N55236-21-R-0010 Amendment 0002.pdf

N55236XXXXXXXXXXXXX

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

REF: USS CURTIS WILBUR (DDG-54) FY22 DSRA RFP N5523621R0010

The purpose of this amendment is to update Section B, Section C and Section I of the RFP, answ er pre-proposal inquiries and include ERRATA 1 and Attachment J-6 Fill-In Clause REV1. All other terms and conditions remain unchanged.

SEE CONTINUATION PAGES

1. CONTRACT ID CODE PAGE OF PAGES

J 1 25

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 23-Sep-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N5523621R0010

X 9B. DATED (SEE ITEM 11)

02-Sep-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

23-Sep-2021

CODE

SOUTHWEST REGIONAL MAINTENANCE CENTER

CODE 420A 3755 BRINSER STREET, STE 1

SAN DIEGO CA 92136

N55236 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N5523621R0010

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

The purpose of this amendment is to:

I. Include the following Attachments:

a. RFP N5523621R0010 Conformed Through A0002

i. Section B

1. Corrections to:

a. SCLIN 0003AC

b. SCLIN 0003AY

2. Cancellation of SCLIN 0003AN

3. Correction to:

a. Note A, SCLIN 0001AA

ii. Section C

1. Corrections to:

a. Paragraph 1.1

b. Paragraph 1.4

c. Paragraph 1.4.1.1

d. Paragraph 1.4.2

e. Paragraph 1.4.3

f. Paragraph 3.4

g. Paragraph 4.5

iii. Section I

1. Correction to 52.217-7 VAR II Option for Increased Quantity – Separately Priced Line Item

b. J-6 Fill-In Clauses REV1

i. Correction to Clause 52.223 Hazardous Material Identification and Material Safety Data

c. ERRATA 1

i. Changes to the following Work Items:

1. 562-11-003

2. 634-21-001

ii. Cancellation of Work Item 854-11-001

iii. Contact RFP N5523621R0010 POCs to coordinate transmittal of ERRATA 1 through DoD SAFE

II. Answer the following Pre-Proposal Inquiries:

Question 1:

RFP Section B contains the following discrepancies between it and RFP Attachment J-3. Please clarify.

1. CLIN 0003AC states 244-71-001 but Att J-3 states 244-10-002

2. CLIN 0003AY states 993-11-006 but Att J-3 states 993-31-006

Answer 1:

1. CLIN 0003AC is associated with Work Item 244-10-002. See RFP N5523621R0010 conformed through

A0002.

2. CLIN 0003AY is associated with Work Item 993-31-006. See RFP N5523621R0010 conformed through

A0002.

Question 2:

Contractor notes the Governments inclusion of C-211-H016 SPECIFICATIONS AND

STANDARDS (NAVSEA) (OCT 2018)

(a) Definitions.

(i) A "zero-tier reference" is a specification, standard, or drawing that is cited in the contract (including its attachments).

(ii) A "first-tier reference" is either: (1) a specification, standard, or drawing cited in a zero-tier reference, or (2) a specification cited in a first-tier drawing.

(b) Requirements. All zero-tier and first-tier references, as defined above, are mandatory for use. All lower tier references shall be used for guidance only unless specifically identified below.

NONE

(End of text)

Bidder’s Question:

It is the Contractors understanding that all required references listed in paragraph 2 of a zero-tier specification (work item) are "first tier" references. However, when a zero-tier specification directs to use a first-tier reference as "guidance", bidders should not estimate the reference and only use it to aid in the development of an estimate of references that are to be accomplished.

1) Please concur or advise on this interpretation.

Answer 2:

The Government notes that in accordance with paragraph (b) of the clause stated above, all zero-tier and first-tier references are mandatory for use, regardless of whether it is stated as a guidance. The Government will not issue a Request for Contract Change (RCC) during execution if the contractor chooses not to utilize any zero-tier and/or first tier references in the development of its proposal. Each offeror is an MSR, or equivalent, and has the industry knowledge and capability on how to interpret and estimate zero- and first-tier references to complete the intent of the work requirement. If the contractor does not fully understand the intent of the work scope without utilizing the reference as guidance, the contractor has a duty to ask a Pre-Proposal Inquiry to ensure full understanding of the Work Item before submitting a proposal.

SECTION B - SUPPLIES OR SERVICES AND PRICES

SUBCLIN 0003AC

The CLIN description has changed from Work Item 244-71-001 to Work Item 244-10-002.

SUBCLIN 0003AN

The CLIN description has changed from Work Item 854-11-001 to Work Item 854-11-001 (CANCELED).

SUBCLIN 0003AY

The CLIN description has changed from Work Item 993-11-006 to Work Item 993-31-006.

The following have been modified:

NOTES

NOTE A: LEVEL OF EFFORT TO COMPLETION – SHIP REPAIR

1. The Contractor agrees to provide the Level of Effort to Completion (LOE to Completion) in the performance of growth CLINs in the execution of the USS CURTIS WILBUR (DDG 54) FY22 DSRA as outlined below.

SCLIN Growth Associated with SCLINs

Hours Material $

0006AA (BASE) 0001AA 14,092 $231,671.24

0006AB (BASE) 0001AB 32 $958.11

0006BA (OPTION) 0003AA 54 $438.75

0006BB (OPTION) 0003AB 66 $1,595.25

0006BC (OPTION) 0003AC 48 $370.45

0006BD (OPTION) 0003AD 56 $6,718.48

0006BE (OPTION) 0003AE 17 $1,891.82

0006BF (OPTION) 0003AF 61 $2,114.20

0006BG (OPTION) 0003AG 19 $382.56

0006BH (OPTION) 0003AH 25 $211.80

0006BJ (OPTION) 0003AJ 53 $8,360.54

0006BK (OPTION) 0003AK 298 $3,337.30

0006BL (OPTION) 0003AL 8 $178.20

0006BM (OPTION) 0003AM 7 $31,645.18

0006BN (OPTION) 0003AS 108 $3,000.00

0006BP (OPTION) 0003AT 10 $7,732.80

0006BQ (OPTION) 0003AU 3 $870.18

0006BR (OPTION) 0003AV 14 $255.00

0006BS (OPTION) 0003AW 9 $946.32

0006BT (OPTION) 0003AX 17 $1,637.64

0006BU (OPTION) 0003AY 21 $1,757.01

2. The total LOE to Completion for the performance of the above growth CLINs shall be comprised of labor hours and the associated material required to support the expected, within scope growth. The mix of labor hours and material may be adjusted. Adjustments to the labor hour and material mix will be documented via weekly Technical Direction Letter (TDL) and subsequently adjusted via contract modification. The Government reserves the right to reconcile the weekly TDLs via unilateral modification at the Administrative Contracting Officer’s (ACO) discretion.

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

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

5. If, in the opinion of the Contractor, any effort directed in the Growth Management Request Form (GMR) calls for effort outside the scope of the contract, the Contractor shall notify the ACO in writing within two

(2) working days after the receipt of any such direction. In the event of a cost dispute, the ACO may unilaterally authorize hours and materials against LOE work. The Contractor shall not proceed with the work directed by the GMR unless and until the Contractor is notified by the ACO to proceed with the directed work. The Contractor is required to proceed with the work as directed by the ACO. Thereafter, any remaining disagreement shall be addressed in accordance with FAR 52.233-1(Alt. 1) ‘Disputes.’

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

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

7. Only authorized direct production labor hours shall be deducted from the LOE to Completion direct labor hour ceiling set forth in Section B, Note A, paragraph 1 above. Per Note B paragraph 2 below, all nonproduction labor shall be included in the Contractor’s fully burdened labor rate. Non-production hours shall not be included in pricing submitted in support of growth issued under the LOE to Completion CLINs. Additionally, Contractor LOE to Completion pricing shall not include any allowance for technical representatives or for any other Government directed source unless specifically directed by the Government.

8. Only authorized material dollars shall be deducted from LOE to Completion material reservation set forth in Section B, Note A, paragraph 1 above. This material reservation consists of the total cost of materials and subcontractor efforts proposed. All subcontractor quotes shall be included in the Change Order Price Analysis (COPA) as per Section C, paragraph 1.11. Material dollars may include freight or duties if specifically itemized on the invoice for the material. The Contractor shall not be allowed to add material handling charges, overhead (including G&A), or profit into the settled cost of materials deducted from the material reservation.

9. The information received in the consolidated final report required by Section C paragraph 6.6 will be used by the ACO in the issuance of one contract modification based on the information received in the final report identified in Section C below, which will be a final settlement for all LOE to Completion labor hours and material dollars. Once the number of labor hours and materials for directed work has been settled, neither party shall be entitled to an adjustment because the expended labor hours and materials differ from the settled price. This shall not preclude an adjustment otherwise permitted by law and regulation; e.g.

fraud, product substitution, defective workmanship or materials. Each directed work shall receive approval by the SUPERVISOR and the ACO. (“SUPERVISOR” as defined in NAVSEA Standard Item (NSI) 009- 01, paragraph 4.3, refers to the local Government activity responsible for the execution and contract administration of Navy maintenance and modernization work.)

NOTE B: FIXED SHIP REPAIR LABOR AND MATERIAL BURDEN RATES FOR GROWTH AND NEW

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

1. The Contractor’s fully burdened ship repair labor rate will be used for negotiating all growth and new work to be performed under this contract. The contractor agrees that the number of hours included in its price proposal submitted in response to Requests for Contract Changes (RCCs), Growth Management Requests (GMRs) and Reservation Task Requests (RTRs) shall include only direct production hours. For these purposes, direct production hours are for skilled labor at the journeyman level expended in direct production including but not limited to the following functions:

Abrasive cleaning/blasting Fire Watch Welding Burning Brazing Carpentry Machinists (inside and outside) Electrical Work Electronic Work Engineering Design Support Lagging Ship-fitting Boiler-making Painting Sheet-metal Work Pipefitting Rigging General Labor Staging/Scaffolding Diesel Mechanics

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

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

Testing Quality Assurance Execution Planning Cleaning (except tank cleaning) Supervision (all types, including, but not limited to supervision of trades, support personnel and subcontractors) Security Surveying Administration Transportation Purchasing Staff Lofting Other indirect support Handling & Warehousing Safety/Environmental Program Management

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

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

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

6. For contract changes involving subcontractors, subcontractor quotes will be treated as Other Direct Costs (ODCs) and will be subject to the contract material burden rate shown in paragraph (7) below.

Subcontractor quotes must be competitively acquired and submitted with the contractor’s COPA in response to RCCs, GMRs and RTRs issued by the Contracting Officer. At no time will the proposed total to be performed by the prime contractor combined with subcontractor quote, material quote, and applicable burdens be allowed to cost more than it would have, had the prime contractor directly provided all material and labor. The proposed total pricing restriction addressed in the preceding sentence does not apply in any case where the work is required to be performed by Original Equipment Manufacturers (OEMs), Government directed subcontractors, and/or Government authorized vendors. RCCs and RTRs that are subcontracted for material only (no associated labor required within the RCC) shall not be subject to the Material Burden Rate. Any material burden rate applied to new work shall be approved at the discretion of the ACO, upon receipt of supporting documentation in accordance with FAR 15.404-3 ‘Subcontract Pricing Considerations.’

7. The contract fixed fully burdened ship repair labor rate and material burden rate are shown below. These fixed rates shall be used for negotiating growth and new work during the availability and up to three (3) months after the Attachment J-5 ‘Contract Complete’ date:

USS CURTIS WILBUR FY22 DSRA

Fully Burdened Ship Repair Labor Rate TBD Material Burden Rate TBD

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

Ship Repair Labor Rate and Material Burden Rate (not to exceed the ceiling rate(s) identified above) with the offeror in accordance with FAR 15.4. The rates herein are not considered a Forward Pricing Rate Agreement (FPRA) and are identified solely for the purpose of establishing a ceiling.

9. In the event of an extension due to excusable or compensable delay to the delivery date for the USS CURTIS WILBUR FY22 DSRA, as applicable, the Contractor’s fully burdened ship repair labor rate shall be escalated by 0.59% for the USS CURTIS WILBUR commencing three (3) months after the Attachment J-5 ‘Contract Complete’ date. This rate shall be escalated quarterly through the 24th month, if necessary, following the ‘Contract Complete’ date and shall be used to negotiate all growth and new work. Note, in the event of an excusable delay, this escalation rate shall be applied only to new and growth work not previously identified in the Pricing Worksheet (J-3 Attachment), which forms a part of this Contract. The material burden rate shall not increase.

NOTE C: OPTION ITEMS

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

NOTE D: SCHEDULE OF EXTENS ION DAILY RATES FOR PIERSIDE AND DRY DOCKING (FULLY

BURDENED) FOR PURPOSES OF AN EXTENSION DUE TO COMPENSABLE DELAY

1. In the event of a compensable extension to the dry-docking or delivery date, the Contractor’s fully burdened daily rates as outlined within this Note will be used for negotiating additional dry-dock and/or pierside performance days at the Contractor’s facility under this contract.

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

• Temporary Services, including but not limited to:

o Decking Services o Pumping Services o Electricity

• Internet Connectivity

• Air Conditioning

• Support Services for the Navy, its agents and contractors

• Facilities, including but not limited to:

o Piers o Dry-docks o Office Spaces o Trailers o Parking o Flammable Liquid Storage and Hazardous Material Storage o Material Warehousing and Lay-Down Space

• Program Management and Supervision, including but not limited to:

o Program Management o Supervision o Integration and Scheduling o Cleaning (except tank cleaning) o Quality Assurance o Execution Planning o Security o Administration o Contracts o Purchasing o Other Indirect Support o Safety/Environmental

• Transportation

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

4. The contract’s fixed fully burdened daily rate for pierside and drydock is shown below. These rates are to be used during the applicable availability’s extension period, up to 24 months after the ‘Contract Complete’ date identified in Attachment J-5. If the use of these extension rates is determined to be warranted by the ACO during execution, the Contractor shall submit certified or other than certified cost or pricing data to support the rates (certification requirements are subject to FAR 15.403).

USS CURTIS WILBUR FY22

DSRA

Additional Day Requiring Availability Extension

Additional Day Does Not Require Availability Extension

Additional Dry-Docking Day TBD TBD Additional Pierside Day TBD

5. The Contractor bears the burden of proving the requested extension is compensable in accordance with this contract, and establish the duration of compensability through schedule analysis utilizing the Contractor’s Integrated Master Schedule (IMS) establishing impact to critical path and/or controlling work items. The Government reserves the right to perform its own independent review of the Contractor’s submitted IMS.

The Contractor agrees that, in the event of such an extension, a bilateral modification will be executed with the price of the extension calculated as follows:

Total Price of Extension = D(e) * (P/D) D(e) = Agreed Extension Days to the Delivery Date (P/D) = Price/Day entered in “Daily Extension Rate” tab of Attachment J-3

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

RMC.

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

Total Price of Extension = (D(g) - (D(c)) * (P/D) D(g) = Government Responsible Delay (measured in days) D(c) = Contractor Responsible Delay (measured in days) (P/D) = Price/Day entered in “Daily Extension Rate” tab of Attachment J-3

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

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

Delivery Date, however, the Contractor shall not be entitled to recover its Daily Extension Rate.

9. All terms and conditions under the contract apply to all modifications to extend the delivery date. If the Contracting Officer and Contractor are unable to reach agreement regarding duration or compensability the Government reserves the right to execute a unilateral modification utilizing the parameters outlined in paragraphs 5 through 8 above. Failure to agree on whether a compensable extension is appropriate or the duration of any delivery date extension shall be a dispute subject to the requirements of FAR 52.233-1(Alt.

1) ‘Disputes.’

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

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

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

a. 154 occurrences for growth work computed at a firm fixed price of $8,324 per occurrence, as associated with CLIN 0001AA for the USS CURTIS WILBUR (DDG 54) FY22 DSRA.

b. 5 occurrences for growth work computed at a firm fixed price of $8,324 per occurrence, as associated with CLIN 0001AB for the USS CURTIS WILBUR (DDG 54) FY22 DSRA.

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

4. If the Contractor and Contracting Officer are not able to reach agreement that the price of the growth work is $25,000, or less, then it will be adjudicated through the LOE to Completion process identified in Section B, Note A. However, if negotiations reveal the value of growth work is $25,000, or less, the directed work will be settled in accordance with the Small Dollar Value Growth procedure at the pre-priced value per occurrence identified in Section B, Note E, Paragraph 2, above.

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

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

7. Within 30 days after the ‘Contract Complete’ date, the Contractor and Contracting Officer, utilizing the growth work tracker, shall determine the number of pre-priced occurrences not directed under this contract.

Accordingly, the Contracting Officer will decrease the contract price by an amount calculated by multiplying the remaining number of occurrences by the pre-established firm fixed price per occurrence.

NOTE F: AVAILABILITY SCHEDULE PERFORMANCE

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

• Total contract wide number of labor hours and material dollars to complete growth work as described in NOTE A: LEVEL OF EFFORT TO COMPLETION – SHIP REPAIR, paragraph 1.

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

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

2. The Contractor agrees that the growth work identified in Section B, Note F, Paragraph 1, above, if tasked, shall be performed, purchased and installed concurrently with the work items, without impacting, accelerating, or causing delay or disruption to the work required by the base and option work items, to any other Government contract, or to any other work in progress for the Government.

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

• No more than 50% of the hours or material following the 50% schedule point of the availability (as measured in days between the ‘Availability Start’ and ‘Contract Complete’ milestones in Attachment J-5), adjusted for delay to delivery date.

• No more than 25% of the hours or material following the 75% schedule point of the availability (as measured in days between the ‘Availability Start’ and ‘Contract Complete’ milestones in Attachment J-5), adjusted for delay to delivery date.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

SCOPE OF WORK

1. GENERAL REQUIREMENTS

1.1 The Contractor, under the direction of the Regional Maintenance Center (RMC) as an independent Contractor and not as an agent of the Government, shall furnish the material, support (electrical, crane, rigging, etc.) and facilities (except those furnished by the Government under express provisions of this contract) and provide the management, technical, procurement, production, testing and quality assurance necessary to prepare and accomplish the repairs and alterations required to complete the USS CURTIS WILBUR (DDG 54) FY22 DSRA in accordance with the requirements stated in this Section, the designated Work Item Specifications and Work Item Plans, Drawings, and Other References, the Delivery Schedule, and all other terms and conditions set forth in this contract. The Contractor shall lead or participate in periodic meetings, as required, to facilitate status reporting related to the USS CURTIS WILBUR (DDG 54) FY22 DSRA. Forums will be conducted at a time mutually agreed to by primary participants. These meetings include, but are not limited to, the following:

a) Post Award Conference Integrated Project Team Development (IPTD) Meeting

b) Contract Reading

c) Arrival Conference

d) Schedule Model Review in which the A-30 days Integrated Schedule is presented and reviewed for full integration of other Government work. The Integrated Production Schedule (IPS) shall be developed and maintained and shall include all work project work including but not limited to: Lead Maintenance Activity or Prime Contractor (LMA), Sub-Contractor, Alteration Installation Team (AIT), Ship’s Force and Intermediate or I-Level work.

Attachment J-7 provides the meeting requirements and deliverables. Project Maintenance Team forums designed to enhance work package integration and certification for Government Designated Planning Activity, NSA, Third Party/AITs, Ship's Force, and Prime Contractor.

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

f) Daily Production meetings

g) Weekly Progress meetings

h) Weekly Commanding Officer briefs

i) Post-Availability Integrated Project Team Development (IPTD) Meeting

Category I NAVSEA Standard Items (NSIs) FY22 identified under Attachments J-1 and J-2 are applicable to all items, except NAVSEA Standard Items 009-07, 009-08, 009-60, and 009-74, without further reference. FY22 CH-1 applies to NSIs 009-07, 009-08, 009-60, and 009-74 without further reference.

Category II NSIs FY22 are applicable for all items, except NSI 009-32, when invoked and/or referenced in individual work items specified in Attachments J-1 and J-2. FY CH-1 applies to NSI 009-32 without further reference. NSIs may be found at:

http://www.navsea.navy.mil/Home/RMC/CNRMC/OurPrograms/SSRAC/NSI.aspx. Contractor is obligated to submit all required reporting in accordance with applicable NSIs (See A003).

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

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

a) https://jedmics.net/

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

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

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

1.3 The Contractor shall provide an integrated milestone plan for the applicable awarded availability.

These milestones will include a schedule of key events necessary to meet the contract delivery dates. A critical path analysis and a milestone schedule shall be used to measure schedule accomplishment of the functions and elements required to successfully complete the repair and alterations required to complete the USS CURTIS WILBUR (DDG 54) FY22 DSRA within the availability dates herein.

1.4 INTEGRATED PRODUCTION SCHEDULE DEVELOPMENT, UPDATE, AND REVIEWS: In support of NSI requirements and to confirm the contractor has all available input for development of the Integrated Production Schedule, including the development of the Integrated Work Package, Production Schedule, Integration of O, I and D level Work, Integration of AIT and SHIPALT requirements and any other contractor assigned or Third Party work scheduled for accomplishment concurrent with the CNO availability, the contractor shall, with the RMC, conduct the Work Package Execution Review (WPER). The WPER will take place at the RMC located at the vessel’s homeport.

The RMC will schedule the WPER per the Joint Fleet Maintenance Manual (JFMM) Milestones either as a separate event or concurrent with an Integrated Project Team Development (IPTD) event no later than A-30 for CNO availabilities. This review shall be accomplished following the JFMM, Volume II, Integrated Fleet Maintenance requirements including the Critical Time Period, First 100 Hour Plan, Final 100 Hour plan and identify any schedule or scope impact. See Appendix E of the JFMM II-I-2E-

1. The Contractor shall submit to the supervisor prior to the WPER the developed export of the initial IPS data elements in a sortable/filterable spreadsheet format compatible with Microsoft Excel and in the IPS native software format (e.g. Microsoft Project, Oracle Primavera, etc). Initial submissions shall specify the holiday calendar utilized. The JFMM can be found at https://www.submepp.csd.disa.mil/JFMM/index.htm. The Contractor shall submit to the supervisor prior to the WPER the developed export of the initial IPS data elements in a sortable/filterable spreadsheet format compatible with Microsoft Excel and in the IPS native software format (e.g. Microsoft Project, Oracle Primavera, etc.). Initial submissions shall specify the holiday calendar utilized. All IPS requirements must be compliance with FY22 CH-1 NSI 009-60.

1.4.1 The Contractor shall formally present its Integrated Production Schedule to the Navy Supervisory Authority (NSA) at the WPER, Start of the Availability, 50% complete conference, 75% complete conference, production completion meetings, and for pre Sea Trials requirements. The Integrated Production Schedule shall include Alteration Installation Teams (AIT), Government-Contracted Third Party Maintenance Providers, Ship's Force, Commercial Industrial Services (CIS), and Fleet Maintenance Activity (FMA) work to the maximum extent this information is available. At each meeting, the contractor shall present and explain, at minimum, the following information:

http://www.navsea.navy.mil/Home/RMC/CNRMC/OurPrograms/SSRAC/NSI.aspx https://jedmics.net/ https://mfom.sscno.nmci.navy.mil/MFOM/DoDStatement.aspx https://nsedr.nnsy.navy.mil/ https://www.submepp.csd.disa.mil/JFMM/index.htm

1.4.1.1 The Contractor's latest, Government approved, Integrated Production Schedule created in full compliance with FY22 CH-1 NSI 009-60.

1.4.1.2 The Contractor's current progress in preparing for and/or executing the Availability in accordance with their Integrated Production Schedule. The Contractor shall provide an explanation and mitigation plan in the event of any preparation or execution delays in comparison to their Integrated Production Schedule.

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

1.4.2 In accordance with FY22 CH-1 NSI 009-60 paragraph 3.1.5, the Government hereby specifies that the contractor may complete the Availability utilizing other than a 5-day work week.

1.4.3 FY22 CH-1 NSI 009-60 paragraph 4.2 does not apply to this Contract.

1.4.4 RESERVED

1.5 LOGISTICS: The contractor shall develop and submit all logistics and technical data required, including but not limited to provisioning parts lists, engineering data for provisioning, design change notices, interim support items lists, provisioning technical documentation, demand only transaction reports, commercial off the shelf (COTS) equipment manual revisions, tech manual revisions, and purchase orders. (See CDRLs A005, B001 – B009 and C001 – C002.)

1.6 SMALL BUSINESS SUBCONTRACT REPORT: The contractor shall execute a Small Business Subcontract Report in accordance with FAR Part 19 and the subcontracting goals identified in Section L, V. (See CDRL A001.)

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

1.8 GOVERNMENT FURNISHED MATERIAL: The contractor is to coordinate the delivery and/or pick-up of all Government Furnished Material (GFM) for the applicable availability cited in work specification(s), supporting drawings, references and/or Statement of Work (SOW) with the Project Manager (See CDRL A011.)

1.8.1 Turnover of GFM:

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

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

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

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

1.8.3 Transportation costs shall be included in the contract. Change order will only be issued if there is a Government caused change to pick-up date(s). Government property permanently removed from a vessel that requires a Property Administrator's disposition instructions shall be properly prepared for shipment and be delivered as directed by the Property Administrator. GFM will be listed in paragraph 5 of the Work Item(s) and in Attachment J-8.

1.8.4 The Contractor is required to manage all GFM and CFM which includes purchasing, monitoring, receiving, inspecting, segregating, issuing, determining nonconformance, and disposing of material. This also includes providing an inventory system for both Government Furnished Material and Contractor Furnished Material, including ordering, tagging and warehousing of material. All materials selected for installation must meet the specified standard military performance specifications, Federal performance standards, and may require to be listed on a Qualified Products List (QPL) for shipboard installations.

1.9 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 NSI 009-04. In addition to its rights under clause 252.217-7005 “Inspection and Manner of Doing Work,” the Government shall have the right to deem work or material furnished by the Contractor to be incomplete and not in accordance with the requirements of the job order by reason of the Contractor's failure to comply with the requirements of its quality assurance program and, as such, the Contractor shall not be entitled to progress payments for said work and material. (See CDRL A006.)

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

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

CDRL A007.

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

1.9.2.3 The Contractor shall meet all technical reporting requirements including those set forth in NSI 009-12. (See CDRL A009.)

1.9.2.4 The Contractor shall meet all requirements relating to weight and stability reports for in-service surface ships in accordance with NSI 009-103 and CDRL A0014.

1.9.3 Quality Assurance Surveillance Plan (QASP): The Contractor shall meet the

Performance/Acceptable Quality Level Requirements for each Deliverable/Assessment

Area in the QASP, Attachment J-4. There will be monetary deductions based on unfavorable Contractor performance as stated in the QASP.

1.10 IDENTIFICATION OF CONDITON FOUND: In accordance with the requirements of NSI 009-01, the Contractor shall identify needed repairs and recommend corrective action during contract performance for work/deficiencies discovered which are not covered by the existing work package. For conditions 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”) per CDRL A002.

1.10.1 CONDITION FOUND NOTIFICATION TO GOVERNMENT: CFRs shall be submitted through the Navy Maintenance Database Re-platform (NMDR) within five (5) working days of discovery of the condition. At a minimum, the CFR will include the following:

(1) Identify contract, ship, and hull number

(2) Serialized by CFR number

(3) Identification of the applicable Work Item number

(4) Date requirement was discovered

(5) Description of the work requirement

(6) Specific location of the work

(7) Recommendation for corrective action

(8) Recommendation for the appropriate/best time to accomplish the work (i.e.

during current availability with or without schedule change, future CNO or Continuous Maintenance Availability). Provide supporting rationale for the recommendation, such as cost efficiencies, availability of work force, availability of material, premium expenditures, etc.

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

1.10.2 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. Accuracy of CFR submissions may be evaluated in CPARS and utilized for past performance ratings on future requirements. Additionally, deductions may be assessed in accordance with Attachment J-4, QASP.

1.11 DATA REQUIRED FOR RCC AND LOE TO C REQUESTS: In the event a growth requirement is validated and fully scoped, the Government may generate a RCC or GMR (in support of an LOE to Completion Request) which the ACO may request a firm fixed price proposal from the Contractor.

For all generated RCCs and GMRs, the Contractor shall provide a COPA proposal to the ACO within three (3) business days (See CDRL A002). A Contractor’s COPA shall remain valid for a minimum of 14 calendar days, unless otherwise specified by the ACO; if another timeline is specified by the Government, the Contractor’s COPA shall remain valid for that amount of time. The COPA provided shall include at a minimum:

a. Labor hours to be performed by the Prime Contractor $ _________

b. Subcontractor Quote (If applicable) $__________

c. Material Quote (If applicable) $__________

d. Mark-up (If applicable) $__________

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

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

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

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

Note 5 – Late Submissions: The above documentation must accompany the COPA for the COPA to be considered submitted to the ACO. The number of days a Contractor’s COPA remains valid does not begin until the COPA is considered submitted by the ACO. See Attachment J-4, QASP, for deductions associated with late or invalid COPA submittals.

If circumstances arise where the Contractor is unable to submit a COPA within three (3) business days, the Contractor shall notify the ACO in writing of the specific circumstances and provide a revised date in which a COPA proposal will be submitted. Additional time needed to complete a COPA may be granted solely at the discretion of the ACO. The new timeframe granted solely at the discretion of the ACO and which may differ from the Contractor’s request, shall be met by the contractor. Notification of a late COPA does not exempt the Contractor from meeting its requirement, but will be considered by the Government when conducting a CPARS evaluation and utilized for past performance ratings on future contracts. Late submission of COPAs may result in deductions assessed in accordance with Attachment J-4, QASP.

1.12 DESCOPING REQUIREMENTS: The Government reserves the right to descope this contract at any time and for any reason. Descopes are incorporated into the contract via deletion RCCs and can either be a partial deletion of paragraph(s) from the work specification or deletion of a work item in its entirety. The Government will rely on the labor rates and prices entered in Attachment J-3 Pricing Workbook for negotiating and settling RCCs.

1.12.1 Pricing of Deletion RCCs: The Contractor agrees to price deletion RCCs at the same labor rate proposed in Attachment J-3 Pricing Workbook, as follows:

1.12.1.1 Partial or full work item deletion RCCs from the basic work package will be deleted at the basic labor rate and material burden rates as entered in the Work Item Index Tab of Attachment J-3;

1.12.1.2 Partial or full work item deletion RCCs from settled growth work or new work will be deleted at the basic labor rate and material burden rate as entered in the Labor & Material Burden Rate Tab of Attachment J-3.

1.12.2 Settled Deleted Price:

1.12.2.1 Full Work Item Deletion: For the purposes of pricing a RCC that deletes a work item in its entirety, the Government considers each individual work item to be separately priced. The starting point for negotiations will be the Contractor’s work item price entered in the Work Item Index Tab of Attachment J-3. The burden is on the Contractor to demonstrate production costs incurred. Program management and other indirect costs will not be considered.

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

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