Solicitation - N6264925RLA03 USNS TIPP VR.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

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 conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A

B

C

D

E

F

G

H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different 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 set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

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 OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

1 48

N0003325PR05904

N62649

NAVSUP FLT LOG CTR YOKOSUKA

PSC 473 BOX 11

FPO AP 96349-1500

FPO AP 96349-1500

United States

N6264925RLA03

12:00 PM Non-US

LARISSA ORTMANN

4-6 9-13 14-18 36

33-35

19-30

8/29/2025

315 4212272

Larissa A. Ortmann

Net via email

8/15/2025

Section A - Solicitation/Contract Form

USNS TIPPECANOE (T-AO 199) VRA

Section A - Solicitation/Contract Form

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1. USNS TIPPECANOE (T-AO 199): NA VSUP Fleet Logistics Center Yokosuka (NA VSUP FLCY), Site Singapore has a new requirement in support of the USNS TIPPECANOE (T-AO 199). The repair and maintenance package of work items are included as Attachment J-1.

2. PERIOD OF PERFORMANCE: 15 September - 29 September 2025

3. PLACE OF PERFORMANCE: Subic Bay, Philippines

4. OFFER: Offerors must provide all information required by this solicitation no later than 18 August 2025 at 12:00pm Singapore Standard Time

(SST).

5. WORK ITEM INFORMATION:

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

b. References in the Work Items will be provided to offerors via DoD safe (a web-based tool that provides users the capability to securely send and receive large files, including files that are too large to be transmitted via email.) Please email request for references to: Larissa.a.ortmann.civ@us.navy.mil

N6264925RLA03

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service

Complete the Voyage Repair Availability (VRA) of the USNS TIPPECANOE (T-AO 199) to include all items described in accordance with Military Sealift Command (MSC) specification, SSU SN 25-036 under Attachment J-1. This is a total of sub-line items as described in Contractor Price Breakdown sheet, Attachment J-2.

All prices shall be in NET US Dollars inclusive of all applicable charges.

Pricing Arrangement: Firm Fixed Price PR Number: NOPR PR Line Item Number: 0001

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Quantity Unit Unit Price Amount

1 Job

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Section C - Description/Specifications/Statement of Work

Section C - Descriptions and Specifications

C-1 GENERAL

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

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

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

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

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

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

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

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

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

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

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

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

C-2 TESTING AND QUALITY CONTROL

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

A. Nonconforming Material

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

B. Subcontractor Control and Evaluation

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

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

C. Calibration

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

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

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

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

C-3 MANAGEMENT/STAFFING PLAN

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

C-4 GENERAL TECHNICAL REQUIREMENTS

The following CO MSC Instruction is hereby incorporated into this Contract by reference: CO MSC Instruction 4 700.16 Series, "General Technical Requirements." Copies of this instruction are available at http://www.msc.navy.mil/instructions/pdf/m470016.pdf

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Requirements Complete the Voyage Repair Availability (VRA) of the USNS TIPPECANOE (T-AO 199) as described in accordance with Military Sealift Command (MSC) specification, SSU SN 25-036.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Origin Government

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Section F - Deliveries or Performance

CLAUSES INCORPORATED BY REFERENCE

52.242-15 Stop-Work Order AUG 1989 52.247-29 F.O.B. Origin FEB 2006

Government Origin (Shipping Point)

Line Item Delivery Schedule

Delivery Period From 15 Sep 2025 to 29 Sep 2025

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Quantity Address and POC

1 Job Ship To DoDAAC: N00033

MILITARY SEALIFT COMMAND-WCF

MILITARY SEALIFT COMMAND - NWCF

471 EAST C STREET SP-64

NORFOLK VA USA

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Section G - Contract Administration Data

Section G

G-1.0 Designated Invoice Office

The Contractor shall submit its invoice, as described in "Invoice Information" below, and Material Inspection and Completion Report as part of submission of payment request made using Wide Area Work Flow (WA WF).

In addition, Contractor shall submit its invoice and documents via email to the following:

Mr. Douglas Cabacungan - douglas.a.cabacungan.civ@us.navy.mil

Mr. Richard Garrison - richard.garrison26.civ@us.navy.mil

MSCFE-Singapore-N8@us.navy.mil

Invoice Information

.Pursuant to the requirements of FAR 52.232-25 Prompt Payment (JAN 2017), a proper invoice must include the following information:

(a) Name and address of the Contractor;

(b) Invoice date;

( c) Invoice number;

(d) Contract number or other authorization for supplies delivered or services performed (including order number, contract line item number (CUN) and, if applicable, the contract subline item number (SUN);

( e) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed;

(t) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms) and the accounting classification reference number (ACRN) as identified on the financial accounting data sheets. The bill of lading number and weight of shipment will be shown for shipments on Government bills of lading;

(g) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment);

(h) Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice; and

(i) Any other information or documentation required by other requirements of the contract (such as evidence of shipment).

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G-2.0 Designated Payment Offices: Payment will be made by the following office or as otherwise specified in the contract at each Site.

Singapore

Navy Region Center Singapore, Disbursing Office

Building 7-4, PSA Sembawang Terminal, Deptford Road, Singapore 759657

G-3.0 EFT Enrollment Payment (FAR 52.232-33):

In the event the Government is unable to release one or more payments by Electronic Funds Transfer (EFT) - Systems for Award Management (refer to FAR 52.232-33), a check will be forwarded to the following address:

Name of Bank: ____________________ _

Address:

Account Number: ---------------------

(Contractor must complete the above information)

Singapore

.When applicable, the contractor must agree to receive payment by Check. Contracts with local companies are in Singapore Dollars unless otherwise specified. All other foreign countries through EFT are paid in U.S. Dollars. Contractors are responsible for any transaction fees.

G-4.0 EFT Enrollment Payment (FAR 52.232-34):

In the event the Government is unable to release one or more payments by Electronic Funds Transfer (EFT) - Other than System for Award Management (refer to FAR 52.232-34), Contractor must submit Attachment (4) for the payment in Japanese Yen (JPY) and Attachment ( 5) for the payment in Korean Won (KR W) to the designated contracting offices.

G-5.0 Payment Method:

(a) Payment will be made by Wide Area W orkFlow (WA WF).

(b) If payment by WA WF applies, payment shall be made in accordance with DF ARS 252.232-7006 Wide

Area Work Flow Payment Instructions, PGI 232.70 Electronic Submission and Processing of Payment

Requests and Receiving Reports, and https://piee.eb.mil

AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

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

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

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements ofthis contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is: NAVSUP FLCY Contracting Officer

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(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 (WA WF).

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

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WA WF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DF ARS) 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.sam.gov; and

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

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

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

(f) WA WF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WA WF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items--

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(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Combo

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2inl, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

NIA

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WA WF "combo" document type to create some combinations of invoice and receiving report in one step.]

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

Routing Data Table*

Field Name in WAWF Data to be entered in WA WF

Pay Official DoDAAC N68732

Issue By DoDAAC N62649

Admin DoDAAC** N62649

Inspect By DoDAAC NIA

Ship To Code N62387

Ship From Code NIA

Mark For Code NIA

Service Approver (DoDAAC) N62387

Service Acceptor (DoDAAC) N62387

Accept at Other DoDAAC NIA

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LPO DoDAAC N62387

DCAA Auditor DoDAAC NIA

Other DoDAAC(s) NIA

( 4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract fmancing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

( 5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DF ARS Appendix F.

(g) WA WF point of contact.

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

Larissa Ortmann, email: larissa.a.ortmann.civ@us.navy.mil

(2) Contact the WA WF helpdesk at 866-618-5988, if assistance is needed. (End of clause)

DFARS Clauses Incorporated by Reference

Number Title

252.217-7007 Payments.

252.21 7-7008 Bonds.

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

252.232-7008 Assignment of Claims (Overseas).

Effective

Date

Dec 1991 Dec 1991 Dec 2018 Jun 1997

Alternate/

Deviation

Variation

Effective

Date

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Section H - Special Contract Requirements

Section H

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

The Contractor shall fully comply with 29 Code of Federal Regulations Part 1915, Occupational and Health Standards for Shipyard Employment (29 CFR 1915), as it is effective at the date of contract award, while performing any contract that is awarded from this solicitation. The provisions of29 CFR 1915 shall apply to the same extent as if the ship repairing, shipbuilding, and shipbreaking employments and related employments to be performed under the contract are wholly accomplished on the navigable waters of the United States. The Contractor shall comply with applicable provisions of the laws and regulations where the ship repairing, shipbuilding, and shipbreaking employment and related employments are performed in addition to complying with the corresponding provisions of29 CFR 1915 in instances in which those laws and regulations require compliance with more stringent safety standards.

The Contractor shall promptly notify the contracting officer if it becomes aware of any law or regulation that is applicable where the ship repairing, shipbuilding, and shipbreaking employment and related employments are performed that precludes compliance with any provision of29 CFR 1915.

H-2.0 EXTENSION OF COMMERCIAL WARRANTY (NA VSEA) (NOV 1996)

The Contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale, provided that such warranty is available at no additional cost to the Government. The Contractor shall provide a copy of the standard commercial warranty with the item. The standard commercial warranty period shall begin upon the final acceptance of the applicable material or software. Acceptance of the standard commercial warranty does not waive the Government's rights under the "Inspection" clause, nor does it limit the Government's rights with regard to other terms and conditions of the contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty.

H-3.0 CONTROL OF UNCLASSIFIED INFORMATION (SRF-JRMC Requirements Only)

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 SRF-JRMC employees, other Department of Defense (DoD) employees or U.S. DoD Contractors requiring the data for accomplishment of an SRF-JRMC 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 SRF- JRMC or Commander U.S. Naval Forces Japan (COMNA VFORJAPAN) Public Affairs Officer (PAO). The Contractor shall notify SRF-JRMC Code 700 (Code 950 in Sasebo) and request written permission to release CUI outside ofSRF JRMC, DoD Activities or U.S. DoD Contractors that are not involved in the SRF-JRMC business process if the Contractor believes that the release is required to support a SRF-JRMC business or Public Affairs requirement.

H-4.0 Lay Down Space

The Contractor may request the lay down space adjacent to the ship yard in * (location and name of the base) Upon the receipt of approval by the Government, the Contractor may obtain the applicable lay down space. The Contractor shall be responsible for all the cost, but not limited to, for maintaining the facility, utility, safety, and security.

(*) To be determined at the time of contract.

H-5.0 Applicable to Contracts Performed in Japan: HISTORIC AND CULTURAL RESOURCES

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

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

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

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

If the items need to be temporarily removed, carefully protect them from disturbance, including weather conditions, unforeseen traffic, and pilfering. The PWD Environmental Cultural Resources Manager Environmental Branch Cultural Resources Manager through the Contracting Officer will provide further direction/guidance on how to protect the items. The Government retains ownership and control over historical and archaeological resources.

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

JAPANESE CONCILIATION PROCEDURES

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

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

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

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

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

(f) No request for conciliation can be submitted to the Joint Committee in the case ofa dispute upon which the final decision of the appropriate authority under the clause of this contract entitled Disputes has been rendered. Pending the hearing of conciliation panel the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision.

The provisions of this clause shall not prejudice any right which the parties to the contract may have to file a civil suit.

CONSUMPTION TAX

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

Government (USG) proof of purchase forms shall be used to claim the exemption at tax offices:

USG Standard Form 1034

USG Standard Form 1113

USG Standard Form 44

Department of Defense Form 1155

Navy Comptroller Form 2277

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

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

CUSTOMS AND TAX EXEMPTION

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

(1) Name of contractor;

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

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

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

(5) Period of taxable material use.

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

H-6.0 Applicable to Contracts Performed in Korea: EXEMPTION FROM KOREAN TAXES FOR

SPECIAL EXCISE TAXED ITEMS USED ON THIS CONTRACT

This clause is in implementation of Article XVI of the status of Forces agreement between the Republic of Korea and the United States of America granting contractors exemption from Republic of Korea Special Excise Taxes. At the time this contract is awarded the Contractor will indicate to the Contracting Officer, which items he will purchase for the contract are subject to special excise tax. He

Page 17 of48 will indicate the name of the item, the number of Units to be purchased the cost per unit without tax, the percentage of tax, the tax amount per unit, the total tax, and the manufacturer of the item. The Contracting Officer will verify the reasonableness of the quantities claimed. The Contractor will purchase the special excised taxed items from the Item manufacturer tax inclusive. For construction and single delivery type supply and services contracts he will employ the following procedure: At the time he purchases the items he will present the manufacturer with a notification letter requesting refund of the special excise tax. (Copies ofthis letter can be obtained from the COMFLEACT Chinhae Contracting Officer).

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

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

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

H-7.0 PREVENTION OF THE DISCHARGE OF OIL AND HAZARDOUS SUBSTANCES

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

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

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

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

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

H-8.0 EMPLOYMENT OF NA VY PERSONNEL RESTRICTED

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

H-9.0 ASBESTOS REMOVAL REQUIREMENTS

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

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

( c) The latest change to the Federal, State and Local Regulations in effect at the time of issuance of the contract shall govern.

Compliance with these regulations is mandatory and is necessary to protect the employees of the contractor and Naval personnel from exposure to asbestos fibers in excess of the Occupational Safety and Health Administration (OSHA) Action level airborne concentration (currently 0.1 fibers per cubic centimeter (flee) of air).

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

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

(f) In all respects, the performance of air sampling and analysis shall be performed in accordance with the OSHA Reference Method (Appendix A of29 CFR 1910.1001), with the following additional specifications:

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

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

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

( 4) Laboratory analysis of samples shall be performed by a participant in the American Industrial Hygiene Association (AIHA) Proficiency in Analytical Testing (PAT) Program rated proficient for asbestos and air.

(g) Personal sampling shall be conducted using breathing zone air samples, which are representative of the 8-hour Time-Weighted Average (TWA) exposure of each individual. Samples shall be collected and analyzed using the OSHA Reference Method contained in either 29 CFR 1910.1001 (as amended) or 29 CFR 1926.58 (as amended).

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

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

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

Page 19 of48

FEB 1997

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.246-25 Limitation of Liability -- Services

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned AUG 2024

Aircraft System (DEVIATION 2024-00014)

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned AUG 2024

Aircraft System - Representation (DEVIATION 2024 - 00014)

252.225-7976 (Dev) Contractor Personnel Performing in Japan (DEVIATION 2018- AUG 2018

00019)

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems.

Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

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(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.243-7 Notification of Changes.

(a) Definitions. "Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.

"Specifically Authorized Representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this paragraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within ___ (to be negotiated) calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state-

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

( 4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including

(i) What line items have been or may be affected by the…