Welin_Lambie_Davit_Parts_Solicitation_70Z08018RP4535300_FINAL.pdf

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.

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 reasons of unusual and compelling urgency 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 shall be submitted electronically to OPAP@uscg.mil and the

Contracting Officer or by hand delivery to the Contracting Officer.

The Ombudsman Hotline telephone number is 202.372.3695.

https://www.acquisition.gov/far/index.html mailto:OPAP@uscg.mil

70Z08018RP4535300

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2118808P45353

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

6. SOLICITATION

ISSUE DATE

01/31/2018

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Ms. Christina Ayers

b. TELEPHONE NUMBER (no collect calls)

410-762-6382

8. OFFER DUE DATE/

LOCAL TIME

02/21/2018

4:30PM EST

9. ISSUED BY CODE Z50100

USCG, SFLC

707 E Ordnance Road

Baltimore, MD 21226

10. THIS ACQUISITION IS

UNRESTRICTED OR SET ASIDE % FOR:

SMALL BUSINESS ECONOMICALLY DISADVANTAGED

HUBZONE SMALL BUSINESS WOMAN OWNED SMALL BUSINESS

SERVICE DISABLED VETERAN- (EDWOSB)

OWNED SMALL BUSINESS 8 (a)

WOMAN OWNED NAICS: 333923

SMALL BUSINESS (WOSB) SIZE STANDARD: 1250 Emp

ELIGIBLE UNDER WOSB PROGRAM

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE ;Z50100

USCG, SFLC

2401 Hawkins Point Road

Receiving Section, Bldg. 88

16. ADMINISTERED BY CODE

Same as block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE Z50100

See SF1449 Continuation Sheet

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

This solicitation is for procurement of Welin Lambie

Davit System maintenance parts kits; overhaul parts kits; spare parts; overhauls of existing davits;

fabrication of new davits; and Welin Lambie

Technical Support as per the Schedule of

Supplies/Services and Statement of Work. This is a firm-fixed price Indefinite Delivery Requirements contract for a base year and four one year option periods.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

Funding will be accomplished via delivery/task orders

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 5.212-3 & 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT

ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 42.212-5 IS ATTACHED. ADDENDA ARE ARE NOT

ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN 1 COPIES TO ISSUING OFFICE. CONTRACTOR AGREES

TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE

OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS

ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SINGATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

TABLE OF CONTENTS

DESCRIPTION PAGE(S)

Notice for Filing Agency Protests

Standard Form 1449

Table of Contents

Addendum to Standard Form 1449:

Blocks 19 – 26, Schedule of Supplies/Services

Block 15, Deliveries, Packaging and Marking

Contract Administration Data

Special Contract Requirements

6-15

16-20

21-23

Addendum to FAR Clause 52.212-4, Contract Terms and

Conditions – Commercial Items

25-32

FAR Clause 52.212-5, Contract Terms and Conditions Required to

Implement Statutes or Executive Orders – Commercial Items

33-40

Addendum to FAR Clause 52.212-1, Instructions to Offerors –

Commercial Items

Addendum to FAR Clause 52.212-2 Evaluation – Commercial

Items (Oct 2014)

FAR Clause 52.212-3 – Offeror Representations and Certifications

– Commercial Items

43-62

ATTACHMENTS:

Attachment # Document Title

1 Welin Lambie Parts Catalog for Model TW.PIV 5.0A Davits

2 Welin Lambie Parts Catalog for Model TW.PIV 5.0B Davits

3 Statement of Work

ADDENDUM TO STANDARD FORM 1449

TYPE OF CONTRACT

This is a Requirements-Type Contract with one (1) Base Year and four (4) Option Years. A

Requirements Type Contract is defined in FAR Clause 52.216-21 (Oct 1995).

PERIOD OF PERFORMANCE

The base contract shall be for one year after award of contract, with the Government reserving the option to extend for four one year option years. The period of performance will begin on the date of contract award and end one year afterward; each subsequent option year, if exercised, will begin one day after the end of the previous contract year and end one year thereafter.

FUNDING

Each task and delivery order will be individually funded.

ORDERING

a. Supplies and services will be ordered by the issuance of individual delivery and task orders. Refer to FAR Clause 52.216-18 Ordering, page 26.

b. Any supplies or services to be furnished under this contract shall be ordered by issuance of delivery or task orders by a Contracting Officer from the following activities:

a. U.S. Coast Guard – Surface Forces Logistics Center

WMEC Product Line, C&P1

707 E. Ordnance Road

b. U.S. Coast Guard, Surface Forces Logistics Center

WMEC Product Line, C&P1

300 E. Main Street

Norfolk, VA 23510

c. All task and delivery orders issued hereunder are subject to the terms and conditions of this contract which shall control in the event of conflict with any task order.

d. The Contractor shall fill Task Orders in the same sequence in which they are received, unless otherwise instructed by the Contracting Officer.

OPTIONS

Each Option extending the term of this Contract, if exercised, shall be for a period of one year from the effective date of each Option and shall be issued in accordance with FAR 52.217-9

Option to Extend the Term of the Contract (Mar 2000).

This Request for Proposal is issued, in accordance with FAR Part 12, Commercial Items in conjunction with FAR Part 15, Contract Negotiations as a sole source procurement. The contract format is in accordance with FAR 12.303, Contract Format for the Acquisition of Commercial

Items. For questions concerning this solicitation contact Ms. Christina Ayers, Contract

Specialist at 410-762-6382 or via email at Christina.L.Ayers@uscg.mil.

Contractors Cage Code: _________________________

Contractors Duns Number: _______________________ mailto:Christina.L.Ayers@uscg.mil

Schedule of Supplies/Services

BASE YEAR

CLIN DESCRIPTION

EST

QTY

UNIT UNIT PRICE TOTAL PRICE

Task 3.1 – Maintenance Parts Kits

(Model TW.PIV 5.0B)

8 SET

Task 3.2 – Maintenance Overhaul

Kits (Model TW.PIV 5.0B)

9 KT

Task 3.3 - Factory Inspect, Test, and

Overhaul Davits (Model TW.PIV

5.0B):

Receipt Report

EA

Not Separately

Priced (NSP)

NSP

Inspection Report

Loaded Hourly Labor Rate:

$_____________ X

Estimated Labor Hours:

______________ = Unit Price

4 EA

0003A

Task 3.3 - Factory Inspect, Test, and

Overhaul Davits (Model TW.PIV

Overhaul (inclusive of total price of

Mandatory Parts)

Final Test Report

4 EA NSP NSP

Task 3.4 - Purchase of new Dual

Point Davit (Model TW.PIV 5.0B)

1 EA

Task 3.5 - Maintenance Parts Kits

(Model TW.PIV 5.0A)

9 SET

Task 3.6 - Maintenance Overhaul Kits

(Model TW.PIV 5.0A)

4 KT

0007 Task 3.7 – Spare Parts 1 SET

*Task 3.8 - Coast Guard Technical

Support 3880 HRS

Overtime Hourly Rate: $_________

0009 **Task 3.9 - Travel and Per Diem 1 EA $160,000 $160,000

Bi-Annual Usage Reports for

Maintenance Parts Kits and

Maintenance Overhaul Kits

2 EA NSP NSP

BASE YEAR TOTAL $___________________________

*The unit price for CLINs X008 shall be the loaded hourly labor rate.

**The Government has estimated the travel value based on previous history and is for evaluation purposes only. Task orders issued by the Contracting Officer will address travel and per diem when travel for technical representative support are required. The Government will reimburse the contractor for allowable travel and subsistence costs incurred by the contractor in performance of the contract and determined to be in accordance with FAR Subpart 31.205-46

Travel Costs.

Should the Coast Guard require direct delivery of CLINs X001, X002, X003 to a destination other than Baltimore, Maryland, additional shipping charges may be negotiated and approved by the Contracting Officer.

OPTION YEAR 1

CLIN DESCRIPTION

EST

QTY

UNIT UNIT PRICE TOTAL PRICE

Task 3.1 – Maintenance Parts Kits

(Model TW.PIV 5.0B)

7 SET

Task 3.2 – Maintenance Overhaul Kits

(Model TW.PIV 5.0B)

4 KT

Task 3.3 - Factory Inspect, Test, and

Overhaul Davits (Model TW.PIV

$_____________ X

4 EA

1003A

Task 3.3 - Factory Inspect, Test, and

4 EA NSP NSP

Task 3.4 - Purchase of new Dual Point

Davit (Model TW.PIV 5.0B)

2 EA

Task 3.5 - Maintenance Parts Kits

(Model TW.PIV 5.0A)

16 SET

Task 3.6 - Maintenance Overhaul Kits

(Model TW.PIV 5.0A)

3 KT

1007 Task 3.7 – Spare Parts 1 SET

Task 3.8 - Coast Guard Technical

Support

Overtime Hourly Rate: $_________

3880 HRS

1009 *Task 3.9 - Travel and Per Diem 1 EA $160,000 $160,000

Bi-Annual Usage Reports for

Maintenance Parts Kits and

FIRST OPTION YEAR TOTAL $___________________________

OPTION YEAR 2

EST

QTY

UNIT UNIT PRICE TOTAL PRICE

Task 3.1 – Maintenance Parts Kits

(Model TW.PIV 5.0B)

12 SET

Task 3.2 – Maintenance Overhaul Kits

(Model TW.PIV 5.0B)

7 KT

Task 3.3 - Factory Inspect, Test, and

Overhaul Davits (Model TW.PIV 5.0B):

1 EA NSP NSP

$_____________ X

1 EA

2003A

Task 3.3 - Factory Inspect, Test, and

Overhaul Davits (Model TW.PIV 5.0B):

1 EA NSP NSP

Task 3.4 - Purchase of new Dual Point

Davit (Model TW.PIV 5.0B)

2 EA

Task 3.5 - Maintenance Parts Kits

(Model TW.PIV 5.0A)

17 SET

Task 3.6 - Maintenance Overhaul Kits

(Model TW.PIV 5.0A)

6 KT

2007 Task 3.7 – Spare Parts 1 SET

Task 3.8 - Coast Guard Technical

Support

Overtime Hourly Rate: $_________

3880 HRS

2009 *Task 3.9 - Travel and Per Diem 1 EA $160,000 $160,000

2010 Bi-Annual Usage Reports for 2 EA NSP NSP

Maintenance Parts Kits and

SECOND OPTION YEAR TOTAL $___________________________

OPTION YEAR 3

EST

QTY

UNIT UNIT PRICE TOTAL PRICE

Task 3.1 – Maintenance Parts Kits

(Model TW.PIV 5.0B)

7 SET

Task 3.2 – Maintenance Overhaul Kits

(Model TW.PIV 5.0B)

4 KT

Task 3.3 - Factory Inspect, Test, and

Overhaul Davits (Model TW.PIV

$_____________ X

2 EA

3003A

Task 3.3 - Factory Inspect, Test, and

2 EA

Task 3.4 - Purchase of new Dual Point

Davit (Model TW.PIV 5.0B)

3 EA

Task 3.5 - Maintenance Parts Kits

(Model TW.PIV 5.0A)

8 SET

Task 3.6 - Maintenance Overhaul Kits

(Model TW.PIV 5.0A)

5 KT

3007 Task 3.7 – Spare Parts 1 SET

Task 3.8 - Coast Guard Technical

Support

Overtime Hourly Rate: $_________

3880 HRS

3009 *Task 3.9 - Travel and Per Diem 1 EA $160,000 $160,000

Bi-Annual Usage Reports for

Maintenance Parts Kits and

THIRD OPTION YEAR TOTAL $___________________________

OPTION YEAR 4

EST

QTY

UNIT UNIT PRICE TOTAL PRICE

Task 3.1 – Maintenance Parts Kits

(Model TW.PIV 5.0B)

8 SET

Task 3.2 – Maintenance Overhaul Kits

(Model TW.PIV 5.0B)

8 KT

Task 3.3 - Factory Inspect, Test, and

Overhaul Davits (Model TW.PIV

$_____________ X

3 EA

4003A

Task 3.3 - Factory Inspect, Test, and

3 EA NSP NSP

Task 3.4 - Purchase of new Dual Point

Davit (Model TW.PIV 5.0B)

1 EA

Task 3.5 - Maintenance Parts Kits

(Model TW.PIV 5.0A)

14 SET

Task 3.6 - Maintenance Overhaul Kits

(Model TW.PIV 5.0A)

6 KT

4007 Task 3.7 – Spare Parts 1 SET

Task 3.8 - Coast Guard Technical

Support 3880 HRS

Overtime Hourly Rate: $____________

4009 *Task 3.9 - Travel and Per Diem 1 EA $160,000 $160,000

Bi-Annual Usage Reports for

Maintenance Parts Kits and

FOURTH OPTION YEAR TOTAL $___________________________

BASE AND ALL OPTION YEARS TOTAL $___________________________

DELIVERIES, PACKAGING, MARKING

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 http://farsite.hill.af.mil/VFFARA.HTM.

Number Title Date

52.242-17 Government Delay of Work Apr 1984

52.246-2 Inspection of Supplies Aug 1996

52.247-34 F.O.B Destination Nov 1991

52.247-55 Government-Furnished Property Jun 2003

PRESERVATION, PACKAGING, & MARKING

See Section 1 of Attachment 3, Statement of Work.

PACKING LIST

All material shipped or delivered to the U.S. Coast Guard Surface Forces Logistics Center under this Contract must be accompanied by an itemized packing list that cites the proper contract and delivery order number. Each packing unit shall have a list of all items contained in that unit, and duplicate list shall be affixed in a conspicuous place, to the outside of the package, in a waterproof envelope.

PLACE OF DELIVERY:

USCG Surface Forces Logistics Center (SFLC)

RECEIVING ROOM, BLDG 88

2401 Hawkins Point Road

Baltimore, MD 21226-5000

**All deliveries are to be made Monday through Friday between the hours of 7:00 A.M.

and 1:00 P.M., EST. **

INSPECTION AND ACCEPTANCE (DESTINATION)

Inspection and acceptance of the supplies and/or services to be furnished hereunder shall be made at destination by the receiving activity. Acceptance will be contingent upon the representative’s verification of no damage in transit, correctness, and completeness of order and contractor’s conformance to preservation, packing and marking requirements.

INSPECTION (ORIGIN)

The contractor must contact the Contracting Officer 45 days prior to any production testing to schedule a Quality Assurance Inspection at the contractor’s facility. The inspections and tests required herein are the minimum necessary and are not intended to replace any controls, examinations or tests normally employed by the contractor to assure the quality of the product.

Approval at origin by a Coast Guard Quality Assurance Representative does not guarantee final acceptance at destination.

CONTRACTING OFFICER’S AUTHORITY

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

DELIVERY/PERFORMANCE

Delivery of supplies will be in accordance with Attachment 1 (Welin Lambie Parts Catalog for

Model TW.PIV 5.0A Davits) and Attachment 2 (Welin Lambie Parts Catalog for Model TW.PIV

5.0B Davits).

Tasking and performance for the Technical Representatives shall be in accordance with Task 3.8 of Attachment 3, Statement of Work.

DELIVERY ORDERS/TASK ORDERS

Delivery orders will be issued on an as needed basis for parts, overhauls, and purchases of new davits associated with this contract. Orders may be mailed, issued orally, by facsimile, or by email.

Task orders will be issued as needed for technical support and travel in accordance with Task 3.8 of the Statement of Work.

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)(Alt. I Apr 1984)

a) The Government requires delivery to be made according to the following schedule:

Required Delivery Schedule

CLIN* Description Completion

X001 Task 3.1 – Maintenance Parts Kits (Model TW.PIV

5.0B) Refer to Attachment 2

X002 Task 3.2 – Maintenance Overhaul Kits (Model

TW.PIV 5.0B)

Refer to Attachment 2

X003

Task 3.3 - Factory Inspect, Test, and Overhaul

Davits (Model TW.PIV 5.0B) :

Receipt Report and Additional Parts Report 10 calendar days from receipt of davit

Inspection Report 84 calendar days from receipt of davit

X003A

Final Test Report 14 calendar days after the conclusion of post overhaul testing

Return of overhauled of davit 164 calendar days from receipt of Inspection Report

X004 Task 3.4 - Purchase of new Dual Point Davit

(Model TW.PIV 5.0B) Refer to Attachment 2

X005 Task 3.5 - Maintenance Parts Kits (Model TW.PIV

5.0A) Refer to Attachment 1

X006 Task 3.6 - Maintenance Overhaul Kits (Model

TW.PIV 5.0A)

Refer to Attachment 1

X007 Task 3.7 – Spare Parts (Model TW.PIV 5.0B) Refer to Attachment 2

X008

Task 3.8 - Coast Guard Technical Support

Technical Assistance Summary

7 calendar days upon the completion of the period of performance

Updates to course curriculum and training programs

7 calendar days prior to beginning of training period of performance

Written summary of home port visit 7 calendar days upon the performance

Monthly Report First calendar day of every month

X009 *Travel and Per Diem N/A

X010 Bi-Annual Usage Reports for Maintenance Parts

Kits and Maintenance Overhaul Kits

Bi-Annually, January and

July

*Includes Base and all corresponding Option Year CLIN’s

Note: Definitive quantities shall be included on each individual task or delivery order.

The Government will equally evaluate, with regards to time of delivery, offers that propose delivery of each CLIN within the required delivery period. Offers that propose delivery that will not clearly fall within the required delivery period specified above may be found unacceptable and may be rejected. The Government reserves the right to award under the required delivery schedule or the proposed delivery schedule when an offeror provides an earlier delivery schedule than required above. If an offeror proposes no other delivery schedule, then the above schedule shall apply.

Offeror’s Proposed Delivery Schedule

CLIN* Description Completion

X001 Task 3.1 – Maintenance Parts Kits (Model TW.PIV

5.0B) Refer to Attachment 2

X002 Task 3.2 – Maintenance Overhaul Kits (Model

TW.PIV 5.0B)

Refer to Attachment 2

X003

Task 3.3 - Factory Inspect, Test, and Overhaul

Davits (Model TW.PIV 5.0B) :

Receipt Report and Additional Parts Report ___ days from receipt of davit

Inspection Report ___ days from receipt of davit

X003A

Final Test Report ___ days after the conclusion of post overhaul testing

Return of overhauled of davit ___ calendar days from receipt of Inspection Report

X004 Task 3.4 - Purchase of new Dual Point Davit

(Model TW.PIV 5.0B) Refer to Attachment 2

X005 Task 3.5 - Maintenance Parts Kits (Model TW.PIV

5.0A) Refer to Attachment 1

X006 Task 3.6 - Maintenance Overhaul Kits (Model

TW.PIV 5.0A)

Refer to Attachment 1

X007 Task 3.7 – Spare Parts (Model TW.PIV 5.0B) Refer to Attachment 2

X008

Task 3.8 - Coast Guard Technical Support

Technical Assistance Summary

____ calendar days upon the performance

Updates to course curriculum and training programs

____ calendar days prior to beginning of training period of performance

Written summary of home port visit

____ calendar days upon the completion of the period of performance

Monthly Report First calendar day of every month

X009 *Travel and Per Diem N/A

X010 Bi-Annual Usage Reports for Maintenance Parts

Kits and Maintenance Overhaul Kits

Bi-Annually, January and

July

*Includes Base and all corresponding Option Year CLIN’s

(b) Attention is directed to the Contract Award provision of the Solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the

Contractor’s date of receipt of the contract or notice of award by adding: 1) five calendar days for delivery of the award through the ordinary mails, or 2) one working day if the Solicitation states that the contract or notice of award will be transmitted electronically. The term “working day” excludes weekends and Federal Holidays. If, as so computed, the offered delivery date is later than the required delivery date, therefore may be determined unacceptable and may be rejected.

CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION/ADDRESS OF CORRESPONDENCE

The contract administrator, located at the U.S. Coast Guard, SFLC, MEC Product Line, 707 E.

Ordnance Road, Baltimore, MD 21226-5000 shall be:

Christina Ayers, Contract Specialist, (410) 762-6382, Christina.L.Ayers@uscg.mil

All correspondence, except as otherwise specified, shall be delivered to the following address:

U.S. Coast Guard, Surface Forces Logistics Center

WMEC Product Line, C&P1

Attn: Christina Ayers, Contract Specialist

707 E. Ordnance Road

Baltimore, MD 21226-5000

M/F: Contract Number: (to be furnished at award)

Delivery Order Number: (to be furnished at award of each delivery order)

Or submitted via email to: Christina.L.Ayers@uscg.mil

PLACE OF DELIVERY - REPORTS

All written reports and plans shall be delivered to the Contract Administrator at the following address:

U.S. Coast Guard, SFLC

WMEC Product Line, C&P1

Attn: Christina Ayers, Contract Specialist

707 E. Ordnance Road

Baltimore, MD 21226-5000

M/F: Contract Number: (to be furnished at award)

Delivery Order Number: (to be furnished at award of each delivery order)

Or submitted electronically to: Christina.L.Ayers@uscg.mil

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

(a) The Contractor shall not accept any instructions issued by any person employed by the

U.S. Government or otherwise other than the Contracting Officer or the Contracting

Officer’s Representative acting within the limits of his/her authority. A Contracting

Officer’s Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

(b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments or referenced drawings, specifications, or Statement of Work contained herein.

GOVERNMENT REPRESENTATIVES

(a) The Government may upon contract award or thereafter name representatives with titles such as Contracting Officer’s Representative (COR) and Quality Assurance (QA)

Representatives; the COR shall be responsible for answering all technical questions and concerns related to the resulting contract and the QA Representative shall be responsible for conducting inspections, when required, in accordance with the Statement of Work.

Such individuals, if appointed, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate rights, responsibilities, and limitations of their appointment.

(b) In any event, no such named individual has the authority to issue any direction either technical or otherwise, which constitutes a change to the terms, conditions, price, or delivery schedule of the Contract. ONLY the Contracting Officer is authorized to alter the Contract in any manner.

INVOICING REQUIREMENTS – FIRM FIXED PRICE CONTRACTS

(a) All information set forth in FAR Clause 52.212-4(g) must be included in an invoice for it to constitute a proper invoice.

(b) An original invoice shall be submitted to the following designated payment office and a copy sent to the Contract Administrator (with travel receipts and trip reports, if applicable): FIN-SMB-

INVOICES@USCG.MIL . Invoices may also be submitted via the Finance Center web site at:

https://www.fincen.uscg.mil/webinvoices/webinv_start.htm

(c) The COR will review invoices for payment of the Technical Representatives in accordance with the section 3.8.2.8, Monthly Report in the Statement of Work.

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN

IMPROPER INVOICE

For use in the event your firm receives a contract as a result of this Solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer any questions regarding the invoice.

NAME: ____________________________, TITLE:___________________________

TELEPHONE: ____________________, EMAIL: _________________________________

WITHHOLDING PAYMENT FOR NONDELIVERY OF MATERIALS/SERVICES

(a) If materials or services, or any part thereof, are not delivered within the time specified by this Contract or are deficient upon delivery, the Contracting Officer shall unilaterally, at mailto:FIN-SMB-INVOICES@USCG.MIL mailto:FIN-SMB-INVOICES@USCG.MIL https://www.fincen.uscg.mil/webinvoices/webinv_start.htm his/her discretion, withhold from each invoice a percentage of the Contract price in accordance with the following table:

(b) When Total Contract Price is: Percentage to be Withheld is:

Less than $250,000 10%

$250,000 to $1,000,000 5%

Over $1,000,000 2%

(c) The withholding of any sums pursuant to this clause shall not be construed as, or constitute in any manner, a waiver by the Government of the Contractor’s obligation to furnish the data required under this Contract. In the event the Contractor fails to furnish these items, the Government shall have those rights and remedies provided by law and pursuant to this Contract in addition to, not in lieu of, the sum withheld in accordance with this clause.

CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR)

(a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare a

Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15.

All information contained in this assessment may be used, within the limitations of FAR

42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 30 days to respond to the SLFC’s assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system.

(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.

(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when

SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.

SPECIAL CONTRACT REQUIREMENTS

REQUIRED STANDARD OF WORKMANSHIP

Unless otherwise specifically provided in the resulting Contract, the quality of all supplies and services rendered hereunder shall conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies and services shall be rendered or supervised directly by individuals fully qualified in the relevant profession, trade, or field, and holding any licenses required by law.

STANDARD COMMERCIAL WARRANTY

If the items or services required in the Contract resulting from this Solicitation are customarily warranted in the trade by a standard commercial warranty, such warranty shall be incorporated into the resulting Contract and thereby provided to the Government at no additional cost. Any standard commercial warranty provided shall be identical to the standard commercial warranty normally offered by the Contractor to the Contractor’s most favored customer.

Offerors are requested to state the terms and conditions of their standard commercial warranty in the space provided below or attach a copy of the warranty terms with their offer.

If the contractor’s organization, as standard practice in the sale of these items issues a certificate of warranty setting forth the terms and conditions of their Standard Commercial Warranty, any contract resulting from this solicitation shall require the contractor submit to the Contracting

Officer, upon delivery of these items, said certificate.

Government Furnished Property

The following Government property will be sent to the contractor on an as needed basis for factory inspect, test and overhaul of davits, Model TW.PIV 5.0B in accordance with 3.3 of the statement of work.

Part Number Item Description QTY Estimated Cost

($) / Unit

TW PIV 5.0B Welin Lambie Dual Point Davit EA. $475,000.00

N/A Connex Shipping Container EA. $9,800.00

FEDERAL ACQUISITION REGULATION (FAR) 52.212-4, CONTRACT TERMS AND

CONDITIONS – COMMERCIAL ITEMS (Jan 2017)

(Incorporated by Reference)

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.acquisition.gov/far/index.html.

Number Title

FAR 52.203-3 Gratuities (Apr 1984)

FAR 52.203-17

Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (Sep 2013)(DHS-USCG FAR

Deviation 14-01)

FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (May 2011)

FAR 52.204-7 System for Award Management Registration (Jul 2013)

FAR 52.217-5 Evaluation of Options (Jul 1990)

FAR 52.225-25

Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certification (Oct 2015)

FAR 52.232-40

Providing Accelerated Payment to Small Business Subcontractors

(Dec 2013)(DHS FAR Deviation 17-01)

FAR 52.242-13 Bankruptcy (Jul 1995)

FAR 52.242-15 Stop Work Order (Aug 1989)

FAR 52.245-1 Government Property (Jan 2017)

HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of

Commercial Items (Sep 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

Name Title

HSAR 3052.203-70 Instructions for Contractor Disclosure of Violations (Sep 2012)

HSAR 3052.204-71 Contractor Employee Access

HSAR 3052.205-70 Advertisement, Publicizing Awards and Releases (Sep 2012)

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

HSAR 3052.247-72 F.o.B. Destination Only http://www.acquisition.gov/far/index.html

HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE

EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland

Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity.

The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal

Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section

1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and

(5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland

Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities

(including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the

Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

FAR 52.204-1 APPROVAL TO CONTRACT (DEC 1989)

This contract is subject to the written approval of the Chief of the Contracting Office, Surface

Forces Logistics Command and shall not be binding until so approved.

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (Jul 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the

Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of

$100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for

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

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a single Requirements type contract resulting from this solicitation.

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 60 months thereafter providing all options are exercised.

https://www.acquisition.gov/

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued electronically (email or fax), urgent requirements may be issued orally.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $20.00, the Government is not obligated to purchase, nor is the

Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess $1,000,000.00;

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within 30 calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-

21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as

“estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The

Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the

Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 6 months.

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The

Contracting Officer may exercise the option by written notice to the Contractor within 60 days of the contract’s expiration.

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.

The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of the resulting contract, including the exercise of any options under this clause, shall not exceed five (5) years.

FAR 52.233-2 SERVICE OF PROTEST (Sept 2006)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from Christina.L.Ayers@uscg.mil.

Address: USCG Surface Forces Logistics Center

Attn: Christina Ayers

Contracting & Procurement Division 1

707 E Ordnance Road

Baltimore, MD 21226-5000

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

Contracting Officer’s Representative (COR)

a. The Contracting Officer will designate an individual as the primary Contracting Officer’s

Representative (COR) for the resulting contract.

To be identified at contract award

b. In the absence of the primary COR, all responsibilities and functions assigned to the COR shall be the responsibility of the alternate COR acting on behalf…