Solicitation POLAR SEA final 11 June 2024 revised final.pdf

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.

COMBINED SYNOPSIS/SOLICITATION

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

FAR Subpart 12.6 and FAR Subpart 13.5 procedures, as supplemented with additional information https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/current/html/Subpart%2012_6.html#wp1088488 included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

(A) The solicitation number is 70Z08524QLREP0013 and is issued as a Request for Quote (RFQ).

(B) The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular (FAC), FAR Class Deviation 2022-02 Rev 1 (OCT 2021) and FAR Class

Deviation 2020-05 Rev 2 (DEC 2020).

(C) This solicitation is issued as an unrestricted procurement. The North American Industry

Classification System (NAICS) Code 336611 applies to this RFQ, and the small business size standard is

1,300 employees.

(D) Description/Statement of Work/Specification:

The United States Coast Guard (USCG) POLAR SEA (WAGB-11) DRY-DOCK (DD) repairs to the items as specified in Attachment 1 – Statement of Work (SOW) - Specification. The contractor shall provide all labor, materials, equipment, etc. necessary to meet the requirements of the specification. This may also include additional work identified during the availability, as stated in (4) ORDERING

INSTRUCTIONS: ADDITIONAL WORK

(E) Date(s) and place(s) of delivery and acceptance:

The period of performance for this contract is 21 August 2024 through 30 October 2024. The place of performance for this service starts with a tow from Pier 36, Coast Guard Base, Seattle, WA, to the awardee’s facility, and ends with towing to Suisun Bay, CA after completion of work at the awardee’s facility.

(F) FAR Provision 52.212-1, Instructions to Offerors—Commercial, is incorporated by reference and applies to this acquisition. Please see the attached RFQ terms and conditions for the submission requirements.

(G)Evaluation:

For the evaluation criteria, please see the attached RFQ terms and conditions.

(H)Offerors are required to include a completed copy of FAR Provision 52.212-3, Offeror

Representations and Certifications—Commercial Items, with its Alternate I, with their offer. Offerors may complete this online at SAM: www.sam.gov . An offeror must state in their offer if they completed

FAR 52.212-3 with Alternate I online and that is it up-to-date and valid.

(I) FAR Clause 52.212-4, Contract Terms and Conditions—Commercial Items (Dec 2022) applies to this acquisition.

(J) FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Items (MAY 2024) is incorporated by reference and applies to this acquisition.

Please see the attached RFQ terms and conditions that are applicable to the acquisition.

https://www.dhs.gov/publication/current-far-deviations https://www.dhs.gov/publication/current-far-deviations https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179124 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179124 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179124 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179194 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179194 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179194 http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179465 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179465 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179465 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179527 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179527 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179527

(K) A statement regarding any additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices: N/A.

(L) The Defense Priorities and Allocations System (DPAS) and assigned ratings are not applicable to this solicitation.

(M) Date, time and place offers are due.

Offers are due by 20 Jun 2024, 2:00 PM Pacific Standard Time.

Submit offers to the following e-mail addresses, by the offer due date and time:

Attn: Robin B. Kloeppel via email: robin.b.kloeppel@uscg.mil and Contracting Officer Kiya Plummer-

Dantzler via email: kiya.r.plummer-dantzler@uscg.mil .

(N) Any and all questions regarding this solicitation shall be submitted in writing to the Contract

Specialist, Robin B. Kloeppel at robin.b.kloeppel@uscg.mil and Contracting Officer Kiya Plummer-

Dantzler at kiya.r.plummer-dantzler@uscg.mil no later than 14 June 2024, 2:00 PM Eastern Time.

Utilize attachment #3 for all questions.

After this date, further requests may not be accepted due to time constraints. For questions regarding this solicitation, please contact the Contract Specialist or the Contracting Officer. All requests should identify the solicitation number 70Z08524QLREP0013.

Site Visits/Ship Check will be held NLT 17 June 2024, 2:00 PM Eastern Time for this project. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Any interested parties who would like to visit the site shall contact LCDR Nathaniel Selavka who can be reached via email at nathaniel.p.selavka@uscg.mil to arrange access. Unannounced visitors will not be allowed on site.

TERMS AND CONDITIONS FOR TIME AND PLACE OF PERFORMANCE

(i) TIME OF PERFORMANCE

USCGC POLAR SEA will be available for performance of the work under the first task order during the period of 21 August 2024 through 30 October 2024.

(ii) PLACE OF PERFORMANCE

a. All work under this contract will be performed at the awarded contractor’s facility. In addition, the vessel must be towed from its current location at the USCG Base in Seattle, WA, then towed to its final location in Suisun Bay, CA.

b. The work to be performed on the cutter shall not be performed at any other location unless the

Contracting officer approves a change in location, in writing, in advance.

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

FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS

(JUN 1988)

Orders for U.S. Coast Guard specification reference drawings must be placed NLT 13 June 2024 @ 2:00

PST.

To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number.

U.S. Coast Guard specification reference drawings are available by request. The government will email with a hyperlink to DoD Safe along with the required passphrase. Drawing measurements should be verified by the Contractor prior to ordering materials.

All interested vendors must be JCP certified. Process for certification: https://www.dla.mil/Logistics-

Operations/Services/JCP/

Evaluation Method

The Government will evaluate Offers for awarding this contract, using a tradeoff process to determine the best overall value and consider award to other than the lowest priced offeror or the highest technically rated offer. Price is significantly more important than technical and past performance combined. Offerors cannot be properly evaluated, if they do not submit a completed pricing worksheet, see attachment #2.

The Government reserves the right to make award without holding discussions.

HOW TO SUBMIT AN INVOICE:

Contractor must submit proper invoices electronically using the Invoice Processing Platform (IPP) at https://www.ipp.gov/. Information regarding IPP, including IPP Customer Support contact information, is available at that same link. IPP is a secure web-based electronic invoicing system provided by the U.S.

Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis. IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency. You will be required to enroll if you are not yet enrolled. If your company is already registered to use IPP, you will not be required to re-register, and you do not need to contact IPP.

If you are NOT already enrolled in IPP:

The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov. Please note that emails from this email address may filter into your spam or junk folder:

1. The first email will have the IPP Logon ID and a link to the IPP application.

2. A second email, which will be sent within 24 hours of the first email, contains a temporary password.

Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Once registered to use IPP, your company may submit invoices electronically, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads. The e-mail notification of payment is sent when a payment is distributed to your bank account and may include the following https://www.ipp.gov/ https://www.ipp.gov/ payment information: Date of payment, dollar amount, invoice number, paying agency, payee name, and

ACH trace number.

Vendor training materials, including a first-time login tutorial, are available on the https://www.ipp.gov/ website. Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities, ranging from creating and submitting an invoice to setting up email notifications. Live webinars are held monthly and provide a great opportunity to learn the basic of the system and to call in and ask the IPP team questions about the IPP application.

IPP Customer Support is available to assist users of the system and can answer your questions related to accessing IPP or completing the registration process.

1. Toll-free number: 866-973-3131

2. Email address: IPPCustomerSupport@fiscal.treasury.gov

3. Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am

6:00 pm ET

(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 these addresses:

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

Additional clauses incorporated by reference are identified in FAR Clause 52.212-5 and HSAR

3052.212-70 below. The following is the summary of applicable FAR & HSAR clauses incorporated by reference that are not identified in FAR 52.212-5 and HSAR 3052.212-70:

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 NOV 2023

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

Paper

MAY 2011

FAR 52.223-3 Hazardous Material Identification and Material Safety Data

FEB 2021

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 52.232-25 Prompt Payment FEB 2024

FAR 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 https://www.ipp.gov/ https://www.ipp.gov/ https://www.ipp.gov/ https://www.ipp.gov/ https://www.ipp.gov/ http://www.acquisition.gov/far/ http://www.acquisition.gov/far/ http://www.dhs.gov/publication/hasr

FAR 52.232-40 Providing Accelerated Payment To Small Business Subcontractors MAR 2023

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 52.246-16 Responsibilities for Supplies APR 1984

HSAR 3052.211-70 Index of Specification DEC 2003

HSAR 3052.217-92 Inspection and Manner of Doing Work. (USCG)(DEC 2003) DEC 2003

HSAR 3052.217-93 Subcontracts. (USCG) (DEC 2003) DEC 2003

HSAR 3052.217-94 Lay Days (USCG) (DEC 2003) DEC 2003

HSAR 3052.217-96 Title. (USCG) (DEC 2003) DEC 2003

HSAR 3052.217-97 Discharge of Liens. (USCG) (DEC 2003) DEC 2003

HSAR3052.217-99 Department of Labor Safety and Health Regulations for Ship

Repair

(DEC 2003)

DEC 2003

HSAR 3052.219-71 DHS mentor-protégé program (JUN 2006) JUN 2006

HSAR 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor

Protégé Program (JUN 2006)

JUN 2006

HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract

Work

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) DEC 2003

(3) PROCEDURES FOR TASK ORDERS, DISCOVERIES, AND CHANGES TO CONTRACT

After Contract award, individual task orders will be issued as necessary to support Contract requirements.

The Contractor will be directed to commence work via a Task Order or modification sent from the

Contracting Officer. The Contractor shall provide notice of acceptance of the Task Order or modification by signing the Standard Form (SF-30 or SF-1449) and returning it to the Contracting Officer, or by starting work when the Contracting Officer issues a Task Order.

The Contractor shall not perform any type of additional work without the Contracting Officer's authorization. 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. 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 an adjustment may not be made in the contract price to cover any increase in cost incurred as a result thereof.

(4) ORDERING INSTRUCTIONS:

ADDITIONAL WORK

(a) Upon request, the Contractor shall furnish a price breakdown directly to the Contracting

Officer, itemized as required by the Contracting Officer, of any Offer submitted for additional work.

Unless otherwise directed, the breakdown shall be submitted on an SFLC 002 Quote/Offer form provided at the arrival conference permitting an analysis of all materials, labor, equipment, subcontract, overhead costs, and profit covering all work involved in the change/modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the Offer includes a request for a time extension, justification shall be furnished with the Offer.

(b) 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. All supplies necessary to accomplish the Work Items, such as wiping rags, hacksaw blades, sandpaper, welding wire, helium, etc., shall be included in the composite labor rate. Other materials are to be charged at regular rates and prices currently in effect and negotiated and agreed to by the Contract Specialist/Contracting Officer. Material shall be best commercial quality available, where a precise specification is indicated, in which case the specification shall apply, e.g., MILSPEC, FEDERAL SPEC.

COMPOSITE LABOR RATE:

The composite labor rate offered shall be the sole labor hour rate used to price the Prime Contractor's direct labor hours for contract changes, i.e., additional work. The Contractor shall not receive any compensation in addition to this rate for the Prime Contractor's direct labor associated with 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 Guard Testing

Worker Transit Time Estimating

Surveyors

(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 direct labor charges for 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 pursuant to this solicitation. The inclusion of this item does not obligate the Government to exercise the item nor entitle the Contractor to compensation if not exercised.

The Contracting Officer may propose and negotiate changes to the contract and place orders, on the basis of negotiated, firm, fixed price task orders, when it is in the best interest of the Government.

Change Request Process (for changes to an existing contract and additional work items):

1. Condition Found Report – Generated by the Contractor and provided to Contracting

Officer’s Representative (COR) in accordance with SFLC Standard Specification 0000.

2. Condition Report Reply – Generated by the COR and provide to Contractor.

3. Change Request (CR) – CR is generated by the COR and the COR will assign the CR number.

4. COR provides copy of CR to the Contractor.

5. Contractor’s Offer – provided to the Contract Specialist (KS)/Contracting Officer (KO) within 72 hours of receipt of the Change Request. The Contractor shall furnish a price breakdown, itemized as required by the KS/KO. The breakdown shall permit an analysis of all materials, labor, equipment, and subcontractor costs, covering all work involved in the CR whether such work was deleted, added, or changed. Rates in the Offer shall be in accordance with the rates specified in the Price Schedule. Any amount claimed for subcontracts shall be supported by separate, similar price breakdown. If the Offer includes a request for a time extension, justification shall be furnished with the Offer.

6. Negotiations – if needed, takes place to establish pricing, etc.

7. Approved change order – forwarded to Contractor and COR by the KO.

8. Change Order or Modification– The KS/KO will issue modification to the contract to incorporate and implement all changes made by CRs.

CR must be submitted by the COR to the Contractor within 24 hours after responding to the

CFR. Contractor must submit Offer to the Contracting Officer within 72 hours of receipt of the CR.

New Task Order or Additional Work Item/Work CLIN

1. Contract Specialist/Contracting Officer shall send a Request for Proposal (RFP) with the

Work Item Specification.

2. Contractor’s Proposal- Proposals for the identified RFP shall be provided to both the

Contract Specialist and Contracting Officer according to the terms dictated in the RFP. The

Contractor shall furnish a price breakdown, itemized as required by the Contract

Specialist/Contracting Officer. The breakdown shall permit an analysis of all materials, labor, equipment and subcontract costs, covering all work involved in the new Task Order or

Additional Work CLIN, whether such work was deleted, added or changed. Rates in the proposal shall use the Composite Labor Hour Rate, or other rates specified in the contract for changes. 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.

3. Negotiations- If needed, the Contract Specialist/Contracting Officer may negotiate to establish pricing subject to Contracting Officer approval.

4. The Contracting Officer shall offer a new Task Order, or a modification of an existing

Task Order based on the negotiated CR, which the contractor must accept before the contracting officer incorporates and implements all changes into the contract.

(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) FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the

Government’s requirements do not result in orders in the quantities described as "estimated" or

"maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the

Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 December 2023.

(End of Clause)

(7) FAR 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 31 December 2022.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

(8) FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $8,000,000;

(2) Any order for a combination of items in excess of $16,000,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs(b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

(9) VOLATILE ORGANIC COMPOUNDS (VOC) REGULATIONS

(a) Contractors are required to comply with federal, state and local VOC compliance laws and regulations. Among other requirements, certain Contractors may also be required to operate pursuant to a Title V permit. The need for such a permit will depend on the provisions of the applicable state’s

“State Implementation Plan” (SIP) and the type/quantity of the Contractor’s regulated emissions, including VOCs. Certain SIPs may also mandate certain Contractors to operate under the terms of a compliance plan intended to reduce VOC emissions.

(b) Contractors, therefore, must submit the following to the designated Port Engineer not later than two weeks after contract award:

1) Copies of any federal, state or local permits required and applicable to the use or application of VOCs at

Contractor’s facility or offsite work places;

2) Copies of any compliance plans required and applicable to the use or application of VOCs at Contractor’s facility or offsite work places.

(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.

(10) ACCESSIBILITY OF CONTRACTOR’S FACILITY

The Contractor shall provide a facility accessible from a navigable waterway at which a ship of the characteristics described in the attached specification can safely arrive, lie afloat and depart at all states of the tide and at any time day or night. The facility and its approaches shall have a minimum water depth of 26 feet, at a mean low, low water and a minimum vertical clearance of 150 feet at a mean high, high water.

(11) ACCESS TO VESSEL

a) A reasonable number of officers, employees, and associates of the Government, or other Prime

Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting

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

(b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all

Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security.

(12) 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 offers 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.

(13) 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.

(14) 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.

(15) TELEPHONE CHARGE

The Commanding Officer of the Cutter will pay all toll charges and applicable taxes and surcharges for long-distance telephone calls placed by ship’s personnel. All other charges shall be borne by the

Contractor.

(16) INSURANCE – WORK AT A CONTRACTOR’S FACILITY.

The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required by this Clause as follows:

TYPE AMOUNT

1) Workman's Compensation and Employer's

Liability (including Federal Longshoremen and

Harbor Worker's Insurance)

As legally required by the State wherein the work is being performed.

2) Comprehensive General Liability Insurance Personal Injury Liability:

$1 million per person

$1 million per occurrence

Property Damage (may be included in general aggregate limits or combined single unit coverage):

$1 million per occurrence

3) If single general aggregate limits or combined single unit coverage is obtained for General Liability and/or Automobile Liability coverage, minimum amounts shall be the sum of the personal injury and property damage coverage required above. Umbrella Form Excess Liability insurance coverage shall be added to general liability and automobile liability coverage to determine if minimum insurance limits are met.

b. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective

(1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until

30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

c. As evidence that it has obtained the insurance specified in paragraph (a) of this clause, the contractor shall furnish the Contracting Officer with a certificate or certificates executed by an agent of the insurer authorized to execute such certificates. Such certificates shall be furnished prior to commencement of the work. Each certificate shall state that (name of insurer) has insured (name of contractor) awarded contract number (to be determined at time of award) for repair/alteration of applicable USCG ship in accordance with the Liability and Insurance clause and the Insurance

Requirements clause contained herein.

d. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance and shall make copies available to the Contracting Officer upon request.

e. "Contractor’s Facility" for this clause includes government vessels when located within

Contractor’s Facility.

(17) 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.

(18) CONTRACTOR PERFORMANCE EVALUATION

(a) The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offerors’ past performance of 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 this 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: Contractor Performance Assessment Report (CPAR) 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.

https://www.cpars.csd.disa.mil/ https://www.cpars.csd.disa.mil/ https://www.cpars.csd.disa.mil/ https://www.cpars.csd.disa.mil/

(19) METHOD OF PAYMENT AND INVOICING INSTRUCTIONS

INVOICE SUBMISSION PROCESS:

A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt

Payment [(a)(3)(i) through (a)(3)(ix)] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and shall be returned to the contractor with a statement of the reason(s) it is not proper.

(a) WHEN TO SUBMIT: The contractor must first:

(1) Receive a fully-executed purchase order, contract, delivery order or task order

(2) Provide the requirements, and

(3) Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

(b) INVOICE CONTENT: Each invoice must contain the following information:

(1) Invoice Date

(2) Invoice Number

(3) Purchase Order Number or Contract Number or Contract and Delivery/Task Order Number

(4) Contractor’s Name

(5) Contractor’s Address

(6) Contractor’s DUNS

(7) Contracting Officer’s Name

(8) Contracting Officer’s Representative’s (COR’s) Name (if applicable)

(9) Invoice Routing Code (IRC) assigned by the Coast Guard as follows: SFLC-2

(10) Period of Performance for Work Invoiced

(11) Contract Line Item Number(s) (CLIN(s)) and Description (if applicable)

(12) CLIN units for the period (if applicable), CLIN rate (if applicable), CLIN Total (if applicable)

(13) For Travel: Components in accordance with FAR 31.205-46

(14) Invoice Total

(15) Discount Offerings

(16) Status as a Small Business (if applicable) for accelerated payment

(17) The last invoice submitted for this award must be clearly labeled with “FINAL INVOICE.”

(18) NOTE: A request for payment is proper if it includes the items required by the clause at FAR

52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix), with common items captured in the list above] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and will be returned to the contractor with a statement of the reason(s) it is not proper.

(c) HOW TO SUBMIT:

Contractor must submit proper invoices electronically using the Invoice Processing Platform (IPP) at https://www.ipp.gov/. Information regarding IPP, including IPP Customer Support contact information, is available at that same link. IPP is a secure web-based electronic invoicing system provided by the U.S.

Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis. IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency. You will be required to enroll if you are not yet enrolled. If your company is already registered to use IPP, you will not be required to re-register, and you do not need to contact IPP.

If you are NOT already enrolled in IPP:

The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov. Please note that emails from this email address may filter into your spam or junk folder:

(1) The first email will have the IPP Logon ID and a link to the IPP application.

(2) A second email, which will be sent within 24 hours of the first email, contains a temporary password.

Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Once registered to use IPP, your company may submit invoices electronically, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads. The email notification of payment is sent when a payment is distributed to your bank account and may include the following payment information: Date of payment, dollar amount, invoice number, paying agency, payee name, and

ACH trace number.

Vendor training materials, including a first-time login tutorial, are available on the https://www.ipp.gov/ website. Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities, ranging from creating and submitting an invoice to setting up email notifications. Live webinars are held monthly and provide a great opportunity to learn the basic of the system and to call in and ask the IPP team questions about the IPP application.

IPP Customer Support is available to assist users of the system and can answer your questions related to accessing IPP or completing the registration process.

• Toll-free number: 866-973-3131

• Email address: IPPCustomerSupport@fiscal.treasury.gov

• Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am - 6:00 pm

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(d) PROMPT PAYMENT INFORMATION: 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 date is:

(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 https://www.ipp.gov/

(iii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has accepted the property or services before the seventh day in which case the acceptance date must 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 must substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web-based submission by the contractor and receipt confirmation does not reflect

Government review or acceptance of the invoice.

(5) Payment inquiries and status may be obtained at the following website:

https://www.uscg.mil/fincen/electron/

(e) Failure to follow any of these instructions will result in invoice rejection.

(20) PROGRESS PAYMENTS:

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

2) 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.

3) 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.

4) The Contractor shall be paid the remaining amount due upon completion and acceptance of all work under this contract.

(a) PROMPT PAYMENT INFORMATION: 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 date is:

1. On the later of:

(i) For invoices that are mailed, the date a proper invoice is received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web-based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(iii) The seventh day after the date on which the property is delivered or performance of the services is completed; unless—

a. The agency has accepted the property or services before the seventh day in which case the acceptance date must 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…