70Z08518RP4577800 USCGC MELLON DS18.pdf

70Z08518RP4577800 Page 1

USCGC MELLON DS18

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard to issue solicitations and make contract awards in a fair and timely manner. Parties who believe a specific procurement is unfair or otherwise defective are encouraged to use the Coast Guard Ombudsman Program for Agency Protests (OPAP), rather than filing a protest with the Government Accountability Office (GAO) or other external forum. The OPAP is designed to resolve contractor protests in a faster, less expensive manner. Concerns of interested parties can be resolved through independent, government binding adjudication taking place outside the procuring activity's chain of command.

How do I file an agency protest?

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal Forum Interested parties should first direct their concerns to the responsible contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the OPAP. Under this informal process, the agency is not required to suspend contract award performance. In order to ensure a timely response, interested parties should provide the following information: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, the protester may file a formal agency protest with the contracting officer or the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined to be in the best interest of the government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. If the protester fails to submit the required information, as outlined in Federal Acquisition Regulation (FAR) 33.103, resolution of the protest may be delayed or the protest may be dismissed. To be timely, protests must be filed within the period specified in FAR 33.103(e).

Protests filed under the OPAP program should be submitted to:

Department of Homeland Security United States Coast Guard (CG-91) Ombudsman Program for Agency Protests Email: OPAP@uscg.mil

For questions pertaining to the OPAP program, please contact the Ombudsman hotline at 202- 372-3695.

70Z08518RP4577800 Page 2

Courtesy Checklist for Items Due with Solicitation

Signed SF1449 . Don’t forget to fill-in your information; such as, address and DUNS number.

Signed SF30 for each amendment issued.

Attachment 1, Price Schedule. Don’t forget to fill in the blank (i.e. ;___%) for CLIN O-00A.

Submit in excel format.

Fill-in all contract clauses as required. Compare what is required here with any clauses that were filled-out at the System for Award Management site, www.sam.gov, to make sure all clauses are accounted for.

HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES

FAR 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERICAL ITEMS

-ALTERNATE 1 ADDENDUM

FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS

HSAR 3052.209-79 - REPRESENTATION BY CORPORATIONS REGARDING A FELONY

CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW OR UNPAID FEDERAL TAX

LIABILITY (FEB 2014) (DHS FAR CLASS DEVIATION 14-02)

Past Performance Information per FAR Clause 52.212-2, “Evaluation- Commercial Items”.

70Z08518RP4577800 Page 3

Commander

U.S. Coast Guard Surface Forces Logistiques Center

SFLC-C&P2-LREPL

1301 Clay Street, Suite 800 N

Oakland CA 94612

REQUEST FOR PROPOSALS

70Z08518RP454577800

USCGC MELLON

DOCKSIDE REPAIRS FY2018

TABLE OF CONTENTS

TITLE PAGES

SF 1449, Solicitation/Contract/Order for Commercial Items Continuation of SF 1449 4-7

FAR 52.212-4 Contract Terms and Conditions-Commercial Items Addendum 8-25 FAR 52.212-5 Contract Terms and Conditions Required to Implement 25-33 Statutes and Executive Orders FAR 52.212-1 Instructions to Offerors Addendum 34-38 FAR 52.212-2 Evaluation-Commercial Items Addendum 38-43 HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates 43-45 FAR 52.212-3 Representations and Certifications-Commercial Items Alt I Addendum 45-67

Contract Documents/Exhibits and/or Attachments Price Schedule Attachment 1 Specifications Attachment 2 Request for Clarification Form Attachment 3 Government Property Report Attachment 4 Past Performance Questionnaire Attachment 5 Non-Disclosure Agreement Form Attachment 6

70Z08518RP4577800 Page 4

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 3/2011)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

70Z08518RP4577800

6. SOLICITATION

ISSUE DATE

06June2018

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Valerie Rivera-Chase

b. TELEPHONE NUMBER (no collect calls)

(510) 637-5972

8. OFFER DUE DATE/

LOCAL TIM

21June2018, 11:00 a.m. Pacific Time

9. ISSUED BY CODE 75174

USCG Surface Forces Logistics Center Attn: Valerie Rivera-Chase 1301 Clay Street, Suite 800N Oakland, CA 94612

E-mail: Valerie.S.RiveraChase@uscg.mil

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 %FOR:

SMALL BUSINESS WOMEN-OWNED SMALL

BUSINESS (WOSB)

HUBZONE SMALL NAICS:

BUSINESS ECONOMICALLY DISADVANTAGED 336611

WOMEN-OWNED SMALL (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8(A) 1250 Employees

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

Net 30

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Description of Supplies/Services

16. ADMINISTERED BY CODE

Same as block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

DUNS No.

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE

Commanding Officer USCG Finance Center 1430A Kristina Way Chesapeake, VA 23326

(800) 565-5504

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The Contractor shall perform DOCKSIDE Repairs to the USCGC MELLON in accordance with this solicitation and the specification, USCGC MELLON (WHEC 717) Specification for DOCKSIDE Repairs FY2018 (Rev-0, 02January2018), Attachment 2. Scope of work shall include ship repair and associated support work, and may include work that is not currently listed as Definite or Optional Items. Price Schedule is provided as a separate document (ATTACHMENT 1 – Price Schedule).

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 & 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN 1COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO

FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE _____

OFFER DATED___. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SINGATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

70Z08518RP4577800 Page 5

19.

ITEM

NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK

NUMBER

PARTIAL FINAL

38. S/R ACCOUNT

NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42 a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL

CONTAINERS

70Z08518RP4577800 Page 6

CONTINUATION OF SF 1449 – BLOCKS 17a - 25

(1) Block 17a: Contractor shall include DUNS number.

(2) Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in System for Award Management (SAM). To receive award Contractor must be registered in SAM at http://www.sam.gov .

(3) Block 19 through 24: SEE ATTACHMENT 1, PRICE SCHEDULE

(4) Block 25: ACCOUNTING AND APPROPRIATION DATA: To be included on contract award document.

DESCRIPTION OF WORK:

(a) The Contractor shall furnish all necessary labor, material, services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified, for the dockside of the USCGC MELLON in accordance with this solicitation and attached specifications (Attachment 2, Specifications).

(b) Failure to read the specifications in their entirety will not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work.

Failure to do so will be at the Offeror 's risk. All proposals submitted in response to this solicitation shall stand firm for 90 calendar days from the response date of this solicitation.

ALL CONTRACTORS ARE RESPONSIBLE FOR VERIFYING THE RECEIPT OF

THEIR PROPOSALS.

PROPOSAL SUBMITTAL PROCEDURES: An e-mailed proposal is the accepted form of submittal for the proposal. Please note that emails are restricted to 10MB in size. Faxed and mailed proposals will not be accepted. When submitting your proposal by email, please submit the electronic copy to Valerie.S.RiveraChase@uscg.mil using WinZip software.

All submissions shall include the solicitation number in the subject line of the email. The WinZip password shall be submitted under a separate email. Please Note: There is not a character length or mixed case requirement imposed on your password. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation.

PERIOD OF PERFORMANCE: The contract is expected to be awarded in late July 2018.

The anticipated awarded period of performance for the basic requirement will be 46 calendar days; 14August2018 thru 28September2018. The dates of performance will be definitized after source selection is complete on the dockside package for USCGC MELLON. An arrival conference will be held within 48 hours of the scheduled start date.

PLACE OF PERFORMANCE: Work under this contract will be performed at USCG Base Seattle at 1519 Alaskan Way S, Seattle, WA 98134.

70Z08518RP4577800 Page 7

ACCESS TO DRAWINGS AND TECHNICAL PUBLICATIONS: Follow the directions at FAR clause 52.111-3, “Availability of Specifications Not Listed in the GSA Index of Federal Specifications and Standards and Commercial Items Descriptions (JUN 1988)”.

There is a requirement for certification and the submittal of paperwork that is due before access will be granted to the drawings and publications as listed in the Consolidated List of References in the Specifications of this solicitation.

The Contractor is encouraged to expeditiously pursue the above certification and submittal of paperwork in order to meet the solicitation deadline for submittal proposals.

QUESTIONS: All questions to be submitted via email to Valerie.S.RiveraChase@uscg.mil using the Request for Clarification Form, Attachment 3. The last day to ask questions regarding this solicitation is 19June2018 at 10:00 a.m. Pacific Time. Questions submitted after the due date may not be answered in an amendment

CONTRACT TYPE: This solicitation will result in the award of a firm fixed price contract.

SCHEDULE OF SUPPLIES/SERVICES: See ATTACHMENT 1, PRICE SCHEDULE.

Utilize the attached electronic (MSExcel) “Price Schedule” for submission of all pricing on this procurement. Base Contract Line Item Numbers (CLINs) are marked as “D” for Definitive. Optional CLINS are marked “O” for Optional. Insert unit prices for all Items listed in the Schedule. Submit the MSExcel “Price Schedule” with your signed offer.

70Z08518RP4577800 Page 8

CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (Jan

2017) ADDENDUM

(1) FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Section or Branch Chief, CPD, C&P2, and shall not be binding until so approved.

(2) FAR 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED

LINE ITEM (MAR 1989)

The Government may require performance of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor at any time during the performance period. Performance of added work shall continue at the rate called for under the Contract, unless the parties otherwise agree.

(End of Clause)

(3) FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/browsefar .

FAR 52.203-12

Limitation on Payments to Influence Certain Federal Transaction (OCT 2010)

FAR52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY2011) FAR52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (NOV

2015) FAR52.211-6 Brand Name or Equal (AUG1999)

FAR 52.215-21

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data – Modifications(OCT2010)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995)

FAR 52.223-12

Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016)

70Z08518RP4577800 Page 9

FAR 52.227-14 Rights in Data -- General (MAY 2014) Alt IV (DEC 2007) FAR 52.228-5 Insurance -- Work on a Government Installation (Jan 1997) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

FAR 52.232-40

Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)

FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.242-2 Production Progress Reports (APR 1991) FAR 52.245-1 Government Property (JAN 2017) Alt I (APR 2012) FAR 52.245-9 Use and Charges (APR 2012) FAR 52.247-34 F.o.b. Destination (NOV 1991) HSAR 3052.205-70 Advertisement, Publicizing Awards, and Releases (SEP 2012) HSAR 3052.211-70 Index for Specifications(DEC 2003) HSAR 3052.217-91 Performance. (USCG) (DEC 2003) HSAR 3052.217-92 Inspection and Manner of Doing Work. (USCG)(DEC 2003) HSAR 3052.217-93 Subcontracts. (USCG)(DEC 2003) HSAR 3052.217-95 Liability and Insurance (DEC 2003) HSAR 3052.217-96 Title. (USCG)(DEC 2003) HSAR 3052.217-97 Discharge of Liens. (USCG) (DEC 2003) HSAR 3052.217-98 Delays. (USCG)(DEC 2003) HSAR3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair.

HSAR 3052.217-100 Guarantee. (USCG)(JUN 2006) HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract

Work(DEC 2003) HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC2003) HSAR 3052.222-90 Local Hire (JUN2006) HSAR 3052.223-70 Removal or Disposal of Hazardous Substances-Applicable Licenses and

Permits (“30 days after contract award”)(JUN 2006) HSAR 3052.223-90 Accident and Fire Reporting(DEC 2003) HSAR 3052.242-72 Contracting Officer’s Technical Representative.(DEC 2003) HSAR 3052.247-72 F.o.B. Destination Only.(DEC 2003)

(4) FAR52.252-6 - AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation (48 CFR Chapter 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

70Z08518RP4577800 Page 10

(5) VOLATILE ORGANIC COMPOUNDS (VOC) REGULATIONS

(a) Contractors are required to comply with federal, state and local VOC compliance laws and regulations.

(b) Contractors, therefore, must submit the following to the designated Port Engineer not later than two weeks after contract award:

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

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

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

(d) Contractors will submit the following to the designated Port Engineer not later than two weeks after contract award: Data Sheets (MSDS) documents, certificates, specifications or any other manufacturing data verifying the VOC ratings of paints to be applied to the Cutter in accordance with MLCA Standard Spec 63000N, Section 5.3.1.

(6) HAZARDOUS WASTE

Contractors performing dockside ship repair work at Government facilities are required to comply with FAR 52.223-3, Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I, the U.S. Coast Guard shipboard hazardous waste policy, as prescribed in COMDINST M16478.1B, and MLCA standard specifications. Disposal of all hazardous wastes shall be performed by the Contractor and the Contractor shall meet all federal and state requirements. The Contractor is also required to submit an acceptable hazardous waste management plan to the Port Engineer at the Arrival Conference. The plan will be reviewed by the facility hazardous waste manager. An acceptable plan must address, at a minimum, the following requirements:

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

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

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

(d) Waste collection and containment procedures;

70Z08518RP4577800 Page 11

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

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

All waste generated under the performance of this contract shall be disposed under Base Seattle’s EPA hazardous waste generator ID number. The Contractor shall notify the Contracting Officer's Representative (COR) 24 hours prior to any waste removals, and ensure that waste removals are conducted during normal business hours (0630-1500) on Monday through Friday (excluding holidays). All hazardous waste manifests shall be reviewed and signed by Base Seattle hazardous waste personnel. The point of contact for environmental issues is Ms Bobbie Battaglia, the Environmental Branch Chief at Base Seattle, (206) 217-6986 and/or Bobbie.L.Battaglia@uscg.mil. She is available Monday through Thursday (excluding holidays) from 0600-1400.

(7) ACCESS TO VESSEL

A reasonable number of officers, employees, and associates of the Government, or other prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission and access to the USCGC MELLON to perform and fulfill their respective obligations to the Government on a noninterference basis. Work hours for the vessel will be discussed at the Arrival Conference.

Any work performed outside of those hours will be allowed at the sole discretion of the Contracting Officer.

(8) INDEMNIFICATION FOR ACCESS TO VESSELS

Notwithstanding any provision in the "Access to Vessels" paragraph, or any clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other prime Contractors with the Government and their subcontractors, and officers, employees, and associates of Offeror on other contemplated work, admission and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.

(9) INSPECTIONS

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

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

70Z08518RP4577800 Page 12

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

(10) GROWTH WORK

(a) The Contractor shall not perform growth work without the Contracting Officer's authorization.

The Contracting Officer reserves the right to negotiate with the Contractor for growth work on the basis of a negotiated, firm, fixed price, when it is in the best interest of the Government.

If a within scope repair item is identified during performance for which a fixed price is not already established on the contract, the Contracting Officer and Contractor will negotiate a bilateral modification for incorporation into the contract as a supplemental agreement.

(b) The Contractor shall submit a price proposal for the non-prepriced items within scope for repair work, supported by a price breakdown itemized as required by the Contracting Officer, directly to the Contracting Officer. The breakdown shall permit an analysis of all materials, labor, equipment, subcontract, overhead costs, and profit covering all work involved in the change/modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the proposal includes a request for a time extension, justification shall be furnished with the proposal.

(c) Proposed labor rates for any growth work modification shall comply with the clause COMPOSITE LABOR RATE incorporated into the contract. Material shall be best commercial quality available except where a precise specification is indicated in which case the specification shall apply, e.g., MILSPEC, FEDERAL SPEC. The Contractor is required to have and/or furnish all tools and equipment incidental to each bench trade at no cost to the Government. Standard shop supplies such as wiping rags, hacksaw blades, sandpaper, welding wire, helium, etc., are also to be furnished by the Contractor at no cost.

(11) COMPOSITE LABOR RATE

The composite labor rate offered shall be the sole labor hour rate used to price the Prime Contractor's direct labor hours for contract changes, including growth work. The Contractor shall not receive any compensation in addition to this rate for the Prime Contractor's direct labor associated with such changes under this contract.

(a) The composite labor hour rate shall represent total compensation for the following:

(1) direct labor wages and salaries;

(2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;

(3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;

70Z08518RP4577800 Page 13

(4) all indirect costs such as overhead and general and administrative expense;

(5) any port or association fees, rents, or other levies;

(6) profit (fee); and

(7) all direct and indirect costs and profit associated with the following support functions:

Supervision Quality Assurance Planning Engineering Surveyors Worker Transit Time Material Handling Testing Cleaners Guards Estimating Contract Administration Transportation Drivers

These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated.

(b) For materials and subcontractor costs the percentage may include the Prime Contractor’s general & administrative, overhead and profit rates. This inclusive mark-up/loading rate shall be used for all change requests.

(12) DISCOVERIES AND CHANGES TO CONTRACT:

Condition Found Report, and Change Requests will be transmitted electronically by using email.

The bullets below display the process of how these documents are to be followed for the duration of the contract performance period:

(a) Condition Found Report (CFR) - All readings and inspections are to be taken within 24 hours after the machinery or system is opened. All reports of reading and inspections required by the specifications shall be submitted to the COR in writing using a "Condition Found Report (CFR)" form, within 24 hours after the readings and/or inspections are made.

Promptness in taking and reporting readings is particularly important for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the Contractor which are considered abnormal for reasons of safety, expected reliability, health, or habitability. These conditions must be brought to the attention of the Coast Guard using a CFR. Details provided by the Contractor in a CFR are important because the CFR may result in a contract change. To speed the contract change progress, the Contractor should include in his/her CFR the following details as a minimum:

(i) A sequential number.

(ii) The contract item which the "CFR" relates to.

(iii) A clear statement, definition, and description of the condition found, including but not limited to frame numbers, part numbers, materials and dimensions as appropriate.

(iv) A proposed or recommended repair to correct the defective condition.

(v) Indicate whether the report requires Cost Guard action, or if it is provided "for info"

70Z08518RP4577800 Page 14 only. If action is required, indicate the response time required by the Coast Guard and whether or not a contract extension would be needed if the additional work is authorized.

(vi) A space on the form for the Coast Guard to make comments.

(vii) All CFR's shall be dated, submitted, and signed by a representative of the Contractor. Contracting Officer’s Representative (COR) will respond to the Contractor’s within 24 hours of receiving a Condition Found Report. A copy of ALL condition found reports shall be retained in the Cutter’s file.

(b) Change Request Process:

1. Condition Found Report-Generated by the Contractor and provided to COR .

2. Condition Report Reply-Generated by the COR and provided to Contractor

3. Change Request- CR and IGE are generated by the COR and entered in the Contract Workbook. COR will assign the Change request number.

4. COR provides copy of Change Request to the Contractor

5. Contractor’s Proposal- Provided to the KO for the identified tasking on CR

6. Negotiations- If needed, take place to establish pricing

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

The Change Request must be submitted by the COR to the Contractor within 24 hours after responding to the CFR. Contractor must submit proposal to the Contracting Officer within 72 hours receipt of the Change Request.

A modification will be issued to incorporate and implement all changes made by Change Requests.

(13) MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT

PROPERTY IN THE PERFORMANCE OF A SHIP REPAIR CONTRACT

1. The Government Property Clause incorporated by reference delineates the Contractor's overall responsibility when taking possession of government property in performance of a contract. In performance of this contract the Contractor is required to properly identify, track and control property within its possession. This includes, a) property furnished by the government (GFP) to the Contractor in conjunction with specific CLIN Items, these items and their values are listed in the specification; and, b) property that is pre-existing in a location that during the course of performance shall be replaced or renewed.

2. The items listed in the specification, as government furnished property shall be provided in the quantities designated. Government furnished property may be provided in person by an official Coast Guard employee, shipment via commercial carrier, etc. The Contractor shall sign for all government furnished property using either a DD Form 1149, entitled, “Requisition and Invoice/Shipping Document” or a DD Form 1348, entitled, “Issue Release/Receipt Document”. A copy of the DD 1149 or DD 1348 must be sent within 48 hours of receipt of property, to the designated Government Property Administrator. The name of the individual assigned as Property Administrator will be furnished to the Contractor at time of award. The Contractor shall not take receipt of property that is not listed in the

70Z08518RP4577800 Page 15 specification, has not been previously identified as becoming part of the contract (via contract modification) or which otherwise cannot be identified. Such irregularities shall be immediately reported to the Property Administrator.

3. The Contractor shall complete the report provided herein, entitled, “Government Property Report” (Attachment 4, Government Property Form). This report is intended as a living document whereby relevant fields shall be filled in, maintained and kept current at all times. All property described in paragraph 1 (a and b) above shall be reported on the report. At contract completion the Contractor and the Property Administrator shall ensure that all fields are appropriately completed. A signature block is provided at the end of the report for both parties to attest to the report's accuracy and completeness. The Government Property Report shall clearly delineate the complete track that all Government property took over the course of the contract. This completed report must accompany the Contractor's final invoice. Final payment may be delayed, without penalty of interest, until such time as the report is received. A separate copy of the completed report and any final DD 1149s or DD 1348s executed, as a result of carrying out disposition instructions shall be provided to the Property Administrator.

4. Pursuant to the Government Property Clause the authority to render disposition instructions of Government property associated with this contract is delegated to the Property Administrator.

The Contractor shall comply with all instructions in the contract for the return of government property to the Coast Guard. This includes government property taken off the vessel (shafts, propellers, etc.), government property returned to the vessel (special tools, etc.) or surplus government property not used during performance of the contract.

(14) INSURANCE – WORK ON A GOVERNMENT INSTALLATION

a. The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required by this Clause as follows:

TYPE AMOUNT

1) Workman's Compensation and Employer's Liability (including Federal Longshoremen .and Harbor Worker's Insurance)

As legally required by the State wherein the work is being performed.

2) Comprehensive General Liability Insurance (including vessel liability reference HSAR 3052.217-95)

Personal Injury Liability:

$1 million per person $1 million per occurrence

Property Damage (may be included in general aggregate limits or combined single unit coverage) $1 million per occurrence

70Z08518RP4577800 Page 16

3) Automobile Liability Personal Injury Liability:

$1 million per person $1 million per occurrence

Property Damage (may be included in general aggregate limits or combined single unit coverage):

$1 million per occurrence

4) If single general aggregate limits or combined single unit coverage is obtained for General Liability and/or Automobile Liability coverage, minimum amounts shall be the sum of the personal injury and property damage coverage required above. Umbrella Form Excess Liability insurance coverage shall be added to general liability and automobile liability coverage to determine if minimum insurance limits are met.

b. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

c. As evidence that it has obtained the insurance specified in paragraph (a) of this clause, the contractor shall furnish the Contracting Officer with a certificate or certificates executed by an agent of the insurer authorized to execute such certificates. Such certificates shall be furnished prior to commencement of the work. Each certificate shall state that (name of insurer) has insured (name of contractor) awarded contract number (to be determined at time of award) for repair/alteration of applicable USCG ship in accordance with the Liability and Insurance clause and the Insurance Requirements clause contained herein.

d. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

e. "Government Installation" for this clause includes government vessels.

(15) SECURITY REQUIREMENTS

A. For access to USCG Base Seattle the Contractor shall have RAPIDGate credentials, Transportation Worker Identification Credentials (TWIC), or NCIC/III check completed. If the Contractor chooses to enroll in RAPIDGate for base access privileges information on this program can be found at www.rapidgate.com or by calling the RAPIDGate program at 1-877-

70Z08518RP4577800 Page 17

727-4342 . Please note that all costs associated with registration and participation in the RAPIDGate Program is at the sole expense of the Contractor.

If the Contractor does not have RAPIDGate credentials, then those personnel that need access to the base, such as on-site personnel, including sub-contractors (including second and third-tier subcontractors) and suppliers, shall obtain TWIC identification and/or have an NCIC/III check completed. Please note that all costs associated with an NCIC/III check or obtaining TWIC identification is at the sole expense of the Contractor

Vendors, Contractors, subcontractors, suppliers and service providers who choose not to enroll in the RAPIDGate program and are cleared through NCIC/III shall be limited to Base Seattle's Core or "Default" hours of 0730 to 1530. In cases where a NCIC/III check is not practical or possible, or the Contractor does not possess TWIC identification, the Contractor/vendor must either present an acceptable form of identification, or have their identity verified by an authorized sponsor/escort, and be escorted at all times.

Please contact the Contracting Officer’s Representative, CWO3 Justin Creel, at (206) 217-6591 or (510) 209-4065 for additional information and processes on base access protocols.

B. The Contractor shall provide a list of all on-site personnel, including sub-contractors (including second and third-tier subcontractors) and suppliers, with their access privileges to Contracting Officer’s Representative eight (8) calendar days before on-site work is to commence. The Contractor shall update this list when changes occur.

C. Contractor personnel not listed may be denied access to the Coast Guard facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the Coast Guard facility. Contractor personnel shall have photo identification at all times while working on Coast Guard facilities.

D. Contractor and delivery personnel may be required to present personal photo identification to gain access to a Coast Guard installation. If identification does not indicate United States citizenship, Coast Guard Security may require proof of the legal right to work in the United States. Contractor and delivery personnel also may be subjected to an immigration status and outstanding criminal warrants check.

E. Contractors shall provide the Contracting Officer's Representative with 24 hours advance notice of every delivery to the site (e.g., concrete, lumber, parts, etc.) and provide the company name, delivery person, and phone number of the firm(s) making deliveries. All vehicle access to government property requires vehicle registration and proof of liability insurance. Otherwise access to the Coast Guard facility may be denied.

(16) CONTRACTING OFFICER’S AUTHORITY

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains

70Z08518RP4577800 Page 18 solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

(17) CONTRACTOR PERFORMANCE EVALUATION

(a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offerors past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.1502. All information contained in this assessment may be used, within the limitations of FAR 42.1502, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the contract, the Contractor will be notified of the assessment. The Contractor will be allowed 60 days to respond to the SFLC’s assessment of its performance entered into CPARS. The Contractor’s response, if any, will be made part of the CPAR system.

(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the Contractor’s record of conforming to contract requirements and to standards of good workmanship; the Contractor’s record of forecasting and controlling costs; the Contractor’s adherence to contract schedules, including the administrative aspects of performance; the Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the Contractor’s record of integrity and business ethics, and generally, the Contractor’s business-like concern for the interest of the customer.

(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the Contractor.

(18) METHOD OF PAYMENT AND INVOICING INSTRUCTIONS

INVOICE SUBMISSION PROCESS:

1. The Contractor shall prepare a proper invoice IAW FAR clause 52.212-4, and in addition to the information required by FAR 52.212-4(g) as cited in the contract. All invoices shall be itemized to correlate to the Price Schedule.

(A) The Government will make payment under this contract based on a percentage or stage of completion. The Contractor may invoice each contract line item (CLIN) as work progresses. The amount invoiced shall be calculated based on those prices stipulated in the contract Schedule of Supplies/Services as follows:

70Z08518RP4577800 Page 19

(B) A CLIN may not be invoiced until the percentage complete reaches twenty (20) percent.

Future invoices for that CLIN have no limitation as to the percentage of completion required before invoicing. (The minimum percentage of completion (20%) to be reached prior to billing each CLIN may be waived by the Contracting Officer on a case by case basis for large dollar CLINS.) Invoices shall be accompanied with the COR signed weekly progress report.

(C) The Contractor shall invoice no more than twice per calendar month and no sooner than 14 calendar days from the date of the first or previous invoice when entered for payment at U.S. Coast Guard Finance Center website.

(D) 10% of the total contract price will be withheld as retainage. The Contractor shall withhold 10% of each submitted invoice’s total invoice amount until the Guarantee period has expired and all deliverables, required by the contract, are received and accepted by the USCG.

(E) The Contractor shall request for release of retainage via a separate invoice from billable work (i.e., billing against CLINs). Release of retainage may be requested after all deliverables, required by the contract, are received and accepted by the USCG and the Guarantee period has ended.

(F) Only work that has been awarded at time of contract award and/or added via modification to the contract may be invoiced for.

(G) In addition to the information required by FAR 52.212-4 (g) Invoices shall include:

1) Contract Number, Delivery Order/Task Order Number, DOC Number

2) Name and Address of the Contractor

3) Invoice Number and Invoice Date

4) DUNS Number

5) Name of the Contract Specialist and Contracting Officer’s

6) Invoice Routing Code (IRC): SFLC-2

7) Indicate Small Business Status

8) Indicate if Final Invoice for contract- The Contractor’s final invoice submitted under the contract shall be marked as follows: THIS INVOICE CONSTITUTES

THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE NO OTHER

MONIES ARE DUE UNDER CONTRACT NUMBER (list number here that will be assigned upon contract award).

9) The percentage of completion for each CLIN identified;

10) Vessel name

11) The overall percentage and dollar amount previously billed, currently billed and unbilled,

12) Shipping and Payment Terms

13) Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice.

70Z08518RP4577800 Page 20

All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment.

2. The Contractor shall provide the invoice to Valerie.S.RiveraChase@uscg.mil , Contract Specialist/Officer, for review and approval before submission to COR.

3. After Contract Specialist/Officer’s review, the Contractor shall forward invoice to the Contracting Officer’s Representative (COR), for review and signature for progressed billable work accomplished to date. The COR is CWO Justin Creel at justin.r.creel@uscg.mil.

4. The COR will review and verify invoices, sign the invoice, and return the invoice to the Contractor.

5. The Contractor shall complete the Contractor Invoice Submission Form (sample below).

6. The Contractor shall submit the Contractor Invoice Submission Form, a PDF file of the invoice, and any necessary documents for supplies or services via the U.S. Coast Guard Finance Center website at:

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

70Z08518RP4577800 Page 21

Contractor Invoice Submission Form Directions: Please complete as much information as possible. All blocks in red text are required entries.

Note: Web-Invoices are accepted only for Coast Guard Contracts over the Simplified Acquisition Threshold (Document Type 24).

THIS WEB FORM IS NOT AN OFFICIAL INVOICE. THE OFFICIAL INVOICE MUST BE ATTACHED

Invoice Information Invoice Routing Code:

TRACEN YORKTOWN

(help) Invoice Number: (help)

Contract Number: (help) Invoice Date:

MM/ DD/ YY

(help)

BPA Number: (help) Invoice Amount:

0.00

(help)

Delivery/Task Order Number: (help) Discount Terms:

00.00

Discount Days:

Net Days:

(help) Company Information Attachment of Official Invoice

Company Name: (help)

DUNS: Plus 4: (help)

Point of Contact Name: (help)

Point of Contact Email: (help)

Phone: (help) Fax: (help)

Please verify your entry on the next page. Attach invoice and any supporting documentation after verification.

Attachment must be a single PDF file no larger than 3 MB. Grey-scale PDFs are not compatible. This will be our official invoice. Supporting documentation must be combined in the single PDF file or submitted to your contracting office separately via email.

Need help creating a PDF file? Click here for instructions.

Verify

Reset

7. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this contract is SFLC-2.

8. Visit the U.S. Coast Guard Finance Center Website for instructions regarding invoice attachments. http://www.fincen.uscg.mil/electron_cg.htm

9. The Contractor shall send notification that the invoice was submitted for payment.

Additional work verbally agreed to by the parties that has not yet been incorporated into the contract by modification shall not be included in an invoice. Payments will not be made for any work to which a modification has not been properly executed. Invoices submitted for payment that includes such a request will be reduced by the unmodified amount.

70Z08518RP4577800 Page 22

FURTHER CONSIDERATIONS WITH INVOICING:

In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the Contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the Contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web based submission by the Contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.

(5) For inquiries and payment status please visit http://www.fincen.uscg.mil/electron.htm .

The Data Universal Numbering System (DUNS) number is the primary identifier in System for Award Management (SAM), (see FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Jul.2013)). Contractors are located and identified in SAM by

70Z08518RP4577800 Page 23 their DUNS number. Therefore, to facilitate payment, the DUNS number shall be recorded on every invoice submitted to the U.S. Coast Guard.

All payments for partial performance rendered by the Government under this contract are based on the assumption that the Contractor shall, in good faith, execute and honor all payment terms entered into between it, the Prime Contractor, and any subcontractor thereof in the performance of this contract. The Contractor hereby acknowledges the Government’s right to reduce or suspend progress payments based on non-payment in accordance with any payment terms of the subcontract agreement.

Any amount deemed not payable will be deducted from the Contractor’s invoice. Deducted amounts may be resubmitted on the next invoice for reconsideration.

(19) PROGRESS PAYMENTS

A. The Contractor may invoice requesting progress payments without discount, other than any prompt payment discount offered, not more frequently than twice per calendar month and no sooner than 14 calendar days from the date of the first or previous invoice when entered for payment at U.S.