NAVY_PAINT_PILOT_PROGRAM_PERFORMANCE_WORK_STATEMENT.docx.pdf

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

PAINT PROGRAM AND RELATED SUPPLIES/SERVICES

INDEX

1.0 General

1.1 Glossary of Terms Used in the Performance Work Statement

1.2 Standards Used in the Performance Work Statement

2.0 Coatings

2.1 NAVSEA Coating Systems Approved Product List

2.2 Shelf Life

2.3 Unit of Measure

2.4 Coating Compatibility

2.5 Number and DFT of Coats

2.6 QPL Requirements

2.7 Surface Preparation Standards

2.8 Colors

2.9 Product Prohibitions

2.10 Antifouling and Underwater Hull

2.11 Solvents

3.0 Personnel

3.1 Key Personnel

3.2 Substitution of Personnel

3.3 Program Office

3.4 Points of Contact

3.5 Order Confirmation

4.0 Weekly Outstanding Quarterly Business Meeting

4.1 Item Report and Meeting

4.2 Requests for Estimates

5.0 Other Engineering Services

5.1 Phase-In/Phase-Out Services

5.2 Problem Calls

5.3 Field Service Technical Representation for Availabilities

5.4 Instruments and Equipment for Field Service Technical Representatives

6.0 Management, Handling, Transportation, and Removal of Manufacturer’s Product

6.1 Return of Factory Sealed Products

6.2 Handling of Products Found Leaking, Broken, and/or at Less Than 50% Shelf Life at Time of Delivery

7.0 Packaging and Marking

7.1 Package Size for Paints/Coatings and Solvents

8.0 Product Substitutions/Technology Improvements

8.1 Product Substitutions

8.2 Substitutions of Products with Multiple Product Names

8.3 Approval for Substitution of Products

8.4 Technology Improvements

9.0 Delivery of Goods or Services

9.1 Delivery Verification

9.2 Required Time and Place of Delivery/Performance

9.3 Delivery Surcharges

9.4 Missed Delivery of Ship Store Order

10.0 Contract Administration Data

10.1 Contracting Officer’s Representative (COR) – Functions and Limitations

11.0 Special Contract Requirements

11.1 License, Permits, and Precautions

11.2 Contractor Personnel

11.3 Quality Control Standards

1.0 GENERAL

The US Navy requires paint, coatings, preservation products, and engineering/technical services for the U.S. Navy Paint

Program. The Government is Contracting not only for specific products and services, but also for the availability and delivery of these products and services within specific time constraints defined for each main port. An integral part of supplying products and services under this Contract is the engineering support the Contractor provides to ensure all ships and equipment are preserved and maintained properly. The Contractor shall provide products and services, for US Navy ships.

The Contractor shall provide products that comply with U.S. federal, state, and local volatile organic compound (VOC) limits and all other U.S. laws and regulations. Additionally, the Contractor shall ensure that all products comply with the federal, state, and local laws and regulations applicable to the port of delivery. Products manufactured outside of the

United States that are versions or equivalents of products manufactured in the United States that are not strictly in compliance with U.S. federal, state, and local volatile organic compound (VOC) limits and all other U.S. laws and regulations may not be provided. However, the Contractor shall provide U.S. manufactured products to all USS vessels that are OCONUS and Hawaii.

Supplies shall be specialized for marine applications and shall be in Exhibit A: Paint Supplies and Services Price Table, unless otherwise permitted by the Contract.

Services under the scope of this Contract include engineering support services (e.g., field service technical representative,) and technical evaluation and troubleshooting services.

1.1 Glossary of Terms Used in the Performance Work Statement

The following definitions apply to the terms used in this performance work statement:

ACQPA: Association for Certification and Qualification for Anticorrosive Paintwork

AVAILABILITY/SHIP AVAILABILITY: Any period when a vessel uses industrial support for painting and preservation work. This is predominantly accomplished at shipyards.

CONTRACT YEAR: each period of twelve (12) consecutive months during the Initial Term of this Agreement, with the first Contract Year commencing on the Effective Date, and with each subsequent Contract Year commencing on the anniversary of the Effective Date.

CLIN: Contract Line Item Number

CONUS: Within the Continental United States

DAY: A calendar day unless otherwise specified

DFT: Dry Film Thickness

DI: Data Item

GFM: Government Furnished Material

MSDS: Material Safety Data Sheets

NESHAP: National Emissions Standards on Hazardous Air Pollutants

PWS: Performance Work Statement

PRIMARY: First in importance

QPL: Qualified Products Lists - Lists of products qualified in accordance with U.S. Government specifications (e.g., QPL

23236 is a list of products qualified under Military Specification MIL-PRF-23236.)

RFE: Request for Estimate

SOLAS: Safety of Life at Sea

SRI: Summary Receipt Information

SUPERVISOR: The term “SUPERVISOR” is defined as the local Government activity responsible for the execution and contract administration of Navy maintenance and modernization work, e.g. the cognizant Regional Maintenance Center.

TPD: Technical Product Description

UHP: Ultra High Pressure

VOC: Volatile Organic Compounds

WFT: Wet Film Thickness

1.2 Standards Used in the PWS:

The following standards apply to this PWS:

ASTM: American Society of Testing and Materials - Where referenced, ASTM standards are to be used for inspection and testing of materials during application and/or failure analysis.

EPA: Environmental Protection Agency

ISO: International Standards Organization - ISO 9001 standards can be used for quality assurance for (a) product manufacturing; (b) product delivery; and (c) laboratory testing.

SAE-AMS-STD 595: Society of Automotive Engineers–Aerospace Material Specification Standard used for colors in

Government procurement

ANSI: American National Standards Institute - ANSI is one of the technical standards groups that form the ISO, which sets quality assurance standards and manufacturing standards worldwide.

NACE: National Association of Corrosion Engineers - NACE sets standards for coatings and coating operations (e.g.:

surface preparation standards), and certifies coating inspectors nationally and internationally.

NSTM: Naval Ship’s Technical Manual

SPC: Society for Protective Coatings - The SPC sets standards for surface preparation and coating operations

JTR: Joint Travel Regulations – The JTR contains Department of Defense (DoD) regulations to define the allowable per diem rates and rules regarding various travel expenses.

2.0 COATINGS

2.1 NAVSEA Approved Paint Supplies , Exhibit A.

The Contractor shall provide NAVSEA approved products for Paragraphs 2.10.1, 2.10.2, 2.10.3. NAVSEA Approved

Paint Supplies are specified in Exhibit A.

2.1.1 Contractor shall provide Batch VOC certificates with all paint deliveries for all products being delivered.

2.2 Shelf Life

All products delivered to the Government shall have, at a minimum, 50% of its shelf life at the time of delivery. The

Government may consider a shorter shelf life if the product will be consumed immediately as when supplying paint for a shipyard availability. In such instance, a waiver is required (See Paragraph 8.2) The shelf life of all products shall be provided.

2.2.1 All paint containers shall be marked clearly in English with a manufacturing date, or the Contractor shall provide the

SUPERVISOR with a key code that can be used to interpret the date of manufacture.

2.3 Unit of Measure

All orders will be in gallons regardless of the actual unit of issue. This will make all orders and invoices consist.

5-gallon can

1-gallon can

1-quart can

The Government will require all coatings, and other products in the packaging sizes listed above.

2.4 Coating Compatibility

All coatings must be compatible and have the ability to be applied over any coating on like surfaces. Tiecoats and surface preparation shall be kept to a minimum.

2.5 Number and DFT of Coats

Requirements for the number of coats and the DFT of coats are set forth in Exhibit A, Paint Supplies and Services Price

Table.

2.6 QPL Requirements

For products that are required to be on a United States (U.S.) Government QPL in accordance with a U.S. Government specification, the Contractor shall ensure that their product is on the latest version of the QPL. Also, the Contractor shall notify the SUPERVISOR if the product is removed from the QPL within five (5) working days of its removal.

2.7 Surface Preparation Standards

For any product offered, references to acceptable surface conditions, e.g. “Near White Metal” on abrasive blasted surface, shall reference industry standards such as SSPC-SP 10/NACE 2 Near White Metal Blast Cleaning. Unless no industry standard is available, the Government may approve references to in-house publications/standards.

2.8 Colors

Unless otherwise stated, the colors shall be as specified in Exhibit A, Paint Supplies and Services Price Table.

2.9 Product Prohibitions

The Contractor shall not provide any of the following products:

1) Any product with more than 0.009% lead in the dry film

2) Any product containing zinc chromate

3) Any coal tar epoxy or paint containing coal-tar derivatives

4) Any antifouling paint containing tributyltin

2.10 Antifouling and Underwater Hull

2.10.1 High Turbulence Areas:

The Contractor shall provide an underwater hull coating for high turbulence areas. High turbulence areas include the following: seachests, rudders, kort nozzles, etc.

2.10.2 Antifouling Coating Systems:

The Contractor shall provide the following:

2.10.2.1 A twelve (12) year antifouling, underwater hull and boottop coating system consisting of epoxy anticorrosive and antifouling paint that complies with MIL-PRF-24647, Type II.

2.10.2.2 Tiecoats to the above area systems, if necessary, to ensure compatibility with overcoating the system currently in place.

2.10.3 Underwater Hull and Marking Paint:

The Contractor shall provide coatings that are suitable for use as hull and boottop marking on the ablative antifoulant paints. The colors shall be as specified in Exhibit A, Paint Supplies and Services Price Table.

2.11 Solvents

The addition of solvents to NAVSEA Approved Coatings is not allowed and shall not be done.

3.0 PERSONNEL

3.1 Key Personnel

The following positions are considered as key personnel:

Field Service Technical Representatives

3.1.1 Key Personnel Minimum Qualifications (Exhibit A, A-002):

The Contractor shall provide Field Service Technical Representatives., Resumes for personnel in these positions shall be delivered in accordance with CDRL A001, Key Personnel and Other Personnel Resumes.

3.1.1.1 Field Service Technical Representative:

The Field Service Technical Representative shall be capable of providing the services specified in Paragraph 5.3. The

Contractor shall provide a minimum of one (1), with the ability to surge to two (2), Field Service Technical

Representatives, each of whom shall have a minimum of four (4) years prior experience in the marine coatings applications field, either:

a) In a shipyard paint shop, OR

b) In a marine paint application company normally Contracted for ship coating work, OR

c) As a technical representative for a marine paint manufacturer.

AND

d) Additional Certification Requirements: Field Service Technical Representatives shall be NACE Level III (Peer

Review) Certificated Coating Inspectors in accordance with NACE International Coating Inspector Training and

Certification Program, or shall be certified as an SSPC Protective Coating Inspector (PCI) Level 3.

3.2 Substitution of Personnel

3.2.1 Key Personnel Substitution:

Key personnel may not be substituted without express approval of the SUPERVISOR, in accordance with Paragraph 3.2.1.3 below. Resumes shall be provided when a substitution of personnel is required.

3.2.1.1 General Provision:

The Contractor agrees to assign to this Contract those persons identified as key personnel whose resumes were submitted with this proposal and who are necessary to fulfill the requirements of this Contract. No substitutions of key personnel shall be made except in accordance with this contract.

3.2.1.2 Guidance on Substitutions:

During the first ninety (90) days of the Contract performance period no personnel substitutions by the Contractor will be made unless substitutions are necessitated by an individual's sudden illness, death, or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required by Paragraph 3.2.1.3 below. After the initial ninety (90) day period, all proposed substitutions must be submitted, in writing, at least 10 days in advance of the proposed substitutions to the Contracting Officer and provide information required by Paragraph 3.2.1.3 below.

3.2.1.3 Request for Substitution:

All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information-requested by the Contracting Officer.

All proposed substitutes must have qualifications equal to or higher than the qualifications of the person to be replaced. The Contracting Officer or his/her authorized representative will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof.

3.2.1.4 Key Personnel Definition:

The following positions are considered as key personnel:

Field Service Technical Representative

4.0 Quarterly Business Meeting

Quarterly Business Meetings will be scheduled approximately every three (3) months during the period of performance of the Contract at a location and time agreed to by CNRMC and the Contractor. The Quarterly Business Meeting shall facilitate a review of all data and reports generated over the past quarter. The Contractor shall record and distribute

Meeting Minutes per Exhibit B, CDRL A-002.

4.1 Program Office

The Contractor shall set up a delivery requirement status tracking system.

4.2 Points of Contact:

The Contractor shall provide a contact list for the Field Service Technical Representatives, and this contact list shall include their phone number, cell phone number, fax number, and email address.

4.3. Order Confirmation:

The Contractor shall provide email confirmation of the receipt of each order issued by the Government. This notification shall be provided to the SUPERVISOR no later than close of business on the business day the Contractor received the order or by close of business on the business day immediately following a holiday or weekend. Any product that is available with less than a 50% original shelf life will require a waiver submitted by email to the SUPERVISOR and approved by the

SUPERVISOR prior to delivery of the product.

4.4 Weekly Outstanding Item Report (Exhibit B, CDRL A-005)

The Contractor shall provide a weekly outstanding item report with actual final delivery date for each line item on contract, and the period of performance of the Field Service Representatives. If there are multiple shipments for one-line item, they shall be recorded as quantity delivered and the date (e.g. 10 gallons/ [7/4/20]; 15 gallons/ [7/7/20] to account for total 25 gallons). The report will also identify all the outstanding line items on contract that have not been delivered and current updated status for final delivery completion. Upon final delivery completion, the current updated status will reflect

"FINAL DELIVERY COMPLETE" on the next Weekly Outstanding Item Report. On the following Weekly Outstanding

Item Report, these items will be removed in their entirety. Any line item on contract that has appeared on subsequent

Weekly Outstanding Item Reports for a period of ninety (90) days will be canceled and re-ordered based on vessel's current requirements. The Weekly Outstanding Item Report will be discussed during a weekly contract telecon meeting which will be attended by, at a minimum, COR or ALT COR/Contract Customer Service Rep(s) and the Program Manager or

Technical Manager.

4.5 Requests for Estimates (RFE)

When requested, the Contractor shall provide an estimate of the amount of coatings needed for a shipyard/industrial availability, as detailed in Paragraph 11.1.

The Contractor shall record the initial estimates and revise with final amount required after completion of the shipyard/industrial availability. This shall be recorded in a database (Microsoft Excel) and continuously updated for each ship. The required data shall be discussed with the SUPERVISOR to ensure all applicable information is captured. The

Contractor shall provide the SUPERVISOR with the data on a quarterly basis.

5.0 OTHER ENGINEERING SERVICES

5.1 Phase-In/Phase out Services

5.1.1 Phase-In:

The Contractor can expect to begin receiving full-production scale orders for delivery of all products and services immediately. There is no gradual production/delivery ramp-up period associated with this Contract.

At Availability Start Date minus 15 days (A-15), the Contractor and CNRMC shall schedule and attend a meeting among the cognizant personnel at CNRMC, RMC, OEM Technical Representative and the Lead Maintenance Activity (LMA).

The Contractor shall participate in a minimum of two (2) one-day meetings at CNRMC Headquarters in Norfolk, VA in connection with discussion on all aspects of the Contract. The Price Table cost for phase-in services shall include all expenses (e.g., travel, labor, per diem) associated with the phase-in services, including travel to Norfolk, VA for meetings.

Meetings will be documented by the Contractor per (Exhibit B, A-002).

The Contractor shall develop final report formats for the following CDRLS within Exhibit B:

1. Quarterly Report of RFEs A-003

2. Final Availability Report A-004

Phase-In/Phase-Out Services Deliverables

A Number DI Title Initial Submittal Date

A-002 Meeting Minutes 5 Business Days after Meeting

N/A Phase–In Meeting Availability Start Date minus 15 days (A-15)

A-004 Final Report Formats Per the CDRL schedule

5.2 Problem Calls

5.2.1 Travel and Subsistence:

5.2.1.1 For ports listed in Attachment 1, Navy Support Requirements, travel costs for initial and periodic service calls will be paid at the fixed price quoted.

5.2.1.2 The Contracting Officer will notify the Contractor regarding any travel for work required outside a 50-mile radius of those locations indicated in Attachment 1, Navy Product Support Requirements, and request an estimate for travel cost for funding purposes. The Contractor shall not proceed with such travel unless authorized by the Contracting

Officer. Travel and subsistence costs shall be reimbursed to the Contractor in accordance with the JTR as discussed below. The Contractor should ensure that cost estimates for travel will be reasonably sufficient to cover actual travel costs.

5.2.1.3 JTR travel will be reimbursed for actual expenses; no additional overhead, G&A, fees, or handling charges shall be included. The Contractor shall not exceed the allowable Government personnel rates for per diem. Reimbursement for airfare shall not exceed the lowest customary standard, coach, or equivalent airfare offered. The Contractor will not be reimbursed for travel expenses unless audited records for transportation contain evidence, such as original receipts, substantiating actual expenses incurred for travel. In no event will reimbursement exceed the published rates of common carriers. Expenses for lodging, meals, and incidental expenses shall be reimbursed to the

Contractor, provided that an overnight stay was documented as necessary. Actual expenses shall be considered reasonable, allowable, and reimbursable only to the extent that they do not exceed on a daily basis the maximum per diem rate in effect at the time of travel as set forth in the JTR.

5.2.1.4 Limits of Travel Reimbursement: The Contractor shall be reimbursed for its actual costs when applicable, not to exceed the limits set forth in the JTR. Reimbursement will not be made for travel performed for the convenience of the Contractor. Per diem shall be payable only when the Contractor’s personnel are required to be away from the

Contractor’s facilities or the employee’s home overnight. Each modification for a contractor that requires travel will include a not-to-exceed funding limitation for travel costs. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on the contract. The Government is not obligated to reimburse the Contractor for otherwise reimbursable travel in excess of the funded amount stated on the contract. When the Contractor expects funding expended for reimbursable travel to exceed the limitation per the contract, the Contractor shall notify the Contracting Officer and the COR immediately. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the contract. The Contractor is not obligated to continue performance of any reimbursable work under this Contract or otherwise incur costs for reimbursable travel in excess of the funded amount stated in the contract unless the Contracting Officer notifies the Contractor in writing that the funded amount stated in the contract has been increased. In the event notification is made orally, such notification shall be followed up in writing by the Contracting Officer within two business days. No notice, communication, or representation from any person other than the Contracting Officer shall affect the Government’s obligation to reimburse the Contractor. Change orders shall not be considered an authorization to exceed the funded amount stated in the contract unless they contain a statement expressly increasing the funded amount of the contract by a sufficient amount to cover the change order.

5.2.1.5 Limits of Per Diem Reimbursement: Overseas travel costs and per diem shall be reimbursed only if the following condition exists:

a. If the Government issues a contract modification requiring that a service call be conducted overseas.

5.2.1.6 Travel Costs for Service Call Cancellation: In the event the Government cancels a service call request, the

Government will adjudicate any non-refundable expenses the Contractor reasonably incurred through the ODC provisions.

5.2.1.7 Multiple Vessel Visit and Travel: A Contractor visiting multiple vessels at the same site shall only be entitled to one travel day with per diem covering the other vessels if greater than one day.

5.2.2 Problem Calls:

The Contractor shall provide technical evaluation and troubleshooting services concerning analysis of paint-related problems. These services could be anything from general marine paint practices to specific analysis. The Contractor shall respond to problem service calls within twenty-four (24) hours when notified during working hours /business day and within thirty-six (36) hours when notified during non-working hours/business day. The Contractor will provide an

Engineering Service Report (that describes the issue and provides technical evaluation and recommendations.

All engineering services ordered for a Problem Call will be by a written contract modification describing services to be performed, deliverables required, and the maximum number of hours under the order. Commuting time to required destination shall not be included. Payment for travel will be in accordance with JTR.

5.3 Field Service Technical Representatives for Availabilities

5.3.1 Location/Support Requirements/Workload:

Vessels requiring products and services under the scope of this Contract are US Navy ships. Typical availability locations are identified in Attachment 1, Navy Support Requirements, Table 2. Availability periods are typically 110 to 250 days, and representative shall be available to support for the duration of the underwater preservation process.

In support of this Contract, the Contractor shall have a minimum of one (1) representatives with the ability to surge to two (2) representatives available to travel to Norfolk, VA.

5.3.2 Reimbursement:

Technical support for availabilities, including travel and per diem, will be payable at the fixed price per person daily rate under the item in Exhibit A. The Contractor’s Field Service Technical Representative’s Daily Paint Progress

Report (Exhibit B, A-004.01) shall be used to determine the number of reimbursable workdays.

5.3.3 Technical Services for Availabilities:

The Contractor shall provide a Field Service Technical Representative for full time on-site support to SUPERVISOR, e.g. Program Manager, in availability periods when painting critical areas like the underwater hull. Critical areas are defined in NAVSEA Standard Item 009-32. Field Service Technical Representatives will monitor paint application efforts and advise the SUPERVISOR accordingly, regardless of the manufacture type of paint being applied. The

Field Service Technical Representative shall:

5.3.3.1 Be present on-site full-time, and at all times when the Industrial Facility is performing paint-related work (from initial surface cleaning and preparation to final curing and final acceptance inspection) per the direction of the

SUPERVISOR.

5.3.3.2 Monitor and document in the Daily Paint Progress Report (Exhibit B, A-004.01) all aspects of the Industrial

Facilities’ application efforts (including surface preparation, weather conditions, application techniques, etc.) to ensure that the work is being performed in accordance with the work specifications and the manufacturer’s published technical data. The Daily Paint Progress Reports shall be detailed to describe any specific deficiencies or issues that is not per the approved method of prepping and applying the specific paints. Both the

SUPERVISOR and the Field Service Technical Representative shall sign the Daily Paint Progress Reports daily.

5.3.3.3 Provide a Hull Condition Report (Exhibit B, A-004.02) which includes initial and final assessment of the hull's condition regarding fouling, coatings, and corrosion. Copies of this report shall be turned in to the SUPERVISOR.

5.3.3.4 Provide verbal notice immediately to the SUPERVISOR and COR of any deficiencies that would void the

General Warranty or cause significant problems. In addition, the Contractor shall provide written notice per FAR

52.212-4 ADDENDUM Paragraph (C)(3) within twenty-four (24) hours of the occurrence. The Daily Paint

Progress Report (Exhibit B, A-004.01) and the Summary Exception Report (Exhibit B, A-004.05) shall document the deficiency. In the event the SUPERVISOR does not follow the Contractor’s advice when critical areas have not been adequately protected according to the work specifications and the manufacturer’s published technical data, the Contractor shall notify the COR, contact the Engineering Director RMC and document in the Daily Paint

Progress Report.

5.3.3.5 Verbally advise the SUPERVISOR and document in the Daily Paint Progress Report (Exhibit B, A-004.01) any areas not adequately protected from the effects of surface preparation and painting. The Daily Paint Progress

Reports shall be detailed to describe any specific deficiencies or issues that is not per the approved method of prepping and applying the specific paints.

5.3.3.6 Maintain daily inventory records regarding all paints delivered to the Industrial Facility and applied by the industrial facility or their subcontractors. In addition, the Contractor shall document this information in the Daily

Paint Progress Report (Exhibit B, A-004.01).

5.3.3.7 Perform inventories of coatings and coating-related products as requested by the SUPERVISOR.

5.3.3.8 Review shipyard production schedules for paint-related work specifications as requested by the SUPERVISOR.

Report to SUPERVISOR and document in the Daily Paint Progress Report (Exhibit B, A-004.01) the potential for insufficient paint quantities. Insufficient paint quantities should be identified a minimum of ten (10) calendar days prior to the anticipated date by which the additional products may be needed based on the Industrial Facilities’ production schedule.

5.3.3.9 Inspect the surface preparation [submit the Surface Preparation Report per Exhibit B, A-004.03] and application

[submit Application Data Summary Report per Exhibit B, A-004.04] of each coat of paint applied to assure the work is being done in accordance with the specification and the manufacturer’s published data.

5.3.3.10 Take and record readings daily in the Daily Paint Progress Report (Exhibit B, A-004.01) or as often as necessary to ensure compliance. Readings shall include ambient temperature, substrate surface temperature, dew point temperature, relative humidity, surface profile, paint application and consumption (product, quantities, batch number(s) and color), wet film thickness, paint ratio for spray, and DFT of each coat (two readings per 10 square meters).

5.3.3.11 Report all inspections to the SUPERVISOR and enter them in the Daily Paint Progress Report (Exhibit B, 004.01).

5.3.3.12 Report and document in the Daily Paint Progress Report (Exhibit B, A-004.01) instances when an exterior spray loss exceeds 40% and when unnecessary paint waste occurs (example: residual paint in near empty cans is not conserved).

5.3.3.13 The reasons for high spray loss and unnecessary paint waste and any conversations with the SUPERVISOR and shipyard personnel relating to this topic shall be documented in the Daily Paint Progress Report (Exhibit B, A-

004.01) and the Summary Exception Report (Exhibit B, A-004.05).

5.3.3.14 At a minimum, photographs (Exhibit B, A-004.06) shall be taken while;

(a) the ship is on drydock

(b) before high pressure water washing

(c) after high pressure water washing

(d) after surface preparation

(e) after the painting is completed

Where unusual circumstances or serious deficiencies warrant, the Field Service Technical Representative shall additionally document the problems by taking photographs. Photographs may also be taken of any other significant areas at the discretion of the SUPERVISOR. All photographs are the property of the U.S. Navy and shall be marked as such and may not be distributed or retained without explicit permission of the U.S. Navy.

5.3.3.15 The Field Service Technical Representative shall perform coating condition surveys (i.e., Topside and

Superstructure, Tanks and Voids, Underwater Hull and Boottop, Deck Machinery, etc.) as directed by the

SUPERVISOR. All coating surveys and the resulting reports shall be conducted and prepared in accordance with

ASTM F 1130-99 (2014) STANDARD PRACTICE FOR INSPECTING THE COATING SYSTEM OF A SHIP.

Recommendations for maintenance, repair, and photographs of representative problem areas shall be included as part of the report. Reports shall be submitted in accordance with the Coating Inspection Report (Exhibit B, A-

004.07).

5.3.3.16 Within twenty-four (24) hours of completion of the painting job, the Field Service Technical Representative shall inventory all remaining unopened quantities of paints, solvents, and other products not used by the Industrial

Facility or assigned aboard ship and prepare and submit a Final Job Inventory Report (Exhibit B, A-004.08), which accounts for all quantities used and unused/unopened on the job. Both the SUPERVISOR and the Field

Service Technical Representative shall sign the Final Job Inventory Report. This report will be used by the

Government to establish the final, total quantities of paints and solvents consumed and returned through the end of the job as per Paragraph 6.1. The report will also be used to verify invoices. The Field Service Technical

Representative shall also make shipping arrangements for the removal of the unused/unopened paint, solvent, and other products within twenty-four (24) hours of completion of the inventory. The Final Job Inventory Report shall reflect the date of the paint removal from the Industrial Facility. When the Contractor receives the returned products and finds variations from the Final Job Inventory Report, they shall notify the COR for resolution.

5.3.3.17 The Field Service Technical Representative supporting a drydocking availability shall provide the SUPERVISOR a certificate certifying the paint used for the underwater hull systems are in compliance with the International

Maritime Organization (IMO) Antifouling Systems Convention of 2001 (Exhibit B, A004.09).

5.3.3.18 The Field Service Technical Representative shall submit the Final Availability Report (Exhibit B, A004). The

Final Availability Report is a compilation of daily, summary, and individual reports on specific aspects of the job.

The Contractor shall provide the Final Availability Report and individual reports in accordance with the requirements listed in Exhibit B A004 and in the order provided below:

a. Summary Exception Reports A-004.05)

b. Surface Preparation Report (A-004.03)

c. Application Data Summary Report (A-004.04)

d. Hull Condition Report (A-004.02)

e. Photographs (A-004.06)

f. Final Job Inventory Report (A-004.08)

g. Coating Inspection Report (A-004.07)

h. IMO Antifouling Paint Certificate A-004.09)

i. Daily Paint Progress Report (A-004.01)

5.4 Instruments and Equipment for Field Service Technical Representatives

The Field Service Technical Representative shall be responsible for any and all instruments and equipment necessary to complete any job that may occur. Typical instruments and equipment needed to support this Contract include:

1. Wet and dry film thickness gauges

2. Blast nozzle orifice gauge

3. Sieves and scale for blast grit analysis

4. Hypodermic pressure gauges

5. Elcometer (or equal) dolly adhesion tester

6. Tooke gauge

7. Black light

8. Qualitative and quantitative chloride tests

9. Micrometer and Testex (or equal) replica tape

10. Pit gauge

11. Sling or electronic psychrometer with psychrometric tables

12. Magnetic base surface thermometers

13. Immersion thermometers

14. Keene-Tator Surface Comparator or equal

15. Lighted 30X microscope

16. Blotter paper

17. pH test kit

18. Visual guides published by an acknowledged industry standards organization (e.g. SPC, SSPC or NACE) for surface preparation standards including power tool cleaning, abrasive blast cleaning, and UHP water jetting.

Company specific visual guides shall not be acceptable.

19. Visual guide for types of coating failures with causes and remedies

6.0 MANAGEMENT, HANDLING, TRANSPORTATION, AND REMOVAL OF MANUFACTURER’S

PRODUCT

6.1 Return of Factory Sealed Products

When ordered by the Government and not prohibited by law at the site and time of return, the Contractor shall remove and accept for return any products it supplies under the Contract that are still factory sealed and undamaged. The Contractor shall be responsible for removing and accepting returned products located only in Attachment 1: Navy Product Support

Requirements.

6.1.1 Restocked Products:

In the case of products that can be restocked (which shall include unexpired products), the Government will be responsible for the restocking fee and the transportation surcharge applicable to the location at which a product is returned as provided in Exhibit A: Paint Supplies and Services Price Table. The Contractor shall submit a Credit Invoice in accordance with

FAR Clause 52.212-4 Addendum reflecting a credit equal to the product’s Contract price. The Contractor may also wait until the end of the availability and only invoice for the net products used in which case no Credit Invoice will be required.

6.1.2 Products not Restocked:

In the case of products that cannot be restocked, the Government will be responsible for the transportation surcharge applicable to the location at which a product is returned and a handling charge as provided in the Price Table.

6.2 Handling of Products Found Leaking, Broken, and/or at Less Than 50% Shelf Life at Time of Delivery

The Contractor is responsible for the removal and return of products that at the time of delivery are found to be in a leaking container, an unsealed container, and/or with less than 50% shelf life remaining. The Government will not be responsible for any fees relating to the removal and return of such nonconforming products (unless a waiver was approved in accordance with Paragraph 8.2 for products delivered with less than 50% shelf life). All costs for the removal and return of nonconforming products (including transportation and restocking) shall be the sole responsibility of the Contractor.

Additionally, the Contractor shall be responsible for delivering conforming products at its cost within three (3) days of the date of delivery of the nonconforming products.

7.0 PACKAGING AND MARKING

The Contractor shall prepare all shipments under this Contract in accordance with ASTM-D-3951-98 "Standard Practice for

Commercial Packaging” Preservation, packaging, packing and marking of all deliverable Contract line items must ensure the material is received in a serviceable, ready for issue condition when received at the ultimate destination.

The Contractor shall prepare all regulated hazardous material in accordance with the requirements of 49 CFR (Code of

Federal Regulations) or the applicable modal transport regulation. In addition, compliance with FED-STD 313 is mandatory.

All shipments utilizing coniferous and non-coniferous wood pallets, skids, load boards, pallet collars, boxes, reels, dunnage, crates, frames, and cleats constructed of non-manufactured wood shall be constructed from Heat Treated (HT to 56 degrees

Centigrade for 30 minutes) or fumigated (using methyl bromide) material and certified by an accredited agency recognized by the American Lumber Standards Committee (ALSC) in accordance with Wood Packaging Material Regulations both dated 15 Nov 2002.

7.1 Package Size for Paints/Coatings and Solvents

The Government will require all coatings, solvents, and other products in the following packaging sizes unless otherwise mutually agreed:

5 gallons

1 gallon

1 quart

8.0 PRODUCT SUBSTITUTIONS/TECHNOLOGY IMPROVEMENTS

8.1 Product Substitutions

The Contractor shall provide the Contracting Officer at least sixty (60) days advanced notice in writing of the Contractor’s intent to discontinue the manufacture of any products under the scope of the Contract. The notice shall identify the specific product to be discontinued and identify the salient characteristics of the proposed product to be substituted.

It is the Government’s expectation that the Contractor shall routinely deliver the specific products outlined in Exhibit A.

Product substitutions for the convenience or benefit of the Contractor shall not be allowed. The Government is under no obligation to accept substitute products. The Contractor remains obligated to provide the products required under the

Contract.

8.2 Approval for Substitution of Products

The Government shall at its sole discretion determine the technical acceptability of any product offered as a product substitution. In the event a product fails to meet the requirements of Exhibit A (Paint Supplies and Services Price Table), the substitute will be considered under FAR Clause 52.212-4 (c) with consideration for the value lost. The Government is under no obligation to accept substitute products. Pending approval of such products, the Contractor remains obligated to provide the products required under this Contract.

8.3 Limits for Substitution of Products

No substitutes are authorized for the first one hundred eighty (180) days after the Contract award date.

8.4 Technology Improvements

After Contract award, the Government may solicit, and the Contractor is encouraged to propose independently, technology improvements to the equipment, products, software specifications or other items required for the performance under this

Contract. These improvements may be proposed to save money, improve performance, save energy, or for any other purpose which presents a technological advantage to the Government. The Government is under no obligation to accept technology improvements. Pending approval of such improvements, the Contractor remains obligated to provide the supplies and services required under this Contract.

8.4.1 Submittal of Technology Improvement Proposals:

The Contractor will submit a proposal that includes pricing to the Contracting Officer for evaluation. The price proposal shall reflect the same pricing strategy for the new item as was implemented under this Contract.

The proposals will, at a minimum, contain the following information:

1. Description of the difference between the existing Contract requirement and the proposed change with the comparative advantages and disadvantages of each.

2. Itemized requirements of the Contract, which must be changed if the proposal is adopted with the proposed revisions to the Contract language.

3. Estimate of the changes in performance or cost, if any, which will result from the change.

4. Evaluation of the effects the proposed change would have on collateral costs to the Government, such as

Government furnished property costs, costs of ship equipment maintenance, operation and conversion costs.

5. Statement of the time by which a Contract modification must be issued so as to obtain the maximum benefits of the changes for the remainder of this Contract including supporting rationale.

6. Any effect on Contract time and delivery schedules shall be identified.

8.4.2 Implementation of Technology Improvement Proposals:

Those proposed technology improvements that are acceptable to the Government will be approved by the Contracting

Officer via a Contract modification.

9.0 DELIVERY OF GOODS OR SERVICES

9.1 Delivery Verification

Final inspection and acceptance of the supplies to be furnished hereunder shall be made at the destination by the receiving activity. At the time of each delivery under this Contract, the Contractor shall prepare and furnish to the

Government/Commercial Receiving Activity either Contractor’s own shipping / inspection / receiving documentation or a

Material Inspection and Receiving Report (DD 250). The delivery receipt shall contain at a minimum: the ship name, the contract number, the intended delivery date(s), the delivery location, the product names, and the quantities delivered. The receiving activity shall execute acceptance certification on the submitted documentation. The delivery receipt shall also include a clearly marked section in which the persons accepting delivery of the products on behalf of the Government are acknowledging acceptance of the products. Persons signing acceptance certification documentation shall include their full printed name, title, employer and, if a shoreside receiving facility, phone number.

The information on the delivery receipt regarding the ship name, contract number, actual delivery date(s), delivery location, product names, and quantities delivered shall be pre-printed. Handwritten changes and annotations on the delivery shall not be accepted or acknowledged by the Government unless said changes and annotations are clearly initialed and dated by the person(s) accepting delivery of the products on behalf of the Government.

Contractor shall maintain original signed and certified documents. Documents may be audited as per FAR Clause 52.212-4

Addendum.

9.2 Required Time and Place of Delivery/Performance

The specific date and place of delivery for supplies and/or performance for services will be specified in this contract. The

Contractor shall make deliveries to Norfolk Virginia. The required delivery time limits are outlined in Attachment 1, Navy

Product Support Requirements.

The Contractor shall deliver all products and services ordered by the Government, on the date specified in this contract in all instances in which the Government has provided adequate order lead time for the applicable main port.

Adequate lead time is deemed to have been provided in those instances in which the period of time between the date on which the order was deemed to have been received by the Contractor and the date on which the Contractor is requested to make the delivery is equal to or greater than the required delivery period for the applicable main port., per Attachment 1.

In instances in which the delivery date requested in a specific contract is sooner than the delivery period stipulated in the

Contract for a given main port, Paragraph 9.3.1 shall apply.

The Contractor’s obligation to deliver all products and services within the specific time constraints defined in Attachment

1, Navy Product Support Requirements, shall not be contingent upon:

1. Whether or not the product ordered by the Government is manufactured in the specific main port zone in which delivery is requested.

2. Whether or not the product ordered by the Government is normally stocked for sale to the Government, or other commercial or Government customers, in the specific main port in which delivery is requested.

3. Whether or not pre-existing stock inventory is available in the specific main port in which delivery is requested.

4. The terms and conditions of any manufacturing, warehousing, inventory management, transportation or other trade/business agreements into which the Contractor has entered, or plans to enter, with its affiliates, trade partners or other subcontractors.

5. The Contractor’s customary business practices as they relate to commercial or other Government customers.

For purposes of calculating delivery deadlines, deductions, and expedited freight liabilities, the business day immediately following the day on which an order for material (verbal or email) was received by the Contractor shall be deemed to be the first business day. Unless specified elsewhere, the Contractor shall be provided at least eight business days to complete delivery for a contract.

It is the Government’s expectation that the Contractor shall use a combination of establishing and maintaining stock inventories in main ports and/or key locations within each geographic zone and just-in-time manufacturing/stock management/delivery arrangements as deemed appropriate and most cost effective by the Contractor in order to meet the required product delivery times for each main port. Government does not warrant the adequacy of the stock inventory points selected by the Contractor, the adequacy of the stock inventory the Contractor elects to maintain at each stocking point or the adequacy of the just-in-time manufacturing/stock management/delivery arrangements established by the

Contractor.

The Contractor shall provide expedited freight shipments at no additional cost to the Government whenever necessary to effect the delivery of any and all products ordered by the Government on the specific date requested by the Government, provided the Government’s requirements have not exceeded the maximum order quantity limitations stipulated in the

Contract and the Government has provided adequate lead time for the order.

Delivery prior to midnight (local time) on the specified delivery date shall be deemed to constitute an on-time delivery.

9.3 Delivery Surcharges

9.3.1 Expedited Delivery Surcharge:

The Contractor shall expedite delivery as specified within the contract, when the Government requires the supplies and services to be delivered in less than the order lead times provided in Attachment 1, Navy Support Requirements:

Expedited delivery surcharge applies for each instance in which the order lead time provided by the Government is less than the minimum delivery time period specified in the Contract for the applicable main port.

o Special delivery surcharge applies for each instance in which the delivery date requested by the

Government falls on a Saturday, Sunday, or local holiday. Local holidays shall be limited to those holidays officially recognized by the national Government for the specific country involved.

The Contractor may only collect for expedited and special delivery surcharge in those instances when:

o Expedited delivery OR delivery on a weekend/holiday was requested by the Government for the convenience or benefit of the Government AND o Expedited delivery OR delivery on a weekend/holiday was successfully completed on the date requested by the Government.

Expedited delivery costs resulting from inadequate local stock inventories or inadequate just-in-time manufacturing/stock management/delivery arrangements, shall be solely for the Contractor’s account, provided the Government has provided adequate order lead time for the main port involved, and the Government has not exceeded the maximum order size limitations specified in the Contract.

The Contractor shall not be obligated to provide deliveries on weekends or local holidays (i.e. the Government can only request the Contractor’s best effort in such instances).

The Contractor shall not incur any penalties for failure to be able to accommodate requests for expedited delivery or for failure to be able to accommodate requests for weekend or local holiday deliveries (i.e., the consequences of failure to order products and services in a timelier manner is the Government’s risk); however, the Contractor will remain liable to make delivery as outlined in Attachment 1, Navy Product Support Requirements.

9.3.2 Order Cancellation:

In the event that a delivery is cancelled less than 48 hours prior to the required delivery date, the Contractor shall be paid the firm fixed price for restocking of products and the transportation surcharge applicable to the location at which a product is returned as provided in Attachment 1, Navy Product Support Requirements.

9.4 Missed Delivery of Ship Store Order

In addition to any discount, if the Contractor fails to deliver an order by the date specified on the DO, the Contractor shall be responsible for all additional costs associated with expeditiously delivering the order to the vessel.

10.0 CONTRACT ADMINISTRATION DATA

10.1 Contracting Officer’s Representative (COR)—Functions and Limitations

The COR will represent the Contracting Officer in the administration of technical details within the scope of this Contract and will manage inspection of products and services. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government.