PWS for Re-procurement of MSC N7 Engineering Drawing Services DRAFT 7.24.2020.docx

Engineering Drawings Performance Work Statement (PWS)

Table of Contents

6.7 Other Personnel…………………………………………………………………………………14

7.6 Subcontractor Arrangements……………………………………………………………………15

8.13 Oversight……………………………………………………………………………………….19

8.14 Security Clearance…………………………………………………………………………………………………………………19

8.15 Authorized Personnel……………………………………………………………………………………………………………19

8.16 CAC……………………………………………………………………………………………………………………………………..19

9.0 List of Enclosures…………………………………………………………………………………………………………….. 20

1.0 Background

1.1. Military Sealift Command

Military Sealift Command (MSC) owns and operates approximately 125 ships, including steam turbine, gas turbine, and diesel engine propelled vessels. These vessels fulfill such varied missions as underway replenishment, oceanographic research, cable repair, and dry and refrigerated cargo support. The MSC N7 Division is responsible for aspects of ship maintenance, repair, alteration and material readiness for the MSC fleet. Throughout the period of performance of this contract, new ships will be introduced into the MSC fleet, ships will undergo life extensions, and ships will be retired from service life.

1.2 Contract

The purpose of this Indefinite-Delivery, Indefinite Quantity (IDIQ) contract is to develop a vehicle for procurement to provide new and revised engineering drawings for ships of the fleet. MSC requires contracted expert survey, drafting, and production drawing support to fulfill its commitments in a timely manner. These new and revised drawings, diagrams, and sketches are required to be drawn in an electronic format and plotted in full size and color. Drawing reproduction and conversion services are also required.

This contract will provide non-personal services to Military Sealift Command N7 Engineering Directorate to provide engineering analysis/calculations, ship checks, engineering system design, and professional AutoCAD drafting in order to develop and revise engineering drawings. The Contractor shall accurately prepare AutoCAD drawings for designated systems in accordance with the standard drawings provided as Government Furnished Information (GFI) and listed in Section 3.2 of this PWS. The Contractor may be required to perform surveys, ship checks, and analyze as built drawings, red line mark ups, work packages and other correspondence in order to develop or revise drawings for various engineering disciplines, including, but not limited to, marine engineering, mechanical engineering, electrical engineering, electronics engineering, and naval architecture. MSC manuals predominantly composed of drawings such as Engineering Operating Manuals and Damage Control Books shall be updated under this contract. The Government will not provide neither the tablets and associated software nor AutoCAD software for performance under task orders issued against the contract.

1.3 List of Acronyms and Abbreviations

2.0 Specific Tasks:

The Contractor shall create or revise engineering drawings to accurately reflect the ship’s system/equipment. All drawings shall be accurately prepared and submitted in accordance with the Government Furnished Information (GFI) references outlined in Paragraph 3.0 of the PWS.

Specific task descriptions, sufficient in detail to allow for contractor performance, shall be provided with each Task Order (TO) Performance Work Statement (PWS) under this contract. Some work may be quick turnaround emergent work. Some services may require short notice travel; other work may require a quick study or analysis.

2.1 Create New Engineering Drawings. The Contractor shall develop new engineering drawings as described in the Task Order (TO). The Contractor may be required to perform a ship check survey to develop sketches and notes for the new drawing as well as consult existing engineering drawings, technical data, work packages, technical manuals and other correspondence as required. The Contractor shall provide the Technical Point of Contact (TPOC) a complete copy of all ship check notes, sketches, photos, and draft drawings for quality assurance comparison of the final drawing. Ship check notes, sketches and draft drawings shall be made using tablet technology where applicable. Tablets should have the ability to electronically transfer these notes, sketches and draft drawings to the Government QA representative throughout the ship check allowing the opportunity for oversight.

2.2 Revise Existing Engineering Drawings. The Contractor shall revise engineering drawings as described in the TO. The TPOC will provide access to PDF, AutoCAD, or paper copy of the drawings to be revised as available. The Contractor may be required to perform a ship check survey to develop a mark-up of the original drawing, sketches, and notes as well as consult existing engineering drawings, technical data, work packages, technical manuals, and other correspondence as required. The Contractor shall provide the TPOC a complete copy of all ship check notes, sketches, mark-up drawings, photos, and draft drawings for quality assurance comparison of the final drawing.

2.2.1 Fault Current Analysis, Protective Device Coordination Study and Arc Flash Analysis, when tasked, shall be performed/developed in SKM Power Tools for Microsoft in accordance with G.F.I.

2.3 Drawing Conversions. The Contractor shall provide services for conversion of drawings from hard copy to electronic AutoCAD format and/or PDF format as required by the TO. Drawing conversion shall also include conversion from raster drawings to vector drawings as well as other document formats (for example PDF to Excel, PDF to Word). Specifically, the Contractor shall have the capability to electronically convert PDF drawings to AutoCAD or a hybrid of the two formats as required by the TO. The Contractor shall accurately produce, reproduce, or modify for production the drawings to scale.

2.4 Other Requirements:

2.4.1 Calculations. The contractor shall provide calculations for drawings requiring specific calculations. Calculations include but are not limited to: pressure drop, heat transfer, HVAC, structural, weight and moment, electrical load, voltage drop, and any other calculations determined by the TPOC and specified in the TO.

2.4.1.2 Calculations shall be in an editable format with all formulas depicted. Assumptions in calculations shall be explained and provided with details to the TPOC.

2.4.2 Ship Check Survey. The Contractor shall have the manpower capability to perform at least three (3) separate ship check surveys simultaneously, covering all the necessary technical areas of expertise. The Contractor shall ensure each discipline required by the TPOC or TO be available for ship checks. A different engineering discipline shall not conduct a shipcheck for the required engineering discipline (i.e. an electrical engineer shall not conduct piping system shipcheck for a mechanical engineer). Contractor travel for ship checks must be approved by Military Sealift Command’s TPOC. Approved Contractor travel will be paid in accordance with Paragraph 4.0 below.

2.4.2.1 Certain TO’s will require the contractor to work at MSC facilities and work in conjunction with the TPOC. The Contractor shall provide all necessary computers, accessories, and WIFI capability to perform in accordance with the PWS under each TO.

2.4.2.2 The Contractor shall be responsible for pick-up and delivery of documentation and technical references at MSC N7 offices at Camp Pendleton, Virginia Beach, VA and Naval Station Norfolk, VA at the Contractor’s expense.

2.4.2.3 Meetings shall be held in the Hampton Roads area at the Government’s facility located at Naval Station Norfolk, VA. Meetings may be held virtually at the discretion of the COR. The location and type of meeting are at the discretion of the MSC TPOC. Travel to and from meetings is at the Contractor’s expense. MSC estimates 8-10 meetings of this type will occur per Contract year without guarantee.

2.4.2.4 Regulatory Body Approvals. Drawings may require submission to the US Coast Guard (USCG) and American Bureau of Shipping (ABS) for acceptance and approval, as indicated by the TO. The TPOC will alert ABS that drawings will be submitted for approval, and the Contractor will submit the drawings directly to ABS. The Contractor is responsible for all corrections and revisions required to meet USCG and ABS final approval. The Contractor will not be responsible for the cost of the ABS review and approval process.

2.4.2.4.1 The Contractor shall maintain contact with ABS throughout the review process, and notify the TPOC of any potential delays. The Contractor shall make every effort to provide ABS approved final deliverables to the TPOC no later than the deliverable schedule indicated in the task order; however, the Contractor will not be held responsible for delays directly attributable to the ABS review and approval process.

2.4.2.4.2 The Contractor shall request and gain O2E access through the TPOC and utilize this for ABS submittals under MSC’s account.

2.4.2.5 The Contractor shall have an established Quality Control System (ISO 9001:2015 or newer) or demonstrate that they have had an independent audit that certified the Quality Control System is compliant with the ISO standard.

3.0 Government Furnished Information (GFI):

3.1 The MSC N7 TPOC or COR will provide drawings and technical manuals when available and as requested.

3.2 The MSC Technical Library will provide the following standard references after award in electronic format:

3.2.1 MSC Standard Drawing 803-7079667 (latest revision); Preparation of Selected Record Drawings (SRDs) for USNS Ships.

3.2.2 MSC Standard Drawing 803-7081122 (latest revision); Military Sealift Command General Technical Requirements (GTRs)

3.2.3 MSC Standard Drawing 803-7080803 (latest revision); Preparation of Computer Aided Design (CAD) Drawings for USNS Ships.

4.0 Travel

Any travel under this contract must be specifically requested in writing by the contractor(s) and approved by the KO or authorized representative, prior to incurring any travel expense. The contractor(s) shall submit the written request to the COR three (3) days in advance, when possible. The travel request shall include at a minimum, the following:

Order number Date, time, and place of proposed travel Purpose of travel and how it relates to the order Contractor’s estimated cost of travel with a breakdown of the estimated costs of transportation, lodging, meals, and incidentals.

Name(s) of individual(s) traveling.

Contractor(s) shall submit a firm-fixed-price for travel for the reasonable, allowable, and allocable cost of transportation, lodging, meals and incidental expenses only to the extent that they do not exceed on a daily basis the maximum per diem rate in effect at the time of travel as set forth in the DOD Joint Travel Regulations located at https://secureapp2.hqda.pentagon.mil/perdiem/. Airfare shall not exceed the lowest customary standard, coach, or equivalent airfare quoted during normal business hours. Actual cost does not include handling charges, general and administrative cost, overhead, profit or any other indirect cost.

Each task order that requires travel will include a firm-fixed-price limitation for travel costs. Contractor(s) shall not exceed or incur costs that exceed the amount of funding stated on the task order without prior authorization by the KO. The Government is not obligated to pay the contractor for travel in excess of the funded amount stated in the task or delivery order.

The Contractor is responsible for making all needed arrangements for its personnel. This includes, but is not limited to, the following:

· Medical Examinations

· Immunizations

· Passports, Visas, etc.

· Security Clearances

· Country Clearances

Note: Travel to the Philippines will require a “9A Special” visa.

5.0 Deliverables

5.1 Kick-Off Meeting

A contract kick-off meeting will be held shortly after award unless otherwise specified by the COR. The Contractor and the COR shall arrange a mutually agreeable time and place to meet for the purpose of discussing the requirements and details of the work.

The Contractor shall create a set of meeting minutes, to be signed by both the COR and the Contractor, reflecting all matters discussed during the kick-off meeting. Meeting minutes shall be provided to the COR within three (3) days after conclusion of the kick-off meeting.

Monthly Sync Meeting: A synchronization meeting will be held at a mutually agreed time reoccurring monthly via teleconference. An agenda shall be provided prior and meeting minutes shall be provide to the COR within three (3) days of the meeting.

5.2 Task Deliverables

A kick-off meeting may be required for certain TO/DOs as stated in the TO/DO or otherwise requested by the KO. The meeting may be held within three (3) business days after TO/DO award.

The Contractor shall contact the PPE, CHENG, COR, and KO and arrange a mutually agreeable time and place to meet (teleconference is acceptable) for the purpose of discussing the requirements and details of the work.

The Contractor shall create a set of meeting minutes, to be signed by both MSC and the contractor, reflecting all matters discussed during the kick-off meeting. Meeting minutes shall be provided to the PPE, CHENG, and KO within three (3) business days after conclusion of the kick-off meeting.

Deliverables and delivery schedules will be defined in each individual TO. Examples of deliverables include, but are not limited to, the following:

Ship Check Data: Hard copy (when applicable) and electronic copies of ship check survey notes, drawing mark-ups, draft drawings, photos, and sketches. All CD/DVD(s) shall be labeled, at a minimum, with the date of each TO, title of task, name of the N7 POC issuing the task, and list of documents on CD/DVD (include drawing numbers and technical manual numbers).

Drawings: Drawings shall be submitted in electronic format. Contractor shall provide one (1) copy in AutoCAD 2017 and one (1) copy in PDF (Version 6 or newer) on CD/DVD(s) at the end of each TO and via DoD SAFE as the individual drawing is completed. The drawing shall be submitted electronic format prior to USCG/ABS submission, if required. All CD/DVD(s) shall be labeled, at a minimum, with the date of each TO, title of task, name of the N7 POC issuing the task, and list of documents on CD/DVD (include drawing numbers and technical manual numbers).

Microsoft Excel: When required, Contractor shall develop and submit the Microsoft Excel file to the TPOC according to the delivery schedule indicated on the TO. The drawing shall be submitted electronic format prior to USCG/ABS submission, if required. Contractor shall provide one (1) copy in Microsoft Excel and one (1) in PDF (Version 6 or newer) on CD/DVD(s) at the end of each TO and via DoD SAFE as the individual drawing is completed. All CD/DVD(s) shall be labeled (at a minimum) with the date of each Task Order, Title of Task, name of the N7 person issuing the task, and list of documents on CD/DVD (include drawing numbers and technical manual numbers).

Regulatory Body Approval: The Contractor shall provide Regulatory body review and approval, as required. The Contractor shall provide one (1) AutoCAD copy, and one (1) PDF copy of each deliverable, including USCG and ABS stamp, as appropriate, or a letter certifying approval, if required, on CD/DVD. All CD/DVD(s) shall be labeled, at a minimum, with the date of each TO, title of task, name of the N7 POC issuing the task, and list of documents on CD/DVD (include drawing numbers and technical manual numbers).

5.3 Tasking Spreadsheet

The Contractor shall provide a task tracking spreadsheet in Excel 2016 format listing each TO and the associated deliverables. The spreadsheet shall be updated every two weeks and sent to the MSC COR and designated TPOC via e-mail. The task tracking spreadsheet shall also be updated upon completion of each task. The spreadsheet shall, at a minimum, list the date of each TO, the Period of Performance, the MSC N7 TPOC, a description of each TO, subcontractor(s) if applicable, the price of each CLIN, and the percentage of each requirement completed under each TO. It is the CORs responsibility to track capacity on each “D” contract CLIN to ensure the capacity is not exceeded.

6.0 Personnel Qualifications

6.1 Personnel Labor Categories

Personnel qualifications for each relevant labor category are set forth below. The Contractor agrees to assign to this contract the persons whose resumes are submitted with its proposal and who have been identified in the Contractor's proposal as key personnel. The Government reserves the right to confirm qualifications of service representatives on a TO/DO basis.

Program Manager (PM) (1)

· A minimum of 20 years of marine engineering experience

· Six years of experience in maritime project management or program planning

· Project Management Professional (PMP) certification

· An understanding of the MSC organization.

Senior Engineer (1)

· At least 15 years of marine engineering experience

· Six years of experience in the operation, maintenance, test and evaluation of naval or commercial ship systems or equipment, shore based systems, or equipment within a particular trade area (e.g., electrical, electronics, mechanical, structural weapons)

· Four years of specialized experience in the maintenance and repair of oceangoing vessels that demonstrates an ability to survey and inspect such vessels for the purpose of classification, appraisal, determination of equipment installed, and system engineering design

· An understanding of the MSC Organization

· Experience updating shipboard ABS approved Fire Control Plans and Damage Control Plans.

Discipline Engineers (3)

· Marine Engineer (1)

· Naval Architecture (1)

· Electrical Engineer (1)

· 12 years of marine engineering experience

· Six years of experience in the operation, maintenance, test and evaluation of naval or commercial ship systems or equipment, shore based systems, or equipment within a particular trade area (e.g., electrical, electronics, mechanical, structural weapons)

· Four years of specialized experience in the maintenance and repair of oceangoing vessels that demonstrates an ability to survey and inspect such vessels for the purposes of classification, appraisal, determination of equipment installed and system engineering design. Electrical Engineer shall demonstrate a working knowledge of SKM Power Tools.

6.2 Program Management Personnel

The contractor(s) shall designate an individual as the Program Manager (PM) with complete authority to decide all technical matters connected with this contract. The contractor shall advise the KO, in writing, which specific persons have the decision-making authority described herein.

6.3 Key Personnel

The positions identified below are key personnel positions under this Contract. The numbers of key personnel required to support the contract are to be determined by the Offerors to support the requirements of the contract and the task orders. The numbers noted below in parentheses ( ) are the minimum number of key personnel that must be proposed under the contract. No substitutions shall be made except in accordance with paragraphs below.

Key personnel shall be employed by the contractor and not be a subcontractor. In the event that key personnel are not performing IAW the PWS, the TPOC will notify the COR who, in turn, will notify the Contracting Officer. The Contracting Officer will coordinate directly with the Contractor.

6.4 Guidance on Substitutions

The Contractor(s) agrees that during the first ninety (90) days of the contract performance period for any task order, no key personnel substitutions will be permitted unless such substitutions are necessitated by an individual’s illness, death, or termination of employment. In any of these events, the contractor(s) shall promptly notify the KO and provide the information required below. After the initial ninety (90) day period, all substitution proposals must be submitted, in writing, at least fifteen (15) days in advance of the proposed substitution to the KO, and provide information required below.

6.5 Requests for Substitution

All requests for substitutions must provide detailed explanations of the circumstances necessitating the proposed substitutions, a complete resume for the proposed substitute and all additional documentation, and any other information requested by the KO needed to approve or disapprove the proposed substitution. All proposed substitutes must have qualifications that are at least the equivalent of the qualifications of the person to be replaced. The KO or authorized representative will evaluate such requests and promptly notify the contractor of approval or disapproval.

6.6 Personnel in Training Status

The Contractor is not to use apprentices to perform any of the required services unless the apprentice performs all work under the close supervision of a qualified service representative. Any work performed by an apprentice is to be minimized as the purpose of their presence onboard is for training. The contractor is responsible for all work performed by an apprentice. The full cost associated with trainee efforts shall be borne by the contractor and shall not be charged to this contract or TO/DO.

6.7 Other Personnel. The minimum qualifications for non-key personnel labor categories are as follows:

Designer. Minimum of ten years’ experience as designer in the preparation of construction and as built drawings. Certified AutoCAD 2004 Drafter III, equivalent or greater.

CAD Operator and Drafter and Jr. Designer. Four years’ experience as a technical drafter involved in the preparation of construction and as built drawings. Certified AutoCAD 2004 Drafter III, equivalent or greater. Drafter III qualifications require either AutoCAD or American Design Drafting Association (ADDA) Drafter certification.

Technical Editor. No specific requirements.

Administrative Support: No specific requirements.

7.0 Contract Information

7.1 Contract Type

This will be an IDIQ contract with firm-fixed-price TO/DOs. Under this type of contract, no work may be performed until directed by a TO/DO. Electronic mail and facsimile are acceptable forms of transmission for all TO/DOs, modifications, and correspondence issued under this contract. TO/DOs may be issued via written authorization through email; however, these orders will be followed up with a formal TO/DO within five (5) business days.

7.2 Place of Performance

Contractor is required to perform at the contractor’s facility, various locations worldwide as specified by the TO and onboard MSC vessels unless shop work is authorized, necessary, and/or required. Vessels will be either moored at a Government Facility, located in a Commercial Repair Facility, or underway. In most cases, the contractor will have to perform work aboard the vessel while the vessel is in a commercial repair facility. The work will be required to be performed in various CONUS and OCONUS locations. Typical places of performance include, but are not limited to the following: Boston MA; Philadelphia, PA; Norfolk, Virginia; Charleston, South Carolina; Seattle, Washington; Portland, Oregon; San Francisco, California; San Diego, California; Honolulu, Hawaii; Guam; Subic Bay, Philippines; Singapore; Yokosuka, Japan; Sasebo, Japan; Bahrain; Jebel-Ali, United Arab Emirates; Duqm, Oman; Naples, Italy; and Rejika, Croatia.

7.3 Period of Performance

The period of performance is a five (5) year ordering period.

7.4 Performance Standards

This is a Performance Based Contract in accordance with FAR 37.6. The PWS provides specific requirements to accomplish the work. Contractor(s) shall be evaluated on ability to provide quality deliverables in an efficient manner. The Government shall monitor the contractors’ performance under this contract using the Quality Assurance Surveillance Plan (QASP) developed by the Government (Attachment 1).

7.5 Authorized Changes Only by the Contracting Officer

Except as specified in paragraph below, no order, statement, or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicates with contractor(s) personnel during the performance of this contract shall constitute a change under the changes clause of this contract.

The contractor(s) shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the KO, or is pursuant to specific authority otherwise included as a part of this Contract.

The KO is the only person authorized to approve changes in any of the requirements of this Contract and notwithstanding provisions contained elsewhere in this Contract, said authority remains solely the KO’s. In the event the contractor(s) effects any change at the direction of any person other than the KO, the change will be considered to have been made without authority and no adjustment will be made in the Contract price to cover any increase incurred as a result thereof.

7.6 Subcontracting Arrangements - Contractor(s) shall identify any subcontracting arrangements in each Task Order quote. MSC reserves the right to approve or disapprove any potential subcontractor(s).

7.7 Designation of Contracting Officer’s Representative

The following individual is appointed as Contract Officer’s Representative under this Contract:

Name: TO BE PROVIDED AT AWARD Address:

Telephone Number:

The COR will represent the KO in the administration of technical details within the scope of this contract and will perform inspection and acceptance of all deliverables. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the KO or the Government. The COR does not have the authority to alter the contractor's obligations or change the specifications in the contract or issue Task Orders. If, as a result of technical discussions, it is desirable to alter contract obligations or performance work statements, a modification must be issued in writing and signed by the KO. The COR is responsible for reviewing the invoices submitted by the contractor(s) and informing the KO of areas where exceptions are to be taken. The COR authority is non-delegable. The COR may be personally liable for unauthorized acts.

The TPOC is not a representative of the Contracting Officer nor the COR. He/She is the technical expert for that individual task order. The TPOC will provide input and guidance to the contractor, COR and Contracting Officer on technical issues on an as needed basis. The TPOC may also be the COR.

7.8 Contractor Performance Appraisal Reporting System

Past performance information will be collected and maintained under this contract using the Department of Defense Contractor Performance Appraisal Reporting System (CPARS). CPARS is a web-enabled application that collects and manages the Contractor’s performance information on a given contract during a specific period of time. Additional information is available at http://www.cpars.navy.mil/.

The contractor will receive notification via email when a CPARS evaluation has been completed and is available for review and comment on any element of the proposed rating before that rating becomes final. Within 30 days after contract award, the contractor shall provide the name, title, e-mail address and telephone number of the company individual or individuals who will have the responsibility of reviewing and approving any CPARS evaluation developed under the contract to the CPARS focal point via e-mail (Valerie.watkins@navy.mil). If, during the life of this contract the company individual(s) are replaced, the substituted individual’s information (contractor, the name, title, e-mail address and telephone number) will be provided to the CPARS focal point within 30 days of the replacement.

Performance will be evaluated in the CPARS basis on an annual basis. This annual evaluation will take into account performance of all TO/DOs awarded under during the evaluation time period.

8.0 General Information

8.1 Holidays

The holidays applicable to this contract are as follows:

New Year’s Day -------------------------------------- 01 January Martin Luther King Day ----------------------------Third Monday in January President’s Day---------------------------------------Third Monday in February Memorial Day ----------------------------------------Last Monday in May Independence Day------------------------------------4 July Labor Day----------------------------------------------First Monday in September Columbus Day----------------------------------------Second Monday in October Veteran’s Day-----------------------------------------11 November Thanksgiving Day------------------------------------Fourth Thursday in November Christmas Day-----------------------------------------25 December

8.2 Ordering Procedures

After contract award, individual task orders will be issued in accordance with FAR 16.505 as necessary to support Contract requirements. The contractor(s) will be sent a Request for Quotes (RFQ) for services to be performed. Each RFQ will include a PWS and instructions for submitting quotes. In response to the PWS, the Contractor shall provide a firm fixed price to complete the requirements. This firm fixed price shall include all labor. The prices for labor shall be in accordance with the labor rates established in the Contract.

RFQ Response – Contractor(s) shall respond to each RFQ within the time established by the Government for response (response time may vary per order). The Government reserves the right to exclude quotes received after the closing date and time. In response to the RFQ, contractor(s) shall provide a firm-fixed-price quote to complete the requirements and provide any additional information as required by the RFQ instructions or respond with a statement regarding their decision not to quote.

RFQ Questions – During the RFQ time period, contractor(s) are encouraged to ask question in effort to clarify the requirement as needed. Reponses to questions will be sent to all contractors. The Government will respond to questions received prior to the closing date and time or extend the RFQ response time.

Electronic mail is acceptable form of transmission for all task orders, modifications, and correspondence issued under this contract. Orders may be issued orally by the Contracting Officer; however, orally issued orders will be followed up with a written order. The Contractor shall respond to each TO request for pricing within the time established by the Government for response (the response time will vary on a TO by TO basis, but will be typically five business days after receipt of the PWS) with pricing that identifies the number of labor hours, travel, and ODCs required to complete the requirements. MSC Contracting personnel will notify the Contractor of the acceptance/rejection of the estimate. The Contractor will be directed to commence work via a TO sent from the Contracting Officer or Contract Specialist. The Contractor shall provide notice of acceptance of the TO by commencing work.

Award and Notice – The contractor will be directed to commence work via a TO sent from the KO. The contractor shall provide notice of acceptance of the TO by either commencing work or signing the SF 1449 and returning it to the KO.

8.3 Standards of Workmanship

Unless otherwise specifically required for within this contract, the quality of all services provided shall conform to the highest standards in the relevant profession trade by fully qualified individuals in their field of endeavor including, but not limited to, ABS, IEEE, ASTM, ANSI, NFPA, National Electrical Safety Code (NESC), Occupational Safety Hazards (OSHA), UNITED STATES COAST GUARD (USCG) Navigation and Vessel Inspection Circulars (NVICs), as applicable. All services shall be rendered by individuals fully qualified in the relevant profession, trade, or field. The required obtainment and maintenance of any license required by law are also required by the terms of this contract. ONLY Qualified personnel, as defined in 29 CFR 1910.331(a), shall accomplish all services. The required obtainment and maintenance of any licenses required by law are also required by the terms of this contract.

8.4 Data Rights

All work performed by the contractor(s) under the Contract shall become the exclusive property of MSC in which the Government shall have unlimited rights. The contractor(s) shall not deliver or otherwise provide to the Government technical data or computer software, to include the deliverables under the Contract, with restrictions, including those as to use, modification, reproduction, and transfer, or with restrictive markings.

At any and all times, the contractor(s) agrees to promptly provide to the Government at no additional cost such documents, codes or other materials and information that are necessary to permit the Government's full enjoyment of its rights in the deliverables as described above.

8.5 Facility and Vessel Access

8.5.1 Facility Access

The contractor(s) are hereby advised that some MSC ship overhauls may take place at facilities where a visitor security clearance may be required. Therefore, the Government reserves the right to request any appropriate information concerning contractor personnel as necessary to provide security check and/or clearances to enter such facilities. All costs associated with facility access shall be for the contractor’s account.

8.5.2 New Technical Representative /Surveyor Vetting

All contractor personnel, including technical representatives and surveyors, requiring unescorted access to MSC vessels shall submit an email request to the COR at least four (4) business days prior to ship visit. The email shall meet the following requirements:

i. Subject line: FOUO - PRIVACY SENSITIVE - EPIC – COMPANY NAME – BI-ANNUAL SUBMISSION or FOUO-PRIVACY

ii. Email body to begin and end with the following: FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE. ANY MISUSE OR UNAUTHORIZED DISCLOSURE MAY RESULT IN BOTH CIVIL AND CRIMINAL PENALTIES

iii. Email body shall include: Name of personnel requesting access, company, address, and telephone number

iv. Attachment: Complete and password protected MSC/EPIC FORCE PROTECTION SUBMISSION TEMPLATE Microsoft Excel File. contractor shall contact to be completed at award.

The COR will notify the contractor of any anomalous screening results requiring further action or investigation.

8.5.3 Semiannual Technical Representative /Surveyor Vetting

The contractor(s) shall semi-annually submit MSC/EPIC FORCE PROTECTION SUBMISSION TEMPLATE with the information of all personnel attending MSC vessels for screening by the El Paso Intelligence Center (EPIC). Template shall be submitted electronically to N7EPIC@navy.mil.

8.6 Licenses, Permits, and Precautions

The Contractor shall, at the Contractor’s expense, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable laws, codes, and regulations, in connection with the performance of work. Further, the Contractor is responsible to ensure that proper safety and health precautions are taken to protect the work, the workers, the public, and the property of others.

8.7 Navy Ombudsman

The Navy Ombudsman is available to assist in the resolution of contractor complaints arising with respect to the issuance of any Task Order under this contract. Ombudsman assistance is optional. In accordance with FAR 16.505(a)(10)(i)(A) and FAR 16.505(a)(10)(i)(B), no protest under subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order contract or delivery-order contract, except a protest on the grounds that the order increases the scope, period, or maximum value of the contract, or a protest of an order valued in excess of $25 million.

The contractor is encouraged to first seek resolution of its complaint with the KO. If that effort fails or if the contractor elects to forgo that approach, the contractor must submit its complaint to the Ombudsman no later than 10 days after the task order award decision has been issued by the KO. Complaints submitted after that cate are untimely and considered waived.

The Navy Ombudsman for this contract is:

By submission of a complaint, the contractor authorized the Ombudsman to disclose any information submitted to the Ombudsman, that, in the judgement of the Ombudsman, must be disclosed within the Government to the extent deemed necessary by the Ombudsman to facilitate understanding of the issue or issues. The contractor understands the Ombudsman, shall disclose any information submitted to the Ombudsman that, in the judgment of the Ombudsman, must be disclosed to prevent or investigate fraud, waste, abuse, criminal activity or imminent physical harm.

In accordance with FAR 16.505(a)(10)(ii), protest of task or delivery orders valued in excess of $25 million may only be filed with the Government Accountability Office (GAO), in accordance with the procedures at FAR 33.104. Seeking Ombudsman assistance does not extend the time for filing a timely protest with the GAO.

8.8 Other Pertinent Information, Guidelines, and Assumptions:

Identification of Non-Disclosure Requirements: The Contractor shall work with business sensitive information in the performance of this PWS. No sensitive or proprietary information of, or in the possession of the Military Sealift Command or any of its operating units, will be disclosed without the written consent of the Contracting Officer. A non-disclosure agreement concerning information gained or used during the performance of this contract must be signed prior to the start of performance under this contract. The agreement must be signed by all key personnel and any other personnel who may have access to sensitive business information. This also includes any subcontractor personnel who may have access to sensitive information. The required non-disclosure agreement is included as Attachment VI.

8.8 Security Requirements:

8.8.1 The Contractor shall comply with all applicable public laws, government regulations, and command procedures regarding privacy.

8.8.2 All personnel performing work under this Contract shall be United States citizens and able to maintain a SECRET clearance.

8.8.3 All personnel working on any TO shall maintain and have a Common Access Card (CAC).

8.9 Contractor Identification:

8.9.1 Contractor employees must be clearly identifiable while on Government property by wearing appropriate badges.

8.9.2 Contractor personnel and their subcontractors must identify themselves as Contractors or subcontractors during meetings, telephone conversations, in electronic messages, or correspondence related to this Contract.

8.9.3 Contractor-occupied facilities (on Department of the Navy or other Government installations) such as offices, separate rooms, or cubicles must be clearly identified with Contractor supplied signs, name plates or other identification, showing that these are work areas for Contractor or subcontractor personnel.

8.10 Business Systems Access:

8.10.1 All key personnel shall obtain and maintain access to SAMM in order to access the VTL. This is a CAC-enabled system. Contractor shall obtain a CAC reader. The Government will not provide the CAC reader.

8.11 Safety:

The contractor is solely responsible for compliance of all safety regulations of employees while working on government owned facilities. All accidents which may arise out of, or in connection with, performance of services required hereunder which result in injury, death, or property damage, shall be reported in writing to the Contracting Officer and cognizant Contracting Officer Representative (COR) within twenty-four hours of such occurrence. Reports shall provide full details of the accident, including statements from witnesses. The foregoing procedures shall also apply to any claim made by a third party against the contractor as a result of any accident that occurs in connection with performance under this contract.

8.12 Non-Personal Service Statement: Contractor employees performing services under this order shall be supervised at all times by management personnel of the contractor. Contractor management shall ensure that employees properly comply with the performance work standards outlined in the statement of work. Contractor employees will perform their duties independent of, and without the supervision of, any Government official or other Defense Contractor. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation. The Government shall control access to the facility and shall perform the inspection and acceptance of the completed work.

8.13 Government Management Oversight: Government management shall provide general instructions on limitations and deadlines. Additional instructions will be provided for any unusual assignments or those that vary from established procedures. The contractor’s employees will independently carry out the assignments. Completed work will spot-checked by Government management for adherence to procedures, accuracy, completeness.

8.14 SECURITY CLEARANCE:

Contractor personnel performing work under this contract require access to information that may be deemed classified up to SECRET. Those personnel requiring access to classified information shall maintain a clearance based upon at a minimum a favorably adjudicated National Agency Check with Law and Credit (NACLC) and access granted up to SECRET.

8.15 Common Access Cards (CAC). To support access to the government computers and systems, authorized personnel shall obtain a CAC. CACs are to be issued only through the auspices of the Trusted Agent to U.S. Citizens, U.S. Permanent Resident Aliens or such other individuals as may be authorized by Commander Military Sealift Command (COMSC). To be eligible for a CAC, contractor personnel shall comply with Homeland Security Presidential Directive 12 (HSPD-12) requiring the completion of an FBI fingerprint check with favorable results and the initiation of a National Agency Check with Written Inquiries (NACI). An individual who maintains a current equivalent or higher investigation shall not require an additional NACI. As required for access to the government computers and systems, the NACLC suffices. The Contractor shall ensure that all its personnel performing under the contract obtain a CAC. The CAC shall not be used for any unauthorized purpose. Fees associated with obtaining CACs are for the Contractor's account.

TRACKING AND DISPOSITION. The Contractor shall immediately inform the Contracting Officer in writing if a contractor employee is given an adjudication of "Access Suspended", "Interim Declination", "Loss of Jurisdiction", "No Determination Made", or has their clearance eligibility otherwise withdrawn, denied, or revoked. The Contractor shall be responsible for the control of CACs issued to its personnel under MSC contract. In order to ensure positive control of CACs, the Contractor shall surrender to the Trusted Agent all CACs issued in the performance of this contract upon: 1) Termination of the contract; 2) if a contractor employee will no longer be performing work under this contract, or 3) as directed by the issuing authority, the Trusted Agent, or the Contracting Officer.

CAC REPORTING. A report shall be made to the Contracting Officer within 24 hours of discovering any CAC is lost, stolen, or destroyed. The Contracting Officer will then generate a report to 1) the Trusted Agent for cancellation of the card, 2) to the local U.S. Military Security Office, and 3) to the appropriate MSC Squadron Commander.