N6817119R6001_Draft_Solicitation_for_industry_day_11.20.2018.docx

N00189-19-R-xxxx

Section B - Supplies or Services and Prices

PLANNING

FFP

The contractor is required to accomplish the advanced planning for the homeported DDG-51 class ships CNO SRA and SIA Scheduled Availabilities and Unscheduled Availabilities to include , Emergent Maintenance (EM), Continuous Maintenance (CM) and Continuous Maintenance Availabilities (CMAV) per the specifications and the detailed data provided in this Statement of Work (SOW), Contract and each resultant delivery order.

FOB: Destination

MAX TOTAL AMT

MAX NET AMT

EXECUTION LABOR

FFP

The Contractor, as required by this contract and/or each requisite Delivery Order, shall furnish the labor, support (electrical, crane, rigging, etc.) and facilities (except those furnished by the U.S. Government under express provisions of this contract) necessary for the accomplishment of required maintenance, repair and Modernization work identified in each Delivery Order.

MAX TOTAL AMT

MAX NET AMT

MATERIALS

COST

Unless specifically provided by the U.S. Government, the contractor is required to provide all long lead time material (LLTM), maintenance supplies and material required, in accordance with this contract, to accomplish the task identified in each delivery order.

Cost reimbursement

MAX COST

TRAVEL AND ODC

COST

Travel and ODC cost shall be incurred and invoiced in accordance with the Performance Work Statement (SOW).

Cost reimbursement

MAX COST

MINIMUM GUARANTEE

As prescribed in FAR 16.504, Indefinite Quantity Contracts, the minimum guarantee for this contract is €85,820. This minimum guarantee will be provided through the issuance of delivery orders for maintenance, repair and modernization efforts.

Section B Notes:

NOTE B: FIXED SHIP REPAIR LABOR AND MATERIAL BURDEN RATES

The parties agree that the fixed Ship Repair labor and any material and or ODC burden rates provided in exhibit A will be the resultant rates used to price the work being issued under each of the delivery orders placed on contract. These rates will not be subject to re-negotiation nor adjustments after contract award.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

The performance work statement (SOW) that provides the technical specifications for this requirement are included in Attachment 1 to this document.

Section E - Inspection and Acceptance

E-1 CORRECTION OF DEFECTS

In case any work done or materials or supplies furnished by the Contractor under this contract for any vessel, or the equipment thereof, shall within sixty (60) days of delivery of the vessel to the Government, or the date of final acceptance, whichever occurs first, prove defective or deficient, such defects or deficiencies shall, as required by the Government, be corrected or repaired by the Contractor to the satisfaction of the Contracting Officer; provided, however, that with respect to any individual work item which is incomplete or deficient at the time of delivery or acceptance, the Contractor's obligation under this requirement to correct or repair such deficiency shall extend sixty (60) days from the date of such correction or repair, whichever occurs first. The correction or repair such deficiencies will be at no additional increase in price for CLINs 0001 and/or 0002. However, the Contractor is entitled to be reimbursed for allowable CLIN 0003 material and/or CLIN 0004 ODC costs for corrections or repairs performed in accordance with this requirement.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

31-OCT-xxxx

. VA

N60550

31-OCT-xxxx

N60550

31-OCT-xxxx

N60550

31-OCT-xxxx

N60550

CLAUSES INCORPORATED BY FULL TEXT

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

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of To be filled in at the task order level per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default clause at 252.217-7009, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default clause 252.217-7009 in this contract.

(End of clause)

Section G - Contract Administration Data

G-1 INVOICE REQUIREMENTS

INVOICE REQUIREMENTS AND PAYMENTS

PAYMENT

CLIN 0001 – (FFP) Contractor may submit invoices for the firm fixed price portion of this CLIN once the final planning package has been submitted to the Government for review and acceptance. Once the final planning package has been certified and approved by the Government, the invoice will be certified and approved for payment.

CLIN 0002 – (FFP) Contractor may submit invoices once work items have been completed. Invoices will be certified for payment once the Government has accepted each work item.

CLIN 0003 – (COST) Contractor may submit invoices monthly for material cost incurred during that period. Invoices will be paid once the Government has certified that the materials were accepted.

CLIN 0004 – (COST) Contractor may submit invoices monthly for approved travel and other direct cost that have been incurred during that period. Invoices will be paid once the Government has certified that the travel and ODC’s were incurred and invoiced in accordance with the contract.

INVOICE REQUIREMENTS

FFP INVOICES

1. Invoices must be sent to (To be identified in each delivery order) for certification and authorization for payment. Invoices must be signed by Contractor Project Manager and certified by U.S. Government Contracting Officers Representative prior to submission for payment. U.S. Government Accounts Payable shall pay invoice within thirty (30) calendar days of receipt of authenticated invoice.

2. At a minimum, the following information must appear on the face of each invoice:

COST REIMBURSEMENT INVOICES

(a) The Contractor shall submit invoices and any necessary supporting documentation, in an original and TBD copies, to the contract auditor at the following address:

Invoices will be segregated by individual order and submitted to the address specified in the order. In addition, an information copy shall be submitted to the Contract Administration Office.

Following verification, the contract auditor will forward the invoice to the designated payment office for payment in the amount determined to be owed, in accordance with the applicable payment clause(s) of this contract.

(b) Invoices shall be submitted no more than once every two weeks for each delivery order. There shall be a lapse of no more than sixty (60) calendar days between performance/delivery and submission of an interim payment invoice.

(c) In addition to the information identified in the Prompt Payment clause herein, each invoice shall contain the following information, as applicable:

(1) Contract line item number (CLIN)

(2) Subline item number (SLIN)

(3) Accounting Classification Reference Number (ACRN)

(4) Payment terms

(5) Procuring activity

(6) Date supplies provided or services performed

(7) Costs incurred and allowable under the contract

(8) Vessel (e.g., ship, submarine or other craft) or system for which supply/services is provided

(d) A DD Form 250, “Material Inspection and Receiving Report”, |X| is required with each invoice submittal.

(e) A Certificate of Performance

(f) The Contractor's final invoice shall be identified as such, and shall list all other invoices (if any) previously tendered under this contract.

(g) Costs of performance/delivery shall be segregated, accumulated and invoiced to the appropriate ACRN categories to the extent possible. When such segregation of costs by ACRN is not possible for invoices submitted with CLINS/SLINS with more than one ACRN, an allocation ratio shall be established in the same ratio as the obligations cited in the accounting data so that costs are allocated on a proportional basis.

G-2 ORDERING

Individual delivery orders placed under the contract shall be issued by the Administrative Contracting Officer. For the purpose of the contract, any warranted contracting officer of NAVSUP Fleet Logistics Center can place an order. Orders may be issued by a warranted contracting officer orally, by facsimile, or by electronic mail. Each order issued orally shall be confirmed in writing within seven (7) business days.

ORDERING PROCESS, PROCEDURES AND GUIDELINES

DELIVERY ORDER (DO) NOTICE PROCESS

Work will be ordered by the U.S. Government through the issuance of delivery orders.

PLANNING

The Administrative Contracting Officer (ACO) will issue a Request for Proposal (RFP) describing the anticipated work items prior to availability. The contractor will submit a price proposal for the planning effort no later than the date included in the RFP. If long lead time materials are required to be purchased under the planning delivery order, the contractor shall, in a timely manner, notify the Contracting Officers Representative (COR) and the ACO by providing a proposal which includes a detailed cost breakdown of materials and ODC's plus any applicable indirect costs (i.e G&A and or overhead) using the established rates included in the contract. The Government will review and issue a separate contract action to order the needed material requirements.

MAINTENANCE AND EXECUTION

For availabilities where the contractor performs both the planning and maintenance functions, after the work specifications have been written,, the contractor shall deliver the planning documents to the Government for approval in accordance with the planning milestones provided by the Government. In addition, the contractor will be notified of the Government provided work items and shall provide their price proposal for the maintenance work in accordance with the established planning milestones. If the total price is determined to be fair and reasonable, a delivery order will then be issued unilaterally by the Government and the contractor maintenance teams will begin processing the work specifications and repairing the ship. If negotiations are required, the contractor shall work expeditiously with the Government to provide any supporting information and justification as requested.

GROWTH WORK AND NEW WORK

Due to the nature of ship maintenance and repair, the extent of the work required is often unknown until the contractor is able to "open and inspect" the work items. Based on the contractor's inspection and findings of the work items, the budgeted amount for any particular work item could potentially increase in cost. This instability in work item condition is called growth work. Growth work can lead to significant re-planning of the effort by the contractor and budget/estimate changes by the Government. Once growth work has been identified and a Condition Found Reports (CFR's) and Request for Contract Change (RCC's) have been entered into NMD and approved by the Government, prior to beginning work, the contractor shall submit a modification request and modification proposal to the ACO, COR, and Government Program Manager (PM) for review. If the proposal is deemed acceptable, the ACO will issue a modification to the delivery order for the additional work.

New work may also be included in a work package. If new work will be included, the Government will provide the contractor with the work item in the form of a request for a modification proposal to plan, incorporate and execute the additional work. The contractor shall provide a modification price proposal back to the ACO within the timeframe stated in the modification proposal request.

Growth work and New Work modification proposal shall include a labor breakdown by work item, labor category, hours, and contract rate. If materials travel and/or ODC's are proposed, the contractor shall provide a detailed cost breakdown of the proposed materials, travel and ODC's plus any applicable indirect costs (i.e G&A and or overhead) cost using the rates included in the contract.

PROPOSAL REQUREMENTS

Delivery Order Proposals shall be priced using the labor categories and labor rates included in the contract. Each Work item included in the notice shall be separately priced. If materials, travel and other direct cost (ODC's) are proposed, the contractor shall include each estimated material item, the number of each item and the applicable indirect rate(s) (i.e G&A and over overhead) included in the contract applied to each item. Contractor shall provide supporting documentation displaying proof of competition in subcontracting when purchasing materials, travel and/or ODC's. Supporting documentation shall include, but is not limited to: Written request of at least three vendors with quotes from at least two vendors per material, travel, ODC item or a justification subject to ACO approval as to why competition was not utilized. Contractors may also use commercial catalogs, invoices, contracts, or price list to support proposed cost.

NEGOTIATIONS

If the Government and contractor have a disagreement on the maintenance labor mix or hours proposed, the contractor shall provide adequate technical justification to support their proposed approach. If there is a disagreement between the parties regarding material, travel and/or ODC's, the contractor shall provide all supporting documentation and cost data requested by the Government.

G-3 CONTRACT ADMINISTRATION

In order to expedite administration of this order, the following delineation of duties is provided – including the names, addresses and phone numbers for each individual or office as specified. The individual/position designated as having responsibility should be contacted for any questions, clarifications, or information regarding the function assigned.

PROCURING CONTRACTING OFFICER (PCO) is responsible for

All pre-award information, questions, or data;

Arrange a post-award conference;

Request proposals, negotiate prices and obligate the Government.

CONTRACT ADMINISTRATION OFFICE (CAO) is responsible for matters specified in FAR 42.302 and DFARS 242.302 except in those areas specifically designated as the responsibility of someone else herein. Following the award of the contract, administration of the contract will be transitioned to the CAO, which will encompass PCO duties. These duties will include, but are not limited to the following:

Freedom of Information inquiries;

Changes/questions/information regarding the scope, terms or conditions of the basic contract document;

Address:

Phone:

3. PAYING OFFICE is responsible for payment of proper invoices after acceptance certification is documented. The following payment office designated under this contract is:

4. DEFENSE CONTRACT AUDIT AGENCY (DCAA) is responsible for matters specified in FAR 42.101. The following audit office designated under this contract is:

Phone:

CONTRACTING OFFICER REPRESENTATIVE (COR) is responsible for:

1. Government Furnished Property/Material (GFP/GFM);

1. Security requirements on Government installation;

1. Providing the PCO or his designated specialist with appropriate funds for issuance of new work;

1. Certification of invoice for payment.

1. Arranging quarterly meetings between the ACO/COR/ACOR/TAs (and initially FLC Legal Counsel) to ensure adequate Government oversight is being provided.

1. Reviewing contractor reports providing recommendations for acceptance/rejection

1. Reviewing invoices for appropriateness of costs and providing recommendations to facilitate certification of the invoice.

NOTE: When in the opinion of the contractor, the COR requests effort outside the existing scope of the contract, the contractor shall promptly notify the contracting officer in writing. No action shall be taken by the contractor under such direction, until the contracting officer has issued a modification to the contract; or until the issue has otherwise been resolved.

THE COR IS NOT AN ADMINISTRATIVE CONTRACTING OFFICER AND DOES NOT HAVE THE AUTHORITY TO DIRECT THE ACCOMPLISHEMENT OF EFFORT WHICH IS BEYOND THE SCOPE OF THE SOW IN THE CONTRACT.

Address:

Phone:

In the event the COR named above is absent due to leave, illness, or official business, all responsibilities and functions assigned to the COR will be the responsibility of the alternate COR listed below:

Address:

Phone:

In addition, there may be a number of technical assistants (TA) who may be assigned to provide technical/administrative assistance to the COR. TAs may be assigned to assist and support the COR but do not have the authority to provide any technical direction or clarification directly to the contractor. These TAs will be identified prior to award. Responsibilities of the TAs are as follows:

1. Liaison with personnel at the Government installation and contractor personnel on site;

1. Technical advice/recommendations/clarifications on the specifications;

1. Writing and developing specifications for new work and contract changes;

1. An independent government estimate of the effort described in the SOW;

1. Quality assurance of services performed and acceptance of the services or deliverables.

1. Assuring proper mobile crane certification of the contractor;

1. Identifying contractor deficiencies to the COR;

1. Reviewing deliverables and recommending acceptance/rejection of deliverables.

1. Identifying contractor non-compliance of reporting requirements;

1. Evaluating contractor proposals for specific contract/orders and identifying areas of concern affecting negotiations;

1. Reviewing contractor reports providing recommendations for acceptance/rejection.

1. Providing COR with timely input regarding the specifications, technical direction to the contractor and recommending corrective actions; and

1. Providing written reports to the COR as required concerning trips, meetings or conversations with the contractor.

G-4 PROPERTY ADMINISTRATOR

The following individuals are designated as authorized Government Property Administrators:

Property Administrator

Naval Supply System Command, Fleet Logistics Center Sig. Det. Rota Policy & Oversight Division (Code 230) ATTN: To be filled in at the ordering level Address:

Alternate Property Administrator

Naval Supply System Command, Fleet Logistics Center Sig. Det. Rota Policy & Oversight Division (Code 230) ATTN: To be filled in at the ordering level Address

The above individuals are responsible for administering Government property in the possession of the contractor in accordance with FAR 52-245-5.

G-5 DELIVERY ORDER POC

DELIVERY ORDER POINT OF CONTACT

No later than five (5) business days after contract award, the successful offeror shall provide a single point of contact (POC) and alternate for all delivery orders issued under the resultant contract. The offeror shall p the name, mailing address, telephone number, facsimile number and e-mail address for the POC and POC alternate. The POC shall be available to the Contracting Officer/Administrative Contracting Officer or his /her designated representative on a 24-hour emergency basis.

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUNE 2012)

(a) Definitions. As used in this clause–

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when–

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

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

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

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

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

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

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

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

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

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

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

(1) Document type. The Contractor shall use the following document type(s).

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

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

Routing Data Table* Field Name in WAWF Data to be entered in WAWF

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

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

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

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

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

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section H - Special Contract Requirements

H-1 UNEQUAL ACCESS TO INFO

Unequal Access to Nonpublic Information

(a) Definition. Nonpublic information, as used in this provision, means any Government or third-party information that—

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public, and the Government has not yet determined whether the information can or will be made available to the public.

(b) Pre-proposal requirements. The offeror shall inform the Contracting Officer, prior to the submission of its offer, if it or any of its affiliates possesses any nonpublic information relevant to the current solicitation and provided by the Government, either directly or indirectly; the Offeror should also advise the Contracting Officer of any actions that the offeror proposes to take to resolve the situation.

(c) Proposal requirements. If a firewall has been used to mitigate the impact of access to nonpublic information, the Offeror represents, to the best of its knowledge and belief, that the firewall was implemented as agreed, and was not breached during the preparation of this offer; or, by checking this box [ ], that the firewall was not implemented or was breached, and additional explanatory information is attached.

(End of provision)

H-3 DOD CONTRACTOR SOFA STATUS

The 1989 Agreement on Defense Cooperation (ADC), and local laws, supplement the NATO SOFA.

Under Annex 6 of the ADC, contractors are authorized to work in Spain with prior approval from the Permanent Committee. Military authorities of the United States may propose to the Permanent Committee the designation of persons who are nationals of or ordinarily resident in the United States, whose presence in Spain is considered necessary solely for the purpose of executing a contract with the United States for the benefit of the U.S. forces or U.S. and Spanish armed forces in the exercise of the functions authorized. Persons designated by the Permanent Committee shall be accorded during their temporary stay in Spain the same treatment as members of the civilian component.

H-4 PLACEHOLDER

THIS SECTION HAS BEEN INTENTIONALLY LEFT BLANK

H-5 ADDITIONAL DEFINITIONS

As used throughout this contract, the following terms shall have the meanings set forth below:

(a) DEPARTMENT means the Department of the Navy.

(b) 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 Department of Defense FAR Supplement (DFARS), unless clearly indicated otherwise.

(c) REFERENCES TODEPARTMENT OF DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT All references in this document to the Department of Defense Federal Acquisition Regulation Supplement (DFARS) shall be deemed to be references to the appropriate sections of the FAR/DFARS.

(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.

H-6 CONTROL OF INFORMATION

The Contractor shall not provide Controlled Unclassified Information (CUI), U. S. Navy technical information (engineering drawings, technical manuals, system or equipment photographs) or any other U. S. Navy engineering data in any form (orally, paper copy, film or digital file/image) to anyone except NSA employees, other U.S. Department of Defense (DoD) Employees or U.S. DoD Contractors requiring the data for accomplishment of an NSA business processes unless the data is marked Distribution Statement “A” (Approved for public release: distribution is unlimited)or has been approved for unrestricted public release by the Commanding Officer of NSA or Commander U. S. Naval Forces Europe Public Affairs Officer (PAO). The contractor shall notify NSA/COR and request written permission to release CUI outside of NSA, DoD Activities or U.S. DoD Contractors that are not involved in the FDNF Rota business process if the contractor believes that the release is required to support a Public Affairs requirement.

H-7 INDEMNIFICATION FOR ACCESS TO VESSEL (MAY 1989)

Notwithstanding any provision in the "ACCESS TO VESSEL" clause (DFARS 252.217-7011), or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other prime contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.

CLAUSES INCORPORATED BY FULL TEXT

5252.223-9114 MANAGEMENT AND DISPOSAL OF HAZARDOUS WASTE (NOV 1996)

(a) GENERAL

(1) The Contractor shall comply with the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 10 U.S.C. 7311 and all other applicable Federal, State and local laws, codes, ordinances and regulations for the management and disposal of hazardous waste.

(2) Nothing contained in this special contract requirement shall relieve the Contractor from complying with applicable Federal, State, and local Laws, codes, ordinances, and regulations, including obtaining licenses and permits, giving notices and submitting reports, in connection with hazardous waste management and disposal in the performance of this contract. Nothing contained herein shall serve to alter either party's liability or responsibility under CERCLA.

(3) Materials contained in ship systems are not waste until after removal from the system.

(b) IDENTIFICATION OF HAZARDOUS WASTES

* of this contract identifies the types and amounts of hazardous wastes that are required to be removed by the Contractor, or that are expected to be generated, during the performance of work under this contract.

(c) GENERATOR IDENTIFICATION NUMBERS

(1) Documentation related to hazardous waste generated solely by the physical actions of ship's force or Navy employees on board the vessel shall only bear a generator identification number issued to the Navy pursuant to applicable law.

(2) Documentation related to hazardous waste generated solely by the physical actions of Contractor personnel shall only bear a generator identification number issued to the Contractor pursuant to applicable law. Regardless of the presence of other materials in or on the shipboard systems or structures which may have qualified a waste stream as hazardous, where the Contractor performs work on a system or structure using materials (whether or not the use of such materials was specified by the Navy) which by themselves would cause the waste from such work to be a hazardous waste, documentation related to such waste shall only bear a generator identification number issued to the Contractor.

(3) Documentation related to hazardous waste generated by the combined physical actions of Navy and Contractor personnel shall bear a generator identification number issued to the Contractor pursuant to applicable law and shall also cite in the remarks block a generator identification number issued to the Navy pursuant to applicable law.

(4) Notwithstanding paragraphs (c)(1) - (c)(3) above, hazardous wastes are considered to be co-generated in cases where: (a) the Contractor merely drains a system and such drainage creates hazardous waste or (b) the Contractor performs work on a system or structure using materials which by themselves would not cause the waste from such work to be hazardous waste but such work nonetheless creates a hazardous waste. Documentation related to such co-generated waste shall bear a generator identification number in accordance with the provisions of paragraph (c)(3) above.

(5) In the event of a failure by the parties to agree to the assignment of a generator identification number to any hazardous waste as set forth in paragraphs (c)(1) through (c)(4) above, the Government may direct which party or parties shall provide generator identification numbers for the waste and such number(s) shall be used on all required documentation. Any disagreement with this direction shall be a dispute within the meaning of clause of this contract entitled "DISPUTES" (FAR 52.233-1). However, the Contractor shall not stop any work but shall continue with performance of all work under this contract as specified in the "DISPUTES" clause.

(6) Hazardous Waste Manifests For wastes described in (c)(2), (c)(3), and (c)(4) above (and (c)(5) as applicable), the Contractor shall sign the generator certification on the Uniform Hazardous Waste Manifest whenever use of the Manifest is required for disposal. The Contractor shall obtain concurrence with the categorization of wastes under paragraphs (c)(3) and (c)(4) above before completion of the manifest. Manifests prepared pursuant to paragraph (c)(1) above shall be presented to the * for completion after the hazardous waste has been identified.

(7) For purposes of paragraphs (c)(2) and (3) herein, if the Contractor, while performing work at a Government facility, cannot obtain a separate generator identification number from the State in which the availability will be performed, the Contractor shall notify * within 3 business days of receipt of written notification by the State. After obtaining * approval, the Contractor shall use the Navy site generator identification number and insert in the remarks block the contractor generator identification number issued for the site where his main facilities are located. For purposes of paragraph (c)(1) herein, if the work is being performed at a contractor facility and the Government cannot obtain a separate generator identification number for the State, the Government shall use the Contractor site generator identification number and shall cite in the remarks block a Navy generator identification number. In both instances described above, the Contractor shall prepare the Uniform Hazardous Waste Manifest described in paragraph (c)(6) above and present it to * for completion.

*Information to be provided in each Delivery Order, as applicable.

5252.227-9113 GOVERNMENT-INDUSTRY DATA EXCHANGE PROGRAM (APR 2015)

(a) The Contractor shall participate in the appropriate interchange of the Government-Industry Data Exchange Program (GIDEP) in accordance with GIDEP PUBLICATION 1 dated April 2008. Data entered is retained by the program and provided to qualified participants. Compliance with this requirement shall not relieve the Contractor from complying with any other requirement of the contract.

(b) The Contractor agrees to insert paragraph (a) of this requirement in any subcontract hereunder exceeding $500,000.00. When so inserted, the word "Contractor" shall be changed to "Subcontractor".

(c) GIDEP materials, software and information are available without charge from:

5252.233-9103 DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT (APR 1999)

(a) For the purposes of this special contract requirement, the term "change" includes not only a change that is made pursuant to a written order designated as a "change order" but also (1) an engineering change proposed by the Government or by the Contractor and (2) any act or omission to act on the part of the Government in respect of which a request is made for equitable adjustment.

(b) Whenever the Contractor requests or proposes an equitable adjustment of $100,000 or more per vessel in respect to a change made pursuant to a written order designated as a "change order" or in respect to a proposed engineering change and whenever the Contractor requests an equitable adjustment in any amount in respect to any other act or omission to act on the part of the Government, the proposal supporting such request shall contain the following information for each individual item or element of the request:

(1) A description (i) of the work required by the contract before the change, which has been deleted by the change, and (ii) of the work deleted by the change which already has been completed. The description is to include a list of components, equipment, and other identifiable property involved. Also, the status of manufacture, procurement, or installation of such property is to be indicated. Separate description is to be furnished for design and production work. Items of raw material, purchased parts, components and other identifiable hardware, which are made excess by the change and which are not to be retained by the Contractor, are to be listed for later disposition;

(2) Description of work necessary to undo work already completed which has been deleted by the change;

(3) Description of work not required by the terms hereof before the change, which is substituted or added by the change. A list of components and equipment (not bulk materials or items) involved should be included. Separate descriptions are to be furnished for design work and production work;

(4) Description of interference and inefficiencies in performing the change;

(5) Description of each element of disruption and exactly how work has been, or will be disrupted:

(i) The calendar period of time during which disruption occurred, or will occur;

(ii) Area(s) aboard the vessel where disruption occurred, or will occur;

(iii) Trade(s) disrupted, with a breakdown of manhours for each trade;

(iv) Scheduling of trades before, during, and after period of disruption;

(v) Description of measures taken to lessen the disruptive effect of the change;

(6) Delay in delivery attributable solely to the change;

(7) Other work attributable to the change;

(8) Supplementing the foregoing, a narrative statement of the direct "causal" relationship between any alleged Government act or omission and the claimed consequences therefor, cross referenced to the detailed information provided as required above; and

(9) A statement setting forth a comparative enumeration of the amounts "budgeted" for the cost elements, including the material costs, labor hours and pertinent indirect costs, estimated by the Contractor in preparing its initial and ultimate proposal(s) for this contract, and the amounts claimed to have been incurred and/or projected to be incurred corresponding to each such "budgeted cost" elements.

(c) Each proposal in excess of $100,000 submitted in support of a claim for equitable adjustment under any requirement of this contract shall, in addition to the information required by paragraph (b) hereof, contain such information as the Contracting Officer may require with respect to each individual claim item.

(d) It is recognized that individual claims for equitable adjustment may not include all of the factors listed in paragraph (b) above. Accordingly, the Contractor is required to set forth in its proposal information only with respect to those factors which are comprehended in the individual claim for equitable adjustment. In any event, the information furnished hereunder shall be in sufficient detail to permit the Contracting Officer to cross-reference the claimed increased costs, or delay in delivery, or both, as appropriate, submitted pursuant to paragraph (c) of this requirement, with the information submitted pursuant to paragraph (b) hereof.

5252.243 9113 OTHER CHANGE PROPOSALS (CT) (JAN 1990)

(a) The Contracting Officer, in addition to proposing engineering changes pursuant to other requirements of this contract, and in addition to issuing changes pursuant to the clause of this contract entitled "CHANGES", may propose other changes within the general scope of this contract as set forth below. Within forty five (45) days from the date of receipt of any such proposed change, or within such further time as the Contracting Officer may allow, the Contractor shall submit the proposed scope of work, plans and sketches, and its estimate of: (A) the cost, (B) the weight and moment effect, (C) effect on delivery dates of the vessel(s), and (D) status of work on the vessels affected by the proposed change. The proposed scope of work and estimate of cost shall be in such form and supported by such reasonably detailed information as the Contracting Officer may require. Within sixty (60) days from the date of receipt of the Contractor's estimate, the Contractor agrees to either (A) enter into a supplemental agreement covering the estimate as submitted, or (B) if the estimate as submitted is not satisfactory to the Contracting Officer, enter into negotiations in good faith leading to the execution of a bilateral supplemental agreement. In either case, the supplemental agreement shall cover an equitable adjustment in the contract cost and fee including an equitable adjustment for the preparatory work set forth above, scope, and all other necessary equitable adjustments. The Contractor's estimate referred to in this subparagraph shall be a firm offer for sixty (60) days from and after the receipt thereof by the Contracting Officer having cognizance thereof, unless such period of time is extended by mutual consent.

(b) Pending execution of a bilateral agreement or the direction of the Contracting Officer pursuant to the "CHANGES" clause, the Contractor shall proceed diligently with contract performance without regard to the effect of any such proposed change.

(c) In the event that a change proposed by the Contracting Officer is not incorporated into the contract, the work done by the Contractor in preparing the estimate in accordance with subparagraph (a) above shall be treated as if ordered by the Contracting Officer under the "CHANGES" clause. The Contractor shall be entitled to an equitable adjustment in the contract cost and fee for the effort required under subparagraph (a), but the Contractor shall not be entitled to any adjustment in delivery date. Failure to agree to such equitable adjustment in the contract cost and fee shall be a dispute within the meaning of the clause of this contract entitled "DISPUTES" (FAR 52.233-1).

5252.245-9102 GOVERNMENT FACILITIES ON A RENT FREE NON INTERFERENCE BASIS (SEP 1990)

The price or estimated amount (including fee), as applicable, for the performance of this contract is predicated upon rent free use on a non interference basis of the facilities in the possession of the Contractor accountable under Contract * .

*To be specified in each Delivery Order, as applicable.

5252.245-9108 GOVERNMENT-FURNISHED PROPERTY (PERFORMANCE) (APR 2015)

The Government will provide only that property identified in an attachment to Section J notwithstanding any term or condition of this contract to the contrary. Upon Contractor's written request to the cognizant Technical Program Manager, via the cognizant Contract Administration Office, the Government will furnish the identified government property for use in the performance of this contract. *

*Information to be specified in each Delivery Order, as applicable.

9109 GOVERNMENT-FURNISHED PROPERTY (INCORPORATION) (APR 2015)

The Government will provide only that property identified in an attachment to Section J, notwithstanding any term or condition of this contract to the contrary. Upon Contractor's written request to the cognizant Technical Program Manager, via the cognizant Contract Administration Office, the Government will furnish the identified government property for incorporation in the equipment to be delivered under Item(s) * of this contract: *

*Information to be specified in each Delivery Order, as applicable.

252.228-7006 COMPLIANCE WITH SPANISH LAWS AND INSURANCE (DEC 1998)

(a) The requirements of this clause apply only if the Contractor is not a Spanish concern.

(b) The Contractor shall, without additional expense to the United States Government, comply with all applicable Spanish Government laws pertaining to sanitation, traffic, security, employment of labor, and all other laws relevant to the performance of this contract.