RFP N6449823R40040005 CONFORMED THROUGH AMENDMENT 0005.pdf

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Hull, Mechanical and Electrical (HM&E) Machinery and Systems Services
Solicitation number
N6449823R4004
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RFP N6449823R40040005 CONFORMED THROUGH AMENDMENT 0005 - 3-2-23.pdf PDF
RFP N6449823R40040005 AMENDMENT 0005 - 3-2-23.pdf PDF
RFP N6449823R40040005 AMENDMENT 0005 - 3-2-23.pdf PDF
RFP N6449823R40040004 AMENDMENT 0004 - 2-22-23.pdf PDF
RFP N6449823R40040004 CONFORMED THROUGH AMENDMENT 0004.pdf PDF
RFP N6449823R40040003 AMENDMENT 0003 - 2-17-23.pdf PDF
RFP N6449823R40040003 CONFORMED THROUGH AMENDMENT 0003.pdf PDF
RFP N6449823R40040002 CONFORMED THROUGH AMENDMENT 0002.pdf PDF
ATTACHMENT 4 DD254.pdf PDF
RFP N6449823R40040002 AMENDMENT 0002.pdf PDF
RFP N6449823R4004 CONFORMED THROUGH AMENDMENT 0001.pdf PDF
ATTACHMENT 8 -NSWCPD SBPCD.xlsx XLSX spreadsheet
RFP N6449823R40040001 AMENDMENT 0001.pdf PDF
ATTACHMENT 4 DD254.pdf PDF
RFP N6449823R4004 - 41-43 MAC FOLLOW-ON.pdf PDF
CDRL A006 Condition Found Report.pdf PDF
CDRL A004 Technical Report Services.pdf PDF
CDRL A005 Test Procedures.pdf PDF
ATTACHMENT 1 Pre Award Survey of Prospective Contractor Accounting System Checklist.pdf PDF
CDRL A013 - GP Inventory Report.pdf PDF
CDRL A025 Software Product.pdf PDF
CDRL A021 Work Completion Report.pdf PDF
CDRL A003 Contractor Personnel Roster.pdf PDF
CDRL A009 Obsolescence Alert Notice.pdf PDF
CDRL A023 EPC.pdf PDF
CDRL A002 Travel Trip Report.pdf PDF
CDRL A010 Small Business Utilization Report.pdf PDF
CDRL A018 Software Development Plan.pdf PDF
CDRL A027 Virtual Shelf Commonality Report.pdf PDF
RFP N6449823R4004 41-43 FOLLOW-ON MAC.pdf PDF
CDRL A008 Technical Manuals.pdf PDF
CDRL B001 Technical Data Package.pdf PDF
CDRL A020 Ship Check Report.pdf PDF
CDRL A026 Acceptance Inspection Equipment Report.pdf PDF
CDRL A011 Systems Security Plan.pdf PDF
ATTACHMENT 5 Commercial Warranty Tracking Information -Version 2.6.pdf PDF
CDRL A001 Contract Status Report.pdf PDF
CDRL A006 Condition Found Report.pdf PDF
CDRL A017 CSWF Baseline Certifications.pdf PDF
CDRL A007 Training Materials.pdf PDF
CDRL A022 Pre-Start Checklist and Parts Tracking.pdf PDF
ATTACHMENT 6 Commercial Warranty Source of Repair Instructions - Version 2.1.pdf PDF
ATTACHMENT 3 Government Furnished Property (GFP) Module Template - Version 2.1 (MAR 2020).xlsx XLSX spreadsheet
CDRL A024 QA Workbook.pdf PDF
CDRL A004 Technical Report Services.pdf PDF
CDRL A005 Test Procedures.pdf PDF
CDRL A014 - GP Inventory Report - Final.pdf PDF
CDRL A016 CSEP.pdf PDF
ATTACHMENT 2 Government Furnished Information (GFI) NAVSEA FORM 4340-2.pdf PDF
ATTACHMENT 4 DD254.pdf PDF
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CODE

(Hour)

PAGE(S)

until 12:00 PM local t ime 27 Mar 2023

X

A

X B

X C X D

EX

X

G

F 157 - 176

177 - 196

X H 197 - 201 craig.wright@navy .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

Prescribed by GSA

FAR (48 CFR) 53.214(c)

DO-A3 1 201

(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.

N64498 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and1 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

N/A - DoD Safe condit ions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

CRAIG T. WRIGHT 215-897-8275

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 4

5 - 11

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

12 - 39

40 - 41

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

42 - 45

46 - 47 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 48 - 60 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 61 - 68 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 t ime 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

69 - 154

PART II - CONTRACT CLAUSES

NAVAL SURFACE WARFARE CENTER PHILA

CODE 02222, CRAIG WRIGHT

215-897-8275, CRAIG.WRIGHT@NAVY.MIL

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112

215-897-8275

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

155 - 156

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

19 Jan 2023

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N6449823R4004

Section A - Solicitation/Contract Form

NOTES

1. In accordance with Federal Acquisition Regulation (FAR) 15.304(c)(1)(ii), the Naval Surface Warfare Center

Philadelphia Division (NSWCPD) proposes to award an Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple

Award Contract (MAC) to each and all qualifying Offerors. A qualifying Offeror is defined as a responsible Offeror whose offer/proposal, conforming to the solicitation, is considered to be technically acceptable in accordance with the evaluation criteria set forth in Section M and the Contracting Officer has no reason to believe would be likely to offer other than fair and reasonable pricing. Price or Cost will not be a factor in award of the IDIQ, however, price or cost will be considered as one of the factors in the selection decision for each task or delivery order under the

IDIQ.

2. This Multiple Award Contract (MAC) will expire either when the ordering term expires, or the cumulative total of all Task Orders (TOs) issued to all awardees equals the Governmentôs total program estimate of $496,122,347.

3. This procurement is being solicited unrestricted, with set-aside decisions to be made at the task order level.

4. The minimum contract award amount will be $500.00 of Hull, Mechanical, and Electrical Services (HM&E).

5. The Government Furnished Property will be provided at the Task Order level.

6. This is a competitive procurement. If the solicitation should result in a single offer, the Government reserves the right to re-solicit this procurement in order to enhance competition.

AMENDMENT 0005

The purpose of the subject Amendment 0005 is to perform the following:

1. Update SAM.GOV Notice ID N6449823R4004 to add solicitation N6449823R4004 Amendment 0005, as well as a conformed copy of solicitation.

2. Answer potential Offeror questions received in regards to solicitation N6449823R4004.

The answers to questions received are below:

107. Pg. 218: L-219-H001 SUBMISSION OF SMALL BUSINESS SUBCONTRACTING PLAN (NAVSEA) (JAN

2021):

¶ DoD Comprehensive Small Business Subcontracting Plans (CSBSP) have pre-approved and negotiated goals and language with DCMA. As a result, these goals may be different than the DoD published subcontracting goals or the RFP requirements for a subcontracting plan, but have been accepted as meeting the requirements by

DCMA. Will the government please confirm that a contractor with an approved CSBSP meets all requirements for L-219-H001 Submission of Small Business Subcontracting Plan?

ANSWER: Confirmed. A contractor with an approved CSBSP meets all requirements for L-219-H001

Submission of Small Business Subcontracting Plan; however, all Offerors are still required to address Factor 2:

Small Business Participation Commitment and will be evaluated in accordance with the Solicitation.

¶ As prescribed in DFARS 219.708(b)(1)(B), In contracts with contractors that have comprehensive subcontracting plans approved under the Test Program described in 219.702-70, including contracts using FAR part 12 procedures for the acquisition of commercial items, use the clause at 252.219-7004, Small Business

Subcontracting Plan (Test Program), instead of the clauses at 252.219-7003, Small Business Subcontracting

Plan (DoD Contracts), FAR 52.219-9, Small Business Subcontracting Plan, and FAR 52.219-16, Liquidated

DamagesðSubcontracting Plan, will the government incorporate DFARS 252.219-7004 Small Business

Subcontracting Plan (Test Program) for those contractors holding a negotiated Comprehensive Small Business

Subcontracting Plan?

ANSWER: The Government will incorporate clause 252.219-7004, and remove referenced clauses, at time of award for any successful Offerors that possess an approved comprehensive subcontracting plan under the Test

Program described in 219.702-70.

¶ As prescribed in DFARS 219.708(b)(2), In contracts with contractors that have comprehensive subcontracting plans approved under the Test Program described in 219.702-70 , do not use the clause at FAR 52.219-16, Liquidated DamagesïSubcontracting Plan, will the government remove FAR 52.219-16 Liquidated Damages-

Subcontracting Plan for those companies holding a negotiated Comprehensive Small Business Subcontracting

Plan?

ANSWER: The Government will remove FAR 52.219-16 Liquidated Damages-Subcontracting at time of award for successful contractors that have comprehensive subcontracting plans approved under the Test Program described in 219.702-70.

108. Pg. 207: L.3.3 VOLUME III: FACTOR 2 ï SMALL BUSINESS SUBCONTRACTING COMMITMENT, L.3.3.2 SMALL BUSINESS COMMITMENT PAST PERFORMANCE: Participants within the DoD

Comprehensive Subcontracting Plan Test Program submit semi-annual ñSummary Subcontracting Reportsò in lieu of Individual Subcontracting Reports. Will the government confirm that a DoD Comprehensive

Subcontracting Plan Test Program Participant may provide its most recent ñSummary Subcontracting Reportò to meet this requirement in full?ò

ANSWER: The Government confirms that a DoD Comprehensive Subcontracting Plan Test Program

Participant may provide its most recent Summary Subcontracting Report in lieu of Individual Subcontracting

Reports. All Offerors must still comply with the remaining requirements of 3.3.2.

109. CDRL A010 Small Business Utilization Report Page 2 of 2: Will the government reduce the requirement to submit the report from semi-annually to annually for Comprehensive Subcontracting Plan holders?

ANSWER: No. The requirement for semi-annual report submission remains unchanged.

110. Under 52.219-9(d), the contractor is required to submit a SB Subcontracting Plan that reflects separate goals for total subcontracted dollars and as a percentage of total planned subcontracted dollars, for small business, women owned, small disadvantaged, HUBZone, veteran owned and service disabled veteran owned as subcontractors. For individual plans, and if required by the Contracting Officer, goals shall also be expressed as a percentage of total contract dollars, in addition to goals expressed as a percentage of subcontracted dollars. Is it the governmentôs intent for the SB Plan submitted with the proposal and subsequent reporting of SB amounts subcontracted under a resultant contract to be based on total contract dollars or subcontracted dollars, or both? Will the contractor be judged in contract performance reporting of its SB goals based on total contract value or subcontracted dollars?

ANSWER: Contractors shall express goals in accordance with 52.219-9(d).

111. Due to the recent changes with the release of Amendment 3, the complexity of the response, and the desire to submit the best possible proposal to ensure the greatest possible competition, request that the due date of the proposal for solicitation N6449823R4004 (Hull, Mechanical and Electrical (HM&E) Machinery and Systems

Services) be extended for three weeks. This would result in a proposal due date of Monday, 27 March, 2023.

ANSWER: The proposal due date was extended to Monday, 27 March 2023 12:00 pm under Amendment 0004 of solicitation N6449823R4004.

Note: The message below regarding Amendment 0004 being deleted may be disregarded, as it is automated output from the contract writing system.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 2,638,692 Hours Engineering and Technical Services

CPFF

In support of the Navy Modernizations of Hull, Mechanical and Electrical

(HM&E) systems with an ordering period from date of contract award through

60 months after date of award. Technical services are further described in the

Statement of Work (SOW).RESERVED FOR COST-PLUS-FIXED-FEE

(CPFF) LEVEL OF EFFORT (LOE) TYPE TASK ORDERS. NO PRICING

REQUIRED AT THIS TIME.

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

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

FOB: Destination

PSC CD: R425

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0002 53,127 Hours Engineering and Technical Services

FFP

In support of the Navy Modernizations of Hull, Mechanical and Electrical

(HM&E) systems with an ordering period from date of contract award through 60 months after date of award. Technical services are further described in the

Statement of Work (SOW). RESERVED FOR FIRM-FIXED-PRICE TYPE

TASK ORDERS WHEN APPLICABLE. NO PRICING REQUIRED AT THIS

TIME.

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

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

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0003 1 Lot Technical Data - CDRLs

CPFF

In accordance with Contract Data Requirements Lists (CDRLs) A001-B001.

NOT SEPARATELY PRICED (NSP)

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

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

UNIT UNIT PRICE MAX AMOUNT

0004 1 Lot Support Costs (Other Direct Costs)

COST

Includes material, travel, incidental subcontracting and other direct costs (ODCs) in support of Item 0001 in accordance with the Statement of Work. The estimated costs that will be incurred over the entire period of performance is

$227,784,120. This cost is a Not to Exceed (NTE) amount. All support costs are non-fee bearing costs. NO PRICING REQUIRED AT THIS TIME.

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

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

UNIT UNIT PRICE MAX AMOUNT

0005 159,381 Hours Engineering and Technical Services

CPFF

In support of the Navy Modernizations of Hull, Mechanical and Electrical

(HM&E) systems with an ordering period from date of contract award through

60 months after date of award. Technical services are further described in the

Statement of Work (SOW). RESERVED FOR CPFF COMPLETION TYPE

TASK ORDERS WHEN APPLICABLE. NO PRICING REQUIRED AT THIS

TIME.

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

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

UNIT UNIT PRICE MAX AMOUNT

0006 1 Lot Contractor Acquired Property (CAP)

FFP

Contract Acquired Property (CAP) IAW clause

52.245-1, Delivery of all property acquired by the contractor under this contract (NSP).

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

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

MAX

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

The below shall be determined at the task order level:

The following is applicable to CLIN 0001 and 0005:

B-215-H001 MAXIMUM RATES (NAVSEA) (OCT 2018)

(a) Maximum Pass Through Rates ï Applicable to all Task Orders Types. The pass through rate is defined as the cumulative amount of the two elements listed below divided by the price paid to the subcontractor or the vendor:

(1) any and all prime contractor indirect costs including, but not limited to: overhead, material handling charges, G&A, burdens and mark-ups; and

(2) any and all prime contractor profit or fee*

*For purposes of this contract, ñfeeò means ñtarget feeò in cost-plus-incentive-fee type contracts, ñbase feeò in cost-plus-award-fee type contracts, or ñfixed feeò in cost-plus-fixed-fee type contracts.

(b) The Contractor agrees that the maximum pass-through rate that shall be charged against any non- ODC CLIN where labor is proposed under this contract shall not exceed 8%. For purposes of the maximum pass-through, any effort provided by a division, subsidiary or any other entity of the prime contractor shall not be considered subcontracted effort and all fee/profit must be provided at the prime level subject to the limitations specified in this contract.

(c) Maximum Profit/Fee Rate ï Applicable to Cost Plus Fixed Fee CLINs Only. Contractor compliance with the maximum fee rate on CPFF CLINs is applicable at the time of task order award and is based on the ratio of fixed fee to the estimated cost. A proposed fee at the task order level that is higher than the maximum fee rate stated in the offerorôs base contract shall render the contractorôs proposal unacceptable. The Contractor agrees that the maximum fixed fee rate shall not exceed 8 %. Fee becomes a fixed dollar amount at the time of task order award and is subject to the provisions of the Level of Effort clause of the task order. The maximum fee rate being proposed at the task order level by the prime contractor shall flow down to all subcontractors/consultants included as part of your (the Prime) proposal.

(d) Other Direct Costs and Travel. No fee is allowed on Other Direct Costs or Travel. Indirect cost elements such as G&A and material handling may be applied to ODCs but may not include fee.

(End of text)

B-216-H006 FEE TABLE (NAVSEA) (MAR 2019)

The following is applicable to CLIN 0001 and CLIN 0005:

Labor CLIN Labor Hours Cost Per

Hour*

Fee Rate Per

Hour*

Loaded

Hourly Rate

TBD AT

TASK

ORDER

LEVEL

*The offeror shall divide the proposed fee for each CLIN by the quantity of labor hours indicated to complete the table. Fee is calculated based on cost less FCCOM; if FCCOM is proposed, necessary columns may be added. Note the proposed fee per hour for this task order shall not exceed the maximum fee percentage established in the basic contract award.

In the event of any inconsistency between the above table and the CLIN pricing, the CLIN pricing shall take precedence.

B-231-H001 TRAVEL COSTS (NAVSEA) (OCT 2018)

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its actual travel costs in accordance with FAR 31.205-46. The travel costs to be reimbursed shall be those costs for which the Contractor has maintained appropriate documentation and which have been determined to be allowable, allocable, and reasonable by the

Procuring Contracting Officer, Administrative Contracting Officer, or their duly authorized representative.

(b) Reimbursable travel costs include only that travel performed from the Contractor's facility to the worksite, in and around the worksite, and from the worksite to the Contractor's facility.

(c) Relocation costs and travel costs incidental to relocation are allowable to the extent provided in FAR 31.205-35;

however, Procuring Contracting Officer approval shall be required prior to incurring relocation expenses and travel costs incidental to relocation.

(d) The Contractor shall not be reimbursed for the following daily local travel costs:

(i) travel at U.S. Military Installations where Government transportation is available,

(ii) travel performed for personal convenience/errands, including commuting to and from work, and

(iii) travel costs incurred in the replacement of personnel when such replacement is accomplished for the

Contractor's or employee's convenience.

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

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

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

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

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

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

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

B-232-H003 PAYMENTS OF FEE (S) (COMPLETION) (NAVSEA) (OCT 2018)

The following is applicable to CLIN 0005:

(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, or "fixed fee" in cost-plus-fixed-fee type contracts.

(b) The Government shall make payments to the Contractor, subject to and per the clause in this contract entitled "Fixed

Fee" (FAR 52.216-8) or "Incentive Fee", (FAR 52.216-10), as applicable. Such payments shall be equal to TBD percent

(TBD) of the allowable cost of each invoice submitted by and payable to the Contractor pursuant to the clause of this contract entitled "Allowable Cost And Payment" (FAR 52.216-7), subject to the withholding terms and conditions of the

"Fixed Fee" or "Incentive Fee" clause, as applicable (percentage of fee payable is based on fee dollars divided by estimated cost dollars including facilities capital cost of money). Fee shall not be applied on Facilities Capital Cost of

Money per FAR 15.404-4(c)(3) and DFARS 215-404-71-4. Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract.

(c) In the event of discontinuance of the work under this contract, or any specified phase of the contract, per the clause of this contract entitled "Limitation of Funds" (FAR 52.232-22) or "Limitation of Cost" (FAR 52.232-20), as applicable, the fee shall be equitably adjusted by mutual agreement to reflect the diminution of work. If the adjusted fee is less than the sum of all fee payments made to the Contractor under this contract, the Contractor shall repay the excess amount to the Government. If the adjusted fee exceeds all payments made to the Contractor under this contract, the Contractor shall be paid the additional amount, subject to the availability of funds. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract at the time of the discontinuance of work.

(d) Fee(s) withheld pursuant to the terms and conditions of this contract shall not be paid until the contract has been modified to reduce the fee(s) per paragraph (c) above, or until the Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required.

B-232-H005 PAYMENTS OF FEE(S) (LEVEL OF EFFORT)--ALTERNATE I (NAVSEA) (OCT 2018)

(a) For purposes of this contract, "fee" means "target fee" in cost-plus-incentive-fee type contracts, "base fee" in cost-plus-award-fee type contracts, or "fixed fee" in cost-plus-fixed-fee type contracts.

(b) The Government shall make payments to the Contractor, subject to and per the clause in this contract entitled "Fixed

Fee" (FAR 52.216-8) or "Incentive Fee", (FAR 52.216-10), as applicable. Such payments shall be submitted by and payable to the Contractor pursuant to the clause of this contract entitled "Allowable Cost and Payment" (FAR 52.216-7), subject to the withholding terms and conditions of the "Fixed Fee" or "Incentive Fee" clause, as applicable. Fee paid per hour shall be based on total fee dollars divided by total hours to be provided. Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract.

B-232-H006 LIMITATION OF COST OR LIMITATION OF FUNDS CLARIFICATION (NAVSEA) (OCT 2018)

The clause entitled "Limitation of Cost" (FAR 52.232-20) or "Limitation of Funds" (FAR 52.232-22), as appropriate, shall apply separately and independently to each separately identified estimated cost.

Section C - Descriptions and Specifications

C-202-H001 ADDITIONAL DEFINITIONSïBASIC (NAVSEA) (OCT 2018)

(a) Department - means the Department of the Navy.

(b) Commander, Naval Sea Systems Command - means the Commander of the Naval Sea Systems Command of the

Department of the Navy or his duly appointed successor.

(c) References to The Federal Acquisition Regulation (FAR) - All references to the FAR in this contract shall be deemed to also reference the appropriate sections of the Defense FAR Supplement (DFARS), unless clearly indicated otherwise.

(d) National Stock Numbers - Whenever the term Federal Item Identification Number and its acronym FIIN or the term Federal Stock Number and its acronym FSN appear in the contract, order or their cited specifications and standards, the terms and acronyms shall be interpreted as National Item Identification Number (NIIN) and National

Stock Number (NSN) respectively which shall be defined as follows:

(1) National Item Identification Number (NIIN). The number assigned to each approved Item

Identification under the Federal Cataloging Program. It consists of nine numeric characters, the first two of which are the National Codification Bureau (NCB) Code. The remaining positions consist of a seven digit non-significant number.

(2) National Stock Number (NSN). The National Stock Number (NSN) for an item of supply consists of the applicable four-position Federal Supply Class (FSC) plus the applicable nine-position NIIN assigned to the item of supply.

C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA)

(OCT 2018)

(a) NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as ñprotected informationò. File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.

(c) Execution of this contract by the contractor is considered consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file room management support contractor for the limited purpose of executing its file room support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring

Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

C-211-H001 ACCESS TO THE VESSEL(S) (NAVSEA) (OCT 2018)

Officers, employees and associates of other prime Contractors with the Government and their subcontractors, shall, as authorized by the Supervisor, have, at all reasonable times, admission to the plant, access to the vessel(s) where and as required, and be permitted, within the plant and on the vessel(s) required, to perform and fulfill their respective obligations to the Government. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Supervisor to be given admission to the plant and access to the vessel(s) for office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of the respective responsibilities involved, and reasonable to their performance.

C-211-H002 DRY-DOCK CERTIFICATION (NAVSEA) (OCT 2018)

The dry-docking of all vessels shall be accomplished in dry docks certified in accordance with MIL-STD-1625D(SH) dated 27 August 2009 as invoked by NAVSEA Standard Item 009-01 dated 18 November 2016. A copy of Standard

Item (SI) 009-01 can be obtained from the internet by going to http://www.navsea.navy.mil/Home/RMC/CNRMC/OurPrograms/SSRAC/NSI/ and selecting the NAVSEA Standard

Items (NSI) tab then select the applicable FY standard item link and then select SI 009-01.

C-211-H004 HEAVY WEATHER PLAN (NAVSEA) (OCT 2018)

http://www.navsea.navy.mil/Home/RMC/CNRMC/OurPrograms/SSRAC/NSI/

(a) In order to ensure that Naval vessel(s), material and Government property are protected during destructive weather such as gales, storms, hurricanes, high winds, heavy snow, ice and high water, the Contractor is required to have a written Heavy Weather Plan (HWP) which assigns responsibilities and prescribes actions to be taken on the approach of and during heavy weather conditions as delineated in NAVSEA Standard Item (SI) 009-69 dated 18 November 2016. A copy of Standard Item (SI) 009-69 can be obtained from via the internet by going to:

http://www.navsea.navy.mil/Home/RMC/CNRMC/OurPrograms/SSRAC/NSI/ and selecting the NAVSEA Standard

Items (NSI) tab then select the applicable FY standard item link and then select SI 009-69. In accordance with SI 009-

69, the Contractor shall furnish to the cognizant Regional Maintenance Center (RMC), a copy of such HWP, and shall make such changes in the plan as the RMC considers necessary and reasonable to protect and care for vessel(s), material and Government property.

(b) In the event the RMC directs the Contractor to implement the HWP pursuant to SI 009-69 the Contractor may submit to the Contracting Officer a request for reimbursement for costs resulting from such actions together with any documentation that the Contracting Officer may reasonably require. The Government shall reimburse the Contractor for all reasonable, allowable and allocable costs resulting from the Contractor's implementation of the HWP based on such

Government direction.

C-211-H005 PLANT PROTECTION (NAVSEA) (OCT 2018)

(a) In accordance with NAVSEA STANDARD ITEM (SI) 009-72, (01 OCT 2021) the Contractor shall develop, maintain, and implement, as necessary, a Plant Protection Plan which prescribes the actions and procedures and assigns responsibilities for actions to be taken to provide adequate protection of the ship(s) and the materials and equipment to be installed therein. A copy of SI 009-72 can be obtained from the purchasing office representative listed in Section G of the contract or via the internet by going to http://www.navsea.navy.mil/Home/RMC/CNRMC/OurPrograms/SSRAC/NSI/ and selecting the NAVSEA Standard

Items (NSI) tab then select the applicable FY standard item link and then select SI 009-72.

(b) The Contractor shall establish and maintain, for its plant and the work in process under this contract, physical security boundaries and other security measures to provide safeguards against hazards, including unauthorized entry, malicious mischief, theft, espionage, sabotage, and terrorism to U.S. Naval Vessels and their crews, in accordance with SI 009-72 and Attachment A thereto. The Contractor shall also provide reasonable safeguards against vandalism and fire.

(c) The Contractor shall meet the requirements of Force Protection Condition NORMAL (as defined in SI 009-72) at all times. In addition, and in accordance with SI 009-72, the Contractor shall meet the requirements of increased levels of Force Protection as may be required or approved by the Contracting Officer, or when notified by the

Supervisor, for the protection of its plant and the work in process under this contract against any threats including terrorism, espionage, sabotage, and enemy action.

(d) At the Supervisorôs discretion, the Contractor and the Supervisor shall negotiate a cost rate agreement applicable to each level of increased Force Protection above the NORMAL level. In addition to material costs, the labor cost rates shall be negotiated using the contractorôs and the Supervisorôs accepted common business practices. The labor and material costs to the Contractor for all safeguards so required or approved shall, to the extent allowable and allocable to this contract, be reimbursed to the Contractor in the same manner as if the Contractor has furnished such safeguards pursuant to a change order issued under the clause of this contract entitled "Changes--Fixed Price" (FAR

52.243-1) or "Changes--Cost-Reimbursement" (FAR 52.243-2), as applicable. Such costs shall not include any allowance on account of overhead expense, except shop overhead charges incident to the construction or installation of such devices or equipment.

(e) Upon payment, in accordance with the Payments provision of this contract, by the Government of the cost to the

Contractor for any device or equipment required or approved under paragraph (c) above, title thereto shall vest in the

Government, and the Contractor shall comply with the instructions of the Contracting Officer respecting the identification and disposition thereof. No part or item of any such devices or equipment shall be or become a fixture by reason of affixation to any realty not owned by the Government.

(f) The plant protection plan and rate agreements required by this requirement shall be completed and implemented, within sixty (60) days of contract award for new construction and prior to ship arrival for conversion, repair or overhaul.

C-211-H008 QUALIFICATION OF CONTRACTOR NON-DESTRUCTIVE TESTING (NDT) PERSONNEL

(NAVSEA) (OCT 2018)

(a) The Contractor and any Non-destructive Testing (NDT) subcontractor shall utilize for the performance of required NDT, only Level I, II and III personnel currently certified in accordance with NAVSEA Technical

Publication T9074-AS-GIB-010/271, Revision 1 of 11 September 2014. Documentation pertaining to the qualification and certification of NDT personnel shall be made available to the Contracting Officer for review upon request.

(b) These requirements do not apply with respect to nuclear propulsion plant systems and other matters under the technical cognizance of the Office of Navy Nuclear Propulsion (NAVSEA 08). Because of health and safety considerations, such matters will continue to be handled as directed by NAVSEA 08.

C-211-H010 TUG AND PILOT SERVICES (NAVSEA) (OCT 2018)

The Contractor shall provide necessary tug and pilot services to move the vessel(s) from the fairway of the plant to the pier or dock, and upon completion of all work from the pier or dock, to the fairway of the plant.

C-211-H016 SPECIFICATIONS AND STANDARDS (NAVSEA) (OCT 2018)

(a) Definitions.

(i) A "zero-tier reference" is a specification, standard, or drawing that is cited in the contract (including its attachments).

(ii) A "first -tier reference" is either: (1) a specification, standard, or drawing cited in a zero-tier reference, or (2) a specification cited in a first-tier drawing.

(b) Requirements. All zero-tier and first-tier references, as defined above, are mandatory for use. All lower tier references shall be used for guidance only unless specifically identified below.

None

C-211-H017 UPDATING SPECIFICATIONS AND STANDARDS (NAVSEA) (DEC 2018)

The contractor may request that this contract be updated to include the current version of the applicable specification or standard if the update does not affect the form, fit or function of any deliverable item or increase the cost/price of the item to the Government. The contractor should submit update requests to the Procuring Contracting Officer with copies to the Administrative Contracting Officer and cognizant program office representative for approval. The contractor shall perform the contract in accordance with the existing specifications and standards until notified of approval/disapproval of its request to update by the Procuring Contracting Officer. Any approved alternate specifications or standards will be incorporated into the contract.

C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)

Approval by the Government as required under this contract and applicable specifications shall not relieve the

Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.

C-211-H019 COMMONALITY AND STANDARDIZATION (NAVSEA) (FEB 2022)

The Contractor shall develop and implement a Commonality and Standardization Plan, reducing range and increasing depth of like equipment, to enhance supportability, minimize life cycle costs, and increase system readiness and interoperability across ships/ship classes through the selection of equipment and components which are, to the maximum extent possible, (1) common for application within U.S. Navy Ships, Submarines, and Coast

Guard Boats, and (2) common with equipment/components currently installed in U.S. Navy ships. The Contractor shall utilize both Industry (e.g., the Common Parts Catalog) and Government (e.g., NAVSEA Enterprise

Commonality Virtual Shelf and the Hull, Mechanical and Electrical Equipment Data Research System (HEDRS)) tools to implement its Commonality and Standardization Plan. For selecting Hull Mechanical and Electrical

(HM&E) equipment/components, the Contractor shall utilize NAVSEA Enterprise Commonality Virtual Shelf before other tools, if the items meet the contract requirements. The Virtual Shelf is a web-based repository of

HM&E equipment/components that meet cross-platform requirements and specifications and provide superior Total

Ownership Cost (TOC). Information to gain access to the Virtual Shelf is located on the following web site:

https://www.pdrep.csd.disa.mil/

C-211-H020 PROTECTION OF THE VESSEL (NAVSEA) (MAR 2019)

(a) The Contractor shall exercise reasonable care, as agreed upon with the Supervisor, to protect the vessel from fire, and shall maintain a system of inspection over the activities of its welders, burners, riveters, painters, pipe fitters, and similar workers, and of its subcontractors, particularly where such activities are undertaken in the vicinity of the vessel's magazines, fuel oil tanks, or store rooms containing inflammable materials. All ammunition, fuel oil, motor fuels, and cleaning fluids shall have been off-loaded and the tanks cleaned, except as may be mutually agreed upon between the Contractor and the Supervisor prior to work on the vessel by the Contractor. Fire hose lines shall be maintained by the Contractor ready for immediate use on the vessel at all times while the vessel is berthed https://www.pdrep.csd.disa.mil/ alongside the Contractor's pier or in dry dock. All tanks under alteration or repair shall be cleaned, washed, and steamed out or otherwise made safe to the extent necessary, and the Contractor shall furnish the vessel's Gas Free

Officer and the Supervisor with a "Gas Chemists' Certificate" before any hot work is done. The Contractor shall maintain a fire watch aboard the vessel in areas where the Contractor is working. All other fire watches aboard the vessel shall be the responsibility of the Government.

(b) Except as otherwise provided in contractually invoked technical specifications or NAVSEA furnished directives, while the vessel is at the Contractor's plant and when the temperature becomes as low as thirty-five degrees Fahrenheit, the Contractor shall assist the Government when requested in keeping all pipe-lines, fixtures, traps, tanks, and other receptacles on the vessel drained to avoid damage from freezing, or if this is not practicable, the vessel shall be kept heated to prevent such damage. The vessel's stern tube and propeller hubs shall be protected by the Contractor from frost damage by applied heat through the use of a salamander or other proper means.

(c) The work shall, whenever practicable, be performed in such manner as not to interfere with the work performed by military personnel attached to the vessel, and provisions shall be made so that personnel assigned shall have access to the vessel at all times, it being understood that such personnel will not unduly interfere with the work of the Contractor's workmen.

(d) The Contractor shall at all times keep the site of the work on the vessel free from accumulation of waste material or rubbish caused by its employees, or the work performed by the Contractor in accordance with this contract, and at the completion of such work shall remove all rubbish from and about the site of the work, and shall leave the work in its immediate vicinity "broom clean", unless more exactly specified by the Supervisor.

(End of Text)

C-215-H002 CONTRACTOR PROPOSAL (NAVSEA) (OCT 2018)

(a) Performance of this contract by the Contractor shall be conducted and performed in accordance with the detailed obligations to which the Contractor committed itself in Proposal TBD dated TBD in response to Solicitation No.

N6449823R4004.

(b) The technical volume(s) of the Contractor's proposal is(are) hereby incorporated by reference and made subject to the "Order of Precedence" (FAR 52.215-8) clause of this contract. Under the "Order of Precedence" clause, the technical volume(s) of the Contractor's proposal referenced herein is (are) hereby designated as item (f) of the clause, following

"the specifications" in the order of precedence.

C-222-H001 ACCESS TO THE VESSELS BY NON-U.S. CITIZENS (NAVSEA) (APR 2019)

(a) No person not known to be a U.S. citizen shall be eligible for access to naval vessels, work sites and adjacent areas when said vessels are under construction, conversion, overhaul, or repair, except upon a finding by

COMNAVSEA or his designated representative that such access should be permitted in the best interest of the

United States. The Contractor shall establish procedures to comply with this requirement and NAVSEAINST

5510.2D.

(b) If the Contractor desires to employ non-U.S. citizens in the performance of work under this contract or agreement that requires access as specified in paragraph (a) of this requirement, approval must be obtained prior to access for each contract or agreement where such access is required. To request such approval for non-U.S. citizens of friendly countries, the Contractor shall submit to the cognizant Contract Administration Office (CAO), an Access

Control Plan (ACP) which shall contain as a minimum, the following information:

(1) Badge or Pass oriented identification, access, and movement control system for non-U.S. citizen employees with the badge or pass to be worn or displayed on outer garments at all times while on the Contractor's facilities and when performing work aboard ship.

(i) Badges must be of such design and appearance that permits easy recognition to facilitate quick and positive identification.

(ii) Access authorization and limitations for the bearer must be clearly established and in accordance with applicable security regulations and instructions.

(iii) A control system, which provides rigid accountability procedures for handling lost, damaged, forgotten or no longer required badges, must be established.

(iv) A badge or pass check must be performed at all points of entry to the Contractor's facilities or by a site supervisor for work performed on vessels outside the Contractor's plant.

(2) Contractor's plan for ascertaining citizenship and for screening employees for security risk.

(3) Data reflecting the number, nationality, and positions held by non-U.S. citizen employees, including procedures to update data as non-U.S. citizen employee data changes, and pass to cognizant CAO.

(4) Contractor's plan for ensuring subcontractor compliance with the provisions of the Contractor's ACP.

(5) These conditions and controls are intended to serve as guidelines representing the minimum requirements of an acceptable ACP. They are not meant to restrict the Contractor in any way from imposing additional controls necessary to tailor these requirements to a specific facility.

(c) To request approval for non-U.S. citizens of hostile and/or communist-controlled countries (listed in Department of Defense Industrial Security Manual, DOD 5220.22-M or available from cognizant CAO), Contractor shall include in the ACP the following employee data: name, place of birth, citizenship (if different from place of birth), date of entry to U.S., extenuating circumstances (if any) concerning immigration to U.S., number of years employed by

Contractor, position, and stated intent concerning U.S. citizenship. COMNAVSEA or his designated representative will make individual determinations for desirability of access for the above group. Approval of ACP's for access of non-U.S. citizens of friendly countries will not be delayed for approval of non-U.S. citizens of hostile communist-controlled countries. Until approval is received, Contractor must deny access to vessels for employees who are non-

U.S. citizens of hostile and/or communist-controlled countries.

(d) The Contractor shall fully comply with approved ACPs. Noncompliance by the Contractor or subcontractor serves to cancel any authorization previously granted, in which case the Contractor shall be precluded from the continued use of non-U.S. citizens on this contract or agreement until such time as the compliance with an approved

ACP is demonstrated and upon a determination by the CAO that the Government's interests are protected. Further, the Government reserves the right to cancel previously granted authority when such cancellation is determined to be in the Government's best interest. Use of non-U.S. citizens, without an approved ACP or when a previous authorization has been canceled, will be considered a violation of security regulations. Upon confirmation by the

CAO of such violation, this contract, agreement or any job order issued under this agreement may be terminated or default in accordance with the clause entitled "Default (Fixed-Price Supply and Service)" (FAR 52.249-8), "Default

(Fixed-Price Research and Development)" (FAR 52.249-9) or "Termination (Cost Reimbursement)" (FAR 52.249-

6), as applicable.

(e) Prime Contractors have full responsibility for the proper administration of the approved ACP for all work performed under this contract or agreement, regardless of the location of the vessel, and must ensure compliance by all subcontractors, technical representatives and other persons granted access to U.S. Navy vessels, adjacent areas, and work sites.

(f) In the event the Contractor does not intend to employ non-U.S. citizens in the performance of the work under this contract, but has non-U.S. citizen employees, such employees must be precluded from access to the vessel and its work site and those shops where work on the vessel's equipment is being performed. The ACP must spell out how non-U.S. citizens are excluded from access to contract work areas.

(g) The same restriction as in paragraph (f) above applies to other non-U.S. citizens who have access to the

Contractor's facilities (e.g., for accomplishing facility improvements, from foreign crewed vessels within its facility, etc.) except that, with respect to access to the vessel and worksite, the restrictions shall not apply to uniformed U.S.

Navy personnel who are non-U.S. citizens and who are either assigned to the ship or require access to the ship to perform their duties.

C-223-H002 SAFETY, HEALTH AND FIRE REQUIREMENTS FOR SHIP REPAIR (NAVSEA) (JAN 2019)

(a) Attention of the Contractor is directed to the Occupational Safety and Health Act of 1970 (29 USC 651-678), and to the Safety and Health Regulations for Ship Repairing (29 CFR 1915), promulgated under Public Law 85-742, amending Section 41 of the Longshoremen's and Harbor Workers' Compensation Act (33 USC 941), and adopted by the Department of Labor as occupational safety or health standards under Section 6(a) of the Occupational Safety and Health Act of 1970 (See 29 CFR 1910.13). These regulations apply to all ship repair and related work, as defined in the regulations performed under this contract on the navigable waters of the United States including any dry dock and marine railway. Nothing contained in this contract shall be construed as relieving the Contractor from any obligations which it may have for compliance with the aforesaid regulations.

(b) SAFETY INSPECTOR/FIRE MARSHAL: In addition to the safety standards provided in the specifications, the contractor is responsible for providing an experienced Safety Inspector/Fire Marshal who will accomplish daily inspections of the Contractor's entire work area on the ship, together with the Contracting Officeôs Safety

Representative. This Inspector or Fire Marshal shall not be one of the Contractor's supervisors or superintendents…

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