N4523A-15-R-0005.pdf

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X H 25 - 28 jason.r.baker1@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 28

(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.

N4523A 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 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

Bldg 844 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

JASON BAKER 360-476-4318

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 3

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

4 - 5

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 9 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 10 - 15 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 - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

16 - 18

PART II - CO NTRACT CLAUSES

PUGET SOUND NAVAL SHIPYARD CODE 400

1400 FARRAGUT

CONTRACTING CODE 440

BREMERTON WA 98314-5001

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

13 Feb 2015

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N4523A-15-R-0005

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

Maintenance and Repair of Barge YFN-

FFP

Lot

Accomplish maintenance, repair, and preservation of barge YFN11217, home ported at

Naval Base Kitsap, Everett, Washington, in accordance with Performance Work

Statement contained in Section C.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

Over and Above Work for YFN-1217

FFP

Lot

Additional repairs not specified in CLIN 0001 (e.g. within scope growth work identified during the execution of the contract), per DFARS 252.217-7028, "Over and Above Work

(DEC 1991)."

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

NOTE A - Offeror shall complete the "Price Group" and "Estimated Total Price" blocks of each data item on the

Contract Data Requirements List(s), attached hereto.

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

This entire contract is fixed price.

STATEMENT OF WORK

The Statement of Work is provided as Attachment J-2.

Section C - Descriptions and Specifications

HQ C-2-0059 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)

If, during the performance of this or any other contract, the contractor believes that any contract contains outdated or different versions of any specifications or standards, the contractor may request that all of its contracts be updated to include the current version of the applicable specification or standard. Updating shall not affect the form, fit or function of any deliverable item or increase the cost/price of the item to the Government. The contractor should submit update requests to the Procuring Contracting Officer with copies to the Administrative Contracting Officer and cognizant program office representative for approval. The contractor shall perform the contract in accordance with the existing specifications and standards until notified of approval/disapproval by the Procuring Contracting

Officer. Any approved alternate specifications or standards will be incorporated into the contract.

HQ C-2-0034 MINIMUM INSURANCE REQUIREMENTS (NAVSEA) (SEP 1990)

In accordance with the clause of this contract entitled "INSURANCE--WORK ON A GOVERNMENT

INSTALLATION" (FAR 52.228-5), the Contractor shall procure and maintain insurance, of at least the kinds and minimum amounts set forth below:

(a) Workers' Compensation and Employer's Liability coverage shall be at least $100,000, except as provided in

FAR 28.307(a).

(b) Bodily injury liability insurance coverage shall be written on the comprehensive form of policy of at least

$500,000 per occurrence.

(c) Automobile Liability policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

HQ C-2-0014 CONTRACTOR'S PROPOSAL (NAVSEA) (MAR 2001)

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with detailed obligations to which the Contractor committed itself in the Proposal in response to NAVSEA Solicitation No. N4523A-

15-R-0005.

(b) The technical volume(s) of the Contractor's proposal is incorporated by reference and hereby made subject to the provisions of the "ORDER OF PRECEDENCE" (FAR 52.215-8) clause of this contract. Under the "ORDER OF

PRECEDENCE" clause, the technical volume of the Contractor's proposal referenced herein is hereby designated as item

(f) of the clause, following "the specification" in the order of precedence.

Section D - Packaging and Marking

WARRANTY NOTIFICATION FOR ITEM(S) YFN-1217 - (NAVSEA) (NOV 1996)

The Contractor shall apply a permanent warranty notification stamping or marking on each warranted deliverable end item and its container. The notification shall be placed in close proximity to other required stamping or markings so as to be easily readable by personnel. The warranty notification shall read:

THIS ITEM WARRANTED UNDER CONTRACT N4523A-15-R-0005

TO CONFORM TO DESIGN,

MANUFACTURING, AND PERFORMANCE REQUIREMENTS

AND BE FREE FROM DEFECTS IN MATERIAL AND

WORKMANSHIP FOR YFN-1217 FROM

DATE OF ACCEPTANCE. IF ITEM IS DEFECTIVE

NOTIFY JASON BAKER by email at jason.r.baker1@navy.mil AND PCO.

Data to be delivered by Integrated Digital Environment (IDE) or other electronic media shall be as specified in the contract.

All unclassified data to be shipped shall be prepared for shipment in accordance with best commercial practice.

Classified reports, data, and documentation shall be prepared for shipment in accordance with National Industrial

Security Program Operating Manual (NISPOM), DOD 5220.22-M dated 28 February 2006.

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 Origin Government Origin Government

0002 Origin Government Origin Government

HQ E-1-0001 INSPECTION AND ACCEPTANCE OF DATA (NAVSEA) (SEP 1990)

Inspection and acceptance of all data shall be as specified on the attached Contract Data Requirements List(s), DD

Form 1423.

HQ E-2-0017 USE OF CONTRACTOR'S INSPECTION EQUIPMENT (NAVSEA) (MAY 1995)

Use of Contractor's Inspection Equipment: The contractor's gages, and measuring and testing devices shall be made available for use by the Government when required to determine conformance with contract requirements. If conditions warrant, the contractor's personnel shall be made available for operations of such devices and for verification of their accuracy and condition.

CLAUSES INCORPORATED BY REFERENCE

52.246-16 Responsibility For Supplies APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 26-JUN-2015 PUGET SOUND NAVAL SHIPYARD CODE

JASON BAKER

1400 FARRAGUT

CONTRACTING CODE 440

BREMERTON WA 98314-5001

360-476-4318

N4523A

0002 N/A N/A N/A N/A

52.242-17 Government Delay Of Work APR 1984

52.242-15 Stop-Work Order AUG 1989

Section G - Contract Administration Data

HQ G-2-0009 SUPPLEMENTAL INSTRUCTIONS REGARDING ELECTRONIC INVOICING (NAVSEA) (SEP

2012)

(a) The Contractor agrees to segregate costs incurred under this contract/task order (TO), as applicable, at the lowest level of performance, either at the technical instruction (TI), sub line item number (SLIN), or contract line item number (CLIN) level, rather than on a total contract/TO basis, and to submit invoices reflecting costs incurred at that level. Supporting documentation in Wide Area Workflow (WAWF) for invoices shall include summaries of work charged during the period covered as well as overall cumulative summaries by individual labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of other direct costs

(ODCs), materials, and travel, by TI, SLIN, or CLIN level. For other than firm fixed price subcontractors, subcontractors are also required to provide labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of ODCs, materials, and travel invoiced. Supporting documentation may be encrypted before submission to the prime contractor for WAWF invoice submittal. Subcontractors may email encryption code information directly to the Contracting Officer (CO) and Contracting Officer Representative

(COR). Should the subcontractor lack encryption capability, the subcontractor may also email detailed supporting cost information directly to the CO and COR; or other method as agreed to by the CO.

(b) Contractors submitting payment requests and receiving reports to WAWF using either Electronic Data

Interchange (EDI) or Secure File Transfer Protocol (SFTP) shall separately send an email notification to the COR and CO on the same date they submit the invoice in WAWF. No payments shall be due if the contractor does not provide the COR and CO email notification as required herein.

Enter below the address (street and number, city, county, state and zip code) of the Contractor's facility which will administer the contract if such address is different from the address shown on the SF 26 or SF 33, as applicable.

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013

252.204-0001 Line Item Specific: Single Funding SEP 2009

Section H - Special Contract Requirements

5252.247-9110 TUG AND PILOT SERVICES (SEP 1990)

The Contractor shall provide necessary tug and pilot services to move the vessel(s) from the fairway of the plant to the pier or dock, and upon completion of all work from the pier or dock, to the fairway of the plant.

5252.237-9106 SUBSTITUTION OF PERSONNEL (SEP 1990)

(a) The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed.

Accordingly, the Contractor agrees to assign to this contract those key persons whose resumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Officer in accordance with this requirement.

(b) All proposed substitutes shall have qualifications equal to or higher than the qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any proposed substitution at least forty five (45) days, or ninety (90) days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include: (1) an explanation of the circumstances necessitating the substitution; (2) a complete resume of the proposed substitute; and (3) any other information requested by the Contracting Officer to enable him/her to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

5252.223-9114 MANAGEMENT AND DISPOSAL OF HAZARDOUS WASTE (NOV 1996)

(a) GENERAL

(1) The Contractor shall comply with the Resource Conservation and Recovery Act (RCRA), the

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 10 U.S.C. 7311 and all other applicable Federal, State and local laws, codes, ordinances and regulations for the management and disposal of hazardous waste.

(2) Nothing contained in this special contract requirement shall relieve the Contractor from complying with applicable Federal, State, and local Laws, codes, ordinances, and regulations, including obtaining licenses and permits, giving notices and submitting reports, in connection with hazardous waste management and disposal in the performance of this contract. Nothing contained herein shall serve to alter either party's liability or responsibility under CERCLA.

(3) Materials contained in ship systems are not waste until after removal from the system.

(b) IDENTIFICATION OF HAZARDOUS WASTES of this contract identifies the types and amounts of hazardous wastes that are required to be removed by the Contractor, or that are expected to be generated, during the performance of work under this contract.

(c) GENERATOR IDENTIFICATION NUMBERS

(1) Documentation related to hazardous waste generated solely by the physical actions of ship's force or Navy employees on board the vessel shall only bear a generator identification number issued to the Navy pursuant to applicable law.

(2) Documentation related to hazardous waste generated solely by the physical actions of Contractor personnel shall only bear a generator identification number issued to the Contractor pursuant to applicable law. Regardless of the presence of other materials in or on the shipboard systems or structures which may have qualified a waste stream as hazardous, where the Contractor performs work on a system or structure using materials (whether or not the use of such materials was specified by the Navy) which by themselves would cause the waste from such work to be a hazardous waste, documentation related to such waste shall only bear a generator identification number issued to the

Contractor.

(3) Documentation related to hazardous waste generated by the combined physical actions of Navy and

Contractor personnel shall bear a generator identification number issued to the Contractor pursuant to applicable law and shall also cite in the remarks block a generator identification number issued to the Navy pursuant to applicable law.

(4) Notwithstanding paragraphs (c)(1) - (c)(3) above, hazardous wastes are considered to be co-generated in cases where: (a) the Contractor merely drains a system and such drainage creates hazardous waste or (b) the

Contractor performs work on a system or structure using materials which by themselves would not cause the waste from such work to be hazardous waste but such work nonetheless creates a hazardous waste. Documentation related to such co-generated waste shall bear a generator identification number in accordance with the provisions of paragraph (c)(3) above.

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

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

(7) For purposes of paragraphs (c)(2) and (3) herein, if the Contractor, while performing work at a Government facility, cannot obtain a separate generator identification number from the State in which the availability will be performed, the Contractor shall notify TBD within 3 business days of receipt of written notification by the State.

After obtaining approval, the Contractor shall use the Navy site generator identification number and insert in the remarks block the contractor generator identification number issued for the site where his main facilities are located.

For purposes of paragraph (c)(1) herein, if the work is being performed at a contractor facility and the Government cannot obtain a separate generator identification number for the State, the Government shall use the Contractor site generator identification number and shall cite in the remarks block a Navy generator identification number. In both instances described above, the Contractor shall prepare the Uniform Hazardous Waste Manifest described in paragraph (c)(6) above and present it to TBD for completion.

5252.216 9115 PAYMENTS, LIENS AND INSURANCE (FIRM-FIXED-PRICE) (FEB 1987)

(a)(1) Until such time as the physical progress of the contract as a whole is fifty percent (50%) complete, the

Government, upon submission by the Contractor, of invoices certified by the Contractor as hereinafter provided, will promptly make payments on account of the total contract price of ninety percent (90%) of an amount determined by applying to the contract price of each craft the percentage of physical progress in the performance of the contract as a whole as certified by the Contractor subject to the approval of the Supervisor; provided, that no such payment shall be made in an amount which when added to the total of all payments previously made under this requirement (other than payments made pursuant to the paragraphs (b) and (c)) exceeds one hundred percent (100%) of the allowable cost which has been certified by the Contractor on the related invoice to have been incurred by it in the performance of the contract.

(2) After the percentage of physical progress in the performance of the contract as a whole has reached fifty percent (50%), the Government, upon submission by the Contractor of invoices certified by the Contractor as hereinafter provided, will promptly make payments on account of the total contract price of one hundred percent

(100%) of an amount determined by applying to the contract price of each craft the percentage of physical progress in the performance of the contract as a whole as certified by the Contractor subject to the approval of the Supervisor, less two and one half percent (2.5%) of the contract price of each craft. However, no such payment shall be made in an amount which when added to the total of all payments previously made under this requirement (other than payments made pursuant to the paragraphs (b) and (c)) exceed one hundred seven percent (107%) of the allowable cost which has been certified by the Contractor on the related invoice to have been incurred by it in the performance of this contract.

(3) Notwithstanding subparagraph (a)(2) above, after the percentage of physical progress in the performance of the contract as a whole has reached seventy five percent (75%), the total amount of contract withholdings (as defined in subparagraph (a)(iv) below) with respect to any craft shall not exceed the amount withheld at the point at which the performance of the contract as a whole is seventy five percent (75%) complete. Therefore, after the percentage of physical progress in the performance of the contract as a whole is seventy five percent (75%), the

Government upon submission by the Contractor of invoices certified by the Contractor as hereinafter provided, will promptly make payments on account of the total contract price of one hundred percent (100%) of the amount determined by: (i) multiplying the total contract price of each craft by the percentage of physical progress in the performance of the contract as a whole as certified by the Contractor subject to the approval of the Supervisor, and

(ii) subtracting from that product the total amount of contract withholding with respect to each craft that was withheld at the point at which the total contract performance was seventy five percent (75%) complete on the basis of physical progress, provided that each craft under contract is (or has been) delivered on or before the contract delivery date, or such later date as may be set by the Contracting Officer. If each craft is not (or has not been) delivered on or before the contract delivery date, or such later date as may be set by the Contracting Officer, the requirement above in subparagraph (a)(2) shall apply in full. If the application of the requirements in subparagraph

(a)(2) above results in an amount owed to the Navy by the Contractor, collection will be deferred but no further payment will be made on any account against cost or progress until the deferred obligations are repaid.

(4) For the purposes of this requirement, any amount earned based on the percentage of a physical completion times contract price but not paid is defined as a "withholding".

(5)(A) On each of the occasions listed in (5)(C) immediately below, the Contractor shall submit a written report to the Contracting Officer containing the following information;

(i) The amount of the allowable costs which have been incurred by the Contractor in the performance of the contract as a whole; and

(ii) The percentage of physical completion achieved in the performance of the contract as a whole;

(iii) The total cost for completion of the contract work as projected by the Contractor on the basis of its incurred cost of performance and physical completion achieved;

(iv) Explanation of any variance between the presently projected cost for completion of the contract work and the projected costs for such completion as stated in the last previous report made by the

Contractor;

(v) The dollar amount of profit which the Contractor expects to earn from performance of the contract based upon the information described in (i), (ii), and (iii) above.

(B) The format of the report described in (5)(A) immediately above shall provide for cost category reporting of incurred and projected costs in accordance with the Contractor's normal accounting system and broken down into labor hours, labor dollars, material dollars and indirect dollars. The Contracting Officer may require the

Contractor to submit, or make available for examination by the Contracting Officer or his designated representative, the supporting documentation upon which the report is based.

(C) The report described in (5)(A) and (5)(B) immediately above shall be submitted by the Contractor to the Contracting Officer on each of the following occasions:

(i) together with, and as part of, the first invoice for payment submitted by the Contractor under this requirement in which the percentage of physical progress in the performance of contract as a whole is certified by the Contractor to have reached fifty percent (50%) or more; and

(ii) within ninety (90) days after the close of the Contractor's fiscal year during which the report described in (i) immediately above was rendered and within ninety (90) days after the close of each subsequent

Contractor's fiscal year; and

(iii) within thirty (30) days after written request of the Contracting Officer.

(6) "Incurred costs" are those costs identified through the use of the accrual method of accounting as supported by the records maintained by the Contractor and which are allowable in accordance with Part 31 of the Federal

Acquisition Regulation in effect on the effective date of this contract and include only:

(A) Costs for items or services purchased directly for the contract which are paid as well as incurred as shown by payment made by cash, check, or other form of actual payment; and

(B) Costs incurred, but not necessarily paid, for materials issued from the Contractor's stores inventory and placed in the production process for use on the contract, for direct labor, for direct travel, for other direct inhouse costs and for properly allocable and allowable overhead (indirect) costs, all as shown by records maintained by the Contractor for the purposes of obtaining payment under Government contracts; provided that the

Contractor is not delinquent in payment in the ordinary course of business; and

(C) With respect to costs of pension contributions, when pension contributions are paid by the

Contractor to the retirement fund less frequently than quarterly, accruals of the costs of these pension contributions shall be excluded from Contractor's incurred costs until such costs are paid. If pension contributions are paid on a quarterly or more frequent basis, accruals of such costs may be included in Contractor's incurred costs, provided that the pension contributions are paid to the retirement fund within thirty (30) days after the close of the period covered by the payment. If payments are not paid within such thirty (30) day period, pension contributions shall be excluded from the Contractor's incurred cost until payment therefor has been made.

(D) Incurred costs shall not include any costs which are required, under any provision of this contract to be reimbursed or paid by the Government to the Contractor or reimbursed or paid by the Contractor to the Government other than through an equitable adjustment in contract price.

(E) In the event that the Contractor is a small business concern, subparagraph (6)(A) above shall be superseded by the following:

Costs incurred for items or services purchased directly for the contract, provided, however, that such costs may not include any retainages unpaid or not to be paid on current invoices, provided, further, that the Contractor is not delinquent in payment of costs of contract performance in the ordinary course of business.

(7) At any time or times prior to final payment under this contract, the Contracting Officer may have invoices and statements or certifications of costs audited. Each payment theretofore made shall be subject to reduction as necessary to reflect the exclusion of amounts included in the invoices or statements or certifications of costs which are found by the Contracting Officer, on the basis of such audit, not to constitute allowable costs. Any payment may be reduced for overpayments, or increased for underpayments, on preceding invoices.

(8) Invoices may be submitted every two weeks or more frequently, as the Contracting Officer, in his sole and nonappealable discretion, determines to be warranted by expenditures of the Contractor. Invoices shall be based upon the total contract price as adjusted from time to time pursuant to the terms of the contract. The Contractor shall certify on each invoice (i) the percentage of physical progress in the performance of the contract as a whole as a decimal carried to four places and (ii) the allowable costs incurred by it in performance of the contract as a whole as of the date the invoice is submitted. No payment will be required to be made under this paragraph (a) upon invoices aggregating less than five thousand dollars ($5,000).

(b) Upon acceptance of each craft and upon the submission of properly certified invoices, the Government will pay to the Contractor the amount of withholding under paragraph (a)(2) with respect of that craft in excess of (i) one and one half percent (1-1/2%) of the contract price for such craft, constituting a final settlement reserve, and (ii) one percent (1%) of the contract price for such craft, constituting a final settlement reserve, provided however that the amount of such final settlement reserve for the entire contract shall not exceed one hundred thousand dollars

($100,000). If at any time it shall appear to the Government that the amount of the performance reserve may be insufficient to meet the cost to the Government of finishing any unfinished work under the contract for which the

Contractor is responsible or of correcting defects for which the Contractor is responsible which are discovered prior to acceptance or during the guaranty period (if the requirement "GUARANTY" is included in this contract) of any craft, the Government may, in making payments under this requirement, deduct or withhold such additional amounts as it may determine to be necessary to render such reserve adequate. Any such additional amounts deducted or withheld on account of defects which are discovered during the guaranty period of the craft shall not exceed the limit of the Contractor's liability, under the requirement entitled "LIMITATION OF CONTRACTOR'S LIABILITY

FOR CORRECTION OF DEFECTS" (if such requirement is included in this contract).

(c) Upon completion and acceptance of all work hereunder, the balance due the Contractor under this contract will be paid upon the presentation of a properly executed and duly certified invoice therefor. The Contractor and each assignee under an assignment in effect at the time of final settlement shall execute and deliver at the time of and a condition precedent to final payment, a release in form and substance satisfactory to and containing such exceptions as may be found appropriate by the Contracting Officer, discharging the Government, its officers, agents, and employees of and from all liabilities, obligations and claims arising under this contract. The Contracting Officer may, in his discretion, authorize payments on account of any such balance to be made in advance of final settlement subject to such conditions precedent as the Contracting Officer may prescribe. If this contract shall have been terminated in whole, or in part, any such release shall also contain such a release of all claims against the

Government arising out of or by virtue of such termination.

(d) Any and all payments made hereunder shall be secured when made, by lien in favor of the Government upon craft, articles, and things contracted for on account of all payments so made and on all material, equipment, and other property acquired for or allocated to the performance of this contract, except to the extent that the

Government, by virtue of any other requirements of this contract, or otherwise shall have valid title to such articles, things, materials, or other property as against other creditors of the Contractor. If such property is not identified by marking or segregation, the Government shall be deemed to have a lien upon a proportionate part of any mass of property with which such property is commingled. Any lien provided for by virtue of this paragraph is paramount to all other liens under the provisions of 10 U.S.C. sec 7521.

(e) Title to the craft under construction shall vest in the Government and title to all materials and equipment acquired for the performance of the contract shall vest in the Government upon delivery thereof to the plant of the

Contractor or other place of storage selected by the Contractor, whichever of said events shall first occur; provided however, that notwithstanding the foregoing requirements concerning title, in the event of loss, theft or destruction of or damage to any such property before acceptance by the Government, the Contractor shall bear the risk of any such loss, theft, destruction or damage.

(f) The Contractor, to the extent determined necessary and practicable by the Supervisor of Shipbuilding, shall identify by marking or segregation all property which is subject to a lien or title in favor of the Government by virtue of any requirements of this contract in such a way as to indicate that it is subject to such a lien or title and that it has been acquired for or allocated to the performance of this contract. The Contractor shall also maintain adequate accounting control over such property on its books and records which shall be subject to examination by the

Supervisor of Shipbuilding at all reasonable times to assure compliance with these requirements.

(g) The Contractor shall immediately discharge or cause to be discharged any lien or right in rem of any kind, other than in favor of the Government, which at any time exists or arises with respect to the craft, machinery, fittings, equipment, or materials for the craft. If any such lien or right in rem is not immediately discharged, the Government may discharge or cause to be discharged said lien or right in rem, at the expense of the Contractor.

(h) Until each craft has been accepted by the Department, each craft and all materials, equipment and appliances, therefor, including materials, equipment to be furnished by the Government to the Contractor for installation in the craft, shall, at the expense of the Contractor, be kept fully and duly insured by the Contractor in the name of the

United States of America and the Contractor under the form of Builder's Risk Insurance (Navy Form Syndicate)

Policy, including the rider attached to the "Free of Capture and Seizure" clause thereof where applicable. Where such insurance is not applicable the Contractor shall procure and thereafter maintain in the name of the United States of America and the Contractor until each craft has been accepted by the Department, fire and extended coverage insurance during construction and inland or ocean marine all risk cargo insurance during delivery with respect to each craft and all materials, equipment and appliances therefor, including materials and equipment to be furnished by the Government to the Contractor for installation in each craft. Where none of the foregoing is applicable during water trials the Contractor shall procure and thereafter maintain such other insurance for each craft as will cover the usual marine perils during such trials. The amount of the insurance shall not be less than aggregate of the amount paid to the Contractor under this contract by the Department plus the value of any materials, equipment and appliance furnished by the Government as determined from time to time by the Contracting Officer. Loss under the aforementioned insurance shall be payable to the Secretary of the Navy, or order, for use of the United States of

America to the extent of payment made to the Contractor under this contract plus the amount of loss of or damage to the material, equipment, and appliance furnished by the Government and for use of the Contractor to the extent of any remaining balance.

(i) All policies shall be delivered to the Administrative Contracting Officer for approval and custody. The terms of the policies, the insurance companies, and the underwriters shall at all times be satisfactory to the Contracting

Officer. Policies not in conformance herewith shall be surrendered and cancelled upon the direction of the

Contracting Officer and new policies procured in conformance herewith.

(j) In the event that the Contractor shall procure or maintain other insurance upon any materials or other property upon which a lien exists in favor of the Government or to which the Government has title pursuant to the terms of this contract, the policy or policies shall contain a loss payable clause making losses payable to the Secretary of the

Navy or as referred by the Contracting Officer. Any payments thereunder shall inure to the benefit of the

Government and to the Contractor as to any remaining balance. The requirements of this paragraph (j) shall not be deemed to require that the Contractor procure or maintain any such other insurance.

(k) The foregoing insurance requirements shall not be construed as limiting in any way the full responsibility of the Contractor for the supplies under the contract.

Section I - Contract Clauses

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

MAY 2014

52.204-13 System for Award Management Maintenance JUL 2013

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2014

52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2013

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.222-3 Convict Labor JUN 2003

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.219-14 Limitations On Subcontracting NOV 2011

52.219-8 Utilization of Small Business Concerns OCT 2014

52.204-7 System for Award Management JUL 2013

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

Improper Activity

MAY 2014

52.203-5 Covenant Against Contingent Fees MAY 2014

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-7 Insurance--Liability To Third Persons MAR 1996

52.229-3 Federal, State And Local Taxes FEB 2013

52.230-3 Disclosure And Consistency Of Cost Accounting Practices MAY 2014

52.230-6 Administration of Cost Accounting Standards JUN 2010

52.232-1 Payments APR 1984

52.232-7 Payments Under Time-And-Materials And Labor Hour

Contracts

AUG 2012

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

52.232-16 Progress Payments APR 2012

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.215-14 Integrity of Unit Prices OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2014

52.222-54 Employment Eligibility Verification AUG 2013

52.211-5 Material Requirements AUG 2000

52.204-2 Security Requirements AUG 1996

52.203-7 Anti-Kickback Procedures MAY 2014

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7000 Disclosure Of Information AUG 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2014

252.217-7028 Over And Above Work DEC 1991

252.223-7001 Hazard Warning Labels DEC 1991

252.223-7004 Drug Free Work Force SEP 1988

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7009 Restriction on Acquisition of Certain Articles Containing

Specialty Metals

OCT 2014

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7007 Limitation Of Government's Obligation APR 2014

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 DEC 2012

252.246-7003 Notification of Potential Safety Issues JUN 2013

52.222-50 Combating Trafficking in Persons FEB 2009

252.201-7000 Contracting Officer's Representative DEC 1991

52.253-1 Computer Generated Forms JAN 1991

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

DEC 2014

52.252-2 Clauses Incorporated By Reference FEB 1998

52.222-41 Service Contract Labor Standards MAY 2014

52.249-14 Excusable Delays APR 1984

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.222-37 Employment Reports on Veterans JUL 2014

52.247-12 Supervision, Labor, or Materials APR 1984

52.243-3 Changes--Time-And-Material Or Labor-Hours SEP 2000

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

AUG 2013

52.243-1 Changes--Fixed Price AUG 1987

52.242-13 Bankruptcy JUL 1995

52.222-35 Equal Opportunity for Veterans JUL 2014

52.242-4 Certification of Final Indirect Costs JAN 1997

52.242-2 Production Progress Reports APR 1991

52.222-26 Equal Opportunity MAR 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-3 Gratuities APR 1984

52.202-1 Definitions NOV 2013

Section J - List of Documents, Exhibits and Other Attachments

ATTACHMENTS

Attachment J-1: Statement of Work, YFN-1217 Covered Lighter Barge (Rev Dec 22, 2014)

Attachment J-2: Request for Clarification form (Rev 09/2014)

Section K - Representations, Certifications and Other Statements of Offerors

252.209-7002 Disclosure Of Ownership Or Control By A Foreign

Government

JUN 2010

252.204-0007 Contract-wide: Sequential ACRN Order SEP 2009

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

52.222-38 Compliance With Veterans' Employment Reporting

Requirements

SEP 2010

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

DEC 2014

52.204-3 Taxpayer Identification OCT 1998

52.222-25 Affirmative Action Compliance APR 1984

252.209-7997 (Dev) Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction under any

Federal Law - DoD Appropriations

JAN 2013

252.209-7996 (Dev) Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction under any

Federal Law - DoD Military Construction Appropriations.

JAN 2013

252.209-7995 (Dev) Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or Felony Conviction under Federal

Law- Fiscal Year 2013 Appropriations

APR 2013

252.209-7994 Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction under any

Federal Law -- Fiscal Year 2014 Appropriations (Deviation)

OCT 2013

252.209-7993 (Dev) Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction under any

Federal Law -- Fiscal Year 2014 Appropriations (Deviation)

FEB 2014

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-2 Certificate Of Independent Price Determination APR 1985

Section L - Instructions, Conditions and Notices to Bidders

PROPOSAL SUBMITTAL REQUIREMENT

1. GENERAL

a. Instructions: Offerors shall submit proposals in accordance with the following preparation instructions.

b. Packaging & Marking: Each volume is to be submitted in sealed boxes or envelopes. The outside of the package shall clearly indicate the offeror’s name, solicitation number N4523A-15-R-0005, and contents of the package. Originals may be shipped in the same boxes as the copies to eliminate excess shipping costs.

However, originals shall be separately wrapped inside the container, and be clearly labeled, as applicable, on the exterior of the packaging. At a minimum, the exterior of each box/envelope shall be marked:

SOLICITATION N4523A-15-R-0005

DELIVER UNOPENED TO JASON BAKER OR KAREN CARTER (CODE 440)

c. Place of Submission: Proposals shall be delivered to the following address:

Puget Sound Naval Shipyard & IMF, NWRMC

Attn: Jason Baker or Karen Carter

808 Burwell Street, Bldg 844, 1 st floor

Bremerton, WA 98337-5001

d. Quantities: Proposals shall be submitted in the following quantities:

Volume Title Original Copies Electronic

(CD)

I Legal Offer 1 0 1

II Technical 1 2 1

III Price

Proposal

1 1 1

e. Format and Size: Each volume shall be prepared on 8.5 x 11 paper and bound separately in three ring binders (to permit removal of sections) with each major part tabbed. All pages and paragraphs shall be numbered so that its location is traceable to the appropriate volume and page.

Text shall be at least 12-pitch type size and lines shall be double-spaced. Attachments and exhibits may be included to support the text and will be counted against the page limitation.

Offerors are warned that the Government will NOT evaluate any portion of a proposal that exceeds the page limitation specified herein. A cover letter is not required, but may be included. Each page shall be numbered by volume and page number. Each side of a piece of paper will be counted as one page toward the page limit except for the following items:

The first page of each volume, which shall be a title page containing the volume number and name, the company name of the offeror, and the offeror’s position regarding disclosure of proposal data. The next page(s) of each volume shall be a table of contents.

Any pages of a proposal volume which are used solely for the purpose of separating sections of the proposal or as tabs.

NOTE: Pages which are numbered by the offeror and designated with a marking such as “Intentionally

Left Blank” or similar marking will be counted against the page limitation.

f. Electronic Format Instructions: The electronic format shall be in a Microsoft Products version 2003 or later (Office, Excel, Word, PowerPoint, etc.). The electronic format data shall be submitted on a quality, virus scanned, virus-free CD, with an external label indicating (1) the name of the offeror, (2) the RFP number, (3) a list of files contained on the disk, and (4) the application/software versions used to generate the files.

In the event that data contained on the CD submitted is inconsistent with the paper submission, the paper submission will be considered to be the intended data. Note that a secure means for offerors to submit large electronic information, other than on CD, is currently unavailable.

g. Ship checks will be conducted at 8:00 A.M. – 11:00 P.M. PST on Wednesday, 25 February 2015 at Naval

Base Kitsap, Bremerton. Prospective offeror’s shall notify John Musante at (425) 754-3123 or email at john.musante@navy.mil at least 48-hours in advance to reserve time and submit the names of employees and subcontractors who will attend. Pre-registration is mandatory to meet security and access requirements prior to arrival at Naval Base Kitsap Bremerton.

h. Subcontract Information: All offerors are responsible for informing their prospective subcontractors of the solicitation requirements. The Government will not advise prospective subcontractors as to the requirements of their transactions with offerors, nor will the Government respond to direct inquiries from prospective subcontractors concerning clarifications of specification or solicitation requirements. ALL

SUCH REQUESTS FOR CLARIFICATION SHALL BE SUBMITTED TO THE GOVERNMENT

THROUGH THE PRIME CONTRACTOR (OFFEROR).

i. Requests for Clarification: Offerors are expected to reach a reasonable understanding of the requirements of the solicitation by careful examination and study of the schedule, the applicable statement of work, specifications, and plans, and by the application of qualified knowledge and experience.

If a correction or clarification is identified, the contractor…