70Z08520QP4528200 Solicitation.pdf

Combined Synopsis/Solicitation Solicitation No. 70Z08520QP4528200

Main Propulsion Diesel Engine Repairs of USCGC HAMILTON (WMSL 753)

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government

Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute

Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or

Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance.

Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum.

In order to ensure a timely response, interested parties should provide the following information to the Ombudsman:

solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the

OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

COMMANDANT (CG-9131)

U S COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

EMAIL: OPAP@uscg.mil

Fax: 202-372-8447

Phone: 202-475-5786

More information about the Ombudsman Program for Agency Protests (OPAP) can be found at http://www.uscg.mil/acquisition/business/ombudsman.asp

Alternative Point of Contact:

United States Coast Guard Surface Forces Logistics Center

Attn: Sarah Marsiglia

2401 Hawkins Point Road, Baltimore MD 21226

Email: Sarah.E.Marsiglia@uscg.mil

SECTION B - SUPPLIES AND PRICES

B.1 GENERAL

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR

Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, and Part 13.5, Simplified Procedures for Commercial Items. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

This solicitation is used as a Request for Quote (RFQ) under number 70Z08520QP4528200. This solicitation document and incorporated provisions and clauses in effect through Federal Acquisition Circular 2020-04, effective

15 January 2020. The NAICS Code applicable to this procurement is 336611 Shipbuilding and Repairing with a size standard of 1,250 employees for the requirement. The contract will be awarded on a firm-fixed-price basis.

To receive an award, the Contractor must be registered in the System for Award Management (SAM) www.sam.gov.

PLEASE NOTE: QUOTES THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTATION MAY

NOT BE CONSIDERED FOR AWARD.

SCHEDULE OF SUPPLIES/SERVICES:

Please reference Attachment (1) Schedule of Supplies and Services.

DESCRIPTION OF WORK:

This is an RFQ for the Fiscal Year (FY) 20 Fiscal Year Quarter (FYQ) 3 Main Propulsion Diesel Engine Repairs of United States Coast Guard Cutter (USCGC) HAMILTON (WMSL 753) home moorage in North Charleston, SC.

This requirement is for dockside repairs aboard USCGC HAMILTON consisting of items in accordance with the attached specification, Attachment (2) USCGC HAMILTON (WMSL 753) Specifications for Dockside MPDE

Repairs FY2020 REV-1 dated 10 September 2019. 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. A full list of contract line item numbers and items, quantities, and units of measure, including options, is includes as Attachment (1). The

Contractor shall furnish all the necessary labor, material services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified, to perform dockside repairs in accordance with the solicitation, and attached specification. Failure to read the specification 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 quotes submitted in response to this solicitation shall stand firm for 60 calendar days from the close date of the solicitation.

B.2 CONTRACT TYPE:

This solicitation is an RFQ that will result in the award of a Firm Fixed Price contract solicited under FAR Part 12

Acquisition of Commercial Items and FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items, subject to availability of funds.

B.3 CONTRACT PERIOD OF PERFORMANCE:

The performance period for this requirement shall commence on 26 April 2020 and shall end no later than 12

June 2020.

http://www.sam.gov/

B.4 PLACE OF PERFORMANCE:

All work under this requirement will be performed onboard the USCGC HAMILTON. The vessel shall be moored at 1050 Register St, Charleston, SC 29405.

B.5 QUESTIONS AND REQUEST FOR DRAWINGS:

Requests for drawings must be submitted to Matthew L. Jovinelli (E: Matthew.L.Jovinelli@uscg.mil, P: (410)

762-6196) and Sarah Marsiglia (E: Sarah.E.Marsiglia@uscg.mil, P: (410) 762-6171) no later than 1800 EST

Friday 27 March 2020. Questions related to the solicitation must be submitted to Matthew L. Jovinelli (E:

Matthew.L.Jovinelli@uscg.mil, P: (410) 762-6196) and Sarah Marsiglia (E: Sarah.E.Marsiglia@uscg.mil, P:

(410) 762-6171) no later than 1800 EST Monday 30 March 2020. After this date further requests may not be accepted due to time constraints. Keep in mind that any questions that are important, such as those that create needed changes to the specification, will still be addressed regardless of the time it was received. A determination will be made as to whether the change dictates an extension to the solicitation closing date and deadline for questions. It is strongly encouraged to submit any questions utilizing Attachment (4) Request for Clarification

Form. All questions and replies will be posted on FBO on a SF30.

Access to Export Controlled Drawings: Some references listed in this solicitation Specification, under

"Consolidated List of References" are subject to export control limitations, otherwise restricted distribution, have been deemed "limited access," and "export controlled" documents. In order to access these documents, vendors must be certified as a US or Canadian contractor in the Joint Certification Program (JCP), administered by the

Defense Logistic Information Service (DLIS). Instructions and procedures for being certified by JCP can be found at https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/. Only those Contractors that have current certification by JCP will be granted explicit access to these packages by the United States Coast Guard. When requesting drawings, Contractors must include their JCP Certification Number.

In accordance with COMDTINST M5260.6A, Management of Scientific and Technical Information (STINFO), potential offerors will also be required to complete, sign, and submit Attachment (8) Non-Disclosure Agreement to Matthew L. Jovinelli (E: Matthew.L.Jovinelli@uscg.mil, P: (410) 762-6196) in order to request the drawings associated with this requirement.

JOINT CERTIFICATION PROGRAM (JCP):

The Joint Certification Program (JCP) certifies Canadian and United States (U.S.) contractors for access to unclassified military technical data belonging to Canada's Department of National Defense (DND) and to the U.S.

Department of Defense (DOD). The JCP helps to protect controlled Unclassified Militarily Critical Technical Data

(MCTD) and technology from common adversaries, but allows it to flow to certified Canadian and U.S. companies that have a legitimate need-to-know for business purposes. This program is effective in protecting the competitive edge of North American companies by ensuring that only eligible companies are provided with this data.

http://www.dla.mil/HQ/InformationOperations/Offers/Products/LogisticsApplications/JCP.aspx

B.6 QUOTATION DUE DATE:

Quotations must be submitted no later than 1800 EST Thursday 8 April 2020. Quotations must be sent via email to the following individuals:

Contract Specialist: Matthew L. Jovinelli, E: Matthew.L.Jovinelli@uscg.mil, P: (410) 762-6196

Contracting Officer: Sarah Marsiglia, E: Sarah.E.Marsiglia@uscg.mil, P(410) 762-6171 https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/ http://www.dla.mil/HQ/InformationOperations/Offers/Products/LogisticsApplications/JCP.aspx

An Offeror that fails to meet any due date will be considered “late” in accordance with FAR 52.212-1(f).

Follow up emails should be sent by the vendor to ensure quote was received. It is strongly recommended that Offerors follow-up via phone call in order to confirm with Matthew L. Jovinelli that the quote and all of its required documentation has been received.

An Offeror that fails to provide all the required documentation may be considered to have delivered an incomplete quote and may NOT be considered for award.

Offerors are advised that some of the drawings, diagrams, and reports that are provided with this solicitation are for information use only. The USCG does not warrant the accuracy of this information. This is the best information available to the USCG and is provided to the offerors to assist them in preparing their competition quotes.

(End of Section B)

SECTION C - CONTRACT CLAUSES

C.1 FAR CLAUSES IN BY REFERENCE

Clause Clause Title Date

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transaction OCT 2010 FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights

APR 2014

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 FAR 52.212-1 Instructions to Offerors -- Commercial Items OCT 2018

FAR 52.212-4 Contract Terms and Conditions -- Commercial Items OCT 2018 FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data- Modification

OCT 2010

FAR 52.223-3 Hazardous Material Identification and Material Safety Data JAN 1997 FAR 52.228-5 Insurance – Work on a Government Installation JAN 1997 FAR 52.229-3 Federal, State, and Local Taxes FEB 2013 FAR 52.232-18 Availability of Funds APR 1984

FAR 52.242-2 Production Progress Reports APR 1991 FAR 52.242-15 Stop-Work Order AUG 1989 FAR 52.242-17 Government Delay in Work APR 1984 FAR 52.245-1 Government Property Alternate 1 JAN 2017 FAR 52.245-9 Use and Charges APR 2012 FAR 52-246-2 Inspection of Supplies – Fixed Price AUG 1996

FAR 52.246-4 Inspection of Services – Fixed-Price AUG 1996 FAR 52.246-16 Responsibility for Supplies APR 1984 FAR 52.247-55 F.O.B. Point for Delivery of Government Furnished Property JUN 2003 HSAR 3052.211-70 Index of Specification DEC 2003 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 DEC 2003

HSAR 3052.222-90 Local Hire JUN 2006 HSAR 3052.223-90 Accident and Fire Reporting DEC 2003

C.2 FAR CLAUSES IN FULL TEXT

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer, USCGC SFLC CPD C&P2 LRE and shall not be binding until so approved.

(End of clause)

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

ADDENDUM

INVOICE SUBMISSION PROCESS:

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.

1. 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: Matthew.L.Jovinelli@uscg.mil and Charles.T.Ehret@uscg.mil or in person to the Contracting Officer’s Technical Representative (COTR).

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 (listed below).

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:

https://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm https://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

Invoice Routing Code:

SFLC-2

(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:

00.000

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

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

Visit the U.S. Coast Guard Finance Center Website for instructions regarding invoice attachments.

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

A copy of the invoice and any supporting documentation shall also be e-mailed to the following individuals:

LTJG Justin Rebholz: Justin.T.Rebholz@uscg.mil

LT Corrine Wright: Corrine.E.Wright@uscg.mil

Matthew L. Jovinelli: Matthew.L.Jovinelli@uscg.mil http://www.fincen.uscg.mil/centralinv/central_inv_PDF_notice.htm http://www.fincen.uscg.mil/centralinv/central_inv_PDF_notice.htm http://www.fincen.uscg.mil/electron.htm

Invoices shall only include work that has been incorporated via contract modification. Only the Contracting Officer is able to authorize work and issue any modifications; therefore, 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

(iii) 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), formally known as Central Contractor Registration (CCR), (see FAR 52.232-33, Payment by Electronic

Funds Transfer – Central Contractor Registration (OCT 2003)). 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.

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

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 52.232-40 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.

Other supplemental information:

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. 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.

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.

Please do not hesitate to contact any of the personnel on the email lists below with questions for the required forms for submission regarding access to the USCGC HAMILTON:

Person Email Phone Responsibility

Matthew L. Jovinelli Matthew.L.Jovinelli@uscg.mil (410) 762-6196 Contract Specialist

LT Corrine E. Wright Corrine.E.Wright@uscg.mil (843) 740-7096 WMSL QA

LTJG Charles T. Ehret Charles.T.Ehret@uscg.mil (843) 740-7096 Port Engineer

LTJG Justin T. Rebholz Justin.T.Rebholz@uscg.mil (843) 740-7096 Port Engineer

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;

(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 North Charleston, SC 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. 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 North Charleston, SC hazardous waste personnel. The point of contact for environmental issues is Mr. Michael J. Wachowski (E: Michael.J.Wachowski@uscg.mil, P: (843) 720-7703), the

Environmental Protection Specialist at ISC Charleston.

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.

(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.

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.

INSPECTIONS

Except as specified elsewhere, the USCG 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.

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. If a firm-fixed price contract is awarded, and during the performance period a repair within scope is identified but the Contracting Officer and Contractor are unable to agree on the cost of the work, a bilateral modification may be incorporated into the contract. Scope of services shall include ship repair and associated support work, and may include work that is not currently listed as Definite or

Optional Items.

(b) The Contractor shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the

Contracting Officer, of any quote submitted for a contract modification. Unless otherwise directed, the breakdown shall be submitted on an SFLC 002 quote 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 quote includes a request for a time extension, justification shall be furnished with the quote.

(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 and shall be included in the Composite Labor Rate. 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.

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);

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

Supervision and Management Planning and Estimating Material Handling

Housekeeping Engineering Transportation/Drivers

Quality Assurance Contract Administration Security Guard

Testing Firewatch

(8) All consumables;

(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.

DISCOVERIES AND CHANGES TO CONTRACT:

Work requests can be transmitted electronically by using email. The bullets below display the process of how work requests are to be followed during the availability:

The work request process will occur in the following order:

1. Condition Found Report (CFR): Generated by the Contractor and provided to Contracting Officer’s

Representative (COR).

2. Condition Found Report Reply (CFRR): Generated by the COR and provided to Contractor.

3. Change Request: Change Requests and the Independent Government Cost Estimate (IGCE) are generated by the COR and forwarded to the Contracting Officer (KO).

4. COR provides copy of Change Requests to the Contractor.

5. Contractor’s Quote: Provided to the KO for the identified tasking on WR.

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

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

8. Modification to Contract: The KO will issue a modification covering all change requests.

In order to determine price reasonableness: All change requests that list sub-contracting and/or material must have a written quote from the sub-contractor or the company providing the material with complete, detailed information

(listing number of hours/price per hour; each part/component & associated cost; and an estimated shipping cost).

Condition Found Report, Change Orders will be transmitted electronically by using email. The 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 is 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” 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 will be dated, submitted, and signed by a representative of the Contractor.

The COR will respond to the Contractor’s within 24 hours of receiving a CFR. A copy of ALL condition found reports shall be retained in the Cutter’s file.

Change Requests must be submitted by the COR to the contractor within 24 hours after responding to the CFR.

Contractor must submit quote to the Contracting Officer within 72 hours receipt of the Change Request.

(b) The Change Request process will occur 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 change request and IGCE 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 Quote- Provided to the KO for the identified tasking on the change request.

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

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

A modification will be issued to incorporate and implement all approved changes.

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.

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.

PIER RESTRICTIONS:

United States Coast Guard (USCG) Base Charleston has put into effect new pier restrictions. These new restrictions do NOT allow contractor to park vehicles, CONEX boxes, cranes, lifts, or other equipment and materials on the pier. Contractor will be required to utilize a lay-down area off the pier. Please reference Attachment (5) Base

Charleston Lay Down and PAPA Restrictions and Attachment (7) Pier PAPA Load Restriction Clarification.

Contractors are encouraged to conduct a ship check or submit a request for clarification for additional information regarding this restriction.

FLETC BASE SECURITY

The Contractor shall contact the designated Contracting Officer’s Representative or the Port Engineer upon contract award to obtain FLETC Security Base Access requirements. The Contractor shall note that it can take up to one month for FLETC Security to process documentation related to Base Access. It is the responsibility of the Contractor to comply with FLETC Base Security measures. It is essential that the base access process begins immediately upon award. Any delays or denied access request will be the sole responsibility of the Contractor, not the USCG. FLETC Security will not grant access to individuals who have not registered with Selective Service, and are required to do so. Please reference section Security Requirements below for additional information.

SECURITY REQUIREMENTS

ACCESS TO VESSEL-PSA WMSL ACCESS GUIDE FOR USCGC HAMILTON (WMSL 753) IN

CHARLESTON, SC:

GENERAL

This information is designed for personnel to gain access to USCGC HAMILTON at the vessel’s homeport in North

Charleston, SC. Be advised that the cutter is moored on Federal Law Enforcement Training Center (FLETC), Charleston, a DHS Facility with stringent access control policies that are often subject to change. This information is “best practice” and not official USCG or DHS policy.

FLETC BASE SECURITY

Contractor shall contact the designated Contracting Officer’s representative or the Port Engineer upon contract award to obtain FLETC Security Base Access requirements. The Contractor shall note that it can take up to one month for FLETC Security to process documentation related to Base Access. It is the responsibility of the Contractor to comply with FLETC Base Security measures. It is essential that the base access process begins immediately upon award. Any delays or denied access request will be the sole responsibility of the contractor, not the government. FLETC Security will not grant access to individuals who have not registered with Selective Service, and are required to do so.

GAINING ACCESS TO FLETC CHARLESTON

a. Personnel that possess a valid Government Common Access Card (CAC) are cleared to access FLETC Charleston. This includes Foreign Nationals.

b. U.S. Citizens that do not possess a CAC card must go through the FLETC badge application process. Personnel that will be working at FLETC periodically must submit applications for the longest possible time (1 year). All paperwork must be submitted at least two weeks prior to arrival to ensure access. Personnel must submit 2 forms: the FLETC Badge Application (complete section A and B only) and Form 306. Be advised that DHS completes background checks and fingerprints on all applications and may deny access to those with a criminal history.

c. Foreign Nationals requesting access to FLETC are subject to additional screening and must submit the FLETC badge application, Form 306 and the Foreign National Addendum 17A at least 30 days prior to arrival.

Please ensure that foreign nationals have a work visa. FLETC will not allow foreign nationals with tourist visa access to the base for work.

d. Arriving at FLETC. All new personnel need to stop at the visitor’s center near the main gate to 1) have their

CAC Card registered (if applicable) or to pick up a badge and to 2) pick up their parking pass for their vehicle. The parking pass takes only a few minutes to fill out on-site. Be sure to bring a valid license, registration and proof of insurance. Parking for USCGC HAMILTON is located at the head of PIER PAPA. DO NOT

PARK ON THE PIER.

e. Please note that all individuals that are approved for initial base access are given a 30-day badge. Within those 30 days, each individual must be fingerprinted by either USCG Base Charleston or USCG Sector Charleston.

There is one POC for each CG entity and their contact information will be provided by the Contracting Officer’s Representative (COR). Those who fail to get fingerprinted and have their fingerprints positively adjudicated (generally a two-week process) within their 30 days will be denied further access to the base.

GAINING ACCESS TO USCGC HAMILTON

All personnel (active duty military, civilian employees, contractors, etc.) must submit a completed copy of the Access List Spreadsheet. This information is provided to the quarterdeck of the vessel and allows ship’s personnel to maintain visitor accountability. All visitors must sign in and out at the quarterdeck each day.

GAINING ACCESS TO SECURE SPACES ON THE CUTTERS

Certain spaces on board the cutter contain classified information and will require proof of security clearance before access is granted. These spaces are CIC, COMM/MEES, the LAN Room and SCIF. Personnel wishing to work in these areas must have their clearance verified via the OPNAV 5521/17 form in addition to marking “Yes” in the “Classified Access” column of the spreadsheet mentioned above, at least two weeks prior to arrival.

SUBMITTING ACCESS REQUESTS

a. All of these forms contain large amounts of Personally Identifiable Information (PII). Encryption or password protection of emails is HIGHLY ENCOURAGED.

b. Please submit all necessary forms via email to the cutter’s Port Engineer (PE). The KO will provide their contact information. Please submit all forms in a single email or as size limits allow. The PE will ensure that the forms are secured, reviewed, and forwarded to the proper personnel. You will be notified of any discrepancies with the paperwork.

Please do not hesitate to contact any of the personnel on the email lists below with questions for the required forms for submission.

Person Email Phone Responsibility

LT Corrine E. Wright Corrine.E.Wright@uscg.mil (843) 740-7096 WMSL QA

LTJG Charles T. Ehret Charles.T.Ehret@uscg.mil (843) 740-7096 Port Engineer

LTJG Justin T. Rebholz Justin.T.Rebholz@uscg.mil (843) 740-7096 Port Engineer

Matthew L. Jovinelli Matthew.L.Jovinelli@uscg.mil (410) 762-6196 Contract Specialist

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.

Contractors shall provide the Contracting Officer’s Representative with 24 hours of advance notice of…