N4523A-16-R-0030_Solicitation.pdf

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YRR-11 Repair and Re-designation
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N4523A-16-R-0030
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CODE

(Hour)

PAGE(S)

until local time

X

A X B X C X D

EX

X

G F 51 - 68

69 - 77 X H 78 - 80

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 80

(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 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

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

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

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 - 18

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

20 - 22

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 24 - 26 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 27 - 31 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

32 - 49

PART II - CONTRACT 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

03 Aug 2016

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N4523A-16-R-0030

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

YRR-11 Repair, Preserve & Re-designation

FFP

Job

Movement of craft from PSNS & IMF, to Contractor Facility and return upon completion of work, surface preparation and painting for complete or touch-up preservation of interior and exterior surfaces, hazardous waste control; and, remove existing YRR-11 designation markings and install new YRDM-9 markings, in accordance with work specification package NWRMC 001-17 (Attachment 1).

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

Contract Data Requirement List (CDRL)

FFP

CDRL's shall be not separately priced. The cost of any reporting requirement shall be integrated into the CLIN 0001 price.

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

HQ B-2-0004 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)

(a) As part of the negotiated fixed price or total estimated amount of this contact, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $500 or less at the time of final contract closeout. The term “residual dollar amount” shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.

(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

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

The contractor shall provide the data deliverables in support of CLIN 0001 in accordance with CDRL’s and associated DiD’s, see attachment 2. Contractor shall NOT price CDRL's seperately. But shall include the costs associated within the proposed price of CLIN 0001.

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

This entire contract is fixed price.

Section C - Descriptions and Specifications

1. SCOPE

Background. This SOW, in accordance with work specification package NRWMC 001-17 (Attachment 1), covers preservation and associated structural repair to be performed under this contract to support the YRR-11 reclassification and repair package with program planning and management for Northwest Regional Maintenance Center (NWRMC), Puget Sound Naval Shipyard & Intermediate Maintenance Facility (PSNS & IMF).

The contractor shall provide control of hazardous waste; repair and preserve fan rooms and vent plenums;

accomplish reclassification of Barge YRR-11 to YRDM-9; provide project management; and provide contractor facilities. Overall program efforts shall be accomplished at the Contractor’s facility. Delivery of vessel shall be coordinated with the Contracting Officer, via the Contracting Officer’s Representative (COR).

2. APPLICABLE DOCUMENTS

The documents listed below are not necessarily all the documents referenced herein. These standards serve as a basis for determining whether performance outcomes have been satisfactorily achieved and delivery of service is considered acceptable.

Specifications and Standards.

Naval Instructions

COMDTINST M16672.2D; Navigation Rules, International-Inland

DOD INST 5220.22M; Department of Defense Industrial Security Manual

NAVSEA S-0300-API-1-00-0; NAVSEA Standard Components List for Hull, Mechanical and Electrical Equipment

MIL-HDBK-881; Work Breakdown Structures for Defense Material Items

MIL-STD-1689; Fabrication, Welding, and Inspection of Ships Structure

SL740-AA-MAN-010 Rev 3; U.S. Navy Towing Manual

Naval Sea Systems (NAVSEA) Standard Items, FY-17 – Category 1 009-01 General Criteria; accomplish

009-03 Toxic and Hazardous Substances; control

009-04 Quality Management System; provide

009-05 Temporary Accesses; provide

009-06 Maintaining Protection and Cleanliness from Non-Radioactive Operations; accomplish

009-08 Fire Protection at Contractor's Facility; accomplish

009-10 Shipboard Asbestos-Containing Material (ACM); control

009-20 Government Property; control

009-23 Interferences; remove and install

009-24 Shipboard Authorization, Control, Isolation, Blanking, and Tagging Requirements; accomplish

009-29 Asbestos-Free Pipe Hanger Liner Material; install

009-34 Fire Protection of Unmanned Vessels at Contractor's Facility; provide

009-39 Technical Manual Contract Requirement (TMCR) for New Technical Manuals for Commercial Equipment/ Component; provide

009-61 Shipboard Use of Fluorocarbons; control

009-64 Synthetic Fire-Resistant Hydraulic Fluid; control

009-65 Polychlorinated Biphenyls (PCBs); control

009-69 Heavy Weather/Mooring Plan; provide

009-70 Confined Space Entry, Certification, Fire Prevention and Housekeeping for

Unmanned Vessels; accomplish

009-72 Physical Security at Private Contractor's Facility; accomplish

009-74 Occupational, Safety and Health Requirements; accomplish

009-77 Cofferdam Requirements; accomplish

009-79 Government Owned Material (GOM); status reporting

009-82 Data Requirements When Installing an Equal Component Vice Specified Component; provide

009-84 Accountability of Temporary Fasteners; provide

009-88 Collection, Holding and Transfer (CHT) and Mogas Tanks, Spaces, and Piping, including Sewage or Mogas-Contaminated Tanks, Spaces, and Piping; certify

009-93 Emergency Planning and Community Right-to-Know Act (EPCRA) and Pollution Prevention Act (PPA) Information; provide

009-94 General Environmental Requirements for Work at Contractor's Facility; accomplish

009-97 Shipbuilding and Ship Repair Operations National Emission Standard for Hazardous Air Pollutants (NESHAPS) for Surface Coating Information; provide

009-99 Ship Departure Report; provide

009-106 Work Authorization Form Coordinator (WAFCOR); provide

009-120 Fact Finding and Critique of Unplanned Events; manage

009-121 Ship Assessment/Inspection Requirements; provide

009-122 Temporary Padeye; install and remove

Naval Sea Systems (NAVSEA) Standard Items, FY-17 – Category 2 009-11 Insulation and Lagging Requirements; accomplish

009-12 Welding, Fabrication, and Inspection Requirements; accomplish

009-25 Structural Boundary Test; accomplish

009-32 Cleaning and Painting Requirements; accomplish

NAVSEA S9AA0-AB-GOS-010/GSO Rev 7; General Overhaul Specifications for Overhaul of Surface Ships

Drawings.

804-5773931 Rev A Insulation for Compartments Acoustic and Thermal Installation Details

501-1112062 Rev G Ventilation Hurricane & Superstructure Deck

501-1131922 Ventilation Standard High-Efficiency Filter Installation

501-6265454 Ventilation Instructions

605-1874109 Rev E Label Plate Types

S2804-860347 Rev G Hull Type Drawing Letters for Ships Name

S2804-921819 Rev C Distinguishing Figures for Miscellaneous Vessels

Industry documents.

29 CFR 1910 General Industry Standards 29 CFR 1915 Occupational Safety and Health Standards for Shipyard Employment International Organization for Standardization (ISO) 9001-2008 The Society for Protective Coatings (SSPC) Painting Manual, Volume 2 Systems and Specifications, Current Version National Association of Corrosion Engineers (NACE) Book of Standards, Current Version

3. REQUIREMENTS

General Requirements. The Contractor shall provide all management, labor, staging, containment, material, support services, and equipment necessary to perform preservation and associated structural repair for the preservation detailed in work specifications. The preservation and maintenance shall be performed on shipboard interior and exterior surfaces in accordance with Navy and industrial specifications and standards, as well as all local, regional, state, and federal laws, rules, regulations, policies, and procedures regarding safety, security, health, and environmental protection. The production schedule requirements are of utmost importance to the Navy and shall be adhered to unless deviation is authorized by the Contracting Office.

Contractor Designated Principal. The Contractor shall assign one lead employee, authorized to obligate the Contractor, to coordinate all aspects of the contract with the designated Government representative and vice versa.

a) Coordinate with the Contracting Officer’s Representative (COR) to keep the contracting officer apprised of schedule, technical, material, and financial issues pertaining to the contract.

b) Participate and coordinate in all schedule progress reviews with Government representative assigned. Attend project daily (workday) team meetings to ensure a coordinated effort in accomplishment of work.

c) The Contractor shall maintain QP-1 certification of systems and specifications that complies with the requirements of the Systems and Specifications, SSPC Painting Manual, Volume 2, Current Version.

Communications. All communication with other Government organizations / entities shall be via the Contracting Officer or designated Government representative unless otherwise authorized.

Authorized Government Representatives. The contractor shall perform work in accordance with this contract.

Should the contractor be instructed by an individual other than the Contracting Officer to perform work that it considers a change to this contract, the contractor shall not perform such work and shall immediately notify the Contracting Officer and/or Contracting Officer’s Representative (COR) in accordance with the notification of changes clause, FAR 52.243-7.

Specific Requirements. The work specification package NWRMC 001-17 (Attachment 1), in Solicitation No.

N4523A-16-R-0030 includes details of work requirements and applicable documents listed in this contract section.

Post Award Conference. Within three (3) working days of receipt of the signed contract, the Government shall advise the contractor of the date for a pre-commencement conference. This conference shall be held at least five (5) working days before the contractor’s preservation team services are scheduled to begin. The primary purpose of this conference is interaction/integration between the contractor’s team and NSA Project Team. The contractor shall be prepared to discuss the following (not necessarily in order of importance):

a) Space, onboard ship and/or pier side, needed by the contractor for staging, etc.

b) Noise and dust and grit containment / minimization

c) Abrasive media and paint receipt inspection, storage, staging, handlinG

d) Employee Safety

e) Accessibility of spaces to ship’s and shipyard personnel while those spaces are undergoing preservation effort

f) Contractor’s work schedule by space

g) Quality Assurance (QA)

h) Contractor Industrial Hygiene Program; to include worker showers / change-rooms

4. OVER AND ABOVE WORK REQUIREMENTS

In addition to the reporting requirements outlined in DFARS Clause 252.217-7028 OVER AND ABOVE WORK, and Clause RMC C-2-0009 Over and Above Work, the contractor will be responsible for providing a detailed work statement and asking price, broken out by its elements (prime contractor’s labor and materials, subcontractor labor and materials, and G&A costs), 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 associated costs will be submitted at the same time as the Condition Found Report is presented to the Government. The proposed work statement and contractor’s asking price, broken out by its elements (prime contractor’s labor and materials, subcontractor labor and materials, and G & A costs) , 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.

5. TECHNICAL CONFERENCES / REVIEW MEETINGS

Contractor and Contractor Officer’s Representatives (COR) shall meet monthly, or as required by the Government (with three working days advance notice), for the duration of the contract to review the Contractor’s performance.

Contractor personnel shall be available for informational meetings with the Contracting Officer’s Representative (COR) to discuss the direction, progress, results, and/or issues that occur during the performance of each delivery order placed under this contract.

HQ C-2-0001 CONTRACT DATA REQUIREMENTS LIST

Clin 0002 - The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form 1423, see attachment 2.

HQ C-2-0002 ACCESS TO PROPRIETARY DATA OR COMPUTER SOFTWARE (NAVSEA) (JUN 1994)

(a) Performance under this contract may require that the Contractor have access to technical data, computer software, or other sensitive data of another party who asserts that such data or software is proprietary. If access to such data or software is required or to be provided, the Contractor shall enter into a written agreement with such party prior to gaining access to such data or software. The agreement shall address, at a minimum, (1) access to, and use of, the proprietary data or software exclusively for the purposes of performance of the work required by this contract, and (2) safeguards to protect such data or software from unauthorized use or disclosure for so long as the data or software remains proprietary. In addition, the agreement shall not impose any limitation upon the Government or its employees with respect to such data or software. A copy of the executed agreement shall be provided to the Contracting Officer. The Government may unilaterally modify the contract to list those third parties with which the Contractor has agreement(s).

(b) The Contractor agrees to: (1) indoctrinate its personnel who will have access to the data or software as to the restrictions under which access is granted; (2) not disclose the data or software to another party or other Contractor personnel except as authorized by the Contracting Officer; (3) not engage in any other action, venture, or employment wherein this information will be used, other than under this contract, in any manner inconsistent with the spirit and intent of this requirement; (4) not disclose the data or software to any other party, including, but not limited to, joint venturer, affiliate, successor, or assign of the Contractor; and (5) reproduce the restrictive stamp, marking, or legend on each use of the data or software whether in whole or in part.

(c) The restrictions on use and disclosure of the data and software described above also apply to such information received from the Government through any means to which the Contractor has access in the performance of this contract that contains proprietary or other restrictive markings.

(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt by an individual, company, or Government representative not directly involved in the effort to be performed under this contract to gain access to such proprietary information. Such notification shall include the name and organization of the individual, company, or Government representative seeking access to such information.

(e) The Contractor shall include this requirement in subcontracts of any tier which involve access to information covered by paragraph (a), substituting "subcontractor" for "Contractor" where appropriate.

(f) Compliance with this requirement is a material requirement of this contract.

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-2-0007 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-2-0014 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 Proposal TBD dated TBD in response to NAVSEA Solicitation No. N4523A-16-R-0030.

(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.

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

(APR 2015)

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 SUPSHIP 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.

(c) This requirement is not intended to conflict in any way with the clauses of this contract entitled "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.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-2-0034 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-2-0044 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.

(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-2-0045 QUALIFICATION OF CONTRACTOR NONDESTRUCTIVE TESTING (NDT) PERSONNEL

(NAVSEA) (APR 2015)

(a) The Contractor and any Nondestructive Testing (NDT) subcontractor shall utilize for the performance of required NDT, only Level I, II and III personnel currently certified in accordance with NAVSEA Technical Publication T9074-AS-GIB-010/271, Revision 1 of 11 September 2014. Documentation pertaining to the qualification and certification of NDT personnel shall be made available to the Contracting Officer for review upon request.

(b) These requirements do not apply with respect to nuclear propulsion plant systems and other matters under the technical cognizance of SEA 08. Because of health and safety considerations, such matters will continue to be handled as directed by SEA 08.

HQ C-2-0051 SPECIFICATIONS AND STANDARDS (NAVSEA) (AUG 1994)

(a) Definitions.

(i) A "zero-tier reference" is a specification, standard, or drawing that is cited in the contract (including its attachments).

(ii) A "first-tier reference" is either: (1) a specification, standard, or drawing cited in a zero-tier reference, or (2) a specification cited in a first-tier drawing.

(b) Requirements.

All zero-tier and first-tier references, as defined above, are mandatory for use. All lower tier references shall be used for guidance only.

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.

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.

(c) Limitation of Government Liability.

(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'

(c) Identification of the applicable Work Item 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.

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