Conformed N5005421R0011 A0004.pdf

CODE

(Hour)

PAGE(S)

until 12:00 PM local time 23 Nov 2021

X

A

X B

X C X D

EX

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F 101 - 112

113 - 128

X H 129 - 136

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 1 136

(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 - 22

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

23 - 53

54 - 55

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

56 - 58

59 - 62 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 63 - 71 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 72 - 77 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

78 - 99

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

07 Oct 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N5005421R0011

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

TYCOM Work Items

FFP

Prepare for and accomplish repair and alterations onboard USS GRAVELY (DDG-

107) during the FY22 ISRA.

The Contractor shall provide all labor, materials, facilities, supervision, and equipment to meet the requirements outlined in Section C – Statement of Work.

NET AMT

0001AA

1 Job

TYCOM

FFP

FOB: Destination

PSC CD: J998

0001AB

TYCOM 10% Growth

FFP

10% growth associated with 0001AA

0001AC

OPTION TYCOM Remainder Growth

FFP

Remainder growth associated with 0001AA.

PEO IWS Work Items

0002AA

PEO IWS

FFP

0002AB

RESERVED

NAVSUP Work Items

0003AA

NAVSUP

FFP

0003AB

PEO IWS Work Items equipment to meet the requirements outlined in Section C – Statement of Work.1

0004AA

PEO IWS

FFP

0004AB

NSWPCD Work Items

0005AA

NSWPCD

FFP

0005AB

PMS 407 Work Items

0006AA

PMS 407

FFP

0006AB

Bargelant Work Items

0007AA

OPTION Bargelant (Electric)

FFP

0007AB

OPTION Bargelant (Steam)

FFP

CDRLs

FFP

NOTE A

NOTE A: LEVEL OF EFFORT TO COMPLETION –SHIP REPAIR

1. The Contractor agrees to provide the level of effort to completion (LOE to Completion) in the performance of growth CLINs in the execution of the USS GRAVELY DDG-107 FY22 ISRA.

a. 4,539 direct labor hours (labor hours) and $154,071 ($TBD fully burdened) materials to complete expected, within scope growth work on the USS GRAVELY DDG-107 FY22 ISRA work package under CLINs 0001AB, 0001AC.

2. The total LOE to Completion for the performance of the above growth CLINs shall be comprised of labor hours and the associated material required to support the expected, within scope growth. The mix of labor hours and material may be adjusted. Adjustments to the labor hour and material mix will be documented via weekly

Technical Direction Letter (TDL) and subsequently unilaterally adjusted via contract modification. The

Government reserves the right to reconcile the weekly TDLs via unilateral modification at the Administrative

Contracting Officer’s (ACO) discretion.

3. LOE to completion obligations specified above shall only include effort performed in direct support of this contract and shall not include time and effort expended on such things as (local travel to and from an employee's usual work location), uncompensated effort while on travel status, truncated lunch periods, work (actual or inferred) at an employee's residence or other non-work locations.

4. LOE to Completion labor hours and material are within scope and pricing of this contract and are not subject to an equitable adjustment under FAR 52.243-1 ‘Changes – Fixed Price’ or DFARS 252.217-7003 ‘Changes’. The utilization of LOE to Completion is at the discretion of the Contracting Officer and subject to the schedule phasing identified in Note F.

5. If, in the opinion of the Contractor, any effort directed in the Growth Management Request Form (GMR) calls for effort outside the scope of the contract, the Contractor shall notify the Administrative Contracting Officer

(ACO) in writing within two (2) working days after the receipt of any such direction. In the event of a cost dispute, the ACO may unilaterally authorize hours and material against LOE work. The Contractor shall not proceed with the work directed by the GMR unless and until the Contractor is notified by the ACO to proceed with the directed work. The Contractor is required to proceed with the directed work as directed by the ACO.

Thereafter, any remaining disagreement shall be addressed in accordance with FAR 52.233-1(Alt. 1) ‘Disputes.’

Additionally, if the cost of performing the disputed direction exceeds $100,000, the Contractor is required to comply with FAR 52.243-6 ‘Change Order Accounting.’

6. The labor hours and material requirements listed in Section B, Note A, paragraph 1 above are part of this contract. Prime contractor efforts shall be deducted from the labor hours allocated. Subcontractor efforts and materials shall be deducted from the materials allocated. The balance of labor hours and materials remaining in the LOE to Completion CLINs will be recouped by the Government via final contract modification at the end of the availability.

7. Only authorized direct production labor hours shall be deducted from the LOE to Completion direct labor hour ceiling set forth in Section B, Note A, paragraph 1 above. Per Note B paragraph 2 below, all non-production labor shall be included in the Contractor’s fully burdened labor rate. Non-production hours shall not be included in pricing submitted in support of growth issued under the LOE to Completion CLINs. Additionally, Contractor

LOE to Completion pricing shall not include any allowance for technical representatives or for any other

Government directed source unless specifically directed by the Contracting Officer.

8. Only authorized material dollars shall be deducted from LOE to Completion material reservation set forth in

Section B, Note A, paragraph 1 above. This material reservation consists of the total cost of materials and subcontractor efforts proposed. All subcontractor quotes shall be included in the Change Order Price Analysis

(COPA) as per Section C. Material dollars may include freight or duties if specifically itemized on the invoice for the material. The Contractor shall not be allowed to add material handling charges, overhead

(including G&A), or profit into the settled cost of materials deducted from the material reservation.

9. The information received in the consolidated final report required by Section C paragraph 6.6 will be used by the ACO in the issuance of one contract modification based on the information received in the final report identified in Section C below, which will be a final settlement for all LOE to Completion labor hours and material dollars. Once the number of labor hours and materials for directed work has been settled, neither party shall be entitled to an adjustment because the expended labor hours and materials differ from the settled price.

This shall not preclude an adjustment otherwise permitted by law and regulation; e.g. fraud, product substitution, defective workmanship or materials. Each directed work shall receive approval by the

SUPERVISOR and the ACO. (“SUPERVISOR” as defined in NAVSEA Standard Item (NSI) 009-01, paragraph 4.3, refers to the local Government activity responsible for the execution and contract administration of Navy maintenance and modernization work.)

NOTE B

NOTE B: FIXED SHIP REPAIR LABOR AND MATERIAL BURDEN RATES FOR 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 growth and new work to be performed under this contract. The contractor agrees that the number of hours included in its price proposal submitted in response to Requests for Contract Changes (RCCs), Growth Management Requests (GMRs) and

Reservation Task Requests (RTRs) 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, (i.e. straight time, overtime, shift differential, holiday time, etc.), 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 incorporated into the repaired vessel in the course of the repair, such as replacement steel, pipes, paint, and fasteners. The material burden rate applies 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 growth and new work 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 COPA in response to RCCs, GMRs and 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 (not associated labor required within the RCC) shall not be subject to the

Material Burden Rate. Any material burden rate applied to new work shall be approved by the ACO, upon receipt of supporting documentation in accordance with FAR 15.404-3, Subcontract Pricing Considerations.

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 growth and new work during the availability and up to three (3) months after the Attachment J-3 ‘Contract Complete’ date:

USS GRAVELY DDG-107 FY22 ISRA

Fully Burdened Ship Repair Labor Rate TBD

Material Burden Rate TBD

8. In the event of a one-bid or directed availability, the Contracting Officer may negotiate the Fully Burdened

Ship Repair Labor Rate and Material Burden Rate (not to exceed the ceiling rate(s) identified above) with the offeror in accordance with FAR 15.4, Contract Pricing. The rates herein are not considered a Forward Pricing

Rate Agreement (FPRA) and are identified solely for the purpose of establishing a ceiling.

9. In the event of an extension due to excusable delay to the delivery date for the USS GRAVELY DDG-107 FY22

ISRA, the Contractor’s fully burdened ship repair labor rate shall be escalated by 0.58 % and 0.58 %, respectively, commencing 3 months after the Attachment J-3 ‘Contract Complete’ date. Following the ‘Contract Complete’ date identified in Attachment J-3, this rate shall be escalated quarterly through the 24th month, if necessary, and shall be used to negotiate all growth and new work. Note, in the event of an excusable delay, this escalation rate shall be applied only to growth and new work not previously identified in Attachment J-4 (Pricing Workbook). The material burden rate shall not increase.

NOTE C

NOTE C: OPTION ITEMS

Option item to which the option clause FAR 52.217-7 (NAVSEA Variation II) applies and which is to be supplied only if and to the extent said option is exercised.

NOTE D

NOTE D: SCHEDULE OF DAILY RATES FOR PIERSIDE (FULLY BURDENED) FOR PURPOSES OF A

COMPENSABLE EXTENSION TO THE PIERSIDE DATE

1. In the event of a compensable extension to the pierside performance period at the Contractor’s facility,the

Contractor’s fully burdened daily rates for the additional pierside performance period at the Contractor’s facility will be evaluated by the ACO upon receipt of the Contractor’s certified or other than certified cost or pricing data

(certification requirements are subject to FAR 15.403).

2. The Contractor agrees that the daily rates shall include all costs that run with time associated with additional performance days in accordance with the work package specification requirements of this availability. The daily rates shall include all costs associated with additional performance days (whether charged directly or indirectly by the offeror’s accounting systems) including but not limited to:

Temporary Services, including but not limited to:

o Decking services o Pumping services o Electricity

Internet Connectivity

Air Conditioning

Support Services for the Navy, its agents and Contractors

Facilities, including but not limited to:

o Piers o Office spaces o Trailers o Parking o Flammable Liquid Storage and Hazardous Material Storage o Material Warehousing and Lay-down space

Project Management and other labor costs that run with time including but not limited to:

o Program Management o Supervision o Integration & Scheduling o Cleaning (except tank cleaning) o Quality Assurance o Execution Planning o Security o Administration o Contracts o Purchasing o Other indirect support o Safety/Environmental o Transportation

3. The fully burdened daily rates are fixed rates that include all wages, overhead, other indirect costs, general and administrative expenses, Facilities Capital Cost of Money (FCCOM) and profit.

4. The proposed, fully burdened daily rates for pierside may be used during the availability’s extension period, up to

24 months after the ‘Contract Complete’ date identified in Attachment J-3 (Milestones). If the use of these extension rates is determined to be warranted by the ACO during execution, the Contractor shall submit certified or other than certified cost or pricing data to support the rates (certification requirements are subject to FAR 15.403).

USS GRAVELY DDG-107

FY22 ISRA

Additional Day Requiring

Availability Extension

Additional Day Does Not Require

Availability Extension

Additional Pierside Day TBD

5. The Contractor bears the burden of proving the requested extension is compensable in accordance with this contract, and establish the duration of compensability through schedule analysis utilizing the Attachment J-3 establishing impact to critical path and/or controlling work items. The Contractor agrees that, in the event of such an extension, a bilateral modification will be executed with the price of the extension calculated as follows:

Total Price of Extension = D(e) * (P/D)

D(e) = Agreed Extension Days to the Delivery Date

(P/D) = Price/Day

6. The (P/D) will be utilized for any modifications to extend the contract in the event of compensable delay impacting the pierside period, regardless of the number of modifications or the number of days required to meet the Schedule Milestone ‘Contract Complete’ within 24 months of the ‘Contract Complete’ date. If the Contracting Officer determines a delay in meeting the Schedule Milestone is not compensable, no modification will be executed and the Contractor will be directed to continue work until certified ‘Contract

Complete’ by the RMC.

7. In the event the Contracting Officer determines the delay is concurrent, but clearly apportioned, a bilateral modification will be executed with the price calculated as follows:

Total Price of Extension = (D(g) - (D(c)) * (P/D)

D(g) = Government Responsible Delay (measured in days)

D(c) = Contractor Responsible Delay (measured in days)

(P/D) = Price/Day

The values for D(g) and D(c) will be determined by the Contracting Officer.

8. If the Contracting Officer determines the delay is excusable, a modification will be executed to extend the

Delivery Date, however, the Contractor shall not be entitled to recover a Daily Extension Rates.

9. All terms and conditions under the contract apply to all modifications extending the delivery date. If the

Contracting Officer and Contractor are unable to reach agreement regarding duration or compensability, the

Government reserves the right to execute a unilateral modification utilizing the parameters outlined in paragraphs 5 through 8 above. Failure to agree on whether a compensable extension is appropriate or the duration of any delivery date extension shall be a dispute subject to the requirements of FAR 52.233-1(Alt. 1)

‘Disputes.’

NOTE E

NOTE E: SPECIAL AGREEMENT FOR GROWTH WITH A PRICE OF $25,000 OR LESS

1. To make administration of small dollar value growth more efficient and less costly, both parties (Government and Contractor) agree to a pre-priced value for individual growth items with an estimated price of $25,000 or less. The Contract will include a firm fixed price for growth valued at $25,000.00 or less. Zero-dollar changes and administrative contract changes (for example, drawing revision change where no additional work is required) shall not be executed using the Small Dollar Value Growth procedures, but will follow the change process.

2. The amount included in this Contract for the growth described above shall be equal to a maximum quantity of:

a. 37 occurrences for growth work computed at a firm fixed price of $8,174 per occurrence, as associated with CLINs 0001AB, and 0001AC of the USS GRAVELY DDG-107 FY22 ISRA.

3. The Contractor shall report proposed growth work through the normal CFR process and submit a Class F estimate as part of its CFR submission. If the Contracting Officer determines the proposed work is within-scope growth and accepts the CFR as written, all estimates $17,500, or less, will be authorized through bilateral execution of GMR. In the event the scope is disputed or the Class F estimate submitted is greater than $17,500, the ACO, with coordination from the Project Manager, shall use best efforts to determine if the proposed growth is $25,000 or less, and document the agreed to technical scope of work. The Government may also independently identify growth work. The Contracting Officer shall direct commencement of all growth work.

Directed growth will be followed by documentation to appropriately reflect specification changes.

4. If the Contractor and Contracting Officer are not able to reach agreement that the price of the growth work is

$25,000, or less, then it will be adjudicated through the LOE to Completion process identified in Section B, Note A. However, if negotiations reveal the value of growth work is $25,000, or less, the directed work will be settled in accordance with the Small Dollar Value Growth procedure at the pre-priced value per occurrence identified in Section B, Note E, Paragraph 2, above.

5. The Contractor and Contracting Officer shall develop a growth tracker to identify and record the number of directed occurrences under this Note. All growth meeting the criteria of paragraph 1 above shall be accepted under this clause without delay and disruption in ship redelivery.

6. When the quantity of occurrences for Small Dollar Growth is depleted, the Small Dollar Growth process shall revert to the LOE to Completion process for remaining growth.

7. Within 30 days after the ‘Contract Complete’ date, the Contractor and Contracting Officer, utilizing the growth work tracker, shall determine the number of pre-priced occurrences not directed under this contract. Accordingly, the Contracting Officer will decrease the contract price via contract modification by an amount calculated by multiplying the remaining number of occurrences by the pre-established firm fixed price per occurrence.

NOTE F

NOTE F: AVAILABILITY SCHEDULE PERFORMANCE

1. The Contractor shall schedule the performance of all Base and Option items in the work package, so as to permit a contract scope increase up to the:

Total contract number of labor hours and material dollars to complete growth work as described in NOTE

A: LEVEL OF EFFORT TO COMPLETION –SHIP REPAIR, paragraph 1.

Total contract number of Small Value Dollar Growth occurrences as described in NOTE E: SPECIAL

AGREEMENT FOR GROWTH WITH A PRICE OF $25,000 OR LESS, paragraph 2.

2. The Contractor agrees that the growth work identified in Section B, Note F, Paragraph 1, above, if tasked, shall be performed, purchased and installed 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 work 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 50% of the hours or material following the 50% schedule point of the availability (as measured in days between the “Availability Start” and “Contract Complete” milestones in Attachment J-3 adjusted for delay to delivery date.

No more than 25% of the hours or material following the 75% schedule point of the availability (as measured in days between the “Availability Start” and “Contract Complete” milestones in Attachment J-3 adjusted for delay to delivery date.

CLAUSES INCORPORATED BY FULL TEXT

B-215-H002 REFUNDS (SPARES AND SUPPORT EQUIPMENT) (NAVSEA) (OCT 2018)

(a) In the event that the price of a spare part or item of support equipment delivered under this contract significantly exceeds its intrinsic value, the Contractor agrees to refund the difference. Refunds will not be made to recoup the amount of cost decreases that occur over time due to productivity gains (excluding economic purchase quantity considerations) or changes in market conditions.

(b) For purposes of this requirement, the intrinsic value of an item is defined as follows:

(1) If the item is one which is sold or is substantially similar or functionally equivalent to one that is sold in substantial quantities to the general public, intrinsic value is the established catalog or market price, plus the value of any unique requirements, including delivery terms, inspection, packaging, or labeling.

(2) If there is no comparable item sold in substantial quantities to the general public, intrinsic value is defined as the price an individual would expect to pay for the item based upon an economic purchase quantity as defined in FAR

52.207-4, plus the value of any unique requirements, including delivery terms, inspection, packaging or labeling.

(c) At any time up to two years after delivery of a spare part or item of support equipment, the Contracting Officer may notify the Contractor that based on all information available at the time of the notice, the price of the part or item apparently exceeds its intrinsic value.

(d) If notified in accordance with paragraph (c) above, the Contractor agrees to enter into good faith negotiations with the Government to determine if, and in what amount, the Government is entitled to a refund.

(e) If agreement pursuant to paragraph (d) above cannot be reached, and the Navy's return of the new or unused item to the Contractor is practical, the Navy, subject to the Contractor's agreement, may elect to return the item to the Contractor.

Upon return of the item to its original point of Government acceptance, the Contractor shall refund in full the price paid.

If no agreement pursuant to paragraph (d) above is reached, and return of the item by the Navy is impractical, the

Contracting Officer may, with the approval of the Head of the Contracting Activity, issue a Contracting Officer's final decision on the matter, subject to Contractor appeal as provided in the "Disputes" clause (FAR 52.233-1).

(f) The Contractor shall make refunds, as required under this requirement, in accordance with instructions from the

Contracting Officer.

(g) The Contractor shall not be liable for a refund if the Contractor advised the Contracting Officer in a timely manner that the price it would propose for a spare part or item of support equipment exceeded its intrinsic value, and with such advice, specified the estimated proposed price, the estimated intrinsic value and known alternative sources or item, if any, that can meet the requirement.

(h) This requirement does not apply to any spare parts or items of support equipment whose price is determined through adequate price competition. This requirement also does not apply to any spare part or item of support equipment if the

Contractor submitted, and certified the currency, accuracy and completeness of, cost or pricing data applicable to the item.

(End of text)

B-227-H001 PROVISIONING TECHNICAL DOCUMENTATION – WITHHOLDING OF PAYMENT

(NAVSEA) (OCT 2018)

(a) For the purpose of paragraph (c) of the "Progress Payments" clause of this contract, if included, the requirement that the Contractor develop and deliver Provisioning Technical Documentation (PTD) is considered to be a "material requirement of this contract," and Contractor failure to make adequate progress in the development of PTD, or to deliver acceptable PTD on a timely basis, may result in reduction or suspension of Progress Payments as provided in said paragraph.

(b) The PTD is considered to be a part of the "Technical Data" specified to be delivered under this contract for the purposes of the "Technical Data--Withholding of Payment" (DFARS 252.227-7030) clause. The terms and conditions of the clause entitled "Limitation On Withholding of Payments (FAR 52.232-9), if included in this contract, shall not apply to withholding of payment for failure to make timely delivery of the PTD or delivery of deficient PTD.

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.

Section C - Descriptions and Specifications

SCOPE OF WORK

1. GENERAL REQUIREMENTS

1.1 The Contractor, under the direction of the Regional Maintenance Center (RMC) 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 prepare and accomplish the repairs and alterations required to complete the USS GRAVELY DDG-107 FY22 ISRA in accordance with the requirements stated in this Section, the Work Item Specifications and Work Item Plans, Drawings, and Other References, the Delivery Schedule, and all other terms and conditions set forth in this contract. The Contractor shall lead or participate in periodic meetings, as required, to facilitate status reporting related to USS GRAVELY DDG-107 FY22 ISRA. Forums will be conducted at a time mutually agreed to by primary participants. These meetings include, but are not limited to, the following from Availability Start through Contract Complete:

1.1.1 Project Management Reviews such as the 25%, 50%, 75%, and other meetings required to manage the overall availability to completion.

1.1.2 Daily Production meetings.

1.1.3 Weekly Progress meetings.

1.1.4 Weekly Commanding Officer briefs.

1.1.5 Integrated Project Team Development (IPTD) C+21 days Post-Completion Meeting.

1.1.6 Provide all reports, required in accordance with NSI 009-01.

1.2 Category I NSIs identified under Attachment J-1are applicable to all items without further reference.

Category II NSIs are applicable when invoked and/or referenced in individual work items specified in

Attachment J-1 may be found at:

http://www.navsea.navy.mil/Home/RMC/CNRMC/OurPrograms/SSRAC/NSI.aspx. Contractor is obligated to submit all required reporting in accordance with applicable NSIs (See Contract Data Requirements List, DD

1423, Exhibit A003).

1.3 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 FAR 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//

1.4 RESERVED

1.5 The Contractor shall provide an integrated milestone plan for the availability. These milestones will include a schedule of key events necessary to meet the contract delivery date. 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 USS GRAVELY DDG-107 FY22

ISRA within the Availability dates herein.

1.6 INTEGRATED PRODUCTION SCHEDULE DEVELOPMENT, UPDATE, AND REVIEWS:

1.6.1 The Contractor shall formally present its IPS to the Navy Supervisory Authority (NSA) at the WPER, Start of the Availability, 25% complete conference, 50% complete conference, 75% complete conference, production completion meetings, and for pre Sea Trials requirements.

1.6.1.1 The Contractor's latest, Government approved, IPS shall be created in full compliance with

NSI 009-60

1.6.1.2 The Contractor's shall present its current progress in preparing for and/or executing the

Availability in accordance with its IPS. The Contractor shall provide an explanation and mitigation plan in the event of any preparation or execution delays in comparison to its IPS.

1.6.1.2.1 The Contractor's plan shall describe opportunities for schedule acceleration, associated costs, and potential risks and mitigations to remaining schedule attainment.

1.6.2 RESERVED

1.6.3 RESERVED.

1.6.4 RESERVED.

1.7 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, technical manual revisions, and purchase orders. (See CDRLs A005, B001 – B009 and C001 – C002).

1.8 SMALL BUSINESS SUBCONTRACTING REPORT: The Contractor shall execute a Small Business

Subcontract Report in accordance with FAR Part 19 and the subcontracting goals identified in the RFP (See

CDRL A001).

1.9 SITE INSPECTION: The Government may send a site inspection team to perform an inspection of the contractor's facility prior to arrival of the vessel.

1.10 GOVERNMENT FURNISHED MATERIAL (from Availability Start to Contract Complete): The contractor is to coordinate the delivery and/or pick-up of all Government Furnished Material (GFM) as cited in work specification(s), supporting drawings, references and/or Statement of Work (SOW) with the

Project Manager (See CDRL A011).

1.10.1 Turnover of GFM:

1.10.1.1 NAVSEA GFM for Modernization Work Items: All NAVSEA GFM for Modernization

Work Items will be available at A-30 unless otherwise noted in Attachment J-8). The Contractor is required to coordinate turnover of NAVSEA GFM with the Project Manager following contract award.

1.10.1.2 TYCOM GFM for Repair Work Items: All TYCOM GFM will be available at A-30, unless otherwise noted in Attachment J-8. The Contractor is required to coordinate turnover of TYCOM

GFM with the Project Manager following award.

1.10.2 In the event of a claim and/or request for equitable adjustment arising out of a late or adjusted turnover of GFM, the Contractor bears the burden of proving both delay and resulting impact to critical and/or controlling path work items.

1.10.3 GFM transportation costs shall be included in the contract. Change order will only be issued if there is a Government caused change to pick-up date(s). Government property permanently removed from a vessel that requires a Property Administrator's disposition instructions shall be properly prepared for shipment and be delivered as directed by the Property Administrator. GFM is listed in paragraph 5 of the

Work Item(s) and in Attachment J-8.

1.10.4 The Contractor is required to manage all GFM and CFM which includes purchasing, monitoring, receiving, inspecting, segregating, issuing, determining nonconformance, and disposing of material. This also includes providing an inventory system for both Government Furnished Material and Contractor

Furnished Material, including ordering, tagging and warehousing of material. All materials selected for installation must meet the specified standard military performance specifications, Federal performance standards, and may require to be listed on a Qualified Products List (QPL) for shipboard installations.

1.11 QUALITY ASSURANCE

1.11.1 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 DFARS 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 progress payments for said work and material (See CDRL A006).

1.11.2 Quality Assurance – Specific Reporting Requirements: The Contractor shall submit all required reporting in accordance with Category I and invoked category II NSIs, including, but not limited to:

1.11.2.1 The Contractor shall submit all required reports associated with NSI 009-07, regarding opening and certification of tanks and spaces, in accordance with CDRL A007.

1.11.2.2 The Contractor shall meet all Process Control Procedure (PCP) reporting requirements in accordance with NSI 009-09 and CDRL A008.

1.11.2.3 The contractor shall meet all technical reporting requirements including those set forth in

NSI 009-12 (See CDRL A009).

1.11.2.4 The Contractor shall meet all requirements relating to weight and stability reports for in-service surface ships in accordance with NSI 009-103 and CDRL A014.

1.11.3 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.

1.12 IDENTIFICATION OF CONDITION FOUND: In accordance with the requirements of NSI 009-01, the

Contractor shall identify needed repairs and recommend corrective action during contract performance for work/deficiencies discovered which are not covered by the existing work package. For conditions that impact the critical path(s) /controlling item(s), the Contractor shall notify the Government via electronic media within

24-hours of discovery. This initial notification need not include all content required for a Condition Found

Report (CFR), but must include a description of the condition/deficiency and an estimated timeframe for the offeror's professional recommendation for resolution, which shall not exceed five (5) working days as specified below. Recommended repairs and corrective actions shall be submitted to the Government in the form of a CFR

(intended to represent the "Work Request" described in DFARS 252.217-7028 “Over and Above Work”) per

CDRL A002.

1.12.1 CONDITION FOUND NOTIFICATION TO GOVERNMENT: CFRs shall be submitted through the Navy Maintenance Database Re-platform (NMDR) within five (5) working 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.

1.12.2 GOVERNMENT REVIEW AND RESPONSE TO CFR: The Maintenance Team will review the

CFR. If the CFR is inadequate or incomplete, it will be rejected with time continuing to accrue (relative to five (5) working 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, QASP.

1.13 DATA REQUIRED FOR 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 three (3) business 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 three (3) business 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.

1.14 DESCOPING OF REQUIREMENTS: The Government reserves the right to descope any requirement under this contract at any time and for any reason. Descopes 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-4 Pricing

Workbook for negotiating and settling RCCs.

1.14.1 Pricing of Deletion RCCs: The Contractor agrees to price deletion RCCs at the same labor rate proposed in Attachment J-4 Pricing Workbook, as follows:

1.14.1.1 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-4;

1.14.1.2 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-4.

1.14.2 Settled Descope Price:

1.14.2.1 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-4. The burden is on the Contractor to demonstrate production costs incurred.

Program management and other indirect costs will not be considered.

1.14.2.2 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.

1.15 MODIFICATION NEGOTIATION: Once the Government receives the Contractor’s COPA, it will evaluate and negotiate it in accordance with applicable Agency regulations and policies. 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.

1.16 NAVY MAINTENANCE DATABASE (NMD): The Contractor shall use NMD for the submission of

Condition Found Reports throughout the administration of this contract. In addition to the submission of reports, the contractor shall also utilize NMD to enter in data fields for check points (scheduling, inspection data, and inspection results), entering test and inspection plan (TIP) data, entering and adjudicating Corrective

Action Requests (CAR) information, and CFR and Required Report submittal and management inside the program. NMD is located at https://mfom.sscno.nmci.navy.mil/MFOM/DodStatement.aspx. When required, the Contractor shall have access to and use Naval Ships Engineering Drawing Repository (NSEDR), Electronic Departures from Specifications

(EDFS), and other logistic support required throughout the administration of this contract per the CDRLs and standard items invoked at the time of contract award.

1.17 ORGANIZATION CHART AND EMPLOYEE ROSTER:

` 1.17.1 ORGANIZATION CHART: Within 30 days of contract award, the Contractor shall submit a chart detailing each management, technical, engineering and…