USCGC JAMES DS_FY24 Solicitation Document Rev 1 Updated.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

70Z08524RLREP0001

6. SOLICITATION

ISSUE DATE

15 DEC 2023

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Carlos Stewart

b. TELEPHONE NUMBER (no collect calls) contact via email @ carlos.d.stewart2@uscg.mil

8. OFFER DUE DATE/

LOCAL TIME

21 DEC 2023/

1500 Pacific

Standard Time

9. ISSUED BY CODE 75174

USCG Surface Forces Logistics Center

Attn: Carlos Stewart

1519 Alaskan Way S.

Seattle, WA 98134, US

E-mail: carlos.d.stewart2@uscg.mil

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100%FOR:

SMALL BUSINESS WOMEN-OWNED SMALL

BUSINESS (WOSB)

HUBZONE SMALL NAICS:

BUSINESS ECONOMICALLY DISADVANTAGED 336611

WOMEN-OWNED SMALL (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8(A) 1300

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS (15

CFR 700)

13b.

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See attached Statement of Work

16. ADMINISTERED BY CODE

USCG Surface Forces Logistics Center

1519 Alaskan Way

Seattle, WA 98134 US

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

DUNS No.

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE

USCG Finance Center

1430A Kristina Way

Chesapeake, VA 23326

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 SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The Contractor shall perform the dock side of the USCGC JAMES

(WSML 754) in accordance with this solicitation and the USCGC

JAMES (WMSL 754) Specification for Dockside Repairs

FY2024. The Price Schedule is provided as a separate document.

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 & 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN 1COPIES 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 HEREIN.

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

31a. UNITED STATES OF AMERICA (SINGATURE OF CONTRACTING OFFICER) mailto:carlos.d.stewart2@uscg.mil

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

19.

ITEM

NO.

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:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED

GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK

NUMBER

PARTIAL FINAL

38. S/R ACCOUNT

NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

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

42 a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL

CONTAINERS

Combined Synopsis/Solicitation Solicitation No.: 70Z08524RLREP0001

FY24FQ1 Dockside Repairs of USCGC JAMES (WMSL 754)

CONTINUATION OF SF 1449 – BLOCKS 17a - 25

Block 17a: Offeror shall include company’s name, address and unique entity identifier number.

Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in System for

Award Management (SAM). To receive award Offeror must be registered in SAM (copy and paste www.sam.gov into search engine).

Block 19 through 24: SEE ATTACHMENT 1, Schedule of Supplies and Services (SOSS).

Block 25: ACCOUNTING AND APPROPRIATION DATA: To be included on contract award document.

ALL OFFERORS ARE RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR QOUTES.

SECTION 1 – NOTICE FOR FILING AGENCY PROTESTS

1.1. 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.

https://www.acquisition.gov/far/part-33#FAR_33_103 https://www.acquisition.gov/far/part-33#FAR_33_103 mailto:OPAP@uscg.mil

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.

(End of Section 1)

SECTION 2 – SUPPLIES/SERVICES

2.1. GENERAL INFORMATION

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

Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, Part 13.5, Simplified

Procedures for Commercial Items. This announcement constitutes the only solicitation; Qoute are being requested and a separate written solicitation will not be issued.

No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation either before or after the opening/closing date.

This solicitation is used as a Request for Quotation under number 70Z08524RLREP0001. This solicitation document and incorporated provisions and clauses are in effect through:

• Federal Acquisition Circular 04/2023 effective 02 June 2023.

• Department of Homeland Security Acquisition Regulation (HSAR) effective 31 July 2023.

• Homeland Security Acquisition Manual (HSAM) 2023-10 effective 31 July 2023.

• Coast Guard Acquisition Procedures (CGAP) 2023-01 effective 08 May 2023.

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

The small business size standard is 1,300 employees. This solicitation is issued as a 100% Total Small Business

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

To receive an award, the Contractor must be registered in the System for Award Management (SAM) www.sam.gov.

PLEASE NOTE: QOUTES THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTATION MAY

NOT BE CONSIDERED FOR AWARD.

2.2. SCHEDULE OF SUPPLIES/SERVICES

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

2.3. STATEMENT OF REQUIREMENT

This is a Request For Quotation (RFQ) for the Fiscal Year (FY) 24 Fiscal Year Quarter (FYQ) 1 Dockside

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

FY2024, REV-0 dated 17 November 2023. The scope of work shall include ship repair and associated support work and may include work that is not currently listed as Work Items. A full list of contract line item numbers and items, quantities, and units of measure, is included as Attachment (1), Schedule of Supplies/Services. The

Contractor shall furnish all the necessary labor, material services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified, to perform dockside repairs in accordance with the solicitation, and attached specification. Failure to read the specification in its entirety will not relieve the Offeror from the responsibility for properly estimating the difficulty and/or price of successfully http://www.sam.gov/ performing the work. Failure to do so will be at the Offeror's risk. All Qoutes submitted in response to this solicitation shall stand firm for 60 calendar days from the close date of the solicitation.

2.4. CONTRACT TYPE

This solicitation is a Request For Quotation (RFQ) that will result in the award of a firm fixed price contract solicited under FAR PART 12 and FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items, subject to availability of funds.

2.5 CONTRACT PERIOD OF PERFORMANCE (POP)

Anticipated contract award is on or before 29 December 2024.

The anticipated performance period for the ship repair work is 2 January 2024 - 02 March 2024.

2.6. PLACE OF PERFORMANCE

All work under this contract will be performed onboard the USCGC JAMES. The vessel is moored at 1050

Register St, Charleston, SC 29405.

2.7. REQUEST FOR TECHNICAL PACKAGE

The last day to request the technical package regarding this solicitation is 18 December 2023. After this date, further requests may not be accepted due to time constraints. To request the technical package, contact the

Contracting Specialist. All requests should identify the solicitation number 70Z08524RLREP0001. Some references listed in the Specification, under "Consolidated List of References page iv Attachment (3) are subject to Export Control limitations or have otherwise restricted distribution, and have been deemed "limited access" and

"export controlled" packages. In order to access these documents, offeror must be certified as a US or Canadian contractor by the Joint Certification Program (JCP) administered by the Defense Logistic Information Service

(DLIS). Instructions and procedures for being certified by JCP can be found at:

https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/.

Only those Offerors that have current certification by JCP will be able to be granted explicit access to these packages by the USCG.

Requests for the technical package, to include the Joint Certification Program number and fully completed

Attachment (4), Non-Disclosure Agreement, must be submitted to Carlos Stewart

(carlos.d.stewart2@uscg.mil), Contract Specialist, no later than 1400 Pacific Standard Time (PST) 18

December 2023. Please courtesy copy Contracting Officer Kiya Plummer-Dantzler (kiya.r.plummer-dantzler@uscg.mil ) on the email request.

Reference FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions.

2.8. QUESTIONS

Questions related to the solicitation must be emailed to Carlos Stewart (carlos.d.stewart2@uscg.mil), with a courtesy copy to Contracting Officer Kiya Plummer-Dantzler at kiya.r.plummer-dantzler@uscg.mil, no later than 1400 (PST) 15 December 2023. After this date further requests may not be accepted due to time constraints.

All questions shall be submitted via email using the Request for Clarification Form, Attachment (5), Request for

Clarification Form.

2.9. QOUTE SUBMITTAL PROCEDURES

It is the contractor’s responsibility to submit a responsive package. Reference FAR Clause 52.212-1, “Instructions to Offerors -- Commercial Products and Commercial Services”. Qoutes must be sent via email to the following individuals:

https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/ mailto:kiya.r.plummer-dantzler@uscg.mil mailto:kiya.r.plummer-dantzler@uscg.mil

Contracting Officer Kiya Plummer-Dantzler kiya.r.plummer-dantzler@uscg.mil

Contract Specialist Carlos Stewart carlos.d.stewart2@uscg.mil

A contractor that fails to meet any due date will be considered “late” in accordance with FAR 52.212-1(f).

Follow up emails should be sent by the contractor to ensure Qoute was received. It is strongly recommended that

Offerors follow-up via email in order to confirm with Carlos Stewart, Contract Specialist, that the Qoute and all of its required documentation has been received.

A contractor that fails to provide all the required documentation may be considered to have delivered an incomplete Qoute and may NOT be considered for award.

Contractors are advised that some of the drawings, diagrams, and reports that are provided with this solicitation are for information use only. The USCG does not warrant the accuracy of this information. This is the best information available to the USCG and is provided to the offerors to assist them in preparing their competition

Qoutes.

2.10. QUANTITIES

The quantities shown for all Work Items reflect estimates only.

ITEM DESCRIPTION UNIT QTY

D-001 Tanks (MP Fuel Service), Clean and Inspect

D-001A 5-36-3-F JOB 1

D-001B 4-64-2-F JOB 1

D-002 Circuit Breakers (Draw Out), Inspect and Test JOB 1

D-003 Oily Water Separator (OWS) System, Inspect and Groom JOB 1

D-004 Seawater Strainers, Overhaul JOB 1

D-005 Fuel Oil Piping, Renew JOB 1

D-006 AFFF Bilge Sprinkling Piping, Modify JOB 1

D-007 Fire Prevention, Provide JOB 1

D-008 Stern Door, Repair JOB 1

(End of Section 2)

SECTION 3 – ATTACHMENTS

3.1. LIST OF ATTACHMENTS

Attachment Description

(1) Schedule of Supplies/Services (SOSS)

(2) USCGC JAMES (WMSL 754) Specifications for Dockside Repairs FY2024 (REV-0, 16 May

2023)

(3) Consolidates List of References

(4) Non-Disclosure Agreement Form (NDA)

(5) Request for Clarifications

(6) Government Property Report Form

(7) FLETC Base Access & Pier Lay Down Form

(8) Pier PAPA Load Restriction Clarification Form

(9) Past Performance Information Form

(End of Section 3)

SECTION 4 – CLAUSES

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

INCORPORATED BY REFERENCE

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. Clauses current through FAC 2023-04, Effective 02 June 2023.

Clause No. Clause Title Date

FAC 2023-04 Prohibition on a ByteDance Covered Application JUN 2023

FAR 52.202-1 Definitions JUN 2020

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

FAR 52.203-17 Contractor Employee Whistleblower Rights JUN 2020

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

Paper

MAY 2011

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

Commercial Services

NOV 2023

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 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

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 52.242-17 Government Delay in Work APR 1984

FAR 52.245-1 Government Property (SEPT 2021) Alternate 1 SEP 2021

FAR 52.245-9 Use and Charges APR 2012

FAR 52.246-16 Responsibility for Supplies APR 1984

FAR 52.247-55 F.O.B. Point for Delivery of Government Furnished Property JUN 2003

HSAR 3052.204-71 Contractor Employee Access SEP 2012

HSAR 3052.211-70 Index of Specification DEC 2003

HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003) DEC 2003

HSAR 3052.217-91 Performance. (USCG) (DEC 2003) DEC 2003

HSAR 3052.217-92 Inspection and Manner of Doing Work. (USCG)(DEC 2003) DEC 2003 http://www.acquisition.gov/far/ http://www.acquisition.gov/far/ http://www.dhs.gov/publication/hasr

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

HSAR 3052-217-94 Lay Days (USCG)(DEC 2003) DEC 2003

HSAR 3052.217-95 Liability and Insurance (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

HSAR 3052.217-98 Delays. (USCG)(DEC 2003) DEC 2003

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

(DEC 2003)

DEC 2003

HSAR 3052.217-100 Guarantee. (USCG)(JUN 2006) JUN 2006

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

Work

DEC 2003

HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility DEC 2003

HSAR 3052.222-90 Local Hire JUN 2006

HSAR 3052.223-70 Removal or Disposal of Hazardous Substances-Applicable Licenses and Permits (“30 days after contract award”)(Jun2006)

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

HSAR 3052.247-72 F.O.B. Destination Only (DEC 2003) DEC 2003

4.2. CLAUSES IN FULL TEXT

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.

(End of Clause)

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021).

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

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

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

(DEVIATION 20-05) (APR 2020)

(a) Definitions. As used in this clause-

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

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

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

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

"Covered entity" means-

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

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

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

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

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

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

(c) Reporting requirement.

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

Representative (COR), and the Enterprise Security Operations Center (SOC) at NDAA

Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Page 4 of8 Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

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

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

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(l) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

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

(End of clause)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

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

(a) Definitions. As used in this clause-

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

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

"Covered telecommunications equipment or services" means-

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

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

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

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

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the

Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means-

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

Federal Regulations;

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

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

Regulations, and controlled-

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

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

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

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

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

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

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

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

(d) Reporting requirement.

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

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

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

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

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

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

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

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

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

(End of Clause)

A) CONTRACTING OFFICER’S (KO) AUTHORITY

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. However, the KO may delegate certain other responsibilities to authorized representatives. 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

Kiya Plummer-

Dantzler kiya.r.plummer-dantzler@uscg.mil 206-820-3678

B) CONTRACTING OFFICER’S REPRESENTATIVE (COR)

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

(1) The COR is responsible for monitoring, giving progress reports to the Contract Specialist (KS), and overall technical surveillance of services to be performed under the contract and should be contacted regarding questions or problems of a technical nature. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the Contract between the Contractor and any person other than the KO be effective or binding upon the

Government.

(2) When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the

Contract, the Contractor must promptly notify the KO & KS in writing.

(3) No action will be taken by the Contractor under such technical instruction unless the KO has issued a contractual change/clarification.

(4) The responsibilities of the COR include, but are not limited to, the following:

(A) Serve as the point-of-contact through which the Contractor can relay questions or problems of a technical nature through the KS to the KO;

(B) Be responsible for the inspection and acceptance of the services performed and determining the adequacy of performance by the Contractor in accordance with the terms and conditions of the contract;

(C) Conferring with representatives of the Contractor regarding any non-performance or unsatisfactory performance; following through to assure that all non-performance or unsatisfactory performance is performed/corrected or payment adjustment is recommended through the KS to the KO;

(D) Review and certify invoices in accordance with invoicing instructions of the Contract and maintain a file with copies of these documents;

(E) Advise the KS of any performance problems and make recommendations for corrective action to correct performance issues;

(F) Furnish the KS with any requests for change, deviation, or waiver (whether generated by

Government personnel or Contractor personnel), including all supporting paperwork in connection with such change, deviation, or waiver;

(G) Submit an electronic Contractor Performance Report using the Contractor Performance

Assessment Reporting System (CPARS); within 30 days of contract completion and prior to the exercise of an option year;

(H) Manage Government Furnished Property;

(I) Monitoring contractor employee access and security through established application process for Common Access Cards (CAC); and

(J) Perform oversight of Inherently Governmental and Critical Functions. Ensure relationships between Government personnel and contractors have not evolved into unauthorized personal services or Inherently Governmental Functions.

Contracting Officer’s Representative (COR) Will be provided after contract award.

C) HAZARDOUS WASTE

Contractors performing dockside ship repair work at Government facilities are required to comply with FAR

52.223-3, Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I, the U.S. Coast Guard shipboard hazardous waste policy, as prescribed in COMDINST M16478.1B, and MLCA standard specifications.

Disposal of all hazardous wastes shall be performed by the Contractor and the Contractor shall meet all federal and state requirements. The Contractor is also required to submit an acceptable hazardous waste management plan to the Port Engineer at the Arrival Conference. The plan will be reviewed by the facility hazardous waste manager.

An acceptable plan must address, at a minimum, the following requirements:

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

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

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

(4) Waste collection and containment procedures;

(5) A hazardous material spill and cleanup plan including tools and materials that will be on hand and readily available to facility containment and cleanup;

(6) Training certification for the Contractor’s hazardous waste manager.

The Contractor shall note the local environmental regulations in North Charleston, SC are more stringent than in many jurisdictions. As with all environmental regulations, it is the Contractor’s responsibility to research, prepare for, and comply with, the local and state regulations. The Contractor shall notify the Contracting Officer’s

Representative (COR) 24 hours prior to any waste removals, and ensure that waste removals are conducted during normal business hours (0800-1600) on Monday through Friday (excluding holidays). All hazardous waste manifests shall be reviewed and signed by ISC North Charleston, SC hazardous waste personnel. The point of contact for environmental issues is Mr. Michael J. Wachowski (E: Michael.J.Wachowski@uscg.mil, P: (843) 720-

7703), the Environmental Protection Specialist at ISC Charleston.

D) 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.

E) ACCESS GUIDANCE

mailto:Michael.J.Wachowski@uscg.mil

1) GENERAL

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

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

Training Center (FLETC) in North Charleston, a DHS Facility with stringent access control policies that are often subject to change. This information is “best practice” and not official USCG or DHS policy.

2) FLETC BASE SECURITY

Contractor shall contact the designated Contracting Officer’s Representative (COR) or the Port Engineer (PE) upon contract award to obtain FLETC Security Base Access requirements. The Contractor shall note that it can take up to one month for FLETC Security to process documentation related to Base Access. It is the responsibility of the Contractor to comply with FLETC Base Security measures. It is essential that the base access process begins immediately upon award. Any delays or denied access request will be the sole responsibility of the contractor, not the government. FLETC Security will not grant access to individuals who have not registered with Selective Service, and are required to do so.

3) GAINING ACCESS TO FLETC CHARLESTON

(a) Personnel that possess a valid Government Common Access Card (CAC) are cleared to access FLETC

Charleston. This includes Foreign Nationals.

(b) Contractors without a valid CAC that are U.S. Citizens and seeking access to the FLETC/Federal Complex are required to be issued a FLETC ID Badge. Contractors shall submit completed DHS Form 11000-25 and OF-306

(or updated versions of the aforementioned forms if distributed by the COR following the award of the contract) to the COR on the day the offeror is notified of the award or as soon as possible after award. If the

Contractor is expected to be onsite for 5 days or less, a FLETC Form 121-00-02 may be utilized. This form cannot replace the normal application process if the Contractor will be returning to base multiple times within the same contract period. A single FLETC Form 121-00-02 is authorized per Contractor per contract period. All

Contractors will be subject to fingerprinting and background check.

(c) Contractors that are either foreign born or are a foreign national seeking access to the FLETC/ Federal

Complex, regardless of time frame, must be issued a FLETC ID Badge. Contractors shall submit completed DHS

Foreign National Screening Form 11055, DHS Form 11000-25, and OF-306 and shall provide a copy of their U.S.

Passport, Visa, and/or Naturalization Certificate. This shall be submitted to the COR on the day the offeror is notified of the award or as soon as possible after award. All Contractors born outside the U.S. but are U.S.

Citizens will be required to submit DHS Foreign National Screening Form 11055, DHS Form 11000-25, and OF-

306 and shall provide proof of U.S. Citizenship in the form of a U.S. Passport or Naturalization Certificate.

Contractors that are either foreign born or are a foreign national shall complete fingerprinting regardless of their duration on the cutter.

(d) Arriving at FLETC. Contractors are required to check in at the visitor’s center prior to entering the main gate and 1) Pick up a visitor’s badge, and 2) Complete a parking pass application prior to gaining access to FLETC.

The parking pass shall be completed on-site and requires the contractor to provide a valid license, vehicle registration and proof of insurance. All vehicles are subject to search and FLETC/Federal Complex utilizes 100%

ID Checks. Parking for the JAMES is located at the foot of PIER PAPA. THE CONTRACTOR SHALL NOT

PARK ON THE PIER.

(e) Please note that all individuals that are approved for initial base access are given a 30-day badge. Within those

30 days, each individual must be fingerprinted by either USCG Base Charleston or USCG Sector Charleston.

There is one POC for each CG entity and their contact information will be provided by the Contracting Officer’s

Representative (COR). Upon completion of fingerprinting, the Project Manager shall provide the COR with names of Contractors to be added to the Cutter Access List. Those who fail to get fingerprinted and have their fingerprints positively adjudicated (generally a two-week process) within 30 days of being issued the badge will be denied further access to the base.

4) ACCESS TO VESSEL

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

Conference. Any work performed outside of those hours will be allowed at the sole discretion of the Contracting

Officer.

(b) The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor’s facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance.

All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security.

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

(d) All personnel (active duty military, civilian employees, contractors, etc.) must submit a completed copy of the Access List Spreadsheet. This information is provided to the quarterdeck of the vessel and allows ship’s personnel to maintain visitor accountability. Contractors shall sign in and out at the quarterdeck each day and abide by 100% ID checks. Contractors who are not on the Cutter Access List will not be permitted onboard the cutter.

(e) Access to Secure Spaces on the Cutter. Certain spaces on board the cutter contain classified information and will require proof of security clearance before access is granted.