COMBINED_SYNOPSIS_KSKA_DD_WPB1339.pdf

USCGC KISKA (WPB-1339)

DRYDOCK REPAIRS

70Z080-18-Q-P4504400

(i) This is a Combined Synopsis/solicitation for commercial services 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.

(ii) The solicitation is issued as a Request for Quotation (RFQ).

( i i i ) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-97, dated January 24, 2018.

( i v ) This requirement is being solicited as total small business set aside using FAR Part 12

Acquisition of Commercial Items and FAR 13.5 Simplified Procedures for Certain

Commercial Items. The NAICS Code is 336611- Ship Repair with a small business size standard of 1,250 employees. The solicitation number is 70Z080-18-Q-P4504400.

(v) SCHEDULE OF SUPPLIES/SERVICES: See Attachment 1.

(vi) DESCRIPTION OF WORK: The Contractor shall furnish all necessary facilities, labor, materials, services, equipment, supplies, power, accessories, special tools, consumables and other things necessary to perform a dry dock and various ship repairs for the USCGC KISKA

(WPB-1339), a 110-foot patrol boat, all in exact accordance with this solicitation and the attached specification. See Attachment 2.

(vii) PERIOD OF PERFORMANCE: The performance period for this requirement is thirty (30) calendar days from 07 May through 6 June 2018.

GEORGRAPHICAL RESTRICTION: USCGC KISKA is restricted to the Territory of Guam.

PLACE OF PERFORMANCE: The place of performance will be at the contractor’s proposed certified dry dock facility capable of docking the vessel located within the Geographical

Restricted area listed above.

(viii) FAR 52.212-1 INSTRUCTIONS TO OFFERORS– COMMERCIAL ITEMS (JAN

2017) ADDENDA

All pages in the quote shall be numbered and identified with the quote’s name and RFQ

Number 70Z080-18-Q-P4504400, DRYDOCK Repairs for USCGC KISKA (WBP-1339).

Subsequent revisions should be similarly identified to show revision number and date.

A. REQUIRED DOCUMENT SUBMISSION:

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

1. Cover letter with: Quoter’s name, address, point of contact, phone number and DUNS number.

2. Attachment (1) Completed pricing Schedule for Services.

3. Production Schedule Gantt Chart in accordance with SFLC Standard Specification 0000, General Requirements.

3. Past Performance Documentation based on information contained in Attachment (3).

4. Provide a written Plan for CLIN Work Item 06, Cradle Assembly, Transport of US Coast

Guard 110’ WPB Docking/Lifting Cradle.

5. Welding Procedures, Signed Welding Certifications, Welding continuity records all IAW SFLC Standard Specification 0740.

6. Certificate of Insurance; (Statement of Coverage from current Insurance carrier –listing vessel’s name).

7. Valid Dry Dock Certification IAW SFLC Standard Specification 8634, Drydocking.

8. Valid Certification for lifting equipment for the vessel; Travel Lift Certification, Crane Certification IAW SFLC Standard Specification 8634 Drydocking.

9. List of ALL Sub-Contractor’s: name; address; point of contact –phone number; must also identify the (CLIN) Work Item and percentage amount of work the Sub-Contractor is to complete.

10. Certifications for ALL Technical Representatives for BOTH PRIME AND SUBCONTRACTORS if required by the specification.

B. EVALUATION FACTORS

Factor I: Technical Capabilitiy. Offeror’s will be evaluated as Acceptable or Unacceptable.

Offeror’s must meet all requirements listed within each of the four (4) technical factors to be determined Technically Acceptable in conjunction with being able to pass a Pre-Award Survey of your facility.

Factor II: Past Performance. The Government may utilize any references provided by the

Contractor, along with information available from past contracts/orders with the USCG and any information found using sources such as Federal Government sources, Past Performance

Information Retrieval System (PPIRS)/Contractor Performance Assessment Reporting System

(CPARS) to determine if the Contractor has satisfactory or neutral Past Performance. The

Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the offeror. The offeror should provide at least two relevant past performance evaluations within the last two (2) years. Past performance less than satisfactory may not be considered for award.

Factor III: Pricing. Complete Attachment 1 with prices for all CLINs.

The Offeror must also submit the following detailed information to support the pricing offer if requested, in addition to completing Schedule of Services Attachment (1) of the solicitation.

Offerors may use their own format for the information required below but it must be easily read and comprehended and identified by individual work item (eg. D-01, D-02):

1. Breakdown for each work item:

(a) Direct labor cost by labor hours and proposed hourly rate(s);

(b) Materials; Subcontracts; Equipment; Other Direct Costs; and Profit, if listed separately --individually identifying any items which are $500 or greater.

2. Provide a listing by subcontractor with the following information:

(a) Identification of each proposed subcontractor (name, address, phone number) and his small business status.

(b) A brief description of the service or supply, by work item, to be furnished and the proposed price for each.

(c) An explanation of why and how the proposed subcontractor was selected including the extent of competition obtained.

FAR 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 Clauses In By Reference

FAR 52.204-7 System for Award Management OCT 2016

FAR 52.204-13 System for Award Management Maintenance OCT 2016

FAR 52.212-1 Instruction to Offerors- Commercial Items

(Addendum below)

JAN 2017

FAR 52.212-3 Offeror Representations and Certifications –

Commercial Items

JAN 2017

Alt I OCT 2014

FAR 52.212-4 Contract Terms and Conditions- Commercial Items

(Addendum below)

JAN 2017

FAR 52.215-20

ALT IV

Requirement for Cost and Pricing Data or

Information Other Than Cost or Pricing Data

OCT 2010

FAR 52.217-5 Evaluation of Options JUL1990

FAR 52.223-3 Hazardous Material Identification and Material JAN 1997 http://www.arnet.gov/index.html

Safety Data Alternate I Alt I JUL 1995

FAR 52.223-12 Refrigeration Equipment and Air Conditioners JUN 2016

FAR 52.232-18 Availability of Funds APR 1984

FAR 52.232-40 Providing Accelerated Payment To Small Business

Subcontractors

DEC 2013

FAR 52.242-2 Production Progress Reports APR 1991

FAR 52.242-15 Stop Work Order AUG 1989

FAR 52.245-1 Government Property JAN 2017

FAR 52.245-9 Use and Charges APR 2012

FAR Clauses In Full Text

52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights (DHS-USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 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 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Section Chief, CPD, C&P1 and shall not be binding until so approved.

FAR 52.209-5 -- Certification Regarding Responsibility Matters (OCT 2015) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that –

(i) The Offeror and/or any of its Principals –

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, 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).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to

Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting

Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision.

The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting

Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

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.

I 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) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor

Registration database via https://www.acquisition.gov (see 52.204-7).

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.

REQUIRED INSURANCE (See pg.2 Required Documentation)

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 States’ Longshoremen's and

Harbor Worker's Act (USL&H)

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.

WELDING CERTIFICATIONS AND QUALIFICATIONS (See pg.2 Required

Documentation)

This solicitation may contain welding line items as either Definitive or Optional Items. With his/her quote the Contractor shall provide the necessary welding procedures, welding certifications and welding continuity records meeting the qualifications as required by the specification for the applicable work item(s), and SFLC Standard Specification 0740_STD.

DRY DOCK CERTIFICATION AND DRYDOCK CALCULATIONS (See pg.2 Required

Documentation)

With his/her quote the Contractor shall provide a current certification of its dry docking facility as required by the specification, in accordance with SFLC Standard Specification Std 8634-

Drydocking. When requested by the Contracting Officer and 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, Drydocking.

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 Simplified Procedures for Certain 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 dock Repairs of the USCGC KISKA (WPB-1339) hereinafter referred to as “vessel”. The vessel’s homepier is located at VICTOR WHARF PIER 3, APRA HARBOR

SANTA RITA, GUAM. The point of contact for site surveys is MKC Matthew Carlson, who can be reached on the vessel phone: 671-687-0257 or Port Engineer, CWO Jim Ruoan at 671-

685-2087. The Contract Administrator is Nancy Brinkman, Contract Specialist who can be reached at 757-628-4579 or Nancy.M.Brinkman@uscg.mil. Offerors 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 BREAKDOWN

In 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 category mailto:Edwin.Roberts@USCG.MIL

Man-hours per trade, per labor grade

Cost/hour/trade

Supplies/materials (description & cost of each)

Sub-total

Pension Plans

Overhead at a rate of ______%

Profit at a rate of ________%

Total for item _____________

(ix) FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) – VARIATION

(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 three (3) following factors shall be used to evaluate offers:

FACTOR 1-TECHNICAL CAPABILITIES:

Technical Capabilities of each offeror will be rated as Acceptable or Unacceptable.

Offeror’s must meet all requirements listed within each of the three (3) technical factors to be determined Technically Acceptable in conjunction with being able to pass a Pre-

Award Survey of your facility. The evaluation shall be based on the Offeror providing all required documentation listed for each of the four (4) factor’s in accordance with SFLC

Standard Specifications 0740, Welding and Allied Processes and 8634, Drydocking. All documents must be valid, signed and sent by the solicitation’s end date of March 5, 2018.

The information below will be used to determine the Offeror’s technical capability:

1. Welding Procedures/Signed Welding Certifications/Continuity Logs Welding procedures, Complete Welding Certifications and welding continuity records will be evaluated to confirm that all proposed procedures, certifications and qualifications are met and in accordance with SFLC Standard Specification

0740_STD.

2. Facility/Pier Valid Inspections and Certifications of the facility and pier must be met and in accordance with SFLC-Std-Spec-8634 Drydocking. This evaluation factor includes safety plans and security of the facility/pier.

3. Dry-dock Certifications/Procedures Valid Certifications/procedures to confirm that the requirements set forth in SFLC

Std- Specification 8634, Drydocking are met including any dry-docks, floating cranes, travel lifts or graving docks used to successfully lift and dry-dock a 110-foot Patrol Boat.

4. Cradle Handling

Provide a brief plan to accomplish WI 6: Cradle Assembly Transport

(pick-up, transport, assemble, certify, disassemble and return CG cradle).

Highlight how you intend to transport the cradle to your facility, certify the cradle once assembled, and any special precautions or actions that will be required.

The technical capability listed above will be completed by the US Coast Guard Quality

Assurance Team, which will review and evaluate the three factors shown above. The technical evaluation shall be done in conjunction with the Pre-Award Survey that will be conducted by a US Coast Guard Port Engineer. The proposed facility shall be staged to inspect and confirm the offeror’s capabilities, at the time of the Pre-Award Survey.

FACTOR 2-PAST PERFORMANCE:

The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the USCG and any information found using sources such as Federal Government sources, Past Performance Information Retrieval System

(PPIRS)/Contractor Performance Assessment Reporting System (CPARS) to determine if the

Contractor has satisfactory or neutral Past Performance. The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the offeror. The offeror should provide at least two relevant past performance evaluations within the last two (2) years. Past performance less than satisfactory may not be considered for award. Relevant evaluation factor’s for past performance are listed below:

1. Quality of Product or Service / Technical Did the customer get what was specified?

Did the customer consider the final product high in quality?

If warranty issues arose, were they promptly corrected?

2. Schedule Was the contract completed on time? If not, reason why not (growth work, Contractor delayed, government delayed?)

3. Business Relations / Management and Management Responsiveness How was the customer service? Was the Contractor committed to customer satisfaction?

Would you use this company again (Why/Why not)?

4. Management of Key Personnel / Subcontractors Were 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 3-PRICE:

Offeror’s shall fully complete the Schedule of Services; Attachment (1). Pricing shall represent the best price in response to the request for quotes. The price shall be evaluated to determine fairness and reasonableness. The contracting officer will also calculate the foreseeable cost of transporting the USCGC KISKA (WPB-1339) to offeror’s commercial shipyard. Foreseeable costs will be calculated for the purpose of price evaluation only.

**The Technical Capabilities and Past Performance, when combined, are 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.

(a) Prior to a contract being awarded a Pre-Award Survey will be conducted by the appointed

Contracting Officer Representative. The survey is used as an indication if a contractor has the technical capability/qualifications to do the work and that the contractor’s facilities are certified under

US Coast Guard specifications.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

FAR 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [] does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this request for quote.

(b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of Performance Name and Address of Owner and

(Street Address, City, County, Operator of the Plant or Facility if Other

State, Zip Code) than Offer or Respondent

(End of FAR 52.212-2)

(x) FAR 52.212-3 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL ITEMS (JAN 2017) Alternate I (OCT 2014)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the

System for Award Management (SAM) website, the offeror shall complete paragraphs (c) through (t) of this provision.

(xi) FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(JAN 2017) ADDENDUM

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.html

FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

FAR 52.209-11

Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (FEB 2016)

FAR 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 52.232-18 Availability of Funds (APR 1984)

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 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

FAR 52.252-6 Authorized Deviations in Clauses (APR 1984)

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)

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 Number

2) Name and Address of the Contractor

3) Invoice Number and Invoice Date

4) DUNS Number

5) Name of the Contract Specialist and Contracting Officer’s

6) Invoice Routing Code (IRC): SFLC -1

7) Indicate Small Business Status

8) 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 Terms

13) 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 and will delay payment.

2. The Contractor shall forward invoices via e-mail:

Nancy.M.Brinkman@USCG.MIL and James.R.Ruona@uscg.mil (the COR).

3. The COR shall review and verify invoices, sign the invoice and return the invoice to mailto:Nancy.M.Brinkman@USCG.MIL mailto:James.R.Ruona@uscg.mil the Contractor.

4. The Contractor shall complete the Contractor Invoice Submission Form (listed below).

5. 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:

ht tp: //www.fincen.uscg.mil /centralin v/central_inv_contr.cfm

Invoice Routing Code:

SFLC-1

(help) Invoice Receipt Date:

MM/DD/YY

(help)

Contract Number: (help) Invoice Number: (help)

Requisition Number: (help) Invoice Date:

MM/DD/YY

(help)

Delivery/Task Order Number:

(help)

Invoice Amount:

0.00

(help)

Discount Terms:

00.00

Discount

Days

Net Days (help)

Contractor Information Attachment of Official Invoice

Contractor Name: (help)

Submitter Name: (help)

Submitter Email:

(help)

Submitter Phone: (help)

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.

Contractor Invoice Submission Form

Directions: 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 Threshold (Document

Type 24).

THIS WEB FORM IS NOT AN OFFICIAL INVOICE. THE OFFICIAL INVOICE MUST BE

ATTACHED

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

8. A copy of the invoice and any supporting documentation shall also be e-mailed to the following individuals:

Nancy.M.Brinkman@USCG.MIL

James.R.Ruona@USCG.MIL

Additional 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 work for which a modification has not been properly executed. Invoices submitted for payment that includes such a request will be rejected.

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:

A. 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

(iv) 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;

mailto:Nancy.M.Brinkman@USCG.MIL mailto:James.R.Ruona@USCG.MIL

B. 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

C. On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

D. Web based submission by the Contractor and receipt confirmation does not reflect

Government review or acceptance of the invoice.

E. For inquiries and payment status please visit:

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

The 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 subcontractor 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.

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 9 feet and a minimum vertical clearance of

55 feet.

ACCESS TO VESSEL

(a) A reasonable number of officers, employees, and associates of the Government, or other

Prime Contractors with the Government, and their Sub Contractors, 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 https://fincen.uscg.mil/secure/payment.htm

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.

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 Sub Contractors, 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.

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 IAW the Specification, SFLC

Standard Specifications 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.

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR

2014)

(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 threshold.

(End of clause)

FAR 52.204-21 – BASIC SAFEGUARDING OF CONVERED CONTRACTOR

INFORMATION SYSTEMS (Jun 2016)

(a) Definitions. As used in this clause--

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract

Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive

Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES –

APPLICABLE LICENSES AND PERMITS (JUN 2006)

The Contractor shall have all valid 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 required within [TEN (10)] calendar days 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)

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…