70Z04018QP30987.pdf

Solicitation Number: 70Z04018QP3098700: Combined Synopsis/Solicitation

USCG ANT MUSKEGON (49412) U/W BODY

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Informal Forum with the Ombudsman. 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. Under this informal process the Agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the Agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

FORMAL AGENCY PROTEST WITH THE OMBUDSMAN: Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through 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. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth at FAR

33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protests to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the

OPAP program should be forwarded to the address below:

Commandant (GG-913)

U.S. Coast Guard Headquarters

Procurement Planning & Oversight Division

1900 Half Street, SW, JR11-0203

Washington, DC 20593-0001

Telephone: (202) 372-3692

FAX: (202) 475-3904

(ii) The solicitation number is 70Z04018QP3098700; this solicitation is issued as a request for quotation

(RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2005-95, effective January 19, 2017.

(iv) The NACIS Code associated with the acquisition is 336611. The small business size standard is

1,250 employees. This is a 100% total small business set-aside procurement.

(v) Contract Line Item is as follows:

CLIN DESCRIPTION QUANTITY UNIT OF

ISSUE

UNIT

PRICE

TOTAL

D-001 U/W Body, Preserve

(100%)

1 Job 1

D-002 Stern Tube Interior

Surfaces, Preserve

100%

1 Job 1

D-003 Decks – Exterior

(Buoy), Preserve 100

Percent

1 Job 1

D-004 A-Frame, Preserve 100

Percent

1 Job 1

D-005 Hull Plating Freeboard, Preserve “100%”

1 Job 1

D-006 Work Shelter, Temporary, Provide

1 Job 1

D-007 Deck (Foredeck), Preserve 100%

1 Job 1

D-008 Superstructure, Preserve “100%”

1 Job 1

O-009 Composite Labor Rate 1 Hour 1

D-010 GFP Report 1 Job 1

Total Definite Value $

Total Option Value $

(Firm fixed priced items and optional items) Total Value $

Definite Contract Line Items are marked as “D” for Definite. Optional Contract Line Items are marked

“O” for Optional. Insert unit prices in all items listed in the Schedule unless “NSP” is printed in the unit price column for any item. “NSP” in the columns means “Not Separately Priced”. Any additional labor necessary will be performed on a labor hour basis, the quantity. All other Contract Line Items are firm-fixed price.

(vi) The United States Coast Guard (USCG) has a need for a Contractor to complete a commercial availability for Coast Guard Station Ant Muskegon (49412) to include all work items identified in the

REV-0 Specification dated 20 JULY 2017 and any approved growth work discovered during this availability. This solicitation will establish a Firm Fixed Price Contract with the selected offeror utilizing simplified acquisition procedures in accordance with Federal Acquisition Regulation (FAR)

Part 13.

(a) The Contractor shall furnish all necessary labor, material, services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified, to perform dry-docking repairs and alterations to the vessel, in accordance with this solicitation and attached specifications.

(b) Failure to read the specifications in their 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.

(c) All responsible sources may submit a quotation, which if timely received, shall be considered by the

Agency. Companies must have valid DUNS number and be registered with System for Award

Management (SAM) www.acquisition.gov and shall provide the company Tax Information Number

(TIN) with their offer.

(vii) The USCG requires a period of performance of thirty-seven (37) calendar days with a start date on or about 21 June 2018 and a projected end date on or about 27 July 2018. Place of performance will be at: USCG ANT MUSKEGON, 1453 BEACH ST., MUSKEGON, MI 19441.

(viii) The provision at 52.212-1, Instructions to Offerors – Commercial (JAN 2017), applies to this acquisition.

(ix) The provision at 52.212-2 Evaluation—Commercial Items (OCT 2014)

(a) 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 following factors shall be used to evaluate offers:

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 three (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 subcontractor

d. Required completion date for the contract

e. Date the services were actually completed

f. Ship Name, Hull Number

g. Contract type (FFP, IDIQ, Requirement, and 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.

2) Total Evaluated Price: The aggregate price determined by totaling the offer price for Definite Items.

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 significantly more important than price.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful

Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

(x) Offerors please include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Items (JAN 2017) with your offer. Please be aware failure to provide a completed copy may result in elimination of quote due to nonconformance.

(xi) FAR Clause at 52.212-4 Contract Terms and Conditions – Commercial Items (JAN 2017) applies to this acquisition.

(xii) FAR Clause at 52.212-5 Contract Term and Conditions Required to Implement Statues or

Executive Orders – Commercial Items (JAN 2017) applies to this acquisition. The following FAR

Clauses are applicable to this acquisition:

FAR 52.203-6 Restrictions on Subcontractors Sales to the Government (OCT 1995)

Alternative I (OCT 1995)

FAR 52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015)

FAR 52.204-10 Reporting Executive Compensation First –Tier (OCT 2015)

Subcontract Awards

FAR 52.209-6 Protecting the Government’s Interest When (OCT 2015)

Subcontracting with Contractors Debarred, Suspended

Or Proposed for Debarment

FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

FAR 52.219-9 Utilization of Small Business Concerns (OCT 2014)

FAR 52.219-14 Limitations on Subcontracting (NOV 2011)

FAR 52.219-28 Post Award Small Business Program Representation (JUL 2013)

FAR 52.222-3 Convict Labor (JUN 2013)

FAR 52.222-19 Child Labor – Cooperation with Authorities and (JAN 2016)

Remedies

FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015)

FAR 52.222-26 Equal Opportunity (APR 2015)

FAR 52.222-35 Equal Opportunity for Veterans (OCT 2015)

FAR 52.222-36 Equal opportunity for Workers with Disabilities (JUL 2014)

FAR 52.222-37 Employment Reports on Veterans (OCT 2015)

FAR 52.222-40 Notification of Employee Rights Under the National (DEC 2010)

Labor Relations Act

FAR 52.222-50 Combating Trafficking in Persons (MAR 2015)

FAR 52.223-18 Encouraging Contractor Policies to Ban Text (AUG 2011)

Messaging While Driving

FAR 52.225-1 Buy American – Supplies (MAY 2014)

FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

FAR 52.232-33 Payment by Electronic Funds Transfer – System for (JUL 2013)

Award Management

(xiii) 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) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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 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.

(8) 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.

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

Invoices shall be submitted to the USCG Finance Center http://www.fincen.uscg.mil/electron cg.htm and, with courtesy copy via email to Iris.M.Johnson@uscg.mil signed by the COR.

(A) Each invoice shall contain the following information:

(1) Contract or Delivery/Task Order Number

(2) Name of the Contract Specialist or Contracting Officer

(3) Invoice Routing Code (IRC) assigned by the Coast Guard

(4) Annotate on the invoice indicating that the contractor represents a small business for accelerated payment purposes.

(B) The Coast Guard unique Invoice Routing Code (IRC) for this contract or delivery/task order is:

Invoice Routing Code (IRC) SFLC-3

(C) Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference:

http://www.fincen.uscg.mil/electron%20cg.htm mailto:Iris.M.Johnson@uscg.mil

(1) FINCEN Website invoice receipt form:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(2) Fax: (757-523-6900)

(3) Mailed to: Commercial Invoices

U.S. Coast Guard Finance Center

1430A Kristina Way

Chesapeake, VA 23326

(D) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe .pdf formatted file, or as otherwise specified in the contract.

(E) Supporting documentation along with a courtesy copy of the invoice may also be e-mailed to the

Contract Specialist and/or COR at the addresses cited below:

Allen.a.tillman@uscg.mil, Contract Specialist

Assigned at the time of Contract Award, COR

(F) 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 or transmitted via facsimile, 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

(ii) 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; or

b) 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) Payment inquiries and status may be obtained - at the following website:

https://www.fincen.uscg.mil/secure/payment.htm

Below are additional provisions and clauses required by the FAR, CGAP, or Department of

Homeland Security necessary for this acquisition:

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 this/these address(es):

www.acquisition.gov

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/these address(es):

www.acquisition.gov

(End of clause)

Clauses and provisions incorporated by reference:

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)

FAR 52.204-7 System for Award Management Number (JUL 2013)

FAR 52.204-13 System for Award Management Maintenance (JUL 2013)

FAR 52.204-18 Commercial & Government Entity Code (JUL 2015)

FAR 52.204-19 Incorporation by Reference of Representations and

Certifications (DEC 2014)

FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—

Representation (NOV 2015)

FAR 52.209-6 Protecting the Government’s Interest when Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters (JUL 2013) https://www.fincen.uscg.mil/secure/payment.htm http://www.acquisition.gov/ http://www.acquisition.gov/

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

FAR 52.211-15 Defense Priority and Allocation Requirements (APR 2008) DO N2 Rating

FAR 52.215-5 Facsimile Proposal (Oct 1997)

FAR 52.217-5 Evaluation of Options (JUL 1990)

FAR 52.217-8 Option to Extend Services

FAR 52.219-14 Limitations on Subcontracting (NOV 2011)

FAR 52.222-22 Previous Contracts and Compliance Reports (FEB 1999)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997)

Alternate I (JUL 1995)

FAR 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552a) Alternate I (Jan 2017) FAR 52.225-25 Prohibition on Engaging in Sanctioned Activities Related to Iran—

Certification (OCT 2015)

FAR 52.228-5 Insurance – Work on a Government Installation (JAN1997)

FAR 52.232-1 Payments (APR 1984)

FAR 52.232-8 Discounts for Prompt Payment (FEB 2002)

FAR 52.232-11 Extras

FAR 52.232-18 Availability of Funds (1984)

FAR 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (DEC 2013)

FAR 52.242-2 Production Progress Reports (APR 1991)

FAR 52.245-1 Government Property (APR 2012)

FAR 52.245-9 Use and Charges (APR 2012)

FAR 52.246-2 Inspection of Supplies – Fixed Price (AUG 1996)

FAR 52.246-15 Certificate of Conformance (APR 1984)

FAR 52.246-16 Responsibility for Supplies (APR 1984)

FAR 52.247-34 F.O.B. Destination (NOV 1991)

HSAR 3052.211-70 Index for Specifications (DEC 2003)

HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003)

HSAR 3052.217-91 Performance (DEC 2003)

HSAR 3052.217-92 Inspection and Manner of Doing Work (DEC 2003)

HSAR 3052.217-93 Subcontracts (DEC 2003)

HSAR 3052.217-94 Lay Days (DEC 2003)

HSAR 3052.217-95 Liability and Insurance (DEC 2003)

HSAR 3052.217-96 Title (DEC 2003)

HSAR 3052.217-97 Discharge of liens (DEC 2003)

HSAR 3052.217-98 Delays (DEC 2003)

HSAR 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (DEC

2003)

HSAR 3052.217-100 Guarantee (JUN 2006)

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 3052.242-71 Dissemination of Contract Information (DEC 2003)

HSAR 3052.242-72 Contracting Officer’s Technical Representative (DEC 2003)

HSAR 3052.245-70 Government Property Reports (JUN 2006)

FAR 52.211-14 -- NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE,

EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be [ ] DX rated order; [X] DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense

Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of Provision)

(10) 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.

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 through 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 through 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 through 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.

(End of Provision)

HSAR 3052.209-79 Representation by Corporations regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability (Feb 2014) (DHS FAR Class Deviation

14-02)

(a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations

Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that:

(1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) The Offeror represents that: [Offeror please mark]

(1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months.

(2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(c) If the Offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid

Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government’s request.

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:

(a) Provisions.

3052.205-70 Advertisement, Publicizing Awards, and Releases.

3052.242-72 Contracting Officer’s Technical Representative.

3052.247-72 F.o.B. Destination Only.

(End of clause)

(xiv) The Defense Priorities and Allocations System doesn’t apply to this procurement.

(xv) Offerors shall submit quotes as follows –

Vendors shall submit an electronic copy of your firm’s quotation to Iris M. Johnson at

Iris.M.Johnson@uscg.mil no later than May 11, 2018, at 12:00pm (EST). All submissions shall include 70Z04018QP3098700 in the subject line of the email. There is not a character length or mixed case requirement imposed on your password. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation.

REQUIRED DOCUMENTS:

Each Offeror shall furnish the information required by the solicitation, which includes:

Section 1: Price Quote (Please fill-in Pricing);

Section 2: Past Performance / References Proposal (Past Performance Questionnaire is provided with this solicitation and should be sent to the contractors references and a completed copy by the contractors references should be emailed to Iris.M.Johnson@uscg.mil by the closing date and time as required by this solicitation) (This section should include the offerors completed representations and certifications.); and

Section 3: Any issued amendments to the solicitation.

ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about, May 18, 2018.

(xvi) Please email Iris.M.Johnson@uscg.mil to request CD drawings referenced in specification. Please indicate where you would like the drawings sent to in your email. Requests for drawings shall be received no later than April 18, 2018 at 12:00pm Eastern Standard Time.

Any Contractor’s Requests for Clarifications shall be answered via amendment to the solicitation and shall be received no later than April 25, 2018 at 12:00 p.m. Eastern Standard Time. The closing date and time for receipt of quote is May 11, 2018 at 12:00 p.m. Eastern Standard Time. All quotes shall be submitted via email to Iris.M.Johnson@uscg.mil . An offeror not able to submit their quote via email must notify the

Contract Specialist at (410) 762-6427 or via e-mail Iris.M.Johnson@uscg.mil 24 hours prior to the closing date and time specified in this solicitation. The solicitation closing date and time will not be extended.

Offerors may contact Iris M. Johnson (410) 762-6427 or Iris.M.Johnson@uscg.mil for information regarding this solicitation.

mailto:Iris.M.Johnson@uscg.mil mailto:Iris.M.Johnson@uscg.mil mailto:Iris.M.Johnson@uscg.mil mailto:Iris.M.Johnson@uscg.mil