USNS SPEARHEAD SOLICITATION N3220520R4067.pdf

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PAGE(S)

until 08:00 AM local time 06 Mar 2020

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X H 56 - 66 andrew.macdonald1@navy .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

Prescribed by GSA

FAR (48 CFR) 53.214(c)

1 66

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N32205 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

SP-64 Naval Station Norfolk conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ANDREW P. MACDONALD 757-341-5737

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 6

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

7 - 12

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 16 - 19 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 20 - 25 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the 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

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

26 - 35

PART II - CO NTRACT CLAUSES

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-64 NAVAL STATION N

NORFOLK VA 23511

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

04 Mar 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N3220520R4067

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each

USNS SPEARHEAD (T-EPF-1) EDD

FFP

Category "A" WI's

Prepare for and accomplish the EDD of the USNS SPEARHEAD (T-EPF-1)

Total Category "A" WIs $_____________

Proposed unit price per KWh $_____ IAW WI 011, 7.1.1.4

Proposed unit price per gallon of potable water $______ IAW WI 011, 7.1.3.2

Proposed unit price per gallon of distilled water $______ IAW WI 011, 7.1.4.2

Proposed unit price per gallon of bilge water removal $______ IAW WI 011, 7.1.18.3

Proposed unit price per crane usage $______ IAW WI 011, 7.9.2

Proposed Hazardous Waste handling fee rate IAW WI 023, 7.4.3 ______%

FOB: Destination

J998

NET AMT

USNS SPEARHEAD (T-EPF-1) EDD

FFP

USNS SPEARHEAD (T-EPF 1) EDD MSC Additional Government Requirements

(AGR) and Other Direct Costs (ODC) (Information Only)

0002AA Each

USNS SPEARHEAD (T-EPF-1) EDD

FFP

USNS SPEARHEAD (T-EPF 1) EDD MSC Additional Government Requirements

(AGR) and Other Direct Costs (ODC)

AGR

(7,000) man-hours @ $________ per man-hour = $_____________

ODC

Base $500,000.00_

Proposed G&A Rate _______________%

Subtotal: $_____________

Proposed Profit Rate _______________%

Subtotal: $_____________

0003 Each

OPTION USNS SPEARHEAD (T-EPF-1) EDD

FFP

Category "B" WI 0025

WI 0025 - Physical Security at Private Contractor's Facility in FPCON Charlie -

Delta

Category “B” WIs are optional WIs and not required to be accomplished as part of this contract as awarded. The KO may require the contractor to perform the requirements of the optional Category “B” WIs by exercising the option via written notice to the contractor.

0004 Each

OPTION USNS SPEARHEAD (T-EPF-1) EDD

FFP

Category "B" WI 0030

WI 0030 - Continuation of Services

0005 Each

OPTION USNS SPEARHEAD (T-EPF-1) EDD

FFP

Category "B" WI 0104

WI 0104 - Flight Deck Tie Downs

TOTAL PROPOSED PRICE FOR CLINS 0001 THROUGH 0005

The contractor shall enter the total proposed price of all CLINs.

CLAUSES INCORPORATED BY FULL TEXT

PART I - THE SCHEDULE

Section B, Price Schedule, detailed information

CLIN 0001 –Attachment J-2 – Category “A” WIs provides a WI breakdown of CLIN 0001 pricing.

CLIN 0002: This CLIN contains the FBLR (e.g., G&A, overhead, profit, supervision, consumables, and/or support functions, etc.) and the ODC profit and G&A rate. These rates are used for pricing changes negotiated under the H-

3 Clause - AGR and H-4 Clause ODC, for the duration of the contract. Changes are inherent to vessel repair contracts and should be expected by the Contractors. Additionally, this CLIN includes G&A and profit rates for

ODC to be used for negotiating changes. These rates shall prevail even when the contract is extended/modified.

The number of AGR man-hours and the ODC base amount are estimates that were generated for evaluation purposes. The actual amounts of man-hours and ODC may be used interchangeably under the contract which could result in a distribution and amount of man-hours and ODC that is either higher or lower than that stated in CLIN

0002. Any additional AGR or ODC required beyond the CLIN 0002 estimated amount shall be added through contract modification using the same AGR and ODC rates agreed upon at contract award. Any unused AGR or

ODC will be de-obligated from the contract at the same AGR and ODC rates agreed upon at contract award. The contractor agrees that the number of man-hours included in its proposed price for such AGR shall include only direct production man-hours. For these purposes, direct production man-hours are for skilled labor at the

Journeyman level expended in direct production as exemplified by the following functions:

Abrasive cleaning/blasting Tank cleaning

Welding Machinists (inside and outside)

Burning Brazing

Carpentry Electrical work

Electronic work Shipfitting

Lagging Painting

Boilermaking Pipefitting

Sheetmetal work Engineering

Rigging Staging/scaffolding

General labor Fire Watch

Direct production man-hours will not include those functions (whether charged directly or indirectly by the contractor’s accounting system) which are defined herein as support for production functions. Necessary support functions shall be considered to be included in the offeror's FBLR for direct production man-hours. Examples of support functions include:

Testing Quality Assurance

Planning Cleaning (except tank cleaning)

Material handling & warehousing Security

Surveying Administration

Transportation Purchasing staff

Lofting Other indirect support

Supervision

Consumable materials are goods used in the ordinary course of work performance such as office supplies, paper, rags, vehicle or equipment fuel costs, cleaning chemicals, disposable tools, welding rods, paint buckets, paint brushes, protective clothing, etc. that do not become an integral part of the repaired vessel. Consumable material shall be included in the contractor's FBLR and not separately priced.

The rates for profit and G&A on CLIN 0002 above shall be the same rates used by the contractor in its responses to the Request for CCO Proposals issued under this contract. The KO will apply these rates to the ODCs for each CCO when it is negotiated and settled.

The base cost, stated in this CLIN does not include the profit or G&A rates.

NOTE: This does not include any material cost for Category “A” WIs. The material cost for Category “A” WIs has been included under CLIN 0001.

CLINs 0003 through 0005 –Attachment J-3 – Category “B” WIs provides a WI breakdown of CLIN 0003 through

0005 pricing.

Section C - Descriptions and Specifications

ACRONYM TABLE

ABIH American Board of Industrial Hygiene

ABR Agreement for Boat Repair

ABS American Bureau of Shipping

ACO Administrative Contracting Officer

AGR Additional Government Requirements

AIHA American Industrial Hygiene Association

ALT Alternate

AMT Amount

BLDG Building

CCO Contract Change Order

CD Compact Disc

CDRL Contract Data Requirements List

CD-ROM Compact Disc Read-Only Memory

CFM Contractor Furnished Material

CFP Contractor Furnished Property

CFR Condition Found Report

CHENG Chief Engineer

CFR Code of Federal Regulations

CIH Certified Industrial Hygienist

CLIN Contract Line Item Number

CONUS

CPARS

Contiguous United States

Contractor Performance Assessment Reporting System

DBIDS Defense Biometric Identification Systems

DFARS Defense Federal Acquisition Regulation Supplement

DOD Department of Defense

DOD SAFE Department of Defense Secure Access File Exchange

DON Department of the Navy

EMAIL Electronic Mail

ESRS Electronic Subcontract Report System

FAPIIS Federal Awardee Performance and Integrity Information System

FAR Federal Acquisition Regulation

FBLR Fully-Burdened Labor Rate

F/CC Fibers Per Cubic Centimeter

FPCON Force Protection Condition

FTR Federal Travel Regulations

G&A General and Administrative

GFI-TD Government Furnished Information – Technical Data

GFM Government Furnished Material

GFP Government Furnished Property

GPE Governmentwide Point of Entry

IAW In Accordance With

ID Identification

ISO International Organization for Standardization

JTR Joint Travel Regulations

KO Contracting Officer

KWh Kilowatt Hour

LLTM Long Lead Time Material

LPTA Lowest Price Technically Acceptable

M&IE Meals and Incidental Expenses

MSC Military Sealift Command

MSCREP Military Sealift Command Representative

MM Millimeter

MSRA Master Ship Repair Agreement

MTA Mid-Term Availability

N/A Not Applicable

NCACS Navy Commercial Access Control System

NDA Non-Disclosure Agreement

NO Number

NSP Not Separately Priced

ODC Other Direct Costs

PAT Proficiency in Analytical Testing

PDF

PII

Portable Document Format

Personally Identifiable Information

PM Program Manager

PPE Principle Port Engineer

PRIME Prime Contractor

QA Quality Assurance

QC Quality Control

REV Revision

RFC Request for Specification Clarification

RFP Request for Proposal

ROH/DD Regular Overhaul/Dry-Docking

SECNAV Secretary of the Navy

SF Standard Form

SUB Subcontractor

TPSN Time Phased Sequencing Network

TWA Time-Weighted Average

USC United States Code

USCG United States Coast Guard

USNS United States Naval Ship

VR Voyage Repair

WAWF Wide Area Workflow

WI Work Item

C-1 GENERAL

1. The contractor shall prepare for and accomplish the VR, overhaul, or alterations of the USNS

SPEARHEAD (T-EPF-1) as specified herein and IAW the WI package as provided in Attachment J-1 – WI Package

(Specifications). Unless otherwise specified, all work shall be performed at the contractor’s shipyard.

2. In performing the WIs specified, the contractor shall be responsible for all of the following related work (in case of a discrepancy, the terms and conditions stated in the WIs take precedence over the following terms and conditions):

(a) Providing the necessary management, procurement, production, testing, technical capability and resources, and quality assurance services.

(b) Ensuring the timely procurement of CFM/CFP and the timely reporting, receipt, storage, installation, and accountability of GFM/GFP IAW FAR Clause 52.245-1 and DFARs Clauses 252.211-7007, 252.245-7001, 252.245-7002, 252.245-7003, and 252.245-7004.

(c) Using progress measurement systems to determine the physical progress of completed work for each of the elements in the scheduling plan, including material and manpower control, engineering, production, tests and trials IAW the CDRL and the contractor's own Technical Proposal, and the WI 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) Using management procedures and systems to identify behind schedule conditions and unfavorable schedule variances based on the TPSN submitted with the contractor’s proposal. The applied procedures and systems shall provide timely identification of scheduling problem areas to permit prompt management action to correct unsatisfactory conditions.

(e) Developing a performance milestone schedule/critical path chart to measure scheduled performance.

Deviations from the milestone schedule/critical path chart dates in WI 013 must be submitted to and approved by the KO. A performance milestone schedule and critical path chart shall be developed and submitted in accordance with the WI Package. The performance milestone schedule shall include and clearly identify primary and parallel critical paths. The resource loaded performance milestone schedule shall include, at a minimum, those milestones identified in WI 013.

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

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

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

(i) Providing for staging and storing of material (both Government-furnished and contractor-furnished) and

LLTM for use in the availabilities from the date of award.

(j) Managing all subcontractors’ performance during the availability. Ensure subcontractor work is to the same quality and standards as expected from the prime contractor. Develop and maintain a subcontractor management plan. The plan shall ensure that all communication and control of subcontractors is maintained by the prime contractor.

(k) Employing good judgment and sound engineering practice and principles, particularly when WIs do not describe all details of accomplishing the work. The contractor shall be expected to have, either organically or through subcontractors, access to competent engineers who have a history of working solutions in a maritime environment.

3. Contract work shall be performed by an eligible contractor as defined below.

(a) The contractor shall be capable of performing the full scope of the requirement stated herein within its own facilities, utilizing its own shop(s) and work force, or be capable of subcontracting for these elements beyond its managerial, technical, or physical capability or capacity. The contractor shall assume full responsibility for the integrated scheduling, cost, and quality of subcontractor performance.

(b) The contractor shall be a company recognized as engaged in ship repair work and possess an organization capable of the full scope of planning, engineering, quality control, shipboard/offship production and component/system testing and trials. The contractor shall provide industry certifications such as: MSRA, ABR, or ISO Certification that would further emphasize the contractor's ability to perform the work. To be determined responsible, the contractor shall submit acceptable evidence to demonstrate its ability to accomplish the work. This will include a conclusive demonstration of having the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and/or subcontractors) at the time of award. The contractor’s proposal shall provide a documented and positive demonstration of established organizational elements as set forth below. These characteristics will be evaluated to determine a firm's eligibility for contract award:

a. Administration/Management Control. Established organization geared toward ship repair at all levels of size, value, and complexity, and toward technology innovation and process improvement. Clear lines of authority.

Delegation of responsibility. Mid-level managerial positions in place. Competent and experienced employees with ship repair experience. Capability to develop and integrate planning, estimating, and scheduling functions.

Defined managerial responsibilities for production, quality assurance, material procurement/control, and subcontractor control.

b. Financial Control. Segregation of accounting costs. Adequate accounting system. Favorable cash flow-ratios.

Availability of a line of credit or other source of financial income to support the work effort. Prompt payment of subcontractors and suppliers.

c. Production Control. A production organization. On board (or ability to obtain) trade mix/skills to perform ship repair work. Control of production efforts. Integration of other key functions with production. Use of scheduling techniques. Methods of progressing. Training available to trades employees.

d. Production Technical Support. Engineering and design support capabilities (in-house or subcontracted) with sufficient capability to diagnose and evaluate technical problems and issues and to make competent technical recommendations to MSC when necessary and appropriate. The offeror shall be fully cognizant of ABS rules and

USCG regulations and how they apply and impact this specification package.

e. Material/Procurement Control. A material purchasing department with staff. Procedures for control of material

(purchasing, monitoring, receipt, inspection, segregation, issuance, nonconformance, and disposal). An inventory system – ordering, tagging warehousing. CFM/GFM storage, control and protection. Existing environmentally-controlled warehouse space. Material handling equipment. Familiarity with the Navy logistics support system.

f. Subcontractor Control. Procedures for selecting, scheduling, managing, monitoring and controlling subcontractors.

g. Quality Control/Test and Trials. A quality control organization/department/staff. Quality assurance procedures/manual. Calibration and metrology system availability. Test memo writing capability.

Nondestructive Testing capabilities. Welding procedures and welders’ qualifications. Ability to perform trend analysis. Quality control system shall be certified or equivalent to ISO 9001:2001 standards.

h. Safety/Security. Safety Organization/Manager or Engineer. Safety manual/procedures. Safety training. First-aid capabilities or medical services. Fire protection/procedures. Physical yard security/security procedures.

i. Hazardous Material/Waste Control. Proper procedures and facilities to meet the legal requirements for removal, storage, and disposal of hazardous waste. Segregated storage. Documentation of licensed subcontractors responsible for control of hazardous waste removal, storage, and disposal. Appropriate state/federal agency-issued hazardous waste generator number. Disposal records which indicate type of material, date, and place of disposal.

j. Facilities. Although facility requirements may vary with the work authorized for a specific ship, the contractor must be a ship repair company that possesses or has available the following facilities:

o Pier, with services in place, accessible to the CLASS size ship for birthing o Structural Shop o Machine Shop o Pipe Shop o Electrical/Electronic Shop o Carpentry Shop o Rigging Equipment o Dry-dock – when required for docking of vessel in performance of the specification

k. Agreements. To be determined responsible, a prospective contractor must possess an MSRA, ABR or submit acceptable evidence in lieu of the aforementioned to effectively communicate and demonstrate its ability to obtain required resources.

(c) The government reserves the right to perform a site survey(s) for verification of policies, procedures, capabilities and facilities prior to award.

C – 2 List of Standard WIs included for this solicitation:

GENERAL SERVICES 0000 Category

0001 – Intent Scope General Requirements A

0002 – Technical Representatives A

0003 – Approach, Berthing and Mooring A

0004 – Quality and Testing Assurance A

0005 – Electrical Safety Requirements A

0006 – Heavy Weather Plan A

0007 – Cold Weather Plan A

0010 – OMT Office A

0011 – General Services A

0012 – Information Technology Services A

0013 – Project Planning and Monitoring A

0014 – Weight and Moment Report A

0015 – ILS GFM A

0016 – Fire Protection A

0017 – Handling Stores A

0018 – Delivery and Redelivery A

0019 – Shipboard Access A

0020 – Gas Free Certificates A

0021 – Clean, Voids, Tanks and Gas Free A

0022 – Machinery Space Turnover, Dock and Sea Trials A

0023 – Hazardous Waste Disposal A

0024 – Physical Security Cat A A

0025 – Physical Security Cat B B

0030 – Continuation of Services B

HULL STRUCTURE 0100 Category

0101 – EPF-1 USNS SPD RCR Modifcation A

0102 – Aluminum Welding Inspector Provide A

0103 – Structural Inspections Weld Repair A

0104 – TEPF CSI Flight Deck Tie Down B

0200 MACHINERY AND PROPULSION Category

0300 ELECTRICAL Category

0400 COMMUNICATIONS AND NAVIGATIONS AIDS Category

0500 MACHINERY AUXILIARIES Category

0600 HABITABILITY Category

0700 SPONSOR EQUIPMENT Category

0800 HVAC Category

0900 DRYDOCK Category

0901 – Dry docking and undocking the vessel A

0902 – Repair UW Hull Coating A

0903 – Ride Control System Maintenance A

1000 DECK/UNREP/CARGO GEAR

Section D - Packaging and Marking

WOOD PACKAGING MATERIAL (WPM) - ADDITIONAL DELIVERY INSTRUCTIONS

In accordance with the requirements of International Standards for Phytosanitary Measures (ISPM) 15, the following commercial heat treatment process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood Packaging Material (WPM). WPM is defined as wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frames, and cleats. Packaging materials exempt from the requirements are materials that have undergone a manufacturing process such as corrugated fiberboard, plywood, particleboard, veneer and oriented strand board. All WPM shall be constructed from Heat Treated (HT to 56 degrees Centigrade for 30 minutes) lumber and certified by an accredited agency recognized by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see

URL: http://www.alsc.org). All materials must include certification markings in accordance with ALSC standards and be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides and ends of the pallet and be contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved "DUNNAGE" stamp. Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry.

http://www.alsc.org/

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 N/A N/A N/A N/A

0002AA Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

252.217-7005 Inspection and Manner of Doing Work JUL 2009

252.217-7006 Title DEC 1991

252.217-7013 Guarantees DEC 1991

Section F - Delivery and Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-MAR-2020 TO

06-JUN-2020

N/A N/A

0002 N/A N/A N/A N/A

0002AA POP 15-MAR-2020 TO

0003 POP 15-MAR-2020 TO

0004 POP 15-MAR-2020 TO

0005 N/A N/A N/A N/A

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

52.247-55 F.O.B. Point For Delivery Of Government-Furnished

Property

JUN 2003

F-1 SHIP AVAILABILITY PERIOD

It is anticipated the ship will arrive at contractor’s yard on or about 15 March 2020. All work shall be completed in no more than 80 calendar days from actual start date designated by the Government at time of contract award.

F-2 PLACE OF PERFORMANCE

The place of performance for this contract shall be the contractor’s facility.

Section G - Contract Administration data

ADDENDUM TO 252.232-7006

The following information, at a minimum, must be attached into Wide Area Work Flow (WAWF) and submitted with each and every invoice showing certification with the Onsite Management Team prior to submission:

CLIN #

Contra ct Price

Throug h Mod

P0000x

Complete

Contract

Completed

Less

Retainage

Less Prev

Payments

Amount due this

Invoice

Total Invoiced to Date ($)

0002AA

0003 Option

0004 Option

0005 Option

Military Sealift Command

Administrative Contracting Officer

Military Sealift Command Ship Yard Representative

Port Engineer

(End of instructions)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

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

“Document type” means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

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

“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 WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-

7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data

Interchange, or File Transfer Protocol.

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

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

INVOICE

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

(ii) For fixed price line items—

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

Officer.

WAWF COMBO WITH STANDARD RECEIVING REPORT

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the

Contracting Officer.

NOT APPLICABLE

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

https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

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

(v) For commercial item financing, submit a commercial item 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 WAWF “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 WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC N32205

Issue By DoDAAC ____

Admin DoDAAC** ____

Inspect By DoDAAC ____

Ship To Code N62387

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(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 financing 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 DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s

WAWF point of contact.

MSCHQ_WAWF@navy.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

mailto:MSCHQ_WAWF@navy.mil

(End of clause)

Section H - Special Contract Requirements

SECTION H CLAUSES

H-1 OPTION FOR INCREASED QUANTITIES

The Government may require delivery of the numbered line items identified in Section B as option items in any amount up to the unit quantities and at the unit prices stated in the contractor’s J-3, “Contractor Price Breakdown –

Category B Items.” The KO may exercise the options by giving the contractor written notification or via issuance of standard modification (SF 30). Delivery of option items shall be within the performance period identified in Section

F unless the parties otherwise agree.

H-2 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 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) Definitions. 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 Ship’s

Master and CHENG as well as the PPE by demonstrations, completed test memoranda, or other means reasonably acceptable to the Ship’s Master and CHENG, as well as the PPE, 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, is 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 Ship’s Master and CHENG, as well as the Principle Port

Engineer, thereof and shall immediately take all reasonable steps to prevent further discharge. Within 24-hours thereafter, the contractor shall file with the Ship’s Master and CHENG, as well as the PPE, the "Oil or Hazardous

Substance Discharge Report.”

(e) Liability. The contractor shall be liable to the Government for all such costs of removal of such oil, oily mixture, or hazardous substance where such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the contractor. All documentation related to such waste shall bear the contractor’s generator number in accordance with WI 0023 HAZARDOUS WASTE DISPOSAL AT A

CONTRACTOR'S FACILITY. The contractor shall not be liable for the costs incurred by the Government for the removal of such oil, oily mixture, or hazardous substance when initiated by the Government.

H-3 AGR CONTRACT LINE ITEM NUMBER (CLIN 0002)

(a) The Government may utilize CLIN 0002 for and not limited to, man-hours generated from a discrepancy found between WIs and the current conditions or a needed repair found during the open and inspect phase of the WI.

This work may consist of supplemental, emergent, or new work. AGR does not include work performed pursuant to

DFARS Clause 252.217-7005 - Inspection and Manner of Doing Work, 252.217-7013 - Guarantees, or other contract clauses relating to the correction of defects. The contractor agrees that CLIN 0002 AGR man-hours, if ordered, shall be performed concurrently with CLIN 0001 and any or all Category “B” WIs exercised, during the contract’s performance period, without impacting, accelerating, or causing delay or disruption to the work required by the aforementioned WIs, to any other Government contract, or to any other work in progress for the Government.

Work under this CLIN may coincide with ODC, and therefore will be performed concurrently with H-4 (ODC).

(b) As a result of a discrepancy found between the WI and the current conditions or a needed repair found during the open and inspect phase of the WI, the contractor may submit a CFR to the ACO and the PPE. As a result of this report submission, the ACO may request a proposal from the contractor. Whenever the Government orders

AGR pursuant to this clause, the contractor shall submit a price proposal for such work. This proposal shall be submitted within three (3) days of the receipt of the Government's request for a proposal, or within such additional time provided in writing by the KO. The contractor's failure to submit its proposal within the three (3) day period, or such extended period of time, may be considered a failure of the parties to negotiate a fair and reasonable price for the AGR and will permit the KO to take any of the three (3) options set forth in subparagraph (d) below. AGR proposals shall be priced using the FBLR set forth in Section B, CLIN 0002. The rate established in CLIN 0002 will be used in evaluating the contractor's proposal and will also be used for negotiating changes as required by this clause. As part of the contractor’s proposal submission for AGR, the following shall be included:

- FBLR

- Proposed Labor Mix/Categories

- Proposed Man Hours

- Total Proposed AGR

(c) Considering FBLRs have been pre-approved in CLIN 0002, proposal evaluation may be limited to: (1) evaluating the mix of labor categories and associated man-hours to ensure that they are reasonable to meet the

Government’s minimum requirements in addressing these discrepancies or repairs found; and (2) as a result of the mix of labor categories and man-hours, the subsequent AGR price is fair and reasonable IAW FAR 15.404-1(b) –

Price analysis for commercial and non-commercial items. In the event that a fair and reasonable price cannot be negotiated, the KO reserves the right to procure these ODCs utilizing alternative means described in subparagraph

(d), below.

(d) Upon receipt of the contractor's price proposal for the AGR the contractor and the KO shall negotiate the scope of the effort. If a fair and reasonable price cannot be negotiated between the contractor and the KO, the KO reserves the right to:

(1) Have the work performed by the Government;

(2) Issue a unilateral modification;

(3) Cancel the requirement.

(e) The contractor knowingly and voluntarily waives all claims against the Government and/or other third-party contractors for delay, disruption, loss of efficiency, or other impact arising out of or based upon the presence of Government or other contractor employees performing the AGR at the contractor's facility. Furthermore, in cases described in sub-paragraphs (d)(1) and (2) above, the contractor waives any right to claims of interference under the

DFARS Clause 252.217-7011 - Access to Vessels.

(f) The contractor warrants and hereby certifies that its price for the firm fixed portion of this contract (CLIN

0001) does not include any amount for AGR (CLIN 0002). Settlement of AGR (CLIN 0002) will be for the purpose of providing funding. In the event the Government requires additional work, authorization to proceed shall be made only by the KO. The Contractor is to perform and invoice against CLIN 0002 ONLY for work that has been

AUTHORIZED through a settled CCO and incorporated into the contract through a contract modification. All funding remaining on CLINs 0001 through 0005 at contract completion shall be de-obligated.

H – 4 OTHER DIRECT COSTS (CLIN 0002)

(a) The Government may utilize CLIN 0002 for and not limited to, material and equipment generated from a discrepancy found between WIs and the current conditions or a needed repair found during the open and inspect phase of the WI. This work may consist of supplemental, emergent, or new work. ODC does not include work performed pursuant to DFARS Clause 252.217-7005 - Inspection and Manner of Doing Work, 252.217-7013 -

Guarantees, or other contract clauses relating to the correction of defects. The contractor agrees that CLIN 0002

ODC, if ordered, shall be performed concurrently with CLIN 0001 and any or all Category “B” WIs exercised, during the contract’s performance period, without impacting, accelerating, or causing delay or disruption to the work required by the aforementioned WIs, to any other Government contract, or to any other work in progress for the

Government. Work under this CLIN may coincide with AGR, and therefore will be performed concurrently with H-

3 (AGR).

(b) As a result of a discrepancy found between the WI and the current conditions or a needed repair found during the open and inspect phase of the WI, the contractor may submit a CFR to the ACO and the PPE. As a result of this report submission, the ACO may request a proposal from the contractor. Whenever the Government orders

ODC pursuant to this clause, the contractor shall submit a price proposal for such work. This proposal shall be submitted within three (3) days of the receipt of the Government's request for a proposal, or within such additional time provided in writing by the KO. The contractor's failure to submit its proposal within the three (3) day period, or such extended period of time, may be considered a failure of the parties to negotiate a fair and reasonable price for the ODC and will permit the KO to take any of the three options set forth in subparagraph (d) below. As part of the contractor’s proposal submission for ODCs, the following shall be included:

Material

-Part number

-Order quantity

-Unit price

-Total price

Equipment

- Part number

- Order quantity

- Unit price

- Total price

Other Direct Costs not captured above

- Travel

- Per diem (lodging, M&IE daily rates)

- Subcontractor Proposal Breakdown shall include but not be limited to, Material (Part number, Order

Quantity, Unit Price, and Total Price), equipment (Part Number, Order Quantity, Unit Price, and Total

Price), labor (FBLR, Proposed Labor Mix/Categories, and Proposed Manhours), and ODC (Travel and Per

Diem)

- Etc.

The G&A and profit rates proposed shall be the same as the rates provided under CLIN 0002 in the contract.

(c) Considering, G&A and profit rates have been pre-approved in CLIN 0002, proposal evaluation may be limited to: (1) evaluating the mix of ODCs proposed to ensure that they are reasonable to meet the Government’s minimum requirements in addressing these discrepancies or repairs found; and (2) the costs of the ODCs are fair and reasonable IAW FAR 15.404-1(b) – Price analysis for commercial and non-commercial items. In the event that a fair and reasonable price cannot be negotiated, the KO reserves the right to procure these ODCs utilizing alternative means described in subparagraph (d), below.

(d) Upon receipt of the contractor's price proposal for the AGR the contractor and the KO shall negotiate the scope of the effort. If a fair and reasonable price cannot be negotiated between the contractor and the KO, the KO reserves the right to:

(1) Have the work performed by the Government;

(2) Issue a unilateral modification;

(3) Cancel the requirement.

(e) The contractor knowingly and voluntarily waives all claims against the Government and/or other third-party contractors for delay, disruption, loss of efficiency, or other impact arising out of or based upon the presence of Government or other contractor employees performing the ODC at the contractor's facility. Furthermore, in cases described in sub-paragraphs (d)(1) and (2) above, the contractor waives any right to claims of interference under the

DFARS Clause 252.217-7011 - Access to Vessels.

(f) The contractor warrants and hereby certifies that its price for the firm fixed portion of this contract (CLIN

0001) does not include any amount for the ODC (CLIN 0002). Settlement of ODC (CLIN 0002) will be for the purpose of providing funding. In the event the Government requires additional work, authorization to proceed shall be made only by the KO. The contractor is to perform and invoice against CLIN 0002 ONLY for work that has been

AUTHORIZED through a settled CCO and incorporated into the contract through a contract modification. All funding remaining on CLINs 0001 through 0005 at contract completion shall be de-obligated.

H-5 EMPLOYMENT OF NAVY 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 KO. 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-6 ASBESTOS REMOVAL REQUIREMENTS

(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 OSHA Action level airborne concentration (currently 0.1 f/cc of air).

(d) During removal or disturbance, the contractor shall control airborne asbestos concentrations outside the removal boundary to less than 0.1 f/cc 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 f/cc.

(f) In all respects, the performance of air sampling and analysis shall be performed in accordance with the

OSHA Reference Method (Appendix A of 29 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 (4) 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 a

CIH by the ABIH.

(4) Laboratory analysis of samples shall be performed by a participant in the AIHA 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 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 fines 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.

H-7 SUBCONTRACTOR SUBSTITUTION

Post-award substitution of any major subcontractor should not be effected unless the proposed substitution is submitted to the KO and official approval is obtained. The post-award substitution or insertion of a second-tier subcontractor will be treated in the same manner as the substitution of a major subcontractor and will require specific approval by the KO.

H-8 SUBSTITUTION OF KEY PERSONNEL

(a) General Clause. The contractor agrees to assign to this contract those persons identified as key personnel whose resumes were submitted with the proposal and who are necessary to fulfill the requirements of this contract.

No substitution of key personnel shall be made except IAW this clause.

(b) Guidance on Substitutions. All proposed substitutions must be submitted, in writing, at least seven (7) days in advance of the proposed substitutions to the KO and must provide the information required by paragraph (c) below.

(c) Request for Substitution. All requests for substitution must provide a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information as requested by the KO. All proposed substitutes must have qualifications equal to or higher than the qualifications of the person to be replaced. The KO or his authorized representative will evaluate such requests and promptly notify the contractor of the approval or disapproval thereof.

H – 9 WAIVER OF CLAIMS

All requests for equitable adjustment to the contract price and any other claims whatsoever for monies due under this contract must be submitted to the KO pursuant to FAR Clause 52.233-1 Alt I - Disputes within six (6) months of the redelivery of the ship. All requests for equitable adjustment that are not submitted within the six (6) month limit shall be deemed to have been waived by the contractor.

H – 10 UTILIZATION OF TRAVEL AND PERDIEM IN CONDUCTING CHANGE ORDERS

The contractor shall demonstrate due diligence in the assessment, evaluation, and determination resulting in the proposed utilization of other than local specialized labor resources.

Only with KO approval to proceed will a contractor, technical representative, or subcontractor be reimbursed for reasonable per diem costs (transportation, travel expenses, lodging, meals, and incidental expenses) required in connection with the associated change order. Per diem costs are considered reasonable, allowable, and reimbursable only to the extent that they do not exceed the allowed per diem rate in effect at the time of travel as set forth in the

FTR, JTR, or Standardized Regulations as set forth in FAR 31.205-46.

Section I - Contract Clauses

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-1 Approval of Contract DEC 1989

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-23 Prohibition on Contracting for…