70Z08521QP4582900_Solicitation.pdf

Combined Synopsis/Solicitation Solicitation No. 70Z08521QP4582900

Dockside Repairs of USCGC JAMES (WMSL 754)

SECTION A – NOTICE FOR FILING AGENCY PROTESTS

A1. 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: Matthew L. Jovinelli, Contracting Officer

2401 Hawkins Point Road, Baltimore MD 21226

Email: Matthew.L.Jovinelli@uscg.mil

(End of Section A) http://www.uscg.mil/acquisition/business/ombudsman.asp mailto:Matthew.L.Jovinelli@uscg.mil

SECTION B – SUPPLIES/SERVICES

B1. GENERAL INFORMATION:

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 70Z085-21-Q-P4582900. This solicitation document and incorporated provisions and clauses in effect through:

• Federal Acquisition Circular 2021-05 effective 10 March 2021.

• Department of Homeland Security Acquisition Regulation (HSAR) effective 01 February 2019

• Homeland Security Acquisition Manual (HSAM) 2021-02 effective 29 January 2021

• Coast Guard Acquisition Procedures (CGAP) 17-02 effective 29 September 2017

The applicable North American Industry Classification Standard Code is 336611 – Ship Building and Repairing.

The small business size standard is 1,250 employees. This solicitation is issued as a 100% Total Small Business

Set Aside. All responsible small business concerns may submit a quotation, which shall be considered by the agency.

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.

B2. SCHEDULE OF SUPPLIES/SERVICES:

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

B3. STATEMENT OF REQUIREMENT:

This is an RFQ for the Fiscal Year (FY) 21 Fiscal Year Quarter (FYQ) 4 Dockside Repairs of United States Coast

Guard Cutter (USCGC) JAMES (WMSL 754) home moorage in North Charleston, SC. This requirement is for dockside repairs aboard USCGC JAMES consisting of items in accordance with the attached specification, Attachment (2) USCGC JAMES (WMSL 754) Specifications for Dockside Repairs FY2021 REV-0 dated 05

February 2021. 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 included 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.

http://www.sam.gov/

B4. 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.

B5. CONTRACT PERIOD OF PERFORMANCE (POP):

The performance period for this requirement shall commence on 25 August 2021 and shall end no later than 19

October 2021.

B6. PLACE OF PERFORMANCE:

All work under this requirement will be performed onboard the USCGC JAMES. The vessel shall be moored at

1050 Register St, Charleston, SC 29405.

B7. REQUEST FOR DRAWINGS:

Requests for drawings, to include the Joint Certification Program number and fully completed Attachment (8)

Non-Disclosure Agreement, must be submitted to David Humfleet (E: David.A.Humfleet@uscg.mil) and

Matthew L. Jovinelli (E: Matthew.L.Jovinelli@uscg.mil) no later than 1600 EST Tuesday, 06 April 2021.

After this date further requests may not be accepted due to time constraints.

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 United States 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 within the email request. The JC) certifies Canadian and United States 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

B8. QUESTIONS AND CLARIFICATIONS:

Questions related to the solicitation must be submitted to David Humfleet (E: David.A.Humfleet@uscg.mil) and Matthew L. Jovinelli (E: Matthew.L.Jovinelli@uscg.mil) no later than 1600 EST Friday, 16 April 2021.

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.

mailto:David.A.Humfleet@uscg.mil mailto:Matthew.L.Jovinelli@uscg.mil https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/ http://www.dla.mil/HQ/InformationOperations/Offers/Products/LogisticsApplications/JCP.aspx mailto:David.A.Humfleet@uscg.mil

B9. QUOTATIONS

Quotations must be submitted no later than 1800 EST Monday, 03 May 2021. Quotations must be sent via email to the following individuals:

Contracting Officer Matthew L. Jovinelli Matthew.L.Jovinelli@uscg.mil

Contract Specialist David A. Humfleet David.A.Humfleet@uscg.mil

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 either David Humfleet or 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 – ATTACHMENTS

C1. LIST OF ATTACHMENTS:

Attachment Description

(1) Schedule of Supplies/Services

(2) USCGC JAMES (WMSL 754) Specifications for Dockside Repairs FY2021 (REV-0, 05

February 2021)

(3) Past Performance Information Form

(4) Request for Clarifications

(5) FLETC Base Access & Pier Lay Down

(6) Government Property Report

(7A) Pier PAPA Load Restriction Clarification

(7B) Pier PAPA Load Restriction Clarification (Continued)

(8) Department of Homeland Security Non-Disclosure Agreement (NDA)

(9) FAR Provision 52.204-24, Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

(10) FAR Provision 52.204-26, Covered Telecommunications Equipment or Services-

Representation

(End of Section C)

SECTION D – CLAUSES

D1. CLAUSES INCORPORATED 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 52.204-13 System for Award Management Maintenance OCT 2018

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016

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 52.219-6 Notice of Total Small Business Set-Aside (DHS Deviation 19-01) AUG 2019

FAR 52.219-8 Utilization of Small Business Concerns OCT 2018

FAR 52.219-14 Limitations on Subcontracting (DHS Deviation 19-01) AUG 2019

FAR 52.219-28 Post-Award Small Business Program Re-representation NOV 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 52.232-18 Availability of Funds APR 1984

FAR 52.233-1 Disputes May 2014

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

D2. CLAUSES IN FULL TEXT:

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (Sept 2013) (DHS-USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of Clause)

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

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

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

(DEVIATION 20-05)

(a) Definitions. As used in this clause-

"Covered article" means any hardware, software, or service that-

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

"Covered entity" means-

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub.

L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from-

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's

Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, mailto:Incidents@hq.dhs.gov with required information in the body of the email. In the case of the Department of Defense, the

Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the

Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Page 4 of8 Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer

(OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(l) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the

Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05 REV 2) (DEC 2020)

(a) Definitions. As used in this clause-

"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

"Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou

Hikvision Digital Technology Company, or Dahua Technology Company ( or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or https://dibnet.dod.mil/ the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of

Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the

Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal

Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities)

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of2018 (50 U.S.C. 4817).

"Interconnection arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered ( e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

"Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(l)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(l)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4 .2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing-

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Network Operations Security

Center (NOSC) at NDAA Incidents@hg.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.

For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.clod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(l) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

mailto:Incidents@hg.dhs.gov https://dibnet.clod.mil/

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

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

ADDENDUM

A) CONTRACTING OFFICER’S (KO) 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.

Contracting Officer Matthew L. Jovinelli Matthew.L.Jovinelli@uscg.mil

Contract Specialist David A. Humfleet David.A.Humfleet@uscg.mil

B) CONTRACTING OFFICER’S REPRESENTATIVE (COR):

The COR is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the name of the COR and the authorities and limitations of the COR under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

Contracting Officer’s

Representative (COR)

TBD TBD TBD

Alternative Contracting Officer’s

Representative (ACOR) LT Corrine E. Wright Corrine.E.Wright@uscg.mil (843) 740-7096

C) 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:

(1) Requirements specific to District 7 and Base Charleston: mandatory wear of cloth face coverings by all personnel.

(2) Requirements specific to USCGC JAMES: mandatory wear of cloth face coverings and hand washing/sanitation by all personnel.

(3) 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 mailto:Matthew.L.Jovinelli@uscg.mil mailto:Corrine.E.Wright@uscg.mil shall be submitted as part of the Arrival Conference Agenda required by Surface Forces Logistics Center

Standard Specification 0000 (SFLC Std Spec 0000), 2018, General Requirements.

D) 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.

E) 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.

mailto:Michael.J.Wachowski@uscg.mil

(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.

F) ACCESS GUIDANCE

1) GENERAL

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

Charleston, SC. Be advised that the cutter is moored at USCG Base Charleston on the Federal Law Enforcement

Training Center (FLETC) in North 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.

2) 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.

3) 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 must 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 JAMES 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 30 days of being issued the badge will be denied further access to the base.

4) 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.

(b) 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.

(c) 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.

(d) 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.

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 JAMES:

Port Engineer (PE)/COR TBD TBD TBD

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

Contract Specialist David A. Humfleet David.A.Humfleet@uscg.mil (443) 619-2452

5) ACCESS TO SECURE SPACES

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 required 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.

6) 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) listed below. 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.

(c) 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.

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

Port Engineer (PE) TBD TBD TBD

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

Contract Specialist David A. Humfleet David.A.Humfleet@uscg.mil (443) 619-2452

7) 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) FLETC Access and Pier PAPA Lay Down and Attachments (7A) & (7B) 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.

G) ASSOCIATE CONTRACTOR AGREEMENT (ACA)

After award, the Contractor shall enter into an Associate Contractor Agreement (ACA), 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. It is not anticipated at this time that the USCG will require the Contractor to enter into an Associate Contractor Agreement due to work associated with this requirement.

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

(b) The FFP for each Work Item in Attachment (1) 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.

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

i. Prime Contractor under 70Z085-21-C-P4582900

(d) 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.

(e) 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:

i. 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.

ii. Services to be provided by one Associate Contractor to another [if applicable]

iii. The materials to be provided between the Associate Contractors during performance. [if applicable]

iv. In accordance with Specification General Requirements (para. 3.5), the Prime Contractor shall hold a weekly progress meeting, and also daily production meetings.

a. 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.

b. 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.

c. 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.

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

(f) 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.

(g) 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.

H) MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT PROPERTY IN THE

PERFORMANCE OF A SHIP REPAIR CONTRACT

(a) 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.

(b) 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.

(c) 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.

(d) 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.

I) 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…