N55236-21-R-0010 Amendment 0005.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 answ er pre-proposal inquiries and to include RFP N5523621R0010 conformed through A0005. All other terms and conditions remain unchanged.

SEE CONTINUATION PAGES

1. CONTRACT ID CODE PAGE OF PAGES

J 1 18

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

16C. DATE SIGNED

BY

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

06-Oct-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 A0005

II. Answer the following Pre-Proposal Inquiries:

Question 1:

Please identify if a bidder will be excluded from award on the sole basis of taking an exception to any portion of the following clause on page 45 of the Solicitation, Section B, Note A, Para. 4. “LOE to Completion labor hours and material are not subject to an equitable adjustment under FAR

52.243-1 ‘Changes – Fixed Price’. The utilization of LOE to Completion is at the discretion of the

Contracting Officer and subject to the schedule phasing identified in Note F.”. If yes, please identify the portion(s) that a bidder is required to accept as a condition of award.

Answer 1:

In accordance with Section L. III.c, Alteration of Solicitation, “Offerors shall respond to the solicitation as posted. Offerors who alter the solicitation (except for completing appropriate “fill-in” blocks and certifications) may be considered unacceptable and thus ineligible for award.” An offeror is required to accept what is stated in the solicitation and sign the SF 33 with all amendments acknowledged.

Question 2:

Please confirm that the Government concurs that the LOE to C Labor Hours and material values depicted on pages 44/45, RFP Section B, Note A, Para. 1., will be changed only by mutual agreement of the Parties.

Answer 2:

The Government reserves the right to unilaterally convert hours to materials, and/or materials to hours, using the contractual labor and material growth rates, provided that said conversions do not exceed the dollar value of the Level of Effort to Completion SCLINs listed in paragraph 1 of Note

A.

Question 3:

Please confirm that RFP Section B, NOTE F, page 51 will apply to and incorporate any additional

CLINs the Government adds to fund completion of LOETC work.

Answer 3:

Note F applies to SCLINs listed on Note A, paragraph 1 and Note E, paragraph 2.

Question 4:

Please confirm that the limits to ordering of growth work set in RFP Section B, Note F, page 51, paragraph 3 shall include all LOETC growth work and all SDVG growth and change work performed under the contract.

Answer 4:

Note F, paragraph 3, applies to Level of Effort to Completion growth work and small dollar value growth performed under the contract. Note F does not apply to changes as contemplated under the

Changes clause.

Question 5:

RFP Section C, page 74, invokes C-217-H005. That clause references "growth and new work" and defines growth work as being the same as "over and above work" as defined by DFARS 252.217-

7028. However, the clause does not define what is meant by the term "new work." For the purposes of this clause and the contract in general, please define the term "new work."

Answer 5:

C-217-H005 GROWTH AND NEW WORK (NAVSEA) (JAN 2019) provides: "New work is distinguished from over and above work and is outside the scope of the competitively procured requirement. New work will be approved in accordance with FAR Part 6 and associated policies and procedures."

Question 6:

RFP Section C, page, 66, Paragraph 6.9 states that C-217-H005 does not apply to CLINs: 0016AA –

0016AE, 0017AA – 0018AE. If that clause does not apply to these CLINs, then the definition of growth work provided in that clause does not apply to the identified CLINs. Please identify the definition of "growth work" to be used for CLINs: 0016AA – 0016AE, 0017AA – 0018AE.

Answer 6:

The definition of growth is the same for the CLINs identified in the question. “Growth” is work discovered during the course of performing overhaul, maintenance, and repair efforts that is (1) within the general scope of the contract; (2) not covered by the line item(s) for the basic work under the contract; and (3) necessary in order to satisfactorily complete the contract. SCLINs 0016AA –

0016AE and 0017AA – 0018AE are revised and now reflected as SCLINs 0006AA – 0006AB and

0006BA through 0006BU via RFP N5523621R0010 conformed through A0005.

Question 7:

RFP Section B, Note B, page 46 refers to "New Work." The Solicitation does not define the term

"New Work." Please explain what the Government considers to be "New Work" and also confirm that "New Work" does not include Change pursuant to FAR 52.243-1 or DFARS 252-217-7003.

Answer 7:

Solicitation Section C, C-217-H005 GROWTH AND NEW WORK (NAVSEA) (JAN 2019), provides: “New work is distinguished from over and above work and is outside the scope of the competitively procured requirement. New work will be approved in accordance with FAR Part 6 and associated policies and procedures.”

Question 8:

NOTE F, Paragraph 3 of the RFP Section B, page 51 states that it applies to LOETC in NOTE A and

SDVG in NOTE E and references only growth work. Please confirm that the Government intends

NOTE F to apply to small dollar value change in addition to small dollar value growth. Will the

Government revise NOTE F to clarify what that NOTE applies to?

Answer 8:

No, the Government will not revise Note F. Note F applies only to growth work and small dollar value growth performed under the contract.

Question 9:

RFP Section C, Paragraph 1.11, page 58 of the Scope of Work states that "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”. Please confirm that the Government will issue a GMR for LOETC Growth and

Requests for Contract Change (RCCs) will be issued only for Change under FAR 52.243-1 or

DFARS 252-217-7003.

Answer 9:

Small Dollar Value Growth (SDVG) and 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 SDVG or LOE to Completion is at the discretion of the Contracting

Officer.

Question 10:

RFP Section B, Note E, page 50 refers only to growth items. Please confirm that the Government intends Note E to apply to growth items and change. Will the Government revise this Note to identify that it applies to both growth and change.

Answer 10:

No, the Government will not revise Note E. Note E applies only to growth with a price of $25,000 or less.

Question 11:

RFP Section B, NOTE F, page 51 states that "The Contractor shall schedule the performance of all

Base and Option items in the work package, so as to permit a contract scope increase up to the:

• Total contract 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.

Please confirm that the requirement in NOTE F is to allow scheduling all Base and Option items to include a scope increase plus the amount of LOETC identified in NOTE A applies only to the amount of labor hours and materials dollars specifically stated in NOTE A.

Answer 11:

No, the language of Note F applies only to the amount of labor hours and material dollars to complete growth work described in Section B, Note A (as may be adjusted pursuant to paragraph 2 of Note A) and the number of Small Dollar Value Growth occurrences as established by Note E.

Note F does not apply to changes as contemplated by the Changes clause.

Question 12:

Solicitation N5523621R0010, Section B, Page 50 of 172, NOTE E: SPECIAL AGREEMENT FOR CHANGES WITH A PRICE OF $25,000 OR LESS, Paragraph 1. States, “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.”

Bidder’s Question:

In NOTE E, will the Government clearly identify changes in drawings when they have determined that "no additional work is required"?

Answer 12:

Please refer to Note E of the RFP, regarding growth item pricing procedures. If Note E procedures are followed correctly, communication with the Contracting Officer would establish whether changes, if any, to drawings would require additional work.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

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, at A-60, in which the Integrated Production 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 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 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:

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 3.1.6, 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.

1.13 MODIFICATION NEGOTIATION: Once the Government receives the Contractor’s COPA, it will evaluate and negotiate it in accordance with applicable Agency regulations and policies. If necessary, the Government may issue unilateral modifications to accomplish required work using the pre-priced labor and material rates, outlined in Section B of this contract.

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

Condition Found Reports throughout the administration of this contract. In addition to the submission of reports, the contractor shall also utilize NMD to enter in data fields for check points (scheduling, inspection data, and inspection results), entering test and inspection plan (TIP) data, entering and adjudicating Corrective Action Requests (CAR) information, and CFR and Required Report submittal and management inside the program. NMD is located at:

https://mfom.sscno.nmci.navy.mil/MFOM/DodStatement.aspx.

When required, the Contractor shall have access to and use Naval Ships Engineering Drawing

Repository (NSEDR), Electronic Departures from Specifications (EDFS), and other logistic support required throughout the administration of this contract per the CDRLs and standard items invoked at the time of delivery order issuance.

1.15 ORGANIZATION CHART AND EMPLOYEE ROSTER:

1.15.1 ORGANIZATION CHART: Within 30 days of contract award, the Contractor shall submit a chart detailing each management, technical, engineering and production position from the highest company level to the lowest supervisory level. Include descriptions of each position describing the duties, responsibilities, authority and names of the individuals filling the positions, as well as identification of whether each individual is assigned to the contract full time. The organizational chart must represent the facility that will perform the work.

https://mfom.sscno.nmci.navy.mil/MFOM/DodStatement.aspx

1.15.2 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 NSA 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.

1.16 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. The only exception to this is if the Contractor is ordered to stop for a safety reason.

If the Contractor believes it has been directed to perform work outside the scope of the contract, it must notify the Contracting Officer immediately.

2 LOCATION

2.1 The required place of performance for the Availability shall be the Contractor’s facility.

2.2 DRY-DOCK CERTIFICATION: The dry-docking of all vessels shall be accomplished in dry-docks certified in accordance with MIL-STD-1625D(SH) dated 27 August 2009.

3 COST, SCHEDULE AND FINANCIAL DATA

3.1 USS CURTIS WILBUR (DDG 54) must be delivered, mission-ready, no later than the “Contract

Complete – Mission Ready Vessel Delivered to Fleet” (‘Contract Complete’) date included in

Attachment J-5.

3.2 MILESTONES: In addition to the “Contract Complete” date included in the Attachment J-5, the

Government has established execution dates for the milestones identified in Attachment J-5. If any milestone event is not accomplished by the date provided, and the failure to accomplish is due to the fault or negligence of the Contractor, such failure may 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).

3.3 DELAYS / DISRUPTIONS: The Contractor shall coordinate the work effort with the NSA 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 clock (8) hours or less in duration (and is not the cumulative effect of labor hour impact). Minor delays and/or disruptions are considered normal rather than unusual occurrences during the performance of tasks ordered under these resulting contracts. The

Government will not provide any schedule relief for minor delays/disruptions. The burden is on the

Contractor to establish a delay/disruption is not minor in nature, by immediate verbal notification to the Project Manager and Contracting Officer, followed by a written statement within 24 hours after occurrence of delay, stating time of impact, reason for delay, duration of impact, number of people affected, action taken to properly schedule the work, action taken to minimize impact, and the names of the Government person(s) contacted, and impact to the critical path and/or controlling work items.

3.4 SCHEDULE AND ASSOCIATED REPORTS: The scheduling of work, resources, key events and milestones submitted by the Contractor shall be in accordance with NSI 009-60 and associated CDRLs during the course of contract performance and shall not be materially different from the Schedule and

Associated reports provided in the Contractor’s technical proposal.

3.5 MILESTONES FOR CERTAIN REPORTS: Quality Assurance Surveillance Plan (QASP) Attachment

J-4 - The Contractor shall complete the necessary work associated with the reports due on or before the first 20% of the availability duration and submit to the Government the required reports in the necessary format and containing the required information as specified in the Work Item in accordance with their prescribed due dates or be subject to the deductions provided in the QASP.

3.6 END COST DATA: In accordance with the reporting requirements in CDRL A016, the Contractor shall provide final actual prime and subcontractor hours, material cost and duration for each Work

Item, inclusive of all definitized Request for Contract Changes (RCC) incorporated in the work package:

3.6.1 Subcontractor hours and material cost may be estimated based on the actual Prime

Contractor outlay to subcontractors.

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

3.7 MONTHLY MANPOWER REPORT: Monthly manpower management information shall be provided in accordance with the requirements of CDRL A017.

4 SAFETY

4.1 SAFETY INSPECTOR/FIRE MARSHAL: In addition to the safety standards provided in the specifications, the Contractor is responsible for providing an experienced Safety Inspector/Fire

Marshal who will accomplish daily inspections of the Contractor's entire work area on the ship, together with the Contracting Office’s Safety Representative. This Inspector or Fire Marshal 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 Government is currently in force protection condition

BRAVO. 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 FIRE PREVENTION / FIRE DRILL: The Contractor will meet the requirements of the NAVSEA

Industrial Ship Safety Manual for Fire Prevention and Response (8010 Manual) and NAVSEA

Standard Item FY22 CH-1 including, NSI 009-07, 009-08, and 009-74, and the requirements outlined in work items 077-11-001 and 992-11-002. The Contractor shall coordinate the execution of a full scale 8010 Manual CH 12, FY22 CH-1 fire drill with the NSA within the first 30 days after the ship's arrival at the Contractor's facility. The drill will include at a minimum the requirements of the drill specified in 8010 Manual CH 12, NSIs FY22 CH-1 009-08 (Fire Protection at Contractor's Facility;

Accomplish. For the Contractor, this drill will require all production work to stop for a minimum of four (4) hours during day shift on the selected day. As part of the drill, the Contractor is required to evacuate the ship, provide a muster report of all personnel safely off ship, support the drill with any firefighting personnel/company emergency procedures, and support the disconnection of temporary services at the drill site. Temporary services at the drill site will be disconnected in the process of the drill, and the Contractor will be responsible for restoring them after the drill. This drill will require involvement with the local fire department. An additional fire drill may be required if the availability exceeds 180 days and 360 calendar days. All costs associated with drill and production time losses shall be included in proposal. For awareness, the Government will be conducting the drill and using the evaluation criteria found in CH-12, 13, and Appendix A, of S0570-AC-CCM-010/8010.

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

Government-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

Government’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. Local installation policies shall also apply.

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 Proposal Due

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.

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

5.5 FIRE PREVENTION: The Contractor will meet requirements of the NAVSEA Industrial Ship Safety

Manual, for fire prevention and response (8010 Manual) and NSI 009-28 and 009-08. The Contractor will account for required fire drills in the proposed work schedule. Availability of ship fire main will be determined by the Project Manager.

5.6 WORK AUTHORIZATION DURING AND AFTER BUSINESS HOURS: The Contractor shall accept any form of electronic media or verbal authorizations to proceed from the Contracting Officer during and after normal business hours, including weekends and holidays.

5.7 CRITICAL WORK AUTHORIZATION DURING AND BEYOND NORMAL BUSINESS HOURS:

The Contractor shall accept any form of electronic media or verbal Authorizations to Proceed (ATP), Not-to-Exceed (NTE) obligations and Undefinitized Contract Actions (UCAs) from the Contracting

Officer during and after normal hours, including weekends and holidays. Any verbal authorization will be followed up by written confirmation by the ACO within 24 hours.

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

The Government will provide the Contractor a ceiling amount, not to exceed amount, and a definitization schedule. The Contractor’s growth/new work rate established in Note B, shall be utilized when establishing the NTE amount. The contractor shall promptly begin work after receiving verbal or written direction by the Contracting Officer. The

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

6 ACCOUNTABILITY OF LEVEL OF EFFORT TO COMPLETION GROWTH

6.1 In addition to the specific requirements of the job order or contract, the Contractor shall accomplish the following:

6.2 Following receipt of a RCC, provide a COPA to the ACO (which meets the requirements of Section C, paragraph 1.11 above) and a signed Growth Management Request (GMR). The Contractor must http://www.dtic.mil/whs/directives/corres/pdf/522022_vol3_2014.pdf provide the COPA and sign and deliver the GMR and supporting documentation to the SUPERVISOR and ACO.

6.3 The SUPERVISOR and Contracting Officer shall review the estimate submitted and if in agreement, shall sign the GMR authorizing the work at the labor hour and material dollars quoted. No work will be authorized prior to the Contracting Officer’s signature.

6.3.1 In the event the Contractor’s estimate differs from that of the RMC, the labor hours and…