70Z08421QB1701700 RFQ.pdf

COMBINED SYNOPSIS/SOLICITATION NUMBER: 70Z08421QB1701700

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 “Total Small Business” set aside. 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 24, 2021, 12:00 p.m. Eastern, to be eligible for award. Also, see FAR Provision 52.212-2 (page 34 - 35) for Evaluation Factors.

3. Submit your offer, with all required documentation to Vicente.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 Vicente.M.Macho@uscg.mil no later than (August 11, 2021) 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 beta.sam.gov 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:Vicente.M.Macho@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

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: Vicente.M.Macho@uscg.mil Fax #: (757) 628-4135 mailto:Courtney.Baker-Williams@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 https://www.uscg.mil/fincen.

(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 vicente.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.

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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 Kodiak, AK 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 Period: On or about 30 September 2021 through 29 September 2022 00001 Provide and Operate Vessel or Vessels in Support of

Helicopter hoisting operations IAW the SOW 600 Training

Blocks

Option Year One Ordering Period On or about 30 September 2022 through 29 September 2023

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

Option Year Two Ordering Period: On or about 30 September 2023 through 29 September 2024

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

Option Year Three Ordering Period: On or about 30 September 2024 through 29 September 2025

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

Option Year Four Ordering Period: On or about 30 September 2025 through 29 September 2026

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

ESTIMATED CONTRACT TOTAL:

Note: The unit price for this requirement shall only include the cost for a standard training block. The standard training block will be ONE (1) hour of contract vessel on scene time, not transit time to/from the training site from the contractor’s mooring/docking location. Any training time used after the initial one hour session, will be billed in 30 minute intervals at 50% of the total cost of each hour. Example: A session of 1 hour and 10 minutes will be billed as

1.5 hours. A session that is 1 hour and 35 minutes will be billed as 2 hours. 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: 600 training blocks are projected for the year, but only 350 are used. The Government is not obligated to pay the remaining 50 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

START: On or about September 30, 2021

COMPLETE: September 29, 2026 (Base Year with four (4) one-year options)

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

1.0 GENERAL.

1.1 BACKGROUND. The Department of Homeland Security, United States Coast Guard (USCG), Air Station Kodiak located in Kodiak, Alaska, has a requirement for training vessel support services. In the past, this requirement was fulfilled using Coast Guard small boats and patrol boats; however, 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.

1.2 SCOPE. The Contractor will be responsible for providing all necessary management, supervision, personnel, labor, materials, fuel, and equipment necessary for the vessel(s) to support helicopter hoisting, aerial delivery, and aircraft crew rescue support for Air Station Kodiak.

1.3 OBJECTIVE. Air Station Kodiak’s requirement is to maintain aircrew proficiency by conducting helicopter hoists of equipment and personnel to and from underway vessels, helicopter delivery and recovery of rescue swimmers, and aerial delivery of dewatering pumps and other equipment to the water by fixed and rotary wing aircraft.

These skill sets require both initial and proficiency training for Coast Guard pilots and aircrews.

1.4 APPLICABLE DOCUMENTS. 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.

1.4.1 Compliance Documents. The below list of applicable documents is supplied to assist contractors in determining pertinent regulations and shall not be considered all-inclusive.

1.4.2 Reference Documents.

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 The Water Quality Improvement Act of 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

Title Description Location

COMDTINST

M3710.1 (series)

USCG Air Operations Manual https://media.defense.gov/2018/Nov/01/2002058346/-1/-

1/0/CIM_3710_1H.PDF

TTP 3-91.26 Helicopter Hoisting for Non-Flight Deck Vessels Tactics, Techniques, and Procedures (TTP)

Furnished upon award https://media.defense.gov/2018/Nov/01/2002058346/-1/-1/0/CIM_3710_1H.PDF https://media.defense.gov/2018/Nov/01/2002058346/-1/-1/0/CIM_3710_1H.PDF

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2.0 SPECIFIC REQUIREMENTS/TASKS.

2.1 HELICOPTER HOISTING AND RECOVERY TRAINING VESSEL DESCRIPTION. The Contracted training vessel for helicopter hoisting and recovery training shall have the following characteristics:

2.1.1 Have an overall length no less than 40 feet and no more than 80 feet.

2.1.2 Have a beam of no less than 10 feet and no greater than 20 feet.

2.1.3 Have a displacement of at least 8 tons.

2.1.4 Have a minimum draft of 3.0 feet. (An extremely shallow draft vessel is undesirable due to drift characteristics when subjected to rotor downwash.)

2.1.5 Have no permanent structures protruding higher than 25 feet above the water line which cannot be quickly stowed (e.g. antennas).

2.1.6 Have a minimum deck area of 64 square feet on the aft (fantail) portion of the vessel to allow two crewmembers to safely conduct training/hoisting operations with equipment/personnel lowered from the helicopter.

Deck area must be free of obstructions and be visible by the vessel operator. A platform structure on the aft portion of the vessel accessible by the vessel’s crew is acceptable.

2.1.7 Be capable of maintaining of heading of +/- 10 degrees at a speed of between 5-10 knots for a period of one

(01) hour while operating under a large helicopter producing 90 knots of rotor downwash in varying sea states and winds.

2.1.8 Be capable of operating underway without propulsion or “dead-in-the-water” for periods up to 30 minutes at a time while operating under a large helicopter producing 90 knots of rotor downwash in varying sea states and winds.

2.1.9 Be capable of maintaining at least 10 knots transit speed for a minimum of six (06) hours without refueling.

2.1.10 Be capable of recovering up to eight (08) people from the water and transporting them to a pier, dock, or moorage.

2.1.11 Have an enclosed, heated cabin to accommodate the boat crew and at least one additional person.

2.1.12 Be capable of recovering from the water and transporting to a pier, dock, or moorage any floating rescue equipment dropped or lowered from aircraft to include but not limited to dewatering pump cans, life rafts, rescue training mannequins, rescue baskets, litters, datum marker buoys, or any related equipment less than 300 pounds.

2.2 VESSEL EQUIPMENT. The vessel shall have, at a minimum, all equipment required by law including a fathometer, 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 Kodiak 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 understand radio communications between the training boat and helicopter while a helicopter is directly overhead the vessel.

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, BCH16114.1 (series) USCG Boat Crew Handbook – Boat Operations

Furnished upon award

70Z08421QB1701700 6 of 46 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.

2.4 SAFETY. The vessel shall be outfitted with a Contractor-furnished first aid kit, and approved Type III personal flotation devices for crew and passengers. Survival suits shall be provided by the Contractor as needed for crew members allowing them to operate on the weather deck/under rotor downwash continuously in cold temperatures. 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. The Contractor shall operate and maintain the vessel, as well as all equipment and systems, in accordance with the original equipment manufacturer’s technical manuals and specifications, U.S. Coast Guard regulations, and any applicable federal, state, and local 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 Government Representative and Contracting Officer within two

(02) hours of any incident.

2.5 REQUIRED DOCKING/MOORING. The Contractor will be responsible for providing docking/mooring facilities for their vessel(s). The Contract vessel(s) shall be homeported, moored, or launched from within a one-hour transit of 57° 43’N 152° 20’W (Chiniak Bay, Kodiak, Alaska).

2.6 SCHEDULING OPERATIONS. The flight schedule of a unit the size of Air Station Kodiak is dynamic, and specific flights cannot be forecasted more than one to two days in advance. Therefore, scheduling operations with the Contractor will consist of a two-step process. First, a Government representative will publish a monthly schedule of dates and general times (e.g., AM, PM, and Night) that the Government anticipates conducting operations with the Contractor. This monthly schedule shall not be construed as the Government firmly scheduling operations with the Contractor; the monthly schedule is for planning purposes only. The second step of the process will consist of a Government representative emailing the Contractor with dates and specific on-scene times (e.g., 8:30AM, 1:30PM) that an aircraft will operate with the Contractor. Upon receipt of the email indicating the scheduled time for the training event, the Contractor will reply confirming receipt of the transmission. These emails will serve as affirmative proof of scheduled operations for billing in the event of cancellations. Typically, the Contractor will be required to provide services five (05) days per week, but shall be available based on a 7-day work week. Operations will typically be conducted for periods of one (01) hour to six (06) hours in duration, and may be scheduled multiple times per day (e.g., a morning block and a night block commencing on the same day). However, training operations shall not exceed 12 hours in any 24-hour period. The Contractor is responsible for advising the Government when the cumulative operational time is approaching the maximum 12-hour limit (exclusive of transit time to/from the operational area).

There may be weeks where higher than average or lower than average underway time may be requested due to other operational/training commitments, and the Contractor may be notified of these situations when possible.

2.6.1 The Contractor will be required to provide support services up to five (05) days per week, but shall be available based on a 7-day work week, for a period of 52 weeks or 365 days a year and include a maximum of 600 billable hours (not including transit time to/from the training site). Following the base period, the Government may award extension periods.

2.7 PRIOR TO OPERATIONS. Prior to departing the dock for any training event, the Contractor shall contact the Air Station Operations Center 1-hour before and confirm that the training event is still scheduled. The Contractor is required to be at the operational site within 10 minutes of the prescribed and scheduled time. The Contractor is responsible for ensuring that the boat crew shall have had a minimum of 10 hours of rest measured from the time the vessel moored for the final time after the previous day’s events to the time the vessel gets underway for the first time of the current day.

2.8 AREA OF OPERATIONS. The area of operations shall encompass Chiniak Bay, Womens Bay, Middle Bay and Kalsin Bay of Kodiak Island, Alaska.

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2.9 OPERATIONAL LOG. The Contractor shall maintain a log of all operations, to include dates, locations, times, duration, and type of evolutions being performed. The log shall be sent to the Government Representative within three

(03) days of the previous operational bi-weekly period end. Each bi-weekly period will commence on the 1st and 15th of each month.

2.10 WEATHER CRITERIA. The vessel and crew must be capable of meeting all contract specifications in weather conditions within the limits stated herein. All weather criteria shall be based upon Kodiak Air Traffic Control Tower observations unless otherwise noted. The Contractor may cancel/limit the extent of training if safety is adversely impacted in conditions within the weather criteria or if other environmental factors exist. The Government will assume no responsibility for any understanding 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.

2.10.1 Surface visibility no less than one (01) statute mile.

2.10.2 Winds (sustained or gusts) no greater than 40 knots.

2.10.3 Seas no more than 8 feet (as determined by vessel master).

2.10.4 The minimum temperature for boat hoisting and rescue swimmer deployments is 23°F/-5°C, which is able to be waived at the Contractors discretion.

2.11 FUNCTION/TASKS. The Contractor shall support training operations for the hoisting and/or deployment of equipment from Government aircraft. These objects may be delivered directly to the Contract Vessel or dropped into the water for retrieval. The Contractor is responsible for the return of delivered/retrieved training gear to designated personnel at Air Station Kodiak. The Contractor shall also serve as an on scene search and rescue asset during boat hoisting, 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.

2.12 COMMUNICATION PROCEDURES. The Government shall provide/assign VHF-FM communication frequencies for Contractor use. The Contractor shall provide a cellular phone on board the vessel for secondary communications with the Air Station Operations Center.

2.13 COMMUNICATION DURING OPERATIONS. The Contractor shall ensure the vessel contacts an appropriate Coast Guard communication facility at intervals not to exceed 30 minutes while engaged in aviation training services.

2.14 PRE-AWARD INSPECTION AND EVALUATION. A successful quote by a potential Contractor will require an inspection and underway/on-scene evaluation of performance characteristics to ensure that the vessel meets the requirements indicated in this Statement of Work. Contractors shall anticipate background checks of personnel operating the vessel. Additionally, personnel operating the vessel will be encouraged not to discuss specifics of Coast Guard training characteristics or training performance with personnel outside the Government, and shall notify the Government Representative within two (02) working days if any such requests for information are made.

2.15 CANCELLATION POLICY. Weather, operations, maintenance, or other issues could force cancellations of previously scheduled training events. In the event that a cancellation is anticipated greater than 2 hours prior to the scheduled time, and notice is given to the Contractor, no cost will be incurred by the Government for that scheduled training event. If cancellation occurs due to operations, weather and/or maintenance conflicts within 2 hours of the previously agreed upon start time of a training event, the Government agrees to pay the cost of the initial hour of the training event that is cancelled. The Air Station Flight Schedules Officer, Operations Duty Officer, or Pilot scheduled for the training event will communicate the cancellation via email and/or cell phone, to the point(s) of contact provided

70Z08421QB1701700 8 of 46 by the Contractor. If no answer or reply is received when an attempt is made, voice mail or email shall suffice for informing the Contractor of cancellation.

3.0 DELIVERABLES.

Deliverables Frequency Number of Copies, and to Whom

Dates Required

Incident Report in accordance with Section 2.4

As needed Two, Contracting Officer and Government Representative

Within two (02) hours of the incident

Operational Log in accordance with section 2.9

Bi-weekly One, Government Representative

Within three (03) days of the previous operational period’s end

Name(s), telephone number and address of the point(s) of contact in accordance with Sections 2.15 and 4.2

As needed Two, Contracting Officer and Government Representative

Provide initial list with quote

Certification of Insurance as required by FAR 52.228-5 and HSAR 3052.228-70

Annually One, Contracting Officer

Within five (05) days after contract award and upon renewal

Liability Insurance in accordance with Section 4.7

As revised One, Contracting Officer

Within five (05) days after contract award and upon renewal

Background Investigations in accordance with Section 4.6

As needed One, Contracting Officer

Before placement of employee

Licenses and Permits in accordance with Section 4.4

As needed One, Contracting Officer

With quote and upon renewal

Contract Discrepancy Report Form As needed One, Contracting Officer

Within three (03) days after receipt of form

4.0 PERSONNEL QUALIFICATION REQUIREMENTS.

4.1 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.

4.2 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 (8:00AM to 4:00PM 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 Government Representative with the quote.

4.3 CREW. Minimum vessel crew shall consist of a 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 operating and maneuvering the vessel during helicopter hoist operations and for aerial delivery equipment pickup as well as any required rescue operations. The training vessel shall also be able to accommodate at least one Coast Guard member during certain designated training situations.

4.4 MASTER/CAPTAIN. The 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 (06) passengers, and shall be qualified in CPR.

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4.5 DECKHANDS. The deckhands shall be knowledgeable in boat operations and water recovery of personnel and dropped gear.

4.6 BACKGROUND INVESTIGATION Individuals employed by the contractor must be vetted through the USCG Base Kodiak Police Department and valid RAPIDGate® credential must be obtained prior to employee placement.

4.7 LIABILITY INSURANCE. The Contractor is responsible for ensuring they have adequate liability insurance coverage under FAR provisions 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. This insurance shall be provided with the Contractor’s quote.

4.8 ORIENTATION BRIEFING AND TRAINING. The Government shall provide an orientation brief and initial training for key Contractor personnel prior to the contract start date and annually thereafter. The orientation and training will include, at a minimum, safe boating practices, vessel hoisting operations, rescue swimmer operations, dewatering pump delivery operations, training equipment, and helicopter familiarization.

5.0 ADMINISTRATION.

5.1 PERFORMANCE EVALUATION MEETINGS. The Contractor’s project manager shall be available to meet with the Government Representative (LT Kevin Shanahan, email: Kevin.P.Shanahan@uscg.mil) up two times per month for the first two months of the contract to discuss performance problems and review the Contractor’s corrective actions as needed. The monthly operational log provided by the Contractor as well as the Government’s helicopter activity records 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 activities, the frequency of not fulfilling the scheduled requirements may be the basis for a deduction in the charter hire. Meetings will be held thereafter at intervals to be established by the Government Representative.

5.2 NOTICE TO PROCEED. The Contractor must be available to start work within 10 days following contract award. All work shall be done in accordance with the Statement of Work.

5.3 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.

5.4 INVOICING FOR SERVICE: The unit price for this requirement shall only include the cost for a standard training block and ½ training block. The standard training block will be ONE (1) hour of contract vessel on scene time, not transit time to/from the training site to the contractor’s dockage/moorings. A ONE-HALF (½) hour training block is 30 minutes. Any training time used after the initial one hour training session will be billed in 30 minute intervals. Example: A session of 1 hour and 10 minutes will be billed as 1.5 hours. A session that is 1 hour and 35 minutes will be billed as 2 hours. As a result, the contractor will only be paid for the actual training blocks used under this contract. Example: 600 training blocks are projected for the year, but only 550 are used. The Government is NOT obligated to pay the remaining 50 blocks.

5.4.1 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.

5.4.2 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 training boat or Air Station Kodiak Operations Center contacts the vessel to notify them that training has ceased.

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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

70Z08421QB1701700 13 of 46 for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

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. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

ADDENDUM TO FAR CLAUSE 52.212-4; the following paragraphs are added to the clause.

(w) Contractor’s Releases.

The Government may require the Contractor to complete Contractor’s Releases (DHS Form 700-3 or an equivalent form) at the completion of the contract and/or each order.

(x) Contractor Performance Evaluations.

(1) In accordance with FAR Subpart 42.15, Contractor Performance Information, the Contractor's performance may be evaluated throughout the contract (and task/delivery order) period of performance. The results will be compiled and reported in a Contractor Performance Report for use by this agency and other government agencies for future source selection decisions. The report will be compiled jointly by the Contracting Officer's Representative (COR) and the Contracting Officer. The Contracting Officer will forward the report to the Contractor for comments. In the case of a contract with option years, interim reports will be completed.

(2) The areas to be evaluated include, but are not limited to: Quality of Product or Service, Schedule, Cost Control, Business Relations, Management of Key Personnel, and Utilization of Small Business.

(3) Each area may be evaluated using the following scale: Exceptional, Very Good, Satisfactory, Marginal and Unsatisfactory.

(4) The Contractor Performance Assessment Reporting System (CPARS) may be used for all performance evaluations. Copies of the reports will be maintained in the CPARS database and in hard copy in the official contract file.

(5) The results of the report will be provided to the Contractor who will be given a period of thirty (30) days to review and provide comments. All comments will be considered by the Contracting Officer and reviewed in accordance with FAR 42.1503. The report will be marked "Source Selection Information" and safeguarded ‘for official use only’ in accordance with Federal Acquisition Regulation Part 3.104. Since there is a limitation of 2000 characters for each area evaluated, there may be an occasion that all evaluations and comments be manually addressed and maintained in the official contract file. If this is the case, each area will be annotated to contact the cognizant Contracting Officer for all evaluation documentation.

(End of clause)

(y) FAR Clause 52.203-17: Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of…