Solicitation_70Z08418QBB00003.pdf

NOTICE TO OFFERORS

COMBINED SYNOPSIS/SOLICITATION NUMBER: 70Z08418QBB000003

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

The U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC) will acquire the services outlined in the solicitation utilizing procedures in FAR Part 12, Acquisition of Commercial Items and FAR Subpart 13.5, Simplified Procedures for

Certain Commercial Items.

This solicitation is issued as a “HUBZone” set aside IAW FAR 19.1306. The NAICS code is 488390 and the size standard is

$38.5 M.

THE FOLLOWING INFORMATION IS HIGHLIGHTED FOR YOUR ATTENTION

1. This cover sheet is not intended to be all-inclusive. Please read the entire solicitation, including any attachments, to ensure completion of all required representations, certifications, and submissions. Acknowledge all Solicitation Amendments (SF-

30) issued by the Government.

2. Your offer shall include ALL of the documents and information listed on pages 38-43 (FAR Provision 52.212-1, (b)

Submission of Offers); and your offer shall be received by this office at or before July 26, 2018, 1:00 p.m. Eastern, to be eligible for award. Also, see FAR Provision 52.212-2 (page 46) for Evaluation Factors.

3. Submit your offer, with all required documentation to Vincente.M.Macho@uscg.mil or via mail to:

U.S. Department of Homeland Security

United States Coast Guard

SILC-COCO-BSS-COB4

Attn: Barbara T. Spruill, Contractor

300 East Main Street, Suite 965

Norfolk, VA 23510-9112

4. DO NOT submit removable memory/storage devices or media, such as, flash drives, thumb drives, memory sticks, hard drives, CD, DVD, or any other similar devices. USCG policy prohibits the use of removable memory/storage devices or media on USCG workstations and the USCG network.

5. This solicitation does not obligate the Government to compensate for any costs incurred by the Offeror in the preparation and/or submission of any offer, nor does it obligate the Government to procure for said services or supplies.

6. QUESTIONS/CONCERNS: It shall be the obligation of the offeror to exercise due diligence to discover and to bring to the attention of the Government any ambiguities, inconsistencies, or concerns regarding the information in this solicitation.

All questions/concerns regarding this solicitation shall be submitted in writing (NO phone calls) to the Contract

Specialist at Vincente.M.Macho@uscg.mil no later than (July 26, 2018) 1:00 PM Eastern. Follow-up/additional questions will not be accepted after this date. Offerors shall reference the solicitation number and provide enough information in their e-mail so the Government can easily respond to their questions/concerns. All questions/concerns will be compiled and addressed on an “Amendment of Solicitation” (SF-30) and will be posted on the FedBizOpps website for viewing by all potential offerors.

*Only send questions/concerns to the Contract Specialist listed above or, if not available, to the Primary Contracting

Officer listed in this solicitation. DO NOT ask or submit questions/concerns regarding this solicitation to any other

USCG or government personnel (e.g., COR, program/project manager, etc.).* http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P306_50579 mailto:Vincente.M.Macho@uscg.mil

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

(CGAP Appendix B-Chapter 3033)

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

CONTINUATION SHEET FOR:

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

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Schedule of Supplies/Services

Requirements: The Department of Homeland Security (DHS), United States Coast Guard (USCG), Shore Infrastructure Logistics Center (SILC) has a requirement to furnish all labor, material, and equipment to provide and operate vessel or vessels in support of the U.S. Coast Guard Aviation

Training Program at U.S. Coast Guard Air Station Houston, TX.

Procuring Contracting Office: The U.S. Department of Homeland Security, U.S. Coast Guard, SILC-

COCO-BSS-COB4, 300 East Main Street, Suite 900, Norfolk, VA 23510-9112 is authorized to order supplies/services stated herein. Communications pertaining to contractual matters shall be addressed to one of the Contracting Officers (KO) listed below. Changes in, or deviations from, the statement of work or terms and conditions of the contract shall not be effected without written modification to the contract as executed by a USCG SILC-COCO-BSS-COB4 Contracting Officer.

Contracting Officer: Catherine Prestipino Telephone #: (757) 628-4116

E-Mail: Catherine.Prestipino@uscg.mil Fax #: (757) 628-4135

Contracting Officer: Clenton A. Shanks Telephone #: (757) 628-4115

E-Mail: Clenton.A.Shanks@uscg.mil Fax #: (757) 628-4135

Alternate Contracting Officer(s): Any warranted USCG SILC-COCO-BSS-COB4 Contracting Officer

Point of Contact: Serves as the point of contact between the Contractor and the Contracting Officer(s);

however, this person does not have a warrant that provides the authority to contractually commit the

Government or to modify any terms and conditions of a contract.

Point of Contact: Vicente Macho, Contract Specialist Telephone #: (757) 628-4490

E-Mail: Vincente.M.Macho@uscg.mil Fax #: (757) 628-4135 mailto:Catherine.Prestipino@uscg.mil mailto:Clenton.A.Shanks@uscg.mil

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INDEFINITE DELIVERY REQUIREMENT TYPE CONTRACT

Any services to be furnished under this contract shall be ordered by issuance of task orders

Schedule of Supplies/Services:

CLIN Schedule Of Supplies/Services EST

Quantity

Unit

Price

EST Total

Ceiling

Base Year : 01 October 2018 (or date of award) through 30 September 2019

00001 Provide and Operate Vessel or Vessels in Support of Helicopter hoisting operations IAW the SOW

00002 Daily Rate while Relocated 90

00003 Boat Relocation 4

Unit

Price

EST Total

Ceiling

Base Year : 01 October 2019 through 30 September 2020

10001 Provide and Operate Vessel or Vessels in Support of Helicopter hoisting operations IAW the SOW

10002 Daily Rate while Relocated 90

10003 Boat Relocation 4

Unit

Price

EST Total

Ceiling

Base Year : 01 October 2020 through 30 September 2021

20001 Provide and Operate Vessel or Vessels in Support of Helicopter hoisting operations IAW the SOW

20002 Daily Rate while Relocated 90

20003 Boat Relocation 4

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Unit

Price

EST Total

Ceiling

Base Year : 01 October 2021 through 30 September 2022

30001 Provide and Operate Vessel or Vessels in Support of Helicopter hoisting operations IAW the SOW

30002 Daily Rate while Relocated 90

30003 Boat Relocation 4

CLIN Schedule Of Supplies/Services EST

Quantity

Unit

Price

EST Total

Ceiling

Base Year : 01 October 2022 through 30 September 2023

40001 Provide and Operate Vessel or Vessels in Support of Helicopter hoisting operations IAW the SOW

40002 Daily Rate while Relocated 90

40003 Boat Relocation 4

Estimated Contract Ceiling: $

Note: The unit price for this requirement shall only include the cost for a standard training block.

The standard training block will be FOUR (4) hours of contract vessel on scene time, not transit time to/from the training site from the contractor’s mooring/docking location. As a result, the contractor will only be paid for the actual training blocks used under this contract. The

Government will not be obligated to pay the contractor for unused training blocks under this contract. Example: 153 training blocks are projected for the year, but only 133 are used. The

Government is not obligated to pay the remaining 20 blocks.

Firm-Fixed Prices shall include all costs to provide the service/supplies, which includes all applicable Federal, State, and local taxes and duties in accordance with FAR Clause 52.212-4(k).

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STATEMENT OF WORK / SPECIFICATION

USCG Aviation Training Requirements

Coast Guard Air Station Houston

1. INTRODUCTION: The work consists of providing all labor, materials, equipment, and personnel necessary to support U.S. Coast Guard (USCG) Air Station Houston’s (ASH) unit-specific aviation training program. ASH is located at the Ellington Field Joint Reserve Base in

Houston, Texas. The contractor will be responsible for providing and operating a vessel in support of the U.S. Coast Guard’s unit specific aviation training program.

1.1 BACKGROUND: One of the Coast Guard's primary missions is Search and Rescue. In order for Air Station Houston to fulfill this mission, it is necessary to maintain aircrew proficiency by conducting helicopter hoists of equipment and rescue swimmers to and from underway vessels, helicopter deployment and recovery of rescue swimmers, and aerial delivery of dewatering pumps and other equipment to the water. These skill sets require both initial and proficiency training for Coast Guard pilots and aircrews. In the past, this requirement was fulfilled using Coast Guard small boats and patrol boats. The Coast Guard’s increased operational commitments have reduced the availability of Coast Guard small boats and crews to provide support for the required aviation training.

2. SCOPE SUMMARY: The contractor shall provide a vessel and all necessary management supervision, personnel, labor materials, fuel and equipment required for supporting over-water helicopter training including but not limited to: aircrew hoists, rescue swimmer operations, low-approach cover, and any aerially delivered material used to fulfill ASH’s aviation training requirements.

The contractor will normally be available for training each Tuesday, Wednesday, and Thursday for a total of four (4) hours each day; not including transit time to and from the training area.

Should regularly scheduled operations be cancelled due to maintenance, weather, or mission change; ASH and contractor will coordinate a suitable make-up day for the missed 4 hour block.

The contractor shall make the vessel available for operations during designated hours. The area of operations will be in the general vicinity of the Western and Northwestern portions of

Galveston Bay and in the vicinity of the Galveston jetties. Services will be provided up to 3 days each week in four (4) hour training blocks. Operations will normally be conducted each Tuesday, Wednesday, and Thursday between the hours of 0900 and 1300 AND/OR 1 hour before sunset until 3 hours after sunset. Normal training operations will occur in the northwestern portions of

Galveston Bay, but multiple times (about once quarterly), the contractor can expect to be repositioned closer to the Galveston Jetties for days or weeks at a time, in order to conduct training offshore and not in the protected bay.

3. TECHNICAL REQUIREMENTS

3.1 SAFETY REQUIREMENTS: The contractor shall conform to all state and local safety requirements as well as those promulgated by ASH. The contractor and his employees shall become familiar with and obey maritime regulations including emergency, vessel traffic, and security regulations.

3.2 VESSEL DESCRIPTION: The vessel shall be similar to the Coast Guard’s 41’ Utility Boat

(UTB) or 45’ Response Boat Medium (RB-M). The vessel should be capable of maneuvering and operating as a stable platform at idle and or low speeds and therefore should be of the displacement hull type.

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The contract vessel should be no smaller than 30 feet and no greater than 50 feet in length.

Cabin area large enough to accommodate the entire crew if necessary in inclement weather.

The vessel’s beam shall be no less than 10 feet and no greater than 20 feet.

Mast must have no permanent structures protruding higher than 25 feet above the water line which cannot be quickly stowed or folded (e.g. antennas) prior to commencing operations.

Gross vessel weight shall be 8 tons minimum.

Minimum speed is 0 knots (dead in the water) and able to maintain up to 10 knots for at least 4 hours.

Ideal vessel speed for training is approximately 5-10 knots for a period of 1 hour.

Vessel must be capable of maintaining a heading of + / - 10 degrees between 5-10 knots while operating under a Short Range Rescue (SRR) MH-65 helicopter capable of producing an average peak velocity of 90 knots of rotor downwash in varying sea states and winds depending on site.

An extremely shallow draft vessel is undesirable due to drift characteristics when subjected to rotor downwash; draft shall be between 3 to 6 feet.

The minimum deck area should be at least 60 sq. ft on the aft fantail portion of the vessel, to allow a minimum of two crew members to safely conduct hoist operations.

Deck area must be free of all obstructions, and must have no permanent structures protruding higher than 20 feet above the water line which cannot be quickly stowed or folded (e.g. antennas).

The vessel shall be capable of easily and quickly recovering personnel from the water

(routine recovery of helicopter rescue swimmers or rescue of aircrew) and operating in an adverse weather environment.

3.2.1 VESSEL EQUIPMENT: The contractor shall outfit the vessel with, at a minimum, all equipment required by law in addition to the following:

Operating depth sounder

VHF-FM (multiple frequency capable) two-way marine radio

Cell phone for secondary communications with the ASH Operations Center

(713-578-3006)

Global Positioning System (GPS)

Long distance, high beam search light.

Radio headset or other equipment/technique is required to demonstrate that the operator can hear radio communications between the training boat and helicopter while a helicopter is directly overhead the vessel.

3.2.2 SAFETY EQUIPMENT: The contractor shall outfit the vessel with, at a minimum, all equipment required by law in addition to the following:

USCG approved first aid kit

USCG approved Type III Personal Flotation Devices (PFDs) for all crew and passengers carried aboard.

Personal protective equipment, foul weather gear, and survival suits shall for each crew member, allowing them to operate safely on deck and under rotor

70Z08418QB1300800 6 of 67 downwash continuously in temperatures ranging from 0° C to 43° C (32° F to

110° F).

Helmets, gloves, goggles and grounding rods for use by crewmembers during helicopter operations.

All equipment shall be used in accordance with and be of the same type or better as listed in the USCG Rescue and Survival Systems Manual, COMDTINST M10470.10F and the USCG Boat Crew Seamanship Manual, COMDTINST M16114.5C. These manuals can be found online at http://www.uscg.mil/directives/.

3.2.3 VESSEL RESPONSIBILITY AND ACCOUNTABILITY: The contractor shall retain full responsibility and accountability for the vessel(s) during non-contract hours and shall provide all vessel maintenance. The contractor shall assume full responsibility and accountability for the vessel(s) during contract hours, including preparation, fueling and cleanup time. The contractor shall be responsible for any repairs caused by negligence or abuse of contractor employees or employees of subcontractors. The contractor shall maintain all mandatory Federal and State licenses, permits, and insurance applicable to the contractor’s business.

3.2.4 REQUIRED DOCKING/MOORING FACILITY: The contractor will be responsible for providing docking/mooring facilities for their vessel.

3.2.5 INSURANCE: The contractor is responsible for ensuring they have adequate liability insurance coverage in accordance with FAR Clause 52.212-4 (p) of solicitation.

3.3 PERSONNEL: All contractor personnel are required to be U. S. citizens or legal residents of the United States, at least 18 years old, and able to read, write, and speak English fluently.

3.3.1 POINT OF CONTACT: The contractor shall provide a point of contact that will be available to discuss work performed under this contract during the normal working day and during periods of underway time or immediately thereafter. The point of contact shall be able to read, write, and speak English fluently.

3.3.2 CREW: Minimum vessel crew shall consist of 1 Master/Coxswain and 1 Deckhand. The crew shall be trained in water rescue techniques and cold water survival.

3.3.2.1 MASTER/CAPTAIN: The Master/Captain shall be licensed by the Coast Guard to operate uninspected passengers vessels as defined in 46 U.S.C. 2101 (42) upon near coastal waters not more than 100 miles offshore, at a minimum, for the size of the vessel being operated, including the carriage of six passengers, shall be qualified in CPR, and speak English fluently.

3.3.2.3 DECKHANDS: The deckhands shall be knowledgeable and able bodied in performing shipboard operations, rigging for helicopter operations, recovery of dropped gear (up to 120 lbs), and deck seamanship. Training in procedures for helicopter operations will be provided by the

Government.

3.3.2.4 POINT OF CONTACT: The contractor shall provide a point of contact that shall be available to discuss work performed under this contract during the normal working day (8:00

AM to 4:00 PM local time) and during periods of underway time. The point of contact shall be able to read, write, and speak English fluently. The name(s), telephone numbers and address of the point of contact shall be provided to the Contracting Officer and COR with the proposal.

4. OPERATIONAL REQUIREMENTS

4.1 AREA OF OPERATIONS: The area of operations will be in the general vicinity of the

Western and Northwestern portions of Galveston Bay and occasionally Clear Lake and the vicinity of the Galveston jetties.

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4.2 SCHEDULE: The contractor will be available at the operating site:

Normally each Tuesday, Wednesday, and Thursday between the hours of 0900 and 1300

OR 1 hour before sunset until 3 hours after sunset.

Normally in the Northwestern portion of Galveston Bay, in the vicinity of Morgan’s

Point, TX.

Prior to departure for any training event, the contractor shall contact the ASH Operations

Officer (OPS) at 832-696-0211 one hour prior and confirm that the training event is still scheduled.

The Contractor is required to be at the operational training site within 10 minutes of the prescribed scheduled time. For the purposes of this contract, events will normally be scheduled from Monday through Friday, but may also be occasionally scheduled on the weekend due to operational needs. The schedule will be available for the Contractor by

COB on Friday of the preceding week. Due to the dynamic nature of scheduling aircraft training events, times and days may be adjusted on a day-to-day basis; the Coast Guard will provide specific times for services and the specific on scene location within the area of operation a minimum of twelve (12) hours in advance. Additional training periods may be conducted at a greater frequency to accommodate surge training requirements on a schedule mutually agreed upon by the parties. There will be weeks where higher than average or lower than average underway time may be requested which can be predicted to a high degree of accuracy and provided to the Contractor for planning purposes.

Operations will typically be conducted for on scene periods of four (4) hours in duration, extendable hourly by the Coast Guard.

When operations require the contractor to relocate for offshore training, the contractor will be notified with two weeks’ notice. The contractor will relocate the training vessel to a mooring/berth near the Galveston jetties, and for the specified date range, operate from there and conduct hoist training in the Gulf of Mexico proper, outside of the jetties. Each

“training block” during the offshore training is to be treated otherwise the same as the normal training operations, such as in duration and scheduling adjustments, etc.

4.3 WEATHER LIMITATIONS: The minimum weather for completing the work shall be:

600-3 (cloud ceilings greater than 600’ with a minimum of 3 statute miles of visibility), unless evaluated and waived by the ASH Operations Officer.

Winds shall not exceed 35 knots sustained, or gust-spreads no greater than 15 knots.

The minimum temperature training limit for boat hoisting is 32° F/0° C. Below this temperature sea water freezes, posing potential icing hazards to both helicopter and boat crews. The contractor may cancel/limit the extent of training if safety is adversely impacted in temperatures above this limit or other environmental factors exist.

4.4 PASSENGERS: Only employees of the contractor or passengers expressly approved by the

ASH Operations Department will be aboard the vessel during training evolution. Periodically and contractor capacity permitting, ASH approved passengers may be aboard the vessel in an observer or standby status for training familiarization.

4.5 CANCELLATION POLICY: Operations, maintenance, or other issues could force cancellations of previously scheduled training events. In the event a cancellation is anticipated with greater than 4 hours (8 hours for “offshore” training blocks in the vicinity of the Galveston jetties) notice to the contractor, no cost will be incurred to the Coast Guard for that training block. If cancellation occurs with less than 4 hours (8 hours for “offshore” training blocks in the

70Z08418QB1300800 8 of 67 vicinity of the Galveston jetties) from the previously scheduled training block, the Coast Guard agrees to pay 50% of the cost of the cancelled training event. Any training block cancellation due to exceeding weather criteria listed in Section 4.3 may be rescheduled and used without cost or penalty at a later date. The ASH Schedules Officer (or ASH representative) will communicate the cancellation via cell phone to the points of contact provided by the contractor. If no answer is received when an attempt is made, voice mail shall suffice for notifying the contractor of cancellation.

5. ADMINISTRATION

5.1 AFTER AWARD OF THE CONTRACT: The contracting officer’s QAE representative will immediately notify the contractor of required start date. All work shall be done in accordance with this specification. Contact the Air Station Houston Operations Department to schedule training blocks.

5.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK: Upon

acceptance the contractor shall commence work NLT seven (7) days after notice to proceed and work diligently to complete operations. This contract is anticipated to commence on or about 01

July 2018 and be complete no later than 30 June 2019, with four (4) additional one year option periods.

5.3 DESIGNATED CONTRACTING OFFICER’S QA EVALUATOR (QAE): The

designated contracting officer’s QAE and Point of Contact for this project is the ASH Assistant

Operations Officer; (713) 578-3031. Inquiries concerning any phase of the specification before or after award shall be made to ASH’s Assistant Operations Officer.

5.4 OPERATIONAL LOG/WEEKLY OPERATIONS SYNOPSIS REPORT: The

contractor shall maintain a log of all operations, which includes dates, location, times, duration and type of evolutions being performed. An operations synopsis report of the current week’s operations shall be passed to the ASH Contracting Officer Representative (COR) within five (5) days of the previous training week’s end. An electronic copy sent via email is preferred.

5.5 ORIENTATION BRIEFING AND TRAINING: The Government shall provide an orientation brief and initial training for key contract personnel prior to the contract start date. The orientation and training will include at a minimum; safe boating practices, hoist operations, dewatering pump / litter delivery operations, airborne use of force training scenarios, etc. The

Government shall also provide annual refresher training in accordance with the USCG Boat

Crew Seamanship Manual, COMDTINST M16114.5 (series) on the same items. The vessel, all equipment, and operations will be subject to inspection every three months to six months. Failure of inspection may result in deduction of the charter for hire

5.6 PERFORMANCE EVALUATION MEETINGS: The contractor provided weekly operational log will be used to verify the contractor’s timely arrival on station. If the contractor fails to meet the scheduled training events or is unable to complete the training activity, the frequency of not fulfilling the scheduled requirements may be the basis for a deduction in the charter hire. Meetings between the contractor and the unit’s Operations Officer and/or unit representative will be held at least twice a year to review the contractor’s performance. The initial meeting location will be at ASH during initial training while subsequent meetings may be telephonic, videoconference, or other media.

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5.7 DELIVERABLES:

Deliverables Frequency Number of Copies and to Whom

Dates Required

Operational Log in accordance with

Section 5.4

Weekly One, COR

Within five (5) days of the previous operational weeks end

Name(s) telephone number and address of the point of contact in accordance with

Section 3.3.2.4

As needed

Two, Contracting

Officer and COR

With Proposal

Licenses and

Permits in accordance with Section 3.2.3

As needed

One, Contracting

Officer

With proposal and upon renewal

5.8 ORAL MODIFICATION: No oral statements of any person other than the Contracting

Officer shall in any manner or degree, modify or otherwise affect the terms of this contract.

5.9 PERMITS: The contractor shall, without additional expense to the government, obtain all appointments, licenses, insurance, and permits required for the prosecution of this scope of work.

The contractor shall comply with all applicable federal, state and local laws.

5.10 WORK OUTSIDE REGULAR HOURS: Due to the dynamic nature of the services provided, the contractor may occasionally, but not normally, be expected to carry out work on

Saturdays, Sundays, and/or outside the station’s normal business hours.

5.11 UPON COMPLETION OF WORK: Contact the Contracting Officer QAE Representative to arrange for inspection/acceptance of work.

5.12 INVOICING FOR SERVICE: The contractor will provide a set price for a standard four

(4) hour training block. A standard training block will include four (4) hours of contract vessel on scene time, not including transit time to/from the training site from the contractor's mooring/docking location. Additionally, the contractor will provide a set price for the cost of transiting the vessel to Galveston and back to its regular mooring in the north/northwestern

Galveston Bay area as well as a price per day that the vessel is moored near Galveston for offshore training including increased manning costs. A training block can be used indiscriminately between the regular training area in north/northwestern Galveston Bay or south of the Galveston jetties.

5.12.1 On scene time commences either:

When the contract boat arrives to the specified training site, but no sooner than the scheduled time

OR when the Coast Guard helicopter arrives on scene and requests for training to commence, whichever happens first.

5.12.2 On scene time will end when the Coast Guard helicopter departs the scene. In the event that a Coast Guard helicopter must temporarily depart scene to refuel and/or transfer passengers, training time will continue until the helicopter departs at the completion of its last sortie with the

70Z08418QB1300800 10 of 67 training boat or ASH’s Operations Center contacts the vessel to notify them that training has ceased. In the event the Coast Guard does not use the full standard training block, the contractor will still be paid for a full standard training block.

5.13 DISCLAIMER: The government will assume no responsibility for any misunderstanding or misrepresentations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the request for quotes, the specification or related documents.

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CONTRACT CLAUSES

FAR CLAUSE 52.212-4: Contract Terms and Conditions-Commercial Items (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31

U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

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(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting

Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or

52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

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(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and

Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the

Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

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(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. (The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. – Modified

(1) The Contractor shall assume all liability for and shall indemnify and save harmless the

Government, its officers, enlisted personnel, agents and employees from and against any loss, damage or injury which may be sustained by any person or persons, whether they be employees, agents, or representatives of the parties hereto, or third persons, as a result of the

Contractor‘s failure to perform this contract as required by its terms. The Contractor also shall be liable for and shall at all times defend, indemnify and hold harmless the government, its officers, enlisted personnel, agents and employees from and against any and all public or private environmental claims or liabilities arising from the Contractor‘s performance of this contract; public or private environmental claims or liabilities shall include but not be limited to

70Z08418QB1300800 16 of 67 civil and criminal penalties, natural resource damages, response costs, cleanup and remediation, damage to government and third party property, and any other third party liability.

(2) In the event any such claim or demand is made upon the Government, its officers, enlisted personnel, agents or employees, or in the event any suit therefore is instituted, the Government shall give immediate notice of such claim or suit to the Contractor and will refrain from any payment or demand with respect to such claim or suit without first allowing the Contractor a reasonable opportunity to resolve the claim. The Contractor‘s liability under this clause shall include reimbursement to the Government, its officers, enlisted personnel, agents and employees for any judgments, payments or litigation expenses occasioned to them in connection with claims, demands or suits of which notice has been given by the Government.

(3) The Contractor releases the Government, its officers, enlisted personnel, agents and employees from any liability for any loss, damage or injury which may be sustained by the

Contractor‘s failure to perform this contract as required by its terms.

(4) Notwithstanding any other provisions of this clause, the Contractor shall not be liable for or required to defend, indemnify, hold harmless or release the Government, its officers, enlisted personnel, agents and employees for any judgments, payments or expenses arising out of and to the extent of the gross negligence, willful misconduct or criminal acts of the Government, its officers, enlisted personnel, agents or employees.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

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(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to…