ATTACTMENT 3-ContinuationofCombinedSynopsis Solicitation-MUNRO FQ4 FY20(7-16-20).pdf

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SOLICITATION NUMBER: 70Z08520RP45A5400

USCGC MUNRO (WMSL 755) DOCKSIDE REPAIRS FQ4 FY20

Commander

U.S. Coast Guard

Surface Forces Logistics Center, CPD-C&P2-LREPL

1301 Clay Street, Suite 800 N

Oakland CA 94612

REQUEST FOR PROPOSALS

70Z08520RP45A5400

USCGC MUNRO (WMSL-755) DOCKSIDE REPAIRS FQ4 FY20

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

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

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

(3) OPTIONAL ITEMS:

(4) FAR 52.217-7 Option for Increased Quantity. Separately Priced Line Item. (Mar 1989)

(5) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES – APPLICABLE LICENSES AND

PERMITS (JUN 2006)

(6) HAZARDOUS WASTE

(7) CONTRACTOR COVID-19 PREVENTION AND RESPONSE PLAN

(8) VOLATILE ORGANIC COMPOUNDS (VOC) REGULATIONS

(9) SECURITY REQUIREMENTS:

(10) ACCESS TO VESSEL

(11) INDEMNIFICATION FOR ACCESS TO VESSELS

(12) INSPECTIONS

(13) GROWTH WORK

(14) COMPOSITE LABOR RATE:

(15) DISCOVERIES AND CHANGES TO CONTRACT

(16) CONTRACT DEFICIENCY REPORT

(17) MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT PROPERTY IN THE PERFORMANCE OF A

SHIP REPAIR CONTRACT

(18) CONTRACTING OFFICER’S AUTHORITY

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(19) CONTRACTOR PERFORMANCE EVALUATION

(20) METHOD OF PAYMENT AND INVOICING INSTRUCTIONS INVOICE SUBMISSION PROCESS:

(21) PROGRESS PAYMENTS:

(22) ASSOCIATE CONTRACTOR AGREEMENT (ACA):

(23) 52.212-5--CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS -- COMMERCIAL ITEMS. (JUN 2020)

(24) 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL

ITEMS (SEP 2012)

PROVISIONS

FAR 52.212-1 Instructions to Offerors—Commercial Items (JUN 2020) ADDENDUM

(1) FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

Prohibition On Contracting With Inverted Domestic Corporations

(2) WELDING CERTIFICATIONS AND QUALIFICATIONS

(3) FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS (JUN 1988)

(4) FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

(5) INSPECTION OF CUTTER PRIOR TO SUBMISSION OF PROPOSALS

(6) FAR 52.215-20 ALT IV REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN

COST OR PRICING DATA (OCT 2010)

(7) DHS NOTICE TO OFFERORS

(8) REQUIREMENTS/INSTRUCTIONS FOR SUBMISSION OF PROPOSALS

(9) REQUIREMENTS FOR PROPOSAL CONTENT

(10) 52.212-1 INSTRUCTIONS TO OFFERORS –COMMERCIAL ITEMS paragraph (c )

(11) FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014) ADDENDUM

(12) FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS –

REPRESENTATION (NOV 2015)

(13) FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (OCT 2015)

(14) FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(15) 3052.209-79 REPRESENTATION BY CORPORATIONS REGARDING A FELONY CRIMINAL VIOLATION

UNDER ANY FEDERAL OR STATE LAW OR UNPAID FEDERAL TAX LIABILITY (FEB 2014) (DHS FAR CLASS

DEVIATION 14-02)

(16) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS. (JUN 2020) 32

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USCGC MUNRO (WMSL 755) DOCKSIDE REPAIRS FQ4 FY20

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(d) (2). 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 electronically to OPAP@uscg.mil and the

Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the

Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html mailto:OPAP@uscg.mil

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This Request for Proposal incorporates provisions and clauses in effect through Federal Acquisition Circular 2020-06. The

NAIC code applicable to this requirement is 336611.

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

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

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

www.acquisition.gov/far/

The following is the summary of applicable FAR & HSAR clauses incorporated by reference:

Clause No. Clause Title Date

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transaction JUN 2020

FAR 52.203-17 Contractor Employee Whistleblower Rights JUN 2020

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data- Modification

JUN 2020

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 52.232-8 Discounts for Prompt Payment FEB 2002

FAR 52.232-18 Availability of Funds APR 1984

FAR 52.232-23 Assignment of Claims MAY 2014

FAR 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

FAR 52.232-40 Providing Accelerated Payment To Small Business Subcontractors DEC 2013

FAR 52.233-1 Disputes MAY 2014

FAR 52.233-2 Service Of Protest SEP 2006

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 (JAN 2017) Alternate 1 APR 2012

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 3052.204-71 Contractor Employee Access SEP 2012

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

(3) OPTIONAL ITEMS:

Optional Items listed under CLIN 0003 in ATTACHMENT 2, Schedule of Supplies/Services, may be awarded if inspection reports reveal the necessity for activation or when funds are made available, at the price quoted in the Contractor’s proposal and without any other consideration whatsoever. However, after midnight on September 29, 2020, or three days after the corresponding Critical Inspection Report is accepted, whichever is later, the contractor shall have the right to refuse to accept the award of the Optional Items.

http://www.acquisition.gov/far/

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Such award refusals shall bar neither the Government nor the Contractor from subsequently negotiating with each other for performance of the work embodied in the refused Optional Items.

Optional items shall be awarded by written notice to the Contractor through issuance of a contract modification (SF-30).

Evaluation of the Optional items will not obligate the Government.

(4) FAR 52.217-7 Option for Increased Quantity. Separately Priced Line Item. (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the

Contractor within twenty-four hours via email. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(5) 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 ten (10) 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)

(6) HAZARDOUS WASTE

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

The plan will be reviewed by the facility hazardous waste manager. An acceptable plan must address, at a minimum, the following requirements:

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

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

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

(d) Waste collection and containment procedures;

(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 Alameda, and for the state of California. 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).

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(7) CONTRACTOR COVID-19 PREVENTION AND RESPONSE PLAN

The Contractor shall adhere to CDC, OSHA, state, and local guidance regarding COVID-19 precautions.

In addition, the Contractor shall adhere to the following additional requirements, as necessary:

Requirements specific to District 11 and Base Alameda: mandatory wear of cloth face coverings by all personnel.

Requirements specific to USCGC MUNRO: mandatory wear of cloth face coverings by all personnel.

Finally, the Contractor shall prepare a COVID-19 Prevention and Response Plan specific to this contract which details the Contractor’s prevention and response plans and procedures. This document shall be submitted no later than the arrival conference date, which is usually the first day of the period of performance.

(8) 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.

(9) SECURITY REQUIREMENTS:

A. For access to USCG Base Alameda, the contract shall have RAPIDGate credentials. All personnel that need access to the base, such as on-site personnel, subcontractors (including second and third-tier subcontractors) and suppliers will need RAPIDGate credentials. This process must be completed prior to the start of work. Therefore, the Contractor shall begin the RAPIDGate registration process no less than 45 calendar days before on-site work is to commence. For enrollment into the RAPIDGate program for base access privileges, information can be found at www.rapidgate.com or by calling the RAPIDGate program at 1-877-727-4342. Please note that all costs associated with registration and participation in the RAPIDGate Program is at the sole expense of the contractor.

B. The Contractor shall provide a list of all on-site personnel, sub-contractors (including second and third tier subcontractors), and suppliers, to the contracting officer and Contracting Officer’s Representative no less than 30 calendar days before on-site work is to commence. The Contractor shall update this list when changes occur and ensure all personnel satisfy base access standards, and have RAPIDGate credentials.

C. Contractor personnel not listed and without RAPIDGate credentials 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. Special identification requirements may be needed to obtain the RAPIDGate credentials.

D. Contractor and delivery personnel may be required to present personal photo identification to gain access to a Coast

Guard installation. Valid forms of identification are current passport or driver’s license that meet Real ID Act requirements. The Real ID Act of 2005 established minimum security standards for license issuance and production and prohibits Federal agencies from accepting, for certain purposes, driver's licenses and identification cards from states not meeting the Act's minimum standards. Anyone requiring access to a military facility under this contract, to include http://www.rapidgate.com/

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subcontractors, who holds a driver's license from any state without approved licenses will be required to provide identification other than that driver's license to gain access. Government IDs annotated with "Federal Limits Apply" will not be accepted for access purposes. It is the responsibility of the Contractor to ensure that their personnel have federally acceptable personal photo identification and comply with any other requirements for base access. TWIC and DBIDS identification cards are not sufficient forms of identification for access to Coast Guard Island, Alameda

E. 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.

F. 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.

Please contact the Port Engineer, Marlene T. Tolliver, at (510) 437-3942, or by email at Marlene.T.Tolliver@uscg.mil for additional information and processes on base access protocols.

(10) ACCESS TO VESSEL

A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the

Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, 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 access to the vessel(s) necessary for the performance of their respective responsibilities and reasonable to their performance.

(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, 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. 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 using a Time and Materials modification for this specific repair. In this situation, FAR

52.212-4, Alternate I, will be incorporated.

(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 mailto:Marlene.T.Tolliver@uscg.mil

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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 following clause, COMPOSITE LABOR RATE. 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.

(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:

Supervision and Management Planning

Material Handling Housekeeping

Engineering Transportation/Drivers

Quality Assurance Contract Administration

Security Testing

Worker Transit Time Guards

Surveyors Estimating

(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 and Change Requests will be transmitted electronically by using email. The bullets below display the process of how these documents are to be followed for the duration of the contract performance period:

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

Promptness in taking and reporting readings is particularly importance 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 spend the contract progress, the Contractor should include in his/her CFR the following details as a minimum:

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(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 Coast Guard action, or if it is provided “for Info” only. If action is required, indicate the response time require 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.

Contracting Officer’s Representative (COR) will respond to the Contractor’s within 24 hours of receiving a

Condition Found Report. A copy of ALL condition Found Reports shall be retained in the Cutter’s file.

(b) Change Request (CR) 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 provide 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.

8. Modification to Contract – The KS/KO will issue a modification covering all CRs.

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 of receipt of the Change Request.

A modification will be issued to incorporate and implement all changes made by change requests.

(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

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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) 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.

(19) CONTRACTOR PERFORMANCE EVALUATION

(a) 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 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.

(20) 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 as follows:

(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.

(B) The amount invoiced shall be calculated based on those prices stipulated in the contract Schedule of

Supplies/Services.

(C) 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.)

(D) 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 https://www.cpars.csd.disa.mil/

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USCGC MUNRO (WMSL 755) DOCKSIDE REPAIRS FQ4 FY20

2) Name and Address of the Contractor

3) Invoice Number and Invoice Date

4) DUNS Number - The Data Universal Numbering System (DUNS) number is the primary identifier in

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 CCR by their

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

5) Name of the Contract Specialist and/or Contracting Officer

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 email to the Contract Specialist, Catherine Chan at Catherine.K.Chan@uscg.mil, to the Contracting Officer, Wilma Estrada at Wilma.L.Estrada@uscg.mil, and the assigned COR (To be determined upon award).

3. The COR shall review and verify invoice(s), sign 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

Invoice Routing Code:

(help) Invoice Number: (help)

Contract Number: (help) Invoice Date: (help)

BPA Number: (help) Invoice Amount: (help)

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

Discount Days: Net Days: (help) mailto:Wilma.L.Estrada@uscg.mil http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

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USCGC MUNRO (WMSL 755) DOCKSIDE REPAIRS FQ4 FY20

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.

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, Wilma.L.Estrada@uscg.mil, and to the COR (will be appointed after award).

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

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 http://www.fincen.uscg.mil/centralinv/central_inv_PDF_notice.htm http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm mailto:Catherine.K.Chan@uscg.mil

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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

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.

(21) 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 there by 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.

(22) ASSOCIATE CONTRACTOR AGREEMENT (ACA):

After award, the Contractor shall enter into an Associate Contractor Agreement, if applicable, with one or more other prime contractors with the Government who will be present and performing work on the vessel during the dockside availability.

ASSOCIATE CONTRACTOR CLAUSE

(1) This clause is intended to ensure that there will be appropriate integration of work by the USCGC MUNRO associate contractors to maximize coordination and prevent delay or additional costs.

(2) The Firm Fixed-Price (FFP) for each Work Item in ATTACHMENT 2, Schedule of Supplies/Services, shall include all costs associated with the Prime Contractor executing each requirement stipulated in the Associate Contractor Agreement

(“ACA”) as required by this clause, in support of this contract.

(3) For purposes of this clause, the Associate Contractor, known at this time, is defined as:

(a) Prime Contractor under 70Z08520CP45A5400.

(b) Additional contractors may be identified at a later date.

(4) The Associate Contractors shall work and maintain close liaison with each other. In order to assure accomplishment of this objective, the Associate Contractors shall enter into a written ACA with each other.

(5) The ACA shall provide for a complete and unbiased exchange of scheduling information to include work locations. The following shall be included in the ACA:

(a) Identification of the information to be furnished between the Associate Contractors.

This shall, at a minimum, include the schedule and locations of work to be performed.

(b) Services to be provided by one Associate Contractor to another [if applicable]

(c) The materials to be provided between the Associate Contractors during performance.

[if applicable]

(d) In accordance with Specification General Requirements, the Prime Contractor shall hold a weekly progress meeting, and also daily production meetings.

https://fincen.uscg.mil/secure/payment.htm

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(i) At the daily production meetings, Associate Contractors shall attend and participate to resolve any potential conflicts in the work schedule for that day, so as to minimize delay, disruption or overlapping work.

(ii) At the weekly progress meetings, the Associate Contractors shall provide an integrated and de-conflicted master planning document for review by the USCG COR. Associate Contractors shall meet together prior to the weekly progress meeting to develop this master planning document.

(iii) The Associate Contractors are responsible to resolve all planning conflicts. However, the USCG COR reserves the right to serve as final decision authority when needed to ensure timely schedule completion and/or that Operational Commander’s priorities are met.

(e) The ACA may also address treatment of any proprietary or confidential information.[if applicable]

(6) Following execution by both Associate Contractors, the ACA may be made an attachment to this contract. The ACA is for information purposes only and shall not be subject to or governed by this contract. In the event of a conflict between the terms of this contract and terms of the ACA, the terms of this contract shall control.

(7) Where the Associate Contractors fail to agree upon action to be taken in connection with their respective responsibilities, each of them shall promptly notify the COR responsible for their respective contract and furnish their recommendations for a solution. The Associate Contractors shall not be relieved of its obligations to make timely deliveries or be entitled to any other adjustment because of their failure to: (a) resolve ACAs disputes; (b) promptly refer matters to the COR assigned to their respective contract; or (c) to implement any direction given by the COR assigned to their respective contract.

(End of FAR 52.212-4 Addendum)

(23) 52.212-5--CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS. (JUN 2020)

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.