N50054-15-R-0004-0001.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

GENERAL INSTRUCTIONS

RMC C-2-0010 NON SMOKING POLICY (SERMC) (Feb 2014) For bidding purposes, contractors are advised that in light of the Navy’s policy regarding smoke-free facilities, the entire vessel, topside and below decks, is to be considered a “No Smoking Area”.

RMC C-2-0024

CITIZENSHIP REQUIREMENTS

The contractor shall comply with the Department of Defense Industrial Security Manual (DoD 5220.22), and any revisions to that manual as of the Bid Opening Date prescribed, for verification of all U. S. Citizens.

Prospective offerors shall refer all questions pertaining to the above to Norfolk Naval Shipyard, Security Manager (NNSY Code 1123, 757-443-3872, ext 1013).

RMC C-2-0025

ADDITIONAL DEFINITIONS

Wherever the term “Job Order” is used in this solicitation/award, it also means “Contract.”

Wherever SUPERVISOR OF SHIPBUILDING, C&R, USN, SUPSHIP PORTSMOUTH, or the SUPERVISOR or NORFOLK SHIP SUPPORT ACTIVITY (NSSA) is used in this solicitation/award, all attachments and documents incorporated by reference, it also means MID-ATLANTIC REGIONAL MAINTENANCE CENTER (MARMC).

RMC C-2-0026

THREAT CONDITIONS

A Threat Condition has been set for this area. We are currently in force protection BRAVO for the Hampton Roads area. Any changes to the condition level will be provided when necessary. The parking of vehicles will be away from the immediate vicinity of the ship. When submitting a proposal for this solicitation, consider that delays will be normal for gaining access onto the installation and/or facility where the ships may be located. Any costs associated with delays, disruptions, or security precautions associated with BRAVO shall be included in your proposal. Contractors will not receive additional compensation for delays, disruptions, or security precautions associated with BRAVO. Please direct any inquiries to Norfolk Naval Shipyard Security Office, telephone (757) 443-3872 ext.2592.

RMC C-2-0027

USE/POSSESSION OF PERSONAL ELECTRONIC DEVICES (PEDS)

The possession and use of portable electronic devices (PEDs) within the confines of any naval vessel, or in the contractor's facility where equipment removed from the vessel is being worked, is strictly controlled.

PEDs include:

· mobile computing devices such as personal digital assistants (PDAs);

· hand-held or laptop computers;

· mobile telephone devices such as data-enabled cellular telephones;

· two-way pagers, including those with e-mail capability;

· analog and digital sound recorders; and

· digital cameras, including cellular phones with digital imaging capabilities.

Cellular phones with digital imaging capabilities are strictly prohibited. PEDs may not be connected to any Navy-owned or controlled network. PEDs may not be used to store or process any digital information associated with the conduct of the contract without written authorization from the Naval Supervising Activity (NSA).

RMC C-2-0029

POTENTIAL ORGANIZATIONAL CONFLICTS OF INTEREST

Offerors should be aware that the Contracting Officer potentially sees organizational conflicts of interest arising in the course of this procurement, which would need to be resolved prior to award. These organizational conflicts of interest are seen as potential because it is possible that some of the firms that may submit offers on this requirement may have had access to protected information. In this regard your attention is directed to FAR subpart 9.5, entitled " Organizational and Consultant Conflicts of Interest.”

RMC C-2-0050 ORDERING WORK

The following procedure will be used to order work. Such work may be called for by the issuance of a Task Order/Task Order modification, by the Administrative Contracting Officer (ACO), during the term of the contract.

The contractor shall not proceed with the work until a Task Order/Task Order modification is issued.

Whenever the ACO determines that it is in the interest of the government not to delay performance of the work until a price is negotiated, the ACO may specify in the Task Order that the contractor shall proceed forthwith. In every case, prior to completion of the work called for therein, the parties shall negotiate a price and delivery schedule as expeditiously as possible and modify the Task Order accordingly.

a. In negotiating the fixed price for materials, the contractor shall submit proposals or invoices for the material required. The negotiated price for materials on additional work shall be the proposal or invoice price submitted by the contractor for actual materials plus transportation charges, both subject to verification by the Government as to reasonableness. The Government will not pay any material handling charges under material ELINs. All material handling charges are included in the G&A/Material Handling ELINs.

b. In negotiating a fixed number of man hours for work, the contractor’s proposal may include quality assurance, engineering and supervision hours, in addition to trade hours required to accomplish the work as long as the hours proposed are not covered by an indirect cost pool under the contractor’s accounting system. All hours treated as indirect hours under the contractor’s accounting system, must be accounted for as a factor included in the hourly rate. The Government will not agree to pay for indirect hours in the man hour negotiations.

c. During the course of work under other contract items, the contractor shall promptly recommend to the ACO, in writing, additional work as he discovers the need for such work. Concurrently, the contractor shall quote a price and delivery time for the additional work. The ACO shall promptly review the recommendation and may, after reaching agreement with the contractor, issue a Task Order/Task Order modification. The government has no obligation under this paragraph to issue any Task Order/Task Order modification.

d. Additional work related to a Task Order need only be offered to the contractor awarded the related Task Order and need not be offered to other multiple awardees.

RMC C-2-0051

UTILIZATION OF SUBCONTRACTS AND GOVERNMENT PERMISSION PRIOR TO THEIR USE

When the contractor intends to subcontract any effort, intent of same shall be expressed to the COR during the work scope conference and made a part of the estimates (both contractor and Government estimates). Any subsequent subcontracted effort required after start of work on any assigned task shall be made known to the COR, with additional scoping effort and estimates required for the same.

Subcontract effort shall not be priced as material or considered as part of the material pool. Instead, subcontract effort shall be considered the same as prime contract effort when pricing ELINS, task orders, etc. However, estimates should distinguish between prime and subcontract effort for record keeping purposes.

RMC C-2-0052

DELAY/DISRUPTION (SERMC) (Feb 2014)

The contractor shall coordinate the work effort with the maintenance team project manager on a daily basis to prevent changing situations from causing delays and disruptions. Disruption due to minor delays is to be expected. A minor delay is defined as two hours or less. These disruptions are considered normal rather than unusual occurrences during the performance of tasks ordered under this contract.

If, during contract performance, delays greater than those indicated above are encountered, the Contractor shall immediately verbally notify the Project Manager and Contracting Officer, followed by a written statement within 24 hours after occurrence of delay, stating time of impact, reason for delay, duration of impact, number of people affected, action taken to properly schedule the work, action taken to minimize impact, and the names of Government person(s) contacted.

Life is short.

Break the rules.

Forgive quickly.

Kiss slowly.

Love Truly.

Laugh uncontrollably.

And never regret anything that made you smile.

RMC C-2-0053

REQUIRED STANDARD OF WORKMANSHIP

Unless otherwise specifically provided in this contract, the quality of all services rendered hereunder shall conform to the highest standards in the relevant profession, trade, or field of endeavor. All services shall be rendered by or supervised directly by individuals fully qualified in the relevant profession, trade, or field, and holding any licenses required by law.

RMC C-2-0054

DOCUMENTS ACCEPTABLE FOR PROOF OF U.S. CITIZENSHIP

a.

A certified birth certificate indicating the individual was born in the United States of America.

b.

A U.S. Passport.

c.

A certificate of naturalization if the individual claims citizenship by naturalization.

d.

Report of Birth Abroad of a Citizen of the United States of America (Form FS-240), a Certification of Birth (Form FS-545 or DS-1350), or a Certificate of Citizenship Parent of Parents.

e.

If primary evidence of U.S. Citizenship is not obtainable, then the best available secondary evidence, showing that the individual was born in the U.S., is required. Such evidence may include a combination of at least two of the following: a baptismal certificate; a hospital birth record; evidence of persons having personal knowledge of the facts of birth; or other documentary evidence, such as U.S. military records, early census, school or family Bible records, insurance papers, or newspaper files. The secondary evidence must be adequate to support a “good faith” determination that the individual is in fact a U.S. citizen. Secondary evidence submitted as proof of birth in the U.S. shall be original or certified documents. Non-certified copies are not acceptable.

RMC C-2-0055

RELOCATION COSTS

No relocation costs will be allowed for relocating contractor employees assigned to work under this contract.

RMC C-2-0056 WORK SCOPE CONFERENCE

The Government will provide the contractor with a written description of desired tasks. Normally, this will be provided to the contractor prior to the contractor’s opportunity to scope the task, but in limited instances may not be available until later.

The contractor shall jointly scope each work request with the designated MARMC representative to determine the appropriate mix of contract line items required to accomplish the required task. In limited instances, a scoping session will not be required.

a. Costs associated with scoping will not be reimbursed to the contractor independent of the Task Order for accomplishing the desired work. Contract pricing proposal in Section B of the solicitation should incorporate costs for scoping efforts.

b. If multiple awards are made, the scoping costs of the unsuccessful contractors will not be reimbursed by the Government.

Upon completion of the work scoping conference, the contractor shall submit a written breakdown of its estimate of the contract line items required to accomplish the task and for any undisclosed work, the hours and materials required to accomplish the task.

The Administrative Contracting Officer (ACO) will negotiate open terms of a proposed Task Order as required. If multiple awards have been made, the ACO may rely on the competition process described in Clause RMC H-2-0054 in section (H) as a tool to fix open contract terms.

Contractor shall not start work on a task until a Task Order is issued. The Task Order will stipulate the contract line items and amounts agreed to by the parties to complete the Task Order and will stipulate the required completion date.

RMC C-2-0057

CONTRACTOR’S PROPOSAL (SEP 1990)

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 response to MARMC solicitation number N50054-15-R-0004.

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 specifications" in order of precedence.

RMC C-2-0059

CONTRACTOR NON-DISCLOSURE AGREEMENT

a. To carry out the duties and functions of the U.S. Navy, certain information may need to be disclosed to contractors and subcontractors that are authorized representatives of the U.S. Navy for the purposes of performing assigned tasks under the contract. This clause covers Privacy Act protected information, confidential information, technical data, computer software or databases, procurement information, source selection information, trade secrets and other business sensitive data whether submitted by a third party contractor or generated within the Government, access to which is under the control of the U.S. Navy, specifically the Mid-Atlantic Regional Maintenance Ceneter (MARMC) and activities being serviced by the contract. This information is collectively referred to as protected information hereinafter within this clause. Disclosures covered by this Clause include, but are not limited to, granting access to computerized data bases, oral disclosures and disclosures of data recorded in writing, whether hard copy or e mail. Disclosures of protected information under this clause shall be considered authorized and not a disclosure to the public or outside the Government for the purpose. The disclosure is subject to and shall be in accordance with all conditions and limitations set forth herein.

b. The Agency hereby determines that disclosure of protected information is necessary so that the contractor may perform the work required by the Contract and is granting access to the contractor.

c. The Agency shall grant access to protected information until such time as it is no longer required for the performance of work under the Contract, the Contract is completed or terminated, or the Agency requests termination of access or DoD terminates access.

d. Intending to be legally bound, the Contractor accepts the obligations contained in this Clause in consideration of being granted access to protected information. The Contractor acknowledges that all obligations imposed by this Clause, concerning use and disclosure of protected information, apply for the duration of the contract and at all times thereafter.

e. The Contractor agrees to accept the protected information “as is” without any representation as to suitability for intended use. This disclaimer does not affect any obligation of the Government concerning data specified elsewhere in the contract to be provided.

f. The Contractor agrees that it shall use protected information only for the purpose of performing work required of the Contractor under this Contract and shall not use protected information for any commercial purposes. Access to protected information shall be limited to those employees of the Contractor that need access in order to perform work under this contract. In regards to access to information obtained by having access to a computerized data base the contractor agrees to only access portions of the data base necessary to perform work under this contract.

g. The Contractor agrees that it shall not disclose or provide access to protected information to anyone unless it has verified that the recipient has been properly authorized to receive such information, e.g., employees of the contractor or subcontractors who have signed Employee Non-Disclosure Certificates pursuant to this Agreement and employees of the U.S. Government working for components of the U.S. Navy being serviced by the contract.

h. The Contractor agrees to adopt operating procedures and physical security measures to properly safeguard such information from unauthorized use and from disclosure or release to unauthorized third parties and to provide documentation of those procedures and measures to the Agency for review.

i. The Contractor understands that its obligation of nondisclosure under this Clause shall not apply to any portion of the protected information which Contractor can demonstrate falls in the following categories:

(1) That, as of the effective date of the contract, was already known by the Contractor without obligation of confidentiality, as demonstrated by appropriate documentary evidence antedating the relationship between the Agency and contractor; or,

(2) That, as of the effective date of the Agreement, is or after the Effective Date, becomes part of the public domain through no fault of contractor of its affiliates; or,

(3) That, after the effective date of the Agreement, is independently ascertained by Contractor or developed for contractor by its employees which have not had access either directly or indirectly to the proprietary information; or,

(4) That, after the effective date of the Agreement, is required to be disclosed by administrative or judicial action, provided, however, that Contractor attempts to maintain the confidentiality of the proprietary information by asserting in such action, any applicable privileges, and immediately after receiving notice of such action notifies the Agency thereof to give the Agency the opportunity to seek legal remedies to maintain the confidentiality of the same.

j. The Contractor agrees to return to the Agency all forms of protected information which it has possession pursuant to this Clause, upon request by the Agency, when the information is no longer required for the performance of work under the Contract or upon completion or termination of the Contract, whichever comes first. If agreed to by the Contracting Officer in advance, protected information may be destroyed in lieu of being returned, as long as there is adequate substantiation of its destruction.

k. Each provision of this Clause is severable. If a court should find any provision of this agreement to be unenforceable, all other provisions of this agreement shall remain in full force and effect.

l. The Contractor shall not release to or grant access to third parties, such as subcontractors or vendors, any protected information without prior consent of the Contracting Officer. The Contractor will ensure that each subcontractor or vendor that is required to have access to protected information in order to perform its subcontract obligations will execute an agreement between the Contractor and subcontractor that is substantially similar to this clause. A copy of the subcontractor agreements will be provided to the Administrative Contracting Officer. The subcontractor agreement shall evidence the portion of the total contract being worked by that subcontractor/vendor and access to protected information shall only be granted to the degree required to perform that portion of the contract.

m. Each Employee of the Contractor or subcontractor/vendor that will need to have access to protected information in performing the contract will be required to review this clause and sign the certificate found at Attachment J15. The Contractor will provide these signed certificates to the Administrative Contracting Officer.

n. This clause should be read in conjunction with DFAR 252.227-7025 if that clause is incorporated the contract. To the extent that any provision of this clause is in conflict with DFAR 252.227-7025, the DFAR clause shall control. To the extent that this clause imposes additional obligation on the contractor, this clause shall control.

RMC C-2-0060 AWARD CONSIDERATIONS

a.

The Government anticipates making a Firm Fixed Price, Indefinite Delivery/Indefinite Quantity contract award(s) resulting from this solicitation.

b.

The Government is currently contemplating making a multiple award, but reserves the right to make single or multiple awards.

RMC C-3-0001 SPECIAL REQUIREMENTS

C-3-1 AGENCY TASK ORDER OMBUDSMAN

Concerns involving the issuance of task orders among the awardees shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgement of receipt from:

Ms. B. Dawn Darden

Task and Delivery Order Ombudsman

Mid-Atlantic Regional Maintenance Center (MARMC)

NNSY, Building 51

Portsmouth, VA 23705-0215

Telephone: (757) 396-4740

E-mail: beverly.darden@navy.mil

C-3-2 PAST PERFORMANCE

The contractor, in performing this Contract, will be subject to a past performance assessment in accordance with FAR 42.15 and the Department of the Defense Contractor Performance Assessment Reporting System (CPARS) Policy Guide in effect on the date of award and when each option year is invoked. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the Government for future source selection in accordance with FAR 15.304 when past performance is an evaluation factor for award.

RMC C-3-0002 NUCLEAR VESSELS

(a) The Contractor shall establish the necessary procedures and controls to ensure that all who are assigned to work aboard the TO BE NOTED ON INDIVIDUAL TASK ORDERS have been verbally indoctrinated on radiation boundaries and controlled areas and the signs/warnings posted identifying same. The Contractor shall ensure that all personnel assigned to work aboard the vessel will not violate the signs/warnings, and shall impose any controls necessary to meet the above requirements.

(b) The Contractor shall insert the substance of this clause in all subcontracts.

(c) The requirements of the applicable work item/ELIN/SOW TO BE NOTED ON INDIVIDUAL TASK ORDERS shall apply.

(d) 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.

(e) An ACP, which has been approved for specific Master Ship Repair Agreement (MSRA) or Agreement for Boat Repair (ABR) or Basic Ordering Agreement (BOA), is valid and applicable to all job orders awarded under that agreement.

(f) The contractor shall fully comply with approved ACPs. Noncompliance by the contractor or subcontractor serves to cancel the authorization granted previously, in which case the contractor shall be precluded from the continued use of non-US citizens on this contract or agreement until such time as determination by the CAO that the Government's interest are protected. Further, the Government reserves the right to cancel previously granted authority when such cancellation id determined to be in the Government's best interest. Use of non-US citizens, without an approved ACP or when a previous authorization has been canceled, will be considered a violation of security regulations. On confirmation by the CAO of such violation, this contract, agreement or any job order issued under this agreement may be terminated for default in accordance with the clause entitled "DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)" (FAR 52.249- 8), "DEFAULT (FIXED-RICE RESEARCH AND DEVELOPMENT)" (FAR 52.249-9)", "DEFAULT (DFARS 252.217-7009)", or "TERMINATION (COST REIMBURSEMENT" (FAR 52.249-6) as applicable.

(g) 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 US Navy vessels, adjacent areas and work sites.

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

(i) The same restriction as in paragraph (g) above applies to other non-US citizens who have access to the contractor's facility (e.g., for accomplishing facility improvements, from foreign crew vessels within its facility etc.).

SECTION E - INSPECTION AND ACCEPTANCE

The following have been modified:

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, Attachment J1.PRIVATE

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following have been modified:

SECTION J ‑ LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

a. Any contract awarded as a result of this solicitation shall consist of the following sections of this solicitation, and the documents, exhibits, and attachments described below:

Part I The Schedule (Sections A through H)

Part II Contract Clauses (Section I)

Part III List of Documents, Exhibits and other Attachments (Section J)

Part IV Representations and Instructions (Sections K through M)

Part IV of the solicitation will not be physically incorporated into the resulting contract. However, Section K, “Representations, Certifications and Other Statements of Offerors” will be retained in the contract file and acceptance of a proposal under this solicitation incorporates Section K by reference into the resultant contract (FAR 15.204-1(b)).

The following is a list of attachments to the RFP. Attachments J1 through J14 and Exhibits A-E will be incorporated into the contract along with all references listed in C.4. Attachments J15 through J17 are included for the purposes of the solicitation, but will not be incorporated into the resulting contract. Additionally, the contractor shall be responsible for the latest revisions of all references, specifications and standards in effect at time of proposal closing and at the time options are exercised or task orders issued.

(Use this attachment to type and submit bidders' questions to the following email address: MARMC_NRFK_410@navy.mil - insert solicitation number in subject line of email)

*Contractors shall complete Exhibits A-E electronically by filling out all of the boxes higlighted in yellow on all five tabs (or worksheets) of the the Microsoft Excel spreadsheet titled “ExhibitsA-E”. The sixth tab (or worksheet) named “Section B” will populate a dollar value for each year based on the values submitted for the Exhibits A-E.

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 To be determined at time of award dated To be determined at time of award in response to NAVSEA Solicitation No. N50054-15-R-0004.

(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.

(End of Summary of Changes)