70Z08420QBB707700 RFQ.pdf

NOTICE TO OFFERORS

COMBINED SYNOPSIS/SOLICITATION NUMBER: 70Z08420QBB707700

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, COCO, Director of Operational Logistics (DOL-9), Base Procurement and Contracting (DOL-95), 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 Unrestricted Full and Open. The NAICS code is 488390 and the size standard is $41.5 million.

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 27- 30 (FAR Provision 52.212-1, (b)

Submission of Offers); and your offer shall be received by this office at or before August 13, 2020, 12:00 p.m. Eastern, to be eligible for award. Also, see FAR Provision 52.212-2 (page 33 - 34) for Evaluation Factors.

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

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 (August 4, 2020) 12:00 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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Administered By (Contract Management)

Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The individuals listed below will be the Government points of contact during the performance period.

Procuring Contracting Office: The U.S. Department of Homeland Security, U.S. Coast Guard, COCO, Director of

Operational Logistics (DOL-9), Base Procurement and Contracting (DOL-95), 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 COCO, Director of Operational Logistics (DOL-

9), Base Procurement and Contracting (DOL-95), Contracting Officer.

Contracting Officer: Courtney Baker-Williams Telephone #: (757) 628-4042

E-Mail: Courtney.Baker-Williams@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 COCO, Director of Operational Logistics (DOL-9), Base

Procurement and Contracting (DOL-95).

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:Courtney.Baker-Williams@uscg.mil mailto:Clenton.A.Shanks@uscg.mil

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INVOICE PROCEDURES

Electronic submission of invoices is mandatory for this contract and/or any orders issued in accordance with this contract.

1. The Contractor shall submit all invoices for supplies or services via the U.S. Coast Guard Finance Center

(FINCEN) website at: www.fincen.uscg.mil

(a) Select “Submitting Invoices” under “Vendors” on the right hand side of the screen.

(b) Select “Coast Guard Vendors”

(c) Select “Coast Guard Award Invoices or Contract/Order Invoice” (‘24’ document)

(d) Select “Online: Coast Guard Award Invoices or Contract/Order Invoices “

(e) Go to Step 3 (if contractor has already created a PDF invoice) to complete the “Contractor Invoice

Submission Form”.

2. The electronic submission requires the contractor to:

(a) Complete the Contractor Invoice Submission Form

(b) Select the correct Invoice Routing Code, which is SILC PCB-4 (the Contractor must select the correct

Invoice Routing Code for timely invoice processing.)

(c) Attach a single PDF file, which can be no larger than 3 MB, containing the invoice and any necessary supporting documentation. (Grey-scale PDFs and Portfolio PDFs are not compatible.)

(d) If your single PDF file is larger than 3 MB:

Complete the Contractor Invoice Submission Form via the website and attach the invoice document only, then

E-mail the invoice and any supporting documentation to vincente.m.macho@uscg.mil.

3. The Contractor shall submit a proper invoice as identified in FAR Clause 52.212-4, (g) Invoice. All invoices shall be itemized to correlate to the Schedule of Supplies/Services. All improper invoices will be rejected which could delay payment.

4. A sample Contractor Invoice Submission Form is provided below. Mandatory information to be completed is highlighted in red on the website.

5. Invoices shall be submitted in accordance with FAR Clause 52.212-4, (g) Invoice. All invoices shall be itemized to correlate to the Schedule of Supplies/Services. All improper invoices will be rejected which could delay payment.

http://www.fincen.uscg.mil/

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Schedule of Supplies/Services

Services Required/Place of Performance: The Contractor shall furnish all labor, material, and equipment to provide and operate a vessel or vessels in support of the U.S. Coast Guard Aviation Training Program at U.S. Coast Guard Air

Station Borinquen, PR for a Base Period of one (1) year plus four (4) one-year option ordering periods, if exercised, in accordance with the Statement of Work, all the terms and conditions of the contact, and in accordance with the following:

INDEFINITE DELIVERY REQUIREMENT TYPE CONTRACT

Any services to be furnished under this contract shall be ordered by issuance of Task Orders.

CLIN Schedule Of Supplies/Services EST

Quantity

Unit Unit

Price

EST Total

Amount

Base Ordering Period: On or about 01 October 2020 through 30 September 2021

00001 Provide and Operate Vessel or Vessels in Support of

Helicopter hoisting operations IAW the SOW

135 Training

Blocks

00002 Additional on scene time to be ordered in whole hours only in conjunction with CLIN 00001 IAW the SOW

40 Hour

Option Year One Ordering Period: 01 October 2021 through 30 September 2022

10001 Provide and Operate Vessel or Vessels in Support of

Helicopter hoisting operations IAW the SOW

10002 Additional on scene time to be ordered in whole hours only in conjunction with CLIN 10001 IAW the SOW

40 Hour

Option Year Two Ordering Period: 01 October 2022 through 30 September 2023

20001 Provide and Operate Vessel or Vessels in Support of

Helicopter hoisting operations IAW the SOW

20002 Additional on scene time to be ordered in whole hours only in conjunction with CLIN 20001 IAW the SOW

40 Hour

Option Year Three Ordering Period: 01 October 2023 through 30 September 2024

30001 Provide and Operate Vessel or Vessels in Support of

Helicopter hoisting operations IAW the SOW

30002 Additional on scene time to be ordered in whole hours only in conjunction with CLIN 30001 IAW the SOW

40 Hour

Option Year Four Ordering Period: 01 October 2024 through 30 September 2025

40001 Provide and Operate Vessel or Vessels in Support of

Helicopter hoisting operations IAW the SOW

40002 Additional on scene time to be ordered in whole hours only in conjunction with CLIN 40001 IAW the SOW

40 Hour

ESTIMATED CONTRACT TOTAL:

Note: The unit price for CLIN 00001, 10001, 20001, 30001, and 40001 shall only include the cost for a standard training block. The standard training block will include TWO (2) 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.

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The unit price for CLIN 00002, 10002, 20002, 30002, and 40002 shall only include the price for additional on scene time that will only be ordered in whole hours in conjunction with one (1) training block of CLIN 00001, 10001, 20001, 30001, or 40001.

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

START: On or about October 01, 2020

COMPLETE: September 30, 2025 (base year with four (4) one-year options)

SHORT TITLE: USCG Aviation Training Requirements for Coast Guard Air Station Borinquen

1.0 Introduction: The Coast Guard Director of Operational Logistics (DOL-9) is requiring vessel or vessels to support the Aviation Training Program at the U.S. Coast Guard Air Station Borinquen, Aguadilla, PR. The contractor shall be responsible for providing and operating a vessel in support of the Coast Guard's aviation training program and specifically providing all necessary management, supervision, personnel, labor, materials, fuel, and equipment necessary for the vessel(s) to support helicopter hoisting with Air Station Borinquen.

2.0 Background: One of the Coast Guard's primary missions is Search and Rescue. In order for Air Station Borinquen to fulfill this mission, it is necessary to maintain aircrew proficiency by conducting helicopter hoists of equipment or 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.

3.0 Scope: The contractor shall provide and operate a vessel or vessels that will be required to support helicopter hoisting and aerial delivery or deployment evolutions by Air Station Borinquen as described in this statement of work.

4.0 Applicable Documents:

4.1 In each of the publications referred to herein, consider the advisory provisions to be mandatory, as though the word, “shall” had been substituted for “should” wherever it appears. Interpret references in these publications to the

“authority having jurisdiction,” or work of similar meaning, to mean the Contracting Officer.

4.2 The below list of applicable documents is supplied to assist contractors in determining pertinent regulations and shall not be considered all-inclusive:

Title Description

46 CFR 175-187 Small Passenger Vessels

42 U.S.C. Section 6901 Resources Conservation and Recovery Act, 42 U.S.C., Section 6901 et seq

(RCRA)

33 CFR 154 Control of Pollution by Oil and Hazardous Substances, Discharge Removal

N/A Safe Drinking Water Act (1974)

N/A The Occupational Safety and Health Act (OSHA)

CERCLA of 1980 Comprehensive Environmental Response, Compensation, and Liability Act

(CERCLA) of 1980

SARA of 1986 Superfund Amendments and Reauthorization Act (SARA) of 1986

5.0 Technical Requirements:

5.1 Helicopter Hoisting and Recovery Training Vessel Description: The contracted training vessel for helicopter hoisting and recovery training shall have the following characteristics:

No shorter than 34 feet and no longer than 65 feet.

Have a beam of no less than 10 feet.

Have a gross vessel weight of at least 8 tons.

Have a minimum draft of 4 feet; an extremely shallow draft vessel is undesirable due to drift characteristics when subjected to rotor downwash.

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Have no permanent structures protruding higher than 20 feet above the water line, which cannot be quickly stowed (e.g. antennas).

Have operating deck lights which can be manipulated on/off at the request of the helicopter training crews at all times.

Must have a minimum deck area of 58 square feet on the aft (fantail) portion of the vessel to allow two crewmembers to safely conduct training/hoisting operations with a basket, litter, dewatering pump or person lowered from the helicopter. Deck area must be free of all obstructions.

The minimum required speed for the vessel is 0 knots or "dead in the water".

Must be capable of maintaining of heading of +/- 10 degrees at a speed of between 5-15 knots while operating under a large helicopter producing 90 knots of rotor downwash in varying sea states and winds.

5.1.2 Other Characteristics: The vessel(s) must also meet the following characteristics regardless of training evolution:

Must be capable of easily recovering personnel or floating equipment from the water.

Must be capable of maintaining at least 15 knots transit speed for minimum of 3 hours.

5.2 Vessel Equipment: The vessel shall have, at a minimum, all equipment required by federal, state, local, and municipal laws. Additionally, for operational purposes, the vessel shall have a fathometer, surface search radar, VHF-

FM multiple frequency capable 2-way marine radio with specified frequencies/channels (13, 16, 21, 22, 23, 81, 83) and minimum ranges (20 NM), a cellular phone for secondary communications to the Air Station Borinquen

Operations Center, GPS, and a long-distance high-beam search light (fixed or hand-held). A 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.

5.3 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. The vessel(s) shall be documented by the U.S. Coast Guard

National Vessel Documentation Center.

5.4 Safety: The vessel shall be outfitted with a contractor-furnished first aid kit and approved USCG Type III personal flotation devices for crew and passengers. The contractor shall provide helmets, goggles, and hearing/ear protection for use by crew members during helicopter hoisting operations. Anticipate that static electricity charge from the helicopter will be encountered. The vessel shall demonstrate the means to dissipate electrical charge through grounding wand to the water or to the vessel. 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 M10470.10(series) and the

USCG Boat Crew Seamanship Manual, COMDTINST M16114.5(series). These manuals can be found online at http://www.uscg.mil/directives/. The contractor shall operate and maintain the vessel, as well as all equipment and systems, in accordance with the original equipment manufacturers technical manuals and specifications, Coast Guard regulations, and any applicable federal, state, and local regulations. Furthermore, the contractor and his employees shall become familiar with and obey maritime regulations including emergency, vessel traffic, and security regulations. The contractor shall instruct the Government of any hazards or unsafe conditions as they embark or disembark the vessel(s). The contractor shall report all incidents in which there is any injury to personnel or damage to Government’s property to the Contracting Officer and COR (Contracting Officer Representative) within two (2) hours of any incident.

5.5 Required Docking/Mooring: The contractor will be responsible for providing docking/mooring facilities for their vessel. The vessel shall be located within a one-hour transit time from the geographical area of operation.

5.6 Normal Schedule: For the purposes of this contract, the normal schedule week will be Monday through Sunday.

Typically, events will be scheduled from Monday through Friday, but may also be occasionally scheduled on the weekend. The schedule will be available for the Contractor by COB on Friday of the preceding week. Due to the http://www.uscg.mil/directives/

70Z08420QBB707700 7 of 45 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 24 hours in advance. Prior to departure for any training event, the contractor will contact the Air Station

Borinquen Operations Center, 787-890-8414, one hour prior and confirm that the training event is still scheduled. The

Contractor is required to be at the operational site at the prescribed scheduled time. Typically the contractor will be required to provide services two days per week. Additional training periods may be conducted at a greater frequency to accommodate surge training requirements on a schedule mutually agreed upon by the parties. Operations will typically be conducted for on scene periods of two hours during periods scheduled between 6:00 AM and 11:00 PM local time. The vessel shall be available from Monday-Friday during these times. The vessel shall also be available on weekends during those same times for the weekend day(s) previously scheduled. 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 two hours in duration, extendable hourly by the Coast Guard, not to exceed a total of six hours. The contractor is responsible for advising the Coast Guard when the operations are approaching the maximum six hour operational on scene period. The boat crew shall also have a minimum 12 hour rest period between consecutive scheduled training days.

5.7 Area of Operations: The area of operations will be mutually agreed upon by both parties, which may be no greater than 10 NM from the shoreline and within a 30 NM radius of Coast Guard Air Station Borinquen (approximately from between Mayaguez, PR, and Arecibo, PR). Operating in the Aguadilla Bay vicinity is generally the preferred location, however the location may be adjusted daily should it be conducive to helicopter training operations.

5.8 Operational Log: The contractor shall maintain a log of all operations, which includes dates, location, times, duration, and type of evolutions being performed. The log shall be passed to Air Station Borinquen COR on a monthly basis within 5 days of the end of the month.

5.9 Weather Criteria: The minimum weather for completing the work shall be 700-2 (cloud ceilings greater than

700’ with a minimum of 2 statute miles of visibility), unless evaluated and waived by the Air Station Borinquen

Operations Officer. The vessel shall be capable of completing training requirements in sea states of up to 6 feet and wind speeds of up to 30 knots.

5.10 Function/Tasks: The contractor shall support training operations for the hoisting and/or delivery of equipment, or the hoisting of or deployment of rescue swimmers, from government aircraft. The air station will provide the drill basket and the contractor’s vessel shall be able to accommodate maintaining the drill basket on board for use during hoisting training evolutions. The contractor shall have a place on board to store the basket when not in use. These objects/personnel may be delivered/deployed directly to the contract vessel or dropped/deployed into the water for retrieval. The contractor shall also serve as an on scene search and rescue asset during helicopter rescue swimmer deployment evolutions and helicopter approaches to the water. The training to be conducted will be both initial for new aviators/aircrews and proficiency maintenance for experienced aviators/aircrews.

5.11 Official Passengers: The contractor shall accommodate the transport of Coast Guard Rescue Swimmers and/or other official business personnel, as designated by the Air Station Borinquen Commanding Officer, during contracted sessions. Typically the official passengers will embark and disembark from the contract boat at the contractor’s mooring/docking location.

5.12 Communication Procedures: The government shall provide/assign VHF communication frequencies for contractor use. The contractor shall provide a cellular phone on board for secondary communications with the Air

Station Borinquen Operations Center or Sector San Juan as applicable.

5.13 Communication during Operations: The contractor shall ensure that the vessel contacts Sector San Juan

Command Center at intervals not to exceed 30 minutes while engaged in aviation training services.

5.14 Cancellation Policy: Operations, maintenance, or other issues could force cancellations of previously scheduled training events. Any cancellation made by the Coast Guard two hours prior to the scheduled training block start time shall not be invoiced for service. The training block may be rescheduled and used without penalty at a later date. Any

70Z08420QBB707700 8 of 45 training block cancellation due to exceeding weather criteria may be rescheduled and used without penalty at a later date. The contractor or coxswain shall notify the Coast Guard two hours prior to the scheduled training block start time if weather exceeds parameters. The Air Station Flight Schedules Officer, or designated representative, will communicate the cancellation via email and cell phone, to the point of contacts provided by the contractor. If no answer or reply is received when an attempt is made, voice mail or email shall suffice for informing contractor of cancellation. Any cancellation made by the Coast Guard with less than two hours notice will result in the full charge of one training block.

6.0 Deliverables:

Deliverables Frequency Number of Copies and to Whom

Dates Required

Incident Report in accordance with Section 5.4

As needed Two, Contracting

Officer and COR

Within two (2) hours of the incident

Operational Log in accordance with Section 5.8

Monthly One, COR Within five (5) days prior to the end of the month

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

Section 7.2

As needed Two, Contracting

Officer and COR

With quote

Contractor Employee List in accordance with section 7.3

As revised Two, Contracting

Officer and COR

With quote and as updated

Drug Screening Urinalysis in accordance with Section

7.7

Prior to commencing work and semi-annually after

One, COR For all applicable crewmembers prior to start of work and semi-annually thereafter

Licenses and Permits in accordance with Section 7.5

& 8.3

As needed One, Contracting

Officer

With quote and upon renewal

Contract Discrepancy

Report Form

As needed One, Contracting

Officer

Within three (3) days after receipt of form

7.0 Personnel Requirement Qualifications:

7.1 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.

7.2 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.

7.3 Contractor Employee List: The contractor shall provide a list of all employees that are performing work under this contract. The contractor shall maintain the list and provide an updated list to the COR and the Contracting Officer as needed.

7.4 Crew: Minimum vessel crew shall consist of a boat Master/Captain and two deckhands. The crew shall be currently trained in rescue techniques and water survival. Each of the crew members shall be capable of aerial delivery and pickup of equipment, operating and maneuvering the vessel during helicopter hoist operations, and assisting with any required rescue operations. The training vessel shall also be able to accommodate official passengers as described in section 5.11 above, or during certain designated training situations, as required.

7.5 Master/Captain: At a minimum, the captain shall be licensed by the Coast Guard to operate uninspected passenger vessels, as defined in 46 U.S.C. 2101 (42), upon coastal waters not more than 100 miles offshore, shall be qualified in CPR, and shall speak English fluently. The Master/Captain shall be capable of operating and maneuvering the

70Z08420QBB707700 9 of 45 vessel during helicopter hoist operations and for aerial dewatering pump pickup, low-approach cover, as well as any required rescue training.

7.6 Deckhands: The deckhands shall be knowledgeable in shipboard operations, rigging for helicopter operations, recovery of dropped gear, and deck seamanship. Training in procedures for helicopter operations will be provided by the Coast Guard in accordance with the USCG Boat Crew Seamanship Manual, COMDTINST M16114.5(series).

7.7 Urinalysis: All contractor employees performing work under this contract shall be required to submit to a urinalysis exam to determine if there is any presence of drugs prior to commencing work under this contract. The contractor is responsible to ensure that all employees have completed an exam prior to commencing work under this contract. Copies of the test results shall be forwarded to the COR before work begins. The results of any new or replacement employees tests shall be provided to the COR prior to commencing work under this contract. An updated

Contractor Employee List shall also be forwarded to the COR under this contract and as required under deliverables in section 6.0 of this Statement of Work. No crewmember with a positive result (except for personnel on prescription drugs issued by a Medical Doctor) on a urinalysis shall be allowed to work under this contract. The contractor shall develop a system for random drug screening urinalysis in which all crewmembers working under this contract are tested at least semi-annually. Any crewmember who is found to have positive results without a satisfactory explanation (i.e., prescription medication) or who refuses to take the test at the appointed time shall be permanently removed from providing services under this contract. Positive screening results or test refusal of the contract boat

Master/Captain is grounds for termination of this contract if a suitable replacement, as defined in 7.5 above, cannot be identified and approved without impacting Air Station Borinquen training requirements.

7.8 Liability Insurance: The contractor is responsible for ensuring they have adequate liability insurance coverage under 48 CFR 28.306. In addition, the contractor shall provide proof of third party liability insurance that covers up to a minimum of $1,000,000.00 in personal injuries and property damages.

7.9 Orientation Briefing & Training: The government shall provide an orientation brief and initial training for key contract personnel prior to the contract start date. The orientation and trainings will include at a minimum safe boating practices, vessel hoisting operations, rescue swimmer operations, and dewatering pump delivery operations, etc. The government shall also provide semi-annual refresher training on the same items. The contractor and the COR shall coordinate the required training after contract award.

8.0 Administration:

8.1 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 or termination of this contract. Meetings between the contractor and the unit’s Operations

Officer and the Contracting Officers representative (COR) will be held at least twice a year at Air Station Borinquen to review the contractor’s performance.

8.2 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.

8.3 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.

8.4 Invoicing for Service: A set payment will be established for a standard two-hour training block, and a separate set rate for any hour, for training that extends beyond the training block. The standard training block will include two hours of contract vessel on scene time, not including transit time to/from the training site from the contractor's mooring/docking location. On scene time commences when the contract boat arrives at the specified training site and no sooner than the scheduled time. Training 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 training boat or Air Station Borinquen’s

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Air Station Watch Stander contacts the vessel to notify them that training has ceased. The on scene Coast Guard helicopter Aircraft Commander or Air Station Borinquen’s Air Station Watch Stander may extend training sessions beyond the two-hour training while the boat is on scene; the separate set hourly rate will commence once the original two-hour standard training block ends. No single training session shall exceed six hours. 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. Any unused training blocks at the end of the contract will be forfeited and the Government will retain any unused funds.

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CONTRACT CLAUSES

FAR CLAUSE 52.212-4: Contract Terms and Conditions-Commercial Items (OCT 2018)

(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 Governmentwide 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.

(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.

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

(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 at fixed by the Secretary until the amount is paid.

(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.

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(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.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(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. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(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.

(t) Reserved

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity

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1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.