N55236-17-R-0011_Submarine_IDIQ.pdf
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- N55236-17-R-0011
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Solicitation N55236-17-R-0011 Submarine IDIQ
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CODE
(Hour)
PAGE(S)
until 11:00 AM local time 12 Jun 2017
X
A X B X C X D
EX
X
G F 64 - 72
73 - 82 X H 83 - 88 billie.crockett@navy.mil
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 88
(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.
N55236 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 2 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
NBSD BLD 77 RM 108
conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
BILLIE P CROCKETT 619-556-4855
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 13
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
14 - 33 34 - 35
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
36 - 38 39 - 41
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 42 - 46 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 47 - 55 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
56 - 62
PART II - CONTRACT CLAUSES
SOUTHWEST REGIONAL MAINTENANCE CENTER
CODE 410 3755 BRINSER STREET, STE 1
SAN DIEGO CA 92136
(619) 556-4708
(619) 556-2331FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.
SUBMARINE0011
5. DATE ISSUED
12 May 2017
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
N55236-17-R-0011
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
CLIN
Number
UNDEFINED
SUBMARINE REPAIR AVAILABILITIES
FFP
FIRM FIXED PRICE (FFP) - BASE YEAR.
Accomplish depot level maintenance and repair availabilities of U.S. Navy Submarines visiting or homeported in San Diego, California as specified in each task order.
Estimated Man-hours 10,800 HRS Fully Burdened Labor Hour Rate $_____________ (Rate shall include wages, indirect costs, general and administrative expense, and profit.)
TOTAL LABOR $____________
(Estimated Manhours multiplied by Fully Burdened Labor Hour Rate) Estimated Materials (including subcontracts) $85,000.00 Material Handling Rate (if applicable) ___________% Material Handling Cost $___________ (Estimated Materials multiplied by Material Handling Rate)
TOTAL MATERIAL $____________
(Estimated Materials plus Material Handling Cost)
TOTAL LABOR & MATERIAL $____________
FOB: Destination
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
CLIN
OVER AND ABOVE WORK
FFP
FIRM FIXED PRICE (FFP) - BASE YEAR
The work called for under these items shall be accomplished in accordance with the over and above work orders issued by the Administrative Contracting Officer pursuant to DFARS 252.217-7028, Over and Above Work.
Estimated Man-hours 1,620 HRS Fully Burdened Labor Hour Rate $_____________ (Rate shall include wages, indirect costs, general and administrative expense, and profit.)
TOTAL LABOR $____________
(Estimated Manhours multiplied by Fully Burdened Labor Hour Rate) Estimated Materials (including subcontracts) $12,750.00 Material Handling Rate (if applicable) ___________% Material Handling Cost $___________ (Estimated Materials multiplied by Material Handling Rate)
TOTAL MATERIAL $____________
(Estimated Materials plus Material Handling Cost)
TOTAL LABOR & MATERIAL $____________
PURCHASE REQUEST NUMBER: SUBMARINE0011
UNIT UNIT PRICE MAX AMOUNT
CLIN
OPTION SUBMARINE REPAIR AVAILABILITIES
FFP
FIRM FIXED PRICE (FFP) - OPTION YEAR 1.
Accomplish depot level maintenance and repair availabilities of U.S. Navy Submarines visiting or homeported in San Diego, California as specified in each task order. See Note B Estimated Man-hours 11,124 HRS Fully Burdened Labor Hour Rate $_____________ (Rate shall include wages, indirect costs, general and administrative expense, and profit.)
TOTAL LABOR $____________
(Estimated Manhours multiplied by Fully Burdened Labor Hour Rate) Estimated Materials (including subcontracts) $87,550.00 Material Handling Rate (if applicable) ___________% Material Handling Cost $___________ (Estimated Materials multiplied by Material Handling Rate)
TOTAL MATERIAL $____________
(Estimated Materials plus Material Handling Cost)
TOTAL LABOR & MATERIAL $____________
UNIT UNIT PRICE MAX AMOUNT
CLIN
OPTION OVER AND ABOVE WORK
FFP
FIRM FIXED PRICE (FFP) - OPTION YEAR 1
The work called for under these items shall be accomplished in accordance with the over and above work orders issued by the Administrative Contracting Officer pursuant to DFARS 252.217-7028, Over and Above Work. See Note B Estimated Man-hours 1,669 HRS Fully Burdened Labor Hour Rate $_____________ (Rate shall include wages, indirect costs, general and administrative expense, and profit.)
TOTAL LABOR $____________
(Estimated Manhours multiplied by Fully Burdened Labor Hour Rate) Estimated Materials (including subcontracts) $13,133.00 Material Handling Rate (if applicable) ___________% Material Handling Cost $___________ (Estimated Materials multiplied by Material Handling Rate)
TOTAL MATERIAL $____________
(Estimated Materials plus Material Handling Cost)
TOTAL LABOR & MATERIAL $____________
UNIT UNIT PRICE MAX AMOUNT
CLIN
FFP
FIRM FIXED PRICE (FFP) - OPTION YEAR 2.
Accomplish depot level maintenance and repair availabilities of U.S. Navy Submarines visiting or homeported in San Diego, California as specified in each task order. See Note B Estimated Man-hours 11,458 HRS Fully Burdened Labor Hour Rate $_____________ (Rate shall include wages, indirect costs, general and administrative expense, and profit.)
TOTAL LABOR $____________
(Estimated Manhours multiplied by Fully Burdened Labor Hour Rate) Estimated Materials (including subcontracts) $90,177.00 Material Handling Rate (if applicable) ___________% Material Handling Cost $___________ (Estimated Materials multiplied by Material Handling Rate)
TOTAL MATERIAL $____________
(Estimated Materials plus Material Handling Cost)
TOTAL LABOR & MATERIAL $____________
UNIT UNIT PRICE MAX AMOUNT
CLIN
FFP
FIRM FIXED PRICE (FFP) - OPTION YEAR 2
The work called for under these items shall be accomplished in accordance with the over and above work orders issued by the Administrative Contracting Officer pursuant to DFARS 252.217-7028, Over and Above Work. See Note B Estimated Man-hours 1,719 HRS Fully Burdened Labor Hour Rate $_____________ (Rate shall include wages, indirect costs, general and administrative expense, and profit.)
TOTAL LABOR $____________
(Estimated Manhours multiplied by Fully Burdened Labor Hour Rate) Estimated Materials (including subcontracts) $13,526.00 Material Handling Rate (if applicable) ___________% Material Handling Cost $___________ (Estimated Materials multiplied by Material Handling Rate)
TOTAL MATERIAL $____________
(Estimated Materials plus Material Handling Cost)
TOTAL LABOR & MATERIAL $____________
UNIT UNIT PRICE MAX AMOUNT
CLIN
FFP
FIRM FIXED PRICE (FFP) - OPTION YEAR 3.
Accomplish depot level maintenance and repair availabilities of U.S. Navy Submarines visiting or homeported in San Diego, California as specified in each task order. See Note B Estimated Man-hours 11,801 HRS Fully Burdened Labor Hour Rate $_____________ (Rate shall include wages, indirect costs, general and administrative expense, and profit.)
TOTAL LABOR $____________
(Estimated Manhours multiplied by Fully Burdened Labor Hour Rate) Estimated Materials (including subcontracts) $92,882.00 Material Handling Rate (if applicable) ___________% Material Handling Cost $___________ (Estimated Materials multiplied by Material Handling Rate)
TOTAL MATERIAL $____________
(Estimated Materials plus Material Handling Cost)
TOTAL LABOR & MATERIAL $____________
UNIT UNIT PRICE MAX AMOUNT
CLIN
FFP
FIRM FIXED PRICE (FFP) - OPTION YEAR 3
The work called for under these items shall be accomplished in accordance with the over and above work orders issued by the Administrative Contracting Officer pursuant to DFARS 252.217-7028, Over and Above Work. See Note B Estimated Man-hours 1,770 HRS Fully Burdened Labor Hour Rate $_____________ (Rate shall include wages, indirect costs, general and administrative expense, and profit.)
TOTAL LABOR $____________
(Estimated Manhours multiplied by Fully Burdened Labor Hour Rate) Estimated Materials (including subcontracts) $13,932.00 Material Handling Rate (if applicable) ___________% Material Handling Cost $___________ (Estimated Materials multiplied by Material Handling Rate)
TOTAL MATERIAL $____________
(Estimated Materials plus Material Handling Cost)
TOTAL LABOR & MATERIAL $____________
UNIT UNIT PRICE MAX AMOUNT
CLIN
FFP
FIRM FIXED PRICE (FFP) - OPTION YEAR 4.
Accomplish depot level maintenance and repair availabilities of U.S. Navy Submarines visiting or homeported in San Diego, California as specified in each task order. See Note B Estimated Man-hours 12,155 HRS Fully Burdened Labor Hour Rate $_____________ (Rate shall include wages, indirect costs, general and administrative expense, and profit.)
TOTAL LABOR $____________
(Estimated Manhours multiplied by Fully Burdened Labor Hour Rate) Estimated Materials (including subcontracts) $95,668.00 Material Handling Rate (if applicable) ___________% Material Handling Cost $___________ (Estimated Materials multiplied by Material Handling Rate)
TOTAL MATERIAL $____________
(Estimated Materials plus Material Handling Cost)
TOTAL LABOR & MATERIAL $____________
UNIT UNIT PRICE MAX AMOUNT
CLIN
FFP
FIRM FIXED PRICE (FFP) - OPTION YEAR 4
The work called for under these items shall be accomplished in accordance with the over and above work orders issued by the Administrative Contracting Officer pursuant to DFARS 252.217-7028, Over and Above Work. See Note B Estimated Man-hours 1,823 HRS Fully Burdened Labor Hour Rate $_____________ (Rate shall include wages, indirect costs, general and administrative expense, and profit.)
TOTAL LABOR $____________
(Estimated Manhours multiplied by Fully Burdened Labor Hour Rate) Estimated Materials (including subcontracts) $14,350.00 Material Handling Rate (if applicable) ___________% Material Handling Cost $___________ (Estimated Materials multiplied by Material Handling Rate)
TOTAL MATERIAL $____________
(Estimated Materials plus Material Handling Cost)
TOTAL LABOR & MATERIAL $____________
CLAUSES INCORPORATED BY FULL TEXT
HQ B-2-004 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)
(a) As part of the negotiated fixed price or total estimated amount of this contact, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $500 or less at the time of final contract closeout. The term “residual dollar amount” shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law.
(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.
HQ-B-2-0010 #1 OPTION NOTE (NAVSEA)(SEP 1990)
NOTE B - Option item to which the option clause in SECTION I-2 applies and which is to be supplied only if and to the extent said option is exercised.
HQ B-2-0016 PROVISIONING TECHNICAL DOCUMENTATION – WITHHOLDING OF PAYMENT
(NAVSEA) (SEP 1990)
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 OF 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.
HQ B-2-0022 CONTRACT SUMMARY FOR PAYMENT OFFICE (FIXED PRICE) (FEB 1997)
This entire contract is firm-fixed price.
RMC B-2-0002 PROGRESS PAYMENT RATES (DEC 2015
The progress payment rate for this contract is 90 percent for large business and 95 percent for small business as per 10 USC 23007(g) .
Section C - Descriptions and Specifications
STATEMENT OF WORK
SUBMARINE REPAIR IDIQ
General. The Southwest Regional Maintenance Center, hereafter referred to as “SWRMC,” intends to utilize this contract to order the repair, maintenance, and alteration of U.S. Navy- submarines home ported or visiting San Diego, CA and to procure long lead time material (LLTM) in support of these activities. The Contractor, under the direction of SWRMC as specified in each individual delivery order issued under this contract, and as an independent Contractor and not as an agent of the Government, shall furnish the material, labor, and facilities (except those furnished by the Government under express provisions of this contract) necessary for the accomplishment of this work. Inherent in performing this contract, the Contractor shall provide the supervision and management necessary for efficient and effective administration and control of work performed. The Contractor shall ensure adequate resources are dedicated to satisfy the requirements. “Delivery orders,” will be issued under the resultant contract by the Procuring Contracting Officer.
This statement of work (SOW) is intended to outline the general requirements of the contract. Specific details of work items, deliverables, documentation, training, applicable Government/departmental/industry standards, and other requirements will be specified in individual delivery orders.
The primary purpose of this contract is to accomplish Depot-Level-Maintenance and Repair Availabilities (See below) of submarines home ported or visiting San Diego, CA. Work tasked under this contract shall be in the forward compartment forward of frame 50 for 688 CL submarines. For Virginia and Trident class submarines, work tasked under this contract shall be forward of containment areas. In addition, work shall be non-nuclear and non- SUBSAFE in scope or requirements. All nuclear work is being accomplished by Portsmouth Naval Ship Yard. Nor will this work involve radiological controls or be inside radiological boundaries. No work aft of Frame 50 shall be completed or authorized using this contract.
The types of work/tasking per each delivery order is to include, but are not limited to, the following:
a. Plumbing System Hydro/Cleaning
b. Sheet Metal Services: Lockers, Miscellaneous Equipment Manufacturing, Latches/Drawers/Catches
c. Upholstery Services
d. Locksmith Services
e. Interior Decking Services: PRC, Vinyl Tile, Carpet, Electrical Grade Matting
f. Exterior Non-skid Replacement
g. Staging W/Environmental Wrap
h. DSRV Seating Surface Preserve/Paint
i. Plastisol Services
j. Decorative Wall Coverings
k. Rudder Staging
l. Temp Services; Blowers and Hoses, Dewatering Services
m. Tank Cleaning Services Forward Frame 50
n. Sonar Dome Cleaning/Staging
p. Pier Side Support Services: Diesel Generators, Reefer/Freezer, HPAC/LPAC, Air Dryers
No contracted work requiring a Process Controlled Procedure (PCP) forward of Frame 50 shall be completed using this contract. Contracted pier side support services will be supplied to PNS Det San Diego as NSA/LMA for turnover and hook-up to individual submarines.
a. Maintenance and Repair Availabilities. Continuance Maintenance Availability (CMAV) and Docking Continuance Maintenance Availability (DCMAV)- are examples of the work intended to be accomplished under this contract Interdeployment upkeep work may be ordered during the performance of this contract.
b. The Government will provide the following facilities (unless otherwise specified in an Individual delivery order) for the performance of work:
1. Pierside Availabilities (e.g. CMAVs.,)-submarines will be berthed at Naval Submarine Base Point Loma, CA piers.
2. Docking Availabilities (e.g. DCMAVs)-submarines will be dry-docked at Naval Submarine
Base Point Loma, CA piers.
c. The Government will provide crane services to support submarine repairs at Naval Submarine Base Point Loma. The Contractor shall provide the Public Works Center (PWC) a twenty-four (24) hour advance notification for crane services.
This contract will be administered with SWRMC as the Procuring Contracting Officer (PCO) and as the Administrative Contracting Officer (ACO).
The Contractor shall be required to perform in accordance with the standards, guidelines, and procedures as stated in each individual delivery order.
In performing delivery orders, the Contractor must have the industrial capability, the management organizational, and financial capability, and the personnel resources available with the capability and experience to meet the needs of the requirement.
The Contractor shall provide necessary advance procurement of LLTM, repairs, maintenance, and/or alterations when ordered by written delivery orders issued under the resultant contract by the PCO. Work performed under this contract will be under the technical cognizance of SWRMC, unless otherwise noted in each delivery order. Each delivery order will specify the details of the work to be accomplished and will be estimated/negotiated separately.
Any successful awardee may be required to work on various projects or sites any time. Each project may require personnel from various labor categories. This could be followed by an inactive period where effort is not required.
The Contractor is responsible for meeting all of the customer’s needs as defined in the delivery orders.
The Contractor shall comply with NAVSEA Standard Item 009-32 Change 1 and NAVSEA Standard Item Quality Management System 009-04.
Expertise and experience anticipated to be needed for the performance of this contract include but is not limited to Naval vessels having the following characteristics:
Types of Vessels: SSN, SSBN, and SSGN Class Ships Structural Material: Steel, Aluminum, Composites, and Wood Design Types: Hull, Mechanical, Electrical and Electronic Design
Alterations may be installed by either activities separate from work ordered under this contract. Alteration Installation Team (AIT) efforts may require interface or teaming between Contractors. Alterations that may be included in AIT efforts include but are not limited to safety alterations, alterations requiring special skills or tools, alterations best installed by one Contractor to meet schedules, or those alterations that will result in significant savings to the Government if installed via AIT. Coordination of AIT work and work ordered under this contract may e required during certain periods of industrial work. Definitions of alterations and AIT are provided below to ensure all have understanding of other types of industrial work that may be accomplished by other activities.
Per the Fleet Modernization Program Management and Operation Manual, SL720-AA-MAN-010, and for the purposes of this contract, Alterations and Alteration Installation Teams are defined as follows:
Alteration – Any change in the hull, machinery, equipment or fittings that involves a change in
Design, materials, number, location or relationships of an assembly’s component parts whether the Change is separate from, incidental to, or in conjunction with repairs.
Alteration Installation Team (AIT) – a Navy team (military, civilian Contractor team) under the Direction of Navy personnel that is trained and equipped to accomplish specific SHIPALTS or Temporary modifications on specified ships.
Other Government activities such as Ship’s Force, Naval Shipyards, as well as other Government contractors, may perform maintenance repairs or alterations during availability periods for the vessels. The Contractor shall accommodate these activities as required in specific delivery orders.
COORDINATION PROCESS
The Contractor shall assign one lead individual for each delivery order and this individual shall Coordinate all aspects of the order with the designated Government representative and vice versa. The Contractor’s designated representative will keep Government representatives apprised of schedule, technical, material and financial issues pertaining to the order.
All communication with other Government organizations, commands, and departments shall be via the SWRMC representative unless otherwise authorized. The Contractor’s employees shall not visit vessels or military activity associated with a delivery order without prior approval from the SWRMC representative. If required, the SWRMC representative shall forward security clearances to military installation for Contractor personnel.
TECHNICAL CONFERENCES/REVIEW MEETINGS
Contractor and Government representative shall meet monthly or as required by the Government, for the duration of the contract to review the Contractor’s performance.
Contractor personnel shall be available for informational daily/weekly meetings with technical personnel to discuss the direction, progress, results, and/or issues that occur during the performance of each delivery order placed under this contract.
STANDARDS/SPECIFICATIONS/REFERENCES
Individual delivery orders will reference the specific documents applicable to each delivery order. The types of documents that may be referenced in delivery orders include, but are not limited to, the following:
a. Alteration Record; Liaison Action Record (LAR)
b. NAVSEA Standard Work Items (fiscal year in effect at date of delivery order);
c. Standard Specifications for U.S. Navy Vessels
d. Military Standards
e. Technical manuals
f. OPNAV Instruction
g. Commercial and Industry Standards
h. Government Standards, Technical Drawings and Documentation
i. Applicable Contractor Quality Assurance Plan/Document
j. Current NAVSEA Standard Items
SPECIFICATIONS, AMENDMENTS OR REVISIONS APPLICABLE
1. Whatever specifications, standards, drawings, publications or other documents are cited without issue number, revision, date or amendment number identified, the revision, date or amendment in effect as of the date of the delivery order shall apply.
2. Whatever specific issue number, revision, date or amendment number for specifications, standards, and publications are specified, the issue specified shall apply.
SECURITY REQUIREMENTS
1. The Department of Defense Contract Security Classification Specification, DD Form 254, (See Attachment “J- 3”), itemizes the basic security classification requirements for this contract.
2. Accordingly, the Contractor shall be required to have or obtain a Facility Security Clearance, provide classified storage capability, and obtain security clearances for personnel performing under this contract. An applicable DD Form 254, Contract Security Classification Specification, shall be issued with each delivery order under the contract whenever the basic DD 254 does not provide sufficient classification guidance.
3. The Contractor shall provide clearance information data to SWRMC prior to delivery order start date. Data to include list of all Contractor personnel supporting the installation, social security numbers, addresses, citizenship, and level of clearance. Personnel shall have a minimum of a Secret Clearance.
PERSONNEL QUALIFICATIONS
1. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in each delivery order hereunder. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specification requirements. The work history of each Contractor employee must contain experience directly related to the delivery and function he/she intended to perform under this contract.
2. The Government reserves the right, during the life of this contract, to request work histories to any Contractor employee for purposes of verifying compliance with this requirement. If the Government questions the qualifications or competence of any person performing under the contract, the burden of proof to sustain that the person is qualified as prescribed herein shall be upon the Contractor.
3. Welders shall carry their welding certifications with them at all times.
REQUIRED STANDARDS OF WORKMANSHIP
1. Unless otherwise specifically provided in this contract, the quality of all supplies rendered hereunder shall conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies shall be rendered by or supervised by individuals fully qualified in the relevant profession, trade or field, and holding all licenses required by law.
2. Work shall be performed hereunder in accordance with the separately placed delivery order and any drawing or specifications identified. Navy specifications, standards of material and workmanship shall be followed. Unless otherwise specifically provided in the separately placed delivery order, all operational practices of the Contractor and all workmanship, material, equipment, and articles used in the performance of work hereunder, shall be in accordance with the applicable rules and requirements of the American Bureau of Shipping, the United States Coast Guard, the American Boat and Yacht Council, the Institute of Electrical and Electronic Engineers or other widely accepted technical guidance in effect at the time of the Contractor’s acceptance of the separately placed order. All material shall be new unless otherwise identified in the delivery order.
3. The Contractor shall at all time keep the vessel work site free from accumulation of waste material or rubbish resulting from work performed. At the conclusion of each work day, the Contractor shall remove all rubbish from and about the site of the work, and shall leave the work in its immediate vicinity “broom cleaned.” The Government has the option to require a weekly pull back of all temporary support equipment from the vessel being worked and sweep down if in the Government’s point of view, work place cleanliness is not being properly addressed.
HQ C-2-0002 ACCESS TO PROPRIETARY DATA OR COMPUTER SOFTWARE (NAVSEA) (JUN 1994)
(a) Performance under this contract may require that the Contractor have access to technical data, computer software, or other sensitive data of another party who asserts that such data or software is proprietary. If access to such data or software is required or to be provided, the Contractor shall enter into a written agreement with such party prior to gaining access to such data or software. The agreement shall address, at a minimum, (1) access to, and use of, the proprietary data or software exclusively for the purposes of performance of the work required by this contract, and (2) safeguards to protect such data or software from unauthorized use or disclosure for so long as the data or software remains proprietary. In addition, the agreement shall not impose any limitation upon the Government or its employees with respect to such data or software. A copy of the executed agreement shall be provided to the Contracting Officer. The Government may unilaterally modify the contract to list those third parties with which the Contractor has agreement(s).
(b) The Contractor agrees to: (1) indoctrinate its personnel who will have access to the data or software as to the restrictions under which access is granted; (2) not disclose the data or software to another party or other Contractor personnel except as authorized by the Contracting Officer; (3) not engage in any other action, venture, or employment wherein this information will be used, other than under this contract, in any manner inconsistent with the spirit and intent of this requirement; (4) not disclose the data or software to any other party, including, but not limited to, joint venturer, affiliate, successor, or assign of the Contractor; and (5) reproduce the restrictive stamp, marking, or legend on each use of the data or software whether in whole or in part.
(c) The restrictions on use and disclosure of the data and software described above also apply to such information received from the Government through any means to which the Contractor has access in the performance of this contract that contains proprietary or other restrictive markings.
(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt by an individual, company, or Government representative not directly involved in the effort to be performed under this contract to gain access to such proprietary information. Such notification shall include the name and organization of the individual, company, or Government representative seeking access to such information.
(e) The Contractor shall include this requirement in subcontracts of any tier which involve access to information covered by paragraph (a), substituting "subcontractor" for "Contractor" where appropriate.
(f) Compliance with this requirement is a material requirement of this contract.
HQ C-2-0003 ACCESS TO THE NAVY SUPPLY SYSTEM (NAVSEA) (MAR 2011)
(a) In compliance with the comparability requirement of 10 U.S.C. 7314, Public and Private Shipyards will be provided equal access to the Naval Supply System. Use by private yards is permissive, not mandatory.
(b) Pursuant to the clause of this contract entitled "GOVERNMENT SUPPLY SOURCES" (FAR 52.251-1) the Contracting Officer hereby authorizes the Contractor to place orders with the Navy Supply System for materials and equipment or other supplies necessary to perform the required work. The Naval Supply System shall process such orders in the same manner as it would for any other Navy supply user, and the Contractor shall make payment on account of materials and equipment and other supplies ordered and/or received in accordance with the normal requirements of the Naval Supply Systems Command, but in no event shall payment in full be any later than 30 days after receipt by the Contractor of each order. The Contractor shall pay the Naval Supply System any costs for materials, equipments, or other supplies obtained including any surcharges normally charged to any other Naval Supply System user.
(c) This job order has been priced on the basis that, except as specifically provided elsewhere in this contract with regards to Government furnished property, the Contractor shall provide all necessary materials, equipments and supplies for performance of this contract. If the Contractor uses the Naval Supply System, it has elected to use the system for its own convenience to meet its contractual obligations to perform the work under this contract. The Naval Supply System is considered to be an alternate source or vendor of contractor furnished material; therefore materials, equipments, or other supplies ordered and/or obtained from the Naval Supply System are specifically not considered to be Government furnished material, but are considered to be contractor furnished material. The Government makes no representation as to the availability of materials, equipments, or other supplies for the performance of the work required under this contract, nor shall unavailability, late delivery, delivery of non-conforming supplies, higher costs of the Naval Supply System (if any), or any failure of the Naval Supply System to meet the expectations or requirements of the Contractor constitute excusable delay or grounds for equitable or any other adjustment to the contract or relief from the requirement to perform in accordance with the terms of the contract.
HQ C-2-0004 ACCESS TO THE VESSEL(S) (AT) (NAVSEA) (JAN 1983)
Officers, employees and associates of other prime Contractors with the Government and their subcontractors, shall, as authorized by the Supervisor, have, at all reasonable times, admission to the plant, access to the vessel(s) where and as required, and be permitted, within the plant and on the vessel(s) required, to perform and fulfill their respective obligations to the Government. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Supervisor to be given admission to the plant and access to the vessel(s) for office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of the respective responsibilities involved, and reasonable to their performance.
HQ C-2-0005 ACCESS TO VESSELS BY NON-U.S. CITIZENS (NAVSEA) (DEC 2005)
(a) No person not known to be a U.S. citizen shall be eligible for access to naval vessels, work sites and adjacent areas when said vessels are under construction, conversion, overhaul, or repair, except upon a finding by COMNAVSEA or his designated representative that such access should be permitted in the best interest of the United States. The Contractor shall establish procedures to comply with this requirement and NAVSEAINST
5500.3 (series) in effect on the date of this contract or agreement.
(b) If the Contractor desires to employ non-U.S. citizens in the performance of work under this contract or agreement that requires access as specified in paragraph (a) of this requirement, approval must be obtained prior to access for each contract or agreement where such access is required. To request such approval for non-U.S. citizens of friendly countries, the Contractor shall submit to the cognizant Contract Administration Office (CAO), an Access Control Plan (ACP) which shall contain as a minimum, the following information:
(1) Badge or Pass oriented identification, access, and movement control system for non-U.S. citizen employees with the badge or pass to be worn or displayed on outer garments at all times while on the Contractor's facilities and when performing work aboard ship.
(i) Badges must be of such design and appearance that permits easy recognition to facilitate quick and positive identification.
(ii) Access authorization and limitations for the bearer must be clearly established and in accordance with applicable security regulations and instructions.
(iii) A control system, which provides rigid accountability procedures for handling lost, damaged, forgotten or no longer required badges, must be established.
(iv) A badge or pass check must be performed at all points of entry to the Contractor's facilities or by a site supervisor for work performed on vessels outside the Contractor's plant.
(2) Contractor's plan for ascertaining citizenship and for screening employees for security risk.
(3) Data reflecting the number, nationality, and positions held by non-U.S. citizen employees, including procedures to update data as non-U.S. citizen employee data changes, and pass to cognizant CAO.
(4) Contractor's plan for ensuring subcontractor compliance with the provisions of the Contractor's ACP.
(5) These conditions and controls are intended to serve as guidelines representing the minimum requirements of an acceptable ACP. They are not meant to restrict the Contractor in any way from imposing additional controls necessary to tailor these requirements to a specific facility.
(c) To request approval for non-U.S. citizens of hostile and/or communist-controlled countries (listed in Department of Defense Industrial Security Manual, DOD 5220.22-M or available from cognizant CAO), Contractor shall include in the ACP the following employee data: name, place of birth, citizenship (if different from place of birth), date of entry to U.S., extenuating circumstances (if any) concerning immigration to U.S., number of years employed by Contractor, position, and stated intent concerning U.S. citizenship. COMNAVSEA or his designated representative will make individual determinations for desirability of access for the above group. Approval of ACP's for access of non-U.S. citizens of friendly countries will not be delayed for approval of non-U.S. citizens of hostile communist-controlled countries. Until approval is received, Contractor must deny access to vessels for employees who are non-U.S. citizens of hostile and/or communist-controlled countries.
(d) The Contractor shall fully comply with approved ACPs. Noncompliance by the Contractor or subcontractor serves to cancel any authorization previously granted, in which case the Contractor shall be precluded from the continued use of non-U.S. citizens on this contract or agreement until such time as the compliance with an approved ACP is demonstrated and upon a determination by the CAO that the Government's interests are protected. Further, the Government reserves the right to cancel previously granted authority when such cancellation is determined to be in the Government's best interest. Use of non-U.S. citizens, without an approved ACP or when a previous authorization has been canceled, will be considered a violation of security regulations. Upon confirmation by the CAO of such violation, this contract, agreement or any job order issued under this agreement may be terminated or default in accordance with the clause entitled "DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)" (FAR 52.249-8), "DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT)" (FAR 52.249-9) or "TERMINATION (COST REIMBURSEMENT)" (FAR 52.249-6), as applicable.
(e) Prime Contractors have full responsibility for the proper administration of the approved ACP for all work performed under this contract or agreement, regardless of the location of the vessel, and must ensure compliance by all subcontractors, technical representatives and other persons granted access to U.S. Navy vessels, adjacent areas, and work sites.
(f) In the event the Contractor does not intend to employ non-U.S. citizens in the performance of the work under this contract, but has non-U.S. citizen employees, such employees must be precluded from access to the vessel and its work site and those shops where work on the vessel's equipment is being performed. The ACP must spell out how non-U.S. citizens are excluded from access to contract work areas.
(g) The same restriction as in paragraph (f) above applies to other non-U.S. citizens who have access to the Contractor's facilities (e.g., for accomplishing facility improvements, from foreign crewed vessels within its facility, etc.)
(h) An ACP which has been approved for specific Master Ship Repair Agreement (MSRA) or Agreement for Boat Repair (ABR) or Basic Ordering Agreement (BOA), is valid and applicable to all job orders awarded under that agreement.
HQ C-2-0006 ADDITIONAL PROVISIONS RELATING TO GOVERNMENT PROPERTY (NAVSEA) (SEP
2009)
(a) For purposes of paragraph (h) of the clause entitled "GOVERNMENT PROPERTY" (FAR 52.245-1) in addition to those items of property defined in that clause as Government Property, the following shall also be included within the definition of Government Property:
(1) the vessel;
(2) the equipment on the vessel;
(3) movable stores;
(4) cargo; and
(5) other material on the vessel
(b) For purposes of paragraph (b) of the clause entitled "GOVERNMENT PROPERTY", notwithstanding any other requirement of this contract, the following shall not be considered Government Property:
(1) the vessel;
(2) the equipment on the vessel;
(3) movable stores; and
(4) other material on the vessel
HQ C-2-0007 APPROVAL BY THE GOVERNMENT (AT) (NAVSEA) (JAN 1983)
Approval by the Government as required under this contract and applicable specifications shall not relieve the Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.
HQ C-2-0011 COMPUTER SOFTWARE AND/OR COMPUTER DATABASE(S) DELIVERED TO AND/OR
RECEIVED FROM THE GOVERNMENT (NAVSEA) (APR 2004)
(a) The Contractor agrees to test for viruses all computer software and/or computer databases, as defined in the clause entitled "RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER SOFTWARE DOCUMENTATION" (DFARS 252.227-7014), before delivery of that computer software or computer database in whatever media and on whatever system the software is delivered. The Contractor warrants that any such computer software and/or computer database will be free of viruses when delivered.
(b) The Contractor agrees to test any computer software and/or computer database(s) received from the Government for viruses prior to use under this contract.
(c) Unless otherwise agreed in writing, any license agreement governing the use of any computer software to be delivered as a result of this contract must be paid-up and perpetual, or so nearly perpetual as to allow the use of the computer software or computer data base with the equipment for which it is obtained, or any replacement equipment, for so long as such equipment is used. Otherwise the computer software or computer database does not meet the minimum functional requirements of this contract. In the event that there is any routine to disable the computer software or computer database after the software is developed for or delivered to the Government, that routine shall not disable the computer software or computer database until at least twenty-five calendar years after the delivery date of the affected computer software or computer database to the Government.
(d) No copy protection devices or systems shall be used in any computer software or computer database delivered under this contract to restrict or limit the Government from making copies. This does not prohibit license agreements from specifying the maximum amount of copies that can be made.
(e) Delivery by the Contractor to the Government of certain technical data and other data is now frequently required in digital form rather than as hard copy. Such delivery may cause confusion between data rights and computer software rights. It is agreed that, to the extent that any such data is computer software by virtue of its delivery in digital form, the Government will be licensed to use that digital-form with exactly the same rights and limitations as if the data had been delivered as hard copy.
(f) Any limited rights legends or other allowed legends placed by a Contractor on technical data or other data delivered in digital form shall be digitally included on the same media as the digital-form data and must be associated with the corresponding digital-form technical data to which the legends apply to the extent possible.
Such legends shall also be placed in human readable form on a visible surface of the media carrying the digital-form data as delivered, to the extent possible.
HQ C-2-0014 CONTRACTOR'S PROPOSAL (NAVSEA) (MAR 2001)
(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with detailed obligations to which the Contractor committed itself in Proposal dated ________ in response to NAVSEA Solicitation No. N55236-17-R-0011.
(b) The technical volume(s) of the Contractor's proposal is incorporated by reference and hereby made subject to the provisions of the "ORDER OF PRECEDENCE" (FAR 52.215-8) clause of this contract. Under the "ORDER OF PRECEDENCE" clause, the technical volume of the Contractor's proposal referenced herein is hereby designated as item
(f) of the clause, following "the specification" in the order of precedence.
HQ C-2-0016 DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR
SHIP REPAIR (NAVSEA) (SEP 1990)
Attention of the Contractor is directed to the Occupational Safety and Health Act of 1970 (29 USC 651-678), and to the Safety and Health Regulations for Ship Repairing (29 CFR 1915), promulgated under Public Law 85-742, amending Section 41 of the Longshoremen's and Harbor Workers' Compensation Act (33 USC 941), and adopted by the Department of Labor as occupational safety or health standards under Section 6(a) of the Occupational Safety and Health Act of 1970 (See 29 CFR 1910.13). These regulations apply to all ship repair and related work, as defined in the regulations performed under this contract on the navigable waters of the United States including any dry dock and marine railway. Nothing contained in this contract shall be construed as relieving the Contractor from any obligations which it may have for compliance with the aforesaid regulations.
HQ C-2-0018 DISPOSAL OF SCRAP (NAVSEA) (JAN 2008)
(a) All Government scrap resulting from accomplishment of any job order is the property of the Contractor to be disposed as it sees fit. Scrap is defined as property that has no reasonable prospect of being sold except for the recovery value of its basic material content. The determination as to which materials are scrap and which materials are salvage, will be made, or concurred in, by the duly appointed Property Administrator for the cognizant SUPSHIP or RMC Office.
(b) As consideration for retaining the Government's scrap, the Contractor's price for the performance of the work required herein shall be a net price reflecting the value of the Government scrap.
(c) This requirement is not intended to conflict in any way with the clauses of this contract entitled "PERFORMANCE" (DFARS 252.217-7010) or "GOVERNMENT PROPERTY" (FAR 52.245-1) under the Master Contract in effect at the time of job order award, nor does it relieve the Contractor of any other requirement under such clauses.
HQ C-2-0021 DRYDOCK CERTIFICATION (NAVSEA) (APR 2015)
The drydocking of all vessels on or after 1 January 1980 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.
HQ C-2-0023 EXCLUSION OF MERCURY (NAVSEA) (MAY 1998)
Mercury or mercury containing compounds shall not be intentionally added or come in direct contact with hardware or supplies furnished under this contract.
HQ C-2-0024 EXTENSION OF COMMERCIAL WARRANTY (NAVSEA) (NOV 1996)
The Contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale, provided that such warranty is available at no additional cost to the Government. The Contractor shall provide a copy of the standard commercial warranty with the item. The standard commercial warranty period shall begin upon the final acceptance of the applicable material or software.
Acceptance of the standard commercial warranty does not waive the Government’s rights under the “Inspection” clause, nor does it limit the Government’s rights with regard to other terms and conditions of the contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty.
HQ C-2-0028 GOVERNMENT SURPLUS PROPERTY (NAVSEA) (SEP 1990)
No former Government surplus property or residual inventory resulting from terminated Government contracts shall be furnished under this contract unless (i) such property is identified in the Special Contract Requirements or (ii) is approved in writing by the Contracting Officer. Notwithstanding any such identification in the Special Contract Requirements or approval by the Contracting Officer, the Contractor agrees all items or components described in this requirement shall comply in all respects with the specifications contained herein.
HQ C-2-0029 HEAVY WEATHER PLAN (NAVSEA) (JUN 1999)
In order to ensure that Naval vessels and material are protected during gales, storms, hurricanes and destructive weather, the Contractor is required to have a written Heavy Weather Plan (HWP) which assigns responsibilities and prescribes actions to be taken on the approach of and during heavy weather conditions as delineated in NAVSEA Standard Item (SI) 009-69. In accordance with SI 009-69, the Contractor shall furnish to the cognizant Shipbuilding, Conversion and Repair, U.S.
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