70Z08421QBB109300 RFQ.pdf

COMBINED SYNOPSIS/SOLICITATION NUMBER: 70Z08421QBB109300

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 May 14, 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 (May 04, 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 Atlantic City, NJ 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 400 Training

Blocks

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

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

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

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

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: 400 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 June 17, 2021

COMPLETE: June 16, 2026 (Base Year with four (4) one-year options)

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

1.0 GENERAL: The U.S. Coast Guard Shore Infrastructure Logistics Center (SILC) is acquiring vessel or vessels to support the Aviation Training Program at the U.S. Coast Guard Air Station Atlantic City, NJ. 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 with Air Station Atlantic City. For the purposes of the Statement of Work, the evolution type discussed will be performance requirements necessary to support helicopter hoisting operations.

1.1 BACKGROUND: U.S. Coast Guard Air Station Atlantic City’s mission is to maintain aircrew proficiency by conducting helicopter hoists of equipment to and from underway vessels, helicopter delivery and recovery of rescue swimmers, and aerial delivery of dewatering pumps and other equipment to the water. These skill sets require both initial and proficiency training for Coast Guard pilots and aircrews. In the past, this requirement was fulfilled using Coast Guard small boats and patrol boats. The U.S. Coast Guard’s increased operations 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 shall provide and operate a vessel or vessels that will be required to support helicopter hoisting and aerial delivery evolutions by Air Station Atlantic City.

1.3 OBJECTIVE: Provide a hoisting platform which is capable of having, rescue devices, pumps, and personnel lowered to the fantail of the vessel while both underway and adrift from a helicopter.

1.4 APPLICABLE DOCUMENTS

1.4.1 Compliance Documents: The following documents provide specifications, standards, or guidelines that must be complied with in order to meet the requirements of this contract:

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 (R

CRA)

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

1.4.2 Reference Documents:The following documents may be helpful to the Contractor in performing the work described in this document:

Title Description CGTTP 3-91.26 Helicopter Hoisting for Non-Flight Deck Vessels Tactics, Techniques, and

Procedures (TTP)

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2.0 SPECIFIC REQUIREMENTS/TASKS

2.1 TASK ONE: Underway Hoisting

The contractor shall receive rescue devices or personnel lowered to the fantail of the vessel while making way at 10 knots from a helicopter overhead. The devices will be lowered either directly onto the fantail or with a trail line.

2.2 TASK TWO: Dead in the Water Hoisting

The contractor shall receive rescue devices or personnel lowered to the fantail of the vessel while dead in the water from a helicopter overhead. The devices will be lowered either directly onto the fantail or with a trail line.

2.3 TASK THREE: Swimmer Operations

The contractor shall act as a cover asset while a helicopter is conducting persons in the water operations, they shall keep visual contact with the training operation, and be ready to recover some or all of the helicopter crew from the water in the event of a crash or left swimmer.

2.4 TASK THREE: Approaches to the water

The contractor shall act as a cover asset while a helicopter is conducting approaches to the water, they shall keep visual contact with the training operation, and be ready to recover some or all of the helicopter crew from the water in the event of a crash.

3.0 CONTRACTOR PERSONNEL

3.1 QUALIFIED PERSONNEL: The Contractor shall provide qualified personnel to perform all requirements specified in this SOW. All contractor personnel are required to be U.S. citizens or legal residents of the United States, at least 18 years old, and able to read, write, and speak English fluently.

3.2 CONTINUITY OF SUPPORT: The Contractor shall ensure that the contractually required level of support for this requirement is maintained at all times. The contractor shall provide a point of contact that shall be available to discuss work performed under this contract during the normal working day (8:00 AM to 4:00 PM local time) and during periods of underway time. The point of contact shall be able to read, write, and speak English fluently. The name(s), telephone numbers and address of the point of contact shall be provided to the Contracting Officer and COTR with the proposal.

3.3 KEY PERSONNEL: 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 one Coast Guard member during certain designated training situations. Before replacing any individual designated as Key by the Government, the Contractor shall notify the Contracting Officer Representative no less than 15 business days in advance, All substitutes shall possess qualifications equal to or superior to those of the Key person being replaced, unless otherwise approved by the Contracting Officer Representative. The Contractor shall not replace Key Contractor personnel without approval from the Contracting Officer Representative. The following Contractor personnel are designated as Key for this requirement. Note: The Government may designate additional Contractor personnel as Key at the time of award.

3.3.1 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 passengers, and shall be qualified in CPR.

3.3.2 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.

3.4 ORIENTATION & TRAINING: The government shall provide an orientation brief and initial training for key contract personnel no later than 1 week prior to the contract start date. The orientation and trainings will include at a

70Z08421QBB109300 6 of 46 minimum safe boating practices, vessel hoisting operations, rescue swimmer operations, and dewatering pump delivery operations, etc. This orientation and training shall take place annually throughout the contract, and shall be given to any replacement personnel as coordinated by the Contract Officer Representative.

4.0 OTHER APPLICABLE CONDITIONS

4.1 SECURITY: Only employees with an affirmative background investigation, certified by the contractor, shall be employed under this contract. An affirmative background investigation must be documented and provided to the Contracting Officer before placement of any personnel. At a minimum, background investigations shall include: a criminal investigation, including convictions of domestic violence, child abuse and drug offenses. Contractor shall not employ any employees under this contract who have been convicted of a felony, a General Courts Martial conviction, discharges from the Armed Forces with “Other Than Honorable Conditions Discharge,” or adjudicated mentally incompetent. All employees must be U.S. citizens or resident aliens with work permits.

Affirmative Background Investigation Documentation: The contractor shall require each employee to complete and sign a SF-85, “Questionnaire for Non-Sensitive Positions and Authorization for Release of Information: (online at http://www.opm.gov/forms/pdf_fill/SF85.pdf). The contractor shall forward a completed copy of the SF-85 along with an affirmative background investigation statement described below for each employee. Background investigations shall be at the contractor’s expense. Only viable resources shall be used to conduct background investigations, e.g.: National law Enforcement Telecommunications System (NLETS); Federal, State and Local criminal justice investigation services; Department of Motor Vehicles; Federal and State Departments of Justice, etc.

If background investigations are to be conducted as part of the State-licensing program, certification must include the results of the investigation and the areas considered in the background investigation. Upon conclusion of an affirmative background investigation, the contractor shall certify in writing which resources were used to conduct the investigation and the employee meets all the requirements of this paragraph.

The requirements office anticipates the following:

Check Applicable Box

Tier Investigation

Risk Form

1 Low Risk, Non-Sensitive, Physical/Logical Access (HSPD-12 Credentialing)

SF85

4.2 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 proposal.

4.3 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 38 feet and no longer than 50 feet

● Have a beam of no less than 11 feet and no greater than 16 feet

● Have a gross vessel weight of at least 10 tons

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

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

● Must 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 a basket lowered from the helicopter. Deck area must be free of all obstructions.

● Must be capable of maintaining of heading of +/- 10 degrees at a speed of between 5-10 knots for a period of 1 hour while operating under a large helicopter producing 90 knots of rotor downwash in varying sea states and winds.

http://www.opm.gov/forms/pdf_fill/SF85.pdf

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4.4 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 10 knots transit speed for minimum of 3 hours; 15 knots for 3 hours is desired.

4.5 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 Atlantic City 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. In air temperatures between -2 degrees C to 0 degrees C (28 degrees F to 32 degrees F), the crew must be able to operate for 30 minutes then receive 15 minutes of “warm up” in the heated cabin before resuming training exercises.

4.6 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.

4.7 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 manufacturers 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 COTR and Contracting Officer within two (2) hours of any incident.

4.8 REQUIRED DOCKING/MOORING: The contractor will also 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, see paragraph 4.12, Area of Operations.

4.9 SCHEDULING OPERATIONS: The flight schedule of a unit the size of Air Station Atlantic City is dynamic and specific flights cannot be forecast 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, 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., 0830, 1330) that helicopters 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 days per week; however, the Contractor shall be available for operations Sunday through Saturday (7 days per week) from 8:00AM to 1:00AM. Operations will typically be conducted for periods of 1 hour to 6 hours in duration, and may be scheduled multiple times per day (e.g., a morning block and a night block on the

70Z08421QBB109300 8 of 46 same day). However, operations shall not exceed 12 hours in any 24-hour period. The Contractor is responsible for advising the Government when the operations are approaching the maximum 12-hour operational period inclusive of transit time to and 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. The Contractor may be notified of these situations when possible.

4.10 PRIOR TO OPERATIONS: Prior to departing the dock for any training event, the Contractor shall contact the Air Station Operations Center one hour prior 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 scheduled time. The contractor shall be responsible for ensuring the boat crew has a minimum of 10 hours rest from the final mooring time of the previous day to the first time the vessel gets underway for the current day.

4.11 AREA OF OPERATIONS: The contract vessel(s) shall be homported/moored in area located no greater than 20 nautical miles from Atlantic City. The area of operations shall encompass a 10 nautical mile radius from the contracted vessel(s) homeport to include 10 nautical miles seaward.

4.12 OPERATIONAL LOG: The contractor shall maintain a log of all operations, which include dates, locations, times, duration and type of evolutions being performed. The log shall be sent to the Air Station Atlantic City COR within 3 days of the previous operational month’s end.

4.13 WEATHER CRITERIA: The minimum weather for completing the work shall be 500-2 (cloud ceilings greater than 500’ with a minimum of 2 statute miles of visibility), unless evaluated and waived by the Atlantic City Operations Officer. Winds shall not exceed 40 knots sustained, or gust-spreads no greater than 20 knots. The contract vessel must be capable of completing training requirements in sea states of up to 6 feet. The minimum temperature training limit for boat hoisting is 28° F/-2° C, which is able to be waived at the Contractor’s discretion.

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

4.14 FUNCTION/TASK: 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 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 for both initial training for new aviators/aircrew, as well as proficiency training for experienced aviators/aircrew.

The area shall include the waters extending out 5 nautical miles from the shoreline. The Contractor will be required to provide support services five days per week, but should be available based on a 7-day work week for a period of 50 weeks per year, totaling 250 working days per year.

4.15 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 Operations Center.

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

4.17 CANCELLATION POLICY: Operations, maintenance, or other issues could force cancellations of previously scheduled training events. In the event that a cancellation is anticipated with greater than 24 hours prior to the scheduled time and notice is given to the contractor, no cost will be incurred by the Coast Guard for that mission. If cancellation occurs due to operations and/or maintenance conflicts with less than 24 hours from the previously agreed upon start time of a training event, the Coast Guard agrees to pay 50% of the cost of the initial one hour training event which is cancelled. If the cancellation is due to weather, no cost will be incurred by the government provided notice is given 12 hours or more prior to the scheduled training event. If cancellation due to

70Z08421QBB109300 9 of 46 weather is received with less than 12 hours prior to the scheduled training event, the Coast Guard agrees to pay 50% of the cost of the initial one hour training event. 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 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.

4.18 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.

4.19 TRAVEL: Contractor travel shall not be required for this requirement.

4.20 POST AWARD CONFERENCE: The Contractor shall attend a Post Award Conference with the Contracting Officer and the COR no later than 15 business days after the date of award. The purpose of the Post Award Conference, which will be chaired by the Contracting Officer, is to discuss technical and contracting objectives of this contract and review the Contractor's draft project plan. The Post Award Conference will be held at the Government’s facility, located at faa Technical Ctr BLDG 350, Atlantic City International Airport, Egg Harbor Township, NJ 08234 or via teleconference.

4.21 PROGRESS REPORTS: The contractor will provide monthly operational logs which 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.

4.22 GENERAL REPORT REQUIREMENTS: The Contractor shall provide all written reports in paper or electronic format with read/write capability using applications that are compatible with DHS workstations (Windows XP and Microsoft Office Applications).

5.0 GOVERNMENT FURNISHED RESOURCES: The Government will not furnish any resources to the Contractor in support of this contract.

6.0 CONTRACTOR FURNISHED PROPERTY: The Contractor shall furnish all facilities, materials, equipment and services necessary to fulfill the requirements of this contract, except for the Government Furnished Resources specified in SOW 2.0 and SOW 5.0.

7.0 GOVERNMENT ACCEPTANCE PERIOD: The COR will review deliverables prior to acceptance and provide the contractor with an e-mail that provides documented reasons for non-acceptance. If the deliverable is acceptable, the COR will send an e-mail to the Contractor notifying it that the deliverable has been accepted.

7.1: The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the specific reasons for rejection. The Contractor may have an opportunity to correct the rejected deliverable and return it per delivery instructions.

7.2: The COR will have 15 business days to review deliverables and make comments. The Contractor shall have 15 business days to make corrections and redeliver.

7.3: All other review times and schedules for deliverables shall be agreed upon by the parties based on the final approved Project Plan. The Contractor shall be responsible for timely delivery to Government personnel in the agreed upon review chain, at each stage of the review. The Contractor shall work with personnel reviewing the deliverables to assure that the established schedule is maintained.

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8.0 DELIVERABLES: The Contractor shall consider items in BOLD as having mandatory due dates. Items in italics are deliverables or events that must be reviewed and/or approved by the COR prior to proceeding to next deliverable or event in this SOW.

ITEM SOW

REFERENCE DELIVERABLE / EVENT DUE BY

DISTRIBUTION

1 4.7 Incident Report following a reportable incident 2 hours after the incident Contracting

Officer and COR

2 4.13 Operational Log 3 business days after the operational period

COR

3 3.2 Name(s), telephone number and address of the point of contact With Quote Contracting

Officer and COR

4 4.2 Certification of Insurance as required by FAR 52.228-5 and

HSAR 3052.228-70

5 days after award of the contract and upon renewal

Contracting Officer

5 4.2 Liability Insurance 5 days after award of the contract and upon renewal

Contracting Officer

6 4.1 Background Investigations Before Placement of Employee

Contracting Officer

7 3.3.1 Licenses and Permits With quote and upon renewal or before placement of employee

Contracting

Officer

8 Contract Discrepancy Report Form

Within three (3) says after receipt of form

Contracting Officer

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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

70Z08421QBB109300 14 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…