RFP, N62470-20-R-1001.pdf

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until 02:00 PM local time 23 Mar 2020

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44 - 49 X H 50 - 55 mikel.outen@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)

DX-C9 1 55

(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.

N62470 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

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

Bldg. 491, Portsmouth, VA conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

MIKEL L. OUTEN 757-967-3836

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 3

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

7 - 8

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 9 - 13 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 14 - 15 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

16 - 37

PART II - CONTRACT CLAUSES

COMMANDER NAVFAC ATLANTIC

NAVY CRANE CENTER

NORFOLK NAVAL SHIPYARD

BLDG 491

PORTSMOUTH VA 23709-5000

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

20 Feb 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N6247020R1001

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each

120 TON BRIDGE CRANE

FFP

Provide all supervision, labor, equipment and materials to design, fabricate, assemble, shop test, install and field test one 120 ton bridge crane at EHW-1 Kings Bay, GA, in accordance with the specification (Attachment A).

NOTE: Upon acceptance of the crane, 3% of CLIN 0001 will be withheld until completion of a one year warranty period. The 3% of funds withheld from CLIN 0001 for the Contractor’s performance during the warranty period, will be adjusted at time of award and shown as a separate line item. In the event there is a difference between a unit price and the extended total, the unit price will be held to be the intended bid. If the offeror shows only the total price, but fails to enter a unit price, the total divided by the estimated quantity will be held to the intended unit price.

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

NET AMT

0002 Each

120 TON DOUBLE GIRDER BRIDGE CRANE

FFP

Provide all supervision, labor, equipment and materials to design, fabricate, assemble, shop test, install and field test one 120 ton bridge crane at EHW-1 Kings Bay, GA, in accordance with the specification (Attachment A).

NOTE:

Upon acceptance of the crane, 3% of CLIN 0002 will be withheld until completion of a one year warranty period. The 3% of funds withheld from CLIN 0002 for the Contractor’s performance during the warranty period, will be adjusted at time of award and shown as a separate line item. In the event there is a difference between a unit price and the extended total, the unit price will be held to be the intended bid.

If the offeror shows only the total price, but fails to enter a unit price, the total divided by the estimated quantity will be held to the intended unit price.

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.

0003 Each

REMOVAL OF TWO (2) EXISTING CRANES

FFP

Provide all supervision, labor, equipment and materials to remove two (2) existing cranes at EHW-1, Kings Bay, GA.

Section C - Descriptions and Specifications

C1 DESCRIPTION OF WORK

Procure two (2) 120-ton double girder, outdoor cab operated overhead electric traveling (OET) ordnance handling cranes, each with a 30-ton auxiliary hoist, with a backup radio-controlled system. The North and South cranes, identified as 83-00509 and 83-00508 respectively, will share the same runway and will be installed in the Explosive Handling Wharf Building No.1. The new cranes are identical, and the NAVFAC Specification (Attachment A) in Section J of this solicitation, applies to both cranes.

The cranes shall be built to the design of a registered professional engineer. The cranes shall be designed, fabricated, assembled, shop tested, delivered, installed, inspected, field tested, and made ready for use in accordance with the specification, as contained as Attachment A in Section J of this solicitation.

The Contractor shall remove and dispose, with component exceptions, the two existing 120-ton bridge cranes prior to the installation of the new cranes.

C2 CONTRACT AWARD

This acquisition is solicited on a restricted basis for small businesses and is anticipated to result in the award of a single firm fixed price contract.

The acceptance period for this solicitation shall be no less than ninety (90) calendar days. Section 12 of the SF33 shall conform to the Government’s ninety (90) day acceptance period, unless a longer acceptance period is proposed by the Offeror. Offeors providing less than the minimum ninety (90) calendar days for Government acceptance after the date offers are due may not be considered.

C3 NORTH AMERICAN INDUSTRY STANDARD (NAIC)

The NAICs code assigned to this procurement is 333923, and the corresponding small business size standard is 1,250 employees.

C4 WAGE DETERMINATION

Wage Determination No 2015-4516, (Attachment B), dated Dec 23, 2019, is applicable to this procurement.

C5 BONDING

A Standard Form 24, Bid Bond (Attachment C), in accordance with FAR 52.228-1, shall be included with your proposal. Performance Bonds (Attachment G) and Payment Bonds (Attachment H), in accordance with FAR 52.228- 16, shall be provided by the contractor within fifteen (15) days after contract award, but in any event, before starting work. See FAR 52.228-1 and 52.228-16 for more details on bonding requirements.

Section D - Packaging and Marking

D1 PRESERVATION AND PACKAGING

Equipment and supplies shall be preserved and packaged in accordance with the contractor’s standard commercial practice, consistent with applicable ASTM/ANSI requirements and other applicable Industry or Federal Standards, which shall insure acceptance by the carrier for safe delivery and arrival, and shall provide adequate protection for outside storage.

D2 MARKING

Interior packages, shipping containers, bundles, and loose pieces shall be marked in accordance with the Contractor’s standard practice in accordance with STM, ANSI or other applicable Industry/Federal Standards.

Section E - Inspection and Acceptance

E1 INSPECTION AND ACCEPTANCE

CLINs 0001 and 0002 shall be inspected in proceses at the Contractor’s facility by DCMA. Final acceptance and inspection for CLINs 0001 and 00002 shall be at destination by the Navy Crane Center in accordance with technical specifications and related technical data.

E2 ACCEPTANCE

The performance and quality of work delivered by the contractor, including supplies rendered and any documentation or written material compiled shall be subject to inspection, review, and acceptance by the government.

E3 GOVERNMENT QUALITY ASSURANCE

In accordance with FAR 52.246-2 "INSPECTION OF SUPPLIES-FIXED PRICE (AUG 1996)" clause, supplies rendered under this contract are subject to government inspection during both the contractor's operations and after completion of the tasks. The Government's Quality Assurance Surveillance Program is not a substitute for Quality Control by the Contractor.

E4 PERFORMANCE EVALUATION MEETINGS

The Contractor shall meet with the Government at times designated by the Government and at no cost to the government to discuss overall management of the contract. A mutual effort shall be made to resolve all problems identified. The written minutes of these meetings, prepared by the Government, shall be signed by the Contractor's representative and the Government's representative. Should the Contractor not concur with the minutes, the Contractor shall state in writing to the Contracting Officer any areas of disagreement within 15 calendar days.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

F1 TIME OF DELIVERY

The contract completion date for CLINs 0001, 0002, and 0003 shall be 30 September 2022.

F2 CONTRACTOR PERFORMANCE

Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website http://www.cpars.gov/. Prior to commencement of work the contractor is required to provide the government with the name, phone number and email address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the government in the appropriate system. It is the contractor’s responsibility to keep this contact information current.

F3 PLACE OF DELIVERY: DESTINATION

The contractor shall deliver the equipment F.O.B. to the destination.

F. O. B. means free on board at destination; i.e., the seller or consignor delivers the goods on seller’s or consignor’s conveyance at destination. The cost of shipping and risk of loss are borne by the seller or consignor.Offloading, post-delivery testing and other post-delivery services are included in this delivery. Refer to FAR clause 52.247-34, F.o.b. Destination, incorporated herein by reference.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30-SEP-2022 DIRECTOR, NAVY CRANE CENTER

MATTHEW MULLER

NAVAL FACILITIES ENGINEERING

COMMAND

NORFOLK NAVAL SHIPYARD

BLDG 491

PORTSMOUTH VA 23709-5000

757-396-0228

N3258A

0002 30-SEP-2022 (SAME AS PREVIOUS LOCATION)

0003 30-SEP-2022 (SAME AS PREVIOUS LOCATION)

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.247-58 Loading, Blocking, And Bracing Of Freight Car Shipment APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $530 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

(End of clause)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be a DX rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

Section G - Contract Administration Data

G1 RESPONSIBILITIES FOR CONTRACT ADMINISTRATION

(a) The cognizant Defense Contract Management Agency (DCMA), as identified on the award document will be designated to perform field administration of this contract. This includes the functions of progress payments, quality assurance (as assigned), production progressing to insure timely and complete delivery of all items under the contract including technical data as required, and preparation and issuance of Government Bills of Lading (GBL), unless otherwise provided for in the contract.

(b) The cognizant paying office identified on the award document will make payments.

(c) Final payment will be issued upon completion of all requirements of Section E.

G2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

If a COR is designated, the Contracting Officer upon contract award will appoint the individual in writing. A Contracting Officer’s Representative (COR) is NOT a Contracting or Ordering Officer and DOES NOT have authority to take any action, either directly or indirectly, that would change the pricing, quantity, quality, place of performance, delivery schedule, or any other terms and conditions of the contract (or delivery order), or to direct the accomplishment of effort which goes beyond the scope of the Statement of Work in the contract (or delivery order).

The COR is technically responsible for monitoring of contractor performance and is the sole technical point of contact. The Contracting Officer may also appoint, in writing, an alternate COR to perform the responsibilities and functions of the COR.

G3 TECHNICAL DIRECTION

(a) As provided by the contract provision DFARS 252.201-7000, “CONTRACTING OFFICER’S

REPRESENTATIVE (COR).”

G4 INVOICING INSTRUCTIONS

All invoices will be processed through Wide Area Work Flow (WAWF) pursuant to DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Specific instructions will be provided in the award document pursuant to DFARS 252.232-7006 Wide Area Workflow Payment Instructions.

*Transportation of Supplies by Sea statement should be attached to the final invoice for each crane CLIN.

The contractor’s final release statement should be attached to the final invoice for the contract.

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions

G5 GOVERNMENT FINANCING

Proposed pricing and contract award will be based on customary progress payment financing in accordance with FAR 32.005(a)(1). Prior to approval of progress payments, the government must determine the adequacy of the contractor’s accounting system and controls. If a current (within the last 12 months) audit is not available, the administrative contracting officer may request an audit of the contractor’s books and records by the audit agency (see FAR 32.503-3).

G6 GOVERNMENT PROPERTY INCIDENTAL TO THE PLACE OF PERFORMANCE

1) Definitions:

a. Government property incidental to the place of performance, hereinafter referred to as GPIPP, is defined as property that is located at and related to the place of performance and which remains accountable to the Government. GPIPP is retained by the activity at the location where the new crane is being installed by the contractor, or where the crane is being overhauled by the contractor, and is not subject to the terms of FAR 52.245-1, per FAR 45.000(b)(5).

b. Loss of GPIPP is defined as loss, damage or destruction to GPIPP that reduces the Government’s expected economic benefits of the property.

2) The following GPIPP is being provided for the contractor’s use in performance of this contract:

• Certified Test Weights and Associated Rigging Gear

3) The Government will make available the GPIPP identified herein during the contractor’s mobilization on site for the crane installation and/or overhaul. The contractor shall use such GPIPP only in connection with performance under the contract. The contractor, together with the Navy Crane Center Quality Assurance Representative, shall inspect and document the condition of the GPIPP prior to it being turned over for use by the contractor and again when it is returned to the Government.

4) The contractor shall not make any alterations or improvements to the GPIPP without written permission from the Contracting Officer. Any such alterations or improvements will become property of the Government; however, if the Government requires removal or dismantling of such alterations or improvements, it shall be accomplished at the contractor’s expense and the contractor shall return the GPIPP to a state that is equal to or better than its prior condition, as determined by the Contracting Officer.

5) The contractor is liable for Loss of GPIPP, as identified herein, to the extent that: 1) the loss occurs while the GPIPP is in its possession (i.e., being used by the contractor for performance of the contract); and 2) the loss is a result of negligence, misuse, or willful misconduct by contractor personnel, as determined by the Contracting Officer.

6) Any claims arising from the use of this GPIPP shall be directed to the Contracting Officer immediately.

52.232-13 Notice Of Progress Payments APR 1984 52.232-16 Progress Payments APR 2012 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.232-7004 DOD PROGRESS PAYMENT RATES (OCT 2014)

If the Contractor is a small business concern, the Progress Payments clause of this contract is modified to change each mention of the progress payment rate and liquidations rate (excepting paragraph (k), Limitations on Undefinitized Contract Actions) to 90 percent.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC ____

Admin DoDAAC** ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Section H - Special Contract Requirements

H1 SITE SPECIFIC REQUIREMENTS

Site specific requirements for two (2) 120/30 Ton Overhead Electric Traveling Cranes at Strategic Weapons Facility Atlantic, Kings Bay, GA, are provided in Attachment A, NAVFAC Specification.

H2 SPECIAL CONTRACT REQUIREMENTS

The contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance:

COVERAGE

Type of Insurance: Per Person Per Accident Property General Liability $ 500,000.00 Automobile Liability $200,000.00 $ 500,000.00 $20,000.00 Workmen’s Compensation As Required Under FAR 28.307-2 (Other as required by State Law)

A Certificate of Insurance shall be submitted to the Contracting Officer for review and approval. No work shall commence until this notice has been presented to the Contracting Officer.

The only wording that is acceptable to the Government in the Cancellation section of the Certificate of Insurance is the endorsement stating:

"ANY CANCELLATION OR MATERIAL CHANGE IN THE COVERAGE ADVERSELY AFFECTING THE

GOVERNMENT'S INTEREST SHALL NOT BE EFFECTIVE FOR SUCH PERIOD AS THE LAWS OF THE

STATE IN WHICH THIS CONTRACT IS TO BE PERFORMED PRESCRIBE; OR UNTIL 30 DAYS AFTER

THE INSURER OR THE CONTRACTOR GIVES WRITTEN NOTICE TO THE CONTRACTING OFFICER,

WHICHEVER PERIOD IS LONGER."

The Certificate Holder will be Commander, NAVFAC Atlantic, Navy Crane Center, Norfolk Naval Shipyard, Building 491, Portsmouth, VA 23709-5000.

See FAR 52.228-5 for additional requirements with regard to insurance.

AUTHORITY

1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

(a) An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

(b) A purported modification or change order issued by anyone other than the Contracting Officer;

(c) A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

(d) An order, direction, consent, or permission from anyone other than the Contracting Officer to:

(i) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

(ii) Expend hours in excess of a specified level of effort.

NOTICE OF BONDING REQUIREMENTS

Within 15 days after receipt of award, the bidder/offeror to whom the award is made shall furnish the bonds required by FAR Clause 52.228-16.

Bidders/offerors are hereby notified that the contract time for purposes of fixing the completion date, default, and liquidated damages will be as stated in FAR Clause 52.211-10 Commencement, Prosecution, and Completion of Work, regardless of when performance and payment bonds or deposits in lieu of surety are executed.

UTILITIES FOR CONSTRUCTION AND TESTING

The Contractor shall be responsible for obtaining, either from available Government sources or local utility companies, all utilities required for construction and testing. The Contractor shall provide these utilities at his expense, paid for at the current utility rate delivered to the job site. The Contractor shall provide and maintain all temporary utility connections and distribution lines, and all meters required to measure the amount of each utility used.

Section I - Contract Clauses

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-13 Violation of Arms Control Treaties or Agreements -- Certification.

JUN 2018

52.210-1 Market Research APR 2011 52.211-5 Material Requirements AUG 2000 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010

52.215-14 Integrity of Unit Prices OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work

MAY 2014

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

MAY 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

MAR 2015

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement

DEC 2007

52.227-3 Patent Indemnity APR 1984 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets AUG 2018 52.228-14 Irrevocable Letter of Credit NOV 2014 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-21 Specifications and Drawings for Construction FEB 1997 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items AUG 2019 52.246-17 Warranty Of Supplies Of A Noncomplex Nature JUN 2003 52.246-24 Limitation Of Liability--High-Value Items FEB 1997 52.247-64 Preference for Privately Owned U.S. - Flag Commercial

Vessels

FEB 2006

52.248-1 Value Engineering OCT 2010 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.252-6 Authorized Deviations In Clauses APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7007 Alternate A, Annual Representations and Certifications DEC 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7008 Only One Offer JUL 2019 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award

MAY 2019

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7048 Export-Controlled Items JUN 2013 252.225-7049 Prohibition on Acquisition of Certain Foreign Commercial

Satellite Services - Representations.

DEC 2018

252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services.

DEC 2018

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7017 Identification and Assertion of Use, Release, or Disclosure

Restrictions

JAN 2011

252.227-7025 Limitations on the Use or Disclosure of Government- Furnished Information Marked with Restrictive Legends

MAY 2013

252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.236-7002 Obstruction of Navigable Waterways DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 September 2022.

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT

2016)

(a) Definitions. As used in this clause--

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4)such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

None

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award.