IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
IN ADMIRALTY
BAE SYSTEMS NORFOLK SHIP ) REPAIR INC., )
) Plaintiff, )
) v. ) Case No. __________________________
) THE UNITED STATES OF AMERICA, ) through the DEPARTMENT OF THE ) NAVY, and its activity, the Mid-Atlantic ) Regional Maintenance Center ) VERIFIED COMPLAINT
) Defendant. )
____________________________________)
For its Complaint against the United States of America, acting through the Department of
the Navy, Mid-Atlantic Regional Maintenance Center (the “Defendant” or “Navy”), Plaintiff BAE
Systems Norfolk Ship Repair Inc. (“BAE NSR”) states:
NATURE OF THE ACTION
1. This is a civil action brought by BAE NSR under the Contracts Disputes Act of
1978, 41 U.S.C. §§7101, et seq. because the Navy refuses to pay BAE NSR—and its
subcontractors Accurate Marine Environmental (“AME”) and Surface Technologies Corporation
(“STC” and together, “Subcontractors”)—money they are rightfully owed for work the Navy
cannot dispute they performed.1
2. BAE NSR is a leading provider of emergency and planned ship repair,
modernization, and overhaul services for commercial and military customers. BAE NSR has
1 BAE NSR is sponsoring its Subcontractors’ claims under the Contract Disputes Act.
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contracted with, and provided these services to the Navy, which is its primary customer for more
than 50 years. And BAE NSR uses subcontractors like AME and STC to help provide these
services to the Navy.
3. One such contract—and the one at issue here—concerns the USS BATAAN (LHD-
5) (the “BATAAN” or “Ship”). The BATAAN is a multipurpose amphibious assault ship.
Although the Navy can use the Ship for non-combatant evacuation and other humanitarian
missions, the BATAAN’s primary mission is to enable the Navy and the U.S. Marine Corps to
accomplish a transition seamlessly from the sea to a land battle.
4. The Navy scheduled the BATAAN for repair, maintenance, and systems alterations
to update and improve the Ship’s military and technical capabilities in September 2017. BAE
NSR competed for and was awarded Contract No. N00024-16-D-4411, Delivery Order No.
N00024-17-F-4138 (the “Contract”) to provide the repairs, maintenance, and systems alterations
updates called for in the Contract. Relevant portions of the Contract are attached as Exhibit 1.
5. BAE NSR and its Subcontractors performed the work specified in the Contract that
they could, despite the Navy’s inability to perform some of its contractual obligations. BAE NSR
and its Subcontractors also performed additional work not called for under the Contract’s original
terms, and sometimes had to unnecessarily re-do work for no supportable reason.
6. Due to the Navy’s delays, BAE NSR was unable to complete all of the work
required of it by the Contract during the Contract’s term, generally known as an Availability. The
Navy, though, told BAE NSR and its Subcontractors to keep working, which they did.
7. Doing so caused BAE NSR and its Subcontractors to incur certain amounts beyond
those provided for in the Contract. The Navy refused to pay BAE NSR and its Subcontractors for
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such work and thus BAE NSR properly submitted to the Navy a Request for Equitable Adjustment
(“REA”) to obtain the amounts BAE NSR and its Subcontractors are entitled to receive.
8. The Navy did not respond. BAE NSR was forced to convert its Request for
Equitable Adjustment into a Claim demanding a Contracting Officer’s Final Decision for the
amounts still owed to it and its Subcontractors for certain work performed after the Contract’s
term, and the additional work the Contract did not contemplate.
9. In doing so, BAE NSR followed all the requirements of the Contracts Disputes Act
of 1978, 41 U.S.C. §§7101, et seq. to seek payment of the additional monies still owed to it and its
Subcontractors. The Navy responded with the Contracting Officer’s Final Decision, which refused
to pay BAE NSR and its Subcontractors the full amounts they are owed.
10. By failing to pay BAE NSR and its Subcontractors the amounts demanded in the
Claim, the Navy breached the Contract causing BAE NSR and its Subcontractors to suffer
damages. Thus, BAE NSR and its Subcontractors must seek the Court’s assistance to do what the
Navy should have done in the first instance—pay for the work the Navy does not dispute BAE
NSR and its Subcontractors performed.
PARTIES
11. Plaintiff BAE NSR is a Virginia corporation with its principal place of business
located at 750 West Berkley Avenue, Norfolk, VA 23523.
12. Defendant is the United States of America, acting through the Department of the
Navy, Mid-Atlantic Regional Maintenance Center, located at 9727 Avionics Loop, Norfolk, VA
23511.
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JURISDICTION AND VENUE
13. Jurisdiction in this Court is proper because (i) this action is a claim for a maritime
matter, i.e., a ship repair issue, brought under the Contracts Disputes Act of 1978, 41 U.S.C.
§§7101, et seq. (the “CDA”) arising from the Contract; and (ii) this is an admiralty and maritime
claim under Fed. R. Civ. P. 9(h) and brought, in accordance with CDA § 41 U.S.C. §7102(d) for
“Maritime contracts” under the Suits in Admiralty Act, 46 U.S.C. §30901, et seq., and the Public
Vessels Act, 46 U.S.C. §31101, et seq.
14. Venue is proper in this Court under 28 U.S.C. § 1391 and Local Rule 3(C) because
(i) CDA §§ 7102(d) and 7104(b) permits BAE NSR to sue in this United Stated District Court; (ii)
BAE NSR repaired the Ship in Norfolk, Virginia but the Navy did not pay BAE NSR and its
Subcontractors for all of their services thus the events giving rise to BAE NSR’s claims occurred
in this Court’s District and Division; (iii) BAE NSR resides and has its principal place of business
in Norfolk; (iv) the Navy executed the Contract in Norfolk; and (v) the Navy has facilities and a
presence in Norfolk.
15. BAE NSR is properly requesting service under Fed. R. Civ. P. 4.
FACTUAL BACKGROUND
A. The Contract
16. During all relevant times, the BATAAN was located at the Navy’s Norfolk,
Virginia facility.
17. The BATAAN was due for scheduled repairs and maintenance in September 2017.
The Navy conducted a competitive procurement to select a contractor to work on the Ship.
18. BAE NSR submitted a competitive proposal for the work. On September 7, 2017,
the Navy awarded BAE NSR the Contract to provide specified work on the BATAAN. The
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Contract was for a firm, fixed price in the amount of $13,496,933, plus options for a potential total
of $45,784,320, and a total evaluated price of $51,596,952.
19. The Contract’s original terms required BAE NSR to furnish material, support
(including electrical, crane, and rigging), and facilities (except those furnished by the Navy under
the Contract’s terms) and to provide the management, technical, procurement, production, testing,
and quality assurance necessary to prepare and accomplish the repair and alteration of the
BATAAN during the original availability, scheduled from November 6, 2017 to July 13, 2018 (the
“Original Availability”).
20. The Contract’s terms and conditions also include Federal Acquisition Regulation
clause 52.243-1, CHANGES-FIXED PRICE (“the Changes Clause”), and Defense Federal
Acquisition Regulation Supplement clause 252.217-7003, CHANGES.
21. As work progressed during the Original Availability, BAE NSR determined that it
needed to submit Requests for Contract Change (“RCCs”) to address growth and new work needed
for the BATAAN. The Contract describes growth and new work as work that BAE NSR needed
to perform but was unknown and unknowable until the Ship arrived and the Contract work began.
22. Almost from the beginning of performance, there was a delay in the Navy’s
response to, and settlement of, RCCs. Unfortunately, because the Contract was for a firm, fixed
price, there was insufficient funds available to the Navy to allow it to authorize/add the growth
and new work to the Contract’s scope of work. In large part, the Navy’s lack of available funding
for growth and new work identified during the Original Availability caused many delays.
23. The Navy used the “upward obligation” process to locate and acquire the additional
government funds needed to pay for growth and new work needed on the BATAAN. Each upward
obligation is a lengthy process from start to finish and it takes many months for funds for additional
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growth and new work to become available. Because of the resulting delay caused by the upward
obligations process, the Navy extended the Ship’s availability four times, from July 13, 2018 to
November 9, 2018 (“the Availability”). During this time, BAE NSR worked diligently to complete
all work on the Ship not otherwise prevented by the Navy.
24. As the Availability’s end date neared, BAE NSR expected that the Navy, as it had
done in the past, would unilaterally extend the Availability again, providing time and the funding
necessary to complete outstanding items. No extension was granted. The Contract’s Availability
ended on November 9, 2018.
B. The Parties discuss the Contract after the Availability ends
25. The next day, the Navy issued a letter to BAE NSR claiming BAE NSR to be in
default of the Contract because it had not delivered a “mission ready” ship on November 9 (the
“November 10 Letter”).
26. In the November 10 Letter, the Navy directed BAE NSR “to accomplish all
outstanding contractual requirements” identified in that letter’s Enclosure 1 labeled Incomplete
Work/Discrepancy List (the “Discrepancy List”).
27. The November 10 Letter limited BAE NSR’s continuing performance to only those
work items called out in the Discrepancy List but omitted several additional work items still
required for a mission-ready ship. BAE NSR thus sought direction from the Navy about work
scope in its letter dated November 16.
28. In that letter, BAE NSR explained that it was not in default and BAE NSR detailed
the status of every item on the Discrepancy List. For nearly all of those items, BAE NSR could
not proceed with its work until the Navy had first completed its own work responsibilities, which
the Navy failed to do. Of the few other items on the Discrepancy List, BAE NSR had either already
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completed them or would complete them by November 29. BAE NSR provided a timeline for
each of the work items, many dating to the Original Availability.
29. BAE NSR also highlighted two examples in which the Navy had given BAE NSR
reason to believe that it would extend the Availability beyond November 9. Three days before the
Availability ended, the Navy issued Reservation Task Request (“RTR”) 3166 for Work Item 123-
10-001, Tanks and Voids (“Work Item 123-10-001”). This work required around twenty three
days to complete, establishing a period of performance through November 29. The Navy had also
issued RTR 3177 for Work Item 631-13-002, Ramp and Sump; Preserve; this work would require
until November 15 to complete. Both of these RTRs required work extending beyond the
Contract’s Availability.
30. BAE NSR also notified the Navy that the Navy’s continued dumping of liquids into
the bilge spaces prevented BAE NSR from completing Work Item 992-31-001, Cleaning and
Pumping (“Work Item 992-31-001”). BAE NSR could not finish its work as long as the Navy
continued to dump liquids, and BAE NSR’s continued efforts to finish Work Item 992-31-001
constituted a Contract change.
31. BAE NSR’s November 16 letter thus notified the Navy that its actions were
Contract changes and that BAE NSR was reserving its rights. The letter also summarized
government delay in: (i) obtaining funding through upward obligations, (ii) providing government
furnished material, and (iii) completing the scope of work to be performed by the Navy’s own
personnel (“Ship’s Force”). These delays, of more than six months, forced BAE NSR to re-
sequence its work, created inefficiencies in the schedule, and caused BAE NSR to incur additional
costs.
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32. On November 19, the Navy submitted a revised discrepancy list (“Revised
Discrepancy List”), adding six work items, and reminding BAE NSR to complete Work Item 992-
31-001 “through completion of the remaining outstanding work items.” The Navy also told BAE
NSR to complete Work Item 583-90-001, SCD 75091K Class Boat Davit, Replace (“Boat Davit
Work Item”).
33. BAE NSR responded to the Navy’s letter on November 21. BAE NSR questioned
the status of the items in the Revised Discrepancy List. BAE NSR again informed the Navy that
it considered the Navy’s addition of work after the Availability ended to constitute a contractual
change.
C. Work on the Ship continues from November 10, 2018 through March 4, 2019
34. After the Availability ended, between November 10, 2018 and March 4, 2019, the
Navy required BAE NSR to complete certain work items that were in the Contract, but not
completed because of the Navy’s delays, and to provide expanded effort for work that the Navy
requested but had not added to the Contract.
35. The Navy’s directions included changes to itemized work and added work scope.
For example, the Navy directed BAE NSR to add multiple pendant and wire installations on the
Flight Deck Safety Nets. This work was outside the Contract’s work item specifications.
36. The Navy also directed BAE NSR to perform work not included in the Revised
Discrepancy Lists’ work specifications.
37. As a result, BAE NSR’s small business subcontractor, AME, provided additional
cleaning, pumping and disposal services under Work Items 992-31-001 and 123-10-001, in direct
and required support of the Navy’s Contract change.
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38. BAE NSR continued to work on the items identified in the Revised Discrepancy
List and completed most of them by December 5, 2018. The items that BAE NSR had not
completed were mainly testing, which could not occur until after the Navy’s own personnel had
completed its work. But Ship’s Force personnel efforts were often at a standstill because they
were on extended leave during the November and December 2018 holidays.
39. During this time, BAE NSR had superintendents and other personnel in the Project
Management Office (“PMO”)2 labor category onboard the BATAAN waiting, idle, for Ship’s
Force personnel to complete work so that BAE NSR could then complete its testing requirements
for certain work items and receive government approval.
40. Because of the Navy’s delays, BAE NSR often needed to adjust work schedules
and personnel, incurred lost productivity, and had to be present on the Ship in case Ship’s Force
personnel became available to test systems repaired on a BAE NSR work item. As a result, BAE
NSR had to incur additional PMO costs.
41. This lost productivity resulted from the Navy’s inability to complete its work on
the outstanding work items and to satisfy its contractual obligations. Ship’s Force personnel
delayed BAE NSR’s ability to complete the Contract and deliver a mission-ready ship.
42. Despite requiring the foregoing additional and changed work, the Navy never
formally amended the Contract. Thus, the Navy either constructively extended or constructively
changed the Contract. Even so, at the Navy’s direction, BAE NSR continued to work and had a
2 The PMO labor category refers to personnel who perform certain administrative functions, such as Quality Assurance, Environmental, Safety, Medical, Ship Supervision, Contracts, Finance, Planning, Purchasing, and Subcontracts; they are necessary for BAE NSR to perform work during a ship’s availability. BAE NSR develops a daily rate to provide these combined administrative functions and this rate is multiplied by the days these support functions are required for each ship.
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right to be compensated—it still does—for the costs to perform the additional work and support
the Navy requested.
D. BAE NSR requests an equitable adjustment
43. The Navy refused to pay BAE NSR certain amounts owed for work performed both
before and after the Availability ended.
44. BAE NSR thus submitted a Request for Equitable Adjustment (the “REA”) on July
12, 2019, seeking the payment of $1,331,058.
45. The REA sought fair and reasonable compensation for the PMO costs BAE NSR
incurred for the period of December 5, 2018 through March 4, 2019, all of which BAE NSR
incurred after the Availability ended. The REA included examples of delays caused by the Navy,
which created the need for BAE NSR to provide continued PMO support. The specific delays
referenced in the REA pertained to several work items, including Work Items 992-31-001 and the
Boat Davit Work Item.
46. BAE NSR was unable to complete some of its Contract work during the
Availability, in part, because of the delays associated with the work items discussed in the REA.
But to perform this work after the Availability, BAE NSR needed to provide PMO support. BAE
NSR’s bid proposal did not include, and the Contract did not provide, an amount to compensate
BAE NSR for PMO support provided after the Availability ended. BAE NSR provided such
support. Yet the Navy refused to pay BAE NSR for those services.
47. BAE NSR was not the only one the Navy was refusing to pay. The Subcontractors
also provided services not contemplated by the Contract. Thus, to obtain payments owed but not
paid to them, the Subcontractors submitted their own Requests for Equitable Adjustments which
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were included in BAE NSR’s REA. BAE NSR also requested payment of its mark up for its
Subcontractors’ REAs.
E. AME’s request for an equitable adjustment
48. In preparing its bid for the BATAAN, AME scrutinized and priced the requirements
of Work Items 992-31-001 and 123-10-001. At the Navy’s direction, AME’s Work Item 992-31-
001 pricing also included service allowances for various work items that would require AME’s
pumping and removal of system fluids. AME’s bid depended on a start date of November 6, 2017,
and a stop date on the Ship’s production completion date (“PCD”) of May 30, 2018.
49. AME began work on the BATAAN in November 2017. During the Original
Availability, the Navy identified additional growth and new work and the Navy issued RCCs to
cover this work. AME, through BAE NSR, received the RCCs and priced AME’s services for the
growth and new work RCC’s for Work Items 992-31-001 and 123-10-001, and other work items,
through May 30, 2018.
50. In May 2018, BAE NSR advised AME that the Navy would extend the PCD beyond
May 30 due to the late arrival of government furnished materials and the Navy’s delays. AME
submitted reports to the Navy and BAE NSR emphasizing that it’s pricing of Work Items 992-31-
001 and 123-10-001, as well as the other items covered by the Navy’s RCCs, had been based on a
May 30, 2018 end date. AME advised the Navy that it would require a RCC for its
additional/extended work and services beyond May 30, 2018.
51. In late June 2018, the Navy issued RCC 525G for the extension and pricing of
services to a September 11 end date. AME submitted its pricing for RCC 525G on July 3,
2018. Rather than negotiate RCC 525G, the Navy issued Unilateral Contract Modification
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A00011. Unilateral Modification A00011 included $120,000 for AME’s extended service charges
through September 11, which the Navy paid.
52. AME acknowledged in its REA submission that the Navy had paid AME $120,000,
but stated that amount represented only a partial payment of AME’s increased job charges. AME
sought a further equitable adjustment of $261,972.80 for the additional labor hours, material,
equipment, and tanker rental charges that it incurred supporting the additional cleaning, pumping,
and disposal services provided under Work Items 992-31-002 and 123-10-001, other work items,
and the extended RCC 143G charges for the BATAAN from May 31 through September 11.
F. STC seeks an equitable adjustment as well3
53. STC was a BAE NSR subcontractor for the Contract under BAE Systems Purchase
Order No. 5101348 (the “STC Subcontract”). Under the STC Subcontract, STC was to perform
work under various work items, including Work Item 634-21-001, Flight Deck, Catwalk and
Platform Nonskid, replace (“Work Item 634-21-001”). Work Item 634-21-001 included the
requirements for deck coatings removal, surface preparation, and replacement of deck coatings
including nonskid paint. The STC Subcontract flowed down many terms of the Contract including,
without limitation, the specifications and the Changes Clause.
54. STC fully performed its obligations under Work Item 634-21-001. On June 18,
2018, STC completed all contracted work for the Ship’s Zone #5 (“Zone #5”) including steel
profiles, primer installation, primer dry film thickness, and nonskid installation. The appropriate
STC quality assurance personnel, BAE NSR, and the Navy completed and approved all required
inspections. STC provided documentation of the inspections.
3 The REA also included requests for other BAE NSR subcontractors. The Complaint does not include those other subcontractor Requests for Equitable Adjustment or claims.
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55. Ten days later, STC received an engineering service request (“ESR”) stating that
the Navy was concerned that STC’s application of nonskid paint in Zone #5 was questionable
because Ship’s Force personnel alleged that STC did not thoroughly mix the nonskid paint and
that STC employees were “beating the cans on the deck.”
56. Upon information and belief, that Navy crew member alleged that STC did not
adequately mix some of the nonskid paint materials to be applied for a full period of sixty seconds.
The crew member’s allegation did not specify which deck areas STC had painted with the allegedly
under-mixed paint or how many cans of nonskid paint were allegedly under-mixed. Besides the
Navy crew member’s unsubstantiated personal observation, there was no other evidence of this
violation.
57. Upon information and belief, the Navy crew member alleging this error was not an
authorized inspector, had no contractual authority, and could not legally direct work on the
Contract or the STC Subcontract.
58. On June 29, STC denied these allegations, stating that all application complied with
Naval Sea Systems Command (“NAVSEA”) Standard Item 009-32, paragraph 3.11.7.2.
59. On July 11, to resolve the Navy’s concerns, STC asked the manufacturer’s expert
to inspect STC’s work performed on Zone #5. After doing so, the expert concluded that the Navy’s
concern that the nonskid paint would not cure properly was ill-founded and should be of no
concern. STC also issued a letter to the Navy two days later providing a one-year warranty on the
nonskid paint.
60. Despite these assurances, on August 1, the Navy issued a Letter of Direction to
BAE NSR stating that the nonskid paint had to be removed and reinstalled because the “nonskid
was improperly mixed and [would] not cure thoroughly nor perform for its expected service life.”
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61. STC requested the Navy reconsider its position, given the many documented
sources verifying the sufficiency of STC’s work on Zone #5. STC also requested permission to
perform other NAVSEA approved tests to verify whether STC applied the nonskid paint in a
questionable manner so that the nonskid paint would fail. The Navy agreed to have these tests
performed.
62. On October 28, two Certified National Association of Corrosion Engineers
(“NACE”) inspectors, Reuben Lewis of STC and Morris Williams of Randolph Coatings, along
with Stacey Schlosser of ITW Corporation and STC’s Vice President, Brian Stump, conducted the
NAVSEA approved tests. The NAVSEA tests confirmed STC had properly installed the nonskid
paint and there would be no need for removal and reinstallation.
63. On October 30, STC sent Chris Bruckner, the Mid-Atlantic Regional Maintenance
Center’s engineer, documentation of the NAVSEA approved test results and requested that the
Navy reconsider its formal direction to replace the nonskid paint in Zone #5.
64. The next day, Mr. Bruckner again directed BAE NSR to remove and reinstall the
nonskid paint for Zone #5. STC complied and performed the removal and reinstallation.
65. As a result of the Navy’s direction to STC to remove and reinstall the nonskid paint
in a large area of some 7,525 square feet, despite substantial evidence showing STC satisfactorily
performed the first installation with no defects or legitimate cause for concern, STC incurred
additional costs of $179,000. This includes $64,980 in labor costs and $114,020 in materials costs.
66. Because allegations of defective work are a Navy or Government claim, the Navy
has the burden of proving that the work was defective, that it required rework, and that the rework
required only covered the amount of work that was allegedly defectively performed. The Navy
has met none of these required burdens of proof.
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67. Moreover, the Navy’s direction was a change to the Contract and, in not
compensating STC for its costs to remove and re-install the nonskid coating, the Navy breached
the Changes Clause.
G. The Contracting Officer’s Final Decision
68. The REA requested $1,331,058 in damages, which included BAE NSR’s damages
in the amount of $865,327, AME’s damages in the amount of $249,005, and STC’s damages in
the amount of $179,000.4
69. The Navy ignored the REA and did not pay any of the requested damages. As a
result, on August 30, 2019, BAE NSR converted the REA into a properly certified claim under 41
U.S.C. §7103(b) and 48 C.F.R § 33.207 (the “Claim”), which demanded in writing a sum certain
as a matter of right and sought a Contracting Officer’s Final Decision.
70. The Navy responded with its Contracting Officer’s Final Decision (“COFD”) on
February 24, 2020. The Final Decision arbitrarily denied all but $230,622 of BAE NSR’s
$1,331,058 claim.
71. The items addressed in the COFD respond to Section II.D.1 of the REA, labelled
“Some Examples of Government-Caused Delay,” and to some of the BAE NSR subcontractor
costs detailed in the “Quantum” section of the REA, Sections IV.B-IV.D.
72. The Navy issued the COFD under the Contract. Of the nine items identified in the
REA, the COFD denied four of them (items 1, 2, 5 and 9) in their entirety. The COFD detailed its
position for six of the items as related to delay and three as related to extra work on specific work
item issues.
4 The Claim also included $70,716 in additional costs incurred by another subcontractor. Those costs are not part of this Complaint. See Paragraph 88.
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73. Delay item 1 pertains to Work Item 992-31-001. The COFD determined this work
item had not been delayed, and denied this portion of the Claim including BAE NSR’s requested
PMO costs associated with it.
74. Delay item 2 relates to the Boat Davit Work Item. The COFD denied BAE NSR’s
request for PMO costs related to this item asserting that BAE NSR caused the delay, not the Navy.
75. Delay item 3 pertains to Work Items 589-11-001, Starboard Sideport Cargo Crane
repair, and 589-62-001, Port and Starboard Sideport Shell Door repair. The COFD concurred with
BAE NSR’s claim for 13 days of PMO support for the period November 28, 2018 through
December 10, 2018, in the amount of $25,305.
76. Delay item 4 relates to load bank testing equipment. The COFD agreed to pay BAE
NSR for its extended equipment rental costs while the Navy worked through issues stabilizing the
steam plant. Neither the REA nor the Claim requested these costs.
77. Delay item 5 pertains to Work Item 612-21-001, Aircraft Elevator Platform and
Flight Safety Nets; repair. The COFD found this claim had no merit and denied it in its entirety.
78. Delay item 6 pertains to light off of the steam boiler. The COFD agreed that BAE
NSR was entitled to PMO costs associated with standing by during the Ship’s attempts to light off
for the period December 5, 2018 to March 4, 2019. The COFD agreed to pay $56,535, which
covers only 1 superintendent during that timeframe.
79. Item 7 relates to Work Item 631-21-002, Landing Craft Well Deck Overhead,
preserve. The COFD agreed with this claim and the entire $70,716 amount BAE NSR requested.
80. Item 8 pertains to the costs AME requested. The COFD referenced Item 8 as “Work
Item 992-31-002, Cleaning and Pumping; accomplish” (“Work Item 992-31-002”) and denied
AME’s portion of the REA. The COFD notes that the Navy paid AME $120,000 on RCC 525G
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and states: “The costs (sic) was based on parametric estimating from the original bid. AME
originally bid 7,543 man-hours for six and a half months of cleaning and pumping. Now AME is
asking for 7,106 man-hours for three and a half months that is double the amount from the original.
The Government offered $119,823 that included labor, rentals and fees but AME denied the offer.”
81. The COFD acknowledges that AME is entitled to additional compensation for the
increased pumping, cleaning, transportation, and disposal services it provided, but limits AME’s
compensation to a partial payment of the extended Work Item 992-31-002 services. The COFD
ignored AME’s additional services provided under Work Item 123-10-001, the RCC 143 covered
support services, and other work items for the entire PCD extension period. AME’s extended
services were tied directly to the Navy’s extension of the PCD. If AME had not provided these
pumping, cleaning, and disposal services, the Ship would not have been safe and the Navy’s
directed repairs could not have been performed.
82. Rather than compensate AME for its actual job costs from May 31 through
September 11, 2018, the Navy extrapolated/used some form of parametric estimating against
AME’s bid for Work Item 992-31-002 and offered $119,823 to settle AME’s charges for that PCD
extension. Although the COFD describes the $119,823 as an offer, the Navy included this amount
in its Unilateral Contract Modification A00025 (“UCM A00025”), discussed below, without
having met or negotiated with AME to reach a final settlement for its claim.
83. The COFD fails to pay AME the remaining $129,182 in costs for increased labor,
equipment, and material charges it incurred in direct support of the Navy’s extensions of the PCD
from May 31, 2018 through September 11, 2018. The COFD acknowledges that AME was entitled
to additional compensation but limited AME’s compensation to a partial payment of the extended
Work Item 992-31-002 services.
Case 2:20-cv-00457-RBS-DEM Document 1 Filed 09/11/20 Page 17 of 27 PageID# 17
18
84. The COFD also denies compensation to STC for Item 9, to remove and re-deck
designated areas under Work Item 634-21-001 Flight Deck, Catwalk and Platform, Nonskid,
replace. The COFD denied STC’s claim, maintaining that any additional cost incurred using third
party testing and for re-application of Zone #5 nonskid paint rests solely on BAE NSR and STC.
85. In reaching its conclusion stated in the COFD, the Contracting Officer failed to
consider that BAE NSR provided substantial documentation supporting the Claim and BAE NSR’s
efforts to prepare the REA. The REA focused only on the damages resulting from the Navy’s
actions and failures to act that led to the costs BAE NSR claimed.
86. The COFD also denied payment of all BAE NSR burdens, or markups, of overhead
and profit on its Subcontractors’ claims.
87. The Navy issued UCM A00025 on March 27, 2020, which included a liability
determination and obligated $350,445 in funding to the Contract as stated in the COFD.
88. The specific items and amounts requested by BAE NSR, agreed to by the Navy in
the COFD, and paid for by UCM A00025 are:
Cost Amount Sought
Amount
Paid
Balance Remaining
PMO for work completed in the delay period, 5 December 2018 – 4 March 2019
$634,841 $81,840 $553,001
Additional work costs $73,881 $0 $73,881
International Marine & Industrial Applicators REA
$70,716 $70,716 $0
BAE burden $17,527 $0 $17,527
Accurate Marine Environmental’s REA $249,005 $119,823 $129,182
BAE burden $61,720 $0 $61,720
Surface Technologies Corporation’s REA $179,000 $0 $179,000
Case 2:20-cv-00457-RBS-DEM Document 1 Filed 09/11/20 Page 18 of 27 PageID# 18
19
BAE burden $44,368 $0 $44,368
Preparation Costs $32,990 $0 $32,990
Additional rental costs under Item 4 $0 $78,066 $0
TOTAL $1,364,048 $350,445 $1,091,669
89. The $81,840 paid for PMO breaks down to $25,305 for Item 3, and $56,535 for
Item 6.
90. Because the Claim’s Quantum5 did not include the $78,066 payment for rental
costs, the total of the original REA minus the amount paid under UCM A00025 does not equal the
total balance remaining in the REA.
91. The COFD was unreasonable, an abuse of discretion, and/or not in accordance with
the terms of the Contract and the relevant law and facts. For example, the COFD does not address
BAE NSR’s requested PMO charges or burden amounts for any of its subcontractors’ claims; it
also does not address BAE NSR’s entitlement to REA preparation costs.
92. The COFD simply ignores the well supported claims asserted by BAE NSR and its
Subcontractors. The Court should not allow the COFD to stand and should require the Navy to
compensate BAE NSR and its Subcontractors for the work they performed that Navy refuses to
pay for.
5 The “Quantum” is the portion of the REA, incorporated into the Claim, identifying the amounts the Navy owes BAE NSR and its Subcontractors.
Case 2:20-cv-00457-RBS-DEM Document 1 Filed 09/11/20 Page 19 of 27 PageID# 19
20
93. As a result of the Navy’s unreasonable COFD, BAE NSR seeks to recover these
amounts under each of its following theories:
Cost Amount Owed
PMO for work completed in the delay period, 5 December 2018 – 4 March 2019
$553,001
Additional work costs $73,881
BAE burden $17,527
Accurate Marine Environmental’s REA $129,182
BAE burden $61,720
Surface Technologies Corporation’s REA $179,000
BAE burden $44,368
Preparation Costs $32,990
TOTAL $1,091,669
COUNT I
DISPUTE UNDER THE CONTRACT—APPEAL OF THE FINAL DECISION
94. BAE NSR repeats and re-alleges the allegations in all the preceding paragraphs as
if fully set forth herein.
95. BAE NSR and its Subcontractors successfully completed all of the work required
under the Contract or requested of them by the Navy, including the many changes directed in
writing by the Contracting Officer and accepted by the Navy, and has complied with all
prerequisites and conditions precedent for filing this action.
96. The Contract’s terms and conditions include the Changes Clause, which entitles
BAE NSR to payment for any changes that cause an increase in the cost of, or the time required
Case 2:20-cv-00457-RBS-DEM Document 1 Filed 09/11/20 Page 20 of 27 PageID# 20
21
for, performance of any part of the work under the Contract as made in writing by the Contracting
Officer.
97. BAE NSR is also entitled to pass on additional Subcontractor costs and damages
due to the Navy’s changes that caused an increase in the cost of, or the time required for,
performance of any part of the work under the Contract.
98. The Navy failed to provide the compensation requested by BAE NSR and its
Subcontractors for such changes, both directed and constructive, and for such changes in
conditions, means and methods of performance, and schedule.
99. The Navy has failed properly to adjust the Contract for such changes and has failed
to negotiate such changes and impacts, and to issue timely extensions in accordance with the
Contract and its terms, which are incorporated herein by reference.
100. As a result of these contractual failures, BAE NSR and its Subcontractors have a
right to recover the entire amount of the incurred damages resulting from the Navy’s delays and
disruptions in the amount of $ 1,091,669, plus interest, costs, and fees as may be allowable under
applicable Federal Law or such other amount as the evidence may reveal.
101. BAE NSR seeks the adjustment requested in Count I only as an alternative pleading
to the amount sought in Count II and III.
COUNT II
BREACH OF CONTRACT
102. BAE NSR repeats and re-alleges the allegations in all the preceding paragraphs as
if fully set forth herein.
103. BAE NSR and its Subcontractors successfully performed all of their obligations,
and have complied with all prerequisites and conditions precedent under the Contract and have a
Case 2:20-cv-00457-RBS-DEM Document 1 Filed 09/11/20 Page 21 of 27 PageID# 21
22
right to fair and reasonable compensation for their work as an equitable adjustment for the cost of
the Navy’s changes to the Contract.
104. Under the Contract, BAE NSR is entitled to payment for any changes in the work
scope, means, and methods of performance and government-furnished materials, services, and
equipment, and is also entitled to an equitable adjustment for the cost of such changes and
expenditures.
105. Under Federal Acquisition Regulation § 43.204(b)(1), the Navy must negotiate
such equitable adjustments under the Contract and settle all outstanding changes in the “shortest
practicable time.” The Navy has failed to do so despite knowing BAE NSR and its Subcontractors
are entitled to equitable adjustments.
106. The Navy’s failure to pay $1,091,669 for work successfully completed by BAE
NSR and its Subcontractors and accepted by the Navy is a breach of the Contract.
107. As a result of the Navy’s failure to pay BAE NSR and its Subcontractors, the Navy
has breached the Contract including, but not limited to, its obligations under the Federal
Acquisition Regulations relating to contract performance and settling changes.
108. The Navy’s Contract breaches and failures have damaged BAE NSR in the amount
of $1,091,669.
109. The Navy’s Contract breach has also damaged BAE NSR causing it to lose the time
value of the money that the Navy owes BAE NSR and in having to expend significant amounts of
legal and administrative costs to pursue this action.
110. BAE NSR thus seeks breach of contract damages of $1,091,669 as explained in the
Claim, plus such interest, costs and fees as may be allowable under applicable Federal Law, or
such other amount as the evidence may reveal.
Case 2:20-cv-00457-RBS-DEM Document 1 Filed 09/11/20 Page 22 of 27 PageID# 22
23
111. BAE NSR seeks the adjustment requested in Count II only as an alternative
pleading to the amount sought in Count I and III.
COUNT III
QUANTUM MERUIT
112. BAE NSR repeats and re-alleges the allegations in all the preceding paragraphs as
if fully set forth herein.
113. As explained above, BAE NSR provided additional and/or changed work, and
applied additional labor, manpower, materials, subcontractors, and equipment as required to fulfill
the Navy’s directions (the “Additional Work”), even when those instructions exceeded the
Contract’s requirements.
114. If the Court determines that BAE did not perform the Additional Work under the
Contract, then BAE NSR seeks to recover under a quantum meruit claim.
115. The Navy requested BAE NSR and its Subcontractors perform the Additional
Work. But the Navy and BAE NSR and its Subcontractors did not agree on the price the Navy
would pay for the Additional Work.
116. The Navy received the benefit of the Additional Work but has not paid BAE NSR
and its Subcontractors for that work.
117. If the Navy is not required to pay for the Additional Work under the Contract, it
would be inequitable for the Navy to benefit from such efforts and expenditures without paying a
reasonable or fair value for that work.
118. The Navy benefited from the Additional Work in the amount of $1,091,669.
119. The Navy should have to pay as quantum meruit damages to BAE NSR and its
Subcontractors the amount of $1,091,669 or such additional amounts as the evidence may reveal.
Case 2:20-cv-00457-RBS-DEM Document 1 Filed 09/11/20 Page 23 of 27 PageID# 23
24
120. BAE NSR seeks the amount requested in Count III only as an alternative pleading
to the amount sought in Counts I and II.
PRAYER FOR RELIEF
WHEREFORE, BAE NSR respectfully requests that this Court enter judgment in BAE
NSR’s favor and against the Navy and award the following relief:
A. Award BAE NSR $1,091,669 under the Contract’s terms for work successfully
completed and accepted;
B. Award BAE NSR post-judgment and pre-judgment interest as permitted under any
applicable legal theory, the Contract, statute, or regulation, including, without limitation, the CDA;
C. Award BAE NSR its costs and attorneys’ fees incurred to the full extent permitted
under any applicable legal theory, the Contract, statute, or regulation; and
D. Grant such other and further relief as the Court deems just and proper to award
BAE NSR a complete remedy.
Dated: September 11, 2020. Respectfully submitted,
/s/ Alex E. Wallin Alex E. Wallin (VA Bar Number 81058) Taft Stettinius & Hollister LP 425 Walnut Street, Suite 1800 Cincinnati, OH 45202-3957 (513) 357-9445 (513) 381-0205 (facsimile) [email protected]
Suzanne Sumner (pro hac vice motion forthcoming) Taft Stettinius & Hollister LP 40 N. Main Street, Suite 1700 Dayton, OH 45423 (937) 641-1752 (937) 228-2816 (facsimile) [email protected]
Case 2:20-cv-00457-RBS-DEM Document 1 Filed 09/11/20 Page 24 of 27 PageID# 24
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Counsel for Plaintiff BAE Systems Norfolk Ship Repair, Inc.
Of Counsel:
Barbara A. Duncombe Taft Stettinius & Hollister, LP 1 Indiana Square, Suite 3500 Indianapolis, IN 46204 (317) 713-3461 (317) 713-3699 (facsimile) [email protected]
TABLE OF EXHIBITS ATTACHED
Ex. 1: Excerpts and Text of Contract No. N00024-16-D-4411, Delivery Order No. N00024-17-F-4138.
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EXHIBIT 1
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CODE
(Hour)
PAGE(S)
until 04:00 PM local time 06 Jan 2016
X
A
X B
X CX D
EX
X
G
F
X H
gerald.t.robertson@navy .mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
17-Feb-2016
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.Previous Edition is Unusable D FORM 33 (REV. 9-97)
by GSA
FAR (48 CFR) 53.214(c)
BRIAN H KIMM
DO-A3 1 89
(If other than Item 7) N00024
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TOAND
ADDRESSSIGN OFFER (Type or print)
OFOFFEROR
T.M. SEITZ JR / VICE PRESIDENT
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE
757 494-4000
15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
BAE SYSTEMS NORFOLK SHIP REPAIR INC.
T.M. SEITZ JR
750 W BERKLEY AVE
NORFOLK VA 23523-1032
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
N00024-16-D-4411
N00024 8. ADDRESS OFFER TO
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
(See Schedule)
conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
GERALD T ROBERTSON 202-781-3307
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1
2 - 17
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
18 - 39
40 - 42
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
43 - 47
48 - 50K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 51 - 56
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror)57 - 65 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):
07243 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: 202-781-3027 (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
$62,516,227.00
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )
N50054
(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 N50054MID-ATLANTIC REGIONAL MAINTENANCE CENTER
CODE 400,
9727 AVIONICS LOOP,
NAVAL STATION NORFOLK
NORFOLK VA 23511-2124
INDIVIDUAL ORDERS
TO BE CITED ON INDIVIDUAL ORDERS
AA
PART IV - REPRESENTATIO NS AND INSTRUCTIO NS
PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS
66 - 88
PART II - CO NTRACT CLAUSES
NAVAL SEA SYSTEMS COMMAND
1333 ISAAC HULL AVE SE
WASHINGTON NAVY YARD DC 20376-2030
NAVAL SEA SYSTEMS COMMAND (HQ)
1333 ISAAC HULL AVE SE
WASHINGTON NAVY YARD DC 20376-2030
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
89
6. REQUISITION/PURCHASE NO.
N0002415NR93001
5. DATE ISSUED
09 Jun 2015
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ ]
[ X ]
3. SOLICITATION NO.
N00024-15-R-4405
Case 2:20-cv-00457-RBS-DEM Document 1-1 Filed 09/11/20 Page 2 of 61 PageID# 29
N00024-16-D-4411
Page 2 of 89
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
CLIN
Number
0001
1 Lot $62,516,227.00 $62,516,227.00 NTE
FFP DOs BASE PERIOD
FFP
ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR SCHEDULED
AVAILABILITIES AND/OR EMERGENT MAINTENANCE,
MODERNIZATION AND REPAIR.
SEE NOTES INDICATED BELOW IN SECTION B.
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR93001
MAX
NET AMT
$62,516,227.00
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
CLIN
Number
0002
UNDEFINED Lot UNDEFINED $0.00
OPTION COST TYPE DOs BASE PERIOD
CPFF
ACCOMPLISH COST PLUS FIXED FEE DELIVERY ORDERS FOR
SCHEDULED AVAILABILITIES AND/OR EMERGENT MAINTENANCE,
MODERNIZATION AND REPAIR.
SEE NOTES INDICATED BELOW IN SECTION B.
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR93001
MAX COST UNDEFINED
FIXED FEE UNDEFINED
TOTAL MAX COST + FEE $0.00
Case 2:20-cv-00457-RBS-DEM Document 1-1 Filed 09/11/20 Page 3 of 61 PageID# 30
N00024-16-D-4411
Page 3 of 89
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
CLIN
Number
0003
CDRLS BASE YEAR
UNDEFINE
D
NSP
AS APPLICABLE, THE CONTRACTOR SHALL MEET THE REQUIREMENTS
OUTLINED IN THE CONTRACT DATA REQUIREMENTS LISTS (CDRLS)
PROVIDED AS EXHIBITS A, B AND C.
SEE NOTES INDICATED BELOW IN SECTION B.
THIS IS A NOT SEPARATELY PRICED CLIN.
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR93001
NET AMT
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N00024-16-D-4411
Page 4 of 89
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
CLIN
Number
0004
1 Lot $ $ NTE
OPTION FFP DOs OPT PERIOD 1
FFP
ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR SCHEDULED
AVAILABILITIES AND/OR EMERGENT MAINTENANCE,
MODERNIZATION AND REPAIR.
SEE NOTES INDICATED BELOW IN SECTION B.
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR93001
MAX
NET AMT
$
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
CLIN
Number
0005
UNDEFINED Lot UNDEFINED $0.00
OPTION COST TYPE DOs OPT PERIOD 1
CPFF
ACCOMPLISH COST PLUS FIXED FEE DELIVERY ORDERS FOR
SCHEDULED AVAILABILITIES AND/OR EMERGENT MAINTENANCE,
MODERNIZATION AND REPAIR.
SEE NOTES INDICATED BELOW IN SECTION B.
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR93001
MAX COST UNDEFINED
FIXED FEE UNDEFINED
TOTAL MAX COST + FEE $0.00
Case 2:20-cv-00457-RBS-DEM Document 1-1 Filed 09/11/20 Page 5 of 61 PageID# 32
N00024-16-D-4411
Page 5 of 89
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
CLIN
Number
0006
CDRLS OPT PERIOD 1
UNDEFINE
D
NSP
OPTION AS APPLICABLE, THE CONTRACTOR SHALL MEET THE REQUIREMENTS
OUTLINED IN THE CONTRACT DATA REQUIREMENTS LISTS (CDRLS)
PROVIDED AS EXHIBITS A, B AND C.
SEE NOTES INDICATED BELOW IN SECTION B.
THIS IS A NOT SEPARATELY PRICED CLIN.
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR93001
NET AMT
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
CLIN
Number
0007
1 Lot $ $ NTE
OPTION FFP DOs OPT PERIOD 2
FFP
ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR SCHEDULED
AVAILABILITIES AND/OR EMERGENT MAINTENANCE,
MODERNIZATION AND REPAIR.
SEE NOTES INDICATED BELOW IN SECTION B.
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR93001
MAX
NET AMT
$
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N00024-16-D-4411
Page 6 of 89
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
CLIN
Number
0008
UNDEFINED Lot UNDEFINED $0.00
OPTION COST TYPE DOs OPT PERIOD 2
CPFF
ACCOMPLISH COST PLUS FIXED FEE DELIVERY ORDERS FOR
SCHEDULED AVAILABILITIES AND/OR EMERGENT MAINTENANCE,
MODERNIZATION AND REPAIR.
SEE NOTES INDICATED BELOW IN SECTION B.
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR93001
MAX COST UNDEFINED
FIXED FEE UNDEFINED
TOTAL MAX COST + FEE $0.00
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
CLIN
Number
0009
CDRLS OPT PERIOD 2
UNDEFINE
D
NSP
OPTION AS APPLICABLE, THE CONTRACTOR SHALL MEET THE REQUIREMENTS
OUTLINED IN THE CONTRACT DATA REQUIREMENTS LISTS (CDRLS)
PROVIDED AS EXHIBITS A, B AND C.
SEE NOTES INDICATED BELOW IN SECTION B.
THIS IS A NOT SEPARATELY PRICED CLIN.
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR93001
NET AMT
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N00024-16-D-4411
Page 7 of 89
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
CLIN
Number
0010
1 Lot $ $ NTE
OPTION FFP DOs OPT PERIOD 3
FFP
ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR SCHEDULED
AVAILABILITIES AND/OR EMERGENT MAINTENANCE,
MODERNIZATION AND REPAIR.
SEE NOTES INDICATED BELOW IN SECTION B.
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR93001
MAX
NET AMT
$
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
CLIN
Number
0011
UNDEFINED Lot UNDEFINED $0.00
OPTION COST TYPE DOs OPT PERIOD 3
CPFF
ACCOMPLISH COST PLUS FIXED FEE DELIVERY ORDERS FOR
SCHEDULED AVAILABILITIES AND/OR EMERGENT MAINTENANCE,
MODERNIZATION AND REPAIR.
SEE NOTES INDICATED BELOW IN SECTION B.
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR93001
MAX COST UNDEFINED
FIXED FEE UNDEFINED
TOTAL MAX COST + FEE $0.00
Case 2:20-cv-00457-RBS-DEM Document 1-1 Filed 09/11/20 Page 8 of 61 PageID# 35
N00024-16-D-4411
Page 8 of 89
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
CLIN
Number
0012
CDRLS OPT PERIOD 3
UNDEFINE
D
NSP
OPTION AS APPLICABLE, THE CONTRACTOR SHALL MEET THE REQUIREMENTS
OUTLINED IN THE CONTRACT DATA REQUIREMENTS LISTS (CDRLS)
PROVIDED AS EXHIBITS A, B AND C.
SEE NOTES INDICATED BELOW IN SECTION B.
THIS IS A NOT SEPARATELY PRICED CLIN.
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR93001
NET AMT
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N00024-16-D-4411
Page 9 of 89
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
CLIN
Number
0013
1 Lot $ $ NTE
OPTION FFP DOs OPT PERIOD 4
FFP
ACCOMPLISH FIXED PRICE DELIVERY ORDERS FOR SCHEDULED
AVAILABILITIES AND/OR EMERGENT MAINTENANCE,
MODERNIZATION AND REPAIR.
SEE NOTES INDICATED BELOW IN SECTION B.
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR93001
MAX
NET AMT
$
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
CLIN
Number
0014
UNDEFINED Lot UNDEFINED $0.00
OPTION COST TYPE DOs OPT PERIOD 4
CPFF
ACCOMPLISH COST PLUS FIXED FEE DELIVERY ORDERS FOR
SCHEDULED AVAILABILITIES AND/OR EMERGENT MAINTENANCE,
MODERNIZATION AND REPAIR.
SEE NOTES INDICATED BELOW IN SECTION B.
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR93001
MAX COST UNDEFINED
FIXED FEE UNDEFINED
TOTAL MAX COST + FEE $0.00
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
CLIN
Number
0015
CDRLS OPT PERIOD 4
UNDEFINE
D
NSP
OPTION AS APPLICABLE, THE CONTRACTOR SHALL MEET THE REQUIREMENTS
OUTLINED IN THE CONTRACT DATA REQUIREMENTS LISTS (CDRLS)
PROVIDED AS EXHIBITS A, B AND C.
SEE NOTES INDICATED BELOW IN SECTION B.
THIS IS A NOT SEPARATELY PRICED CLIN.
FOB: Destination
PURCHASE REQUEST NUMBER: N0002415NR93001
NET AMT
CLAUSES INCORPORATED BY FULL TEXT
Minimum and Maximum IDIQ Amounts
a. Minimum guarantee per IDIQ Contract, base year award only: $10,000.00
b. Maximum: $1,284,849,757
The minimum guarantee applies to each contract award. The maximum represents the potentential cumulative total
of orders among all IDIQ-MAC holders for Amphibious Vessel (LSD, LPD, LHA, and LHD) complex ship repair
issued under all contracts awarded as a result of the solicitation.
HQ B-2-0010 NOTE (OPTION)
NOTE A: CLINs 0002, and 0004 through 0015 are option items to which the option clause 52.217-7 in SECTION I
applies and which are to be supplied only if and to the extent said option is exercised.
NOTE B: FIXED SHIP REPAIR LABOR AND MATERIAL BURDEN RATES (CEILING RATES)
1. The Contractor’s fully burdened ship repair labor rate will be used for negotiating Firm Fixed Price (FFP)
delivery orders, growth work, and new work to be performed under this IDIQ-MAC for each delivery order. The
fully burdened ship repair labor rate shall be the ceiling rate of the contract. The contractor agrees that the number of
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Section C - Descriptions and Specifications
STATEMENT OF WORK
1.0 PURPOSE
The U.S. Navy must maintain and modernize its ships to meet current and future operational requirements. To that
end, the Government intends to utilize this supply contract for the repair, maintenance and modernization
requirements of non-nuclear US Navy surface ships homeported and visiting the Norfolk, VA homeport.
Accordingly, the place of performance is the Norfolk, VA port where the Mid-Atlantic Regional Maintenance
Center (MARMC) will administer the contract.
Unless specified otherwise in a delivery order (DO) request for proposal (RFP), all work will be performed at the
Indefinite Delivery Indefinite Quantity Multiple Award Contract holder’s facility.
1.1 DESCRIPTION
This Indefinite Delivery Indefinite Quantity Multiple Award Contract (IDIQ- MAC) vehicle for Amphibious (LPD,
LSD, LHA, and LHD) class ships shall encompass complex emergent, scheduled, continuous maintenance,
modernization, and repair requirements in the following primary categories:
Docking & Non-Docking Chief of Naval Operations (CNO) scheduled availabilities.
Continuous Maintenance (CM) and Emergent Maintenance (EM) ship availabilities that include work on
shipboard critical systems, which are described in greater detail in paragraph 1.5 of this statement of work
(SOW).
Although not anticipated to account for a substantial portion of the IDIQ-MAC, non-complex requirements may also
be procured when doing so is in the best interest of the Government.
1.2 GENERAL SCOPE OF SHIP REPAIR AND OVERHAUL
The Contractor, under the direction of the Mid-Atlantic Regional Maintenance Center (MARMC) but as an
independent Contractor and not as an agent of the Government, shall furnish the material, support (electrical, crane,
rigging, etc.) and facilities necessary for the accomplishment of the work identified in each DO. Typical ship repair
efforts include management, planning, engineering, quality control, shipboard/off ship production (including
welding; marine pipefitting; ship fitting; blasting; painting; sheet metal forming; shaping; cutting and stamping;
electrical/electronic repairs and modernization; electrical/electronic alteration; pump/motor and ship’s mechanical
systems repair; tank cleaning; rigging; and temporary scaffolding removal/installation) and component/system
testing and trials.
The successful IDIQ-MAC holder will be responsible for all work required under a DO; regardless of whether
specific work items are performed with in-house resources or are subcontracted. The Prime Contractor(s) are
responsible for all contracted and sub-contracted labor, management, supervision, coordination, quality control,
quality assurance, quality management, safety management, environmental management, material, equipment, and
transportation necessary to perform the requirements of each ship maintenance, modernization and repair DOs. The
Prime Contractor(s) shall ensure adequate resources are dedicated to comply with the standards, guidelines and
procedures as stated to satisfy the requirements of DOs.
In performing this contract, as tasked in individual DOs, the Prime Contractor(s) shall:
Provide all required facilities and supporting services and equipment (except those furnished by the
Government under express provisions of this contract or DO) in the Norfolk, VA homeport.
Provide an established management organization geared toward ship repair at all levels of size, value and
complexity, with clear lines of authority, delegation of responsibility and mid-level managerial positions,
capable of managing production, quality assurance, material procurement/control and subcontractor
control and developing and integrating planning, estimating and scheduling functions.
Complete, control, integrate, schedule, and progress a diverse set of ship repair capabilities.
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Provide engineering and design support to diagnose and evaluate technical problems and issues and to
make competent technical recommendations.
Procure and control material. This includes purchasing, monitoring, receiving, inspecting, segregating,
issuing, determining nonconformance, and disposing of material. This also includes providing an
inventory system for both Government Furnished Material and Contractor Furnished Material, including
ordering, tagging and warehousing of material. All materials selected for installation must meet the
specified standard military performance specifications, Federal performance standards, and may require to
be listed on a Qualified Products List (QPL) for shipboard installations to ensure meeting the
designated/engineered requirements for boundary locations, fire insulating/fire retardant properties,
durability requirements, and for the reduction of toxic compounds produced/released should the material
be ignited or installed in a confined space.
Provide a quality control organization meeting ISO 9000 series standards.
Perform Non-Destructive Testing.
Provide Qualified Welding.
Manage subcontractors, including selecting, scheduling, managing, monitoring and controlling of
subcontractors.
Manage all Safety/Security, including performing safety training, provide required first aid/medical
services, performing fire protection/procedures, and providing physical yard security.
Control Hazardous Material/Waste. Satisfy all legal requirements for removal, storage and disposal of
hazardous waste. This includes providing segregated storage of Hazardous Material, obtaining all required
State/Federal agency issued hazardous waste generator numbers and disposal documentation.
NAVSEA SI 009-106; The Work Authorization Form Coordinator (WAFCOR) shall be responsible for
the work authorization control process for all Repair Activity (RA) work being performed during the
contract performance period. The WAFCOR shall receive, process, compare, and coordinate all Work
Authorization Forms (WAFs) and Technical Work Documents (TWDs) submitted by RAs in accordance
with the requirements of Volume IV, Chapter 10, of the Joint Fleet Maintenance Manual.
1.3 DELIVERY ORDER REQUIREMENTS
DOs may provide more detailed requirements than those provided in the basic contract award. If a DO does not
provide a specific requirement, the terms and conditions of the basic contract shall apply. Each DO RFP will
include technical documents such as work specifications, standards, drawings, publications or other documents and
statements of work to allow IDIQ-MAC holders to prepare proposals.
Whenever specifications, standards, drawings, publications or other documents are cited without issue number,
revision, date or amendment number identified, the revision, date or amendment in effect as of the date of the DO
shall apply. Wherever specific issue number, revision, date or amendment number for specifications, standards and
publications are specified, the issue specified shall apply.
In the execution of this contract, specific references for individual items and associated referenced technical
documentation shall be identified in each DO. These references may include, but are not limited to, the following
documents:
1. General Specifications for Overhaul of Surface Ships (GSO)
2. General Specifications for Overhaul with the AEGIS Addendum (GSO SUPPL)
3. Military Standards and Military Performance Specifications
4. Technical Manuals
5. Naval Operations (OPNAV) Instructions
6. Commercial and Industry Standards
7. Government Standards, Technical Drawings and Documentation
8. Joint Fleet Maintenance Manual (JFMM)
The Contractor shall comply with all NAVSEA STANDARD ITEMS to be specified in each DO as follows:
All Category I Standard Items shall be invoked in every DO at a minimum without further reference.
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Category II Standard Items shall be referenced in each applicable Work Item and/or Statement of
Work.
The Contractor shall comply with all local requirements in addition to State and Federal Environmental, Safety, and
Health (ESH) regulations.
When necessary, Contract Data Requirement List (CDRL) requirements will be specific to each DO issued under
this contract. These CDRLs will be identified by the Government as a part of the DO solicitation and shall be a
requirement of that particular DO.
1.4 UNSCHEDULED MAINTENANCE:
An essential portion of the IDIQ-MAC scope is the work outside of CNO scheduled availabilities such as scheduled
and unscheduled Emergent Maintenance (EM) and Continuous Maintenance (CM) Availabilities. These
availabilities may require the completion of urgent work that has the potential to become ship disabling on critical
and non-critical systems. In addition to DO performance evaluations related to quality and timeliness, IDIQ-MAC
holders will be evaluated in CPARS based on their ability to meet the following minimum requirements throughout
the IDIQ-MAC’s potential five-year period of performance. If IDIQ-MAC holders are unable to meet any of these
requirements, they must notify the contracting officer within four (4) hours of the initial urgent ship repair
notification. The Government will assess the validity of an IDIQ-MAC holder’s inability to meet these requirements
as well as the frequency of such requests/notifications.
1.4.1 Ship Checks: IDIQ-MAC holders shall conduct ship checks within four (4) hours of notification for work
discovered during execution for a CM/EM when the ship is in port.
1.4.2 Proposals: Within twelve (12) hours of ship check, IDIQ-MAC holders shall provide the Government a
proposal. At a minimum, the proposal shall be of a Class F estimate standard and shall be supplemented
with a brief explanation of proposed cost/price.
1.4.3 Assessment & Preparation: In the event the ship is not in port, but returning to the port, IDIQ-MAC holders
shall have the capabilities to identify potential faults and failure causes prior to the ship’s arrival, conduct
timely assessment of required Repairs, identification and implementation of technically correct repair
plans, accelerated procurement of necessary parts and material, and execution of timely repairs, including
the ability to support around-the-clock repair effort.
1.4.4 Commence shipboard work within twenty four (24) hours of discovery and original notification to the
contractor.
1.5 CRITICAL SYSTEMS
Although not all inclusive, the following is a list of the most common critical systems.
All Ship Class Critical Systems:
Main Reduction Gear (MRG)
Main Reduction Gear (MRG) Lube Oil System
MRG Coupling / Clutches
Shafting and Bearing Systems
Steering Systems
LSD 41/49 & LPD 17 Class Critical Systems:
Main Propulsion Diesel Engine (MPDE)
MPDE Lube Oil System
MPDE Fuel Oil System
Ship Service Diesel Generator (SSDG)
SSDG Lube Oil System & Pedestal Bearings
SSDG Fuel Oil Systems
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LPD17 Class Titanium Piping Systems
Shipboard Central Hydraulics Systems
DDG-51/CG-47/LHD-8/LHA-6 Class Critical Systems:
Gas Turbine Module (GTM) Lube Oil System
GTM Fuel Oil System
Gas Turbine Generator (GTG) Fuel Oil System
SSDG Engine (LHD-8/LHA-6 only)
SSDG Lube Oil Systems (LHD-8/LHA-6 only)
SSDG Fuel Oil Systems(LHD-8/LHA-6 only)
LHD-1-7 Class Critical Systems:
Main Boiler
HP/LP Turbines
Turbine Lube Oil System
SSTG / EDG Engines
Main Steam System (LVL1 material control)
2.0 BASIC CONTRACT DELIVERABLES & REQUIREMENTS
Contractors receiving IDIQ-MAC awards shall submit the following to the RMC Code 400 administrative
contracting officer (ACO) within 30 days of award; with revisions submitted as directed by the RMC ACO or
contract data requirement list (CDRL) requirements.
2.1 QUALITY ASSURANCE MANAGEMENT SYSTEM (in accordance with NAVSEA Standard Item 009-04)
2.2 SAFETY PLAN (in accordance with NAVSEA Standard Item 009-74)
2.3 HEAVY WEATHER PLAN (in accordance with NAVSEA Standard Item 009-69)
2.4 SECURITY PLAN (in accordance with NAVSEA Standard Item 009-72)
2.5 FIRE PREVENTION PLAN (in accordance with NAVSEA Standard Item 009-07)
2.6 24-HOUR POINT OF CONTACT
Within five (5) days of contract award, confirm the person responsible to respond to Government calls within two
(2) hours, 365 days of the year for emergencies. If an IDIQ- MAC holder’s 24-hour point of contact changes at any
time during contract performance, the RMC Code 400 ACO shall be notified, in writing, within 24 hours of the
personnel change with a copy to Code 300 Project Manager.
2.7 Contractors receiving the IDIQ-MAC award(s) shall be required to submit documentation to the RMC Code 400
ACO, with copy to RMC Code 300 and 200, describing the capabilities of the piers and dry-docks for which they
have ownership or committed access to (via a teaming or resource sharing agreement) in the Norfolk, VA homeport
within five (5) days of the IDIQ-MAC award. The documentation shall list the ship classes the contractor has
determined their piers and dry-docks can accommodate. This information shall, at minimum, include the following:
Pier Facilities
Min depth at Mean Low Water (MLW)
Electric Power AMPS & Volts capacity
Saltwater Gallons /Minute & pounds per square inch gauge capacity
Potable Water Gallons /Minute & pounds per square inch gauge capacity
Shore Steam pounds per square inch gauge and cubic feet / minute minimum flow capacity
Compressed Air pounds per square inch gauge and cubic feet / minute minimum flow capacity
Number of Telephone Lines connected to municipal telephone system
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Gallons /Day effluent & Gallons /Day waste water, accommodation and disposal capacity
Access to T-1 Non-secure Internet Protocol Router Network (NIPRNET) and Secure Internet Protocol Router
Network (SIPRNET) service
Any Special Accommodations necessary to berth a specific class
Dry Dock Facilities
The classes covered by each dry docks MIL-STD-1625D(SH) dated 27 August 2009 certification (or latest
revision)
Any Special Accommodations necessary to dry-dock a specific class
3.0 DELIVERY ORDER MODIFICATIONS
Unless a DO specifies otherwise, the following processes shall be strictly followed. Adherence to the process will
be assessed and documented, as applicable, in an offeror’s past performance evaluations (e.g. CPARS, and future
DO proposals).
3.1 IDENTIFICATION OF CONDITION FOUND
In accordance with the requirements of NAVSEA Standard Item 009-01, the contractor shall identify needed repairs
and recommend corrective action during DO performance for work/deficiencies discovered which are not covered
by the existing work package. For conditions to impact the critical path(s) /controlling item(s), the contractor shall
notify the government via electronic media within 24-hours of discovery. This initial notification need not include
all content required for a Condition Found Report (CFR), but must include a description of the condition/deficiency
and an estimated timeframe for the offeror’s professional recommendation for resolution, which shall not exceed
five (5) days as specified below. Recommended repairs and corrective actions shall be submitted to the Government
in the form of a CFR (intended to represent the “Work Request” described in DFARS 252.217-7028) per CDRL
A002.
3.2 NOTIFICATION TO GOVERNMENT
CFRs shall be submitted through the Navy Maintenance Database Re-platform (NMDR) within five (5) working
days of discovery of the condition. At a minimum, the CFR will include the following:
(1) Identify contract, DO, ship, and hull number
(2) Serialized by CFR number
(3) Identification of the applicable Work Item number
(4) Date requirement was discovered
(5) Description of the work requirement
(6) Specific location of the work
(7) Recommendation for corrective action
(8) Recommendation for the appropriate/best time to accomplish the work (i.e. during current availability
with or without schedule change, future CNO or Continuous Maintenance Availability). Provide
supporting rationale for the recommendation, such as cost efficiencies, availability of work force,
availability of material, premium expenditures, etc.
(9) Identification of related changes, if any, to the internal milestones and production and contract
completion dates.
3.3 GOVERNMENT REVIEW AND RESPONSE TO CFR
The Maintenance Team shall review the CFR. If the CFR is inadequate or incomplete, it will be rejected with time
continuing to accrue (relative to 5-day requirement). As appropriate, the Government and contractor will need to
meet, conduct ship checks and/or discuss the recommendation for corrective action further to determine the full
scope of work required prior to final approval of the CFR. The contractor's accuracy reflected in the CFRs
submitted may be evaluated in CPARS and utilized for past performance ratings on future DOs.
3.4 REQUEST FOR CONTRACT CHANGE
When the requirement is validated and fully scoped, the Government will generate a Request for Contract Change
(RCC) and the ACO will request a proposal from the contractor.
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The contractor shall provide all Change Order Price Analysis (COPA) proposals to the contracting officer in
response to RCCs within three (3) business days. A COPA addressing a change to a FFP delivery order shall
include at a minimum:
a. Labor hours to be performed by the Prime Contractor ___________
b. Subcontractor Quote* (If applicable) $__________
c. Material Quote* (If applicable) $__________
d. Mark-up (If applicable) $__________
*Documentation must accompany the COPA for the COPA to be considered submitted to the ACO.
If circumstances arise where the contractor is unable to submit a COPA within three (3) business days, the
contractor shall notify the Government in writing of the specific circumstances and provide a date in which a COPA
proposal will be submitted. Notification of late submission of a COPA proposal does not exempt the contractor
from meeting the three (3) business day requirement, but will be considered by the Government when conducting a
CPARS evaluation. The contractor’s timeliness in submitting COPAs in response to RCCs may be evaluated in
CPARS and utilized for past performance ratings on future DOs.
3.5 MODIFICATION NEGOTIATION
Once the Government receives the contractor’s proposal, it will evaluate and negotiate it in accordance with
applicable Agency regulations and policies. If necessary, the Government may issue unilateral modifications to
accomplish required work using the pre-priced labor and material rates as specified in individual DOs.
4.0 SECURITY REQUIREMENTS
Contractor personnel shall comply with all current badging and security procedures required to gain access to any
Government site (e.g. Rapid Gate). Access to Naval Installations sites may only be gained by obtaining a badge
(either permanent or temporary) from the security office. It is the contractor’s responsibility to check for and obtain
changes and updated information at each installation on a continual basis. Further information can be found at:
https://www.cnic.navy.mil/regions/cnrma/om/contractor_verification_system.html and at MARMC website:
http://www.navsea.navy.mil/MARMC/default.aspx
5.0 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER
Except as specified in the paragraph below, no order, statement, or conduct of Government personnel who visit the
Contractor's facilities or in any other manner communicates with Contractor personnel during the performance of
this contract shall constitute a change under the "Changes" clause of this contract.
The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in
writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this
contract.
The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract
and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the
Contracting Officer 's. In the event the contractor effects any change at the direction of any person other than the
Contracting Officer, the change will be considered to have been made without authority and no adjustment will be
made in the contract price and/or schedule to cover any increase in charges incurred as a result thereof.
If the contractor believes it has been directed to perform work outside the scope of the contract, it must notify the
Contracting Officer immediately.
6.0 GOVERNMENT INFORMATION TECHNOLOGY SITES
The successful offeror will be required to have access to and use Navy Maintenance Database Re-platform
(NMDR), Naval Ships Engineering Drawing Repository (NSEDR), Electronic Departures from Specifications
(EDFS), and other logistic support required throughout the administration of this contract per the CDRLs and
standard items invoked at the time of delivery order issuance.
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Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
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
52.203-13 Contractor Code of Business Ethics and Conduct APR 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-2 Security Requirements AUG 1996
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUL 2013
52.204-12 Data Universal Numbering System Number Maintenance DEC 2012
52.204-13 System for Award Management Maintenance JUL 2013
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
AUG 2013
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
DEC 2014
52.210-1 Market Research APR 2011
52.211-5 Material Requirements AUG 2000
52.211-15 Defense Priority And Allocation Requirements APR 2008
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011
52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
AUG 2011
52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010
52.215-14 Integrity of Unit Prices OCT 2010
52.215-15 Pension Adjustments and Asset Reversions OCT 2010
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997
52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.216-7 Allowable Cost And Payment JUN 2013
52.216-8 Fixed Fee JUN 2011
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52.219-4 Notice of Price Evaluation Preference for HUBZone Small
Business Concerns
OCT 2014
52.219-8 Utilization of Small Business Concerns OCT 2014
52.219-9 Small Business Subcontracting Plan OCT 2014
52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999
52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013
52.222-1 Notice To The Government Of Labor Disputes FEB 1997
52.222-2 Payment For Overtime Premiums JUL 1990
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards- Overtime
Compensation
MAY 2014
52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2014
52.222-20 Contracts for Materials, Supplies, Articles, and Equipment
Exceeding $15,000
MAY 2014
52.222-21 Prohibition Of Segregated Facilities FEB 1999
52.222-26 Equal Opportunity MAR 2007
52.222-35 Equal Opportunity for Veterans JUL 2014
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans JUL 2014
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015
52.222-54 Employment Eligibility Verification AUG 2013
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-10 Waste Reduction Program MAY 2011
52.223-11 Ozone-Depleting Substances MAY 2001
52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.223-19 Compliance with Environmental Management Systems MAY 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent DEC 2007
52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.228-7 Insurance--Liability To Third Persons MAR 1996
52.229-3 Federal, State And Local Taxes FEB 2013
52.229-4 Federal, State, And Local Taxes (State and Local
Adjustments)
FEB 2013
52.230-2 Cost Accounting Standards MAY 2014
52.230-3 Disclosure And Consistency Of Cost Accounting Practices MAY 2014
52.230-6 Administration of Cost Accounting Standards JUN 2010
52.232-1 Payments APR 1984
52.232-8 Discounts For Prompt Payment FEB 2002
52.232-9 Limitation On Withholding Of Payments APR 1984
52.232-11 Extras APR 1984
52.232-17 Interest MAY 2014
52.232-20 Limitation Of Cost APR 1984
52.232-23 Assignment Of Claims MAY 2014
52.232-25 Prompt Payment JUL 2013
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
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52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-2 Production Progress Reports APR 1991
52.242-3 Penalties for Unallowable Costs MAY 2014
52.242-4 Certification of Final Indirect Costs JAN 1997
52.242-13 Bankruptcy JUL 1995
52.243-1 Changes--Fixed Price AUG 1987
52.243-2 Changes--Cost-Reimbursement AUG 1987
52.244-2 Subcontracts OCT 2010
52.244-5 Competition In Subcontracting DEC 1996
52.244-6 Subcontracts for Commercial Items MAR 2015
52.245-1 Government Property APR 2012
52.245-9 Use And Charges APR 2012
52.246-24 Limitation Of Liability--High-Value Items FEB 1997
52.247-63 Preference For U.S. Flag Air Carriers JUN 2003
52.247-68 Report of Shipment (REPSHIP) FEB 2006
52.248-1 Value Engineering OCT 2010
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-6 Termination (Cost Reimbursement) MAY 2004
52.249-8 Default (Fixed-Price Supply & Service) APR 1984
52.249-14 Excusable Delays APR 1984
52.251-1 Government Supply Sources APR 2012
52.253-1 Computer Generated Forms JAN 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7003 Agency Office of the Inspector General DEC 2012
252.203-7004 Display of Fraud Hotline Poster(s) JAN 2015
252.204-7000 Disclosure Of Information AUG 2013
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7005 Oral Attestation of Security Responsibilities NOV 2001
252.204-7012 Safeguarding of Unclassified Controlled Technical
Information
NOV 2013
252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
DEC 2014
252.209-7010 Critical Safety Items AUG 2011
252.211-7003 Item Unique Identification and Valuation DEC 2013
252.211-7005 Substitutions for Military or Federal Specifications and
Standards
NOV 2005
252.211-7006 Passive Radio Frequency Identification SEP 2011
252.211-7007 Reporting of Government-Furnished Property AUG 2012
252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010
252.215-7000 Pricing Adjustments DEC 2012
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252.215-7002 Cost Estimating System Requirements DEC 2012
252.217-7003 Changes DEC 1991
252.217-7005 Inspection and Manner of Doing Work JUL 2009
252.217-7006 Title DEC 1991
252.217-7008 Bonds DEC 1991
252.217-7009 Default DEC 1991
252.217-7010 Performance JUL 2009
252.217-7011 Access to Vessel DEC 1991
252.217-7012 Liability and Insurance AUG 2003
252.217-7013 Guarantees DEC 1991
252.217-7014 Discharge of Liens DEC 1991
252.217-7015 Safety and Health DEC 1991
252.217-7016 Plant Protection DEC 1991
252.217-7027 Contract Definitization DEC 2012
252.217-7028 Over And Above Work DEC 1991
252.219-7003 Small Business Subcontracting Plan (DOD Contracts) OCT 2014
252.223-7001 Hazard Warning Labels DEC 1991
252.223-7004 Drug Free Work Force SEP 1988
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7001 Buy American And Balance Of Payments Program-- Basic
(Nov 2014)
NOV 2014
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012
252.225-7004 Report of Intended Performance Outside the United States
and Canada--Submission after Award
OCT 2010
252.225-7008 Restriction on Acquisition of Specialty Metals MAR 2013
252.225-7012 Preference For Certain Domestic Commodities FEB 2013
252.225-7013 Duty-Free Entry--Basic (Nov 2014) NOV 2014
252.225-7015 Restriction on Acquisition of Hand Or Measuring Tools JUN 2005
252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011
252.225-7019 Restriction on Acquisition of Anchor and Mooring Chain DEC 2009
252.225-7021 Trade Agreements--Basic (Nov 2014) NOV 2014
252.225-7025 Restriction on Acquisition of Forgings DEC 2009
252.225-7030 Restriction On Acquisition Of Carbon, Alloy, And Armor
Steel Plate
DEC 2006
252.225-7036 Buy American--Free Trade Agreement--Balance of Payments
Program--Basic (Nov 2014)
NOV 2014
252.225-7038 Restriction on Acquisition of Air Circuit Breakers JUN 2005
252.225-7048 Export-Controlled Items JUN 2013
252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business
Concerns
SEP 2004
252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014
252.227-7015 Technical Data--Commercial Items FEB 2014
252.227-7025 Limitations on the Use or Disclosure of Government-
Furnished Information Marked with Restrictive Legends
MAY 2013
252.227-7030 Technical Data--Withholding Of Payment MAR 2000
252.227-7037 Validation of Restrictive Markings on Technical Data JUN 2013
252.231-7000 Supplemental Cost Principles DEC 1991
252.232-7010 Levies on Contract Payments DEC 2006
252.242-7004 Material Management And Accounting System MAY 2011
252.242-7005 Contractor Business Systems FEB 2012
252.242-7006 Accounting System Administration FEB 2012
252.243-7001 Pricing Of Contract Modifications DEC 1991
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252.243-7002 Requests for Equitable Adjustment DEC 2012
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.244-7001 Contractor Purchasing System Administration MAY 2014
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property APR 2012
252.245-7003 Contractor Property Management System Administration APR 2012
252.245-7004 Reporting, Reutilization, and Disposal MAY 2013
252.246-7003 Notification of Potential Safety Issues JUN 2013
252.247-7021 Returnable Containers Other Than Cylinders MAY 1995
252.247-7023 Transportation of Supplies by Sea APR 2014
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
252.251-7000 Ordering From Government Supply Sources AUG 2012
CLAUSES INCORPORATED BY FULL TEXT
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of
less than $10,000 (per Base Period), the Government is not obligated to purchase, nor is the Contractor obligated to
furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $250,000,000;
(2) Any order for a combination of items in excess of $250,000,000 (for each contract); or
(3) A series of orders from the same ordering office within 3 (three) days that together call for quantities exceeding
the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum
order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 (two) days
after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the
reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
NOTE: Maximum contract ceiling (dollar amount) is between all IDIQ-MAC holders for the Surface Combatants
contract (CG 47 and DDG 51class ships) and between all IDIQ-MAC holders for the Amphibious contract (LPD,
LSD, LHA, and LHD class ships) will be established at time of award.
(End of clause)
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in
the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not
purchased by this contract.
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(End of clause)
52.234-1 INDUSTRIAL RESOURCES DEVELOPED UNDER DEFENSE PRODUCTION ACT TITLE III
(DEC 1994)
(a) Definitions.
"Title III industrial resource" means materials, services, processes, or manufacturing equipment (including the
processes, technologies, and ancillary services for the use of such equipment) established or maintained under the
authority of Title III, Defense Production Act (50 U.S.C. App. 2091-2093)..
"Title III project contractor" means a contractor that has received assistance for the development or manufacture of
an industrial resource under 50 U.S.C. App. 2091-2093, Defense Production Act.
(b) The Contractor shall refer any request from a Title III project contractor for testing and qualification of a Title III
industrial resource to the Contracting Officer.
(c) Upon the direction of the Contracting Officer, the Contractor shall test Title III industrial resources for
qualification. The Contractor shall provide the test results to the Defense Production Act Office, Title III Program,
located at Wright Patterson Air Force Base, Ohio 45433-7739.
(d) When the Contracting Officer modifies the contract to direct testing pursuant to this clause, the Government will
provide the Title III industrial resource to be tested and will make an equitable adjustment in the contract for the
costs of testing and qualification of the Title III industrial resource.
(e) The Contractor agrees to insert the substance of this clause, including paragraph (e), in every subcontract issued
in performance of this contract.
(End of clause)
52.243-6 CHANGE ORDER ACCOUNTING (APR 1984) (MODIFIED)
The Contracting Officer requires change order accounting whenever the estimated cost of a change or series of
related changes exceeds $100,000. The Contractor, for each change or series of related changes, shall maintain
separate accounts, by job order or other suitable accounting procedure, of all incurred segregable, direct costs (less
allocable credits) of work, both changed and not changed, allocable to the change. The Contracting Officer may
require the Contractor to provide the same change order accounting for orders under $100,000, as directed. The
Contractor shall maintain such accounts until the parties agree to an equitable adjustment for the changes ordered by
the Contracting Officer or the matter is conclusively disposed of in accordance with the Disputes clause.
(End of clause)
52.243-7 NOTIFICATION OF CHANGES (APR 1984)
(a) Definitions.
"Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.
"Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer has
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so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this
subparagraph and shall be issued to the designated representative before the SAR exercises such authority.
(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the
Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and
signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing,
within 3 calendar days from the date that the Contractor identifies any Government conduct (including actions,
inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and
conditions. On the basis of the most accurate information available to the Contractor, the notice shall state--
(1) The date, nature, and circumstances of the conduct regarded as a change;
(2) The name, function, and activity of each Government individual and Contractor official or employee involved in
or knowledgeable about such conduct;
(3) The identification of any documents and the substance of any oral communication involved in such conduct;
(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;
(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment
under this clause, including--
(i) What contract line items have been or may be affected by the alleged change;
(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;
(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on
continued performance have been or may be caused by the alleged change;
(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are
estimated; and
(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to
minimize cost, delay or disruption of performance.
(c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall
diligently continue performance of this contract to the maximum extent possible in accordance with its terms and
conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a
communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue
performance; provided, however, that if the Contractor regards the direction or communication as a change as
described in (b) above, notice shall be given in the manner provided. All directions, communications,
interpretations, orders and similar actions of the SAR shall be reduced to writing and copies furnished to the
Contractor and to the Contracting Officer. The Contracting Officer shall countermand any action which exceeds the
authority of the SAR.
(d) Government response. The Contracting Officer shall promptly, within 3 calendar days after receipt of notice,
respond to the notice in writing. In responding, the Contracting Officer shall either--
(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the
mode of further performance;
(2) Countermand any communication regarded as a change;
(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the
mode of further performance; or
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(4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above,
advise the Contractor what additional information is required, and establish the date by which it should be furnished
and the date thereafter by which the Government will respond.
(e) Equitable adjustments.
(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and
the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any
part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall
be made--
(i) In the contract price or delivery schedule or both; and
(ii) In such other provisions of the contract as may be affected.
(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which
are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time
extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings,
designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When
the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this
clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of
disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay
resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b)
and (c) above.
Note: The phrases “contract price” and “cost” wherever they appear in the clause, may be appropriately modified to
apply to cost-reimbursement or incentive contracts, or to combinations thereof.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in
full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may
be accessed electronically at this address: http://www.acquisition.gov/far
(End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an
authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR
Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of
the regulation.
(End of clause)
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6. ISSUED BY CODE
N00024-16-D-4411
1. CONTRACT/P URCH. ORDER/ AGREEMENT NO.
N00024
2. DELIVERY ORDER/ CALL NO.
N0002417F4138
43PAGE 1 OF
5. P RIORITY
DO-A3
CODE N50054
8. DELIVERY FOBDEST INAT IONOT HER
(See Schedule if other)
ORDER FOR SUPPLIES OR SERVICES
3. DATE OF ORDER/CALL
2017 Sep 07
4. REQ./ P URCH. REQUEST NO.
1300670009
MID-ATLANTIC REGIONAL MAINTENANCE CENTERCODE 400, 9727 AVIONICS LOOP,NAVAL STATION NORFOLKNORFOLK VA 23511-2124
X
NAVAL SEA SYSTEMS COMMAND1333 ISAAC HULL AVE SEWASHINGTON NAVY Y ARD DC 20376-2030
7. ADMINIST ERED BY (if other than 6)
( YYYYMMMDD)
10. DELIVER TO FOB P OINT BY (Date)( YYYYMMMDD)
BAE SYSTEMS NORFOLK SHIP REPAIR INC.T.M. SEITZ JR750 W BERKLEY AVENORFOLK VA 23523-1032
CODE 072439. CONT RACT OR FACILIT Y
SEE SCHEDULE12. DISCOUNT TERMS
MARK IF BUSINESS IS11.SMALL
SMALLDISADVANTAGEDWOMEN-OWNED
13. MAIL INVOICES T O T HE ADDRESS IN BLOCKSee Item 15
25. T OT AL $13,496,933.00
MID-ATLANTIC REGIONAL MAINTENANCE CENTERAPRIL SHUPECODE 411, 9727 AVIONICS LOOPNORFOLK VA 23511-2124
X
17. ACCOUNT ING AND APPROPRIAT ION DAT A/ LOCAL USE
CODE
18. IT EM NO. 19. SCHEDULE OF SUPPLIES/ SERVICES
* If quantity accepted by the Government is same as
quantity accepted below quantity ordered and encircle.
DELIVERY/16.
14. SHIP T O
See Schedule
N50054 N50054
MARK ALLPACKAGES AND
PAPERS WITH IDENTIFICATIO N
NUMBERS INBLO CKS 1 AND 2.
23. AMOUNT
15. PAYMENT WILL BE MADE BY CODEINDIVIDUAL ORDERSTO BE CITED ON INDIVIDUAL ORDERS AA
This delivery order/call is issued on another Government agency or in accordance with and subject to terms and conditions of above numbered contract.T YPE CALL
OF PURCHASEORDER
SEE SCHEDULE24. UNITED STATES OF AMERICA
TEL: 202-781-2486
EMAIL: [email protected]
CONTRACTING / ORDERING OFFICER
quantity ordered, indicate by X. If different, enter actual
BY: SHEILA M UTZ
If this box is marked, supplier must sign Acceptance and return the following number of copies:
NAME OF CONT RACT OR SIGNAT URE T YPED NAME AND T IT LE( YYYYMMMDD)
DAT E SIGNED
ACCEPT ANCE. T HE CONT RACT OR HEREBY ACCEPT S T HE OFFER REPRESENT ED BY T HE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT T O ALL OF T HE T ERMSAND CONDIT IONS SET FORT H, AND AGREES T O PERFORM T HE SAME.
Reference your quote dated
Furnish the following on terms specified herein. REF:
20. QUANT IT YORDERED/ACCEPT ED*
21. UNIT 22. UNIT PRICE
DIFFERENCES26.
INSPECT ED RECEIVED ACCEPT ED, AND CONFORMS T O T HECONT RACT EXCEPT AS NOT ED
27a. QUANT IT Y IN COLUMN 20 HAS BEEN
( YYYYMMMDD)c. DAT E d. PRINT ED NAME AND T IT LE OF AUT HORIZED
GOVERNMENT REPRESENT AT IVEb. SIGNAT URE OF AUT HORIZED GOVERNMENT REPRESENT AT IVE
e. MAILING ADDRESS OF AUT HORIZED GOVERNMENT REPRESENT AT IVE
36. I certify this account is correct and proper for payment.
g. E-MAIL ADDRESSf. T ELEPHONE NUMBER
a. DAT E( YYYYMMMDD)
b. SIGNAT URE AND T IT LE OF CERT IFYING OFFICER
28. SHIP NO. 29. DO VOUCHER NO. 30.INIT IALS
32. PAID BY 33. AMOUNT VERIFIEDCORRECT FOR
35. BILL OF LADING NO.
34. CHECK NUMBER
37. RECEIVED AT 38. RECEIVED BY ( YYYYMMMDD)
31. PAYMENT
COMPLET EPART IALFINAL
PART IALFINAL
DD Form 1155, DEC
39. DAT E RECEIVED 40. T OT ALCONT AINERS
41. S/R ACCOUNT NO. 42. S/R VOUCHER NO.
ADDRESSANDNAME
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Section A - Solicitation/Contract Form All terms and conditions of the basic contract and options apply.
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Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004
USS BATAAN (LHD 5) Availability FFP
$0.00
FFP See work items in Attachment J-5 for reference.
NET AMT $0.00
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004BA
TYCOM FFP
1 Lot $ $
See work items in Attachment J-5 for reference. FOB: Destination PURCHASE REQUEST NUMBER: 1300670009
NET AMT $ ACRN AA
CIN: 130067000900001
$
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004BB
TYCOM FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004CA
NAVSEA/PMS407 FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004CB
NAVSEA/PMS407 FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004CC
NAVSEA/PMS407 FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004CD
NAVSEA/PMS407 FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004CE
NAVSEA/PMS407 FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004CF
NAVSEA/PMS407 FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004CG
NAVSEA/PMS407 FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004DA
HABITABILITY FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
.
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004DB
HABITABILITY FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004DD
HABITABILITY FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004DE
HABITABILITY FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004FA
NSWC PHD FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004GA
NAVAIR FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004HA
SPAWAR FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004JA
SPAWAR FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004KA
NAVAIR FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004LA
SPAWAR FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004MA
SPAWAR FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004NA
NAVAIR FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004PA
SPAWAR FFP
1 Lot $658.00 $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004QA
BARGELANT FFP
1 Lot $ $
OPTION See work items in Attachment J-5 for reference. FOB: Destination
NET AMT $
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT CLIN Number 0004RA
PRORATES FFP
1 Lot $ $
See work items in Attachment J-5 for reference. FOB: Destination PURCHASE REQUEST NUMBER: 1300670009
NET AMT $ ACRN AA
CIN: 130067000900001
$
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Material Burden Rate
OPTION ITEMS: The following work items will be incorporated into the delivery order as option items under CLIN 0004. Offerors shall include pricing for all option items under Work-item level breakdown spreadsheet (attachment J-5). Option items are evaluated as part of total price under CLIN 0004.
SubCLIN WI WI SUMMARY A - Date
0004BB 130-11-001 Uptake; repair A - 20
0004BB 221-11-002 Main Propulsion Boiler Safety Valve; repair A - 20
0004BB 221-12-002 Main Boiler Soot Blower Piping Ultrasonic Test (UT) Inspection (P-1); accomplish A - 20
0004BB 221-21-001 Number One Boiler Feedwater Control Valve and Controller (Leslie); repair and test A - 20
0004BB 244-12-001 Main Propulsion Line Shaft Bearing (LSB) Alignment; accomplish A - 20
0004BB 251-21-001 Port Use Fan (PUF) Expansion Joint; replace A - 20
0004BB 253-11-001 Main Steam Valve Electric Motor Actuator (Limitorque); repair A - 20
0004BB 255-11-004 1A and 1B Main Feed Pump Recirculation Piping (P-1); repair A - 20
0004BB 255-12-001 2A and 2B Main Feed Pump Recirculation Piping (P-1); repair A - 20
0004BB 255-31-001 Numbers 1A and 1B Main Feed Booster Pump; repair A - 20
0004BB 255-51-001 Number 1B Main Condensate Pump; repair A - 20
0004BB 255-52-001 Number 2B Main Condensate Pump; repair A - 20
0004BB 255-60-001 Ships Service Turbine Generator (SSTG) Auxiliary Condensate Pump; overhaul A - 20
0004BB 255-60-002 Ships Service Turbine Generator (SSTG) Auxiliary Condensate Pump; repair A - 20
0004BB 258-12-002 High Pressure Steam Drain Valve; replace (Level I) A - 20
0004BB 261-24-001 2B Fuel Oil Service Pump; repair A - 20
0004BB 262-41-001 Numbers 1A and 1B Main Lube Oil Pump and Motor; repair A - 20
0004BB 262-42-001 Numbers 2A and 2B Main Lube Oil Pump and Motor; repair A - 20
0004BB 311-11-001 Ships Service Turbine Generator (SSTG) Trip Throttle Valve; repair A - 20
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0004BB 324-80-002 ShipAlt LHD5-70110D, Relocate Automatic Bus Transfer (ABT) 60-P-ABT-1-75-2; accomplish A - 20
0004BB 341-10-001 Ship Service Turbine Generator (SSTG) Auxiliary Lube Oil Pump and Motor; repair A - 20
0004BB 505-11-001 Silicon Aluminum Bronze (SAB) Union Fittings; inspect and replace A - 20
0004BB 534-11-002 600 PSI Auxiliary Steam System Valve; replace (P-1) A - 20
0004BB 534-11-003 Auxiliary Steam Valve; replace A - 20 0004BB 542-21-001 JP-5 Service Pump; repair A - 20
0004BB 584-21-002 Stern Gate Lower Hydraulic Cylinder Assembly; repair A - 20
0004BB 593-11-002 Macerator Pump; repair A - 20
0004BB 980-11-001 Light-Off Discrepancy Correction Assistance; provide A - 20
0004BB 980-80-004 AER LHD5-76101D, Replace Dossert Lug Connectors (MSA) Installation, Alteration Installation Team (AIT) Support Service; provide A - 20
0004BB 982-21-001 Machinery Space Production Completion and Requirement for Light-Off Assessment (LOA)(Complex); accomplish A - 20
0004BB 982-31-001 Dock Trial, Fast Cruise, and Sea Trial; accomplish A - 20
0004BB 110-11-001 Structural repairs; accomplish A - 20 0004BB 110-11-002 Structural repair; accomplish A - 20 0004BB 110-21-001 Shell Plating; repair A - 20 0004BB 120-11-001 Bulkhead; repair A - 20 0004BB 120-11-002 Bulkhead; repair A - 20
0004BB 123-10-001 Tanks and Voids Open, Pump, Clean and Gas Free; accomplish A - 20
0004BB 123-11-001 Fuel/Ballast Tank; repair and preserve A - 20
0004BB 123-11-004 Tank Bolting Ring; preserve A - 20
0004BB 123-12-001 JP-5 Storage Tank; repair and preserve A - 20
0004BB 123-13-001 Fresh Water Drain Collecting Tank; preserve A - 20
0004BB 123-16-001 Ballast Tank; repair and preserve A - 20
0004BB 123-17-001 Oily Waste Tank; repair and preserve A - 20
0004BB 123-17-002 Oily Waste Tank Manhole Cover Bolting Ring; preserve A - 20
0004BB 123-19-001 Collection, Holding and Transfer (CHT) Tank; repair and preserve A - 20
0004BB 123-21-001 Void; repair and preserve A - 20 0004BB 123-46-001 Structural; repair A - 20
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0004BB 130-11-002 Deck; repair A - 20 0004BB 130-11-003 Deck; repair A - 20 0004BB 130-11-004 Deck; repair A - 20 0004BB 167-11-001 Structural Door Assembly; replace A - 20
0004BB 169-11-001 Balloon Inflation Room Roller Door; replace A - 20
0004BB 231-12-001 Number 2 Low Pressure (LP) Turbine Journal Bearing; inspect A - 20
0004BB 241-11-001 Number One Main Reduction Gear (MRG) First Reduction Pinion Low Pressure Forward Bearing; inspect and repair A - 20
0004BB 241-12-001 Number 2 Main Reduction Gear (MRG) Second Reduction Pinion Low Pressure AFT Bearing; inspect and repair A - 20
0004BB 243-10-001 Stern Tube Shaft Seal; repair A - 20
0004BB 243-11-001 Bulkhead Shaft Seal Assembly; replace A - 20
0004BB 243-12-001 Bulkhead Shaft Seal Assembly; replace A - 20
0004BB 251-52-001 Boiler Combustion Air Intake; repair and preserve A - 20
0004BB 254-11-002 Number One Main Condenser Shell Ultrasonic Thickness Inspection; accomplish A - 20
0004BB 254-11-003 Main Condenser; clean, inspect, and repair A - 20
0004BB 254-12-001 Main Condenser; clean, inspect, and repair A - 20
0004BB 254-20-001 Auxiliary Condenser; clean and inspect A - 20
0004BB 254-21-001 Number One Ship's Service Turbine Generator Auxiliary Condenser Shell Ultrasonic Thickness Inspection; accomplish A - 20
0004BB 254-22-001 Number 2 Ship's Service Turbine Generator Auxiliary Condenser Shell Ultrasonic Thickness Inspection; accomplish A - 20
0004BB 254-23-001 Number 3 Ship's Service Turbine Generator Auxiliary Condenser Shell Ultrasonic Thickness Inspection; accomplish A - 20
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0004BB 254-24-001 Number 4 Ship's Service Turbine Generator Auxiliary Condenser Shell Ultrasonic Thickness Inspection; accomplish A - 20
0004BB 254-25-001 Number 5 Ship's Service Turbine Generator Auxiliary Condenser Shell Ultrasonic Thickness Inspection; accomplish A - 20
0004BB 255-20-001 Numbers 1A and 2A Steam Turbine Main Feed Pump (MFP); repair A - 20
0004BB 255-35-001 Emergency Feed and Transfer Pump Number 2; repair A - 20
0004BB 255-35-002 Emergency Feed and Transfer Pump Number One; repair A - 20
0004BB 256-10-001 Auxiliary Sea Water Valve Remote Operating Assembly; repair A - 20
0004BB 256-10-002 Auxiliary Sea Water Valve Remote Operating Assembly; repair A - 20
0004BB 256-11-001 Number One Main Condenser Scoop Check Valve; repair A - 20
0004BB 258-12-001 High Pressure Drain Cross Connect Remote Operating Assembly; repair A - 20
0004BB 261-20-001 Fuel Oil Service Pump Motor Controller; repair A - 20
0004BB 264-30-001 Purifier Steam Heater, Lube Oil Purifier Number One and 2; clean and repair A - 20
0004BB 311-10-001 Ship Service Turbine Generator (SSTG) Labyrinth Seal; replace A - 20
0004BB 313-80-001 ShipAlt LHD5-82230D, Material Handling Equipment (MHE) Battery Charger Replacement; accomplish A - 20
0004BB 433-11-001 5MC Loudspeaker and Foundation; repair A - 20
0004BB 474-11-001 Mk 137 Launcher Foundation and Platform; repair A - 20
0004BB 474-11-002 Mk 137 Launcher Foundation and Platform; repair A - 20
0004BB 474-11-003 Mk 137 Launcher Foundation and Platform; repair A - 20
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0004BB 512-11-001 Exhaust Ventilation; clean A - 20 0004BB 512-11-002 Filter Plenum CPS Fan Room; repair A - 20 0004BB 512-11-003 Ducting, Ventilation; repair A - 20 0004BB 512-11-004 Exhaust Vent Fan Motor; repair A - 20 0004BB 512-11-005 Galley Vent Cleaning; accomplish A - 20 0004BB 512-11-006 Ducting, Ventilation; repair A - 20 0004BB 512-11-007 Ventilation Heater; replace A - 20 0004BB 512-11-009 Ducting, Ventilation; repair A - 20
0004BB 514-20-001 Air Conditioning Plant Condenser; clean and inspect A - 20
0004BB 514-20-002 Air Conditioning Plant Condenser; clean and inspect A - 20
0004BB 514-20-003 Air Conditioning Plant Condenser; clean and inspect A - 20
0004BB 514-21-001 Air Conditioning Plant Condenser Water Control Valve; repair A - 20
0004BB 516-11-001 Ship Service Refrigeration Plant Condenser; clean A - 20
0004BB 521-11-001 Firemain System Piping Weld Joint; repair A - 20
0004BB 521-21-002 Fire Pump Motor; Repair A - 20
0004BB 523-11-001 Countermeasure Washdown (CMWD) Flush Deck Nozzle; replace A - 20
0004BB 524-11-001 Number 2 Ships Service Turbine Generator Cooling Water Piping; replace A - 20
0004BB 529-11-001 Oily Waste Transfer Piping; replace A - 20 0004BB 529-11-002 Oily Waste Transfer Piping; replace A - 20
0004BB 529-11-003 Number 3 Oily Waste Transfer Pump Suction Piping; replace A - 20
0004BB 529-31-001 Deballast Unloader Vent Silencer; replace A - 20
0004BB 529-61-001 Numbers 3 and 4 Deballast Air Compressor (DBAC) Motor; repair A - 20
0004BB 529-61-002 Number One Deballast Air Compressor (DBAC); repair A - 20
0004BB 529-61-003 Numbers 5 and 6 Deballast Air Compressor (DBAC) Motor; repair A - 20
0004BB 531-10-001 Distilling Plant Feedwater Heater; clean and inspect A - 20
0004BB 533-11-001 Potable Water Piping; replace A - 20
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0004BB 533-11-003 Hot Water Heater Repairs; accomplish A - 20
0004BB 534-11-001 Auxiliary Steam Valve Electric Motor Actuator; repair A - 20
0004BB 535-11-001 Port Shore Steam Cutout Valve and Piping; replace A - 20
0004BB 535-11-002 Starboard Shore Steam Cutout Valve and Piping; replace A - 20
0004BB 541-11-002 Fuel Oil Stripping Piping; replace A - 20
0004BB 542-22-001 Number One Jet Fuel Oil Purifier; overhaul A - 20
0004BB 542-31-001 Mogas Jettison Cable; replace A - 20
0004BB 551-31-001 Electronic Dry Air Dehydrator; overhaul A - 20
0004BB 551-31-002 Electronic Dry Air Dehydrator; overhaul A - 20
0004BB 551-51-001 High Pressure Air Compressors (HPAC); repair A - 20
0004BB 551-53-001 Low Pressure Air Compressor (LPAC); repair A - 20
0004BB 555-12-001 AFFF Hose Reel; preserve A - 20 0004BB 571-16-001 Saddle Winch; repair A - 20 0004BB 584-21-001 Lower Stern Gate Seal; replace A - 20
0004BB 588-80-001 ShipAlt LHD5-84178D Ace Platform Bumper Mod; accomplish A - 20
0004BB 589-11-001 Starboard Sideport Cargo Crane; repair A - 20
0004BB 589-11-002 Port Sideport Cargo Crane; repair A - 20
0004BB 589-62-001 Port and Starboard Sideport Shell Door; repair A - 20
0004BB 593-11-001 Collection, Holding and Transfer (CHT) Discharge Piping; replace A - 20
0004BB 612-11-001 Portable Rails; replace A - 20 0004BB 612-11-002 Stanchion; remove and install A - 20
0004BB 612-21-001 AirCraft Elevator Platform and Flight Deck Safety Nets; repair A - 20
0004BB 624-11-001 Balanced Joiner Door; remove, store and install A - 20
0004BB 625-11-002 Conflag Station Number 3 Window; install A - 20
0004BB 631-13-002 Ramp and Sump; preserve A - 20
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0004BB 631-21-001 Mast; preserve A - 20
0004BB 631-21-002 Landing Craft Well Deck Overhead; preserve A - 20
0004BB 634-11-002 Quarry Tile Deck Covering System; install A - 20
0004BB 634-21-001 Flight Deck, Catwalk and Platform Nonskid; replace A - 20
0004BB 635-11-001 Bulkhead Insulation; replace A - 20
0004BB 651-11-001 Port and Starboard Crew Scullery Dishwasher; replace A - 20
0004BB 651-11-002 Tray Slide; replace A - 20
0004BB 655-80-001 ShipAlt LHD5-82709D, LHD Ship Laundry 20 LB Steam Tumbler-Dryer Replacement; accomplish A - 20
0004BB 980-80-001 AER 82795D Forced Draft Blower Tachometer Installation, Alteration Installation Team (AIT) Support Service; provide A - 20
0004BB 980-80-002 AER 81748D, S92-EDTA/Hydrazine Metering Valve Actuator Installation, Alteration Installation Team (AIT) Support Service; provide A - 20
0004BB 980-80-003 ShipAlt 87160D, FDB Lube Oil Cooler Power Supply Replacement, Alteration Installation Team (AIT) Support Service; provide A - 20
0004BB 980-80-005 ShipAlt LHD5-85667D, Install Radar TLIs/TDRs on Auxiliary Tanks, Alteration Installation Team (AIT) Support Service; provide A - 20
0004BB 980-80-006 ShipAlt LHD5-85677D, Install Radar TLIs on Collection, Holding and Transfer (CHT) Tanks, Alteration Installation Team (AIT) Support Service; provide
A - 20
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0004BB 980-90-010 MachAlt LHD5-84418, LHD Aircraft Elevator (ACE) Flow Control Valve Replacement Alteration Installation Team (AIT) Support Service; provide A - 20
0004BB 991-12-002 Temporary Mast and Roller Staging for Ship's Force Use; provide A - 20
0004BB 991-12-001 Staging/Temporary Fall Protection for AIT Use; provide A - 20
0004BB 437-80-001 ShipAlt LHD5-85667D, Radar Tank Level Indicator (TLI) Installation for Auxiliary Tanks; accomplish A - 20
0004BB 437-80-002 ShipAlt LHD5-85677D, Radar Type Tank Level Indicator (TLI) Installation for Collection, Holding, and Transfer (CHT) Tanks; accomplish A - 20
0004CA 512-90-001 ShipAlt 82975K, M-L Repl Vent Trunk/Install Moisture Separator - Laundry; accomplish (OPTION ITEM) A - 0
0004CB 513-90-001 ShipAlt LHD5-82972K, M-L Repl Vent Trunk/Install Moisture Separator - Emergency Generator Room No. 1 & 2; accomplish (OPTION ITEM) A - 0
0004CC 513-90-002 ShipAlt LHD5-82966K, M-L Repl Vent Trunk/Install Moisture Separator, Machinery Room No.One; accomplish (OPTION ITEM) A - 0
0004CD 513-90-003 ShipAlt LHD5-82971K, M-L Repl Vent Trunk/Install Moisture Separator, Machinery Room No.2; accomplish (OPTION ITEM) A - 0
0004CE 513-90-005 ShipAlt LHD5-82974K, M-L Repl Vent Trunk/Install Moisture Separator - Auxiliary Mchry; accomplish (OPTION ITEM) A - 0
0004CF 583-90-001 ShipAlt LHA/LHD-75091K, Class Boat Davit Replacement; accomplish (OPTION ITEM) A - 0
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0004CG 980-90-001 ShipAlt 82879K, SATCC AN/SSC-13 Next Generation Installaton, Alteration Installation Team (AIT) Support Service; provide (OPTION ITEM)
A - 0
0004DA 643-11-001 Habitability Project BTRM-S9680, Troop Berthing Compartment Modification; accomplish (OPTION ITEM) A - 20
0004DB 643-11-002 Habitability Project BENL-S7323, Crew Berthing Compartment Modification; accomplish (OPTION ITEM) A - 20
0004DD 644-11-001 Habitability Project HTRM-S9681, Troop Sanitary Space Modifications; accomplish (OPTION ITEM) A - 20
0004DE 644-11-002 Habitability Project HENL-S7324, Crew Sanitary Space Modifications; accomplish (OPTION ITEM) A - 20
004FA 980-90-002 ShipAlt LHD5-86950K, S-IBS ECDIS-N Tech Refresh Upgrade, Alteration Installation Team (AIT) Support Service; provide A - 20
0004GA 980-90-003 ShipAlt LHD5-83463K, AF27T-12 HCTS Installation, Alteration Installation Team (AIT) Support Service; provide A - 20
0004HA 980-90-004 ShipAlt LHD5-84700K, LMMT Afloat (OTH) Installation, Alteration Installation Team (AIT) Support Service; provide A - 20
0004JA 980-90-005 SWD LHD5-89883 and EC LHD5-89882, DCGS-N Inc1 B2 HW & SW 2.1 G Upgrade, Alteration Installation Team (AIT) Support Service; provide A - 20
0004KA 980-90-006 ShipAlt LHD5-70430K, Mark XIIA Mode 5 IFF System Installation, Alteration Installation Team (AIT) Support Service; provide A - 20
0004LA 980-90-007 ShipAlt LHD5-84619K, PEOC4I NMT ATIP Installation, Alteration Installation Team (AIT) Support Service; provide A - 20
0004MA 980-90-008 ShipAlt LHD5-81798K, NAVMACS Tech Refresh, Alteration Installation Team (AIT) Support Service; provide A - 20
0004NA 980-90-009 TempAlt LHD5-82776, JPALS NPC Install, Alteration Installation Team (AIT) Support Service; provide A - 20
0004PA 980-90-011 EC LHD5-82924, SMQ-11 SLEP SW 5.0.1 EC1, Alteration Installation Team (AIT) Support Service; provide A - 20
0004QA 992-11-004 Barracks Craft Barge Electric Temporary Service in Contractor Plant; provide A - 20
CDRLS specified under this Delivery Order will be provided under CLIN 0006. CLIN 0006 is Not Separately Priced. See Section C below.
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CLAUSES INCORPORATED BY FULL TEXT HQ C-2-0014 CONTRACTOR'S PROPOSAL (NAVSEA) (MAR 2001) (a) Performance of this contract by the Contractor shall be conducted and performed in accordance with detailed obligations to which the Contractor committed itself in Proposal entitled "indefinite Quantity Multiple Award Contract for both Surface Combatants (CG and DDG) and Amphibious (LPD, LDS, LHA, and LHD) class ships" dated January 6, 2016 in response to NAVSEA Solicitation No. N00024-15-R-4405 and N00024-16-D-4411. (b) The technical volume(s) of the Contractor's proposal is incorporated by reference and hereby made subject to the provisions of the "ORDER OF PRECEDENCE" (FAR 52.215-8) clause of this contract. Under the "ORDER OF PRECEDENCE" clause, the technical volume of the Contractor's proposal referenced herein is hereby designated as item (f) of the clause, following "the specification" in the order of precedence. HQ C-2-0016 DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR
SHIP REPAIR (NAVSEA) (SEP 1990) Attention of the Contractor is directed to the Occupational Safety and Health Act of 1970 (29 USC 651-678), and to the Safety and Health Regulations for Ship Repairing (29 CFR 1915), promulgated under Public Law 85-742, amending Section 41 of the Longshoremen's and Harbor Workers' Compensation Act (33 USC 941), and adopted by the Department of Labor as occupational safety or health standards under Section 6(a) of the Occupational Safety and Health Act of 1970 (See 29 CFR 1910.13). These regulations apply to all ship repair and related work, as defined in the regulations performed under this contract on the navigable waters of the United States including any dry dock and marine railway. Nothing contained in this contract shall be construed as relieving the Contractor from any obligations which it may have for compliance with the aforesaid regulations. HQ C-2-0020 DOCK TRIALS AND FAST CRUISE (NAVSEA) (MAY 1993) (a) Dock Trials. The purpose of this trial is to conduct preliminary tests necessary to ensure that the ship is ready for operating at sea. Ship's personnel will conduct all tests and perform all operational functions; however, Contractor personnel will observe tests, record data, and make minor repairs and adjustments as necessary. The dock trial shall be scheduled in accordance with Work Item 982-31-001. Contractor personnel are not to interfere with functions of ship's personnel. (b) Fast Cruise. The "fast cruise" is a simulated underway period. The purpose of fast cruise is to test to the maximum extent possible, the ship's material and operational readiness condition. This includes normal watch stations and engineering casualty control procedures. Contractor personnel will not be allowed onboard during this period unless specifically requested by the Supervisor. Fast cruise shall be scheduled after dock trials and prior to sea trials as cited in Specification Item 982-31-001. HQ C-2-0030 INFORMATION AND DATA FURNISHED BY THE GOVERNMENT (FIXED-PRICE) (NAVSEA) (SEP 2009)
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(a) Contract Specifications. The Government will furnish, if not included as an attachment to the contract, any unique contract specifications set forth in Section C. (b) Contract Drawings and Data. The Government will furnish contract drawings, design agent drawings, ship construction drawings, and/or other design or alteration data cited or referenced in Section C or in the contract specification as mandatory for use or for contract performance. (c) Government Furnished Information (GFI). GFI is defined as that information essential for the installation, test, operation, and interface support of all Government Furnished Material enumerated on NAVSEA Form 4205/19 or Schedule A, as applicable, attached to the contract. The Government shall furnish only the GFI identified on the NAVSEA Form 4340/2 or Schedule C, as applicable, attached to the contract. The GFI furnished to the contractor need not be in any particular format. Further, the Government reserves the right to revise the listing of GFI on the NAVSEA Form 4340/2 or Schedule C, as applicable, as follows: (1) The Contracting Officer may at any time by written order: (i) delete, supersede, or revise, in whole or in part, data listed or specifically referenced in NAVSEA Form 4340/2 or Schedule C, as applicable; or (ii) add items of data or information to NAVSEA Form 4340/2 or Schedule C, as applicable; or (iii) establish or revise due dates for items of data or information in NAVSEA Form 4340/2 or Schedule C, as applicable. (2) If any action taken by the Contracting Officer pursuant to subparagraph (1) immediately above causes an increase or decrease in the costs of, or the time required for, performance of any part of the work under this contract, the contractor may be entitled to an equitable adjustment in the contract price and delivery schedule in accordance with the procedures provided for in the clause of this contract entitled "CHANGES--FIXED-PRICE" (FAR 52.243-1). (d) Except for the Government information and data specified by paragraphs (a), (b), and (c) above, the Government will not be obligated to furnish the Contractor any specification, standard, drawing, technical documentation, or other publication, notwithstanding anything to the contrary in the contract specifications, the GFI listed on the NAVSEA Form 4340/2 or Schedule C, as applicable, the clause of this contract entitled "GOVERNMENT PROPERTY" (FAR 52.245-1) or "GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES " (FAR 52.245-2), as applicable, or any other term or condition of this contract. (e) Referenced Documentation. The Government will not be obligated to furnish Government specifications and standards, including Navy standard and type drawings and other technical documentation, which are referenced directly or indirectly in the contract specifications set forth in Section C and which are applicable to this contract as specifications. Such referenced documentation may be obtained: (1) From the ASSIST database via the internet at http://assist.dla.mil/ ; or (2) By submitting a request to the Department of Defense Single Stock Point (DoDSSP) Building 4, Section D 700 Robbins Avenue Philadelphia, Pennsylvania 19111-5094 Telephone (215) 697-6396 Facsimile (215) 697-9398. Commercial specifications and standards, which may be referenced in the contract specification or any sub-tier specification or standard, are not available from Government sources and should be obtained from the publishers.
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HQ C-2-0033 LIMITATION OF LIABILITY - HIGH VALUE ITEMS (NAVSEA) (JUN 1992) The following items are subject to the clause of this contract entitled "LIMITATION OF LIABILITY--HIGH VALUE ITEMS" (FAR 52.246-24): Item 0004 CLIN DESCRIPTIONS CONTRACT LINE ITEM NUMBER (CLIN) DESCRIPTIONS are available for reference in Attachment J-5. Category I NAVSEA FY-17 Change 2 Standard Items are applicable to all items without further reference. Category II FY-17 Change 2 Standard Items are invoked and/or referenced in individual work items specified in SSP TPPC-LHD5-MARMCN18-CN01. NAVSEA Standard Items may be found at http://www.navsea.navy.mil/Home/RMC/CNRMC/OurPrograms/SSRAC/NSI/FY17NSI.aspx
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