N5523618R0021.pdf

N5523618R0021

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

CLIN

Number

1 Lot

LCAC 27 FMP

FFP

PREPARE FOR AND ACCOMPLISH THE LCAC 27 FLEET

MODERNIZATION PROGRAM (FMP)

The Contractor shall prepare for and accomplish repair and alterations for the

LCAC 27 FMP as specified in the scope of work provided herein and in accordance with standard items, work item specification package drawings, test procedures, and other detailed data as included in Specification Package BOST-

506-19 (Attachment J-1), as amended.

See Notes A, C, and E

FOB: Destination

PURCHASE REQUEST NUMBER: N5523618R0021PR

PSC CD: J999

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

CLIN

Number

1 Each

CONTRACT DATA REQUIREMENTS LIST (CDRLS)

FFP

The data to be furnished hereunder shall be prepared and submitted in accordance with the CDRL, DD Form 1423, Exhibit B and attached hereto. The CDRLS form a part of the schedule of this solicitation. Not Separately Priced (NSP). See

Note A.

FOB: Destination

PSC CD: J999

MAX

NET AMT

NOTE A - Offeror shall complete the "Price Group" and "Estimated Total Price" blocks of each data item on the

Contract Data Requirements List(s), attached hereto.

NOTE C: 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 loaded 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 man hours included in its price proposal for contract modifications shall include only direct production man hours. For these purposes, direct production man-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 1 above 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 man hour 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 man hours. Labor hours for the below support functions shall not be separately proposed in any circumstance, 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

Security

Surveying

Administration

Transportation

Purchasing Staff

Lofting

Other Indirect Support

Material Handling & Warehousing

Safety/Environmental

3. The fully burdened ship repair labor rate is a fixed hourly rate that includes all wages, overhead, all other indirect costs, general and administrative expenses, Facilities Capital Cost of Money (FCCOM), and profit. The fully burdened ship repair labor rate represents a blended rate including labor transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

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

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

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

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

(COPA) in response to a Request for Contract Change (RCC) 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, Government authorized vendors, or any other work at the sole discretion of the Administrative Contracting Officer (ACO). RCC’s that are for material only (no associated labor required within the RCC). RCCs shall not be subject to the Material Burden Rate.

7. The contract fixed fully burdened ship repair labor rate and material burden rate are shown below. These fixed rates shall be used for negotiating growth and new work during the entire availability regardless of how many labor hours and material dollars are procured and negotiated.

Fully burdened Ship Repair Labor Rate TBD

Material Burden Rate TBD

NOTE E:

The Contractor shall schedule the performance of all items in the LCAC 27 FMP work package, including all base and option (if applicable) work items, so as to permit up to a 25% contract scope increase to be performed as "Additional Requirements" (including growth and new work). The Government will track the contract scope increase by calculating the increase in labor hours of growth and new work as a percentage against labor hours proposed in the basic work package. The contractor agrees that these Additional Requirements, if ordered, shall be performed concurrently with the aforementioned Work Items, during the contract period of performance, without impacting, accelerating, or causing delay or disruption to the work required by the aforementioned Work

Items, to any other Government contract, or to any other work in progress for the Government.

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

No more than 75% of the awarded labor hours (including subcontractor hours) following the 25% point of the availability.

No more than 50% of the awarded labor hours (including subcontractor hours) following the 50% point of the availability.

No more than 25% of the awarded labor hours (including subcontractor hours) following the 75% point of the availability.

CLAUSES INCORPORATED BY FULL TEXT

HQ B-2-0004 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.

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 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.

RMC B-2-0002 PROGRESS PAYMENT RATES (JULY 2016)

The progress payment rate for this contract is 90 percent for large business and 95 percent for small business in accordance with 10 USC 2307(g).

Section C - Descriptions and Specifications

CONTRACT LINE ITEM DESCRIPTION

ITEM 0001 Prepare for and accomplish the FMP on the LCAC 27 in accordance with Specification Package BOST

506-19 and as specified herein and in accordance with standard items, work item specifications, drawings, test procedures, and other detailed data provided by the Government listed in Section J.

ITEM 0002 Contract Data Requirements List (CDRL). See Section J of this solicitation (Exhibit B).

(a) NAVSEA STANDARD ITEMS have been furnished to each MSRA and ABR contractor under separate cover for retention.

(b) The current NAVSEA standard items applicable to work items of this specification are listed in the Index of

Specifications, contained in the Specification Package (Attachment J-1) of Section J.

(c) Category I Standard Items are applicable to all items without further reference. Category II Standard Items are part of this specification when invoked and/or referenced in individual work items.

The Government will provide the following:

a. Work, Storage, and Service Areas:

(1) Use of Hangar Bay and all associated services listed under paragraph (c) Utility Services herein as designated by Government, if available

(2) Area for Contractor supplied services (T-Row)

(3) Area for Contractor administration trailer (T-Row)

(4) Contractor lay down area (T-Row)

(5) Contractor material receipt area (T-Row)

b. Employee Parking: Maximum of 25 passenger-size vehicle spaces. Location will be located at the North parking of the E4 and below parking area. One project manager vehicle can be parked beside the administration trailer and must be identified with a company logo.

c. Utility Services: Water, LP air, 440 VAC, and 110 VAC is located in the vicinity of all hangars.

d. Equipment Services:

(1) Mobile Gantry Crane (Travel Lift).

(2) Overhead Bridge Crane (Hangar Bay). Operated by qualified ACU-5 personnel only.

(2) A shipset of blocks installed for each craft in hanger bay, if required.

(3) Craft Fuel Services: All craft fuel and refueling services will be provided by ACU-5.

(4) Rest Room Facilities: The Government will designate an area for Contractor installation of portable restroom facilities. ACU-5 restroom facilities are not for contractor use.

(5) Work Break/Meal Facilities Area: The Government will designate an area for Contractor installation of work break/meal areas. The contractor shall not have access to ACU-5 shops, offices, restrooms, locker rooms, or any other facilities, unless authorized by Commanding Officer, ACU-5.

e. ACU-5 will provide craft refueling services, fly-over block installation, craft travel lift operation, overhead crane support and testing, and trial support including craft operation during normal working hours, 0800 - 1500, Monday through Friday. ACU 5 will not be available to provide the services listed above on weekends, Federal Holidays, the week between Christmas and New Year's Day, and the week after New Year's Day unless agreed to by the

Commanding Officer, ACU 5. At least 48 hours prior to the need for ACU 5 to provide the services identified herein, the Contractor shall request the specific services, with all necessary details from the authorized Government representative.

SCOPE OF WORK

1. GENERAL REQUIREMENTS

1.1 The Contractor under the direction of the Southwest Regional Maintenance Center (SWRMC) and 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 repair and alteration of the LCAC 27 FY-19 FMP 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. Category I NAVSEA FY19 chg 4 Standard Items identified under Attachment J-1 are applicable to all items without further reference. Category II NAVSEA FY19 chg 4 Standard Items are applicable when invoked and/or referenced in individual work items specified in Attachment J-1. See Exhibit B for applicable

Contract Data Requirement List (CDRL).

NAVSEA Standard items may be found at:

http://www.navsea.navy.mil/Home/RMC/CNRMC/OurPrograms/SSRAC/NSI.aspx

1.2 The Contractor shall accomplish planning and scheduling to ensure a rational, integrated and timely plan for receipt, storage and installation of Government Furnished Material as identified in Work

Item Specifications, and for accomplishment of production work.

1.3 The Contractor shall provide an integrated milestone plan for the availability. These milestones will include a schedule of key events necessary to meet the contract delivery dates. A critical path analysis and a milestone schedule shall be used to measure schedule accomplishment of the functions and elements required to successfully complete the repair and alteration of LCAC 27 FY-

19 FMP within the availability dates herein.

1.4 INTEGRATED PRODUCTION SCHEDULE DEVELOPMENT, UPDATE, AND REVIEWS -

1.4.1 The contractor shall develop a report listing for each Work Item of the

Job Order, the Work Item number, Work Item title, scheduled start date, scheduled completion date, actual start date, and the percentage complete. The report shall address changes to the Key Events and Milestones list and major problems of Work Items, to include negative float, and proposed corrective action. The report shall reflect the addition, deletion, or modification of

Work Items. Completed Work Items need not be addressed.

1.4.2 The contractor shall participate in review conferences at the 25, 50, and 75 percent points in the availability. Data from the most recent submission in accordance with paragraph 3.7.1 of Standard Item 009-60 will be used at the review conferences. Review conferences will be held within two days of the Weekly Progress Meeting or, subject to SWRMC LCAC Project Manager approval, may be held simultaneously with the Weekly Progress Meeting. The conferences will be scheduled at a time and place mutually agreeable to all parties.

1.4.3 The contractor shall:

1.4.3.1 Be prepared to discuss planned production manning versus actual production manning by total, trades, and subcontractors.

1.4.3.2 Identify known factors that may affect Key Events, Milestones and the contract completion. Provide recommended courses of action to resolve problem areas.

1.4.3.3 Provide the SUPERVISOR with the status of open and inspect reports and be prepared to discuss possible impact of growth work in these items at the 25 percent review conference.

1.4.3.4 Provide the SUPERVISOR with the following information for the 50 percent review conference:

1.4.3.5 A machinery reinstallation plan showing projected dates for installing the equipment on the foundation, hook-up of the equipment, and operational tests of the equipment.

1.4.3.6 A valve status list showing projected completion and reinstallation dates.

1.4.3.7 A list of items required for the next Key Event and Production

Completion Date (PCD) that are not complete. Annotate those items on the list that may be in jeopardy of completing by the next Key Event and PCD.

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

1.6 The Contractor shall report and recommend corrective action during contract performance for those deficiencies discovered which are not covered by the Work Item Specifications. As found conditions, needed repairs and corrective action reports will be submitted to the Government in the form of a Condition Found Report (CFR). The CFR shall be in accordance with that set forth in

Standard Item 009-01.

1.7 The Navy may send a site inspection team to perform an inspection of the contractor's facility prior to arrival of the vessel

1.8 GOVERNMENT FURNISHED MATERIAL: Government Furnished Material (GFM) cited in the solicitation will be delivered to the contractor at the Government facility. The successful offeror is to coordinate delivery, accountability, storage and transportation of Government Furnished Material with the Project Manager. 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 will be listed in paragraph 5 of the Work

Item(s).

1.9 QUALITY ASSURANCE

1.9.1 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 Standard Item 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.

1.10 IDENTIFICATION OF CONDITION FOUND - In accordance with the requirements of NAVSEA

Standard Item 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 to 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”).

1.10.1 CONDITION FOUND NOTIFICATION TO GOVERNMENT

CFRs shall be submitted via email (dj.brandt@navy.mil) 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.

1.10.2 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.

The contractor's accuracy reflected in the CFRs submitted may be evaluated in CPARS and utilized for past performance ratings on future requirements.

1.11 REQUEST FOR CONTRACT CHANGE (RCC)

In the event a growth requirement or new work is validated and fully scoped, the Government may generate a Request for Contract Change (RCC) which the ACO may request a firm fixed price proposal from the contractor.

The contractor shall provide all Change Order Price Analysis (COPA) proposals to the ACO in response to

RCCs within seven (7) calendar days. A contractor’s COPA shall remain valid for a minimum of fourteen

(14) calendar days, unless otherwise specified on an individual RCC by the ACO; if another timeline is specified by the Government on an individual RCC, the contractor’s COPA shall remain valid for that amount of time. A COPA addressing a change to the FFP contract 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) $__________

*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).

** Material quote shall include the part number, description, unit cost, quantities, total cost, and vendor quotes for each line item.

Note 1: Labor hours for both prime and subcontract shall be provided broken down by trade and labor mix.

mailto:dj.brandt@navy.mil

Note 2: The required documentation must accompany the COPA for the COPA to be considered submitted to the ACO.

If circumstances arise where the contractor is unable to submit a COPA within seven (7) calendar days, the contractor shall notify the ACO in writing of the specific circumstances and provide a revised date in which a COPA proposal will be submitted. Additional time needed to complete a COPA may be granted solely at the discretion of the ACO. The new timeframe granted, solely at the discretion of the ACO, may differ from the contractor’s request, but shall be met by the contractor.

1.12 ORGANIZATION CHART AND EMPLOYEE ROSTER:

1.12.1 EMPLOYEE ROSTER: After receipt of award and prior to starting work aboard the vessel, the contractor must submit a list of employees who will work aboard ship to the Commanding Officer of the ship via the SWRMC Security Office. The list should be on company letterhead, include each employee's name and security clearance when required, and bear the signature of a company official.

1.13 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER – No order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract. The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the

Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer's. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

2. LOCATION: Camp Pendleton, CA, ACU-5.

3. SCHEDULE: LCAC 27/FY-19 FMP must be delivered, mission-ready, no later than 29 MAR 2019.

3.1: MILESTONES

3.1.1 If any milestone event is not accomplished by the date provided, and the failure to accomplish any such milestone event does not arise from a cause beyond the control and without fault or negligence of the

Contractor, such failure may be deemed to constitute a failure to perform this contract in accordance with its terms within the meaning of subparagraph (a)(1)(ii) of the clause of this contract entitled "DEFAULT”

(DFARS 252.217-7009).

3.1.2 The Contractor shall schedule the performance of all items in the LCAC 27 FY-19 FMP work package, including work items included as both Base and Option items, so as to permit a contract scope increase up to 1,750 “hours” and $70,000 in “material” to be performed as "Additional Requirements" (including growth and new work). “Material,” as defined for the application of this paragraph, is defined as physical deliverable materials, exclusive of prime and subcontractor labor. “Hours,” as defined for the application of this paragraph is to include both prime and subcontract labor hours. The contractor agrees that these

Additional Requirements, if ordered, shall be performed concurrently with the aforementioned work items, during the contract period of performance, without impacting, accelerating, or causing delay or disruption to the work required by the aforementioned work items, to any other Government contract, or to any other work in progress for the Government.

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

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

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

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

3.2. DELAYS / DISRUPTIONS: The contractor shall coordinate the work effort with the SWRMC LCAC

Project Manager on a daily basis to prevent changing situations from causing delays and disruptions.

Disruption due to minor delays in obtaining access to spaces and operation of equipment are to be expected. A minor delay is defined as eight (8) hours or less. These disruptions are considered normal rather than unusual occurrences during the performance of tasks ordered under this contract. If, during contract performance, delays greater than those indicated above are encountered, the Contractor shall immediately verbally notify the Project Manager and Contracting Officer, followed by a written statement within twenty-four (24) hours after occurrence of delay, stating time of impact, reason for delay, duration of impact, number of people affected, action taken to properly schedule the work, action taken to minimize impact, and the names of the Government person(s) contacted.

4. SAFETY:

4.1 SAFETY INSPECTOR / FIRE MARSHALL: In addition to the safety standards provided in the specifications, the contractor is responsible for providing an experienced Safety Inspector/Fire Marshall who will accomplish daily inspections for the duration of the availability of the Contractor's entire work area on the ship, together with the Contracting Office’s Safety Representative. This Inspector or Fire

Marshall shall not be one of the Contractor's supervisors or superintendents normally assigned to the ship and shall be identified in the contractor’s approved Safety Plan.

4.2 PERSONAL PROTECTIVE EQUIPMENT: Whenever work is performed aboard U.S. Naval Ships or vessels at piers or dry docks of a Naval Shipyard or Naval Station, Contractor employees (including management personnel) shall have and use at all times the following personal protective equipment:

(a) Protective hard hats that meet the following specifications:

(1) Protective helmets purchased after July 5, 1994 shall comply with ANSI Z89.1-1986, "American National

Standard for Personnel Protection-Protective Headwear for Industrial Workers-Requirements," or shall be demonstrated to be equally effective.

(2) Protective helmets purchased before July 5, 1994 shall comply with ANSI Standard "American National

Standard Safety requirements for Industrial Head Protection," Z89.1-1969, or shall be demonstrated by the employer to be equally effective. [Ref. 29 CFR 1910.135 Head Protection]

(b) Approved type Plano or prescription glasses meeting the following specifications:

(1) Protective eye and face devices purchased after July 5, 1994 shall comply with ANSI standard Z87.1-1989, "American National Standard Practice for Occupational and Educational Eye and Face Protection", or shall be demonstrated by the employer to be equally effective.

(2) Protective eye and face devices purchased before July 5, 1994 shall comply with ANSI "USA standard for

Occupational and Educational Eye and Face Protection", Z87.1-1968, or shall be demonstrated by the employer to be equally effective. [Ref. 29 CRF 1910.133 Protective eye and face devices.]

(c) Safety toe shoes, with built-in protective toe box that meet the following specifications:

(1) Protective footwear purchased after July 5, 1994 shall comply with ANSI Standard Z41-1991, "American

National Standard for Personal Protection-Protective Footwear", or shall be demonstrated by the employer to be equally effective.

(2) Protective footwear purchased before July 5, 1994 shall comply with the ANSI standard "USA Standard for

Men's Safety Toe Footwear", Z41.1 1967, or shall be demonstrated by the employer to be equally effective [Ref. 29

CFR 1910.136 Protective eye and face devices.]

4.3 BLACK OXIDE COATED THREADED FASTENERS (BOCTFs): Due to safety concerns, use of

BOCTFs is not authorized when installing or replacing threaded fasteners in the accomplishment of any work required by any Work Item in this contract.

4.4 Force Protection Condition - The Navy is currently in force protection condition Alpha. The contactor shall fully comply with the requirements of NAVSEA Standard items 009-72(Physical Security at a Private contractor facility: accomplish), to include armed water borne security. Any costs associated with delays, disruptions, or security precautions associated with this force protection condition level shall be included in your proposal. Contractors will not receive additional compensation for delays, disruptions, or security precautions associated with this force protection condition level.

4.5. Preservation Requirements: In accordance with NAVSEA Standard Items 009-32 (Cleaning and Painting

Requirements). The contractor shall consider marine coatings and abrasive blasting media to contain heavy metals (e.g., beryllium, cadmium, chromium, or lead), hexavalent chromium, crystalline silica and/or other toxic or hazardous substances.

5. OTHER REQUIREMENTS

5.1 USE/POSSESSION OF PERSONAL ELECTRONIC DEVICES (PED'S) - The possession and use of portable electronic devices (PED's) within the confines of any naval vessel, or in the contractor's facility where equipment removed from the vessel is being worked, is strictly controlled. Cellular phones with digital imaging capabilities are strictly prohibited. PED's may not be connected to any Navy-owned or controlled network. PED's may not be used to store or process any digital information associated with the conduct of the contract without written authorization from the Naval Supervising Activity (NSA). PED's include:

mobile computing devices such as personal digital assistants (PDA's);

hand-held or laptop computers;

mobile telephone devices such as data-enabled cellular telephones;

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

analog and digital sound recorders; and digital cameras, including cellular phones with digital imaging capabilities.

5.2 NON SMOKING POLICY - For bidding purposes, contractors are advised that in light of the Navy's policy regarding smoke-free facilities, the entire vessel, topside and below decks, is to be considered a "No

Smoking Area" unless otherwise indicated by shipboard policy.

5.3. CITIZENSHIP REQUIREMENTS - The contractor shall comply with the Department of Defense

Industrial Security Manual (DoD 5220.22), and any revisions to that manual as of the Bid Opening Date prescribed, for verification of all U. S. Citizens. Prospective offerors shall refer all questions pertaining to the above to NSA, Security Manager. The DoD Industrial Security Manual can be found at:

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

HQ C-1-0007 PROVISIONING TECHNICAL DOCUMENTATION (NAVSEA) (FEB 1994)

The Provisioning Technical Documentation (PTD) shall be in accordance with the Provisioning Requirements

Statement (PRS), including NAVSEA Addendum for PTD Requirements dated January 1993, the Provisioning

Performance Schedule and the Contract Data Requirements List, DD Form 1423, Exhibit B, attached hereto.

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) (JAN 2008)

(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. Use of the supply system shall be in accordance with technical specification entitled "ACCESS TO THE FEDERAL SUPPLY

SYSTEM BY SHIP REPAIR CONTRACTING FOR CONTRACTOR-FURNISHED MATERIAL WITH

NATIONAL STOCK NUMBERS", dated 30 October 1989 (Draft).

(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. Contractors shall place orders in accordance with the Technical Specification identified in paragraph (a) above.

(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-2-0016 DEPARTMENT OF LABOR SAFETY AND HEALTH STANDARDS FOR SHIP REPAIR

(NAVSEA) (SEP 1990) (MODIFIED) (SEP 2012)

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 1910.15). 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) (APR 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 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-2-0023 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…