Drydock_Combined_Synopsis_Solicitation_over_$700k.pdf

USCGC BRANT (WPB-87348)

EMERGENCY DRY-DOCK REPAIRS

70Z080-18-Q-P4555100

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

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 in 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. 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 submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) subpart 12.6 and subpart 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotations are being requested and a written solicitation will not be issued. Solicitation number 70Z080-18-Q-P4555100 is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-96 effective November 6, 2017.

The applicable North American Industry Classification Standard Code is 336611. The small business size standard is 1,250 employees. This solicitation is issued as a 100% Total Small Business Set- Aside. All responsible small business sources may submit a quotation, which shall be considered by the agency.

It is anticipated that one (1) firm fixed price contract will be awarded as a result of this synopsis/solicitation. The period of performance for this contract is 17 Jan 2018 through 30 March 2018. Offerors that have this capability are invited to submit quotations in accordance with the requirements stipulated in this solicitation.

The following documents are attached:

Attachment 1: Schedule of Services Attachment 2: Statement of Work – Specification

GEOGRAPHICAL RESTRICTION: USCGC BRANT is restricted to 200 nautical miles one way transit in protected waters, including the Intracoastal Waterway and the Mississippi Sound. The vessel is located at its home pier in Gulfport, MS.

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 at any time day or night. The facility and its approaches shall have a minimum water depth of 10 feet and a minimum height clearance of 50 feet 2 inches.

PLACE OF PERFORMANCE: The place of performance will be at the contractor’s proposed certified dry-dock facility capable of docking the vessel that is located within the Geographical Restricted area listed above.

Closing date and time for receipt of quotes is 04 January 2018 at 11:00AM Eastern Time.

The anticipated award date is 12 January 2018. E-mail quotations are preferred and may be sent to Jaime.R.Warren@uscg.mil, please indicate 70Z080-18-Q-P4555100 in subject line.

Quotations may also be mailed to the following address:

US Coast Guard SLFC/CPD1/PBPL Attn: Jaime Warren 300 East Main Street, Suite 600 Norfolk, VA 23510-9102

Statement of Requirement

The proposed contract to be awarded by the United States Coast Guard (USCG) shall be for DRY- DOCK repairs to USCGC BRANT (WPB-87348) as specified in the Specification. Contractor shall provide all labor, materials, necessary to meet the requirements of the specification.

The following clauses and provisions are included:

52.212-1 Instructions to Offerors - Commercial Items Jan 2017

52.212-1(f) (1) Late submissions, modifications, revisions, and withdrawals of offers are tailored as follows:

Quotes should be submitted no later than 11:00 AM (EST) local time for Norfolk, VA on 04 January 2018 . After that time, the Government will begin evaluating quotes, making an award decision, and issuing a purchase order. Quotes submitted after that time may not be considered.

Cost or Pricing Data It is Department of Homeland Security (DHS) policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible offeror is obtained as a result of this solicitation, that offeror may be required to submit Data Other Than Certified Cost or Pricing Data to support price negotiations.

Evaluation Criteria The provision at Federal Acquisition Regulation (FAR) 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 13.106-2 based on the criteria listed below. The Government will award a contract resulting from this solicitation to the responsible contractor whose quote is the most advantageous best value to the Government, price and non-price factors considered. The following factors shall be used to evaluate quotes:

Technical Capabilities:

Technical Acceptability will be evaluated to determine an overall rating. This will be determined by evaluating the ability of the offeror to provide a sound, compliant approach that meets all requirements listed in the Specification and demonstrates a thorough knowledge and understanding of the requirements. It is the contractor’s responsibility to ensure that their quote clearly demonstrates their ability to perform these requirements. All offerors must provide the following minimum information and documentation with their quotes to be considered technically acceptable:

Strategy for Meeting Technical/Schedule Requirements - Submit a written description, based on the SOW and your own inspections of cutter damage, of your strategy for ensuring that this contract ends on or before the date specified herein. This shall include:

1) a simple, hand-drawn Gantt chart showing proposed schedule, resources, completion-dates, float, major-milestones and critical path, and any other relevant information for the various tasks required to complete this contract and

2) a list of items that you believe pose the most contract schedule risk and how you intend to mitigate or eliminate each risk.

Towing –Submit a brief/preliminary “Towing Plan” described in 3.3of the “Towing Services, Provide” work item that highlights how you intend to tow the cutter to your facility, the route that will be taken, any special precautions or actions that will be required because of characteristics or conditions of vessel and the route.

Certifications/Procedures –Submit all certifications and procedure documentation (e.g. WPSs, coating certs, welder certs, drydock certs, etc.) as required in the statement of work.

Structural and Electrical/Electronics Experience – Submit corporate experience and/or credentials in conducting major structural repairs and major electrical and electronics repairs/installs on DOD and USCG surface vessels over the past three years.

This contract requires extensive knowledge and experience with electrical wire runs and sensitive bridge electronics as well as complex structural repairs. It is imperative that the contractor provide details about experience of key personnel within their workforce who may be performing these complex repairs.

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.

Price:

The offeror shall provide pricing as requested in the attached spreadsheet titled “70Z080-18- Q-P4555100 – Price Schedule”. Offeror’s price shall represent the best price in response to the request for quote. Distance Factors and Foreseeable Cost of will be calculated in accordance with the Distance Factor and Foreseeable Cost provisions to determine the total evaluated price. Price shall be evaluated to determine fairness and reasonableness.

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).

Evaluation Method The Government will evaluate proposals using a trade-off analysis to determine the best overall value. The relative importance of technical and past performance combined, are significantly more important than cost or price.

Prior to being considered for contract award, a pre-award survey will be required for any contractor identified for serious consideration for award and who does not have a current (past six months), positive history of successful completion of projects similar in size and scope (or larger). The survey is used as an indication if a contractor has the qualifications to do the work and that the contractor’s facilities are certified under US Coast Guard specifications.

DISTANCE FACTOR ADJUSTMENT

(1) The work will be accomplished at the Contractor's Facility and the following distance adjustment factors will be applied to the prices quoted for this work.

(2) The homepier of the vessel is located at 991 23rd Street, Gulfport, MS 39501. If the work covered by this solicitation is performed elsewhere than the homepier of the vessel, the Coast Guard will incur certain costs incident to moving the vessel to and from such location. Furthermore, Coast Guard inspection and other support in connection with the work covered by this solicitation will be provided by SFLC Naval Engineering Support Unit (NESU) listed in the following paragraphs, which is responsible for support of the vessel. If work is performed elsewhere than at these SFLC locations, the Coast Guard will incur certain costs incident to providing inspection and other support.

FORESEEABLE COST FACTORS PERTAINING TO DIFFERENT SHIPYARD

LOCATIONS

(1) There will be a transportation cost for one (1) U.S. Coast Guard Representative(s) for two (2) round trip between the Contractor's offered place of performance and New Orleans, LA at the cost of coach-type airfare to be taken from the official airline guide or at a cost of $0.56 per mile if no airline service is available.

(2) If the Contractor's offered place of performance is more than fifty (50) driving miles from Seattle, WA., the "Per Diem" expenses for sixty (60) calendar days to support one (1) U.S. Coast Guard Representative(s) while in the city of the place of contract performance will be determined in accordance with the Joint Federal Travel Regulations (JFTR).

(3) Facility costs to navigate vessel between its homepier of 991 23rd Street, Gulfport, MS 39501 and the Contractor's offered place of performance (round trip) is $33.35 per nautical mile.

(4) Family separation allowance for seven (7) personnel with dependents on board at $8.33 per day for each personnel for 60 days each when the place of performance is more than fifty (50) driving miles from the homepier of the vessel. *The entitlement is calculated from the date the vessel leaves homeport and ends upon return to homeport. All travel dates will be included in this calculation. See U.S. Coast Guard Pay Manual, COMDTINST M7220.29B, Chapter 3-F.

(5) Crew's transportation during overhaul away from home port. As required by 37 USC 406 b.

and Chapter 7, Part F1 of the Joint Federal Travel Regulations (JFTR), on the thirty-first (31) day of a ship being away from home port, and every sixty-two (62) days thereafter, all personnel with dependents will be provided round trip coach type airfare to the ship's home pier. There will be one

(1) home port visit during the performance of this contract. The vessel has seven (7) personnel with dependents onboard. The cost of this airfare will be determined from the official airline guide. The calculation of trips does not include travel time to and from the overhaul place of performance. See Joint Federal Travel Regulations (JFTR), Chapter 5, Part C, and Chapter 7, Part F.

52.212-3 Offeror Representations and Certifications-Commercial Items Nov 2017

Alternate I of 52.212-3. 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.

(End of Provision)

52.212-4 Contract Terms and Conditions – Commercial Items Jan 2017

Addendum The paragraphs below are supplemented or added as follows:

(a) Material Inspection and Receiving Report (DD-250) Upon 25% completion of each contract requirement and weekly increment thereafter, the Contractor shall prepare and furnish to the COR/Alternate COR a DD Form 250, Material Inspection and Receiving Report (MIRR) or an equivalent report approved by the Contracting Officer unless otherwise specified. One (1) copy of each DD Form 250 or approved equivalent shall be submitted with the invoice. The report shall include:

Contract number.

DD Form 250 or equivalent invoice number.

CLIN Number, CLIN description, quantity, unit price, and extended price.

Description of any invoice deductions.

Invoices shall not be submitted until the Material Inspection and Receiving Report (DD-250) has been approved by the COR. The earlier the Material Inspection and Receiving Report (DD-250) is received and approved by the COR, the earlier the invoice may be submitted.

(g) Invoicing Instructions The Contractor’s invoice and the completed Material Inspection and Receiving Report (DD-250) or alternative equivalent shall be submitted electronically IAW FAR 52.212-4 as follows:

1. Invoices shall be submitted to the USCG Finance Center Website at http://www.fincen.uscg.mil/electron_cg24.htm

2. The web submission requires the Contractor to complete the Invoice Receipt Cover Form, select the Invoice Routing Code, and attach a PDF file of the invoice and any other supporting documentation.

3. A sample of the Invoice Receipt Cover Form is provided below. Mandatory information to be completed is highlighted in red on the website.

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)

4. The Contractor must select the correct Invoice Routing Code for timely invoice processing.

The Invoice Routing Code for this contract is SFLC-1. Failure to do so will delay invoice payment.

5. The Contractor shall attach a single PDF file no larger than 1MB as the official invoice.

6. The Contractor shall email a copy of the invoice and supporting documentation to the

Contract Specialist Jaime.R.Warren@uscg.mil and the Contracting Officer’s Representative (COR) Alexander.G.Sullivan@uscg.mil .

7. A CLIN may not be invoiced until a minimum of 25% completion. This percentage minimum may be waived on a case-by-case basis by the Contracting Officer for large dollar CLINS. In addition, 10% of the total contract price will be withheld until all deliverables are received and accepted.

Payment Information All payments will be made electronically IAW FAR 52.232-33.

(w) Required Insurance Prior to start of performance, 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 3052.217-95, Liability and Insurance (DEC 2003), and 3052.228-70, Insurance (DEC 2003) the Contractor shall furnish the Contracting Officer with proof of insurance for the duration of the contract, including:

(1) Ship Repairer's Liability - $500,000 per occurrence.

(2) Comprehensive General Liability - $500,000 per occurrence.

(3) Full insurance coverage in accordance with the United States’ Longshoremen's and Harbor Worker's Act.

(4) Full insurance coverage in accordance with the State's Workmen's Compensation Law (or its equivalent) for all places of performance under this contract.

The insurance certificate must provide the name of the US Coast Guard vessel and the contract and/or solicitation number as specifically insured.

(x) Change Request (CR) – Growth Work

(1) The Contractor shall not perform growth work without the Contracting Officer's authorization. This clause applies to Change Requests (CR), also known as growth and emergent work ordered by the Contracting Officer pursuant to the Changes clause or mutually agreed upon by the parties. The contractor shall perform CR at the labor billing rates designated in the Schedule, as described in paragraph (2) of this clause. The CR composite labor rate designated in the Schedule shall be the sole fee used for direct material purchases and subcontractor handling. All growth work shall be paid at the prices stated in the Schedule.

(2) The CR labor rate shall be a flat, hourly rate for production labor hours only, to cover the entire effort and shall be burdened to include:

a. Direct production labor hour functions only. Direct production labor hours are hours of skilled labor at the journeyman level expended in direct production. Direct production is defined as work performed by a qualified craftsman that is directly related to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. The following functions are identified as direct production:

Abrasive Cleaning/Water Blasting, Tank Cleaning, Welding, Burning, Brazing, Blacksmithing, Machining (inside and outside), Carpentry, Electrical/Electronic Work, Crane Operation, Shipfitting, Lagging/Insulating, Painting, Boilermaking, Pipe Fitting, Engineering (Production), Sheetmetal Work, Staging/Scaffolding, and Rigging.

b. Non-production labor hours (whether charged directly or indirectly by contractor's accounting system) shall be for labor in support of production functions. For purposes of this clause, support functions are defined as functions that do not directly contribute to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. Necessary support functions should be priced into the burdened rate for production labor hours. Examples of support functions include:

Testing, Quality Assurance (inspection), Engineering (support), Planning (including involvement of craft foreman/journeyman in planning a task), Estimating (including determination of necessary materials and equipment needed to perform a task), Material Handling, Set-up (moving tools and equipment from shop to ship to perform a task), Fire Watch, General Labor (including general support of journeyman tasks), Cleaning (including debris pickup and removal), Surveying, Security, Transportation, Supervision, and Lofting (sail/pattern making).

(3) Change Requests do not include replacement work performed pursuant to HSAR 3052.217- 92 Inspection and Manner of Doing Work clause or HSAR 3052.217-100 Guarantees clause.

(4) It is the Government's intention to award any growth work identified during the repair to the contractor, if a fair and reasonable price can be negotiated for such work, based upon Schedule rates.

If a fair and reasonable price cannot be negotiated, the Government may, at its discretion, obtain services outside of the contract. Such services may be performed while the ship is undergoing repair in the contractor's facility pursuant to the Access to Vessels clause.

(5) Change requests can be transmitted electronically by using email. The bullets below display the process of how change requests are to be followed during the availability:

Change Request (CR) Process will occur in the following order:

a. Condition Found Report (CFR)-Generated by the Contractor and provided to COR

b. Condition Report Reply(CRR)-Generated by the COR and provided to Contractor

c. Change Request- CR and IGE are generated by the COR and forwarded to KO

d. COR provides copy of Change Request to the Contractor

e. Contractor’s Proposal- Provided to the KO for the identified tasking on CR

f. Negotiations- If needed, take place to establish pricing

g. Approved Work Request- Forwarded to Contractor and COR by the KO

h. Modification to Contract- The KS/KO will issue a modification covering all CR’s

(6) The contractor shall submit to the Contracting Officer the following information in all CR proposals:

a. Number of labor hours estimated; broken down by specific direct production labor category.

b. Material estimates, individually broken out and priced. When requested by the Contracting Officer, material quotes shall be provided.

c. Subcontractor estimates, individually broken out and priced along with the actual subcontractor quotes. The requirement to submit subcontractor quotes may be waived if deemed appropriate by the Contracting Officer.

d. Any proposed changes to the Schedule of Work.

(7) The contractor shall not be entitled to payment for any hours ordered pursuant to this clause until such time as a written contract modification is executed.

(y) Schedule of work

(1) Notwithstanding other requirements specified in this contract, the contractor shall provide to the Contracting Officer and COR the following documents within three (3) working days of the vessel's arrival at the contractor's facility for dry-dock availabilities and at the arrival conference for dry-dock availabilities:

a. Production Schedule.

b. Work Package Network.

c. Total Manpower Loading Curve.

d. Trade Manning Curves.

e. Subcontracting List.

(2) The Production Schedule shall list the earliest, latest, and scheduled start and completion date for each work item awarded and shall identify the critical path. The Work Package Network shall show the work items, milestones, key events, and activities and shall clearly identify the critical path. The Total Manpower Loading Curve shall show the required manning for the duration of the contract. The Trade Manning Curves shall show the required manning for each trade for the duration of the contract. The Subcontracting List shall show work items, milestones, key events, and activities to be accomplished by subcontractors.

(3) Additional Item Requirements ordered and agreed upon, whether or not yet formalized via a change order (contract modification), shall be added to the Production Schedule, Trade Manning Curves, and Subcontracting List and submitted to the Contracting Officer and COR at each weekly Progress Meeting. Any anticipated or unanticipated deviation (greater than two (2) calendar days) from the Production Schedule shall be immediately brought to the attention of the Contracting Officer and COR.

(4) Any deviation in the Production Schedule which results in a delay in the completion of work on a vessel past the established performance period completion date may entitle the Government to remedies for late performance under subparagraph (f) of this clause titled Excusable delays.

(z) Delivery and Shifting of the Vessel

(1) The Government shall deliver the vessel to the contractor, at the location specified in the contract.

(2) Whether the specified location of performance is the contractor's own facility or any other authorized facility, it shall be understood to mean the fairway of the facility. The contractor shall provide necessary tugs and pilot services to move the vessel from the fairway to the pier or dock, and, upon completion of all work, from the pier or dock to the fairway of the facility.

(3) While the vessel is in the possession of the contractor, any necessary movement of the vessel incidental to the work specified in the contract shall be furnished by the contractor without additional charge to the Government.

(aa) Access to the Vessel

(1) As authorized by the Contracting Officer, a reasonable number of officers, employees and personnel designated by the Government, or representatives of other contractors and their subcontractors shall have admission to the facility and access to the vessel at all reasonable times to perform and fulfill their respective obligations to the Government on a noninterference basis. The contractor shall make reasonable arrangements to provide access for these personnel to office space, work areas, storage or shop areas, and other facilities and services reasonable and necessary to perform their duties. All such personnel shall comply with contractor rules and regulations governing personnel at its shipyard, including those regarding safety and security.

(2) The contractor further agrees to allow a reasonable number of officers, employees, and designated personnel of offerors on other contemplated work, the same privileges of admission to the contractor's facility and access to the vessel(s) on a noninterference basis, subject to contractor rules and regulations governing personnel in its shipyard, including those regarding safety and security.

(ab) Temporary Services

(1) Temporary services are services incidental to the performance of work which are required in the schedule or specifications to be provided by the contractor. Temporary services may include the furnishing of water, electricity, telephone service, toilet facilities, garbage removal, office space, parking places or similar facilities.

(2) If performance time is extended due to Government-caused delay, the contractor may request an equitable adjustment for providing temporary services at the rate stated in the Schedule.

(ac) Contract Deficiency Report The Contracting Officer or Contracting Officer’s Representative (COR) may issue a Contract

Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing.

(ae) Option for Increased Quantity – Separately Priced Line Item The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 24 hours of identified need. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of FAR 52.212-4 Addendum)

52.212-5 Contract Terms and Conditions Required To Implement Nov 2017 Statutes or Executive Orders—Commercial Items.

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and

(3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

(iii) Alternate II (Nov 2016) of 52.219-9.

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages.Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

(33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG

2011) (E.O. 13513).

(49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(55) 52.232-33, Payment by Electronic Funds Transfer.System for Award Management (Jul 2013) (31 U.S.C. 3332).

(59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records.Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause.

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii)

(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Full Text Clauses

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Sept 2013 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 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.

52.204-21 Basic Safeguarding of Covered 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 websites) 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.

(End of Clause)

52.237-1 Site Visit Apr 1984

This RFQ is for the DRY-DOCK repairs of the USCGC BRANT (WPB-1307) hereinafter referred to as “vessel.” The vessel’s homepier is located in 991 23rd Street, Gulfport, MS 39501-. The point of contact for site surveys is LTJG Alex Sullivan, who can be reached at (504) 232-1551 or via email Alexander.G.Sullivan@uscg.mil . The Contract Administrator is Ms. Jaime Warren, Contract Specialist, who can be reached at 757-628-4646 or Jaime.R.Warren@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.

52.252-6 Authorized Deviations in Clauses Apr 1984

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation (48 CFR 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

Homeland Security Acquisition Regulation (HSAR) Clauses

HSAR 3052.212-70 Contract Terms and Conditions Applicable To Sep 2012 DHS Acquisition of Commercial Items.

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:

(b) Clauses.

3052.204-71 Contractor Employee Access 3052.205-70 Advertisement, Publicizing Awards, and Releases 3052.217-91 Performance 3052.217-92 Inspection and Manner of Doing Work 3052.217-93 Subcontracts 3052.217-94 Laydays 3052.217-95 Liability and Insurance 3052.217-96 Title 3052.217-97 Discharge of Liens 3052.217-98 Delays 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair 3052.228-70 Insurance

3052.242-72 Contracting Officer’s Technical Representative

HSAR 3052.217-100 Guarantee (USCG). JUN 2006

(a) In the event any work performed or materials furnished by the contractor prove defective or deficient within 60 days from the date of redelivery of the vessel(s), the Contractor, as directed by the Contracting Officer and at its own expense, shall correct and repair the deficiency to the satisfaction of the Contracting Officer.

(b) If the Contractor or any subcontractor has a guarantee for work performed or materials furnished that exceeds the 60 day period, the Government shall be entitled to rely upon the longer guarantee until its expiration.

(c) With respect to any individual work item identified as incomplete at the time of redelivery of the vessel(s), the guarantee period shall run from the date the item is completed.

(d) If practicable, the Government shall give the Contractor an opportunity to correct the deficiency.

(1) If the Contracting Officer determines it is not practicable or is otherwise not advisable to return the vessel(s) to the Contractor, or the Contractor fails to proceed with the repairs promptly, the Contracting Officer may direct that the repairs be performed elsewhere, at the Contractor's expense.

(2) If correction and repairs are performed by other than the Contractor, the Contracting Officer may discharge the Contractor's liability by making an equitable deduction in the price of the contract.

(e) The Contractor's liability shall extend for an additional 60-day guarantee period on those defects or deficiencies that the Contractor corrected.

(f) At the option of the Contracting officer, defects and deficiencies may be left uncorrected. In that event, the Contractor and Contracting Officer shall negotiate an equitable reduction in the contract price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of this contract.

HSAR 3052.223-70 Removal or Disposal Of Hazardous Substances – Applicable Licenses and Permits Jun 2006

The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within [ten 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.

52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation 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 the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html.

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.204-18 Commercial and Government Entity Code Maintenance Jul 2016

52.212-4 Contract Terms and Conditions – Commercial Items Jan 2017

52.228-5 Insurance – Work on a Government Installation Jan 1997 52.232-40 Providing…