Amendment_0003.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

SPECIAL NOTES

STATEMENT OF WORK AND SPECIFICATIONS

Scope

Defense Logistics Agency (DLA) Maritime Norfolk is seeking to establish a Fixed Price with Economic Price Adjustment (EPA), Long Term, Requirements contract to provide direct delivery of marine paint approved for Navy shipboard use, delivered Just-In-Time (JIT).

The Government reserves the right to add marine coatings approved for Navy Shipboard use in the future if determined to be in the Government's best interest. Items added are subject to Competition in Contracting Act (CICA) requirements and these will only be applied if they are within the scope of the contract. Should the Government be unable to determine pricing for a coating fair and reasonable, the Government reserves the right to procure outside of the JIT Marine Coatings Contract.

Background / Intent

This procurement will utilize the Direct Vendor Delivery (DVD) program to improve supply system service to the customers while reducing the cost of supply system operations. DVD contracts improve materiel availability, decrease backorders and speed up the purchasing process, as compared to traditional stock contracts.

The required delivery date (RDD) for the marine coatings is no later than 72 hours after a “release order” is placed. In the JIT delivery process, the four (4) Naval Shipyards, Norfolk Naval Shipyard (NNSY), Pearl Harbor Naval Shipyard (PHNSY), Portsmouth Naval Shipyard (PNSY) and Puget Sound Naval Shipyard (PSNSY), develop forecasts of the marine coatings needed and communicate these requirements to the contractor through delivery orders issued at least quarterly.

This improved logistics support will take place by seeking innovative, state of the art private sector companies who focus on customer satisfaction as their primary measurement of success. DLA Maritime Norfolk is seeking to improve the availability, quality and delivery times of commercially available commodities to our customers. The ultimate effect is to support our customers more efficiently while saving taxpayer dollars by reducing the supply system infrastructure.

Applicable Documents

The latest revisions of the enclosed documents form a part of the resultant, including modifications or exclusions, to the extent specified herein and must be obtained by the Contractor.

Period of Performance

The Government anticipates the period of performance for the base period will be for 12 months beginning 30 days after contract with four 12 month option periods.

Forecasts

Delivery orders providing the forecasted demand per quarter are strictly forecasts. In the event the forecasted demand is not purchased in full by the end of the year, the Government is not required to purchase the remaining balance. It is the Contractor's responsibility to exercise efficient inventory management in order to support the just in time delivery requirements. See reference FAR 252.216-7010 REQUIREMENTS--BASIC (APR 2014).

MATERIAL REQUIREMENTS

Product Performance Requirements

Products furnished under this contract shall comply with all contract Military Specification (MIL-Spec) and specification requirements. The Government’s technical data requirements consist of the following:

a) Safety Data Sheets (SDS), Form OSHA-20 FED-STD-313

b) ASTM F 718 data sheet of record, reviewed by Naval Sea Systems Command (NAVSEA) 05M

c) Manufacturer Product Data Sheets

d) Certification that the offeror is or is not the actual manufacturer of the item(s) covered by this solicitation. For offerors who are not the manufacturers of proposed products, the following information is to be provided:

a. Actual Manufacturer(s) Identification [if more than one, identify all]: Name and Address, Actual Manufacturer’s Part Number or other identification.

b. Support effort performed by the respondent in addition to purchasing the item(s) for resale to the Government:

· Testing/Quality Assurance: Yes/No

· Preservation, Packaging, and Packing: Yes/No

· Bar Coding Yes/No

· Other _____________________________________________

e) Certification of NAVSEA approval Color

All colors under this contract shall match a color standard under FED-STD-595C; except R0 color paints. Colors not specified per FED-STD-595C shall match to a military specification (MIL-SPEC) or standard agreed upon by the Government and the Contractor. The Contractor shall furnish any color and gloss specified in the applicable Military Specification (MIL-SPEC), NSTM Chapter 631, SMS 6310-081-015, and NAVSEA Standard Item 009-32. All items under this contract shall be uniformly proposed based on volume (i.e. regardless of container size or color).

Solvents

The Contractor shall provide manufacturer recommended compatible solvents for thinning (as allowed), and / or cleaning purposes for all proprietary products under this contract.

Shelf Life

All products furnished under this contract shall have not less than 50 percent (50%) of shelf‑life remaining at the time of delivery of product on activity based on the manufacturer’s product expiration date in accordance with DOD 4140.27 for Type II material. Any delivery from the Contractor not having at least 50 percent (50%) shelf-life remaining shall normally be considered non-conforming. Shelf-life material received without the required shelf-life markings is unacceptable.

NESHAP Requirements

All materials provided shall comply with EPA NESHAP, 40 CFR Part 63 – Table 2 of Subpart II, Volatile Organic Hazardous Air Pollutants (VOHAP) Limits for Marine Coatings, and shall be shipped to the Government per Section D. Conformance to a Military Specification (MIL-Spec) is acceptable as long as it relates to a specific NESHAP Category.

For each proposed product, the contractor shall provide a Statement of Volatiles Organic Compounds (VOC) Certificate of Conformance, as follows:

“For [named] product, respondent affirms the establishment of sound and consistent quality control procedures in batch formulation and manufacturing processes, which prevent significant batch to batch variation in product VOC content. The product VOC value presented in this paragraph has a consistent and quantitatively known relationship to the EPA Method 24 result that would be obtained by testing a sample from any quality control approved production batch of this product. Based on the quality control procedures affirmed above, respondent certifies that any batch of this product, if tested by analytical test Method 24 of Appendix A of 40 CFR Part 60, will not exceed a VOC content of [product VOC value] grams/liter - when used in accordance with manufacturer instructions.”

In the event, customer orders a multi-component product, VOC Certificate of Conformance shall include batch numbers for all components.

Target Chemical Minimization. For each proposed product, the contractor shall provide Percentage (by weight) of the following target chemicals present:

a. Benzene, Beryllium and Beryllium Compounds, Cadmium and Cadmium Compounds, Carbon Tetrachloride, Chromium and Chromium Compounds, Ethylene Glycol, Lead and Lead Compounds, Mercury and Mercury Compounds, Methyl Chloroform (1,1,1-Trichloroethane), N-Butyl Alcohol, Methyl Ethyl Ketone, Methylene Chloride (Dichloromethane), Toluene, Trichlorotrifluoroethane (CFC-113), Xylene, Zinc Chromate.

b. Provide a narrative description of how the overall suite of products proposed supports the general objective of minimizing the overall usage of NAVSEA targeted chemicals, as described in a letter from the Naval Sea Systems Command (NAVSEA), dated 26 November 2008, tasking all Naval Shipyards to reduce or eliminate the use of all chemicals listed in section 1.3(a) above.

Product Exceptions

The Contractor shall state any exceptions to the Government’s requirements by citing the requirement and explaining precisely how the proposed item differs from the requirement described by the specifications in the solicitation.

SERVICE REQUIRMENTS

JIT Process Overview

In the JIT delivery process, the Shipyard develops forecasts of its Maritime Coatings needs and communicates these requirements to the contractor through delivery orders issued at least quarterly. The contractor shall manufacture and store coatings to meet the Shipyards’ needs indicated in these forecasts. Once manufactured coatings have been shipped to the contractor’s storage facility, the contractor shall provide samples of production batches to the Shipyard for testing prior to delivery. Once a batch is tested and shown to be in compliance, the supplier is expected to store product in such a manner as to be able to deliver “release orders” against these quantities within 72 hours, although an expedited time of 24 hours may be required. The Navy must have access to inspect the supplier warehouse at any time to ensure storage conditions do not compromise the integrity of the material.

Ordering Requirements

The Government shall provide the contractor demand forecast delivery order data, including CLIN/SubCLIN, Local Stock Number (LSN) and quantity (QTY), prior to the start of the delivery order period. For subsequent delivery orders, the contractor may be required to provide delivery data on each Shipyard location to assist each Shipyard in developing more accurate forecasts.

The primary method for placing orders under this contract is via standard delivery order award procedures for the purpose of facilitating efficient order processing. The Government retains the right to place orders other than standard delivery orders (i.e. electronically, in person, orally by phone, facsimile, etc.). All orders shall cite the appropriate CLIN and unit price as listed in the contract award. Designated Contracting Officers may enter into mutual, no-cost cancellations of individual orders under this contract and may reduce the quantity, or authorize a partial shipment of items. Designated Contracting Officers may also increase the quantity of the delivery order during the delivery order period. Any requests for deviation from the terms and conditions of the contract shall be submitted to the Contracting Officer for contractual action.

It is anticipated that the Government will issue a delivery order at least quarterly. Release orders (requests for delivery) by designated Government personnel will “draw-down” from the delivery order. Release orders may occur as often as daily. Personnel authorized to submit release orders to the Contractor will be designated at time of award. The Government will specify the applicable Delivery Order number(s) and Requisition (Document) number(s) with any release of order.

It is the Contractor’s responsibility to be able to read and understand Local Stock Numbers (LSN’s) as supplied by the Government, and cross reference those numbers to standard part numbers, if necessary. Purchasers shall include the following minimum information in procurement documents:

· Requisition Number (Document No.)

· Contract line and sub-line number (CLIN)

· Local Stock Number (LSN), if applicable

· Quantity required (Each (EA), Unit of Issue)

· Work day hours for delivery purposes

· Point of contact for delivery

· Payment Instructions for Wide Area Work Flow, routing table for invoicing, or purchase card information

STORAGE AND DELIVERY REQUIREMENTS

This section outlines the requirements for storage and delivery of Coatings to support the JIT system.

Warehousing Requirements

The Contractor shall warehouse his inventory in such a way that facilitates JIT delivery as described in the Delivery Plan section. The Contractor shall comply with DLAD 4155.37 and FED-STD-793. The contractor warehouse shall meet the following requirements:

· Warehousing Capacity: Adequately store /warehouse forecasted requirements (size of facility); surge capability

· Location: Proximity to Government facilities (include physical location(s)) in order to meet the delivery timeline specified in the Delivery Plan

· Warehouse Quality: Protect material from environmental temperature extremes (in transit and in storage), and maintain environmental controls as required by the applicable product ASTM F-718 data sheets to ensure product integrity, and as a minimum, store products off of the ground, under cover, with sufficient ventilation to prevent the buildup of flammable vapors, and at temperatures between 40 to 95 degrees Fahrenheit

The contractor shall, during normal business hours, grant to the Contracting Officer, Shipyard quality assurance inspector or their authorized representative, plant access to the Contractor’s facility in which work under this contract is being performed. The Government personnel must have complied with the visit planning and coordination requirements of FAR 42.402 – “Visits to Contractors’ Facilities-- (March 2005)” prior to arranging the visit.

DELIVERY REQUIREMENTS

Delivery of the material under this contract requires the contractor to be able to meet the following requirements:

· Material Requirements Planning: Meet demand forecasts through Material Requirements Planning (MRP), inventory and batch management system/plan, including plan for minimizing the number of batches submitted for testing, surge capability; and plan to eliminate/minimize the need for Shelf-life extension

· Cycle Time: Normal and expedited turn-around times for delivery as described in the Delivery Plan section; hours and days of operation and delivery service as described in the Customer Support section

· Packaging: Packaging, bar coding and labeling capabilities as described in Marking and Documentation

· Shipping: Transportation resources and capabilities to support deliveries, including the types and number of delivery vehicles that will be used to deliver material, as well as off-loading of material

· Receipt: Delivery tickets/packing slips to facilitate efficient receipt and payment of shipments

Delivery Plan

For standard delivery, the contractor shall deliver product not to exceed (NTE) 72-hours of order notification, excluding weekends and Federal holidays. The Contractor shall deliver all items under this contract during the normal workday of customer site(s). Customer site normal workday hours will be specified in the delivery order. Items whose delivery falls on a weekend or holiday shall be delivered on the following workday. A “delivery window” may be established for each site after the contract is awarded if it is determined to be mutually beneficial to the Government and the Contractor.

The Government may require emergent /expedited delivery of some or all contracted material. Expedited delivery is defined as delivery to destination within 24 hours of order, including weekends and Federal holidays. Expedited delivery in excess of 24 hours is not acceptable. Any additional fee for expedited delivery shall be specified as a percentage of item price in the “expedited delivery” CLIN.

The articles to be furnished hereunder shall be delivered all transportation charges paid by the contractor to the delivery points outlined in the Place of Delivery herein or as specified in individual orders issued under the basic contract. The Contractor shall transport and deliver all items furnished under this contract as FOB destination. Partial deliveries are authorized.

Within twenty-four (24) hours after receipt of an order, the Contractor shall notify the designated Ordering Officer immediately by phone if he/she is unable to fill an order.

Return Policy

The contractor shall provide for a return policy. In the event that the Government issues a release order of an amount in excess of immediate need, the contractor shall provide a method for the Government to return the product for a full refund. Any additional fee associated with the return/restocking of the product must be specified as a percentage of the restocking item price in the fee CLIN negotiated prior to contract award.

Place of Delivery

Delivery destinations will be specified in accordance with the individual orders placed under the basic contract. All deliveries will be received at the hazardous material warehouses. The articles to be furnished hereunder shall be delivered, all transportation charges paid by the Contractor, to the following address or as stated in orders issued under the basic contract

If Government assistance is needed, the Contractor will coordinate with material control station personnel all manpower and equipment needed for the purpose of unloading the shipment no later than 24 hours prior to delivery.

The contractor shall comply with all Hazardous Material transportation regulations covered under CFR 49.

Delivery personnel requesting access to a Shipyard must adhere to the following requirements:

Contractors' representatives must be United States citizens. Representatives are to provide the Shipyard Security Office with proof of U.S. citizenship (i.e. DHS I-9 FORM, "Employee Eligibility Verification Form"). The I-9 is based on presentation of appropriate documentation that both verifies the employee's eligibility for employment and denotes his citizenship status.

NOTE:

(1) The I-9 must be provided before a badge will be issued for unclassified contract work, for access to the shipyard.

(2) If the contract requires access to classified material, a visit request identifying the employee's clearance status may suffice depending on the employee's status within the JPAS database.

(3) In the case of contractor truck drivers, knowing some are owner operators, if they are carrying proof of citizenship they can be issued a badge for access to drop off/pick up material.

(4) If the truck driver does not have sufficient documentation and the sponsor is willing to escort the driver to/from the desired location, a by-escort badge may be issued.

VENDORS/CONTRACTORS SHALL FORWARD ALL VISIT REQUESTS ON THEIR COMPANY LETTERHEAD SIGNED BY AN AUTHORIZED COMPANY OFFICER.

Vendors/contractors shall provide FULL name, FULL SSN, Date of Birth, Place of Birth and a specific statement attesting that the person(s) for whom they are requesting access are citizens of the United States. By so stating, the vendor/contractor is certifying that they have positive documentation of that person's citizenship on file (i.e. a signed and verified EEVF I-9 form). The request shall also state the specific reason for the visit request and the specific date(s) for which they are requesting access.

The following are representative delivery locations and instructions, but instructions may vary by individual order:

Norfolk Naval Shipyard (NNSY)

Norfolk Naval Shipyard

Receiving Officer, Bldg. 280

Portsmouth, VA 23709-5000

Pearl Harbor Naval Shipyard (PHNSY)

DLA Distribution

Receiving Dept. Code Z0S

667 Safeguard St.

Bldg. 167

JBPHH, Hawaii 96860-5933

After the material is received, then send to Bldg. 1665 (HAZMAT).

Portsmouth Naval Shipyard (PNSY)

Portsmouth Naval Shipyard

Code 501.38

Receiving Officer

Building 337

Kittery, ME 03904

Puget Sound Naval Shipyard (PSNSY)

Building 997, Hazardous Material Warehouse

Building 59, Laboratory (sample deliveries)

PSNSY will also require delivery to its annex locations in PSNSY & IMF, Bangor (Silverdale):

NAVIMFPACNORWEST, NAVAL SUBASE BANGOR

6403 Skipjack Circle, Bldg. 6403

Silverdale, WA 98315-6403

Building 7089

Inspection and Acceptance

Inspection and acceptance of the supplies or services to be furnished hereunder shall be made at destination by the receiving activity at the receiving warehouse.

Receiving activity shall execute acceptance certificate on the applicable inspection and receiving report form (DD250, DD Form 1155, or Standard Form 44). The executed payment copy of MILSCAP Format Identifier PKN or PKP shall be forwarded to the payment office within four workdays (5 days when MILSCAP Format is used) after delivery and acceptance of the shipment by the receiving activity.

Application Instructions

The contractor shall provide the latest application instruction(s) for all contracted material as the application instructions become available:

PSNS & IMF Production Department

1400 Farragut Ave.

ATTN: Code 970

Bremerton, WA 98314

Customer Support

The contractor shall keep the Contracting Office apprised of customer services hours of operation, customer service representative names, locations and emergency contact information. The Contractor shall maintain hours of operation that, as a minimum, coincide with those of the Shipyard being served and its partner sites in the region.

The contractor shall provide the Government with visibility of all contractor-owned batches (tested and Government-approved) in inventory, and the undelivered balances remaining on each delivery order. The inventory information medium shall be either a web-enabled database, or routinely transmitted electronic spreadsheets. In the event that Government-inspected and approved inventory is nearing expiration, the contractor is expected to inform the Government. Upon government agreement, the contractor is expected to seek alternative customers for the material.

The contractor shall provide response for requested Technical Support within 24-hours of notification. The contractor shall provide technical support via telephone or dispatch a technical representative if on-site support is required.

Packing

All material shall be packaged for commercial delivery and in accordance with MIL-STD-2073-1E W/CHANGE 1 and ASTM D 3951. Containers shall be secure and free from leaks, bulges, rust and other contaminants. Labels should be securely attached and all markings should be clear and legible. Each order will be consolidated into a single package, when feasible, and clearly marked with the order number and delivery destination. If multiple packages are necessary, each package will be marked with all relevant shipping information to include the order number and number of total packages in the shipment. If provided, a copy of the kitting / trigger request shall be attached to each package.

Two-Component Products Where coatings are composed of two components to be mixed and spray coated at the time of application, the proportions for the mix ratio of resin component to hardener shall be 1:1, 2:1 or 4:1 by volume, unless otherwise agreed upon by the Government. The resin/base component shall be designated as Component A. The accelerator/hardener/catalyst/converter/curing agent shall be designated as Component B. For 4:1 ratio coatings with the exception of cartridges, the Contractor shall package the material in two containers, one of which should be large enough to contain all components for mixing purposes. The Contractor shall label and ship the material accordingly. Only batches of parts that have been pre-tested and approved by the Government for use together shall be delivered.

Marking and Documentation

The Contractor shall label and package all materials in accordance with the applicable MIL-SPEC, MIL-STD-129, and 29 CFR 1910.1200. Bar coding is not required.

Each request for delivery will be packaged by trigger delivery, with each trigger delivery consolidated into a single package, when feasible, and clearly marked with the order number and delivery destination. If multiple packages are necessary, each package will be marked with all relevant shipping information to include the order number and number of total packages in the shipment. A copy of the trigger delivery shall be attached to each package.

As a minimum, the contractor shall label each container with the following required manufacturer information:

a.

Manufacturer name b.

Phone contact c.

Trade name (per MSDS) d.

Nomenclature e.

Primary hazard information f.

Content of volatile organic compounds (VOC) in grams per liter (per NESHAP requirements) g.

Batch identification number h.

Date of manufacture i.

Date of product expiration

If provided, contractors shall affix a government-provided Consolidated Hazardous Material Reutilization and Inventory Management Program (CHRIMP) label to each container prior to delivery.

The contractor shall provide a signed VOC Certificate of Conformance for all shipped material. For all shipped material designated as QA Code 3, or as requested, the Contractor shall also provide evidence of Government approval (DD Form 1222 Section B). The Contractor shall provide a Certificate of Conformance (per FAR 52.246-15) certifying conformance to all applicable contract requirements upon request.

The packing slip for each delivery at all locations shall include the following:

a. Contract number

b. Delivery order number:

c. Release order number: The release against the delivery order

d. Trigger: The request for a particular Paint. Triggers roll up into release orders

e. Item description

f. Local stock number (LSN), as specified in the delivery order

g. Document numbers

h. Quantity

i. Delivery location

j. CHRIMP label numbers

k. Copy of Laboratory Analysis Report showing approved batch

Palletization Material shall be palletized on standard size pallets 48 X 40 inches, no more than single stacked only.

QUALITY ASSURANCE REQUIREMETS

This section outlines the requirements for quality assurance of Coatings to support the JIT system.

Contractor Quality Assurance

The contractor shall have in place the following:

· Quality System: Quality assurance plan

· Sampling Plan: Inspection sampling plan

· Test Capabilities: Laboratory test capabilities

· Test Data: Ability to provide VOC COC’s, and certified test results of conformance testing required by the applicable contract specifications.

Contractor Inspection

The Contractor is responsible for the performance of all inspection and testing requirements as specified in the applicable coating specification requirements and NAVSEA-reviewed ASTM F718 for the commodity for all material designated as QA Code 3, or as requested. Records of the examination and tests shall be kept complete on the manufacturer's certificate of compliance or conformance test data forms and delivered with each batch or lot. Testing shall be in accordance with ASTM procedures or Federal Test Method Standard (FTMS) Method No. 1031.1 under FED-STD-141 for all contracted material. When the applicable MIL-Spec is silent on attribute sampling plans, the Contractor shall establish a sampling plan in accordance with MIL-STD-1916 using verification level VL-I. Acceptance will be in accordance with the applicable governing specification. With Shipyard approval, suppliers certified to perform under ISO 9000:2000 series are permitted to utilize a desired inspection/quality system in lieu of this sampling plan.

Sampling of Material for Conformance

The contractor shall deliver only material that has been batch sampled, pre-tested, and approved by the Shipyard for intended delivery. For delivery of kits consisting of multiple parts, only batches of parts that have been pre-tested and approved for use together shall be delivered. The contractor shall provide the Government with batch samples of all contracted materials free of charge. Title of batch samples shall not pass to the Government. The following specification describes the sampling procedures.

Delivery and Sample Specifications For all material designated as QA Code 3, or as requested, the contractor shall deliver from its local warehousing facility one (1) representative, randomly selected kit or container from each uniform batch or lot of production material for sample testing. The sample shall be the minimum size with which the Government can properly perform acceptance testing. The contractor shall submit DD Form 1222 -- Section A “Request For and Results of Tests” with each sample containing the contract number and the Lot/Item identification. Samples shall be submitted to the local Government test facilities, consistent with the material place of delivery within 30 days of receipt of delivery order for that product.

The contractor will notify the Test Location Quality Assurance Laboratory 48 hours prior to delivering the contractor-owned batch sample. The sample shall consist of one randomly selected kit or container from each batch or lot of material. For containers larger then 5 gallons, the Contractor will propose a method to decant sample materials for testing in accordance with ASTM D 3925. The contractor shall provide the material batch population size with the sample. The Government may require additional samples based on population size, not to exceed five (5).

Contractor will provide Product Conformance Inspection Tests data, required in the individual paint specification with each batch sample.

The contractor is responsible for providing any related product data to support production sample testing and approval.

Government Testing Procedures Government technical conformance tests will be performed for all material designated QA Code 3 to ensure the product meets requirements. Technical conformance testing is not required for those characteristics provided on the manufacturer's certificate of compliance or conformance test data forms, or another shipyard's receipt inspection test data forms that meet the applicable coating specification requirements as allowed by SMS 6310-081-015 and NAVSEA Standard Item 009-32. Product conformance testing may consist of any of the conformance inspection tests required in the individual/mixed paint specification.

NOTE: Receipt Inspection testing will be accomplished typically as per NAVSEA requirements utilizing NAVSEA letter from Mark Ingles (SEA05) which provided guidance on COA/COC and receipt inspection testing or NAVSEA Standard Items which utilizes the VENDOR COA/COC to waive attributes already tested “SAT.” Random surveillances of the facilities and the coatings are required by NAVSEA. If a coating is in question for any reason, or for any missing attributes from the VENDOR COA/COC will/or could be grounds to have the coating fully Receipt Inspected including the full gambit of conformance testing as required by NAVSEA and the paint spec.

Critical paints/solvents that will require receipt inspection testing, certificate of compliance or conformance test data in accordance with NAVSEA requirements are coatings used in critically coded areas, special use applications (e.g. Special Hull Treatment (SHT)) and coatings used in nuclear cog areas). As an example; coatings that are qualified to MIL-DTL-24441, MIL-DTL-24631, and MIL-PRF-23236 are normally considered Critical and require testing.

The below table is a breakdown of CLINs based on critical vs non-critical items; however, the table is not all inclusive. Coatings which are qualified to multiple specs and/or CLINs (e.g. qualified to MIL-PRF-23236 (critical) and MIL-PRF-24647(non-critical)) will be considered critical if the coating is qualified to a spec/CLIN that is critical and thus it will be required to be tested; even if it is being provided under a non-critical CLIN.

CRITICAL

RECEIPT INSPECTION TESTING/COA/COC REQUIRED

NON-CRITICAL

GENERAL RECEIPT INSPECTIONS REQUIRED

Note: all chemicals (e.g. solvents, paints) require some form of general receipt inspection verification upon entry into the NAVSEA activity.

Product conformance testing may also include testing for content of Volatile Organic Compounds (VOC) per EPA 40 CFR 60, Appendix A, Method 24 or ASTM D 3960. Coatings for use in non-critical coated areas may also be tested for conformance with specifications. Upon request, the Contractor shall provide ASTM F 718 Data Sheets and acceptance ranges for product conformance testing prior to delivering samples.

Government Testing and Reporting Timeframe Unless otherwise agreed upon, the Government will test batch samples within 20 working days of receipt for up to 20 samples. More than 20 batch samples submitted within a 10 day time period may require up to 30 working days to test. The Shipyard shall notify the contractor, in writing of the compliance, conditional compliance, or non-compliance of the production sample within 30 working days after all testing is complete. The notice of conditional compliance or compliance shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional compliance shall state any further action required of the Contractor. A notice of non-compliance shall cite reasons for the non-compliance.

Upon a notice of non-compliance, the Shipyard shall report and resolve deficiencies with the Contractor in accordance with DLAD 4155.24. These directives establish a system for feedback of product quality deficiency data to facilitate reporting, investigation, cause correction, and management of individual product quality deficiencies, as well as to identify problems, trends, and recurring deficiencies. For unsatisfactory test results, the contractor may submit another batch for testing. The second batch should include the specification conformance test results. It is anticipated that the contractor shall not send more than two samples in a row that do not pass batch sampling.

Responsibility for Samples The contractor shall regularly remove any production sample from the Government test facility at the contractor’s expense within five (5) business days after notification of compliance or conditional compliance test completion. Unless otherwise provided in the contract, the contractor may deliver the approved production sample as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing.

If the production sample is non-compliant, the contractor, upon Government request, may submit an additional production sample for testing. After each request, the Contractor shall select another production sample for testing. All costs related to these tests are to be borne by the contractor, including any and all costs for additional tests following a non-compliance. The Government may retain non-compliant samples until resolution of the nonconformance through modifications of production or through the submittal of a new batch. The contractor shall furnish any additional production sample to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this production sample within the time limit specified in the Sampling of Material for Performance clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

Sampling Terms Before production sample approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the contractor. Before production sample approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

For non-critical Paints, Shipyards may waive the requirement for production sample approval testing where supplies identical or similar to those called for in the schedule have been previously furnished by the contractor and have been accepted by the Government. The contractor may request a waiver.

The Government retains the right to waive production sampling approval testing in accordance with SMS 6310-081-015 and NAVSEA Standard Item 009-32. If requested, the contractor will be required to provide a certificate of compliance or material test certification data to allow the Shipyard to verify successful completion of these tests.

INVOICING REQUIREMENTS

This section outlines the requirements for invoicing process under this contract. Delivery orders will include specific payment instructions designating Wide Area Workflow (WAWF) or purchase card. If using WAWF you do not want to reference a “written request for payment.”

The contractor shall utilize the electronic invoicing upon delivery of paint products. Invoices for supplies delivered under this contract shall be submitted electronically through Wide Area Work Flow – Receipt and Acceptance (WAWF). The contractor shall register at the web site: https://wawf.eb.mil. Contractor training is available on the Internet at https://wawftraining.eb.mil.

The WAWF table will be included in the specific delivery order.

Payment Process

The contractor shall submit invoices and supporting data (such as sales receipts and delivery data) on all Defense Logistics Agency (DLA) issued delivery orders to the point of contact indicated with the order every two (2) weeks for certification for payment. Each order issued under this contract shall specify the method of payment. Payment shall be either via WAWF using electronic funds transfer in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer, or via Government purchase card in accordance with FAR 52.232-36, Payment by Third Party.

Authorized Users

Only the Norfolk, Pearl Harbor, Portsmouth and Puget Sound Naval Shipyards and their regional partner sites are authorized to purchase through this contract.

Purchase Card Payment Those activities authorized to utilize the U.S. Government purchase card as a method of payment on individual delivery orders may do so up to the contract limitation of $100,000.00 per order or the cardholder's specific dollar limitation. The Contractor is responsible for contacting the activity making the purchase concerning any payment problems. Each Contracting Office will only resolve payment issues related to delivery orders issued by that Contracting Office.

ADMINISTRATIVE REQUIREMENTS

Data and reports

All reporting information received from the LTC Vendor(s) shall be Government property and may be used for any Government purpose and may be publicly released.

Contractor performance will be self-reported to the Government by way of the following: a quarterly Sales Report, an On-Time Delivery Report and a Quality Report.

The contractor shall provide the Contracting Officer quarterly summary reports to track the efficiency of the contract. The reports can be either mailed or faxed on company letterhead or e-mailed directly to the Contract Administrator and the Shipyard Technical Point of Contact. These reports shall be received no later than the five (5) days after the end of the quarter. These reports, for each month in the quarter, will contain, at a minimum, the following information.

· The Sales Report shall contain monthly sales volume and total sales volume, total number of orders received and total number of line items received.

· The On-Time Delivery Report shall contain a listing of all orders received for the quarter, and for each order: the item (including sub-CLIN), the quantity ordered, the quantity shipped, the date the order was received and, if completed, the date the order was delivered to the specified Naval Shipyard, the contractually required delivery days and the actual delivery days.

· The Quality Report shall contain a listing of any orders that failed the Shipyards’ inspection, the item (including the sub-CLIN) at issue, the date of the failed inspection, an explanation of the reason for the failure, and a statement regarding when the issue is expected to be resolved.

Performance will be measured by adherence to price, quality and delivery requirements as specified in the solicitation. No earned value management system will be utilized for this acquisition for the reasons discussed above. No integrated baseline reviews are required as discussed above. See FAR 34.202.

Changes and non-conformance

No changes to the specifications or other contract technical requirements are allowed without Shipyard approval prior to issuance of a contract modification by the Administrative Contracting Officer (ACO). If contract administration is assigned to the Defense Contract Management Agency (DCMA), authority for acceptance of minor non-conforming supplies is withheld. Requests for deviations and waivers shall be processed in accordance with MIL-STD-973.

Product List Amendments and Updates

The Government will review and revise the product list as needed to incorporate revisions to MIL-Spec’s, new products, additional colors, or other required updates. When the addition of a new product is required, the contractor shall propose pricing for agreement by the Government. The contractor shall honor unit pricing under the current contract period of performance if minor revisions are made to the applicable MIL-Spec that require reformulation. New products will establish new CLINs and Local Stock Numbers (LSNs). Replaced or expired LSNs will be phased out as required to support current production requirements/forecast.

Vendor Evaluation Data Records

Pursuant to DFARS 246.470-2 “Quality Evaluation Data”, this contract is subject to Past Performance Information Retrieval System (PPIRS).

APPLICABLE DOCUMENTS

(1) Specifications

(i) Federal

a. TT-C-492 – Coating Compound, Paint Anti-sweat

b. TT-P-28 – Paint, Aluminum, Heat Resisting (1200 F)

c. TT-P-645C – Paint, Zinc Molybdate

(ii) Department of Defense

a. MIL-DTL-15090 – Enamel, Equipment, Light Gray (Navy Formula No. 111)

b. MIL-DTL-24441 – Paint, Epoxy-Polyamide

c. MIL-DTL-24631 – Paint, Camouflage for Submarines, General Specification for (Metric)

d. MIL-E-1115 -- Enamel, Interior and Exterior, Alkyd, White (Formula No. 30)

e. MIL-PRF-24635 – Coating Systems, Weather-Resistant, Exterior Use

f. MIL-DTL-53022 – Primer, Epoxy Coating, Corrosion Inhibiting, Lead and Chromate Free

g. MIL-PRF-24596 – Coating Compounds, Non-flaming, Fire-Protective (Metric)

h. MIL-PRF-24667 – Coating System, Non-Skid, For Roll or Spray Application

i. MIL-PRF-85285 – Coating: Polyurethane, Aircraft and Support Equipment

j. MIL-PRF-23236 – Coating Systems For Ship Structures

k. MIL-DTL-24631 – Paint, Camouflage For Submarines

(2) Drawings

(i) Department of Navy

a. DTNSRDC (NSWC-CD) 2884-1109/1110 DWG-5808333/5808334

(3) Standards

(i) Federal

a. FED-STD-141 – Paint, Varnish, Lacquer and Related Materials: Methods of Inspection, Sampling and Testing--

Method 1031.1 – Contractor Inspection Responsibility

Method 3011.3 – Condition in Container

Method 4061.3 – Drying Time

Method 4541 – Working Properties and Appearance of Dried Film

b. FED-STD-313 – Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to Government Activities

c. FED-STD-595 – Colors Used in Government Procurement

d. FED-STD-793 – Depot Storage Standards

(ii) Department of Defense (DOD)

e. DOD 4140.27 – Shelf - Life Item Management Manual

a. MIL-STD-129 – Military Marking for Shipment and Storage

b. MIL-STD-1916 – Preferred Methods for Acceptance of Product

c. MIL-STD-2073 – Standard Practice for Military Packaging

(iii) Department of Navy (DON)

a. NSTM S9086-VD-STM-010, Chapter 631 – Preservation of Ships in Service

b. SMS 6310-081-015 – Submarine Maintenance Standard

c. NAVSO P-3683 – Navy and Marine Corps Product Data Reporting and Evaluation Program (PDREP)

d. NAVSEA Standard Item 009-32

(4) Publications

(i) Code of Federal Regulations (CFR)

a. Title 29 CFR 1910.1200 – Hazard Communication Standard

b. Title 40 CFR, Part 60, Appendix A, Method 24 – Determination of Volatile Matter Content, Water Content, Density, Volume Solids and Weight Solids of Surface Coatings

c. Title 40 CFR, Part 63 – National Emission Standards for Hazardous Air Pollutants (NESHAP) for Shipbuilding and Ship Repair (Surface Coating) Operations

d. Title 49 CFR, Parts 100-199 – Transportation

(ii) United States Environmental Protection Agency (EPA)

a. EPA 453/B-97-001, Appendix E – A Guidebook on How to Comply with the Shipbuilding and Ship Repair (Surface Coating) Operations National Emission Standards for Hazardous Air Pollutants

(iii) Defense Logistics Agency (DLA)

a. DLAD 4155.37 – Materiel Quality Storage Standards Policy for Shelf-Life Materiel

b. DLAD 4155.24 – Product Quality Deficiency Report Program

(5) Non-Government publications

(i) ASTM International

a. ASTM D562 – Standard Test Method for Consistency of Paints Measuring Krebs Unit (KU) Viscosity Using the Stormer-Type Viscometer (DoD adopted)

b. ASTM D1210 – Standard Test method for Fineness of Dispersion of Pigment-Vehicle Systems By Hegman-Type Gage (DoD adopted)

c. ASTM D1475 – Standard Test Method for Density of Liquid Coatings, Inks, and Related Products

d. ASTM D1640 – Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature

e. ASTM D1729 – Standard Practice for Visual Appraisal of Colors and Color Differences of Diffusely Illuminated Opaque Materials

f. ASTM D3278 – Standard Test Methods for Flash Point of Liquids by Small Scale Closed-Cup Apparatus (DoD adopted)

g. ASTM D3925 – Standard Practice for Commercial Packaging

h. ASTM D3960 – Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings

i. ASTM D4400 – Standard Test method for Sag Resistance of Paints Using a Multinotch Applicator

j. ASTM F718 – Standard for Shipbuilders and Marine Paints and Coatings Product/Procedure Data Sheet. (DoD adopted)

(ii) American National Standards Institute (ANSI)

a. ANSI ASC X12 Version 3050 – Government-wide Electronic Data Interchange (EDI) Implementation Convention

b. (b) In the event of a conflict between the text of this contract and the references and/or drawings cited herein, the text of this contract shall take precedence. Nothing in this contract, however, shall supersede applicable laws and regulations unless a specific exemption has been obtained.

CONTRACT ADMINISTRATION PLAN

CONTRACT ADMINISTRATION PLAN (CAP) FOR FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT (EPA), CONTRACTS

In order to expedite the administration of this contract, the following delineation of duties is provided. The names, addresses and phone numbers for these offices or individuals are included elsewhere in the contract award document. The office or individual designated as having responsibility should be contacted for any questions, clarifications or information regarding the administration function assigned.

Post-award contract administration and surveillance will be managed by the DLA Maritime Norfolk contracting team. The Project Lead Acquisition Specialist will be the primary administrator. Performance will be monitored via the reporting requirements. Additionally, the contract(s) will require the contractor(s) to submit quarterly sales reports to the Contracting Officer. The Contracting Officer and Project Lead Acquisition Specialist will engage the contractor(s) as applicable based on performance (i.e., delivery, quality, technical and/or payment) issues. Any issues will be handled on a case-by-case basis.

It is anticipated that any resulting contracts will be administered locally by DLA Maritime Norfolk, but DLA Maritime Norfolk may engage the applicable DCMA office for certain administrative duties to assist in monitoring contract execution. DLA Maritime-Norfolk may also engage contracting personnel from the other three (3) Shipyards if necessary. The post award Contracting Officer is responsible for monitoring contractor performance and to ensure satisfactory administration of the acquisitions. The Navy will continue to be the responsible Engineering Support Activity (ESA).

1. The Procuring Contracting Office (PCO) is responsible for:

a. All pre-award duties such as solicitation, negotiation and award of contracts.

b. Any information or questions during the pre-award stage of the procurement.

c. Freedom of Information inquiries.

f. Providing subcontract approval.

d. Changes in contract terms and/or conditions.

e. Post award conference.

Name: Cindi Newcomb

Address: Norfolk Naval Shipyard, Bldg. 1500 2nd Floor, Portsmouth, VA 23709

Phone: 757-396-8352

2. The Contract Administration Office (CAO) is responsible for matters specified in FAR 42.302, except those areas otherwise designated as the responsibility of someone else herein.

Name: TBD

Address: Norfolk Naval Shipyard

Phone:

3. The paying office is responsible for making payment of proper invoices after acceptance is documented.

Name: TO BE PROVIDED IN INDIVIDUAL DELIVERY ORDERS

4. The Ordering Officer is responsible for:

a. Obligating the funds by issuance of the delivery order/task order.

b. Authorizing the contractor to begin performance.

c. Monitoring direct costs on orders issued.

The following limitations/restrictions are placed on the Ordering Officer:

a. Type of order issued is limited by this contract to firm fixed priced pricing arrangements;

b. No order shall be placed in excess of $500,000.00 without the prior approval of the PCO;

c. The following ordering officers are hereby identified

Name: Any DLA Norfolk, Pearl Harbor, Portsmouth and Puget Sound warranted Contracting Officer

NOTE: The PCO and the Ordering Officer may be the same individual.

HAZARDOUS MATERIALS

Packaging, packing, marking and labeling hazardous materials to be shipped by any mode or combination of transportation modes shall be prepared (properly classed, described, packaged, marked, labeled, transport vehicle placarded, etc.) for shipment in accordance with MIL-STD 129 and all applicable government and carrier regulations in effect at time of shipment. (b) In the event of a conflict between specific requirements in the contract or order and existing applicable regulations, the regulations take precedence. Under no circumstances shall the contractor knowingly use materials, markings or procedures which are not in accordance with laws and regulations applicable to the mode of transportation employed.

TYPE OF SHIPMENT REGULATIONS APPLICABLE

1. Domestic A

2. Domestic Air Commercial A,B,C

3. Domestic Air Military A,F

4. Export Surface A,E,G

5. Export Air Commercial A,D,G

6. Export Air Military (MAC) F,G

LIST OF REGULATIONS

A. Code of Federal Regulation Title: 49 Transportation Parts 100-199.

B. Official Air Transport Restricted Articles Tariff No. 6-D C.A.B. 82.

C. Official Air Transport Restricted Articles Circular No. 6-

D. D. International Air Transport Association Restricted Articles…