Conformed N5005421R0009_0007.pdf

CODE

(Hour)

PAGE(S)

until 12:00 PM local time 03 Nov 2021

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A

X B

X C X D

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F 84 - 101

102 - 116

X H 117 - 124

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)

DO-A3 1 124

(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.

N50054 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and 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 - 6

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

7 - 40

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

42 - 44

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 46 - 56 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 57 - 60 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

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

61 - 82

PART II - CO NTRACT CLAUSES

MID-ATLANTIC REGIONAL MAINTENANCE CENTER

CODE 400,

9727 AVIONICS LOOP,

NAVAL STATION NORFOLK

NORFOLK VA 23511-2124

(757) 396-5041

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

09 Sep 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N5005421R0009

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Job

USS DYNAMIC (AFDL-6) AND BARGE (YFND-30)

FFP

FOB: Destination

PSC CD: J998

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Job

CDRLs

FFP

FOB: Destination

PSC CD: J998

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

B-231-H002 WORKSITE TRAVEL COSTS (NAVSEA) (OCT 2018)

(a) The contractor shall not charge, and the Government shall not pay, as an allowable cost under this contract, any manhour costs (whether straight-time or overtime) for contractor personnel or subcontractor personnel traveling to or from worksites, including travel to worksites other than the contractor's facility for performance of contract work.

(b) Workers being paid under this contract, as prime contractor personnel or subcontractor personnel, will complete a full shift at the worksite, and no compensation will be paid for travel time before or after the shift.

(c) This requirement pertains only to payments for travel time before or after these workers' regular shifts

(commuting costs), and does not apply to legitimate travel costs incurred during normal working hours, provided that those costs are otherwise reasonable, allocable and allowable and approved in writing by the Government. This requirement does not apply to manufacturer's representatives or Original Equipment Manufacturer (OEM) representatives when specifically required by the Government work specifications.

(d) Additionally, the contractor shall not charge, and the Government shall not pay, any transportation costs under this contract associated with transporting contractor or subcontractor personnel between the contractor's facility (or subcontractor's facility), and any other worksite to perform ship repair, maintenance or modernization.

Transportation costs include, but are not limited to, bus fare, car fare, train fare, or boat fare, paid by the work force, or paid by the contractor on behalf of the work force.

(End of text)

SECTION B NOTES

NOTE A: FIXED SHIP REPAIR LABOR AND MATERIAL BURDEN RATES FOR BASE, GROWTH AND

NEW WORK

SCHEDULE OF PRICES / RATES: SHIP REPAIR LABOR RATE (FULLY BURDENED)

1. The Contractor’s fully burdened ship repair labor rate will be used for negotiating base, growth and new work to be performed under this contract. The contractor agrees that the number of hours included in its price proposal for contract modifications shall include only direct production hours. For these purposes, direct production hours are for skilled labor at the journeyman level expended in direct production including but not limited to the following functions:

Abrasive cleaning/blasting

Fire Watch

Welding

Burning

Brazing

Carpentry

Machinists (inside and outside)

Electrical Work

Electronic Work

Engineering

Design Support

Lagging

Ship-fitting

Boiler-making

Painting

Sheet-metal Work

Pipefitting

Rigging

General Labor

Staging/Scaffolding

Diesel Mechanics

2. The fully burdened ship repair labor rate proposed by the contractor listed in paragraph 7 below shall include all costs associated with support functions (whether charged directly or indirectly by the offeror’s accounting systems) provided in support of the direct production functions listed in paragraph 1 above.

Support functions shall be considered to be included in the offeror’s fully burdened ship repair labor rate for direct production hours. Labor hours for the below support functions shall not be separately proposed, including in support of subcontractors. Support functions include, and are not limited to, those types listed below:

Testing

Quality Assurance

Execution Planning

Cleaning (except tank cleaning)

Supervision (all types, including, but not limited to supervision of trades, support personnel and subcontractors)

Security

Surveying

Administration

Transportation

Purchasing

Staff

Lofting

Other indirect support

Handling & Warehousing

Safety/Environmental

Program Management

3. The fully burdened ship repair labor rate is a fixed hourly rate that includes all wages, overhead, all other indirect costs, general and administrative expenses, Facilities Capital Cost of Money (FCCOM) and profit.

The fully burdened ship repair labor rate represents a blended rate including labor transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

4. Consumable materials are goods used in the ordinary course of work performance such as office supplies, paper, rags, vehicle or equipment fuel costs, cleaning chemicals, disposable tools, welding rods, paint buckets, paint brushes, protective clothing, etc. that are consumed/used in the process of repair and do not become an integral part of the repaired vessel. Consumable material shall be included in the contractor’s fully burdened ship repair labor rate and not separately priced.

5. Physical materials are goods that become an integral part of the repaired vessel in the course of the repair, such as equipment, replacement steel, pipes, paint, and fasteners. The material burden rates apply to physical materials but not to consumable materials. The material burden rate will be applied to the actual cost of the physical material. Actual cost does not include handling charges, general and administrative cost, overhead, profit, or any other indirect cost.

6. For contract changes involving subcontractors, subcontractor quotes will be treated as Other Direct Costs

(ODCs) and will be subject to the contract material burden rate shown in paragraph (7) below. Subcontractor quotes must be competitively acquired and submitted with the contractor’s Change Order Price Analysis

(COPA) in response to Request for Contract Changes (RCCs) and Reservation Task Requests (RTRs) issued by the Contracting Officer. For subcontractor quotes that are not competitively acquired, as stated in FAR

15.404-3(b) the Contractor shall conduct a cost or price analysis to establish the reasonableness of the subcontractor prices. The results of the cost or price analysis shall be included with the Contractor’s Change

Order Price Analysis (COPA) in response to Request for Contract Changes (RCCs) and Reservation Task

Requests (RTRs) issued by the Contracting Officer.At no time will the proposed total to be performed by the prime contractor combined with subcontractor quote, material quote, and applicable burdens be allowed to cost more than it would have, had the prime contractor directly provided all material and labor. The proposed total pricing restriction addressed in the preceding sentence does not apply in any case where the work is required to be performed by Original Equipment Manufacturers (OEMs), Government directed subcontractors, and/or Government authorized vendors. RCCs and RTRs that are subcontracted for material only (no associated labor required within the RCC) shall not be subject to the Material Burden Rate.

7. The contract fixed fully burdened ship repair labor rate and material burden rate are shown below. These fixed rates shall be used for negotiating base, growth and new work during each availability and up to three

(3) months after the Attachment J-3 “Contract Complete” date:

DYNAMIC (AFDL-6) AND BARGE (YFND-30)

Fully Burdened Ship

Repair Labor Rate

Material Burden Rate

The rates above shall be used for negotiating all growth and new work during the entire availability up to completion of ‘Contract Complete’ milestone per Attachment J-3.

8. In the event of an extension due to excusable or compensable delay, the Contractor’s fully burdened ship repair labor rate shall be escalated by (Provided by Government at Award utilizing PPI under 336611) % commencing 3 months after the Attachment J-3 “Contract Complete” date. This rate shall be escalated quarterly through the 24th month, if necessary, following the “Contract Complete” date and shall be used to negotiate all growth and new work. The material burden rate shall not increase.

NOTE B: AVAILABILITY SCHEDULE PERFORMANCE

1. The Contractor shall schedule the performance of all work items in the work package, including work items, which permit contract scope increase as indicated in the J-1 Pricing Workbook.

Total number of labor hours and material dollars to complete growth work as described in NOTE A: paragraph 1 and the J-1 Pricing Workbook and the Spec Package J-2 Attachment.

2. The Contractor also agrees that the growth identified, if tasked, shall be performed concurrently with the work items, without impacting, accelerating, or causing delay or disruption to the work required by the base and option work items, to any other Government contract, or to any other work in progress for the Government.

3. The growth described above, if required, shall be tasked during the contract period of performance, as may be modified, on the following schedule phasing:

No more than 75% of the hours or material following the 25% schedule point of the availability (as measured in days between the “Avail Start” and “Contract Complete” milestones in Attachment J-3).

No more than 50% of the hours or material following the 50% schedule point of the availability (as measured in days between the “Avail Start” and “Contract Complete” milestones in Attachment J-3).

No more than 25% of the hours or material following the 75% schedule point of the availability (as measured in days between the “Avail Start” and “Contract Complete” milestones in Attachment J-3).

NOTE C: FAR 52.217-7 clause “Option for Increased Quantity – Separately Priced Line Item” applies to all exercised options.

1. Offerors shall include pricing for all option items under Attachments J-1. Option items are evaluated as part of the total price.

2. Option items will be included in the integrated work schedules submitted as part of the non-price proposals.

Section C - Descriptions and Specifications

SCOPE OF WORK

Section C - Descriptions and Specifications

1. GENERAL REQUIREMENTS

1.1 The Contractor, under the direction of Mid-Atlantic Regional Maintenance Center (MARMC) as an independent

Contractor and not as an agent of the Government, shall furnish the material, support (electrical, crane, rigging, etc.)

and facilities (except those furnished by the Government under express provisions of this contract) and provide the management, technical, procurement, production, testing and quality assurance necessary to plan, prepare and execute all maintenance, repair, and alterations required to complete the Docking Phased Maintenance Availability

(DPMA) onboard the DYNAMIC (AFDL-6) and Barge (YFND-30) in accordance with the requirements stated in this Section, the designated Work Item Specification Package MARMC-502-22, Standard Items, and Work Item

Specifications, Drawings, and Test Procedures, Delivery Schedule, and all other terms and conditions set forth in this contract.

1.1.1 The current NAVSEA Standard Items applicable to work items of this specification are listed in the Index of

Specifications, contained in Specification Package MARMC-502-22(Attachment J-2 of Section J).

Category I NAVSEA FY-22 Standard Items are applicable to all items without further reference. Category II

NAVSEA FY-22 Standard Items are part of the specification package when invoked and/or referenced in individual work items specified in SSP No. MARMC-502-22. NAVSEA Standard items may be found at http://www.navsea.navy.mil/Home/RMC/CNRMC/Our-Programs/SSRAC/NSI/FY22-NSI/

In addition to the Work Item Specifications and Work Item Plans, Drawings, and Other References and applicable

NSIs, additional work item references not already in the possession of the Offerors, commercially available, listed under 52.211-2, are available through the following websites:

a) https://jedmics.net/

b) https://mfom.sscno.nmci.navy.mil/MFOM/DoDStatement.aspx

c) https://nsedr.nnsy.navy.mil/

1.2 The Contractor shall accomplish planning and scheduling to ensure a rational, integrated and timely plan for receipt, storage and installation of Government Furnished Material as identified in work item specifications, and for accomplishment of production work.

1.3 The Contractor shall provide an integrated milestone plan for the applicable awarded availability. These milestones will include a schedule of key events necessary to meet the contract delivery dates. A critical path analysis and a milestone schedule shall be used to measure schedule accomplishment of the functions and elements required to successfully complete the repair and alterations required to complete the requirements of the

DYNAMIC (AFDL-6) and Barge (YFND-30) DPMA within the availability dates described herein.

1.4 INTEGRATED PRODUCTION SCHEDULE DEVELOPMENT, UPDATE, AND REVIEWS

DYNAMIC (AFDL-6) and Barge (YFND-30) will require separate Integrated Production Schedules greater than >9 weeks NSI 009-60s.

In support of NSI requirements and to confirm the contractor has all available input for development of the applicable Integrated Production Schedule, including the development of the Integrated Work Package, Production

Schedule, Integration of O, I and D level Work, Integration of AIT and SHIPALT requirements and any other contractor assigned or Third Party work scheduled for accomplishment concurrent with the applicable CNO availability, the contractor shall, with the RMC, conduct the Work Package Execution Review (WPER).

http://www.navsea.navy.mil/Home/RMC/CNRMC/Our-Programs/SSRAC/NSI/FY22-NSI/

The WPER will take place at the RMC located at the vessel’s homeport. The RMC will schedule the WPER per the

Joint Fleet Maintenance Manual (JFMM) Milestones either as a separate event or concurrent with an Integrated

Project Team Development (IPTD) event no later than A-3. This review shall be accomplished following the JFMM, Volume II, Integrated Fleet Maintenance requirements including the Critical Time Period, First 100 Hour Plan. Final

100 Hour plan and identify any schedule or scope impact. See Appendix E of the JFMM II-I-2E-1. The JFMM can be found at https://www.submepp.csd.disa.mil/JFMM/index.htm

1.4.1.1 The Contractor's latest, Government approved, Integrated Production Schedule created in full compliance with NSI 009-60.

1.4.1.2 The Contractor's current progress in preparing for and/or executing the Availability in accordance with their

Integrated Production Schedule shall provide an explanation and mitigation plan in the event preparation or execution delays occur in comparison to their Integrated Production Schedule.

1.4.1.2.1 The Contractor's plan shall describe opportunities for schedule acceleration, (At no cost to the Government unless directly related to a Government caused delay), and potential risks and mitigations to remaining schedule attainment.

1.4.2 In accordance with NSI 009-60 paragraph 3.1.5, the Government hereby specifies that the contractor may complete the Availability utilizing other than a 5-day work week.

1.4.4 The weekly Manpower management information, provided in accordance with NSI 009-60.

1.5 LOGISTICS:

The contractor shall develop and submit all logistics and technical data required, including but not limited to provisioning parts lists, engineering data for provisioning, design change notices, interim support items lists, provisioning technical documentation, demand only transaction reports, commercial off the shelf (COTS) equipment manual revisions, tech manual revisions, and purchase orders.

1.6 POST AWARD FACILITY INSPECTION

1.6.1 The Government will send a site inspection team to perform an inspection of the contractor's facility prior to arrival of the vessels.

1.7 GOVERNMENT FURNISHED MATERIAL

The contractor will pick up Government Furnished Material (GFM) cited in the solicitation (Attachment J-4, Specification Package). The contractor will coordinate delivery of Government Furnished Material with the Project

Manager. Government property permanently removed from a vessels requiring a Property Administrator's disposition instructions, shall be properly prepared for shipment and delivered. GFM will be listed in paragraph 5 of the Work Item(s).

Property Administrator:

DaRelle Williams darelle.r.williams@navy.mil

Office ☎: (757) 502-4481 ext. 222

Cell ☎: (757) 837-2095

Pamela Holland pamela.k.holland@navy.mil

(757) 421-8450 https://www.submepp.csd.disa.mil/JFMM/index.htm

1.7.1 PICK-UP OF GOVERNMENT FURNISHED MATERIAL (GFM) BY CONTRACTOR:

a) Upon notification of award by a Mid-Atlantic Regional Maintenance Center (MARMC) Contract

Department representative, the contractor will accept delivery of the Government Furnished Material

(GFM) cited in the work package from any and all locations within a 65-mile radius of MARMC, Norfolk, VA. Please contact the cognizant Project Manager to coordinate the pickup of GFM.

b) The contractor will be required to make an initial pickup of all available GFM at the start of availability and no more than six (6) additional trips for the pickup of GFM for ship availabilities. After initial pickup, growth GFM will be included in the six (6) trips. The MARMC Material Department will notify the contractor when additional GFM will be available for pickup, the approximate number of pieces, and the size of the GFM.

c) These requirements do not supersede requirements stated in the work specifications.

1.7.2 DELIVERY OF GOVERNMENT PROPERTY:

a) All Government property as designated by the Government Property Administrator (GPA) will be delivered/shipped by the Contractor to one or more location(s) designated by the GPA. The designated location shall be within a 65-mile radius of MARMC (Norfolk Naval Base, Norfolk, VA).

b) The contractor will be required to make up to five (5) such deliveries with no increase in the Job Order price. A delivery is defined as a designation of specific property to a specific place, but may require multiple loads.

c) These requirements do not supersede requirements stated in work specifications.

1.8 QUALITY ASSURANCE

1.8.1 QUALITY ASSURANCE PROGRAM: The Contractor shall provide and maintain a quality assurance program acceptable to the Government, and shall perform or have performed the inspections and tests pursuant to that program to substantiate that the material and workmanship provided pursuant to the job order conform to the drawings, specifications, job orders, and contract requirements listed herein.

The Contractor's quality assurance program shall be in accordance with that set forth in NSI 009-04. In addition to its rights under clause 252.217-7005 “Inspection and Manner of Doing Work”, the Government shall have the right to deem work or material furnished by the Contractor to be incomplete and not in accordance with the requirements of the job order by reason of the Contractor's failure to comply with the requirements of its quality assurance program and, as such, the Contractor shall not be entitled to any payment progress payments for said work and material.

1.8.2 Quality Assurance Surveillance Plan (QASP) - The Contractor shall meet the performance/acceptable quality level requirements for each deliverable/assessment area in the QASP, Attachment J-5. There will be monetary deductions based on unfavorable contractor performance as stated in the QASP. There is no maximum dollar limit to the deductions which can be assessed against the Contractor for failing to meet the performance/acceptable quality level requirements.

1.8.2.1 The Contractor shall meet all Process Control Procedure (PCP) reporting requirements in accordance with

NSI 009-09.

1.8.2.2 The contractor shall meet all technical reporting requirements including those set forth in NSI 009-12.

1.8.2.3 The Contractor shall meet all requirements relating to weight and stability reports for in-service surface ships in accordance with NSI 009-103.

1.9 REQUEST FOR CONTRACT CHANGES (RCC) TIMELINE

The contractor shall provide all Change Order Price Analysis (COPA) proposals in response to Request for Contract

Changes (RCC) within five (5) calendar days. If circumstances arise where the contractor is unable to submit a

COPA within five (5) calendar days, the contractor shall notify the Government in writing of the specific circumstances and provide a date on which a COPA will be submitted. The contractor’s timeliness in submitting

COPAs in response to RCCs will be evaluated in CPARS and utilized for past performance ratings on future proposal evaluations. Notification of late submission of COPA does not exempt the contractor from meeting the five

(5) calendar day requirement, but will be considered by the Government when conducting a CPARS evaluation.

1.9.1 CONDITION FOUND NOTIFICATION TO GOVERNMENT:

Condition Found Reports (CFRs) shall be submitted through the Navy Maintenance Database Re-platform (NMDR) within two (2) calendar days of discovery of the condition. At a minimum, the CFR will include the following:

(1) Identify contract, ship, and hull number

(2) Serialized by CFR number

(3) Identification of the applicable Work Item number

(4) Date requirement was discovered

(5) Description of the work requirement

(6) Specific location of the work

(7) Recommendation for corrective action

(8) Recommendation for the appropriate/best time to accomplish the work (i.e. during current availability with or without schedule change, future CNO or Continuous Maintenance Availability). Provide supporting rationale for the recommendation, such as cost efficiencies, availability of work force, availability of material, premium expenditures, etc.

(9) Identification of related changes, if any, to the internal milestones and production and contract completion dates.

1.9.2 GOVERNMENT REVIEW AND RESPONSE TO CFR

The Maintenance Team will review the CFR for accuracy. If the CFR is inadequate or incomplete, the CFR will be rejected with time continuing to accrue (relative to the two (2) calendar day requirement). As appropriate, the

Government and contractor will need to meet, conduct ship checks and/or discuss the recommendation for corrective action further to determine the full scope of work required prior to final approval of the CFR. Accuracy of CFR submissions may be evaluated in CPARS and utilized for past performance ratings on future requirements.

Additionally, deductions may be assessed in accordance with Attachment J-5 DYNAMIC (AFDL-6) and Barge

(YFND-30) QASP.

1.10 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

No order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the

"Changes" clause of this contract. The Contractor shall not comply with any order, direction or request of

Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer's. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof which is considered a constructive change.

1.10.1 DATA REQUIRED FOR REQUEST FOR CONTRACT CHANGE (RCC) AND LOE TO COMPLETION

REQUESTS:

In the event a growth requirement is validated and fully scoped, the Government may generate a RCC or GMR (in support of an LOE to Completion Request) which the ACO may request a firm fixed price proposal from the

Contractor.

For all generated RCCs and GMRs, the Contractor shall provide a COPA proposal to the ACO within five (5) calendar days (See CDRL A002). A Contractor’s COPA shall remain valid for a minimum of 14 calendar days, unless otherwise specified by the ACO; if another timeline is specified by the Government, the Contractor’s COPA shall remain valid for that amount of time. The COPA provided shall include at a minimum:

a. Labor hours to be performed by the Prime Contractor __________

b. Subcontractor Quote (If applicable) $__________

c. Material Quote (If applicable) $__________

d. Mark-up (If applicable) $__________

Note 1 – Labor Hours: Proposed labor hours to be performed by the Prime Contractor shall be provided broken down by paragraph, trade and labor hour mix.

Note 2 – Material: Material pricing shall include a list detailing the source, part number, description, unit cost, quantities, total cost and underlying vendor quotes for each line item.

Note 3 – Subcontractor Quotes: Subcontractor quotes shall include labor hours, labor rate, material (part number, description, unit cost, quantity, total cost, and vendor quotes for each line item), and tiered subcontractor quotes (if applicable). Proposed subcontractor labor hours shall be broken down by paragraph and task.

Note 4 – Supporting Documentation: The requirements for complete submission of a COPA stated above represents the minimum and does not limit the Government from requesting additional information. In the event the ACO is unable to make a fair and reasonable determination based on the original COPA submission, the Contractor shall comply with FAR 15.402(a) (2) which requires the Contractor provide whatever data the ACO needs in order to determine a fair and reasonable price.

Note 5 – Late Submissions: The above documentation must accompany the COPA for the COPA to be considered submitted to the ACO. The number of days a Contractor’s COPA remains valid does not begin until the COPA is considered submitted by the ACO. See Attachment J-5, QASP, for deductions associated with late or invalid

COPA submittals.

If circumstances arise where the Contractor is unable to submit a COPA within five (5) calendar days, the

Contractor shall notify the ACO in writing of the specific circumstances and provide a revised date in which a

COPA proposal will be submitted. Additional time needed to complete a COPA may be granted solely at the discretion of the ACO. The new timeframe granted solely at the discretion of the ACO and which may differ from the Contractor’s request, shall be met by the contractor. Notification of a late COPA does not exempt the Contractor from meeting its requirement, but will be considered by the Government when conducting a CPARS evaluation and utilized for past performance ratings on future contracts. Late submission of COPAs may result in deductions assessed in accordance with Attachment J-5, QASP.

1.11 DESCOPING OF REQUIREMENTS

The Government reserves de-scoping rights to this contract at any time and for any reason. De-scopes are incorporated into the contract via deletion RCCs and can either be a partial deletion of paragraph(s) from the work specification or deletion of a work item in its entirety.

The Government will rely on the labor rates and prices entered in Attachment J-1 Pricing Workbook for negotiating and settling RCCs.

1.11.1 Pricing of Deletion RCCs: The Contractor agrees to price deletion RCCs at the same labor rate proposed in

Attachment J-1 Pricing Workbook as follows:

1.11.1.1 Partial or full work item deletion RCCs from the basic work package will be deleted at the basic labor rate and material burden rates as entered in the Work Item Index Tab of Attachment J-1 Pricing Workbook.

1.11.1.2 Partial or full work item deletion RCCs from settled growth work or new work will be deleted at the labor rate and material burden rate as entered in the Labor & Material Burden Rate Tab of Attachment J-1 Pricing

Workbook.

1.11.2 Settled Deleted Price:

1.11.2.1 Full Work Item Deletion: For the purposes of pricing a RCC that deletes a work item in its entirety, the

Government considers each individual work item to be separately priced. The starting point for negotiations will be the Contractor’s work item price entered in the Work Item Index Tab of Attachment J-1 Pricing Workbook. The burden is on the Contractor to demonstrate production costs incurred. Program management and other indirect costs will not be considered.

1.11.2.2 Partial Deletion: The Contractor agrees to propose RCCs that delete a portion of a work item at the hours, material and subcontractor cost it would have required to accomplish the work. The proposed price shall include only the paragraphs affected by the partial deletion. At no time may the Contractor amend its pricing on the remaining paragraphs not being deleted from the work item.

1.12 MODIFICATION NEGOTIATION

Once the Government receives the Contractor’s COPA, it will evaluate and negotiate it in accordance with applicable Agency regulations and policies. In accordance with DFARS 252.217-7003, Changes, if necessary, the

Government may issue unilateral modifications to accomplish required work using the pre-priced labor and material rates, outlined in Section B of this contract.

1.13 NAVY MAINTENANCE DATABASE (NMD)

The Contractor shall utilize the Navy Maintenance Database (NMD) program to perform administrative functions with the Government. The Contractor shall be responsible for submitting electronic reports, retrieving answered reports, and retrieving requests for contract changes (RCC’s) using NMD. Each individual needing access to NMD will require a PKI certificate and AIHC User Account Request Form. The contractor shall have access within 10 days of contract award. NMD is located at: https://mfom.sscno.nmci.navy.mil/MFOM/DodStatement.aspx

a) Contractor is required to have internet access for connectivity to NMD and each company personnel using

NMD shall acquire a PKI certificate.

b) Each individual needing access to NMD will require approval. The Access Request and Non-Disclosure

Forms may be obtained by sending an email request to MARMC_NRFK_NMD_helpdesk@navy.mil.

1.14 ORGANIZATION CHART AND EMPLOYEE ROSTER

Within seven (7) days of contract award, the Contractor shall submit a chart detailing each management, technical, and engineering and production position from the highest company level to the lowest supervisory level. Include descriptions of each position describing the duties, responsibilities, authority and names of the individuals filling the positions, as well as identification of whether each individual is assigned to the contract full time. The organizational chart must represent the facility that will perform the work.

1.14.1 EMPLOYEE ROSTER

After receipt of award and prior to starting work aboard the vessels (no later than A-7), the contractor must submit a list of employees who will work aboard ship to the Commanding Officer of the ship VIA the Project Manager. The list should be on company letterhead, include each employee's name, and security clearance when required, and bear the signature of a company official.

2.0 LOCATION

Government facilities are only available for work that cannot be accomplished at the contractor's facility due to the requirement of the dock/barge to be in position at Joint Expeditionary Base Little Creek during the accomplishment https://mfom.sscno.nmci.navy.mil/MFOM/DodStatement.aspx mailto:MARMC_NRFK_NMD_helpdesk@navy.mil of work such as work on the spreadmoor system. It is expected that the majority of the work will be completed at the contractor’s facilities. Some testing and any warranty work may take place at Joint Expeditionary Base Little Creek.

2.1 The required place of performance is restricted to the Norfolk, VA Homeport Area.

2.2 DRY-DOCK CERTIFICATION

The Dynamic (AFDL-6) and Barge (YFND-30) are considered support crafts. Therefore dry-docking these vessels in a certified dock in accordance with MIL-STD-1625D is not required per ESR-21-0292. Follow the requirements of para. 3.1.1. of WI 997-11-001 and 002.

3.0 SCHEDULE

The DYNAMIC (AFDL-6) and Barge (YFND-30) must be delivered, mission ready, no later than 22 DEC 2022.

3.1 MILESTONES

In addition to the contract completion date of 22 DEC 2022, the Government has established execution dates for the milestones identified in Attachment J-3.

3.1.2 If any milestone event is not accomplished by the date provided, and the failure to accomplish any such milestone event does not arise from a cause beyond the control and without fault or negligence of the Contractor, such failure may be deemed to constitute a failure to perform this contract in accordance with Default Clause

DFARS 252.217-7009.

3.1.3 The Contractor shall schedule the performance of all items in the DYNAMIC (AFDL-6) and Barge (YFND-

30).

DPMA work package, including work items, so as to permit a contract scope increase up to 38,737 “hours” to be performed as "Additional Requirements" (including growth and new work). “Hours,” as defined for the application of this paragraph is to include both prime and subcontract labor hours.

The contractor agrees that these Additional Requirements, if ordered, shall be performed concurrently with the aforementioned work items, during the contract period of performance without impacting the Key

Events/Milestones; (Attachment J-3 Milestones), or impacting, accelerating, or causing delay or disruption to the work required by the aforementioned work items, to any other Government contract, and/or to any other work in progress for the Government. The "additional requirements" schedule noted below is dependent upon the contractor's timely submission of CFRs and timely processing of RCCs as stated in this document. The government reserves the right to extend the below based on delays experienced due to contractor noncompliance.

The "Additional Requirements," if required, shall be ordered during the contract period of performance, as may be modified, on the following schedule:

No more than 75% of the hours or material following the 25% schedule point the availability (as measured in days between the “Start Availability” and “End of Availability” milestones in Attachment J-3).

No more than 50% of the hours or material following the 50% schedule point the availability (as measured in days between the “Start Availability” and “End of Availability” milestones in Attachment J-3).

No more than 25% of the hours or material following the 75% schedule point the availability (as measured in days between the “Start Availability” and “End of Availability” milestones in Attachment J-3).

3.2 DELAYS / DISRUPTIONS

The Contractor shall coordinate the work effort with the Project Manager on a daily basis to prevent changing situations from causing delays or disruptions. Disruption due to minor delays in obtaining access to spaces and operation of equipment is to be expected. A minor delay is defined as eight (8) clock hours or less in duration (and is not the cumulative effect of labor hour impact). Minor delays or disruptions are considered normal rather than unusual occurrences during the performance of tasks ordered required under these resulting contracts. The

Government will not provide any schedule relief for minor delays or disruptions.

The burden is on the Contractor to establish if a delay/disruption is not minor in nature, by immediate notification to 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 the Government person(s) contacted, and impact to the critical path and/or controlling work items.

3.3 SCHEDULE AND ASSOCIATED REPORTS

The scheduling of work, resources, key events and milestones submitted by the Contractor shall be in accordance with NSI 009-60 and associated CDRLs during the course of contract performance and shall not be materially different from the Schedule and Associated reports provided in the Contractor’s technical proposal.

3.4 MILESTONES FOR CERTAIN REPORTS

Quality Assurance Surveillance Plan (QASP) Attachment J-5, The Contractor shall complete the necessary work associated with the reports due on or before the first 20% of the availability duration and submit to the Government the required reports in the necessary format and containing the required information as specified in the Work Item in accordance with their prescribed due dates or be subject to the deductions provided in the QASP.

3.5 END COST DATA

In accordance with the reporting requirements, the Contractor shall provide final actual prime and subcontractor hours, material cost and duration for each Work Item, inclusive of all definitized Request for Contract Changes

(RCC) incorporated in the work package:

3.5.1 Subcontractor hours and material cost may be estimated based on the actual Prime Contractor outlay to subcontractors.

3.5.2 The Contractor is not required to provide final actual prime or subcontractor labor costs, or final total actual prime or subcontractor work item costs.

3.6 LABOR AND MATERIAL RESERVATIONS IN SPECIFICATION ITEMS:

When a specification item includes a reservation work scope requiring a specified amount of labor man-days and material be provided, the requirements for recordkeeping, approvals, and reconciliations are provided in

Specification Item 042-11-001, Accountability of Man-hour and Material Reservation.

4.0 OTHER REQUIREMENTS

4.1 FIRE DRILL

The Contractor shall coordinate the execution of a full scale fire drill with the NSA within the first 30 days after the ship's arrival at the Contractor's facility. The drill will include at a minimum the requirements of the drill specified in NSIs 009-08 (Fire Protection at Contractor's Facility; Accomplish) and 009-28 (Fire Prevention

Requirements).

For the Contractor, this drill will require all production work to stop for a minimum of 4 hours during day shift on the selected day. As part of the drill, the Contractor is required to evacuate the ship, provide a muster report of all personnel safely off ship, support the drill with any firefighting personnel/company emergency procedures, and support the disconnection of temporary services at the drill site. Temporary services at the drill site will be disconnected in the process of the drill, and the Contractor will be responsible for restoring them after the drill.

This drill will require involvement with the local fire department. An additional fire drill may be required if the availability exceeds 180 days. All costs associated with drill and production time losses shall be included in proposal. For awareness, the Government will be conducting the drill and using the evaluation criteria found in CH-

12, 13, and Appendix A, of S0570-AC-CCM-010/8010.

4.2 BLACK OXIDE COATED THREADED FASTENERS (BOCTFs)

Due to safety concerns, use of BOCBTFs is not authorized when installing or replacing threaded fasteners in the accomplishment of any work required by any Work Item in this contract.

4.3 FORCE PROTECTION CONDITION

If the Government force protection condition changes, any costs associated with delays, disruptions, or security precautions associated with this force protection condition level shall be included in your proposal. Contractors will not receive additional compensation for delays, disruptions, or security precautions associated with this force protection condition level.

4.4 USE/POSSESSION OF PERSONAL ELECTRONIC DEVICES (PED'S)

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

WI-FI Routers

Stand Alone Computers

Analog and digital sound recorders

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).

4.5 NON SMOKING POLICY

For bidding purposes, Contractors are advised that in light of the Government’s policy regarding smoke-free facilities, the entire vessel, and topside and below decks, is to be considered a "No Smoking Area" unless otherwise indicated by shipboard policy.

4.6 CITIZENSHIP REQUIREMENTS

The contractor shall comply with the Department of Defense Industrial Security Manual (DoD 5220.22), and any revisions to that manual on the solicitation release date prescribed, for verification of all U. S. Citizens.

The DoD Industrial Security Manual can be found at:

http://www.dtic.mil/whs/directives/corres/pdf/522022_vol3_2014.pdf.

4.7 PAINT ABATEMENT

Abatement work will be conducted in accordance with NSI 009-32. Paint abatement will be included as part of offerors proposed pricing and is not subject to additional growth.

4.8 NORMAL BUSINESS HOURS

Contractor must define normal business hours, define beyond normal business hours and list federal holidays in their proposal.

http://www.dtic.mil/whs/directives/corres/pdf/522022_vol3_2014.pdf

4.9 CRITICAL WORK AUTHORIZATION DURING AND BEYOND NORMAL BUSINESS HOURS

The Contractor shall accept any form of electronic media or verbal Authorizations to Proceed (ATP), Not-to-Exceed

(NTE) obligations and Undefinitized Contract Actions (UCAs) from the Contracting Officer during and after normal hours, including weekends and holidays. Any verbal authorization will be followed up by written confirmation by the ACO within 24 hours.

4.9.1 The Government may determine that new work or growth work discovered during execution of an availability may have to begin at the time the work is identified but before receiving a proposal. The Government reserves the right to issue an unpriced change order (UCO), unpriced GMR, or a UCA to direct the contractor to begin the work.

The Government will provide the Contractor a ceiling amount, not to exceed amount, and a definitization schedule.

The Contractor’s growth/new work rate established at the Delivery Order level, shall be utilized when establishing the NTE amount. The contractor shall promptly begin work after receiving verbal or written direction by the

Contracting Officer. The Contractor shall then submit a qualifying proposal in accordance with the definitization schedule. The ceiling amount will be adjusted after evaluation of the Contractor’s qualifying proposal. The contractor will be held responsible for any delay in completing work due to failure to comply with the Contracting

Officer’s direction

5.0 SECURITY REQUIREMENTS

Contractor personnel shall comply with all current badging and security procedures required gaining access to any

Government site (e.g. DBIDS). Access to Naval Installations sites may only be gained by obtaining a badge (either permanent or temporary) from the security office. It is the Contractor’s responsibility to check for and obtain changes and updated information at each installation on a continual basis. Further information can be found at:

https://www.cnic.navy.mil/regions/cnrma/om/contractor_verification_system.html and MARMC website:

http://www.navsea.navy.mil/MARMC/default.aspx

CLAUSES INCORPORATED BY FULL TEXT

C-202-H001 ADDITIONAL DEFINITIONS–BASIC (NAVSEA) (OCT 2018)

(a) Department - means the Department of the Navy.

(b) Commander, Naval Sea Systems Command - means the Commander of the Naval Sea Systems Command of the

Department of the Navy or his duly appointed successor.

(c) References to The Federal Acquisition Regulation (FAR) - All references to the FAR in this contract shall be deemed to also reference the appropriate sections of the Defense FAR Supplement (DFARS), unless clearly indicated otherwise.

(d) National Stock Numbers - Whenever the term Federal Item Identification Number and its acronym FIIN or the term Federal Stock Number and its acronym FSN appear in the contract, order or their cited specifications and standards, the terms and acronyms shall be interpreted as National Item Identification Number (NIIN) and National

Stock Number (NSN) respectively which shall be defined as follows:

(1) National Item Identification Number (NIIN). The number assigned to each approved Item

Identification under the Federal Cataloging Program. It consists of nine numeric characters, the first two of which https://www.cnic.navy.mil/regions/cnrma/om/contractor_verification_system.html http://www.navsea.navy.mil/MARMC/default.aspx are the National Codification Bureau (NCB) Code. The remaining positions consist of a seven digit non-significant number.

(2) National Stock Number (NSN). The National Stock Number (NSN) for an item of supply consists of the applicable four-position Federal Supply Class (FSC) plus the applicable nine-position NIIN assigned to the item of supply.

C-211-H001 ACCESS TO THE VESSEL(S) (NAVSEA) (OCT 2018)

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.

C-211-H002 DRY-DOCK CERTIFICATION (NAVSEA) (OCT 2018)

The dry-docking of all vessels shall be accomplished in dry docks certified in accordance with MIL-STD-1625D(SH) dated 27 August 2009 as invoked by NAVSEA Standard Item 009-01 dated 18 November 2016. A copy of Standard

Item (SI) 009-01 can be obtained from the internet by going to http://www.navsea.navy.mil/Home/RMC/CNRMC/OurPrograms/SSRAC/NSI/ and selecting the NAVSEA Standard

Items (NSI) tab then select the applicable FY standard item link and then select SI 009-01.

C-211-H004 HEAVY WEATHER PLAN (NAVSEA) (OCT 2018)

(a) In order to ensure that Naval vessel(s), material and Government…