ATTACHMENT 10. Clauses and Provisions.pdf

Clauses & Provisions for

Solicitation 70Z08524QLREP0010

USCG WAESCHE DS FY24

Section F - Delivery or Performance

Article Number Reference Text

FAR 52.242-15 STOP-WORK ORDER (AUG 1989)

Section I - Contract Clauses

Clauses incorporated by reference.

Article Number Reference Text

FAR 52.202-1 DEFINITIONS (JUN 2020)

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 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS & CERTIFICATIONS (DEC

2014)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel.

FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING- RESPONSIBILITY

MATTERS (OCT 2018)

FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

FAR 52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021

FAR 52.223-3 Alt 1 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA (FEB 2021) ALTERNATE I (JULY 1995)

FAR 52.229-3 Federal, State, and Local Taxes FEB 2013

FAR 52.232-8 Discounts for Prompt Payment FEB 2002

FAR 52.232-23 Assignment of Claims MAY 2014

FAR 52.232-25 Prompt Payment FEB 2024

FAR 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

FAR 52.232-40 Providing Accelerated Payment To Small Business Subcontractors MAR2023

FAR 52.242-2 Production Progress Reports APR 1991

FAR 52.242-13 Bankruptcy (JULY 1995)

FAR 52.245-1 Government Property SEP 2021

FAR 52.245-9 Use and Charges APR2012

HSAR 3052.211-70 INDEX FOR SPECIFICATIONS (DEC 2003)

HSAR 3052.217-92 INSPECTION AND MANNER OF DOING WORK (DEC 2003)

HSAR 3052.217-93 SUBCONTRACTS (DEC 2003)

HSAR 3052.217-95 LIABILITY AND INSURANCE (DEC 2003)

HSAR 3052.217-96 TITLE (DEC 2003)

HSAR 3052.217-97 DISCAHRGE OF LIENS ((DEC 2003)

HSAR 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair 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 OHS Facility DEC 2003

HSAR 3052.222-90 Local Hire JUN 2006

HSAR 3052.223-90 Accident and Fire Reporting DEC 2003

HSAR 3052.242-72 Contracting Officer's Technical Representative (DEC 2003)

Section L - Instructions, Conditions and Notices to Offerors

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at: https://www.acquisition.gov/hsar

Clauses incorporated by reference.

Article Number Reference Text

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(AUG 2020)

https://www.acquisition.gov/hsar https://www.acquisition.gov/hsar

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.

Clauses incorporated by full text.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Requirements w/ FFP Task Orders resulting from this solicitation.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEPT 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office

(GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Mark Cap, 2401 Hawkins Point Rd. Baltimore, MD 21226.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any Department of Homeland Security Acquisition Regulation

(HSAR) (48 CFR Chapter 30) provision with an authorized deviation is indicated by the addition of

"(DEVIATION)" after the name of the regulation.

(End of provision)

Additional Submission Requirement Instructions

I. QUOTE PREPARATION INSTRUCTIONS

Quote Validity: Period for acceptance of offers shall be 90 days

a. These instructions prescribe the format and approach to be used in the development and presentation of quote data. They are designed to assure the submission of information essential to the quote. The instructions permit the inclusion of data or information an Offeror deems pertinent.

b. Quotes must be prepared in accordance with these instructions, providing all required information in the format specified. Failure of a quote to show compliance with these instructions may be grounds for exclusion of the quote from further consideration.

c. Offerors are cautioned that the government could elect to award a contract without discussion therefore, initial quotes should represent the best possible effort. Attention is invited to FAR

52.215–1(f).

d. Any resultant contract shall include the general contract provisions and contract clauses applicable to the selected Offeror's organization and type of contract awarded. Any additional clauses required by public law, executive order, or acquisition regulations in effect at the time of execution of the proposed contract will be included. The Coast Guard reserves the right to incorporate into the resulting contract all or any portion of the Offeror's quote.

e. The quote shall concisely describe the Offeror’s response to the requirements of the solicitation.

Elaborate artwork, expensive paper or bindings, and expensive visual or other aids are not necessary or encouraged.

f. To assure timely and equitable evaluation of the quote, the offeror shall follow the instructions contained herein. The quote shall be complete, self-sufficient, and respond directly to the requirements of this solicitation.

g. REQUIRED DOCUMENTS: In addition to the instructions outlined in 52.212-1, each Offeror shall furnish the information required by the solicitation, which includes the following: Please ensure that any document submitted in Excel format is editable.

i. Cover letter with Offeror's address, point of contact information, Unique Entity ID number, Taxpayer Identification Number, written confirmation that the anticipated dockside contract award date and anticipated period of performance for the dockside repairs is sufficient for the work required in the Specification and other information completed.

ii. Attachment (B), Price / Schedule of Supplies/Services completed with a cost associated with each line item, to include labor. Fill-in and return spreadsheet – no rounding up or down. Also, include signed pdf. Do not submit a scan copy.

iii. Integrated Production Schedule (IPS) in graphical format as detailed in Section 5.2, FAR

13.106, A) Factor I: Technical Capability.

iv. Attachment (J), Past Performance Information Form.

v. Signed SF1449. Complete blocks 12, 17a, and 30a, b, and c of the SF1449. In doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION, with attachments. The SOLICITATION constitutes the model contract.

vi. Return and sign any SF30 amendments that were issued.

vii. Small Business Self Certification for applicable set-aside (i.e. HUBZone, Small Business, SDVOSB, 8(a)).

viii. List the names of ALL Subcontractors that the Offeror anticipates subcontracting with. The list shall include the subcontractors name, address, point of contract and phone number, the work item or CLIN Item(s) listed in the Schedule of Supplies/Services they will be conducting work for, and the percentage of work subcontractor will be performing under the work item. If work item requires Technical Representative or Qualified Technical Representative, confirm the subcontract meets this requirement. (This may include NACE, QP1, NDE, and Fire

Suppression Systems)

h. Provide proof of enrollment in E-Verify per clause FAR 52.222-54 – Employment Eligibility

Verification.

i. Complete the necessary fill-ins and certifications in provisions and return with quote.

j. Welding Certifications and Qualifications

This solicitation may contain welding line items. As a matter of responsibility, the offeror’s quote shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable certifications and qualifications to the COR for any welding to be performed on any proposed change request.

k. All pages containing text shall be typewritten or printed on 8 ½ x 11-inch paper, with at least single spacing. Margins on all four edges of each page will be at least one inch. A page printed on both sides shall be counted as two pages. Quotes shall not be supplemented by a package or reference or reference documents. Pages exceeding the limitations will be removed from the quote by the Contracting Officer and returned to the Offeror to ensure that they are not evaluated. Other deviations from the instructions will be reviewed by the Contracting Officer to ensure that no

Offeror receives a competitive advantage. Deviations resulting in a competitive advantage for an

Offeror will result in the quote being returned to the Offeror as noncompliant with the RFQ requirements.

l. All pages in the quote shall be numbered and identified with the quote’s name (USCGC

WAESCHE (WMSL 751), Dockside Repairs FY24, RFQ number, and date of quote). A table of contents should be provided with figures and tables listed separately where necessary. (These pages are excluded from the page count.) Subsequent revisions should be similarly identified to show revision number and date.

II. REQUIREMENTS FOR QUOTE CONTENT

A. The response shall consist of three (3) separate parts; Part I, – Technical Capability; Part II, – Past

Performance Information; and PART III, -. Price Quote.

B. The KO has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the KO will review this determination and if, in the

KO’s opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the KO determines that adequate price competition no longer exists, Offerors may be required to submit information other than cost or pricing data to support a determination of price reasonableness.

C. Specific Instructions:

a) Send each Part in a separate email labeled as follows: RFQ number# Part I, – Technical Capability-

[insert Company Name]; Part II, – Past Performance Information [insert Company Name] ; and PART

III, -. Price Quote [insert Company Name].

b) Part I, Volume I – Technical Capability, is limited to one Integrated Production Schedule (IPS)

(a.k.a - Gantt chart) and ten standard 8 1/2” by 11’’ pages submitted in Times New Roman 12-point

Font. Submit as and Adobe pdf file.

c) Part II, Volume II - Past Performance Information, is limited to three standard 8 1/2” by 11’’ pages submitted in Times New Roman 12-point Font. Page limitation does not apply to submitted Contractor

Assessment Reporting System (CPARS) reports which have been completed in the database. The vendor can submit information on the Attachment 2 – PPQ form or may submit the completed CPARS report for those records/references located in the CPARS database.

D. Proposal Submission Requirements. Offerors are required to submit a legible Integrated

Production Schedule for the WAESCHE DS FY24 in the form of a Gantt Chart. The Integrated

Production Schedule must be legible and have the following characteristics:

1. Graphical in format (i.e. Gantt Chart)

2. Shows overall period of performance for each CLIN, with start and stop dates of major sub-tasks. If start/stop dates for tasks are not specifically shown on the graphical portion of the document, the dates for each task must be at least noted next to the sub-task description. Proposals that do not indicate start and stop dates for sub tasks will be considered incomplete.

3. Highlights dates that Critical Inspection Reports (CIR) will be submitted. CIR tasks with a duration of more than one day will- not be acceptable as they do not clarify the specific date the report will be submitted. If the Contractor is unable to comply with due dates for the CIR, an explanation must be provided (may be an attachment to the production schedule) justifying why the proposed schedule cannot meet the CIR requirement and including a resolution of any schedule slippage, if applicable.

Proposals that do not include a reference to all CIR's will be considered incomplete.

4. Highlights events requiring Coast Guard Inspector presence. If Coast Guard Inspector presence requirements are not able to be called out or visually shown on the production schedule, the proposal must include an explanation (may be an attachment to the production schedule) justifying why the document cannot meet the requirement and describes when Coast Guard inspectors will be required.

Proposals that do not include any reference to CG inspectors will be considered incomplete.

5. Identifies all work item time periods that require qualified or licensed Tech Rep assistance.

Identified time periods must reflect the entire duration that a tech rep will be required to complete specified work.

6. Visually identifies (i.e. color codes) the critical path(s). The critical path(s) is defined as the longest path through the project, comprised of tasks that cannot absorb delays without risking delay of the overall project completion as planned. If the production schedule is unable to clearly visually identify the critical path, the proposal must include an explanation (may be an attachment to the production schedule) describing the tasks that fall on the critical path. Proposals that do not include any reference to the critical path will be considered incomplete.

7. Displays the float (a.k.a. slack) for non-critical path subtasks. A task's float may be shown visually or may be indicated next to the task description. If the production schedule is unable to display the float for tasks, the proposal must include an explanation (may be an attachment to the production schedule) describing the float for tasks. Proposals that do not include any reference to float will be considered incomplete.

8. Visually shows start/finish or finish/start relationships and dependencies for all tasks that have work constraints or require coordination of work activities. If the production schedule is unable to visually show dependency relationships between tasks, the proposal must include an explanation (may be an attachment to the production schedule) describing the tasks that have dependencies. Proposals that do not include any reference to dependency relationships between tasks will be considered incomplete.

Include all required information, EXCLUDING any reference to price. Each technical quote must be sufficiently specific, detailed and complete to clearly and fully demonstrate to the government that the

Offeror has a thorough knowledge and understanding of the technical requirements. Previously submitted data will not be used in the evaluation of quotes.

1. PART I, Volume 1 – TECHNICAL CAPABILITY – Submit via email to both Contracting Officer, Mark Cap, at Mark.Cap@uscg.mil and Contract Specialist, Kiku Khan, at kiku.k.khan@uscg.mil.

Government will evaluate the technical capability of the Offeror to perform the requirements of the

RFQ based on an assessment of the contractor's Integrated Production Schedule (aka Gantt Chart).

2. PART II, Volume 2 – PAST PERFORMANCE - Submit via email to both Contracting Officer, Mark

Cap, at Mark.Cap@uscg.mil and Contract Specialist, Kiku Khan, at kiku.k.khan@uscg.mil. The offeror must submit no more than three (3) recent (within the last 3 years) and relevant (similar in nature to the scope and complexity of the work items shown in the Specifications). In terms of the scope, the complexity of the work should be equivalent to vessels with a minimum length of 270 feet.

CPARS examples should have been completed within the last three (3) years. The government may take into consideration other CPARS information within CPARS.

3. PART III, Volume 3 – PRICE QUOTE INFORMATION – Submit via email to both Contracting

Officer, Mark Cap, at Mark.Cap@uscg.mil and Contract Specialist, Kiku Khan, at kiku.k.khan@uscg.mil.

Completely fill-out the ATTACHMENT 3, Price/Schedules of Supplies and Services in excel™ (.xlsx) with prices for all Work Items including the fill-in for the Additional Work line item. Insert proposed unit and extended prices in the Price Schedule. The extended amount must equal the whole dollar unit price multiplied by the number of units. The provided extended pricing for each CLIN shall be added together to derive the overall contract total evaluated price. You may be required to submit information other than cost or pricing data to support a determination of price reasonableness.

Award may be made without any type of discussions or negotiations. The Government reserves the right to award to other than the lowest-priced Offeror.

OFFEROR IS RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR QUOTE

The Government will evaluate the technical capability of the Offeror to perform the requirements of the RFQ based on an assessment of the contractor’s planning documentation as explained in the evaluation provisions 52.212-2 (Addendum).

Section M – Evaluation Factors for Award

Additional Evaluation Criteria

In addition to the requirements under FAR 52.212-2 Evaluation-Commercial Items, the following is provided for an understanding of how each factor will be evaluated.

GENERAL INFORMATION

a. The Government will award a contract resulting from this solicitation to the responsible Offeror, whose offer conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Technical Capability

2. Past Performance

3. Price

b. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful

Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

c. The Government reserves the right to award a contract on the basis of evaluation of the original submission without discussions or call for Final Quote Revisions.

FACTOR 1 - TECHNICAL CAPABILITY

The Government will evaluate the technical capability of the Offeror to perform the requirements of the

RFQ based on an assessment of the contractor’s planning documentation. Quotes will be evaluated more favorably that (a) demonstrate the Offeror’s ability to successfully accomplish the work within the task order’s period of performance, and (b) provide information required for the following eight (8) sub-factors below in a manner that is clear and complete, demonstrates the Offeror’s understanding of each sub-factor, and demonstrates that the Offeror has a higher likelihood of successful performance.

1. Graphical in format (i.e., Gantt Chart).

2. Shows overall period of performance for each CLIN, with start and stop dates of major sub-tasks.

If start/stop dates for tasks are not specifically shown on the graphical portion of the document, the dates for each task must be at least noted next to the sub-task description. Proposals that do not indicate start and stop dates for sub tasks will be considered incomplete.

3. Highlights dates that Critical Inspection Reports (CIR) will be submitted. CIR tasks with a duration of more than one day will not be acceptable as they do not clarify the specific date the report will be submitted. If the Contractor is unable to comply with due dates for the CIR, an explanation must be provided (may be an attachment to the production schedule) justifying why the proposed schedule cannot meet the CIR requirement and including a resolution of any schedule slippage, if applicable.

Proposals that do not include a reference to all CIR’s will be considered incomplete.

4. Highlights events requiring Coast Guard Inspector presence. If Coast Guard Inspector presence requirements are not able to be called out or visually shown on the production schedule, the proposal must include an explanation (may be an attachment to the production schedule) justifying why the document cannot meet the requirement and describes when Coast Guard inspectors will be required.

Proposals that do not include any reference to CG inspectors will be considered incomplete.

5. Identifies all work item time periods that require qualified or licensed Tech Rep assistance.

Identified time periods must reflect the entire duration that a tech rep will be required to complete specified work.

6. Visually identifies (i.e. color codes) the critical path(s). The critical path(s) is defined as the longest path through the project, comprised of tasks that cannot absorb delays without risking delay of the overall project completion as planned. If the production schedule is unable to clearly visually identify the critical path, the proposal must include an explanation (may be an attachment to the production schedule) describing the tasks that fall on the critical path. Proposals that do not include any reference to the critical path will be considered incomplete.

7. Displays the float (a.k.a. slack) for non-critical path subtasks. A task’s float may be shown visually or may be indicated next to the task description. If the production schedule is unable to display the float for tasks, the proposal must include an explanation (may be an attachment to the production schedule) describing the float for tasks. Proposals that do not include any reference to float will be considered incomplete.

8. Visually shows start/finish or finish/start relationships and dependencies for all tasks that have work constraints or require coordination of work activities. If the production schedule is unable to visually show dependency relationships between tasks, the proposal must include an explanation (may be an attachment to the production schedule) describing the tasks that have dependencies. Proposals that do not include any reference to dependency relationships between tasks will be considered incomplete.

The assessment process will result in an overall rating of the Technical Capability Factor.

FACTOR 2 - PAST PERFORMANCE

Recent and relevant past performance will be evaluated on quality of their past performance as demonstrated by the projects the Offeror submits under this evaluation factor and CPARS reports and/or other information obtained by the Government.

Relevant (in terms of scope of construction, overhaul, repair and alteration of a ship at least 270 feet in length). Past performance reports that did not include a similar scope of work, were on a ship smaller than 270 feet in length, or both will not be considered relevant.

Recent federal, state or local government or private contracts performed as the Prime Contractor by the company submitting the proposal during the last three (3) years. Past performance reports in which the vendor was not the prime contractor, were older than 3 years, or both will not be considered recent.

Only relevant projects will be further evaluated under this factor.

In reviewing relevant past performance, the Government will look for information that shows customers were satisfied with the overall job performance and quality of completed work. The following are the key areas of evaluation:

1. Quality of Product: Offerors ability to comply with contract requirements, adequacy of materials and submittals; and correction of deficiencies.

2. Schedule: ability to meet contractual schedule dates

3. Management: effectively managing company personnel, any subcontractors, and effectively and responsively working with the past customers.

When evaluating these criteria, the following will be taken into consideration for evaluation purposes:

1. Trends in the Offeror’s performance in the areas above;

2. The number of problems, type and severity of the problems, and the effectiveness of corrective actions taken to ensure progress with project completion to minimize the schedule and cost impacts, and overall quality; and

3. Positive and/or negative comments that impact evaluation of Offeror’s past performance.

The assessment process will result in an overall performance confidence assessment rating.

The Government reserves the right to verify claims made by the Offeror and not to consider relevant those that are not substantiated.

Offerors are reminded that the Government reserves the right to obtain past performance information from any source available. At no time during this process, or during the debriefing, or after award, will the names of the individuals providing reference information about an Offeror's past performance be revealed to the Offerors or to any other party.

Offerors with no relevant past or present performance history or the Offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned, will neither be rated favorably or unfavorably.

Offerors are cautioned to submit sufficient information and, in the format, specified in the quote preparation instructions to permit a meaningful assessment of past performance. Offerors may be asked to clarify certain aspects of their quote or respond to adverse past performance information to which the Offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for quote revision.

FACTOR 3 – PRICE

Price will be evaluated on the total evaluated price for the completion of the USCGC WAESCHE dockside. The total evaluated price of the Offeror will be determined by totaling the proposed extended prices of all Work Items as shown in ATTACHMENT 3, Price Schedule. The quantities provided are estimates for evaluation purposes only. The offeror's completed price schedule shall represent the best price in response to the solicitation. The price shall be evaluated to determine fair and reasonableness pricing in accordance with FAR parts 12 and 13 procedures as determined by the Contracting Officer.

Definitions: WORK ITEMS: These are the items that are listed in the Price Schedule (ATTACHMENT

3) and the specifications.

The Government reserves the right to award a contract on the basis of evaluation of the original submission without discussions or call for Final Quote Revisions.

52.237-1 Site Visit

This RFQ is for the dockside repairs of the USCGC WAESCHE (WMSL 751) hereinafter referred to as "vessel." The vessel's home pier is located in Alameda, CA. The point of contact for site surveys is

LTJG Kevin Holmes who can be reached at (206)827-4685 or via email at kevin.l.holmes@uscg.mil.

Contractors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Site Visits/Ship Check should be scheduled beginning on 25 April 2024 and completed NLT 6 May 2024.