N55236-21-R-0010 Conformed Through A0005.pdf

CODE

(Hour)

PAGE(S)

until 10:00 AM local time 02 Nov 2021

X

A

X B

X C X D

EX

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F 141 - 154

155 - 167

X H 168 - 172 cindy .wong@navy .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA

FAR (48 CFR) 53.214(c)

DO-A3 1 172

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N55236 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

CINDY P WONG (619) 944-5495

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 53

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

54 - 91

92 - 94

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

95 - 98

99 - 103 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 104 - 114 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 115 - 116 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

117 - 139

PART II - CO NTRACT CLAUSES

SOUTHWEST REGIONAL MAINTENANCE CENTER

CODE 420A 3755 BRINSER STREET, STE 1

SAN DIEGO CA 92136

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.

N55236XXXXXXXXXXXXX

5. DATE ISSUED

02 Sep 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N5523621R0010

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QTY U/I UNIT PRICE AMOUNT

CLIN

Number 0001

USS CURTIS WILBUR (DDG-

54)

The Contractor shall prepare for and accomplish repair and alterations during the DRY-DOCK SELECTED

RESTRICTED AVAILABILITY (DSRA) onboard USS CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed data as included in

Attachments J-1 and J-2; and all other terms and conditions set forth in this contract.

See Notes A, B, D, E and F

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FFP

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Number

0001AA

1 Lot

TYCOM BASE ITEMS

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

DRY-DOCK SELECTED RESTRICTED AVAILABILITY (DSRA) onboard USS

CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed data as included in Attachments J-1 and J-2; and all other terms and conditions set forth in this contract.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and

Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PURCHASE REQUEST NUMBER: N55236XXXXXXXXXXXXX

NET AMT

0001AB

TYCOM - BERTHING

RESTRICTED AVAILABILITY (DSRA) onboard USS CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

PSC CD: J999

Contracts - CDRLs

CONTRACT DATA REQUIREMENTS LIST (CDRLs) FOR ALL CLINs, INCLUDING OPTION CLINs, IF EXERCISED.

The data to be furnished hereunder shall be prepared and submitted in accordance with the Contract Data Requirements List, DD Form 1423, Exhibits A, B, C attached hereto. The CDRLs form a part of the schedule of this contract.

Not Separately Priced (NSP)

Number 0003

USS CURTIS WILBUR (DDG-

54) statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

See Notes A, B, C, D, E, F

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

0003AA

OPTION Work Item 130-11-001

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

DRY-DOCK SELECTED RESTRICTED AVAILABILITY (DSRA) onboard USS

CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed

See Notes A, B, C, F

0003AB

Work Item 150-11-013

OPTION The Contractor shall prepare for and accomplish repair and alterations during the DRY-DOCK SELECTED

RESTRICTED AVAILABILITY (DSRA) onboard USS CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

0003AC

OPTION Work Item 244-10-002

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

DRY-DOCK SELECTED RESTRICTED AVAILABILITY (DSRA) onboard USS

CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed forth in this contract..

0003AD

Work Item 256-71-001

OPTION The Contractor shall prepare for and accomplish repair and alterations during the DRY-DOCK SELECTED

RESTRICTED AVAILABILITY (DSRA) onboard USS CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

0003AE

OPTION Work Item 482-10-001

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

DRY-DOCK SELECTED RESTRICTED AVAILABILITY (DSRA) onboard USS

CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed

0003AF

Work Item 521-21-001

OPTION The Contractor shall prepare for and accomplish repair and alterations during the DRY-DOCK SELECTED statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

0003AG

OPTION Work Item 529-11-002

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

DRY-DOCK SELECTED RESTRICTED AVAILABILITY (DSRA) onboard USS

CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed

0003AH

Work Item 529-11-003

OPTION The Contractor shall prepare for and accomplish repair and alterations during the DRY-DOCK SELECTED

RESTRICTED AVAILABILITY (DSRA) onboard USS CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

0003AJ

OPTION Work Item 531-51-001

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

DRY-DOCK SELECTED RESTRICTED AVAILABILITY (DSRA) onboard USS

CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed

0003AK

Work Item 562-11-001

OPTION The Contractor shall prepare for and accomplish repair and alterations during the DRY-DOCK SELECTED statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

0003AL

OPTION Work Item 636-11-001

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

DRY-DOCK SELECTED RESTRICTED AVAILABILITY (DSRA) onboard USS

CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed

0003AM

Work Item 721-31-002

OPTION The Contractor shall prepare for and accomplish repair and alterations during the DRY-DOCK SELECTED

RESTRICTED AVAILABILITY (DSRA) onboard USS CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

0003AN

OPTION Work Item 854-11-001 (CANCELED)

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

DRY-DOCK SELECTED RESTRICTED AVAILABILITY (DSRA) onboard USS

CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed

0003AP

Work Item 857-11-001

OPTION The Contractor shall prepare for and accomplish repair and alterations during the DRY-DOCK SELECTED statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

0003AQ

OPTION Work Item 857-11-002

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

DRY-DOCK SELECTED RESTRICTED AVAILABILITY (DSRA) onboard USS

CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed

0003AR

Work Item 857-11-003

OPTION The Contractor shall prepare for and accomplish repair and alterations during the DRY-DOCK SELECTED

RESTRICTED AVAILABILITY (DSRA) onboard USS CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

0003AS

OPTION Work Item 992-11-003

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

DRY-DOCK SELECTED RESTRICTED AVAILABILITY (DSRA) onboard USS

CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed

0003AT

Work Item 992-11-005

OPTION The Contractor shall prepare for and accomplish repair and alterations during the DRY-DOCK SELECTED statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

0003AU

OPTION Work Item 992-11-013

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

DRY-DOCK SELECTED RESTRICTED AVAILABILITY (DSRA) onboard USS

CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed

0003AV

Work Item 992-11-014

OPTION The Contractor shall prepare for and accomplish repair and alterations during the DRY-DOCK SELECTED

RESTRICTED AVAILABILITY (DSRA) onboard USS CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

0003AW

OPTION Work Item 992-21-001

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

DRY-DOCK SELECTED RESTRICTED AVAILABILITY (DSRA) onboard USS

CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed

0003AX

Work Item 993-11-002

OPTION The Contractor shall prepare for and accomplish repair and alterations during the DRY-DOCK SELECTED statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

0003AY

OPTION Work Item 993-31-006

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

DRY-DOCK SELECTED RESTRICTED AVAILABILITY (DSRA) onboard USS

CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed

Number 0004

NAVSEA Option statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

0004AA

OPTION NAVSEA Work Item 980-90-003

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

DRY-DOCK SELECTED RESTRICTED AVAILABILITY (DSRA) onboard USS

CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed

Number 0005

NAVSEA Option statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

0005AA

OPTION NAVSEA Work Item 980-90-011

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

DRY-DOCK SELECTED RESTRICTED AVAILABILITY (DSRA) onboard USS

CURTIS WILBUR (DDG 54) as specified in the statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

Item Plans, Drawings and Other References; the Delivery Schedule; other detailed forth in this contract..

Number 0006

TYCOM OPTIONS

statement of work provided herein and in accordance with the Standard Items; Work Item Specifications; Work

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation are applicable for this line item. The Contractor shall provide DoD unique identification or a DoD recognized unique identification

0006AA

TYCOM LOE to Completion

Growth Associated with SCLIN 0001AA. See Attachment J-3.

Note: The requirements in DFARS 252.211-7003, Item Identification and

Valuation, are applicable to this line item. The contractor shall provide DoD

0006AB

Growth Associated with SCLIN 0001AB. See Attachment J-3.

Note: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable to this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification

0006BA

OPTION TYCOM LOE to Completion

Growth Associated with SCLIN 0003AA. See Attachment J-3.

0006BB

OPTION Growth Associated with SCLIN 0003AB. See Attachment J-3.

Note: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable to this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification

0006BC

Growth Associated with SCLIN 0003AC. See Attachment J-3.

0006BD

Growth Associated with SCLIN 0003AD. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

0006BE

Growth Associated with SCLIN 0003AE. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

0006BF

Growth Associated with SCLIN 0003AF. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

0006BG

Growth Associated with SCLIN 0003AG. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

0006BH

Growth Associated with SCLIN 0003AH. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

0006BJ

Growth Associated with SCLIN 0003AJ. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

0006BK

Growth Associated with SCLIN 0003AK. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

0006BL

Growth Associated with SCLIN 0003AL. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

0006BM

Growth Associated with SCLIN 0003AM. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

0006BN

Growth Associated with SCLIN 0003AS. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

0006BP

Growth Associated with SCLIN 0003AT. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

0006BQ

Growth Associated with SCLIN 0003AU. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

0006BR

Growth Associated with SCLIN 0003AV. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

0006BS

Growth Associated with SCLIN 0003AW. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

0006BT

Growth Associated with SCLIN 0003AX. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

0006BU

Growth Associated with SCLIN 0003AY. See Attachment J-3.

unique identification or a DoD recognized unique identification equivalent.

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 EXTENSION 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.

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

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

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

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

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

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

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

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

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

Contracting Officer.

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

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

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

(End of text)

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

(NAVSEA) (OCT 2018)

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

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

B-231-H002 WORKSITE TRAVEL COSTS (NAVSEA) (OCT 2018)

(a) The contractor shall not charge, and the Government shall not pay, as an allowable cost under this contract, any manhour costs (whether straight-time or overtime) for contractor personnel or subcontractor personnel traveling to or from worksites, including travel to worksites other than the contractor's facility for performance of contract work.

(b) Workers being paid under this contract, as prime contractor personnel or subcontractor personnel, will complete a full shift at the worksite, and no compensation will be paid for travel time before or after the shift.

(c) This requirement pertains only to payments for travel time before or after these workers' regular shifts

(commuting costs), and does not apply to legitimate travel costs incurred during normal working hours, provided that those costs are otherwise reasonable, allocable and allowable and approved in writing by the Government. This requirement does not apply to manufacturer's representatives or Original Equipment Manufacturer (OEM) representatives when specifically required by the Government work specifications.

(d) Additionally, the contractor shall not charge, and the Government shall not pay, any transportation costs under this contract associated with transporting contractor or subcontractor personnel between the contractor's facility (or subcontractor's facility), and any other worksite to perform ship repair, maintenance or modernization.

Transportation costs include, but are not limited to, bus fare, car fare, train fare, or boat fare, paid by the work force, or paid by the contractor on behalf…