ATTACHMENT_3_-_Continuation_of_Synopsis_Solicitation.docx

REQUEST FOR PROPOSAL

SOLICITATION NO. 70Z08519RP45C3000

USCG BERTHOLF DS MPDE FQ4 FY19

ATTACHMENT 3 – Continuation of Synopsis/Solicitation

This solicitation incorporates by reference FAR 52.212-1, 52.212-2, 52.212-4, 52.212-3, 52.212-5 and their addenda. CONTRACT CLAUSES AND SUPPLEMENTAL TERMS AND CONDITIONS

Addendum to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018)

(1) TIME OF PERFORMANCE:

USCGC BERTHOLF will be available for performance of the work under this contract during the period of 5 August 2019 through 30 September 2019.

(2) PLACE OF PERFORMANCE

All work under this contract will be performed onboard USCGC BERTHOLF at their home moorage in Alameda, CA.

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

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

(4) 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 these addresses:

www.acquisition.gov/far/ http://www.dhs.gov/publication/hsar

OCT 2010

APR 2014

FAR 52.204-4

Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

OCT 2010

JAN 1997

JAN 1997

JAN 2017

DEC 2003

(5) HSAR3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

|_|3052.209-72 Organizational Conflicts of Interest.

|_|3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

|X|3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

(b) Clauses.

|_|3052.203-70 Instructions for Contractor Disclosure of Violations.

|_|3052.204-70 Security Requirements for Unclassified Information Technology Resources.

|X|3052.204-71 Contractor Employee Access.

|_|Alternate I |X|3052.205-70 Advertisement, Publicizing Awards, and Releases.

|_|3052.209-73 Limitation on Future Contracting.

|X|3052.215-70 Key Personnel or Facilities. Fill-in: [Contractor’s facility and Technical Representatives will be inputted at contractor award]

|_|3052.216-71 Determination of Award Fee.

|_|3052.216-72 Performance Evaluation Plan.

|_|3052.216-73 Distribution of Award Fee.

|X|3052.217-91 Performance. (USCG)

|X|3052.217-92 Inspection and Manner of Doing Work. (USCG)

|X|3052.217-93 Subcontracts. (USCG)

|_|3052.217-94 Lay Days. (USCG)

|X|3052.217-95 Liability and Insurance. (USCG)

|X|3052.217-96 Title. (USCG)

|X|3052.217-97 Discharge of Liens. (USCG)

|X|3052.217-98 Delays. (USCG)

|X|3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)

|X|3052.217-100 Guarantee. (USCG) (90 DAYS)

|_|3052.219-70 Small Business Subcontracting Plan Reporting.

|_|3052.219-71 DHS Mentor Protégé Program.

|X|3052.228-70 Insurance.

|_|3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)

|_|3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)

|_|3052.228-92 Fair Market Value of Aircraft. (USCG)

|_|3052.228-93 Risk and Indemnities. (USCG)

|_|3052.236-70 Special Provisions for Work at Operating Airports.

|X|3052.242-72 Contracting Officer’s Technical Representative.

|_|3052.247-70 F.o.B. Origin Information.

|_|Alternate I

|_|Alternate II

|_|3052.247-71 F.o.B. Origin Only.

|_|3052.247-72 F.o.B. Destination Only.

(End of clause)

(6) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES – APPLICABLE LICENSES AND PERMITS (JUN 2006)

The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within 30 days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

(End of clause)

(7) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS CONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(8) 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/Contracting Officer’s Representative 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;

(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.

The Contractor shall note the local environmental regulations in the city where work will be performed, are more stringent than in many jurisdictions. As with all environmental regulations, it is the Contractor's responsibility to research, prepare for, and comply with, the local and state regulations.

All waste generated under the performance of this contract shall be disposed under ISC Alameda'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 (0800-1600) on Monday through Friday (excluding holidays). All hazardous waste manifests shall be reviewed and signed by ISC Alameda hazardous waste personnel.

(9) VOLATILE ORGANIC COMPOUNDS (VOC) REGULATIONS

(a) Contractors are required to comply with federal, state and local VOC compliance laws and regulations. Among other requirements, certain Contractors may also be required to operate pursuant to a Title V permit. The need for such a permit will depend on the provisions of the applicable state’s “State Implementation Plan” (SIP) and the type/quantity of the Contractor’s regulated emissions, including VOCs. Certain SIPs may also mandate certain Contractors to operate under the terms of a compliance plan intended to reduce VOC emissions.

(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.

(10) ACCESS TO VESSEL

(a) 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 to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis.

The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security.

(b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security.

(11) INDEMNIFICATION FOR ACCESS TO VESSELS

Notwithstanding any provision in the "Access to Vessels" clause, or any other 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 quoters on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.

(12) 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.

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.

(13) GROWTH WORK

(a) The Contractor shall not perform growth work without the Contracting Officer's authorization. Growth work is work within the scope of the contract, which has not been previously priced as a pre-priced CLIN. The Contracting Officer reserves the right to contract for growth work on the basis of a negotiated, firm, fixed price, when it is in the best interest of the Government. Scope of services shall include ship repair and associated support work, and may include work that is not currently listed as Definite and Optional Items.

(b) The Contractor shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer, of any proposal submitted for a contract modification. Unless otherwise directed, the breakdown shall be submitted on an SFLC 002 proposal form provided at the arrival conference permitting 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) This clause is to be used in conjunction with the clause COMPOSITE LABOR RATE incorporated into this solicitation. The Contractor is required to have and/or furnish all tools and equipment incidental to each bench trade. Supplies such as wiping rags, hacksaw blades, sandpaper, welding wire, helium, etc., are also to be furnished by the Contractor. Other materials are to be charged at regular rates and prices currently in effect and as agreed to by the Contracting Officer. 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.

(14) 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, i.e. 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;

(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:

(b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated.

(c) The Quantity of Composite Labor hours indicated in the Schedule of Supplies/Services, is only an estimate and is an Optional Item pursuant to this solicitation. The Estimated Quantity represents the Government’s best estimate of the total number of additional hours that may be required throughout the contract. The Government may elect to exceed this value at the prices stated in the schedule and its discretion during performance of the contract. The inclusion of this item does not obligate the Government to exercise the item nor entitle the Contractor to compensation if not exercised.

(15) DISCOVERIES AND CHANGES TO CONTRACT:

Condition Found Report, Change Orders and Quick Chits 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:

(b) Change Request Process will occur when the contemplated change is above $3,000.00 in the following order:

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

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 orders.

(16) CONTRACT DEFICIENCY REPORT

The Contracting Officer or Contracting Officer’s Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing.

(17) 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 will be 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, b) property that is pre-existing in a location that during the course of performance will be replaced or renewed.

2. The items listed in the specification, as government furnished property will 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 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”. 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.

(18) SECURITY REQUIREMENTS

A. For each affected Coast Guard facility, the Contractor shall provide a list of all on-site personnel, including sub-contractors (including second and third-tier subcontractors) and suppliers, to the Contracting Officer. The contractor shall update this list when changes occur. 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.

B. 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.

C. Contractors shall provide the Contracting Officer's Representative with 24 hours of 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.

(19) 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 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.

(20) CONTRACTOR PERFORMANCE EVALUATION

The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, 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 SLFC’s assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system at https://www.cpars.csd.disa.mil.

(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 s 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.

(21) 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 Schedule of Supplies/Services.

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:

B. A CLIN may not be invoiced until the percentage complete reaches 25 percent. Future invoices for that CLIN have no limitation as to the percentage of completion required before invoicing. (The minimum percentage of completion (25%) 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.)

C. 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. The Contractor’s final invoice submitted under the contract must be marked as follows: THIS INVOICE CONSTITUTES THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE NO OTHER MONIES ARE DUE UNDER CONTRACT NUMBER (to 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.

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 forward invoices via e-mail Catherine.K.Chan@uscg.mil or in person to the Contracting Officer’s Representative (COR).

3. The COR shall review and verify invoices, sign the invoice and return the invoice to the Contractor.

4. The Contractor shall complete the Contractor Invoice Submission Form (sample attached).

5. 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/centralinv/central_inv_contr.cfm 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

Discount Days: Net Days: (help)

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.

Bottom of Form

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

7. Visit the U.S. Coast Guard Finance Center Website for instructions regarding invoice attachments. http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

8. A copy of the invoice and any supporting documentation shall also be e-mailed to the following individuals:- Catherine.K.Chan@uscg.mil

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

NOTE: 10% OF THE TOTAL CONTRACT PRICE WILL BE WITHHELD UNTIL ALL DELIVERABLES, REQUIRED BY THE CONTRACT, ARE RECEIVED AND ACCEPTED.

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 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 https://fincen.uscg.mil/secure/payment.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 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 will, 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.

(22) PROGRESS PAYMENTS

A. The Contractor may invoice requesting progress payments without discount, other than any prompt payment discount offered, not more frequently than every two weeks.

B. The invoice amount should reflect the percentage and dollar amount of completion established by the cutter's appropriate weekly progress report. Payments shall be derived from the accomplished percentage of completion as determined by the Contracting Officer.

C. All material and work paid for by progress payments shall thereby become the sole property of the Government, but this provision shall not relieve the Contractor from the obligation to complete the requirements of the contract.

D. The contractor shall be paid the remaining amount due upon completion and acceptance of all work under this contract.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] |X| (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

|_| (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41U.S.C.3509).

|_| (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

|X| (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

|_| (5) [Reserved]

|X| (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

|_| (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

|X| (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

|X| (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

|_| (10) [Reserved]

|_| (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

|_| (ii) Alternate I (Nov 2011) of 52.219-3.

|_| (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

|_| (ii) Alternate I (Jan 2011) of 52.219-4.

|_| (13) [Reserved]

|X| (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

|_| (ii) Alternate I (Nov 2011).

|_| (iii) Alternate II (Nov 2011).

|_| (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

|_| (ii) Alternate I (Oct 1995) of 52.219-7.

|_| (iii) Alternate II (Mar 2004) of 52.219-7.

|X| (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

|_| (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

|_| (ii) Alternate I (Nov 2016) of 52.219-9.

|X| (iii) Alternate II (Nov 2016) of 52.219-9.

|_| (iv) Alternate III (Nov 2016) of 52.219-9.

|_| (v) Alternate IV (Aug 2018) of 52.219-9.

|_| (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

|X| (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

|_| (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

|_| (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

|X| (22) 52.219-28, Post Award Small Business Program Re-representation (Jul 2013) (15 U.S.C. 632(a)(2)).

|_| (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

|_| (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

|X| (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

|X| (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

|X| (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

|X| (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

|_| (ii) Alternate I (Feb 1999) of 52.222-26.

|X| (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

|_| (ii) Alternate I (July 2014) of 52.222-35.

|X| (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

|_| (ii) Alternate I (July 2014) of 52.222-36.

|X| (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

|X| (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

|X| (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

|_| (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

|_| (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

|_| (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

|_| (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

|X| (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

|X| (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

|_| (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

|_| (ii) Alternate I (Oct 2015) of 52.223-13.

|_| (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

|_| (ii) Alternate I (Jun 2014) of 52.223-14.

|_| (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

|_| (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

|_| (ii) Alternate I (Jun 2014) of 52.223-16.

|X| (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

|_| (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

|_| (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

|_| (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

|_| (ii) Alternate I (Jan 2017) of 52.224-3.

|X| (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

|_| (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

|_| (ii) Alternate I (May 2014) of 52.225-3.

|_| (iii) Alternate II (May 2014) of 52.225-3.

|_| (iv) Alternate III (May 2014) of 52.225-3.

|_| (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

|X| (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

|_| (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

|_| (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

|_| (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

|_| (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

|_| (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

|X| (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

|_| (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

|_| (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

|_| (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

|_| (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

|_| (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

|_| (ii) Alternate I (Apr 2003) of 52.247-64.

[Contracting Officer check as appropriate.] |_| (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) |_| (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

|_| (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

|_| (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

|_| (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

|_| (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

|_| (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

|_| (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

|_| (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

|_| (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause,…