70Z08524RIBCT0006_ WTGB 140 DD IDIQ Solicitation.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

70Z08524RIBCT0006

TABLE OF CONTENTS:

1. Listing of Incorporated Purchase Requisitions

2. Section B - Supplies or Services and Prices/Costs

3. Section C - Description/Specifications/Work Statement

4. Section D - Packaging and Marking

5. Section E - Inspection and Acceptance Terms

6. Section F - Delivery or Performance

7. Section G - Contract Administration Data

8. Section H - Special Contract Requirements

9. Section I - Contract Clauses

10. Section J - List of Documents, Exhibits, and other Attachments

11. Section K - Representations, Certifications, and Other Statements of Offerors

12. Section L - Instructions, Conditions and Notices to Offerors

13. Section M - Evaluation Factors for Award

1. Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

2. Section B - Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 Base Year 30Apr 2024 – 29 Apr

1 EA

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

Purchase Requisitions

IDC Type: Not Applicable

Supplies/Services Quantity Unit

0002 Option Yr. 1 30Apr 2025 – 29 Apr

1 EA

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

Supplies/Services Quantity Unit

0003 Option Yr. 2 30Apr 2026 – 29 Apr

1 EA

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

Supplies/Services Quantity Unit

0004 Option Yr. 3 30Apr 2027 – 29 Apr

1 EA

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

Supplies/Services Quantity Unit

0005 Option Yr. 4 30Apr 2028 – 29 Apr

1 EA

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

Clauses incorporated by reference

None

Clauses incorporated by full text

B.1 GENERAL

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Base Year 6 January 2025 – 5 January 2026

Each

Option Yr. 1 6 January 2026 – 5 January 2027

Option Yr. 2 6 January 2027 – 5 January 2028

Option Yr. 3 6 January 2028 – 5 January 2029

Option Yr. 4 6 January 2029 – 5 January 2030

TOTAL

TOTAL PROPOSED PRICE FOR CLINS 0001 THROUGH 0005 $__________________

(End of Section B)

3. Section C - Description/Specifications/Work Statement

SECTION C: DESCRIPTION AND SPECIFICATION

C.1 GENERAL

(a.) The Contractor shall furnish all necessary labor, material, services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified, to perform dry- docking, repairs, emergency repairs and alterations to the WTGB 140' Inland Ice Breaker Tugs & assigned 120' BARGES, in accordance with this solicitation and J-2 & J-3 Attachment - Specifications Rev-0 dated 26 & 27 October 2023.

(b.) Failure to read the specifications in their entirety will not relieve the proposal from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offerors risk.

(c.) The Indefinite Delivery Indefinite Quantity (IDIQ) contract will contain a base year and four (4) one-year option periods for a maximum of five (5) years.

(d.) Every contract awarded under this acquisition will reflect the aggregate Multiple Award Task Order Contract (MATOC) ceiling of $$26,271,876.00. The minimum guarantee is anticipated to be $10,000.00 per contract. The minimum per order is $1,000,000.00 and maximum per order is $3,500,000.00.

This is a solicitation for commercial services prepared in accordance with the elements of FAR Part 15 as supplemented with additional information included in this notice. Solicitation 70Z08524RIBCT0006 is issued as a Request for Proposal. This Request for Proposal incorporates provisions and clauses in effect through Federal Acquisition Circular 2024-05, effective 22 May 2024. This requirement is being solicited as a 100% Small Business set-aside using FAR Part 12, Acquisition of Commercial Items and FAR Part 15, Contracting by Negotiation. The NAICS Code applicable to this procurement is 336611, with a size standard of 1,300 employees. To receive an award, the Contractor must be registered in the System for Award Management (SAM) www.sam.gov.

The Surface Forces Logistics Center (SFLC) intends to award IDIQ MATOC contracts for District 1 and District 9 that shall be in effect from the date of the award until five years thereafter for the services to provide all necessary facilities, materials, equipment and personnel to perform a dry-dock, repairs, and emergency repairs to US Coast Guard Cutter WTGB 140' Inland Ice Breaker Tugs & assigned 120' BARGES. The $26,271,876.00 is a shared ceiling among all awardees.

The vessels homeports are listed in the following tables.

TABLE 1: WTGB-140 HOMEPORTED IN DISTRICT 1

WTGB-140 Name

Locati on

CGC PENOBSCOT BAY

BAYO

NNE,

NJ

CGC STURGEON BAY

BAYO

NNE,

NJ

CGC THUNDER BAY

ROCK

LAND,

ME

TABLE 2: WTGB-140 GREAT LAKES HOMEPORTED IN DISTRICT 9

WTGB-140 Name

Locati on

CGC BISCAYNE BAY

ST

INGAC

E, MI

CGC BRISTOL BAY

DETR

OIT,

MI

CGC KATMAI BAY

SAUL

T

STE

MARIE

, MI

CGC MOBILE BAY

STUR

GEON

BAY,

WI

CGC MORRO BAY

CLEV

ELAN

D, OH

CGC NEAH BAY

CLEV

ELAN

D, OH

It is necessary to limit District 1 WTGB 140' tugs and 120' barges to those Drydock facilities outside of the Great Lakes. The reason for this is that St. Lawrence Seaway Locks and Channels close for 90 to 120 days during the icing season, which prevents re-entry/exit of District 1 and District 9 cutters if awarded to Drydocks inside/outside of the Great Lakes. Not only does award within the Great Lakes increase transit time and operational costs, but the inability of these cutters to depart the Great Lakes should their drydocks be extended and the lock be closed could lead to loss of critical ice-breaking operations.

Great Lakes (District 9) 140' WTGB tugs and 120' barges be limited to only those commercial drydock facilities within the Great Lakes. The consequence of award for District 9 cutters to Drydock facilities outside of the Great Lakes would be increased transit time, increased transit/operational costs, and loss of asset availability to perform critical ice-breaking operations on the five Great Lakes should a Drydock be extended and the cutter/barge not transit through the locks prior to closure.

Services purchased under the resulting contracts will be purchased via issuance of firm fixed priced Task Orders.

Contractor's proposal submitted in response to this solicitation shall be valid for 120 calendar days from the closing date of the solicitation.

C.2 SCHEDULE OF SUPPLIES AND SERVICES:

See Attachment 1 for detailed schedule of supplies. The offeror shall complete the Attachment 1- Schedule of Supplies and Services for each performance period (Base Year – Option Year 4) and return with their completed proposal in compliance with the Specification (Attachment 2) in the solicitation.

C.3 TASK ORDER (TO):

(a) Task orders will be issued in accordance with FAR Clause 52.216-18 Ordering and will be competed among all IDIQ holders for applicable Districts.

(b) A task order is the contractual instrument issued by the Government to the Contractor for services placed against an established contract. The Government reserves the right to issue task orders unilaterally on Order for Supplies or Services Form, OF 347. Task Orders will be emailed.

(c) Modifications to task orders may be required. Modifications are issued pursuant to specific standard clauses contained in the basic contract or the task order.

(d) FAIR Opportunity Considerations: TASK ORDERS

1.) Awardees in the applicable District of the cutter will be afforded a fair opportunity to compete at the task order level.

Awardees competing at the task order level will have an opportunity to specify the contract pricing in place for that ordering period as applicable for the proposed task order or decrease applicable work item pricing. No increase in work item pricing will be permissible. The only time it may be necessary to deviate from the fair opportunity procedures is if an emergency situation arises that would not permit the cutter to travel to the contractors drydock facilities due to the critical nature or severity of the emergent work to be performed.

Upon issuance of a new Task Order Request for Quote (RFQ), Awardees will receive an email notification detailing a new Task Order requirement. The email will identify the following:

a. Coast Guard Cutter and Barge Homeport

b. Work Items expected to be awarded

c. Task Order Period of Performance

d. Foreseeable Cost Factors

e. Any other miscellaneous information relevant to the applicable Task Order

f. Response Date

Upon receipt of a new Task Order RFQ email, if the contractor's dry dock facility is not available during the specified period of performance, please respond with a "No proposal response due to unavailability of dry dock facility."

If mailed, a task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

2.) In providing awardees a fair opportunity to be considered for each Task Order, the contracting officer shall consider the following factors:

(a.) Price will be the primary determining factor for Task Order award

(b.) Ability to comply with the Period of Performance

(c.) Past Performance on earlier task orders

Contractors competing for award of Task Orders may reduce prices by quoting lower prices than awarded under their Contract.

C.4 Task Order Evaluation:

(a) The total evaluated price of the offeror will be determined by totaling the proposed prices of all the Definite, Option Items, plus the composite labor hour extended total. While Option Items and the composite labor hour rate, are included in the total evaluated price, it is for evaluation purposes, and therefore may or may not ultimately be awarded during contract performance.

(1) DEFINITE ITEMS: These are the items, which, if there is an award at all, will be awarded. The bid shall be evaluated to include the price for each definite item.

(2) OPTION ITEMS: These are the items, which, if there is an award at all, may be awarded upon completion of open and inspect, or if additional funds become available, of if they are needed. The offer shall be evaluated to include the price for each option item.

(3) COMPOSITE LABOR HOUR RATE: The offer shall be evaluated to include the offer price for the Composite Labor Hour Rate multiplied by the estimated quantity of hours.

(4) LAY DAYS: A lay day is defined as an additional day on a dry dock or marine railway caused by a Government-issued change. The Contracting Officer will evaluate the daily rate for lay days multiplied by the estimated quantity of lay days as stated in the offeror's Schedule of Services/ Supplies.

(5) FORESEEABLE COSTS: The Contracting Officer will evaluate certain foreseeable costs that will vary with the location of the commercial shipyard to be used by bidders/offerors under this solicitation. Costs will be calculated based on the bidder's/offeror's shipyard location and these costs will be added, for the purposes of evaluation only, to the bidder's/offeror's overall price.

The offeror's price shall represent the best price in response to the request for quotes. The price shall be evaluated to determine fairness and 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.

(b) Options. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

DISTANCE FACTOR ADJUSTMENT

Price related factors in the award of vessel repair contracts, foreseeable costs in connection with the differences of shipyard locations in the award of any vessel repair contract conducted away from the vessel's home pier shall be evaluated in all solicitations for contracts exceeding $100,000.

LOCATION OF OFFEROR'S COMMERCIAL SHIPYARD

In order for the Contracting Officer to evaluate certain foreseeable costs to the Coast Guard that will vary with the location of the commercial shipyard to be used by the offeror, the offeror is required to provide, in the space below, the exact location of the shipyard to be used to perform the services required under this solicitation. The offeror is cautioned that its failure to provide the location of its commercial shipyard in the space provided may result in its quote being declared nonresponsive under the provisions of the terms of this Request for Quote.

Name and Location of Shipyard Dry-Dock Facility: __________________

FORESEEABLE COST FACTORS PERTAINING TO DIFFERENT SHIPYARD LOCATIONS

The Contracting Officer will evaluate certain foreseeable costs to the Coast Guard. Those costs will vary based on the location of the offeror's shipyard and are added to the offeror's overall bid price or price quote for the purposes of evaluation only.

These elements of foreseeable costs consist of the following:

(1) Transit Cost:

(i) Vessel operational cost will be calculated based on one round trip from the vessel's homeport to the contractor's facility.

Distance will be based on the NOAA publication, "Distance Between U.S. Ports" or other authority (in order of priority), including Army Corp of Engineers or U.S. Navy transit publications, if the shipyard location is not contained in the NOAA publication. Transit cost to navigate the vessel between its homeport and the contractor's offered place of performance is ($ ) per nautical mile. The number of nautical miles to transit between the offerors shipyard and the vessel's homeport will be multiplied by the operational cost.

(2) Family Separation Allowance & Homeport Travel:

Crew members with dependents residing within the area of the homeport are entitled to Family Separation Allowance and Homeport Travel Allowance whenever a vessel is overhauled outside of the area of the homeport. The area of the homeport is defined as the area within 50 road miles of the homeport. If the contractor's facility is outside of a 50-road mile radius of the vessel's homeport—

(i) Family Separation Allowance for personnel in accordance with Family Separation Allowance listed under DFAS.mil; Pay & Allowance; Family Separation Allowance for XX crew members entitled to Family Separation Allowance $8.33 per day. This entitlement is calculated from the date that the vessel leaves the home port to transit to the offeror's shipyard and the planned date of return to home port after completion of repairs or equipment installation. If the contractor's facility is less than 50 road miles from the cutter's homeport, Family Separation allowance will not apply.

(ii) Homeport Travel. Crew's transportation during overhaul away from home port, as required by 37 USC 406 b and Chapter 7, Part F1 of the Joint Federal Travel Regulations (JFTR), on the thirty-first (31) day of a vessel being away from home port, and every sixty (60) days thereafter, all personnel with dependents residing in the area of the home port will be provided round trip coach type airfare to the vessels home port. There will be two (X) homeport visit(s) during the performance of this contract. The vessel has XX crewmembers eligible for Homeport Travel. Airfares will be based on the GSA City Pairs contracted Government YCA Fare (or successor GSA fare source) in effect at the time of receipt of quotes. If there is no GSA contracted rate between the location of the contractor's shipyard and the homeport the rate will be computed based on commercially available airfares. If the contractor's facility is less than 50 road miles from the cutter's homeport, homeport travel will not apply.

(3) Travel and Per Diem Costs:

(i) COR Homeport Travel: There will be a transportation cost for one (1) Contracting Officer's Representative (COR) for XX round trip(s) between the contractor's offered place of performance and the COR's official duty station at the cost of coach-type airfare. If the contractor's facility is less than 50 road miles from the CORs official duty station, COR Homeport Travel will not apply.

(ii) COR Per Diem: There will be a per diem expense for XX calendar days to support one (1) COR while in the city of the place of contract performance, to be determined in accordance with the Joint Federal Travel Regulations (JFTR). The cost of car rental for the estimated performance period will also be included. If the contractor's facility is less than 50 road miles from the CORs official duty station COR Per Diem will not apply.

PRE-AWARD SURVEY

Prior to a contract being awarded a Pre-Award Survey may be conducted by the US Coast Guard Quality Assurance Team.

The survey is used as an indication if a contractor has the qualifications to do the work and that the contractor's facilities are certified under US Coast Guard specifications. Areas of interest on this survey may include, but are not limited to the following:

1.. Performance Plans

2. Quality control or contractor quality assurance Plans

3. Personnel recruitment and training plans

4. Workload factors for manpower utilization

5. Management plan for handling peak workloads

6. Production capability

a. Plant facilities and equipment

b. Purchasing and subcontracting

c. Labor resources

d. Performance record

e. Ability to meet delivery schedules

f. Ability to perform production work in accordance with the specifications.

7. Environmental/energy considerations

8. Plant safety

9. Technical and/or professional abilities

10. Accounting systems

11. Security clearance

12. Government property control

Offerors are advised that accomplishment of this survey is a part of the evaluation process and is not to be construed as an indication that an offeror will receive or is in the best position to receive the resultant award.

(b) Options. The Government may determine that an offer is unacceptable if the option

Prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

(d) EXCEPTIONS: Awardees need not be given an opportunity to be considered for a particular order, if the Contracting Officer determines that:

(i.) The agency need for such supplies or services is of such urgency that providing such opportunity would result in unacceptable delays. An emergent situation that would not permit the cutter to travel to the contractor's dry dock facilities due to the critical nature or severity of the emergent work to be performed is applicable to this exception, as well as, mitigating costs to transport a disabled cutter.

(ii.) Only one such contractor is capable of providing such supplies and/or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(iii.) The order should be issued on a sole source basis in the interest of economy and efficiency as a logical follow-on order already issued under this contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(iv.) It is necessary to place an order to satisfy a minimum guarantee.

C.5 CONTRACT PERIOD OF PERFORMANCE:

This contract shall be in effect from the date of the award through 12 months with four 12-month option periods. Task order period of performance will be stated on the order.

• Base Period: 6 January 2025 thru 5 January 2026

• Option Period 1: 6 January 2026 thru 5 January 2027

• Option Period 2: 6 January 2027 thru 5 January 2028

• Option Period 3: 6 January 2028 thru 5 January 2029

• Option Period 4: 6 January 2029 thru 5 January 2030

The period of performance for the contract(s) is 6 January 2025 thru 5 January 2030 if all options are exercised.

C.6 PROPOSAL DUE DATE:

Proposals must arrive no later than 21 October 2024 4:00 PM EST. Proposals are valid for 120 days after submittal date.

C.7 GENERAL INFORMATION:

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.

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, using its own propulsion, 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 XX feet and a minimum vertical clearance of XX feet.

ACCESS TO VESSEL

(a) A reasonable number of officers, employees, and associates of the Government, or other prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis. Work hours for the vessel will be discussed at the Arrival Conference. Any work performed outside of those hours will be allowed at the sole discretion of the Contracting Officer.

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

(b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security.

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 offeror on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.

GROWTH WORK

(a) The Contractor shall not perform growth work without the Contracting Officer's authorization. Growth work is work within the scope of the contract, which has not been previously priced as a pre- priced CLIN. The Contracting Officer reserves the right to contract for growth work on the basis of a negotiated, firm, fixed price, when it is in the best interest of the Government. If a firm-fixed price contract is awarded, and during the performance period a repair within scope is identified but the Contracting Officer and Contractor are unable to agree on the cost of the work, a bilateral modification may be incorporated into the contract using a Time and Materials modification for this specific repair.

(b) The Contractor shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer, of any proposal submitted for a contract modification. Unless otherwise directed, the breakdown shall be submitted on an SFLC 002 proposal form provided at the arrival conference permitting an analysis of all materials, labor, equipment, subcontract, overhead costs, and profit covering all work involved in the change/modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the proposal includes a request for a time extension, justification shall be furnished with the proposal.

(c) This clause is to be used in conjunction with the clause COMPOSITE LABOR RATE incorporated into this solicitation.

The Contractor is required to have and/or furnish all tools and equipment incidental to each bench trade. Supplies such as wiping rags, hacksaw blades, sandpaper, welding wire, helium, etc., are also to be furnished by the Contractor and shall be included in the Composite Labor Rate. Other materials are to be charged at regular rates and prices currently in effect and as agreed to by the Contracting Officer. Material shall be best commercial quality available except where a precise specification is indicated in which case the specification shall apply, e.g., MILSPEC, FEDERAL SPEC.

DISCOVERIES AND CHANGES TO CONTRACT:

Change 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:

Change Request Process will occur in the following order:

1. Condition Found Report (CFR)-Generated by the Contractor and provided to COR

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

3. Change Request- CR and IGE are generated by the COR and forwarded to KO

4. COR provides copy of Change Request to the Contractor

5. Contractor's Proposal- Provided to the KO for the identified tasking on WR

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

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

8. Modification to Contract- The KS/KO will issue a modification covering all CR's

In order to determine price reasonableness: All change requests that list sub-contracting and/or material must have a written proposal from the sub-contractor or the company providing the material with complete, detailed information (listing number of hours/price per hour; each part/component & associated cost; and an estimated shipping cost).

Condition Found Report, Change Orders will be transmitted electronically by using email. The below display the process of how these documents are to be followed for the duration of the contract performance period:

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

Promptness in taking and reporting readings is particularly important for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the contractor which is considered abnormal for reasons of safety, expected reliability, health, or habitability. These conditions must be brought to the attention of the Coast Guard using a CFR. Details provided by the Contractor in a CFR are important because the CFR may result in a contract change. To speed the contract change progress, the Contractor should include in his/her CFR the following details as a minimum:

(i) A sequential number.

(ii) The contract item which the "CFR" relates to.

(iii) A clear statement, definition, and description of the condition found, including but not limited to frame numbers, part numbers, materials and dimensions as appropriate.

(iv) A proposed or recommended repair to correct the defective condition.

(v) Indicate whether the report requires Cost Guard action, or if it is provided "for info" only. If action is required, indicate the response time required by the Coast Guard and whether or not a contract extension would be needed if the additional work is authorized.

(vi) A space on the form for the Coast Guard to make comments.

(vii) All CFR's will be dated, submitted, and signed by a representative of the Contractor. Contracting Officer's Representative (COR) will respond to the Contractor's within 24 hours of receiving a Condition Found Report. A copy of ALL condition found reports shall be retained in the Cutter's file.

Change Requests must be submitted by the COR to the contractor within 24 hours after responding to the CFR. Contractor must submit proposal to the Contracting Officer within 72 hours receipt of the Change Request.

A modification will be issued to incorporate and implement all approved changes. COMPOSITE LABOR RATE:

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

(a) The composite labor hour rate shall represent total compensation for the following:

(1) direct labor wages and salaries;

(2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;

(3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;

(4) all indirect costs such as overhead and general and administrative expense;

(5) any port or association fees, rents, or other levies;

(6) profit (fee);

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

Supervision and Management

Planning and Estimating

Material Handling

Housekeeping

Engineering

Transportation/Drivers

Quality Assurance

Contract Administration

Security Guard

Testing

Firewatch

(8) all consumables;

(b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated.

(c) The Quantity of Composite Labor hours indicated in the Schedule of Supplies/Services, is only an estimate and is an Optional Item pursuant to this solicitation. The Estimated Quantity represents the Government's best estimate of the total number of additional hours that may be required throughout the contract. The Government may elect to exceed this value at the prices stated in the schedule and its discretion during performance of the contract. The inclusion of this item does not obligate the Government to exercise the item nor entitle the Contractor to compensation if not exercised.

MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT PROPERTY IN THE PERFORMANCE OF A SHIP

REPAIR CONTRACT

1. The Government Property Clause incorporated by reference delineates the Contractor's overall responsibility when taking possession of government property in performance of a contract. In performance of this contract the Contractor will be required to properly identify, track and control property within its possession. This includes, a) property furnished by the government (GFP) to the Contractor in conjunction with specific CLIN Items. These items and their values are listed in the specification, b) property that is pre-existing in a location that during the course of performance will be replaced or renewed.

2. The items listed in the specification, as government furnished property will be provided in the quantities designated.

Government furnished property may be provided in person by an official Coast Guard employee, shipment via commercial carrier, etc. The Contractor shall sign for all government furnished property using either a DD Form 1149, entitled, "Requisition and Invoice/Shipping Document" or a DD Form 1348, entitled, "Issue Release/Receipt Document". A copy of the DD 1149 or DD 1348 must be sent within 48 hours of receipt of property, to the designated Government Property Administrator. The name of the individual assigned as Property Administrator will be furnished to the Contractor at time of award. The Contractor shall not take receipt of property that is not listed in the specification, has not been previously identified as becoming part of the contract (via contract modification) or which otherwise cannot be identified. Such irregularities shall be immediately reported to the Property Administrator.

3. The Contractor shall complete the report provided herein, entitled, "Government Property Report". This report is intended as a living document whereby relevant fields shall be filled in, maintained and kept current at all times. All property described in paragraph 1 (a and b) above shall be reported on the report. At contract completion the Contractor and the Property Administrator shall ensure that all fields are appropriately completed. A signature block is provided at the end of the report for both parties to attest to the report's accuracy and completeness. The Government Property Report shall clearly delineate the complete track that all Government property took over the course of the contract. This completed report must accompany the Contractor's final invoice. Final payment may be delayed, without penalty of interest, until such time as the report is received.

A separate copy of the completed report and any final DD 1149s or DD 1348s executed, as a result of carrying out disposition instructions shall be provided to the Property Administrator.

4. Pursuant to the Government Property Clause the authority to render disposition instructions of Government property associated with this contract is delegated to the Property Administrator. The Contractor shall comply with all instructions in the contract for the return of government property to the Coast Guard. This includes government property taken off the vessel (shafts, propellers, etc.), government property returned to the vessel (special tools, etc.) or surplus government property not used during performance of the contract.

CONTRACTING OFFICER'S AUTHORITY

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

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.

COR: CWO Michael Hefty Telephone # (216) 577-1090

E-Mail: michael.c.hefty@uscg.mil

CONTRACTOR PERFORMANCE EVALUATION

(a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror's past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the contract, the Contractor will be notified of the assessment. The Contractor will be allowed 30 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.gov/index.htm.

(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the Contractor's record of conforming to contract requirements and to standards of good workmanship; the Contractor's record of forecasting and controlling costs; the Contractor's adherence to contract schedules, including the administrative aspects of performance; the Contractor's history of reasonable and cooperative behavior and commitment to customer satisfaction; the Contractor's record of integrity and business ethics, and generally, the Contractor's business-like concern for the interest of the customer.

(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the Contractor.

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.

(End of Section C)

4. Section D - Packaging and Marking

SECTION D: PACKING & MARKINGS

Reserved

5. Section E - Inspection and Acceptance Terms

Article Number Reference Text

52.246-4 52.246-4 INSPECTION OF SERVICES-FIXED-PRICE (AUG 1996)

Clauses incorporated by full text

SECTION E: INSPECTIONS & ACCEPTANCE

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.

6. Section F - Delivery or Performance

SECTION F: DELIVERS & PERFORMANCE

DELIVERABLES: Seven days after the issuance of task order, the contractor will generate a legible planning document as outlined in SFLC Standard Specification 0000 (3.2.5) to the KO and COR for a preliminary government review. Fifteen (15) days prior to the start of the performance period, three (3) copies of the planning document will be submitted to the KO and all preceding weekly progress meetings. An arrival conference normally will be held within 48 hours of the scheduled start date.

7. Section G - Contract Administration Data

Requesting Office Address

52000 SFLC IBCT PL

SURFACE FORCES LOGISTICS CENTER USCG

2401 HAWKINS POINT RD

BALTIMORE MD 21226-5000

Phone: 757/718-0231 Fax:

Contact Details:

THOMAS, JOHNNY B

Johnny.B.Thomas@uscg.mil

COR Office Address

52000 COR SFLC IBCT PL

2401 HAWKINS POINT RD

BALTIMORE MD 21226-5000

Phone: 616/970-7773 Fax:

Contact Details:

HEFTY, MICHAEL C.

Michael.C.Hefty@uscg.mil

Issuing Office Address 70Z085 CPD 2 - Norfolk, VA Commander

USCG-SFLC-CPD 2

300 East Main Street, Suite 550 Norfolk VA 23510 Phone: Fax:

Contact Details:

BROWN, Mr. PATRICK D

PATRICK.D.BROWN@USCG.MIL

Payment Office Address

USCG FINANCE CENTER

FINANCE CENTER USCG

1430A KRISTINA WAY

CHESAPEAKE VA 23326-1000

Phone: Fax:

Contact Details:

52.216-32 52.216-32 Task-Order and Delivery-Order Ombudsman (SEPT 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

OPAP@uscg.mil

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

SECTION G: CONTRACT ADMINISTRATION

Notwithstanding the Contractor's responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The individuals listed below will be the Government points of contact during the performance period.

Contract Administration (Contracting Officer): The U.S. Department of Homeland Security, U.S. Coast Guard, Surface Forces Logistics Center, CPD-C&P2-IBCT, 600 E. Mani Street, Norfolk, VA. 23511 will perform all contract administration.

Communications pertaining to contractual administrative matters shall be addressed to the Contracting Officer (KO) or

Contract Specialist (KS) listed below. Changes in, or deviations from, the specification or terms and conditions of the contract shall not be affected without written modification to the contract as executed by a USCG SFLC CPD Contracting Officer.

Contracting Officer: Patrick Brown

Telephone #: (571) 608-6349

E-Mail: Patrick.D.Brown@uscg.mil

Alternate Contracting Officer(s): Any warranted USCG SFLC CPD2 Contracting Officer

Contract Administrator (Contract Specialist): Serves as the point of contact between the Contractor and the Contracting Officer(s); however, this person does not have a warrant that provides the authority to contractually commit the Government.

Contract Specialist: TBD

Telephone #:

E-Mail:

The Contracting Officer's Representative (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.

COR: CWO Michael Hefty

Telephone #:(216) 577-1090

E-Mail: michael.c.hefty@uscg.mil

INVOICE SUBMISSION PROCESS:

1. The Contractor shall prepare a proper invoice IAW FAR clause 52.212-4, and in addition to the information required by FAR

52.212-4(g) as cited in the contract. All invoices shall be itemized to correlate to the Schedule of Supplies/Services.

(A) The Government will make payment under this contract based on a percentage or stage of completion. The Contractor may invoice each contract line item (CLIN) as work progresses. The amount invoiced shall be calculated based on those prices stipulated in the contract Schedule of Supplies/Services as follows:

(B) A CLIN may not be invoiced until the percentage complete reaches 25 percent. Future invoices for that CLIN have no limitation as to the percentage of completion required before invoicing. (The minimum percentage of completion (25%) to be reached prior to billing each CLIN may be waived by the Contracting Officer on a case by case basis for large dollar CLINS.)

(C) In addition to the information required by FAR 52.212-4 (g) Invoices shall include:

1) Contract Number, Delivery Order/Task Order Number, DOC Number

2) Name and Address of the Contractor

3) Invoice Number and Invoice Date

4) DUNS Number

5) Name of the Contract Specialist and Contracting Officer's

6) Invoice Routing Code (IRC): SFLC-2

7) Period of Performance for Work Invoiced

8) Indicate Small Business Status

9) Indicate if Final Invoice, the Contractor's final invoice submitted under the contract must be marked as follows: "THIS

INVOICE CONSTITUTES THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE NO OTHER MONIES ARE DUE

UNDER CONTRACT NUMBER" (to be assigned upon contract award).

10) The percentage of completion for each CLIN identified;

11) Vessel name

12) The overall percentage and dollar amount previously billed, currently billed and unbilled,

13) Shipping and Payment Terms

14) Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice.

All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment.

2. The Contractor shall forward invoices via e-mail:

michael.c.hefty@uscg.mil AND patrick.d.brown@uscg.mil or in person to the Contracting Officer's Technical Representative

(COR).

3. The COR shall review and verify invoices, sign the invoice and return the invoice to the Contractor.

• Invoices for contracts awarded in FY22…