DRY DOCK MAINTENANCE AND REPAIRS TO USCGC BRIDLE (65607), SHACKLE (65609), TACKLE (65604)
Added: Jul 14, 2014 1:22 pm COMBINED SYNOPSIS/ SOLICITATION FORDRY DOCK MAINTENANCE AND REPAIRS TO USCGC BRIDLE (65607), SHACKLE (65609), TACKLE (65604)This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued.The solicitation is issued as a Request for Quotation (RFQ) under solicitation number HSCG85-14-Q-P45M74 and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2005-74. This requirement is being solicited as a Total Small Business Set-aside using Simplified Acquisition Procedures per FAR Subpart 13.5 Test Program for Certain Commercial Items. The NAICS code is 336611, Ship Building and Repair, with a Small Business size standard of 1,000 employees. This requirement is for a firm-fixed price contract. The anticipated award date is on or about August 31, 2014. The government intends to award from this solicitation to the responsible vendor whose quote conforming to the solicitation provides the best value.(a) Failure to read and comply with the Specification in its entirety will not relieve the quoter from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the quoter's risk.(b) It is the responsibility of the quoter to monitor the Federal Business Opportunity (www.fbo.gov) website for future notices and postings. Each quoter shall furnish the information required by the solicitation.PRICE SCHEDULE: See the attached price schedule .DESCRIPTION OF REQUIREMENT:The contractor shall perform dry dock maintenance and repairs to the USCGC SHACKLE, TACKLE, and BRIDLE in accordance with the attached Specification. See the attached Price Schedule above to price the work outlined in the attached Specification. The overall period of performance is twenty-four (24) calendar days beginning on or about 01 September tough 24 September 2014. However, the work on each vessel shall commence and end on or about the following dates:USCGC TACKLE POP: 01-05 September 2014USCGC BRIDLE POP: 08-12 September 2014USCGC SHACKLE POP: 15-24 September 2014PLACE OF PERFORMANCE:All work shall be performed at the Contractor's Facility within a geographical restriction of 195 nautical miles from the vessel's homeport and no further than 10 nautical miles off shore. The homeports for each vessel is listed below:USCGC TACKLE homeport is 54 Tillson Ave Rockland ME 04841 USCGC BRIDLE homeport is 184 Clark Point Rd, South West Harbor ME 04679USCGC SHACKLE homeport is 259 High Street South Portland, ME 04106FAR PROVISION 52.212-1, INSTRUCTION TO OFFERORS--COMMERCIAL: Applies to this acquisition and the following addendums to the provisions apply also:REQUIRED DOCUMENTS:Each quoter SHALL FURNISH ALL the information REQUIRED by the solicitation, which includes:1. Price Schedule filled out with a cost associated with each CLIN. 2. Past Performance Documentation (2 relevant to scope of work and within 3 years). 3. Small Business Self Certification for applicable set-aside (i.e.HUBZone, Small Business, SDVOSB, 8(a))4. Welding Certifications and Procedures5. Proof of Insurance (Statement of Coverage from current Insurance carrier)6. Dry Dock Facility or Structure Certification7. Pre-Award Dry Dock Calculations for each vesselFAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at: http://www.arnet.gov/index.html.FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)(a) Prohibitions.Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.(b) Definitions. As used in this clause:Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.(e) Treatment of Certain Rights.(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:(i) warrants;(ii) options;(iii) contracts to acquire stock;(iv) convertible debt instruments; and(v) others similar interests.(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.(f) Disclosure. The offeror under this solicitation represents that [Check one]:__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 tough 3009.108-7003;__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 tough 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 tough 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.WELDING CERTIFICATIONS AND QUALIFICATIONSThis solicitation may contain welding line items as either Definitive or Optional Items. With his/her quote the Contractor shall provide the necessary and valid welding certifications and qualifications for ALL prime and subcontracting personal as required by the specification for the applicable work item(s), and SFLC Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable and valid certifications and qualifications to the COR for any welding to be performed on any proposed change request.DRY DOCK CERTIFICATION AND DRY DOCK CALCULATIONSWith his/her quote the Contractor shall provide a current certification of its dry docking facility as required by the specification, Work Item D-008, Drydocking, and SFLC Standard Specification 8634_STD. When requested by the Contracting Officer, the Contractor shall also provide the pre-award calculations described in specification Work Item D-008, Drydocking, Cutter conditions, and Appendix B of the SFLC Standard Specification 8634_STD. Subsequent to contract award, the government will require the contractor to provide the docking and un-docking calculations described in Appendix B of the SFLC Standard Specification 8634_STD.FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS (JUN 1988)a. Orders for U.S. Coast Guard specification reference drawings must be placed within 10 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD-ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.).Drawing measurements should be verified by the Contractor prior to ordering materials.FAR 52.216-1 TYPE OF CONTRACT (APR 1984)This Request for Quotes (RFQ) is issued in accordance with FAR Part 12 Acquisition of Commercial Items and FAR Subpart 13.5 Test Program for Commercial Items. The Government contemplates award of a firm-fixed-price contract resulting from this solicitation.FAR 52.237-1 SITE VISIT (APR 1984)This RFQ is for the Dry-docking and repairs of the tee (3) vessels, USCGC TACKLE, SHACKLE, and BRIDLE. The point of contact for site surveys for USCGC TACKLE is MK1 Keith Stinson, who can be reached at 207-594-7954. The point of contact for site surveys for USCGC SHACKLE is MK1 Eric Rodriguez Perez, who can be reached at 207-741-5447. The point of contact for site surveys for USCGC BRIDLE is MK1 Michael Farrell, who can be reached at 207-244-4290.The Contracting Officer is Shavonda Jamison who can be reached at 757-441-7036 or Shavonda.Jamison@uscg.milOfferors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.FAR 52.215-20 ALT IV REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010) (a) Submission of cost or pricing data is not required(b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination. The information may be as follows: REQUEST FOR INFORMAL COST BREAKDOWNIn addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below:Trade, (i.e. laborers, rigger, etc.)Breakdown of labor grades by trade categoryManhours per trade, per labor gradeCost/hour/tradeSupplies/materials (description & cost of each)Sub-totalPension PlansOverhead at a rate of ______%Profit at a rate of ________%Total for item _____________FAR PROVISION 52.212-2, EVALUATION-COMMERVIAL ITEMS: Applies to this acquisition and the specific evaluation criteria to be included in paragraph (a) of this provision is as follows:The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The two (2) following factors shall be used to evaluate offers:FACTOR 1-PAST PERFORMANCE:The offeror shall identify at least two (2) relevant (construction, overhaul, repair and alteration of ships) and current federal, state or local government or private contracts performed during the last tee (3) years. For each contract, list:a. Contract number and customer point of contact (including two (2) points of contact With telephone numbers)b. Dollar value of the contract (Original and Final)c. Type of service performed and whether Prime or subcontractord. Required completion date for the contracte. Date the services were actually completedf. Ship Name, Hull Numberg. Contract type (FFP, IDIQ, Requirement, Cost Type)h. Percentage of growth in contract price (Additional work divided by award price)If subcontracting arrangement is proposed, the above data must also be provided for each first tier subcontractor. If a joint effort or teaming arrangement is proposed, highlight previous experience with the proposed team or subcontractor.The past performance evaluation will take into account the guidelines outlined at FAR 15.305(a)(2) Past Performance Evaluation. The Contractor's past performance will be evaluated according to the following factors and questions:- Quality of Product or Service / TechnicalDid the customer get what was specified?Did the customer consider the final product high in quality?If warranty issues arose, were they promptly corrected?- ScheduleWas the contract completed on time? If not, reason why not (growth work, Contractor delayed, government delayed?)- Business Relations / Management and Management ResponsivenessHow was the customer service? Was the Contractor committed to customer satisfaction?Would you use this company again (Why/Why not)?- Management of Key Personnel / SubcontractorsWere subcontracts involved? Comments?In evaluating Contractors past performance, the government intends to also review U.S. Coast Guard Contractor Performance Assessment Reports and other existing past performance ratings on relevant contracts. General trends in a Contractor's performance will also be considered.FACTOR 2-PRICE:Offeror's price shall represent the best price in response to the request for quotes. The price shall be evaluated to determine fairness and reasonableness.****Past Performance is more important than Price****Award may be made without any type of discussions or negotiations. This is based on the Contracting Officer's determination after an evaluation has been completed on all offers.Prior to a contract being awarded a Pre-Award Survey will be conducted by the US Coast Guard Quality Assurance Team. The survey is used as a indication if a contractor has the qualifications to do the work and that the contractor's facilities are certified under US Coast Guard specifications.FAR PROVISION 52.212-3, Offeror Representations and Certifications---Commercial Items: Applies to this acquisition. Each offeror shall include a completed copy of the FAR52.212-3 with its offer.FAR PROVISION 52.212-4, Contract Terms and Conditions--- Commercial Items: Applies to this acquisition and the following addendums to the clause apply also:(a) FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition teshold.(End of clause)(b) FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.(c) FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (JUL 2013) (a) Definitions. As used in this provision-"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables."Federal contracts and grants with total value greater than $10,000,000" means-(1) The total value of all current, active contracts and grants, including all priced options; and(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules)."Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction.(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.(iii) In an administrative proceeding, a finding of fault and liability that results in-(A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000.(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.(d) The offeror shall post the information in paragraphs (c)(1)(i) tough (c)(1)(iv) of this provision in FAPIIS as required tough maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).(End of provision)(d) FAR 52.217-7 Option for Increased Quantity - Separately Priced Line Item (Mar 1989) - VARIATIONThe Government may require the performance of the numbered line items, identified in the Schedule as option items, at the unit prices stated in the Schedule. The option quantities shown in the Schedule are estimates only. The Government has the right to require performance of these items at the quantities deemed necessary. Therefore, the Government may exercise an option item on more than one occasion during the contract performance period. The Contracting Officer will provide initial notification of the exercise of an option either verbally, by facsimile, or both. When time is of essence initial notification will be provided verbally followed within 24 hours by a facsimile of confirmation. A contract modification will be executed shortly thereafter to include those options wherein exercise notification was provided. Such options may be exercised at any phase during the contract performance period as stated herein, or any extension of the performance period. To maintain the contract performance period the Contractor shall commence performance of an option item immediately upon receiving initial notification; but, not later than 24 hours thereafter, unless proper sequencing of the work requires a delay in beginning performance of the option. In that case, the option item shall be commenced as soon as proper sequencing permits. The exercise of any option item listed in the Schedule will not normally extend the contract performance period. However, the Contracting Officer may consider a request by the Contractor for contract extension if an option is exercised after 50% of the contract performance period has expired.(End of Clause)(e) FAR 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.(End of clause)(f) FAR 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.arnet.gov/far/index.htmlFAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995)FAR 52.223-12 Refrigeration Equipment and Air Conditioners (MAY 1995) FAR 52.228-5 Insurance - Work on a Government Installation (JAN 1997)FAR 52.232-18 Availability of Funds (APR 1984)FAR 52.242-2 Production Progress Reports (APR 1991)FAR 52.242-15 Stop Work Order (AUG 1989) FAR 52.245-1 Government Property (APR 2012) FAR 52.245-9 Use and Charges (APR 2012)HSAR 3052.211-70 Index for Specifications (DEC 2003)HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003) HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003)HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003)HSAR 3052.223-90 Accident and Fire Reporting (DEC 2003)HSAR 3052.242-72 Contracting Officer's Technical Representative (DEC 2003)(g) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - APPLICABLE LICENSES AND PERMITS (JUN 2006)The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within (1) day after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.(End of clause)(h) HAZARDOUS WASTEContractors are required to comply with FAR 52.223-3, Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I, the U.S. Coast Guard shipboard hazardous waste policy, as prescribed in COMDINST M16478.1B, and MLCA standard specifications. Disposal of all hazardous wastes shall be performed by the Contractor and the Contractor shall meet all federal and state requirements. The Contractor is also required to submit an acceptable hazardous waste management plan to the Port Engineer at the Arrival Conference. The plan will be reviewed by the facility hazardous waste manager. An acceptable plan must address, at a minimum, the following requirements:(a) EPA and local authority hazardous waste generator ID numbers or registration of the Contractors, his transporters, and disposal facilities (TSDFs);(b) An inventory of all hazardous chemicals, compounds and other agents brought aboard the facility accompanied by their respective Material Safety Data Sheets;(c) A list of all anticipated hazardous wastes to be generated and a federal/state/local regulation cross reference list for those wastes;(d) Waste collection and containment procedures;(e) A hazardous material spill and cleanup plan including tools and materials that will be on hand and readily available to facility containment and cleanup;(f) Training certification for the Contractor's hazardous waste manager.(i) VOLATILE ORGANIC COMPOUNDS (VOC) REGULATIONS(a) Contractors are required to comply with federal, state and local VOC compliance laws and regulations. Among other requirements, certain Contractors may also be required to operate pursuant to a Title V permit. The need for such a permit will depend on the provisions of the applicable state's "State Implementation Plan" (SIP) and the type/quantity of the Contractor's regulated emissions, including VOCs. Certain SIPs may also mandate certain Contractors to operate under the terms of a compliance plan intended to reduce VOC emissions.(b) Contractors, therefore, must submit the following to the designated Port Engineer not later than two weeks after contract award: 1) Copies of any federal, state or local permits required and applicable to the use or application of VOCs at Contractor's facility or offsite work places;2) Copies of any compliance plans required and applicable to the use or application of VOCs at Contractor's facility or offsite work places.(c) If no federal, state or local permits or compliance plans are required and applicable to the use or application of VOCs at Contractor's facility or offsite workplaces, then Contractor shall submit to the designated Port Engineer a letter, notarized under oath, that such documents are not required.(d) Contractors will submit the following to the designated Port Engineer not later than two weeks after contract award: Data Sheets (MSDS) documents, certificates, specifications or any other manufacturing data verifying the VOC ratings of paints to be applied to the Cutter in accordance with MLCA Standard Spec 63000N, Section 5.3.1.(j) TELEPHONE CHARGEThe Commanding Officer of the Cutter will pay all toll charges and applicable taxes and surcharges for long-distance telephone calls placed by ship's personnel. All other charges shall be borne by the Contractor.(k) ACCESSIBILITY OF CONTRACTOR'S FACILITYThe Contractor shall provide a facility accessible from a navigable waterway at which a ship of the characteristics described in the attached specification can, using its own propulsion, safely arrive, lie afloat and depart at all states of the tide and at any time day or night. The facility and its approaches shall have a minimum water depth of __7_ feet and a minimum vertical clearance of _20__ feet.(l) REQUIRED INSURANCEThe Contractor shall, at its own expense, procure and maintain the following kinds of insurance with respect to performance under the contract. In accordance with HSAR 3052.228-70, Insurance (DEC 2003), the Contractor shall furnish the Contracting Officer with proof of insurance for the duration of the contract, including:1. Ship Repairer's Liability - $500,000 per occurrence.2. Comprehensive General Liability - $500,000 per occurrence.3. Full insurance coverage in accordance with the United States' Longshoremen's and Harbor Worker's Act.4. Full insurance coverage in accordance with the State's Workmen's Compensation Law (or its equivalent) for all places of performance under this contract.The insurance certificate must provide the name of the US Coast Guard vessel and the contract and/or solicitation number as specifically insured.(m) ACCESS TO VESSEL(a) A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis.The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security.(b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security.(n) INDEMNIFICATION FOR ACCESS TO VESSELSNotwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of Offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.(o) INSPECTIONSExcept as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements.Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract.The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation.(p) GROWTH WORK(a) The Contractor shall not perform growth work without the Contracting Officer's authorization. Growth work is work within the scope of the contract, which has not been previously priced as a pre-priced CLIN. The Contracting Officer reserves the right to contract for growth work on the basis of a negotiated, firm, fixed price, when it is in the best interest of the Government. If a firm-fixed price contract is awarded, and during the performance period a repair within scope is identified but the Contracting Officer and Contractor are unable to agree on the cost of the work, a bilateral modification may be incorporated into the contract using a Time and Materials modification for this specific repair. In this situation, FAR 52.212-4, Alternate I, will be incorporated.(b) The Contractor shall furnish a complete price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer, of any proposal submitted for a contract modification. Unless otherwise directed, the breakdown shall be submitted on an SFLC 002 proposal form provided at the arrival conference permitting an analysis of all materials, labor, equipment, subcontracts, overhead costs, and profit covering all work involved in the change/modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown with copies of labor, material and all associated costs. If the proposal includes a request for a time extension, justification shall be furnished with the proposal.(c) This clause is to be used in conjunction with the clause COMPOSITE LABOR RATE incorporated into this solicitation. The Contractor is required to have and/or furnish all tools and equipment incidental to each bench trade. Supplies such as wiping rags, hacksaw blades, sandpaper, welding wire, helium, etc., are also to be furnished by the Contractor and shall be included in the Composite Labor Rate. Other materials are to be charged at regular rates and prices currently in effect and as agreed to by the Contracting Officer. Material shall be best commercial quality available except where a precise specification is indicated in which case the specification shall apply, e.g., MILSPEC, FEDERAL SPEC.(q) DISCOVERIES AND CHANGES TO CONTRACT:Work requests can be transmitted electronically by using email. The bullets below display the process of how work requests are to be followed during the availability:Work Request Process will occur in the following order:1. Condition Found Report (CFR)-Generated by the Contractor and provided to COR2. Condition Report Reply(CRR)-Generated by the COR and provided to Contractor3. Work Request- WR and IGE are generated by the COR and forwarded to KO4. COR provides copy of Work Request to the Contractor5. Contractor's Proposal- Provided to the KO for the identified tasking on WR6. Negotiations- If needed, take place to establish pricing7. Approved Work Request- Forwarded to Contractor and COR by the KO8. Modification to Contract- The KS/KO will issue a modification covering all WR'sIn order to determine price reasonableness: All change requests that list sub-contracting and/or material must have a written proposal from the sub-contractor or the company providing the material with complete, detailed information (listing number of hours/price per hour; each part/component & associated cost; and an estimated shipping cost).(r) COMPOSITE LABOR RATE:The composite labor rate offered shall be the sole labor hour rate used to price the Prime Contractor's direct labor hours for contract changes, i.e. growth work. The Contractor shall not receive any compensation in addition to this rate for the Prime Contractor's direct labor associated with such changes under this contract.(a) The composite labor hour rate shall represent total compensation for the following:(1) direct labor wages and salaries;(2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;(3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;(4) all indirect costs such as overhead and general and administrative expense;(5) any port or association fees, rents, or other levies;(6) profit (fee); (7) all direct and indirect costs and profit associated with the following support functions:Supervision and Management Planning and EstimatingMaterial Handling HousekeepingEngineering Transportation/DriversQuality Assurance Contract AdministrationSecurity Testing(8) ALL consumables(b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated.(c) The Quantity of Composite Labor hours indicated in the Schedule of Supplies/Services, is only an estimate and is an Optional Item pursuant to this solicitation. The Estimated Quantity represents the Government's best estimate of the total number of additional hours that may be required toughout the contract. The Government may elect to exceed this value at the prices stated in the schedule and its discretion during performance of the contract. The inclusion of this item does not obligate the Government to exercise the item nor entitle the Contractor to compensation if not exercised.(s) MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT PROPERTY IN THE PERFORMANCE OF A SHIP REPAIR CONTRACT1. The Government Property Clause incorporated by reference delineates the Contractor's overall responsibility when taking possession of government property in performance of a contract. In performance of this contract the Contractor will be required to properly identify, track and control property within its possession. This includes, a) property furnished by the government (GFP) to the Contractor in conjunction with specific CLIN Items. These items and their values are listed in the specification, b) property that is pre-existing in a location that during the course of performance will be replaced or renewed. 2. The items listed in the specification, as government furnished property will be provided in the quantities designated. Government furnished property may be provided in person by an official Coast Guard employee, shipment via commercial carrier, etc. The Contractor shall sign for all government furnished property using either a DD Form 1149, entitled, "Requisition and Invoice/Shipping Document" or a DD Form 1348, entitled, "Issue Release/Receipt Document". A copy of the DD 1149 or DD 1348 must be sent within 48 hours of receipt of property, to the designated Government Property Administrator. The name of the individual assigned as Property Administrator will be furnished to the Contractor at time of award. The Contractor shall not take receipt of property that is not listed in the specification, has not been previously identified as becoming part of the contract (via contract modification) or which otherwise cannot be identified. Such irregularities shall be immediately reported to the Property Administrator.3. The Contractor shall complete the report provided herein, entitled, "Government Property Report". This report is intended as a living document whereby relevant fields shall be filled in, maintained and kept current at all times. All property described in paragraph 1 (a and b) above shall be reported on the report. At contract completion the Contractor and the Property Administrator shall ensure that all fields are appropriately completed. A signature block is provided at the end of the report for both parties to attest to the report's accuracy and completeness. The Government Property Report shall clearly delineate the complete track that all Government property took over the course of the contract. This completed report must accompany the Contractor's final invoice. Final payment may be delayed, without penalty of interest, until such time as the report is received. A separate copy of the completed report and any final DD 1149s or DD 1348s executed, as a result of carrying out disposition instructions shall be provided to the Property Administrator.4. Pursuant to the Government Property Clause the authority to render disposition instructions of Government property associated with this contract is delegated to the Property Administrator. The Contractor shall comply with all instructions in the contract for the return of government property to the Coast Guard. This includes government property taken off the vessel (shafts, propellers, etc.), government property returned to the vessel (special tools, etc.) or surplus government property not used during performance of the contract.(t) CONTRACTING OFFICER'S AUTHORITYNo oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.(u) CONTRACTOR PERFORMANCE EVALUATION(a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror's past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.(b) NOTIFICATION: Upon completion of the contract, the Contractor will be notified of the assessment. The Contractor will be allowed 30 days to respond to the SLFC's assessment of its performance entered into CPARS. The Contractor's response, if any, will be made part of the CPAR system at https://www.cpars.csd.disa.mil.(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the Contractor's record of conforming to contract requirements and to standards of good workmanship; the Contractor's record of forecasting and controlling costs; the Contractor's adherence to contract schedules, including the administrative aspects of performance; the Contractor's history of reasonable and cooperative behavior and commitment to customer satisfaction; the Contractor's record of integrity and business ethics, and generally, the Contractor's business-like concern for the interest of the customer.(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the Contractor.(v) CONTRACT DEFICIENCY REPORTThe Contracting Officer or Contracting Officer's Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing. HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: [The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.] (a) Provisions.____3052.209-72 Organizational Conflicts of Interest. ____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause. ____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.(b) Clauses. ____3052.203-70 Instructions for Contractor Disclosure of Violations.____3052.204-70 Security Requirements for Unclassified Information Technology Resources. ____3052.204-71 Contractor Employee Access. ____Alternate I _X__3052.205-70 Advertisement, Publicizing Awards, and Releases. ____3052.209-73 Limitation on Future Contracting. ____3052.215-70 Key Personnel or Facilities. ____3052.216-71 Determination of Award Fee. ____3052.216-72 Performance Evaluation Plan. ____3052.216-73 Distribution of Award Fee. _X__3052.217-91 Performance. (USCG) _X__3052.217-92 Inspection and Manner of Doing Work. (USCG) _X__3052.217-93 Subcontracts. (USCG) _X__3052.217-94 Lay Days. (USCG) _X__3052.217-95 Liability and Insurance. (USCG) _X__3052.217-96 Title. (USCG) _X__3052.217-97 Discharge of Liens. (USCG) _X__3052.217-98 Delays. (USCG) _X__3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)_X__3052.217-100 Guarantee. (USCG) ____3052.219-70 Small Business Subcontracting Plan Reporting. ____3052.219-71 DHS Mentor Protégé Program. ____3052.228-70 Insurance. ____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG) ____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG) ____3052.228-92 Fair Market Value of Aircraft. (USCG) ____3052.228-93 Risk and Indemnities. (USCG) ____3052.236-70 Special Provisions for Work at Operating Airports. _X__3052.242-72 Contracting Officer's Technical Representative. ____3052.247-70 F.o.B. Origin Information. ____Alternate I ____Alternate II ____3052.247-71 F.o.B. Origin Only. ____3052.247-72 F.o.B. Destination OnlyFAR CLAUSE 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items applies to this acquisition and is hereby inserted as follows: (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:[Contracting Officer check as appropriate.]X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).___ (5) [Reserved]___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).___ (13) [Reserved]X(14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).___ (ii) Alternate I (Nov 2011).___ (iii) Alternate II (Nov 2011).___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).___ (ii) Alternate I (Oct 1995) of 52.219-7.___ (iii) Alternate II (Mar 2004) of 52.219-7.X(16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).___ (ii) Alternate I (Oct 2001) of 52.219-9.___ (iii) Alternate II (Oct 2001) of 52.219-9.___ (iv) Alternate III (July 2010) of 52.219-9.X (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).X (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).___ (ii) Alternate I (June 2003) of 52.219-23.___ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).___ (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).X(25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).X(28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).X (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).X(30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).X (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).X (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).X (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).X(34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).X(35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).X (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) + (E.O.s 13423 and 13514___ (ii) Alternate I (Jun 2014) of 52.223-13.___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).___ (ii) Alternate I (Jun 2014) of 52.223-14.___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).___ (ii) Alternate I (Jun 2014) of 52.223-16.X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).___ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).___ (44) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).___ (ii) Alternate I (May 2014) of 52.225-3.___ (iii) Alternate II (May 2014) of 52.225-3.___ (iv) Alternate III (May 2014) of 52.225-3.___ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).___ (46) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).___ (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).___ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).___ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).___ (52) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).X (53) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).___ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).___ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).___ (56) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).___ (ii) Alternate I (Apr 2003) of 52.247-64.(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:[Contracting Officer check as appropriate.]___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition teshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.(viii) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(x) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)(xi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.(xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)ADDITIONAL CONTRACT TERMS AND CONDITIONS:It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests.Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer tough open and frank discussions. If the protester's concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.Election of Forum. After an interested party protests Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.The Ombudsman Hotline telephone number is 202.372.3695.INVOICE SUBMISSION PROCESS:1. The Contractor shall prepare a proper invoice IAW FAR clause 52.212-4, and in addition to the information required by FAR 52.212-4(g) as cited in the contract. All invoices shall be itemized to correlate to the Schedule of Supplies/Services.(A) The Government will make payment under this contract based on a percentage or stage of completion. The Contractor may invoice each contract line item (CLIN) as work progresses. The amount invoiced shall be calculated based on those prices stipulated in the contract Schedule of Supplies/Services as follows:(B) A CLIN may not be invoiced until the percentage complete reaches 25 percent. Future invoices for that CLIN have no limitation as to the percentage of completion required before invoicing. (The minimum percentage of completion (25%) to be reached prior to billing each CLIN may be waived by the Contracting Officer on a case by case basis for large dollar CLINS.)(C) In addition to the information required by FAR 52.212-4 (g) Invoices shall include:1) Contract Number, Delivery Order/Task Order Number, DOC Number2) Name and Address of the Contractor3) Invoice Number and Invoice Date4) DUNS Number5) Name of the Contract Specialist and Contracting Officer's 6) Invoice Routing Code (IRC): SFLC-17) Indicate Small Business Status8) Indicate if Final Invoice, the Contractor's final invoice submitted under the contract must be marked as follows: THIS INVOICE CONSTITUTES THE FINAL INVOICE - UPON PAYMENT OF THIS INVOICE NO OTHER MONIES ARE DUE UNDER CONTRACT NUMBER (to be assigned upon contract award).9) The percentage of completion for each CLIN identified; 10) Vessel name 11) The overall percentage and dollar amount previously billed, currently billed and unbilled,12) Shipping and Payment Terms13) Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice.All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment.1. The Contractor shall forward invoices to via e-mail to the designated Port Engineer/COR for signature prior to electronically submitting to the Coast Guard Finance Center.2. The COR shall review and verify invoices, sign the invoice and return the invoice to the Contractor.3. The Contractor shall complete the Contractor Invoice Submission Form (listed below).4. The Contractor shall submit the Contractor Invoice Submission Form, a PDF file of the invoice, and any necessary documents for supplies or services via the U.S. Coast Guard Finance Center website at:http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfmContractor Invoice Submission FormDirections: Please complete as much information as possible. All blocks in red text are required entries.Note: Web-Invoices are accepted only for Coast Guard Contracts over the Simplified Acquisition Teshold (Document Type 24).THIS WEB FORM IS NOT AN OFFICIAL INVOICE. THE OFFICIAL INVOICE MUST BE ATTACHEDInvoice InformationInvoice Routing Code: (help)Invoice Number: (help)Contract Number: (help)Invoice Date: (help)BPA Number: (help)Invoice Amount: (help)Delivery/Task Order Number: (help)Discount Terms: %Discount Days: Net Days: (help) Company Information Attachment of Official InvoiceCompany Name: (help)DUNS: Plus 4: (help)Point of Contact Name: (help)Point of Contact Email: (help)Phone: (help) Fax: (help)Please verify your entry on the next page. Attach invoice and any supporting documentation after verification.• Attachment must be a single PDF file no larger than 3 MB. Grey-scale PDFs are not compatible. This will be our official invoice. Supporting documentation must be combined in the single PDF file or submitted to your contracting office separately via email. • Need help creating a PDF file? Click here for instructions. 6. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this contract is SFLC-1.7. Visit the U.S. Coast Guard Finance Center Website for instructions regarding invoice attachments. http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm8. A copy of the invoice and any supporting documentation shall also be e-mailed to the following individual:Shavonda.Jamison@uscg.milAdditional work verbally agreed to by the parties that has not yet been incorporated into the contract by modification shall not be included in an invoice. Payments will not be made for any work to which a modification has not been properly executed. Invoices submitted for payment that includes such a request will be reduced by the unmodified amount.NOTE: 10% OF THE TOTAL CONTRACT PRICE WILL BE WITHHELD UNTIL ALL DELIVERABLES, REQUIRED BY THE CONTRACT, ARE RECEIVED AND ACCEPTED.FURTHER CONSIDERATIONS WITH INVOICING:In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:(1) On the later of:(i) For invoices that are mailed the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt. (ii) For invoices electronically transmitted by the Contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or(iii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless-a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; orb) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;(2) On the date placed on the invoice by the Contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.(4) Web based submission by the Contractor and receipt confirmation does not reflect Government review or acceptance of the invoice. (5) For inquiries and payment status please visit: https://fincen.uscg.mil/secure/payment.htmThe Data Universal Numbering System (DUNS) number is the primary identifier in System for Award Management (SAM), formally known as Central Contractor Registration (CCR), (see FAR 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003)). Contractors are located and identified in SAM by their DUNS number. Therefore, to facilitate payment, the DUNS number shall be recorded on every invoice submitted to the U.S. Coast Guard.All payments for partial performance rendered by the Government under this contract are based on the assumption that the Contractor will, in good faith, execute and honor all payment terms entered into between it, the Prime Contractor, and any sub Contractor thereof in the performance of this contract. The Contractor hereby acknowledges the Government's right to reduce or suspend progress payments based on non-payment in accordance with any payment terms of the subcontract agreement.Any amount deemed not payable will be deducted from the Contractor's invoice. Deducted amounts may be resubmitted on the next invoice for reconsideration.DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM (DPAS) AND ASSIGNEMENT RATING:FAR 52.211-15 Defense Priority and Allocation Requirements (APR 2008) DO N5 RatingDATE, TIME, AND PLACE OFFERS ARE DUE:Offers are due no later than 31 July 2014 at 12:00pm EST.Submit your offer with all required documentation no LATER THAN 31 July 2014 at 12:00pm EST via one of the following methods:  Mail to:United States Coast Guard Surface Forces Logistics CenterAttn: Shavonda Jamison, Contracting Officer300 East Main Street, Suite 600Norfolk, VA 23510-9112 Email to:Attn: Shavonda JamisonEmail: Shavonda.jamison@uscg.mil • Fax to: Attn: Shavonda Jamison Fax Number: 757-628-4676QUESTIONS/CONCERNS/REQUEST FOR DRAWINGS: It shall be the obligation of the vendor to exercise due diligence to discover and to bring to the attention of the Government any ambiguities, inconsistencies or concerns regarding the information in this solicitation. All questions/concerns/request for drawings regarding this solicitation shall be submitted in writing to the Contracting Officer, Shavonda Jamison no later than (23 July 2014 at 12:00 PM EST). Follow-up/ additional questions will not be accepted after this date and time due to time constraints. Vendors shall reference the solicitation number and provide enough information in their email so the Government can easily respond to their questions/concerns. Questions/concerns will be compiled and addressed on an Amendment of Solicitation (SF-30) and will be posted on the FedBizOpps website for viewing by all potential vendors. Answers to questions will be available after the due date for questions/concerns has past.
HSCG85-14-Q-P45M74 Department of Homeland Security US Coast Guard
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