R

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

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

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Section A - Solicitation/Contract Form

The following changes have been made:

INFORMATION FROM TO

Response Due Time 10:00 AM 03:00 PM Response Due Date 06 Feb 2026 16 Feb 2026

Miscellaneous text in this section has been modified to:

1. NAVSUP Fleet Logistics Center Yokosuka (NAVSUP FLCY), Site Singapore has a new requirement in support of USNS YUKON (T-AO 202):

the USNS YUKON (T-AO 202). The repair and maintenance package of work items are included as SSU SN 26-007.

2. 24 Apr 2026 - 03 Aug 2026 (04 - 18 Aug 2026 with options)PERIOD OF PERFORMANCE:

3. U.S. 7th Fleet Area of Responsibility (AOR) with geographical restriction, excluding performance in India and PLACE OF PERFORMANCE:

Guam.

4. Offerors must provide all information required by this solicitation no later than 16 Feb 2026 at 15:00 HRS Singapore Standard Time.OFFER:

5. WORK ITEM INFORMATION:

a. Any work item priced based on an estimated quantity/scope will be balanced at the completion of the availability via a contract modification.

b. References in the Work Items will be provided to offerors via DoD safe (a web-based tool that provides users the capability to securely send and receive large files, including files that are too large to be transmitted via email.) Please email request for references to: Natalie Sims, Contracting Officer, natalie.sims4.civ@us.navy.mil, Phone: +65-6750-2835.

N6264926RL0010008

Section B - Supplies or Services & Prices or Costs

The following CLIN(s) / SLIN(s) / ELIN(s) were modified:

INFORMATION FROM TO CHANGED

BY

Description

MSC Growth Work for CAT A - Prime Labor Hours (NTE)Unit Labor Rate: $/Hr = _______;

Qty in Hrs = 10,100;Extended Price $____________ (Hrs x Labor Rate)*Contractor shall not incur any costs on this CLIN 0005 without advance prior written approval from the Contracting Officer. All prices stated shall be in NET US Dollars inclusive of all applicable charges.

MSC Growth Work for CAT A - Prime Labor Hours (NTE)Unit Labor Rate: $/Hr = _______;

Qty in Hrs = 11,243;Extended Price $____________ (Hrs x Labor Rate)*Contractor shall not incur any costs on this CLIN 0005 without advance prior written approval from the Contracting Officer. All prices stated shall be in NET US Dollars inclusive of all applicable charges.

Quantity 10,100 11,243 +1,143

INFORMATION FROM TO CHANGED

BY

Description

MSC Growth Work for CAT A - Material /Subcontractor/Other (NTE)Growth Material /Sub/Other costs = $787,853.00Qty: 1; Material Handling %_____; Extended Price $________ ($787,853.00 x Material Handling %) *Contractor shall not incur any costs on this CLIN 0006 without advance prior written approval from the Contracting Officer. All prices stated shall be in NET US Dollars inclusive of all applicable charges.

MSC Growth Work for CAT A - Material /Subcontractor/Other (NTE)Growth Material /Sub/Other costs = $838,705.00Qty: 1; Material Handling %_____; Extended Price $________ ($838,705.00 x Material Handling %) *Contractor shall not incur any costs on this CLIN 0006 without advance prior written approval from the Contracting Officer. All prices stated shall be in NET US Dollars inclusive of all applicable charges.

Section C - Description/Specifications/Statement of Work

Miscellaneous text in this section has been modified to:

C-1 GENERAL

The Contractor shall prepare for and accomplish the attached work items as specified herein and in accordance with the Specification Package Military Sealift Command (MSC) as provided herein, test procedures and other detailed data provided by the Government.

The Contractor shall perform planning, document preparation, engineering, procurement, prefabrication and shipyard production work, and/or any other work necessary to prepare for and accomplish the alterations, repairs, maintenance and routine work specified herein. These requirements include, but are not limited to, the following:

(a) Provide the management, procurement, production, testing, quality assurance, technical capability and resources necessary to prepare for and accomplish the repairs and alterations in accordance with the requirements stated herein, the contract work specifications, and the additional work specifications if necessary within the availability time period specified in Section F.

(b) Accomplish planning and scheduling to ensure timely procurement of Contractor Furnished Material/Contractor Furnished Property (CFM/CFP) and receipt, storage, and installation of Government Furnished Material/Government Furnished Property (GFM/GFP) and CFM

/CFP.

(c) Apply progress measurement systems to determine the physical progress of completed work for each of the elements in the contractor's scheduling plan, including material and manpower control, engineering, production, tests and trials in accordance with the Contractor's own Technical Proposal, and the work item package. The progressing system shall permit a direct comparison of the physical progress of completed work to the planned performance measurement baseline for each of the elements in the scheduling plan.

(d) Establish management procedure and systems to identify behind schedule conditions and unfavorable schedule variance, using the scheduling plan performance measurement baseline, each of the elements in the baseline, and the progress measurement systems. The applied systems and procedures shall provide timely identification of scheduling problem areas to permit prompt management action to correct unsatisfactory conditions.

(e) Develop a performance milestone schedule/critical path chart to measure scheduled performance. Deviations from the milestone schedule/critical path chart must be submitted to and approved by the Contracting Officer. The Contractor warrants that all work required by Section C of this contract shall be completed within the performance period stated in Section F of the Contract. A performance milestone schedule and critical path chart shall be developed and submitted in accordance with the Work Item Package.

(f) Apply approved quality control procedures as required by this contract and the work item package to ensure procured material and performed production work conforms to the required quality standards.

(g) Apply procedures to ensure that the ship's equipment and systems remain configured to existing baselines with regard to procured material, production work, and software.

(h) Apply stringent configuration control procedures to ensure that configuration baselines are maintained for procured material and production work.

(i) Provide for staging and storing of Long Lead Time Material (LLTM) for use in the availabilities, as required by the Work Item Package.

(j) Comply with all security requirements and measures called for on the DD Form 254, if the form is listed in Section J and attached hereto.

(k) DATA REQUIRED FOR CONTRACT CHANGE REQUESTS: In the event a growth requirement is validated and fully ORDER (CCO) scoped, the Government may generate a for which the Contracting Officer may request a firm fixed price proposal from the CCO Contractor.

For all generated CCOs, the Contractor shall provide a pricing proposal to the within five (5) calendar days of receipt, Contracting Officer unless otherwise specified on an individual CCOs by the Contracting Officer. The Contractor's deadline for submission begins to run from the date of receipt, irrespective of whether the CCOs is issued before or after the start of the availability. The Government reserves the right to request a reduced turnaround time for emergent work. A Contractor's CCOs price proposal shall remain valid for a minimum of 14 calendar days, unless otherwise specified on an individual CCOs by the Contracting Officer. If the Contractor intends to request settlement of a CCOs price prior to 14 calendar days, the Contractor shall notify the Contracting Officer, in writing, prior to submitting the CCOs price proposal stating the reason and propose a revised timeline. The request will be accepted or rejected at the discretion of the Contracting Officer. The Contractor shall list as part of the CCOs price proposal any specific terms and conditions related to completion of the new or growth work to include impact to milestones, sequencing of adjacent work items, and revised completion date(s) for impacted work item(s).

Any proposed change to a schedule milestone shall include a proposed revised date. If such items are not included as part of the CCOs price proposal (where applicable), the CCOs price proposal will not be considered timely received.

The pricing of the CCOs proposal addressing a change to the FFP contract shall include at a minimum:

a. Labor hours to be performed by the Contractor $_____________

b. Subcontractor Quote (If applicable) $_____________

c. Material Quote (If applicable) $_____________

d. Mark-up (If applicable) $_____________

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

Note 2 - Material : Material pricing shall include a list detailing the source, part number, description, unit cost, quantities, total cost and underlying vendor quotes for each line item. A vendor quote shall be submitted for each line item with a unit cost greater than $1,000.

Note 3 - Subcontractor Quotes : Subcontractor quotes shall include labor hours, labor rate, material (part number, description, unit cost, quantity, total cost, and vendor quotes for each line item), and tiered subcontractor quotes (if applicable). Proposed subcontractor labor hours shall be broken down by paragraph and task. Subcontractor material pricing shall include a list detailing the source, part number, description, unit cost, quantities, and total cost for each line item. A vendor quote shall be submitted for each line item with a unit cost greater than $1,000. The Contractor shall submit documentation establishing the price reasonableness of each subcontractor quote per FAR 15.404-3(b).

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

Note 5 - Late Submissions : The above documentation must accompany the COs price for the CCOs price proposal to be considered C submitted to the Contracting Officer. The number of days a Contractor's CCOs price proposal remains valid does not begin until the CCOs price proposal is considered submitted by the Contracting Officer.

If circumstances arise where the Contractor is unable to submit a CCOs price proposal within the number of days specified in paragraph above, the Contractor shall notify the in writing of the specific circumstances and provide a revised date on which a Contracting Officer CCOs price proposal will be submitted. Additional time needed to complete a CCOs price proposal may be granted solely at the discretion of the Contracting Officer. The new timeframe granted solely at the discretion of the Contracting Officer and which may differ from the Contractor's request, shall be met by the Contractor. Notification of a late CCOs price proposal does not exempt the Contractor from meeting its requirement, but will be considered by the Government when conducting a CPARS evaluation and utilized for past performance ratings on future contracts.

Note 6 - Requests for Clarification: If clarification is needed in response to a CCOs, the Contractor must submit a Request for Clarification (RFC) within two (2) business days of receipt of the Government's CCOs. Once a RFC is submitted, the Contractor, Contracting Officer and Principle Port Engineer (PPE) and/or Project Manager (PM) will meet the following business day to clarify the scope of work. If, as a result of the meeting, a CCOs revision is required, the Contractor's CCOs price submission will run from the date of receipt of the revised CCOs.

If a RFC is received after the two (2) business day deadline, it is at the KO's discretion whether to accept the submission.

(l) DESCOPING OF REQUIREMENTS: The Government reserves the right to descope this contract at any time and for any reason.

Descopes are incorporated into the contract via deletion CCOs and can either be a partial deletion of paragraph(s) from the work specification or deletion of a work item in its entirety. The Government will rely on the labor rates and prices entered in Attachment J-3 (Pricing Workbook), for negotiating and settling CCOs.

1. Pricing of Deletion CCOs: The Contractor agrees to price deletion CCOs at the same labor rate proposed in Attachment J-3 (Pricing Workbook), as follows:

a. Partial or full work item deletion CCOs from the basic work package will be deleted at the basic labor and material burden rates as entered in the Work Item Index tab of Attachment J-3 (Pricing Workbook).

b. Partial or full work item deletion CCOs from settled growth work or new work will be deleted at the labor rate and material burden rate as entered in the Labor & Material Burden Rate tab of Attachment J-3 (Pricing Workbook).

c. Settled Deleted Price:

i. Full Work Item Deletion: For the purposes of pricing a that deletes a work item in its entirety, the Government CCOs considers each individual work item to be separately priced. The starting point for negotiations will be the Contractor's work item price entered in the Work Item Index Tab of Attachment J-3 (Pricing Workbook). For the retention of costs incurred, the burden is on the Contractor to demonstrate production costs incurred for prime and subcontractor hours as well as material costs incurred including but not limited to paid invoices annotating materials ordered that will be turned over to the Government or otherwise demonstrating the applicable cost that applies in the event of cancellation or restocking fees.

Program management and other indirect costs will not be considered.

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

iii. Deletions of Unused Growth Reservation Embedded in Work Items: Any deletion of growth reservations embedded into work items shall be deleted at the work item level at the labor rate as entered in Attachment J-3 (Pricing Workbook).

(m) MODIFICATION NEGOTIATION: Once the Government receives the Contractor's CCOs price proposal, it will evaluate and negotiate it in accordance with this Contract, applicable Agency regulations and policies. If necessary, the Government may issue unilateral modifications to accomplish required work using the pre-priced labor and material rates, outlined in Attachment J-3 (Pricing Workbook), of this Contract.

(n) AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER: Except as specified in paragraph below, no order, the statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.

The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, said authority remains solely the Contracting Officer's. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price and/or schedule to cover any increase in charges incurred as a result thereof.

The only exception to this is if the Contractor is ordered to stop work for a safety reason. In the event the Contractor is asked to stop work for safety reasons, the Contractor shall notify the Contracting Officer in writing of the circumstances surrounding the stop work.

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

(o) ORGANIZATION CHART AND EMPLOYEE ROSTER:

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

The organization chart must represent the facility that will perform the work.

EMPLOYEE ROSTER: After receipt of award and prior to starting work aboard the vessel, the Contractor must submit a list of employees who will work aboard ship to the Commanding Officer of the ship via the NSA Security Office. The list should be on company letterhead, include each employee's name and security clearance when required, and bear the signature of a company official.

(p) COST, SCHEDULE AND FINANCIAL DATA:

1. MILESTONES: If, the Period of Performance end date and/or any applicable interim milestones are not accomplished by the date provided, and the failure to accomplish is due to the fault or negligence of the Contractor, such failure may constitute a failure to perform this contract in accordance with its terms within the meaning of subparagraph (a)(l)(ii) of the clause of this contract entitled

"DEFAULT" (DFARS 252.217-7009).

2. DELAYS/ DISRUPTIONS: The Contractor shall coordinate the work effort with the PPE and PM on a daily basis to prevent changing situations from causing delays and disruptions. Disruption due to minor delays in obtaining access to spaces and operation of equipment are to be expected. A minor delay is defined as eight (8) clock hours or less in duration (and is not the cumulative effect of labor hour impact). Minor delays and/or disruptions are considered normal rather than unusual occurrences during the performance of this contract. The Government will not provide any schedule relief for minor delays/disruption.

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

The Contracting Officer, in coordination with the will issue a written determination as to whether the Contractor has met its burden PPE/PM and schedule relief will be granted.

C-2 TESTING AND QUALITY CONTROL

Provide and maintain an inspection system acceptable to the Government in accordance with the Specification Package Military Sealift Command (MSC) as provided herein and additional requirements contained herein.

A. Nonconforming Material

The Contractor shall establish and maintain a positive system for controlling material which is not in conformance with contractor requirements. The system shall identify and segregate nonconforming material.

B. Subcontractor Control and Evaluation

1. The Contractor shall require subcontractors and suppliers to invoke adequate inspection systems that ensure the required quality of materials, parts, components, and services for end-use in this ship repair. The Government shall be permitted to monitor the Contractor's system for inspecting subcontractors.

2. Contractor is reminded of the requirements associated with subcontracting with contractors that are debarred, suspended or proposed for debarment contained at FAR 52.209-6. As with all FAR requirements, please ensure familiarity with those requirements prior to submitting its offer.

C. Calibration

1. Only calibrated equipment shall be used to perform tests and inspections.

2. Test and measuring equipment shall be within industry standard limits and shall be calibrated against standards traceable to the National Bureau of Standards.

3. Calibrated equipment shall be identified with a label stating date of calibration, due date and certifying agency.

4. Calibrated equipment shall be used for all pressure and weight testing, measurements of electrical waves, balancing operations, tachometers and other indirect measuring devices used for inspection or to record data or dimensions required by specifications.

C-3 MANAGEMENT/STAFFING PLAN

Provide an organization chart of the significant positions who will be assigned for this availability within 10 days after award. The chart shall include the positions in upper management, program managers, negotiators, estimators, scheduling personnel, engineering personnel, key production personnel by trade, and the lead position in the shipyard safety organization, testing organization, and the quality control organization

C-4 GENERAL TECHNICAL REQUIREMENTS

The following COMSC Instruction is hereby incorporated into this Contract by reference: COMSC Instruction 4700.16 Series, "General Technical Requirements." Copies of this instruction are available at https://flankspeed.sharepoint-mil.us/sites/USFF-MSC via search for "COMSC Instruction

4700.16 Series." In the event that the instruction cannot be found, please reach out to the Contracting Officer: natalie.sims4.civ@us.navy.mil.

N6264926RL0010008

https://flankspeed.sharepoint-mil.us/sites/USFF-MSC mailto:natalie.sims4.civ@us.navy.mil

Section F - Deliveries or Performance

The delivery information for the following CLIN(s) / SLIN(s) / ELIN(s) were modified:

INFORMATION FROM TO

Period of Performance 03 Mar 2026 to 12 Jun 2026 24 Apr 2026 to 03 Aug 2026

Option Line Item 0002

INFORMATION FROM TO

Period of Performance 13 Jun 2026 to 27 Jun 2026 04 Aug 2026 to 18 Aug 2026

Option Line Item 0003

INFORMATION FROM TO

Period of Performance 03 Mar 2026 to 12 Jun 2026 24 Apr 2026 to 03 Aug 2026

Option Line Item 0004

INFORMATION FROM TO

Period of Performance 03 Mar 2026 to 12 Jun 2026 24 Apr 2026 to 03 Aug 2026

INFORMATION FROM TO

Period of Performance 03 Mar 2026 to 12 Jun 2026 24 Apr 2026 to 03 Aug 2026

INFORMATION FROM TO

Period of Performance 03 Mar 2026 to 12 Jun 2026 24 Apr 2026 to 03 Aug 2026

Section H - Special Contract Requirements

Miscellaneous text in this section has been modified to:

H-1.0 OCCUPATIONAL AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT (29 CFR 1915)

The Contractor shall fully comply with 29 Code of Federal Regulations Part 1915, Occupational and Health Standards for Shipyard Employment (29 CFR 1915), as it is effective at the date of contract award, while performing any contract that is awarded from this solicitation. The provisions of 29 CFR 1915 shall apply to the same extent as if the ship repairing, shipbuilding, and shipbreaking employments and related employments to be performed under the contract are wholly accomplished on the navigable waters of the United States. The Contractor shall comply with applicable provisions of the laws and regulations where the ship repairing, shipbuilding, and shipbreaking employment and related employments are performed in addition to complying with the corresponding provisions of 29 CFR 1915 in instances in which those laws and regulations require compliance with more stringent safety standards. The Contractor shall promptly notify the contracting officer if it becomes aware of any law or regulation that is applicable where the ship repairing, shipbuilding, and shipbreaking employment and related employments are performed that precludes compliance with any provision of 29 CFR 1915.

H-2.0 EXTENSION OF COMMERCIAL WARRANTY (NAVSEA) (NOV 1996)

The Contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale, provided that such warranty is available at no additional cost to the Government. The Contractor shall provide a copy of the standard commercial warranty with the item. The standard commercial warranty period shall begin upon the final acceptance of the applicable material or software.

Acceptance of the standard commercial warranty does not waive the Government's rights under the "Inspection" clause, nor does it limit the Government's rights with regard to other terms and conditions of the contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty.

H-3.0 Applicable to Contracts Performed in Japan: HISTORIC AND CULTURAL RESOURCES

If ship repair work is being performed in and around potentially significant historic buildings and structures (cultural properties) such as Dry Docks 1 through 6 and Cave 682 in Yokosuka Base, the contractor shall avoid changing the original materials and finishes used in the properties.

If work is being performed to repair or change a historical building/structure, the contractor shall submit design drawings, floor plans, and other relevant operational details to the CFAY Cultural Resource Manager through the Contracting Officer for review and approval prior to the commencement of work.

If work is being performed on a cultural or historical asset, such as a historical building/structure or archeological site, special precautions may be necessary. The contractor shall submit design drawings, floor plans, and other relevant operational details to the CFAY Cultural Resource Manager through the Contracting Officer for review and approval prior to the commencement of work. The contractor shall contact the CFAY Cultural Resources Manager through the Contracting Officer to determine if the work involves any archaeological, historical or cultural assets.

The contractor must conduct an archaeological monitoring by a qualified archaeologist for the planned excavations. During the monitoring, use of flat bladed bucket is required for backhoe operations. If any cultural/historical artifacts/assets include brick structures, manufactures plates indicating years before 1945 on the machines and equipment are discovered during work, the contractor shall notify the Public Works Department (PWD) Environmental Cultural Resources Manager Environmental Branch Cultural Resources Manager (DSN 243-5136/COMM 046-816-5136) through the Contracting Officer, secure the discovery area, and continue to work around the secured area until further direction from the PWD Environmental Cultural Resources Manager Environmental Branch Cultural Resources Manager through the Contracting Officer.

If the items need to be temporarily removed, carefully protect them from disturbance, including weather conditions, unforeseen traffic, and pilfering.

The PWD Environmental Cultural Resources Manager Environmental Branch

Cultural Resources Manager through the Contracting Officer will provide further direction/guidance on how to protect the items. The Government retains ownership and control over historical and archaeological resources.

The contractor shall carefully protect in-place and report immediately to the Contracting Officer historical and archaeological items or human skeletal remains discovered in the course of work. Upon discovery, the contractor shall notify Cultural, Historical, and/or Natural Resources (CHNR) Manager (DSN 243-5136/COMM 046-816-5136) through the Contracting Officer, secure the discovery area, and continue to work around the secured area. The Government retains ownership and control over historical and archaeological resources."

JAPANESE CONCILIATION PROCEDURES

(a) Except as otherwise provided in this contract any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the US-Japan Joint Committee for conciliation in accordance with paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America. Request by the Contractor for conciliation shall be made in accordance with the procedures provided herein.

(b) In the event the Contractor desires conciliation after the decision of the Contracting Officer has been served upon him, he will first file his appeal from such findings of fact within the time limits described therein before filing request for conciliation with the Joint Committee and then request for appellate authority under the clause of this contract entitled Disputes to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.

(c) The request for conciliation will be submitted by the Contractor through the nearest local Japanese Defense Facilities Administration Bureau to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the Contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.

(d) In the event the disagreement submitted to the Joint Committee under subparagraph (b) above has been resolved through conciliation, it will be the responsibility of the Contractor to notify the appellate authority designated in the clause of this contract, entitled Disputes, of the settlement of the dispute and to withdraw his appeal.

(e) In the event the Contractor who has submitted a request for conciliation to the Joint Committee under subparagraph (b) above desires, notwithstanding the pending request for conciliation, that action by the appropriate authority under the clause of this contract entitled Disputes be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the Contractor of his action taken hereunder.

(f) No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the clause of this contract entitled Disputes has been rendered. Pending the hearing of conciliation panel the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file a civil suit.

CONSUMPTION TAX

(a) The Governments of the United States and Japan have agreed that this contract is exempt from the Japanese Consumption Tax. In accordance with paragraph (c) of the clause FAR 52.229-6, "TAXES -- FOREIGN FIXED PRICE CONTRACTS (FEB 2013)," the offerors or quoters shall not include the Consumption Tax (including underlying taxes) in their proposal or quotations. By submission of your proposal or quotation, you are certifying that your proposal or quotation does not contain any such tax. The following U.S. Government (USG) proof of purchase forms shall be used to claim the exemption at tax offices:

USG Standard Form 1034

USG Standard Form 1113

USG Standard Form 44

Department of Defense Form 1155

Navy Comptroller Form 2277

(b) The Contractor shall retain the appropriate USG proof of purchase forms set forth above for a period of seven (7) years. In addition, the Contractor shall maintain adequate records containing all pertinent information with regard to the claiming of Consumption Tax exemptions related to this contract. These records shall be subject to review by the Contracting Officer, or his or her designated representative, at any time up to seven (7) years from the date of final payment under this contract.

(c) Any questions concerning the applicability of the Consumption Tax should be directed to the appropriate local tax office.

CUSTOMS AND TAX EXEMPTION

(a) The Contractor shall, notwithstanding any other clause in this contract to the contrary, be required to submit a request in writing to the Contracting Officer for issuance of a Tax Exemption Certificate for any import duties and all taxes paid or to be paid from which the U.S. Government is entitled to an exemption. These taxes and duties are enumerated in Article XII of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between the Governments of the United States of America and Japan, regarding facilities areas and the status of United States Armed Forces in Japan. The Contractor's request shall include the following information:

(1) Name of contractor;

(2) Contract number and job order number (if applicable);

(3) Nomenclature of taxable material to be delivered and intended use;

(4) Quantity of taxable material used or to be delivered; and

(5) Period of taxable material use.

(b) In the case of gasoline and other petroleum products, the Contractor shall be responsible for making every reasonable effort to determine the accuracy of his figures on consumption. In this regard, the Contractor shall, upon request of the Contracting Officer, present all available data used by the Contractor as the basis for determining such figures. The Contractor shall be required to maintain adequate records containing all pertinent information with regard to the above requirements. Further, these records shall be subject to review by the Contracting Officer at any time up to three years from the date of final payment under this contract.

H-4.0 Applicable to Contracts Performed in Korea: EXEMPTION FROM KOREAN TAXES FOR SPECIAL EXCISE TAXED ITEMS

USED ON THIS CONTRACT

This clause is in implementation of Article XVI of the status of Forces agreement between the Republic of Korea and the United States of America granting contractors exemption from Republic of Korea Special Excise Taxes. At the time this contract is awarded the Contractor will indicate to the Contracting Officer, which items he will purchase for the contract are subject to special excise tax. He will indicate the name of the item, the number of Units to be purchased the cost per unit without tax, the percentage of tax, the tax amount per unit, the total tax, and the manufacturer of the item.

The Contracting Officer will verify the reasonableness of the quantities claimed. The Contractor will purchase the special excised taxed items from the Item manufacturer tax inclusive. For construction and single delivery type supply and services contracts he will employ the following procedure:

At the time he purchases the items he will present the manufacturer with a notification letter requesting refund of the special excise tax. (Copies of this letter can be obtained from the COMFLEACT Chinhae Contracting Officer).

The manufacturer will endorse the letter to the Manufacture's District Tax Office which will make refund to the manufacturer. The manufacturer will make subsequent refund to the Contractor. Request for refund under requirement Type contracts will be submitted monthly and will be accompanied by copies of the USFK delivery orders issued during the monthly period.

EXEMPTION FROM KOREAN TAXES FOR VALUE-ADDED TAXED ITEMS USED ON THIS CONTRACT.

These clauses implement Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States of America, which exempts Contractors from paying the Republic of Korea value-added taxes. When the Contractor submits an offer, he shall certify to the Contracting Officer that all the costs in the offer will be exclusive of any valued-Added Tax and further, that the proposed contract price including no valued-added tax. Contractor shall also indicate the amount and type of value-added taxes excluded from the contract price. If supplies or services, which the Contractor purchases for this contract, include value-added taxes, he can obtain a full refunded for the amount of the value-added Taxes from his ROK District Tax Office. Contractor can receive value added taxes refunds by submitting to ROK District Tax Office, tax invoices, which he receives when he Purchases materials or services for this contract. The contractor must submit a copy of the USFK contract with his first tax invoice submission. Subsequent tax invoice submission must be accompanied by a letter which references the USFK contract submitted with the first tax invoice submission.

H-5.0 PREVENTION OF THE DISCHARGE OF OIL AND HAZARDOUS SUBSTANCES

(a) Policy. In compliance with Executive Order Number 11752 (38 F.R. 34793), the policy of the Department of the Navy (DON) is to conform to the provisions of the Federal Water Pollution Control Act, as amended (Title 33 U.S.C. 1251 et seq), and the Oil Pollution Act of 1990, as amended (Title 33 U.S.C. 2701 et seq), insofar as these Acts prohibit the discharge of oil, oily mixtures, and hazardous substances, and regardless of whether or not these Acts pertain specifically to the Naval vessel and shore activities. The prescribed clause is intended to implement that policy with respect to the ship(s) being constructed or undergoing repair and overhaul under this contract.

(b) Definitions. For the purpose of this clause, the terms "oil," "oily mixtures," "hazardous substance," and "discharge" shall have the meanings as defined in the Acts referred to in paragraph (a) of this clause and other environmental statutes.

(c) Trials. Prior to commencement of any dock or sea trials hereunder, the contractor shall assure the Administrative Contracting Officer (ACO) by demonstrations, completed test memoranda, or other means reasonably acceptable to the COR that all equipment, the function of which is to prevent the accidental discharge of oil, oily mixtures, or hazardous substances from the ship, that the contractor shall be required by the specifications to install, are fully operable.

(d) Reports. The contractor shall, as soon as it has knowledge of any discharge of oil, oily substance, or hazardous substance from the ship, immediately notify the ACO thereof and shall immediately take all reasonable steps to prevent further discharge. Within 24-hours thereafter, the contractor shall file with the ACO the "Oil or Hazardous Substance Discharge Report."

(e) Liability. The contractor shall not be liable for the costs incurred by the Government for the removal of such oil, oily mixture, or hazardous substance, except that the contractor shall be liable to the Government for all such costs of removal where such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the contractor.

H-6.0 EMPLOYMENT OF NAVY PERSONNEL RESTRICTED

In performing this contract, the contractor will not use as a consultant or employ (on either a full or part-time basis) any active duty Navy personnel (civilian or military) without the prior approval of the contracting officer. Such approval may be given only in circumstances where it is clear that no laws and no DOD or Navy instructions, regulations, or policies are contravened and no appearance of a conflict of interest will result.

H-7.0 ASBESTOS REMOVAL REQUIREMENTS

(a) During the performance of this contract the contractor and subcontractors may be required to perform work which involves the removal or disturbance of asbestos or asbestos containing products. This clause applies to each instance of asbestos removal or disturbance.

(b) The contractor shall comply with the precautions required in 29 CFR 1910.1001, 29 CFR 1926.58 and 40 CFR Part 61 and all other applicable Federal, State, and Local restrictions. The contractor shall forward a copy of all required notices, licenses and permits to the KO immediately upon issuance or receipt.

(c) The latest change to the Federal, State and Local Regulations in effect at the time of issuance of the contract shall govern. Compliance with these regulations is mandatory and is necessary to protect the employees of the contractor and Naval personnel from exposure to asbestos fibers in excess of the Occupational Safety and Health Administration (OSHA) Action level airborne concentration (currently 0.1 fibers per cubic centimeter (f/cc) of air).

(d) During removal or disturbance, the contractor shall control airborne asbestos concentrations outside the removal boundary to less than 0.1 f/cc at all times.

(e) After removal or disturbance is complete, the areas within the removal boundary shall not be released for reoccupancy until clearance air sampling demonstrates these spaces have concentrations of asbestos less than 0.1 f/cc.

(f) In all respects, the performance of air sampling and analysis shall be performed in accordance with the OSHA

Reference Method (Appendix A of 29 CFR 1910.1001), with the following additional specifications:

(1) Aggressive clearance sampling shall be performed on 25 mm cassettes at 2.0 liters per minute for a minimum of four hours.

(2) In performing the clearance sampling, the pump shall be placed within the compartment where the removal or disturbance occurred. When this operation is conducted in a multilevel space, at least one pump shall be placed on each level.

(3) Air sampling shall be performed by a person competent in sampling procedures and overseen by an industrial hygienist certified for comprehensive practice (CIH) by the American Board of Industrial

Hygiene.

(4) Laboratory analysis of samples shall be performed by a participant in the American Industrial Hygiene

Association (AIHA) Proficiency in Analytical Testing (PAT) Program rated proficient for asbestos and air.

(g) Personal sampling shall be conducted using breathing zone air samples, which are representative of the 8-hour

Time-Weighted Average (TWA) exposure of each individual. Samples shall be collected and analyzed using the

OSHA Reference Method contained in either 29 CFR 1910.1001 (as amended) or 29 CFR 1926.58 (as amended).

(h) The contractor agrees to indemnify MSC for any fines assessed by Federal, State or Local Agencies, for the contractor's failure to properly follow applicable regulations.

(i) The contractor shall insert this clause in all subcontracts entered into under this contract.

Note: The Contractor shall comply with applicable provisions of the laws and regulations where the ship repairing, shipbuilding, and shipbreaking employment and related employments are performed in addition to complying with the corresponding provisions of 29 CFR 1915 in instances in which those laws and regulations require compliance with more stringent safety standards.

H-8.0 TIME-AND-MATERIALS GROWTH CLIN

(a) This contract will utilize a Time-and-Materials (T&M) Growth CLINs 0005 & 0006 which is funded to accommodate the anticipated growth work that may arise during the performance of the specified Work Items (WIs) under CLIN 0001. The contractor shall provide (To Be Filled in upon Contract Award) man-hours and (To Be Filled in upon Contract Award) materials in the performance of the Growth CLIN in support of historically based growth under this contract. Upon Contracting Officer approval of each growth work task, the agreed labor and material amount shall be a Not-to-Exceed (NTE) price for the proposed task (Labor + Materials). The total authorized growth work may not exceed the total NTE dollar value of the T&M Growth CLIN, however, the mix of labor hours and material provided above may be adjusted so long as the total does not exceed the dollar value of the Growth CLIN.

(b) GROWTH WORK - Growth is defined as any additional work that is identified and authorized after contract award that is within the scope of work of the WIs defined in CLINs 0005 and 0006 and as attached under Section J. Any additional work determined by the Contracting Officer as not within the scope of any of the WIs shall be considered NEW WORK and will not be covered by this Growth CLIN.

(1) After any inspection reports detailed in any of the Work Items (WIs) are submitted to the MSC Port Engineer, the contractor will propose solutions, recommendations, material availability, and time impacts to the Period of Performance. This will be in the form of a Condition Found Report (CFR), which will be submitted to the PPE within twenty-four (24) hours after the conditions have been found and identified. This form (refer to Para. 7.6 WI 0013) shall be submitted electronically and physically for record-keeping purposes. No work under this T&M CLIN shall be performed, and no costs shall be incurred, until a formal written authorization is issued by the Contracting Officer (CO).

(2) The contractor shall submit any repair items outside of the scope of the WIs via CFR to the PPE, to include schedule impacts.

(3) For any Government Furnished Material (GFM) or Contractor Furnished Material (CFM) that is part of any WI and which is later identified to not arrive on time for the requirement's completion, the contractor shall submit a CFR to the PPE to include schedule impacts.

(4) The MSC PPE shall review the CFR and will determine further action. When determined by the PPE that the work detailed on the CFR is required and would require additional man-hours or materials, the CFR is returned to the contractor through the Contracting Office, as growth work together with a Deficiency Log (DL) detailing the corrective actions and additional work requirements. A Growth Management Request (GMR) Time-and- Material Authorization will be utilized for each growth work request and approval.

(5) Upon receipt of a growth work requirement, the contractor shall submit a proposal with the estimated total labor hours required and a list of required materials and their estimated costs, supported by vendor quotes or catalog prices, within 3 working days, or as specified by the Contracting Officer. The Contracting Officer and the MSC PPE will review and approve each proposal. Once an agreement has been reached, a signed GMR by the ACO will be issued to enable the contractor to commence work. The price negotiated by the parties shall be a Not-to-Exceed (NTE) price for the proposed task (Labor + Materials).

(6) The ACO will develop a growth work tracking log for the Growth CLIN to identify, record, and reconcile all the approved GMRs. The tracking log shall include but not limited to GMR number, WI, Deficiency Log (DL) number, job description, and approved NTE total price, labor hours, materials/other cost.

(c)…