N4523A-15-R-0005-0001.pdf

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Attached to: YFN 1217 Barge Repair/Maintance
Solicitation number: N4523A-15-R-0005
Issued by: Department of the Navy Naval Sea Systems Command

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Attachement_3_Bidders_Questions.pdf	PDF	Mar 9, 2015
J-2__Request_for_Clarifications_form_(Rev_09-2014).pdf	PDF	Feb 13, 2015
N4523A-15-R-0005.pdf	PDF	Feb 13, 2015
Attachment_J-1_Statement_of_Work.pdf	PDF	Feb 13, 2015
YFN-1217_PWS_Draft.docx	DOCX document	Jan 21, 2015

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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 Amendment is to update Clauses and Provisions and add attachment 3 to section J.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 48

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

16C. DATE SIGNED

BY 09-Mar-2015

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 N4523A-15-R-0005

X 9B. DATED (SEE ITEM 11)

13-Feb-2015

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 is extended, X 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-2015

CODE

PUGET SOUND NAVAL SHIPYARD CODE 400

1400 FARRAGUT

CONTRACTING CODE 440

BREMERTON WA 98314-5001

N4523A 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N4523A-15-R-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been added by full text:

252.217-7027 CONTRACT DEFINITIZATION (DEC 2012)

(a) A Firm Fixed Price contract is contemplated. The Contractor agrees to begin promptly negotiating with the

Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal

Acquisition Regulation (FAR) on the date of execution of the undefinitive contract action, (2) all clauses required by law on the date of execution of the definitive contract action, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit Fixed Price proposal and certified cost or pricing data supporting its proposal.

(b) The schedule for definitizing this contract is as follows (insert target date for definitization of the contract action and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of the make-or-buy and subcontracting plans and certified cost or pricing data).

TO BE COMPLETED UPON ISSUANCE OF ANY UNDEFINITIZED CONTRACT ACTION

(c) If agreement on a definitive contract action to supersede this undefinitized contract action is not reached by the target date in paragraph (b) of this clause, or within any extension of it granted by the Contracting Officer, the

Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with subpart 15.4 and part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of

Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by--

(i) All clauses required by the FAR on the date of execution of this undefinitized contract action for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with paragraph (c)(1) of this clause, all clauses, terms, and conditions included in this undefinitized contract action shall continue in effect, except those that by their nature apply only to an undefinitized contract action.

(d) The definitive contract resulting from this undefinitive contract action will include a negotiated firm fixed price in no event to exceed amount stated at time of discovery of undefinitive actions.

(End of clause)

The following have been modified:

HQ B-2-0022 CONTRACT SUMMARY FOR PAYMENT OFFICE (FIXED PRICE) (FEB 1997)

This entire contract is fixed price.

The following have been deleted:

HQ B-2-0009 CDRL NOTE (NAVSEA) (SEP 1990) MAR 2003

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

OVER AND ABOVE WORK REQUIREMENTS (NWRMC)

In addition to the reporting requirements outlined in DFARS Clause 252.217-7028 OVER AND ABOVE WORK, and Clause RMC C-2- OVER AND ABOVE WORK, the contractor will be responsible for providing a detailed work statement and proposed price, broken out by its cost elements (prime contractor’s labor and materials, subcontractor labor and materials, all indirect costs by cost category), for each contractor initiated Condition Found

Report (CFR) (same as the –Work Request stated in the DFARS clause) that requests a change to the contract. This additional requirement applies when the contractor identifies work specification deficiencies, Government Furnished

Information deficiencies, and/or identifies additional work or material it considers necessary in order to produce a reliable or complete work item repair. See also NAVSEA 5252.217-9107 GROWTH AND NEW WORK (SEP

1990), Section H.

The work statement and the CFR will be submitted to the Government COR. In separate correspondence, the work statement, CFR, and price proposal must be submitted to the cognizant Contract Specialist. The submission shall be in such form and supported by such reasonably detailed information as the Contracting Officer may require. Costs associated with performance of the above requirements shall be incorporated into contractor’s bid price.

REQUEST FOR CLARIFICATION DUE

Request for Clarifications Due Date is 10 March, 2015 by 1600 Pacific Time.

HQ C-2-0003 ACCESS TO THE NAVY SUPPLY SYSTEM (NAVSEA) (MAR 2011)

(a) In compliance with the comparability requirement of 10 U.S.C. 7314, Public and Private Shipyards will be provided equal access to the Naval Supply System. Use by private yards is permissive, not mandatory.

(b) Pursuant to the clause of this contract entitled "GOVERNMENT SUPPLY SOURCES" (FAR 52.251-1) the

Contracting Officer hereby authorizes the Contractor to place orders with the Navy Supply System for materials and equipment or other supplies necessary to perform the required work. The Naval Supply System shall process such orders in the same manner as it would for any other Navy supply user, and the Contractor shall make payment on account of materials and equipment and other supplies ordered and/or received in accordance with the normal requirements of the Naval Supply Systems Command, but in no event shall payment in full be any later than 30 days after receipt by the Contractor of each order. The Contractor shall pay the Naval Supply System any costs for materials, equipments, or other supplies obtained including any surcharges normally charged to any other Naval

Supply System user.

(c) This job order has been priced on the basis that, except as specifically provided elsewhere in this contract with regards to Government furnished property, the Contractor shall provide all necessary materials, equipments and supplies for performance of this contract. If the Contractor uses the Naval Supply System, it has elected to use the system for its own convenience to meet its contractual obligations to perform the work under this contract. The

Naval Supply System is considered to be an alternate source or vendor of contractor furnished material; therefore materials, equipments, or other supplies ordered and/or obtained from the Naval Supply System are specifically not considered to be Government furnished material, but are considered to be contractor furnished material. The

Government makes no representation as to the availability of materials, equipments, or other supplies for the performance of the work required under this contract, nor shall unavailability, late delivery, delivery of non-conforming supplies, higher costs of the Naval Supply System (if any), or any failure of the Naval Supply System to meet the expectations or requirements of the Contractor constitute excusable delay or grounds for equitable or any other adjustment to the contract or relief from the requirement to perform in accordance with the terms of the contract.

HQ C-2-0004 ACCESS TO THE VESSEL(S) (AT) (NAVSEA) (JAN 1983)

Officers, employees and associates of other prime Contractors with the Government and their subcontractors, shall, as authorized by the Supervisor, have, at all reasonable times, admission to the plant, access to the vessel(s) where and as required, and be permitted, within the plant and on the vessel(s) required, to perform and fulfill their respective obligations to the Government. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Supervisor to be given admission to the plant and access to the vessel(s) for office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of the respective responsibilities involved, and reasonable to their performance.

HQ C-2-0005 ACCESS TO VESSELS BY NON U.S. CITIZENS (NAVSEA) (DEC 2005)

(a) No person not known to be a U.S. citizen shall be eligible for access to naval vessels, work sites and adjacent areas when said vessels are under construction, conversion, overhaul, or repair, except upon a finding by

COMNAVSEA or his designated representative that such access should be permitted in the best interest of the

United States. The Contractor shall establish procedures to comply with this requirement and NAVSEAINST

5500.3 (series) in effect on the date of this contract or agreement.

(b) If the Contractor desires to employ non U.S. citizens in the performance of work under this contract or agreement that requires access as specified in paragraph (a) of this requirement, approval must be obtained prior to access for each contract or agreement where such access is required. To request such approval for non U.S. citizens of friendly countries, the Contractor shall submit to the cognizant Contract Administration Office (CAO), an Access

Control Plan (ACP) which shall contain as a minimum, the following information:

(1) Badge or Pass oriented identification, access, and movement control system for non U.S. citizen employees with the badge or pass to be worn or displayed on outer garments at all times while on the Contractor's facilities and when performing work aboard ship.

(i) Badges must be of such design and appearance that permits easy recognition to facilitate quick and positive identification.

(ii) Access authorization and limitations for the bearer must be clearly established and in accordance with applicable security regulations and instructions.

(iii) A control system, which provides rigid accountability procedures for handling lost, damaged, forgotten or no longer required badges, must be established.

(iv) A badge or pass check must be performed at all points of entry to the Contractor's facilities or by a site supervisor for work performed on vessels outside the Contractor's plant.

(2) Contractor’s plan for ascertaining citizenship and for screening employees for security risk.

(3) Data reflecting the number, nationality, and positions held by non U.S. citizen employees, including procedures to update data as non U.S. citizen employee data changes, and pass to cognizant CAO.

(4) Contractor’s plan for ensuring subcontractor compliance with the provisions of the Contractor's ACP.

(5) These conditions and controls are intended to serve as guidelines representing the minimum requirements of an acceptable ACP. They are not meant to restrict the Contractor in any way from imposing additional controls necessary to tailor these requirements to a specific facility.

(c) To request approval for non U.S. citizens of hostile and/or communist controlled countries (listed in Department of Defense Industrial Security Manual, DOD 5220.22 M or available from cognizant CAO), Contractor shall include in the ACP the following employee data: name, place of birth, citizenship (if different from place of birth), date of entry to U.S., extenuating circumstances (if any) concerning immigration to U.S., number of years employed by

Contractor, position, and stated intent concerning U.S. citizenship. COMNAVSEA or his designated representative will make individual determinations for desirability of access for above group. Approval of ACP's for access of non-U.S. citizens of friendly countries will not be delayed for approval of non-U.S. citizens of hostile communist-controlled countries. Until approval is received, Contractor must deny access to vessels for employees who are non-

U.S. citizens of hostile and/or communist-controlled countries.

(d) The Contractor shall fully comply with approved ACPs. Noncompliance by the Contractor or subcontractor serves to cancel any authorization previously granted, in which case the Contractor shall be precluded from the continued use of non-U.S. citizens on this contract or agreement until such time as the compliance with an approved

ACP is demonstrated and upon a determination by the CAO that the Government's interests are protected. Further, the Government reserves the right to cancel previously granted authority when such cancellation is determined to be in the Government's best interest. Use of non-U.S. citizens, without an approved ACP or when a previous authorization has been canceled, will be considered a violation of security regulations. Upon confirmation by the

CAO of such violation, this contract, agreement or any job order issued under this agreement may be terminated or default in accordance with the clause entitled "DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)" (FAR

52.249-8), "DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT)" (FAR 52.249-9) or

"TERMINATION (COST REIMBURSEMENT)" (FAR 52.249-6), as applicable.

(e) Prime Contractors have full responsibility for the proper administration of the approved ACP for all work performed under this contract or agreement, regardless of the location of the vessel, and must ensure compliance by all subcontractors, technical representatives and other persons granted access to U.S. Navy vessels, adjacent areas, and work sites.

(f) In the event the Contractor does not intend to employ non-U.S. citizens in the performance of the work under this contract, but has non-U.S. citizen employees, such employees must be precluded from access to the vessel and its work site and those shops where work on the vessel's equipment is being performed. The ACP must spell out how non-U.S. citizens are excluded from access to contract work areas.

(g) The same restriction as in paragraph (g) above applies to other non-U.S. citizens who have access to the

Contractor's facilities (e.g., for accomplishing facility improvements, from foreign crewed vessels within its facility, etc.).

HQ C-2-0006 ADDITIONAL PROVISIONS RELATING TO GOVERNMENT PROPERTY (NAVSEA) (SEP 2009)

(a) For purposes of paragraph (h) of the clause entitled "GOVERNMENT PROPERTY" (FAR 52.245-1) in addition to those items of property defined in that clause as Government Property, the following shall also be included within the definition of Government Property:

(1) the vessel;

(2) the equipment on the vessel;

(3) movable stores;

(4) cargo; and

(5) other material on the vessel

(b) For purposes of paragraph (b) of the clause entitled "GOVERNMENT PROPERTY", notwithstanding any other requirement of this contract, the following shall not be considered Government Property:

(1) the vessel;

(2) the equipment on the vessel;

(3) movable stores; and

(4) other material on the vessel

HQ C-2-0007 APPROVAL BY THE GOVERNMENT (AT) (NAVSEA) (JAN 1983)

Approval by the Government as required under this contract and applicable specifications shall not relieve the

Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.

HQ C-2-0016 DEPARTMENT OF LABOR SAFETY AND HEALTH STANDARDS FOR SHIP REPAIR

(NAVSEA) (SEP 1990) (MODIFIED) (SEP 2012)

Attention of the Contractor is directed to the Occupational Safety and Health Act of 1970 (29 USC 651-678), and to the Safety and Health Regulations for Ship Repairing (29 CFR 1915), promulgated under Public Law 85-742, amending Section 41 of the Longshoremen's and Harbor Workers' Compensation Act (33 USC 941), and adopted by the Department of Labor as occupational safety or health standards under Section 6(a) of the Occupational Safety and Health Act of 1970 (See 29 CFR 1910.15). These regulations apply to all ship repair and related work, as defined in the regulations performed under this contract on the navigable waters of the United States including any dry dock and marine railway. Nothing contained in this contract shall be construed as relieving the Contractor from any obligations which it may have for compliance with the aforesaid regulations.

HQ C-2-0018 DISPOSAL OF SCRAP (NAVSEA) (JAN 2008)

(a) All Government scrap resulting from accomplishment of any job order is the property of the Contractor to be disposed as it sees fit. Scrap is defined as property that has no reasonable prospect of being sold except for the recovery value of its basic material content. The determination as to which materials are scrap and which materials are salvage, will be made, or concurred in, by the duly appointed Property Administrator for the cognizant Code 440 of Puget Sound Naval Shipyard & IMF or RMC Office.

(b) As consideration for retaining the Government's scrap, the Contractor's price for the performance of the work required herein shall be a net price reflecting the value of the Government scrap.

"PERFORMANCE" (DFARS 252.217-7010) or "GOVERNMENT PROPERTY" (FAR 52.245-1) under the Master

Contract in effect at the time of job order award, nor does it relieve the Contractor of any other requirement under such clauses.

HQ C-2-0029 HEAVY WEATHER PLAN (NAVSEA) (JUN 1999)

In order to ensure that Naval vessels and material are protected during gales, storms, hurricanes and destructive weather, the Contractor is required to have a written Heavy Weather Plan (HWP) which assigns responsibilities and prescribes actions to be taken on the approach of and during heavy weather conditions as delineated in NAVSEA

Standard Item (SI) 009-69. In accordance with SI 009-69, the Contractor shall furnish to the cognizant

Shipbuilding, Conversion and Repair, U.S. Navy, a copy of such HWP, and shall make such changes in the plan as the Supervisor considers necessary and reasonable to protect and care for vessels and machinery and equipment to be installed therein.

In the event the Supervisor directs the Contractor to implement the HWP pursuant to SI 009-69 the Contractor may submit to the Contracting Officer a request for reimbursement for costs resulting from such actions together with any documentation that the Contracting Officer may reasonably require. The Government shall reimburse the

Contractor for all reasonable, allowable and allocable costs resulting from the Contractor's implementation of the

HWP based on such Government direction.

HQ C-2-0030 INFORMATION AND DATA FURNISHED BY THE GOVERNMENT (FIXED-PRICE) (NAVSEA)

(SEP 2009)

(a) Contract Specifications. The Government will furnish, if not included as an attachment to the contract, any unique contract specifications set forth in Section C.

(b) Contract Drawings and Data. The Government will furnish contract drawings, design agent drawings, ship construction drawings, and/or other design or alteration data cited or referenced in Section C or in the contract specification as mandatory for use or for contract performance.

(c) Government Furnished Information (GFI). GFI is defined as that information essential for the installation, test, operation, and interface support of all Government Furnished Material enumerated on NAVSEA Form 4205/19 or

Schedule A, as applicable, attached to the contract. The Government shall furnish only the GFI identified on the

NAVSEA Form 4340/2 or Schedule C, as applicable, attached to the contract. The GFI furnished to the contractor need not be in any particular format. Further, the Government reserves the right to revise the listing of GFI on the

NAVSEA Form 4340/2 or Schedule C, as applicable, as follows:

(1) The Contracting Officer may at any time by written order:

(i) delete, supersede, or revise, in whole or in part, data listed or specifically referenced in NAVSEA

Form 4340/2 or Schedule C, as applicable; or

(ii) add items of data or information to NAVSEA Form 4340/2 or Schedule C, as applicable; or

(iii) establish or revise due dates for items of data or information in NAVSEA Form 4340/2 or Schedule

C, as applicable.

(2) If any action taken by the Contracting Officer pursuant to subparagraph (1) immediately above causes an increase or decrease in the costs of, or the time required for, performance of any part of the work under this contract, the contractor may be entitled to an equitable adjustment in the contract price and delivery schedule in accordance with the procedures provided for in the clause of this contract entitled "CHANGES--FIXED-PRICE"

(FAR 52.243-1).

(d) Except for the Government information and data specified by paragraphs (a), (b), and (c) above, the

Government will not be obligated to furnish the Contractor any specification, standard, drawing, technical documentation, or other publication, notwithstanding anything to the contrary in the contract specifications, the GFI listed on the NAVSEA Form 4340/2 or Schedule C, as applicable, the clause of this contract entitled

"GOVERNMENT PROPERTY" (FAR 52.245-1) or "GOVERNMENT PROPERTY INSTALLATION

OPERATION SERVICES " (FAR 52.245-2), as applicable, or any other term or condition of this contract.

(e) Referenced Documentation. The Government will not be obligated to furnish Government specifications and standards, including Navy standard and type drawings and other technical documentation, which are referenced directly or indirectly in the contract specifications set forth in Section C and which are applicable to this contract as specifications. Such referenced documentation may be obtained:

(1) From the ASSIST database via the internet at http://assist.daps.dla.mil/; or

(2) By submitting a request to the

Department of Defense Single Stock Point (DoDSSP)

Building 4, Section D

700 Robbins Avenue

Philadelphia, Pennsylvania 19111-5094

Telephone (215) 697-6396

Facsimile (215) 697-9398.

Commercial specifications and standards, which may be referenced in the contract specification or any sub-tier specification or standard, are not available from Government sources and should be obtained from the publishers.

HQ C-2-0033 LIMITATION OF LIABILITY - HIGH VALUE ITEMS (NAVSEA) (JUN 1992)

The following items are subject to the clause of this contract entitled "LIMITATION OF LIABILITY--HIGH

VALUE ITEMS" (FAR 52.246-24) Will be filled in below upon discovery.

HQ C-2-0044 PROTECTION OF THE VESSEL (NAVSEA) (SEP 1990)

(a) The Contractor shall exercise reasonable care, as agreed upon with the Supervisor, to protect the vessel from fire, and shall maintain a system of inspection over the activities of its welders, burners, riveters, painters, pipe fitters, and similar workers, and of its subcontractors, particularly where such activities are undertaken in the vicinity of the vessel's magazines, fuel oil tanks, or store rooms containing inflammable materials. All ammunition, fuel oil, motor fuels, and cleaning fluids shall have been off-loaded and the tanks cleaned, except as may be mutually agreed upon between the Contractor and the Supervisor prior to work on the vessel by the Contractor. Fire hose lines shall be maintained by the Contractor ready for immediate use on the vessel at all times while the vessel is berthed alongside the Contractor's pier or in dry dock. All tanks under alteration or repair shall be cleaned, washed, and steamed out or otherwise made safe to the extent necessary, and the Contractor shall furnish the vessel's Gas Free

Officer and the Supervisor with a "Gas Chemists' Certificate" before any hot work is done. The Contractor shall maintain a fire watch aboard the vessel in areas where the Contractor is working. All other fire watches aboard the vessel shall be the responsibility of the Government.

http://assist.daps.dla.mil/

(b) Except as otherwise provided in contractually invoked technical specifications or NAVSEA furnished directives, while the vessel is at the Contractor's plant and when the temperature becomes as low as thirty-five degrees Fahrenheit, the Contractor shall assist the Government when requested in keeping all pipe-lines, fixtures, traps, tanks, and other receptacles on the vessel drained to avoid damage from freezing, or if this is not practicable, the vessel shall be kept heated to prevent such damage. The vessel's stern tube and propeller hubs shall be protected by the Contractor from frost damage by applied heat through the use of a salamander or other proper means.

(c) The work shall, whenever practicable, be performed in such manner as not to interfere with the work performed by military personnel attached to the vessel, and provisions shall be made so that personnel assigned shall have access to the vessel at all times, it being understood that such personnel will not unduly interfere with the work of the Contractor's workmen.

(d) The Contractor shall at all times keep the site of the work on the vessel free from accumulation of waste material or rubbish caused by its employees, or the work performed by the Contractor in accordance with this contract, and at the completion of such work shall remove all rubbish from and about the site of the work, and shall leave the work in its immediate vicinity "broom clean", unless more exactly specified by the Supervisor.

HQ C-2-0048 REQUISITIONS FROM THE FEDERAL SUPPLY SYSTEM (NAVSEA) (JUL 1992)

Requisitions for Government Furnished Material from the Federal Supply System which are requisitioned by a contractor, or are to be shipped directly to a contractor, must be submitted to the following Management Control

Activity (MCA). This clause will be filled in the event GFM is needed:

MCA (Name):

Telephone:

Address:

For purposes of requisitions of Government Furnished Material from the Federal Supply System, the Contractor:

[ ] has been assigned Defense Activity Address Code (DODAAC) ;

[ ] the Naval Sea Systems Command has requested assignment of a DODAAC by the Navy Accounting and Finance Center (NAFC).

RMC C-2-0009 OVER AND ABOVE WORK (DEC 1991)

(1) The contractor is tasked with identifying needed repairs and recommending corrective action during contract performance for those deficiencies discovered which are not covered by the basic contract or subsequent contract modifications (supplemental agreements). Needed repairs and corrective action to be considered under this provision will be submitted to the Government in the form of an Inspection Deficiency Report (IDR); also known as a "Work Request" within the meaning of the clause of this contract entitled "over and Above Work" (DFARS

252.217-7028). It is anticipated that the estimated costs for these series of related changes will exceed $100,000.

Therefore, the provisions of FAR 52.243-6, Change Order Accounting, are hereby invoked.

(2) The following provisions apply to "Over and Above Work Orders":

(a) General. Orders for supplies or services may be issued by the ACO at any time during the contract period, including any extension thereof. Any amounts shown in Section B for over and above work are estimated amounts only and are subject to upward or downward adjustment by the ACO. It is understood and agreed that the Government has no obligation under this contract to issue any orders.

(b) Memorandum of Agreement (MOA). The mutually agreed to procedures discussed in paragraph (b) of the clause entitled "Over and Above Work" (DEC 1991) (DFARS 252.217.7028) are addressed in paragraph (d) below. In addition, the following shall also apply for that work authorized to proceed prior to negotiating a price:

(i) Within ten days after the Contractor receives notification to proceed with performance for which a price has not been negotiated and the Contractor has not submitted a price proposal for purposes of negotiation, the Contractor shall submit to the Government a proposal.

(ii) The Contracting Officer may grant an extension of this period if the Contractor requests it within the ten day period.

(iii) If the circumstances permit it, the Contracting Officer may accept and negotiate a price proposal at any later time prior to final payment under the job order, except that the Contractor may not receive profit on a payment under a late request.

(i) The limitation of Government liability, which shall be the maximum amount that the

Government will be obligated to pay the Contractor for performance of the order until the order is definitized, shall be that amount identified on the authorization for the contractor to proceed with performance. The Contractor is not authorized to make expenditures or incur obligations exceeding the limitation of Government liability set forth in the authorization. If such expenditures are made, or if such obligations are incurred, they will be at the Contractor's sole risk and expense. Further, the limitation of liability shall be the maximum Government liability if the order is terminated.

(ii) If at any time the Contractor believes that its expenditure under an undefinitized

Over and Above Work Order authorization will exceed the limitation of Government liability, the Contractor shall so notify the Contracting Officer, in writing, and propose an appropriate increase in the limitation of Government liability of such authorization. Within five days of such notice, the Contracting Officer will either (i) notify the

Contractor, in writing, of such an appropriate increase, or (ii) instruct the Contractor how and to what extent the work shall continue, provided however, that in no event shall the Contractor be obligated to proceed with work on an undefinitized authorization beyond the point where its costs incurred plus a reasonable profit thereon exceed the limitation of Government liability, and provided also that in no event shall the Government be obligated to pay the

Contractor any amount in excess of the limitation of Government liability specified in any such order prior to establishment of firm prices.

(d) Over and Above Work Procedures. The following administrative procedures for implementing these provisions apply.

1. The Contractor will identify needed repairs and recommend corrective action during contract performance for those deficiencies discovered which are not covered by the basic contract or subsequent contract modifications

(supplemental agreements). Needed repairs and corrective action to be considered under this provision will be submitted to the Government in the form of an Inspection Deficiency Report (IDR).

2. As a minimum, the IDR will include the following:

(a) Identify contract number;

(b) Serialized by IDR number'

(d) Description of the discrepancy not covered by the basic contract or subsequent contract modifications;

(e) Specific location of the discrepancy;

(f) Recommendation for corrective action'

(g) Estimate of the direct labor hours (to include any administrative time in direct support of the contract (i.e., allocable, overtime, double time, delay and disruption hours, etc.), subcontractor costs and material costs required to correct the discrepancy. This information is to be submitted as an attachment to the IDR.

h) If sufficient information is available, attach a detailed Change Order Price Analysis (COPA), in sufficient detail with which to negotiate a firm-fixed-price (FFP) contract modification, in lieu of estimates;

(i) Annotate the IDR, indicate whether the attached price information represents a

COPA (to be negotiated) or estimates; and

(j) Identify any related changes, if any, to the contract delivery schedule (to include internal milestone dates) located in Standard Work Item 042-01-001, Scheduling, Progressing, Material Status and

Associated Reports. If none, so state.

3. Required work will not be "split" into several IDRs to avoid any given dollar threshold (audit requirement, technical advisory report (TAR), etc.

4. To the maximum extent possible, all efforts will be made to negotiate a FFP contract modification prior to the start of work. Negotiations will be conducted in accordance with established procedures.

5. The Administrative Contracting Officer (ACO) will initial all IDR responses which authorize the Contractor to proceed with corrective action prior to the price being negotiated. In addition, the authorization will include a dollar amount which represents the limitation of Government liability. Written authorization to proceed, which includes the limitation of Government liability, must be received by the Contractor from the ACO before performance.

6. Upon receipt of an IDR response initialed by the ACO, but not negotiated, the Contractor shall diligently proceed with performance. The Contractor shall also prepare detailed COPA for submission to the ACO within ten working days. The Contractor further agrees that the total proposed price of the COPA will not exceed the estimate submitted with the IDR.

7. All work authorized and performed as a result of this tasking will be funded under their respective production

CLINs following negotiation of required work effort and issuance of formal contract modifications in Section B of the contract. No invoices will be submitted against CLIN 0002 and CLIN 0002 will not be incorporated into the

Work in Progress Report (WKP 500) for purpose of calculating percentage of work completed. The WKP 500 will always show zero (0) progress for the over and above work CLIN. Work request proposals will be negotiated and definitized by use of a Standard Form (SF) 30. Provisions of DFARS 252.217-7007, Payments (DEC 1991), will then apply for invoicing.

8. The COPA will be negotiated using established procedures. Failure to agree upon a reasonable price shall be considered a question of fact subject to the "DISPUTES" clause of the contact.

9. Following negotiation of the COPA and preparation of the contract modification (SF 30), the Government shall update the Work in Progress Report (WKP 500) to reflect actual work performed as of the negotiation settlement date.

10. The contractor shall segregate and track costs in accordance with the Change Order Accounting provisions of the contract. Any work authorized to proceed prior to reaching agreement on a negotiated price, or which is not negotiated prior to completion of performance, will be negotiated based on actual costs incurred ("booked costs" for the modification being negotiated). Actual incurred costs submitted by the Contractor will be subject to review and verification (as determined by the ACO) by the Defense Contract Audit Agency (DCAA).

11. At the end of the contract performance, and after all Over and Above Work has been definitized, a bilateral SF

30 will be prepared and executed deobligating unused funding on the CLINS.