SF33 22R9013.pdf

CODE

(Hour)

PAGE(S)

until 02:00 PM local time 03 Oct 2022

X

A X B X C X D

EX

X

G F 51 - 59

60 - 66 X H 67 - 73 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)

1 73

(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 0 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

See Section L2 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

4 - 6

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

9 - 10

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 11 - 14 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 15 - 16 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

17 - 49

PART II - CONTRACT CLAUSES

COMNAVFACSYSCOM 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

04 Aug 2022

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N6247022R9013

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 60,000,000 Each Large Capacity WHEMAC

FFP

Provide all labor, materials, equipment, supervision, travel, and subsistence neccessary to provide for the ordering of new, and the overhaul of existing, weight handling equipment of varying types (e.g., bridge cranes, jib cranes and gantry cranes) and lifting capacities for Navy, Marine Corps and other federal activities worldwide. This WHEMAC may also be used to facilitate overhauling of existing portal cranes for Navy, Marine Corps and other federal activities worldwide. The work contemplated under this WHEMAC will include, but not be limited to: site survey/investigation; design; fabrication; crane rail alignment survey/installation; demolition/removal of existing cranes and equipment in compliance with environmental disposal restrictions; runway/equipment electrification; crane installation; crane testing; and operational training. Cranes will be designed and manufactured in accordance with CMAA 70 and CMAA74 (as applicable) as modified by NAVCRANECENINST 11450.2A, and certifiable in accordance with NAVFAC P-307. Application for use of the weight handling equipment to be procured under this WHEMAC may range from general purpose to more complex applications, including handling of fissionable materials, molten metals, ordnance, and hazardous area applications as defined by the National Electric Code.

FOB: Destination

PSC CD: 3950

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$10,000.00 $60,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$10,000.00 $15,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

Section C - Descriptions and Specifications

C1. GENERAL OVERVIEW AND CONCEPT OF THE WHEMAC

Through award of Weight Handling Equipment Multiple Award Contract (WHEMAC), the Government seeks to fulfill varying weight handling equipment requirements of the Navy, Marine Corp, and other federal activities worldwide in accordance with the terms and conditions of this solicitation. Projects covered under the WHEMAC may include the procurement of the new equipment (and associated designs), or may cover reconstitution/overhaul of existing equipment. This acquisition will result in the award of up to ten Indefinite-Delivery/Indefinite Quantity (IDIQ) contracts. The offeror submitting the proposal that is considered to represent the best value to the government (i.e., the firm ranked number one overall) will receive award of an IDIQ contract and award of a delivery order covering the seed project. Up to ten IDIQ contracts may be awarded to an additional nine offeror(s) whose proposals are also advantageous to the government, based upon the stated evaluation criteria. Award of the seed project and subsequent IDIQ contract(s) will be based on source selection criteria, as contained in Section M of the solicitation.

C2. DESCRIPTION OF WORK REQUIREMENTS

C2.1 LARGE CAPACITY WHEMAC

This WHEMAC will be used primarily for the ordering of new, and the overhaul of existing, weight handling equipment (WHE) of varying types (e.g., bridge cranes, jib cranes and gantry cranes) and lifting capacities for Navy, Marine Corps and other federal activities worldwide. This WHEMAC may also be used to facilitate overhauling of existing portal cranes for Navy, Marine Corps and other federal activities worldwide. The work contemplated under this WHEMAC will include, but not be limited to: site survey/investigation; design; fabrication; crane rail alignment survey/installation; demolition/removal of existing cranes and equipment in compliance with environmental disposal restrictions; runway/equipment electrification; crane installation; crane testing; and operational training. Cranes will be designed and manufactured in accordance with CMAA 70 and CMAA74 (as applicable) as modified by NAVCRANECENINST 11450.2A, and certifiable in accordance with NAVFAC P-307. Application for use of the weight handling equipment to be procured under this WHEMAC may range from general purpose to more complex applications, including handling of fissionable materials, molten metals, ordnance, and hazardous area applications as defined by the National Electric Code..

This WHEMAC will be used primarily for, but is not limited to, the procurement of new WHE and/or overhaul of existing WHE with the following characteristics:

• 15-Ton capacity and greater with span of 50 feet and greater

• Greater than 30-Ton capacity, any span

• Greater than 60 foot span, any capacity

• Any capacity used for handling molten metals

• Any capacity used for handling of fissionable materials

• Overhaul of existing cranes (i.e., bridge and portal)

C2.2 SEED PROJECT

The specification requirements for the seed project, to be awarded as the first delivery order along with the basic contract, are contained as Attachment 1 in Section J of this solicitation. The seed project provides for the replacement of one cab-operated overhead, electric traveling, 50-ton bridge crane, with two trolleys, each with a main hoist capacity of 50,000 pounds and one auxiliary hoist of 10,000-pound capacity and removal of existing 50-ton capacity crane for the Portsmouth Naval Shipyard, Kittery, Maine.

The North American Industry Classification Code (NAICS) for this procurement is 333923 and the corresponding small business size standard is 1,250 employees.

C3. CONTRACT AWARD

This acquisition is solicited on a restricted basis for small businesses. It is anticipated that the solicitation will result in award of up to ten separate IDIQ contracts. The duration of the contract(s) is for one (1) year from the date of the contract award with four (4) one-year option periods. The solicitation incorporates an initial or seed project as described in paragraph 2.2 above. It is anticipated that the seed project will be awarded as a Delivery Order under one of the IDIQ contracts resulting from this solicitation. Award of the contract(s) will be based upon a best value evaluation as described in Section M of this solicitation.

C4. MINIMUM GUARANTEE

The minimum guarantee of each IDIQ contract (base plus option years) is $10,000.00. The minimum guarantee will be met when a delivery order of $10,000.00 or more is issued there under.

C5. PERFORMANCE/ORDERING PERIOD

The contract shall include a base ordering period of one year from the date of award, and the option to extend the ordering period for four (4) additional one year ordering periods. Orders may be placed throughout the full ordering period, and performance of work for such orders may extend beyond the ordering period.

C6. ISSUANCE OF DELIVERY AND/OR TASK ORDERS

Subsequent to award of any IDIQ contracts resulting from this solicitation, delivery/task order work may be solicited by the Naval Facilities Engineering Command, Atlantic Contracting Officer at the Navy Crane Center (NAVCRANECEN). Contractors will be required to submit quotations or proposals, and may be required to submit detailed cost breakdowns.

C6.1 SCOPE OF ORDERS

The weight handling equipment and/or services to be ordered under the WHEMAC will generally be of the nature described in paragraph 2.1 of this section. However, some orders may be non-complex, performance-oriented requiring minimal design, while other crane requirements may require detailed design documentation and commercial procurements to meet specialized requirements for complex applications.

C6.2 TYPE OF CONTRACT (DELIVERY/TASK ORDERS)

Delivery/Task orders shall be firm-fixed price and may include Indefinite Quantity work or options for additional work.

C6.3 COMPETITION/FAIR OPPORTUNITY

Unless a statutory exception under FAR Part 16.505 applies, each awardee shall be provided a fair opportunity to be considered for each order exceeding $3,500.00. Only the selected contractors receiving award of an IDIQ contract resulting from the solicitation will be permitted to submit quotations/proposals for future work. All awardees shall be required to submit competitive quotations or proposals for all future orders. Failure of any contractor to submit timely quotations or proposals may be considered as non-performance under the terms and conditions of the contract and may reflect negatively on the contractor’s performance.

C6.4 AWARD CRITERIA FOR DELIVERY/TASK ORDERS

Award of subsequent orders will be based on either lowest price or tradeoff (i.e., evaluation of price and other factors). Award evaluation factors for individual delivery or task orders may vary depending on the unique requirements of each order; however, price shall always be considered as one of the evaluation factors. Unsuccessful offerors will be notified of award results for each request for quotation/proposal.

C6.5 PRE-PROPOSAL CONFERENCE/SITE VISITS

Awardees are strongly encouraged and in some cases may be required to visit the site/facility where the crane is to be installed/reconstituted prior to submitting a quotation/proposal.

C6.6 BONDING REQUIRMENTS

Requests for quotations/proposals issued under the WHEMAC will include requirements for a Bid Guarantee, Payment and Performance Bonds or other alternative security.

C6.7 SITE SPECIFIC CONTRACT REQUIREMENTS

Site specific contract requirements will be provided on each delivery order. Section H, Site Specific Contract Requirements for the seed project can be found in Attachment J1.

C6.8 NOTICE OF PRIORITY RATING

Defense Priorities and Allocation System (DPAS) ratings, if applicable, will be identified on individual delivery/task orders and will include the appropriate provision and clauses.

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 (DESTINATION)

Inspection and acceptance of the supplies to be furnished hereunder shall be made at destination by the Contracting Officer Representative (COR) or Project Manager as designated on the individual contract delivery order.

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 addiinal 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

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 (SEED PROJECT)

A delivery order shall be issued for the initial seed project, replacement of one cab-operated overhead, electric traveling, 50-ton bridge crane, with two trolleys, each with a main hoist capacity of 50,000 pounds and one auxiliary hoist of 10,000-pound capacity and removal of existing 50-ton capacity crane for the Portsmouth Naval Shipyard, Kittery, Maine.

The contract completion date for the initial delivery order shall be June 30, 2024.

Future Solicitations that may result in the issuance of Delivery Orders under each IDIQ contract awarded under this solicitation shall identify Time of Delivery.

F2 DELIVERY ORDERS, DD FORM 1155

Delivery Orders shall be issued on DD Form 1155. The delivery order shall be issued and signed by the Naval Facilities Engineering Command, Atlantic Contracting Officer at the Navy Crane Center, Portsmouth, Virginia 23709-1044. Each delivery order issued shall have a specific statement of work to which the contractor shall perform. Each delivery order will contain a schedule identifying the time frames for completion of each element of a particular statement of work.

F3 PLACE OF DELIVERY: DESTINATION

Future Solicitations that may result in the issuance of Delivery Orders under each IDIQ contract awarded under this solicitation shall identify the place of delivery. 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.

F4 LIQUIDATED DAMAGES

FAR 52.211-11 Liquidated Damages -- Supplies, Services, or Research and Development (Sept 2000) is applicable to the seed project (see full-text clause below).

Subsequent delivery orders issued under any of the multiple award IDIQ contracts, will incorporate unique liquidated damages provisions. This rate will be a minimum of $80.00 a day and may be adjusted upward.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

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 52.247-35 F.O.B. Destination, Within Consignee's Premises APR 1984 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 $475.00 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)

Section G - Contract Administration Data

G1 RESPONSIBILITIES FOR CONTRACT ADMINISTRATION

(a) The cognizant Defense Contract Management Agency (DCMA), as identified on the award document is 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 of each delivery order will be issued upon completion of all requirements of Section E.

G2 CONTRACTING OFFICER REPRESENTATIVE

All inquiries concerning this solicitation prior to receipt of offers shall be made to the Director, Navy Crane Center, Naval Facilities Engineering Command, Building 491, Portsmouth, Virginia 23709-1044 (ATTN: Mikel Outen, telephone 757-967-3836 or Lisa Sumpter, telephone 757-967-3819).

G3 DELIVERY ORDER PROCEDURES

1. General - If this contract contains multiple awardees, the issuance procedures stated herein are applicable.

(a) Work under this contract will be ordered by written Delivery Order on DD Form 1155 (Order for Supplies or Services) to the contractor by the Procuring Contracting Officer/Ordering Officer. For delivery orders awarded under this contract the terms "Contracting Officer" and "Ordering Officer" are interchangeable and carry the same meaning.

(b) Each award, as a result of this solicitation, will cite an individual contract number. Individual Delivery Orders will be placed using the Procurement Instrument Identification (PIID) numbering system.

(c) The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by a duly executed Delivery Orders.

(d) Delivery Orders will be firm fixed price and clearly define the specific supplies to be provided or the performance desired. Each Delivery Order will contain applicable clauses and provisions. Each Delivery Order shall include as a minimum:

(1) Date of the order;

(2) Contract and Delivery Order number;

(3) Performance Work Statement and Performance Requirements Summary for performance based projects, or SOW for non-performance-based projects, including references to applicable specifications, and deliverables;

(4) The delivery date or period of performance;

(5) Accounting and appropriation data;

(6) Price

(7) The place and manner of inspection and acceptance;

(8) Any Government-furnished property, material, or facilities to be made available for performance of the order;

(9) The names, addresses and phone numbers of the applicable Contracting Officer and representatives, as well as any other necessary points of contact;

(10) Any other information deemed necessary to the performance of the order.

(e) Delivery orders will be based on a Government developed or an agreed upon (Government and MAC contractors) Performance Work Statement, Statement of Objectives, or Statement of Work.

(f) Delivery orders may be modified by the Ordering Officer. Modifications to delivery orders will be issued on Standard Form (SF) 30 and will cite the Delivery Order Number and Contract Number.

(g) Firms are required to contact the Contracting Officer within seven (7) days of notification if a firm cannot participate in the site walk or submit a proposal on a Delivery Order.

(h) Fair Opportunity to be Considered – The Contracting Officer must provide each awardee a fair opportunity to be considered for each order exceeding $3,500 issued under the resulting contract except as noted under the exceptions.

(i) Upon receipt of the proposals, the Contracting Officer and Technical Representatives will review the initial proposals, decide to award without conducting discussions/negotiations or hold discussions with one or more contractors. If discussions/negotiations are conducted, each offeror in the competitive range shall be given an opportunity to revise its proposal to reflect any changes that results from the discussions/negotiations. The Contracting Officer will award the delivery order to the contractor offering the best value to the government, based on either the initial or a revised proposal. Unsuccessful offerors will be notified.

G4 DELEGATION OF AUTHORITY TO ADMINISTRATIVE CONTRACTING OFFICER (ACO)

The Contracting Officer may delegate Ordering Officer authority on individual contract delivery orders. Contract administration functions will be retained by the issuing office.

G5 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.

G6 TECHNICAL DIRECTION

(a) As provided by the contract provision, “CONTRACTING OFFICER’S REPRESENTATIVE (COR),” performance of work under this contract is subject to the written technical direction of the Contracting Officer’s Representative (COR), who shall be specifically appointed by the Contracting Officer in writing. “Technical Direction” means a directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of the work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instructions to the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in the Statement of Work of the delivery order.

(b) The COR does not have the authority to, and shall not, issue any instruction purporting to be technical direction which:

(1) Constitutes an assignment of additional work outside the Statement of Work;

(2) Constitutes a change as defined in the Changes Clause;

(3) In any manner causes an increase or decrease in the total estimated cost, Award Fee, or the time required for delivery order performance;

(4) Changes any of the expressed terms, conditions, or specifications of the delivery order;

(5) Interferes with the Contractor’s rights to perform the terms and conditions of the order, or;

(6) Authorizes the Contractor to incur costs in excess of the estimated cost or other limitations on costs or funds set forth in this contract.

(c) All technical direction shall be issued in writing by the COR.

(d) When, in the opinion of the contractor, the COR or any other Government official other than the Contracting Officer, requests effort outside the existing scope of the contract (or delivery order), the contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the contractor under such direction until the Contracting Officer has issued a modification to the contract (or delivery order) or has otherwise resolved the issue.

G7 STAFFING/PHASE-IN

Contract delivery orders may be issued on the date the contract becomes effective. The contractor is required to be fully staffed and operational 15 days after the effective date of the contract. The contractor shall provide a balanced work force as needed to accomplish work required under contract delivery orders issued.

G8 CONTRACT AUDIT OFFICE

Contract audits, if required, will be performed by an office identified at time of contract award.

G9 INVOICING INSTRUCTIONS

Additional invoicing instructions, if required, will be provided at the delivery order level. 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 delivery orders pursuant to DFARS 252.232-7006 Wide Area Workflow Payment Instructions.

G10 GOVERNMENT FINANCING

The proposal pricing and contract award for the initial seed project delivery order will be based on customary progress payment financing, but the Government will be willing to modify the contract with the successful offeror to use performance-based payments if they are determined to be practical by the contracting officer, the contractor agrees to their use, and adequate consideration is received by the Government.

52.232-16 Progress Payments NOV 2021 52.232-32 Performance-Based Payments APR 2012 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018

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.

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H1. SITE SPECIFIC REQUIREMENTS

The site specific requirements for Portsmouth Naval Shipyard can be found in Appendix H of Attachment J1.

H2. WAGE DETERMINATION

CONSTRUCTION WAGE REQUIRMENTS: The seed project is subject to the 41 U.S.C. Chapter 65, Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000 (the statute) and may include construction in connection with on-site work. The Construction Wage Rate Requirements apply to all on-site installation activities.

The applicable Construction Wage Rate Determination is provided as Attachment J8, and applicable clauses are in Section I of the basic contract.

H3. 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 for CLINs 0001, 0003, 0004, and 0005

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.

H4. 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;

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

incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or expend hours in excess of a specified level of effort.

H5. INSURANCE REQUIREMENTS

(a) The contractor shall procure and maintain during the entire period of this performance for each delivery/task order 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)

(b) 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.

(c) 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.

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 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 JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 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

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

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

JAN 2017

52.204-2 Security Requirements MAR 2021 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

JUN 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

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

NOV 2021

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

NOV 2021

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

NOV 2021

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

NOV 2021

52.210-1 Market Research NOV 2021 52.211-5 Material Requirements AUG 2000 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-9 Changes or Additions to Make-or-Buy Program OCT 1997 52.215-14 Integrity of Unit Prices NOV 2021 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 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

NOV 2021

52.216-18 Ordering AUG 2020 52.216-22 Indefinite Quantity OCT 1995 52.216-32 Task-Order and Delivery-Order Ombudsman SEP 2019 52.217-7 Option For Increased Quantity-Separately Priced Line Item MAR 1989 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 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 JUL 2021 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 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 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

52.222-29 Notification Of Visa Denial APR 2015 52.222-30 Construction Wage Rate Requirements--Price Adjustment

(None or Separately Specified Method)

AUG 2018

52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.

OCT 2020

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 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

JUN 2020

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

MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

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 52.228-14 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 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-2 Production Progress Reports APR 1991 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JAN 2022

52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.246-17 Warranty Of Supplies Of A Noncomplex Nature JUN 2003 52.246-24 Limitation Of Liability--High-Value Items FEB 1997 52.247-14 Contractor Responsibility for Receipt of Shipment APR 1984 52.247-15 Contractor Responsibility for Loading and Unloading APR 1984 52.247-21 Contractor Liability for Personal Injury and/or Property

Damage

APR 1984

52.248-1 Value Engineering JUN 2020 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

52.252-5 Authorized Deviations In Provisions NOV 2020 52.252-6 Authorized Deviations In Clauses NOV 2020 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 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

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

MAY 2021

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

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 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

252.211-7007 Reporting of Government-Furnished Property MAR 2022 252.215-7008 Only One Offer JUL 2019 252.215-7016 Notification to Offerors--Postaward Debriefings MAR 2022 252.222-7000 Restriction On Employment Of Personnel MAR 2000 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 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 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7007 Prohibition on Acquisition of Certain Items from Communist

Chinese Military Companies

DEC 2018

252.225-7012 Preference For Certain Domestic Commodities MAR 2022 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 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 252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988

252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7033 Rights in Shop Drawings APR 1966 252.227-7037 Validation of Restrictive Markings on Technical Data APR 2022 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 JAN 2021 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the…