also indicate the following:

(i) Proposal Volume Number (e.g., Vol. I, Vol. II, or Vol. III).

(ii) Volume Title or Proposal Category (e.g., Technical Capability, Past Performance, or Price).

L.4. Volume I, Technical Capability It is recognized that all technical elements cannot be detailed in advance, but the proposal must be sufficient to describe the manpower and equipment the Offeror proposes to use to accomplish the effort described in Section C of the solicitation. Please note that merely submitting copies of quality assurance manuals are not an acceptable means of responding to the Technical Subfactors. Volume I, Technical Capability, is subject to page limitations described in Table 1 and Table 3. Offerors shall arrange and outline Volume I, Technical Capability, exactly as illustrated in Table 4.

TABLE 4

Table of Contents Summary Page Subfactor A: Organization Management Subfactor B: Manpower Resources and Capabilities Subfactor C: Methods and Equipment

L.4.1. Summary Page

To aid the Government’s understanding, provide an executive summary of the Offeror’s proposed technical approach and how the approach will efficiently and effectively meet the requirement.

L.4.2. Subfactor A: Organizational Management

The Offeror shall:

(i) Address its Management Plan.

(ii) Provide its Material Control Plan.

(iii) Demonstrate its Quality Control Plan.

ivReveal its ability to address Emergent Requirements.

Subfactor A: Organization Management shall be arranged and outlined exactly as in Table 4.1.

TABLE 4.1

Management Plan Material Control Plan Quality Control Plan Emergent Requirements

L.4.2.1. Management Plan

Provide a detailed management plan. Specifically address/provide the following:

(i) Provide your corporate structure and the functional relationships.

(ii) Submit a proposed plan to describe how the Offeror intends to manage and coordinate the task efforts of this contract, including planning, assigning responsibility, controlling personnel, minimizing employee turnover, controlling utilization of resources, tracking deliveries and periodically monitoring performance and obtaining feedback.

(iii) Provide a Management Plan and Organizational Chart (to include subcontractors and teaming arrangements as applicable) with a supporting narrative that clearly defines lines of authority, responsibilities, and control, as well as workload management to ensure on-time delivery.

(iv) Describe a realistic…