45762 TS-997- Additional Contract requirements.pdf

Additional Contract requirements

The below contract requirements have been determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices and Federal, DHS, and Coast Guard Regulations.

(1) ACCESSIBILITY OF CONTRACTOR’S FACILITY

The 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’ and a minimum vertical clearance of 25’.

The facility shall insure 2 (two) additional feet below minimum water depth at the pier per SFLC Standard Specification 0000 section 3.3.2.1.1.

(2) REQUIRED INSURANCE

The 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 State's 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 number as specifically insured.

(3) 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.

(4) INDEMNIFICATION FOR ACCESS TO VESSELS

Notwithstanding 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 quoters 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.

(5) CONTRACTING OFFICER’S AUTHORITY

No 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.

(6) INSPECTIONS

Except 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.

(7) MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT PROPERTY

IN THE PERFORMANCE OF A SHIP REPAIR CONTRACT

1. 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.

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.

(8) 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, (OCT 2018) will be incorporated.

(b) The Contractor shall furnish a 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 MLCA 002 proposal form provided at the arrival conference permitting an analysis of all materials, labor, equipment, subcontract, 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. 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. 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.

(9) 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); and

(7) all direct and indirect costs and profit associated with the following support functions:

Supervision and Management * Planning and Estimating

Material Handling * Housekeeping

Engineering * Transportation/Drivers

Quality Assurance * Contract Administration

Security * Testing

(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 throughout 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.

(10) METHOD OF PAYMENT AND INVOICING INSTRUCTIONS FOR SHIP REPAIR

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:

An item/CLIN may not be invoiced until the percentage complete reaches 25 percent. Future invoices for that item/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 item/CLIN may be waived by the Contracting Officer on a case by case basis for large dollar items/CLINS.)

Invoices submitted by the contractor which are deemed not proper, in accordance with FAR clause, 52.212-4 will be returned.

(a) WHEN TO SUBMIT: The contractor must first:

(1) Receive a fully-executed purchase order, contract, delivery order or task order

(2) Provide the requirements, and

(3) Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

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.

NOTE: 10% OF THE TOTAL CONTRACT PRICE WILL BE WITHELD UNTIL ALL

DELIVERABLES, REQUIRED BY THE CONTRACT, ARE RECEIVED AND

ACCEPTED.

(b) INVOICE CONTENT: Each invoice must contain the following information:

(1) Invoice Date

(2) Invoice Number

(3) Purchase Order Number or Contract Number or Contract and Delivery/Task Order Number

(4) Contractor’s Name

(5) Contractor’s Address

(6) Contractor’s SAM UEI

(7) Contracting Officer’s Name

(8) Contracting Officer’s Representative’s (COR’s) Name (if applicable)

(9) Invoice Routing Code (IRC) assigned by the Coast Guard as follows: SFLC-3

(10) Period of Performance for Work Invoiced

(11) Contract Line Item Number(s) (CLIN(s)) and Description (if applicable)

(12) CLIN units for the period (if applicable), CLIN rate (if applicable), CLIN Total (if applicable)

(13) For Travel: Components in accordance with FAR 31.205-46

(14) Invoice Total

(15) Discount Offerings

(16) Status as a Small Business (if applicable) for accelerated payment

(17) The last invoice submitted for this award must be clearly labeled with “FINAL INVOICE.”

(18) NOTE: A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix), with common items captured in the list above] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and will be returned to the contractor with a statement of the reason(s) it is not proper.

Electronic Submission of Payment Requests (FSMS Awards)

(a) Definitions. As used in these instructions -

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) Except as provided in paragraph (c) of this clause, the contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP).

Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The contractor may submit payment requests using a method other than IPP only when the contracting officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(d) If alternate payment procedures are authorized, the contractor shall include a copy of the contracting officer's written authorization with each payment request.

(e) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/.

(11) DRYDOCK CERTIFICATION AND DRYDOCK CALCULATIONS: (THIS

SECTION DOES NOT APPLY) (TS997 SPECIFICATION APPLIES)

"Certifications must be current at the time of the established closing date. Failure to include a current certification may render the proposal/quote unacceptable and the proposal/quote may be eliminated from further consideration."

Contractor SHALL provide with his or her proposal/quote a current certification of its drydocking facility/travel lift/or crane as required by the specifications, Work Item D-025 Drydock, and SFLC Standard Specification 8634_STD. (Appendix B) Contractors submitting a proposal and is using a Drydock Facility not owned by the contractor SHALL provide written authorization from the Drydock Facility authorizing the use of the drydock facility for the performance period stated in this solicitation along with the drydock facilities certifications as stated above. All required certifications submitted with contractors proposal will be cross referenced using the Coast Guard Database.

When requested by the Contracting Officer, the Contractor shall also provide the pre-award calculations described in specification Work Item D-025, Drydock, Cutter Conditions, and (Appendix A) 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 A) of the SFLC Standard Specification

8634_STD.

(12) WELDING CERTIFICATION AND QUALIFICATIONS

This solicitation may contain welding line items as either Definitive or Optional Items. With his/her quote the Contractor shall provide the necessary welding certifications and qualifications 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 certifications and qualifications to the COTR for any welding to be performed on any proposed change request.

(13) PLANNING DOCUMENT

Contractor shall submit a preliminary planning document with their proposal IAW SFLC Standard Specification 0000. The requirement to provide the planning document with the proposal supersedes the requirement in paragraph 3.2.5.2 of SFLC Standard Specification 0000. Proposals that do not include a planning document may be considered unresponsive.

In accordance with SFLC Standard Specification 0000:

3.2.5 Planning document. The Contractor shall generate a legible Planning Document (PD) with the following characteristics:

Graphical in format (see Fig. 1 (Sample Planning Document Submittal)).

Shows overall period of performance for each CLIN, with start and stop dates of major subtasks.

Contains due dates for Critical Inspection Reports (CIR) and any events requiring Coast

Guard Inspector presence.

Identifies all work item time periods that require OEM Tech Rep assistance.

Identifies the “critical paths” for the project.

Shows calculations for the “float” along the critical paths and labels the critical paths with the number of delay days the critical paths can absorb without affecting the final delivery date.

NOTE:

Float is the number of days that the critical paths can be delayed without affecting the final delivery date.

3.2.5.1 Ensure that the PD also includes the names, contact information, and written commitment from all Tech Reps required by the Contract - indicating they are available for work during the proposed time period.

EXCLUDED: 3.2.5.2 Submit a preliminary electronic copy of the PD to the KS - for Government review - no later than one week after contract award.

3.2.5.3 Submit 3 copies of the PD to the KS, 15 days prior to the start of the performance period, and at all weekly Progress Meetings.

NOTE:

A separate document, specifically prepared for the Government is not desired or required.

A copy or summary of the Contractor’s internal scheduling document is preferred.

FIG. 1 - SAMPLE PLANNING DOCUMENT SUBMITTAL

3.2.5.4 When the critical path extends beyond or encroaches upon the final delivery date, provide a resource constraint and scheduling evaluation of the critical path before any request for extension will be entertained. Submit the resource constraint and scheduling evaluation via a CFR.

NOTE

The intent of the resource constraint and scheduling evaluation is to identify the resources necessary to ‘crash’ the critical path or make adjustments to the production schedule to meet the delivery date in lieu of a project extension.

(14) AMPP, NACE Level 3, QP-1 Certification

3.2.4 QC/ QA Program.

3.2.4.1 General. The Contractor shall be aware that QC/QA is the sole responsibility of the Contractor;

consequently, the Contractor shall implement a QC/QA Program, to ensure that Contractor work meets the requirements of the specifications, without undue delay and re-work. Be aware that:

The COR may delegate inspection responsibilities to members of the vessel’s crew, to monitor the progress and quality of work done by the Contractor.

If, during the performance of work the Coast Guard Inspectors witness work that fails to meet the specifications, work that is otherwise unsatisfactory, or conditions which may lead to an unsatisfactory end product, the inspectors will alert the KO, who will then advise the

Contractor informally of the deficiency. If the deficient work is not corrected within a reasonable period of time (as approved by the KO), the KO will officially alert the Contractor via a CDR.

3.2.4.2 In-process QC measures for “critical-coated surfaces”. The Contractor shall abide by the below specified in-process QC measures during preservation of “critical-coated surfaces” (see the definition of

“critical-coated surfaces” in paragraph 1.3 (Acronym and term definitions)).

3.2.4.2.1 Painting contractor certification program requirement. Be aware that a “QP 1 Certification”, in accordance with the SSPC QP 1 Certification Programs, is required for all Contractors or sub- Contractors who engage in preservation (excluding touch-ups) of “critical-coated surfaces”.

Ensure that the QP 1-Certification is in effect prior to contract award, and remains so during any surface preparation or painting of said surfaces. Notify the KO of any change in contractor certification status. In addition, be aware that:

If the certification expires during the performance period, preservation tasks will not be allowed to continue, until said certification has been reissued.

Requests for extension of time for any delay to the completion of the project due to an inactive certification will not be considered.

Information on the SSPC certification programs can be found at www.sspc.org

3.2.4.2.2 Coating tech rep. In lieu of meeting the “QP 1 Certification” requirements, the Contractor may opt to provide the services of a coating Tech Rep, in accordance with the following guidelines:

3.2.4.2.2.1 Qualifications. The Tech Rep shall be a Certified Coating Inspector, having successfully completed the NACE-International Coating Inspector Program (CIP), Level 3 - Peer Review.

SFLC STANDARD SPECIFICATION 0000 2014 11 0000

Information regarding the CIP may be obtained at the following URL address: www.ampp.org

3.2.4.2.2.2 Professional independence. The Tech Rep shall neither be an employee of the Contractor, nor of any coating system manufacturer.

3.2.4.2.2.3 Certification document submission. The Contractor shall submit, to the KO, the QP 1

Certificate or the name of the NACE-Certified Tech Rep, along with Certificate Number, during the pre-award phase of the contract.

3.2.4.2.3 QP 1 inspector or tech rep duties. The Coating Inspector for the “QP 1-certified” Contractor or the Contractor-provided NACE-certified Tech Rep shall remain on site, to perform the following duties, as applicable, for each work item that involves preservation of “critical-coated surfaces”:

Verify inspection instrument calibration.

Verify and approve the suitability of ambient conditions before surface preparation is begun, and before each coat of paint is applied.

Verify all aspects of surface preparation – including, but not limited to:

o Cleanliness of compressed air.

o Adequacy of solvent cleaning.

o Proper handling of blast media.

o Actual surface preparation procedure.

Inspect and approve final surface preparation, before application of primer coat.

Supervise and approve coating system preparation and application procedures, including but not limited to: mixing and thinning, stripe coating application, spray techniques, and film thickness measurements and recordings.

Determine when applied coats have sufficiently cured for overcoating or for system service resumption (see paragraph 3.1.19 of SFLC Std Spec 6310 (Critical drying time requirements)).

Complete and sign the quality assurance (QA) inspection forms, provided in Appendix E of

SFLC Std Spec 6310 (Coatings QA Forms/QA-1 thru QA-5).

Submit all completed QA inspection forms to the KO (through the Contractor), upon completion of work.

3.2.4.2.4 The Contractor shall ensure the NACE Inspector is formally informed - via suitable subcontract documentation- and is willing and able to perform all duties listed in above paragraph (QP 1 Inspector or Tech Rep duties). Submit documentation of this contract and assumption of duties to the KO at the Arrival Conference.

NOTE: The AMPP, QP-1, or NACE Inspector must remain onsite, to fulfill the tasked duties listed above - unless otherwise approved by the KO.