70Z08023RMECP0001.pdf

Deck Preservation and Deck Covering Renewal

70Z080-23-R-MECP0001

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.

This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, and Part 15, Contracting by Negotiation as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number 70Z080-23-R-MECP0001 is issued as a Request for Proposals (RFP). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-08 effective September 23, 2022, Department of Homeland Security Acquisition Regulation (HSAR) effective May 2022, Homeland Security Acquisition Manual (HSAM) 2022-06 effective October 03, 2022, Coast Guard Acquisition Procedures (CGAP) 2022-02 effective July 20, 2022, FAR Class Deviation 14-01 (DEC 2014), FAR Class Deviation 2019-01 Rev 1 (AUG 2020), FAR Class Deviation 20-04 Rev 1(AUG 2020), FAR Class Deviation 2020-05 (APR 2020), and FAR Class Deviation 2020-05 Rev 2(DEC 2020).

NORTH AMERICAN INDUSTRY CLASSIFICATION STANDARD CODE:

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 proposal, which shall be considered by the agency.

This solicitation will result in the award of multiple Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), no more than six, consisting of a 60 month ordering period, with yearly pricing and rates. Task awards will be competed and awarded for actual work to be performed. Under these contracts, the Coast Guard will issue Task Orders. Task Orders may be issued by mail, e-mail, facsimile, or orally (followed up in writing).

SOLICITATION DOCUMENTS:

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

REQUIRED SUBMITTALS:

1- All Required Technical documents (See page 6) 2- Completed Schedule of Services (Attachment 1) 3- Signed Solicitation Amendments

AGENCY INFORMATION:

Kaity George Contract Specialist

(757) 628-4640 Kaity.George@uscg.mil

Shaun Squyres Contracting Officer

(757) 441-7036 Shaun.I.Squyres@uscg.mil

Peter Pilla Contracting Officer’s Representative

(757) 628-4624 Peter.D.Pilla@uscg.mil

PERIOD OF PERFORMANCE: The ordering period of the contract is the date of award through 60 months, with yearly pricing and rates. This is not a multi-year contract as defined in FAR 17.1, Multi-Year Contracting, and does not include option periods/years.

PLACE OF PERFORMANCE: Cutters home port (to be incorporated at time of award of individual Task Orders)

210’ CUTTERS HOME PORT 270’ CUTTERS HOME PORT

RELIANCE (WMEC 615) Pensacola, FL BEAR (WMEC 901) Portsmouth, VA

DILIGENCE (WMEC 616) Pensacola, FL TAMPA (WMEC 902) Portsmouth, VA

VIGILANT (WMEC 617) Cape Canaveral, FL HARRIET LANE (WMEC 903)

Portsmouth, VA

ACTIVE (WMEC 618) Port Angeles, WA NORTHLAND (WMEC 904)

Portsmouth, VA

CONFIDENCE (WMEC 619) Cape Canaveral, FL SPENCER (WMEC 905) Portsmouth, VA

RESOLUTE (WMEC 620) St. Petersburg, FL SENECA (WMEC 906) Portsmouth, VA

VALIANT (WMEC 621) Mayport, FL ESCANABA (WMEC 907)

Portsmouth, VA

STEADFAST (WMEC 623) Warrenton, OR TAHOMA (WMEC 908) Kittery, ME

DAUNTLESS (WMEC 624) Pensacola, FL CAMPBELL (WMEC 909) Kittery, ME

VENTUROUS (WMEC 625) St. Petersburg, FL THETIS (WMEC 910) Key West, FL

DEPENDABLE (WMEC 626) Little Creek, VA FORWARD (WMEC 911) Portsmouth, VA

VIGOROUS (WMEC 627) Little Creek, VA LEGARE (WMEC 912) Portsmouth, VA

DECISIVE (WMEC 629) Pensacola, FL MOHAWK (WMEC 913) Key West, FL

ALERT (WMEC 630) Warrenton, OR

REQUEST FOR DRAWINGS: The last day to request drawings regarding this solicitation is 31 October 2022 . After this date, further requests may not be accepted due to time constraints. To request drawings, contact the Contract Specialist and the Contracting Officer. All requests should identify the solicitation number 70Z080-23-R-MECP0001. Some references listed in the Specification, under "Consolidated List of References," are subject to Export Control limitations or have otherwise restricted distribution, and have been deemed "limited access" and "export controlled" packages. In order to access these documents, vendors must be certified as a US or Canadian contractor by the Joint Certification Program (JCP) administered by the Defense Logistic Information Service (DLIS). Instructions and procedures for being certified by JCP can be found at https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/. Only those vendors that have current certification by JCP will be able to be granted explicit access to these packages by the USCG.

QUESTIONS: The last day for questions regarding this solicitation is 04 November 2022 at 1:00pm EST. Email questions to the Contract Specialist and the Contracting Officer. All questions need to identify the solicitation number 70Z080-23-R-MECP0001 and will be answered by an Amendment.

SUBMISSION OF PROPOSALS: E-mail proposals shall be sent to the Contract Specialist.

Please indicate 70Z080-23-R-MECP0001 in the subject line. Contractor must affirm that the pricing provided from the proposal shall be valid up to the date of contract award.

Proposals shall be submitted by 21 November 2022 by 4:00 PM EST.

ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about 22 December 2022.

ORDER ISSUANCE: All task orders will be issued via e-mail.

Statement of Requirement

The proposed contract to be awarded by the United States Coast Guard (USCG) shall be for repairs to the Deck Preservation and Deck Covering Renewal as specified in Attachment 2 – Statement of Work - Specification. Contractor shall provide all labor, materials, and equipment necessary to meet the requirements of the specification.

Minimum Guarantee: The total minimum contract guarantee amount for each IDIQ contract awarded is $1,000.00. The Government has no obligation to issue task orders to the Contractor beyond the minimum contract guarantee.

Maximum Contract Value: The total value of all task orders issued pursuant to this IDIQ contract shall not exceed the total maximum contract value of To Be Determined at Award.

FAIR Opportunity Considerations on the Task Order Level:

Contractors will be afforded a fair opportunity to compete again at the Task Order level. Contractors competing at the Task Order Level will have an opportunity to specify the contract pricing in place for that ordering period as applicable for the proposed Task Order or decrease applicable work item pricing. No increase in work item pricing will be permissible. Applicable contract pricing will be determined based on the date of the Task Order award, not the Task Order Period of Performance.

For instance, a Task Order awarded in ordering year one with a Period of Performance in ordering year two will be priced in accordance with ordering year one rates.

Awardees will receive an email notification detailing a new Task Order requirement. The email will identify the following:

Coast Guard Cutter and Vessel Homeport;

Work Items expected to be awarded;

Task Order period of performance;

Any other miscellaneous information relevant to the applicable Task Order; and Response date.

Upon receipt of a new Task Order email, if the contractor is not available during the specified period of performance, please respond with a negative reply such as “No proposal response due to unavailability of contractor services.”

2. In providing awardees a fair opportunity to be considered for each Task Order, the Contracting Officer shall consider the following factors:

a). Price b). Ability to comply with the Period of Performance c). Past Performance on earlier Task Orders

Contractors competing for award of Task Orders may reduce prices by quoting lower prices than proposed and awarded under their Contract.

3. EXCEPTIONS

Awardees need not be given an opportunity to be considered for a particular Task Order, if the Contracting Officer determines that:

The agency need for such supplies or services is of such urgency that providing such opportunity would result in unacceptable delays.

Only one such contractor is capable of providing such supplies and/or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

The order should be issued on a sole source basis in the interest of economy and efficiency as a logical follow-on order already issued under this contract, provided that all awardees were given a fair opportunity to be considered for the original order.

It is necessary to place an order to satisfy a minimum guarantee.

Rolling Admissions: The Government reserves the right to review the contracts to determine whether it would be appropriate to announce a new competition for the purpose of adding additional Contractors. At the end of each year of performance, the Government will assess the quality of performance by each Contractor, the number, value and complexity of work assigned to each and amount of competition achieved. In addition, the Government will assess the internal transaction cost for issuing each Task Order and whether revisions are needed to the scope of the Statement of Work.

Based on these criteria, if it is in the best interest of the Government, the Contracting Officer may announce a new competition to add additional Contractors.

Ship Check: Vendors may contact the contract specialist, will vary depending on each individual Task Order, for questions concerning ships in homeport available for ship check.

Description of Work: The Contractor shall provide all labor, parts, material and equipment for the deck preservation and deck covering renewals for all 210 foot and 270 foot A&B class cutter.

Failure to read the specifications in their entirety will not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offeror’s risk.

Offerors are required to include a completed copy of the provision at 52.212-3 Offeror Representations and Certifications – Commercial Items, Alternate I of 52.212-3

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and includes the following addenda:

(c) Changes – ship repair

(1) The Contracting Officer may, at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract, in any one or more of the following:

(a) Drawings, designs, or specifications, when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications;

(b) Method of shipment or packing;

(c) Place of performance of the work;

(d) Time of commencement or completion of the work; and

(e) Other requirements within the general scope of the contract.

(2) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract accordingly.

(3) The contractor must submit any proposal for adjustment under this clause within 5 days from the date of receipt of the written order. At the Contracting Officer's discretion, the 5-day period may be shortened. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(4) If the contractor's proposal includes the cost of property rendered obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(5) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the contractor from proceeding with the contract as changed.

(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, and 3052.228-70, Insurance 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.

NOTICE: The insurance certificate shall provide the name of the US Coast Guard vessel and the contract number as specifically insured.

(x) 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 dockside 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) Growth work 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) 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 contractors 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.

(aa) 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.

(ab) CONTRACTOR COVID-19 PREVENTION AND RESPONSE PLAN

The Contractor shall adhere to CDC, OSHA, state, and local guidance regarding COVID-19 precautions.

Additionally, the Contractor shall prepare a COVID-19 Prevention and Response Plan specific to this contract which details the Contractor’s prevention and response plans and procedures. This document shall be submitted no later than the arrival conference date, which is usually the first day of the period of performance.

(End of FAR 52.212-4 Addendum)

FAR 52.216-22 Indefinite Quantity Oct 1995

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 12 months after contract expiration.

(End of clause)

FAR 52.216-18 Ordering Aug 2020

(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 contract award through the last day of the contract ordering period.

(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) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

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 $100.00, 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 of the estimated quantity provided on the schedule;

(2) Any order for a combination of items in excess of the estimated quantities provided on the schedule; or

(3) A series of orders from the same ordering office within 10 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 5 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.

(End of clause)

FAR 52.252-2 Clauses Incorporated by Reference

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

52.223-3 Hazardous Material Identification and Material Safety Data

52.228-5 Insurance-Work on Government Installation

52.237-2 Protection of Government Buildings, Equipment, and Vegetation

52.245-1 w/ Alt I Government Property

52.245-9 Uses and Charges

HSAR 3052.211-70 Index for Specifications

HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work

HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility

HSAR 3052.223-90 Accident and Fire Reporting

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 5 days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

(End of clause)

HAZARDOUS WASTE

Contractors are required to comply with FAR 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021) Alt I, the US Coast Guard shipboard hazardous waste policy, as prescribed in COMDINST M16478.1B, and MLCA standard specifications. Disposal of all hazardous wastes shall be performed by the Contractor and the Contractor shall meet all federal and state requirements. The Contractor is also required to submit an acceptable hazardous waste management plan to the Port Engineer at the arrival conference. The plan will be reviewed by the facility hazardous waste manager. An acceptable plan must address, at minimum, the following requirements:

a) EPA and local authority hazardous waste generator ID numbers or registration of the Contractors, the transporters, and disposal facilities (TSDFs);

b) An inventory of all hazardous chemicals, compounds and other agents brought onboard the facility accompanied by their respective Material Safety Data Sheets;

c) A list of all anticipated hazardous wastes to be generated and a federal/state/local regulation cross reference list for those wastes;

d) Waste collection and containment procedures;

e) A hazardous waste material spill and cleanup plan including tools and materials that will be on hand and readily available to facilitate containment and cleanup;

f) Training certification for the Contractor’s hazardous waste manager.

VOLATILE ORGANIC COMPOUNDS (VOC) REGULATIONS

a) Contractors are required to comply with federal, state, and local VOC compliance laws and regulations. Among other requirements, certain Contractors may also be required to operate pursuant to a Title V permit. The need for such a permit will depend on the provisions of the applicable state’s “State Implementation Plan” (SIP) and the type/quantity of the Contractor’s regulated emissions, including VOCs. Certain SIPs may also mandate certain Contractors to operate under the terms of a compliance plan intended to reduce VOC emissions.

b) Contractor’s, therefore, must submit the following to the designated Port Engineer no later than two (2) weeks after contract award:

1) Copies of any federal, state or local permits required and applicable to the use or the application of VOCs at Contractor’s facility or offsite work places;

2) Copies of any compliance plans required and applicable to the use or application of VOCs at Contractor’s facility or offsite work places.

c) If no federal, state or local permits or compliance plans are required and applicable to the use or application of VOCs at Contractor’s facility or offsite workplaces, then Contractor shall submit to the designated Port Engineer a letter, notarized under oath, that such documents are not required.

d) Contractors will submit the following to the designated Port Engineer no later than two (2) weeks after contract award: Data Sheets (MSDS) documents, certificates, specifications or any other manufacturing data verifying the VOC ratings of paints to be applied to the Cutter in accordance with MLCA Standard Spec 63000N, Section 5.3.1.

INSPECTIONS

Except as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements.

Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract.

The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation.

DISCOVERIES AND CHANGES TO TASK ORDERS:

Change Requests (CR) can be transmitted electronically by using email. The bullets below display the process of how change requests are to be followed during each task order:

Change Request Process will occur in the following order:

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

2) Condition Found Report Reply (CFRR)- Generated by the COR and provided to the

Contractor

3) Change Request (CR)-Generated by the COR and forwarded to the Contracting Officer

4) COR provides a copy of the CR to the Contractor

5) Contractor’s Proposal- Provided to the Contracting Officer for the identified tasking on the Change Request.

6) Negotiations- if needed, take place to establish pricing

7) Approved Change Request- Forwarded to the Contractor and the COR by the

Contracting Officer.

8) Modification to Task Orders- the Contract Specialist will issue a modification covering all Change Requests.

In order to determine price reasonableness: All change requests that list sub-contracting and/or material must have a written proposal from the sub-contractor or the company providing the material with complete, detailed information (listing number of hours/price per hour; each part/component & associated cost; and an estimated shipping cost).

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 adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

CONTRACT DEFICIENCY REPORT

The Contracting Officer or Contracting Officer’s Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC PDM-29. 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.

HSAR 3052.212-70 Contract Terms and Conditions Applicable To 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:

[The Contracting Officer has identified the following provisions and clauses as applicable.]

(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 Lay Days 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 3052.217-100 Guarantee (USCG) 3052.228-70 Insurance 3052.242-72 Contracting Officer’s Technical Representative

(End of clause)

The clause at 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition and the additional FAR clauses cited in the clause are applicable to the acquisition:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (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. (NOV 2021) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.644).

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and(3)).

(18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (SEPT 2021) (15 U.S.C. 637s).

(22) 52.219-28, Post Award Small Business Program Representation (SEP 2021) (15 U.S.C.

632(a)(2)).

(27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN

2022) (E.O.13126).

(29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(31) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C. 4212).

(32) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

(33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

(35)(i) 52.222-50, Combating Trafficking in Persons NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) (E.O. 13513).

(45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

(48) 52.225-1, Buy American - Supplies (NOV 2021) (41 U.S.C. chapter 83).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(58) 52.232-33, Payment by Electronic Funds Transfer System for Award Management

(OCT 2018) (31 U.S.C. 3332).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS NOV 2021

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest;

accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100 470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

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

EMERGENCY PREPARDNESS, AND ENERGY PROGRAM USE APR 2008

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

Priorities and Allocations System (DPAS) (15 CFR700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

FAR 52.216-1 TYPE ON CONTRACT APR 1984

The Government contemplates award of a multiple firm-fixed-price IDIQ MATOC contract resulting from this solicitation.

FAR 52.212-2 EVALUATION- COMMERCIAL ITEMS NOV 2021

(a) The Government will award an IDIQ contract resulting from this solicitation to the responsible offerors whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers in descending order of importance:

1. Technical Capability

2. Past Performance

3. Price

Technical Capabilities and Past Performance, when combined, are significantly more important than price.

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

(End of provision)

Technical Capability

Sub-Factors

Technical Approach

1. Submit a brief overview…