70Z08525QIBCT0011 - HICKORY UNPLANED DD Combined Synopsis Solicitation.pdf

70Z08525QIBCT0011

USCGC HICKORY UNPLANNED DRYDOCK

COMBINED SYNOPSIS/ SOLICITATION

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart12.6, supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a separate written solicitation will not be issued.

The solicitation is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC

2025-03 effective 17 January 2025. This requirement is being solicited as a Full and Open competition using FAR Part 12 Acquisition of Commercial Items and FAR 13.5 Simplified

Procedures for Certain Commercial Items and certain aspects of FAR Part 15. The NAICS Code is

336611 – Ship Repair with a small business size standard of 1,300 employees. The solicitation number is 70Z08525QIBCT0011.

SCHEDULE OF SUPPLIES/SERVICES: See Attachment 1.

DESCRIPTION OF WORK: The contractor to provide all necessary materials, equipment, personnel as necessary to perform dry-dock repairs to the U.S. Coast Guard Cutter HICKORY (WLB 212) is a

225’ Oceangoing (Juniper-Class, “B” Class) Buoy Tender, all in exact accordance with this solicitation and the attached specification. See Attachment 2.

CONTRACT TYPE: This solicitation is a request for quotes (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.

CONTRACT PERIOD OF PERFORMANCE: The performance period for this requirement starts on or about 3 June 2025 and with a projected end date on or about 17 June 2025.

PLACE OF PERFORMANCE: Contractors Shipyard.

CUTTER’s Home Port Position: USCG Sector Key West 100 Trumbo Road, Key West, FL. 33040

QUESTIONS: It is strongly encouraged to submit questions regarding this solicitation by 16 May

2025 at 4:00 PM EST to allow adequate time for response. After this date further requests may not be accepted due to time constraints. Submit questions to Iran.N.Walker@uscg.mill using Attachment 4 -

Request for Clarification.

QUOTATION DUE DATE: Your quotation must arrive no later than May 20, 2025, at 4:00 pm

Eastern Time; Quotations should be sent via electronic mail (e-mail) to Iran.N.Walker@uscg.mil.

ANTICIPATED AWARD DATE: The anticipated date of award is on or by May 27, 2025.

mailto:Iran.N.Walker@uscg.mill mailto:Iran.N.Walker@uscg.mil

FAR Clauses In By Reference

FAR 52.204-7 System for Award Management (Provision) NOV 2024

FAR 52.204-13 System for Award Management Maintenance OCT 2018

FAR 52.209-2

Prohibition On Contracting With Inverted Domestic Corporations—Representation (Provision)

NOV 2015

FAR 52.212-1

Instruction to Offerors- Commercial Items (Addendum below)

SEP 2023

FAR 52.212-4

Contract Terms and Conditions- Commercial Products and Commercial Services.

NOV 2023

FAR 52.215-20

ALT IV

Requirement for Cost and Pricing Data or Information

Other Than Cost or Pricing Data

NOV 2021

FAR 52.217-5 Evaluation of Options JUL1990

FAR 52.223-3

Hazardous Material Identification and Material Safety Data I

FEB 2021

FAR 52.223-12

Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

MAY 2024

FAR 52.228-5 Insurance – Work on a Government Installation JAN 1997

FAR 52.232-18 Availability of Funds APR 1984

FAR 52.232-40

Providing Accelerated Payment To Small Business Subcontractors

MAR 2023

FAR 52.242-2 Production Progress Reports APR 1991

FAR 52.242-15 Stop Work Order AUG 1989

FAR 52.245-1 Government Property SEP 2021

FAR 52.245-9 Use and Charges APR 2012

FAR Clauses in Full Text

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

(NOV 2023)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation

(FAR) 3.900 through 3.905

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.900 through 3.905

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

(End of Clause) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/3.905#FAR_3_905 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/3.905#FAR_3_905

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN FOR

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

(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 of 2018 ( 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)(1)(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)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

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

FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4817&num=0&edition=prelim https://www.acquisition.gov/far/4.2104#FAR_4_2104 https://www.acquisition.gov/far/4.2104#FAR_4_2104

(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 to the Contracting

Officer, unless elsewhere in this contract are established procedures for reporting the information; 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 Contracting Officer for the indefinite delivery contract and the Contracting Officer(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 (d)(1) 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 products or commercial services.

(End of clause)

FAR 52.211-11 – LIQUIDATED DAMAGES – SUPPLIES, SERVICES, OR RESEARCH

AND DEVELOPMENT (SEPT 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $500.00 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default – Fixed-Price

Supply and Service clause, the Contractor is liable for liquidated damages accruing until the

Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default – https://dibnet.dod.mil/ https://dibnet.dod.mil/

Fixed-Price Supply and Service clause in this contract.

(End of Clause)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (SEP 2023)

All pages in the quote shall be numbered and identified with the quote’s name and RFQ Number

Subsequent revisions should be similarly identified to show revision number and date.

A. REQUIRED DOCUMENTS:

Each quoter shall furnish the information required by the solicitation, which includes:

1. Cover letter with quoter’s address, Unique Entity ID (UEI) and other information completed.

2. Signed Amendments, as applicable

3. Attachment 1- Section B Schedule of Supplies/ Services filled out with a cost associated with each work item (CLIN), to include labor.

4. Past Performance Documentation (Attachment 3)

5. Small Business Self Certification for applicable set-aside (i.e. HUBZone).

6. Welding Certifications and Procedures shall include procedures, welder certs, and continuity log.

7. Drydock Certification

8. Proof of Insurance (Statement of Coverage from current Insurance carrier).

9. List the names of ALL Sub-Contractor’s that your company intends to subcontract for the CLIN Item(s) listed in the Schedule of Supplies/Services.

10. If applicable, ALL Technical Representative Certifications for BOTH prime and subcontractors as specified in the specification.

11. Completed FAR 52.212-3 Offeror Representations and Certifications-- Commercial

Items.

12. Acknowledgement that your firm is in compliance Section 889 - Prohibition on Certain

Telecommunications and Video Surveillance Services or Equipment – as potential contractors may not sell or use. This may limit the competition pool or vehicle used as you review potential contractors' representations and certifications. See Section 889 Job Aid.

FAR Clause 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (AUG

2020)(Deviation 20-05) and FAR Clause 52.204-25 Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment (AUG 2020)(Deviation

20-05)

B. EVALUATION FACTORS

Award will be made to the quoteror whose quote is in response to the Solicitation that is determined to be

Lowest Price Technically acceptable to the United States Coast Guard.

Factor Title Page Limit

I Price None

II Technical None

III Past Performance 5 Pages

FACTOR I: PRICE

Complete Attachment 1 with prices for all CLINs.

The Offeror must also submit the following detailed information to support the pricing offer if requested, in

Addition to completing Schedule B of the solicitation.

Offerors may use their own format for the information required below but it must be easily read and comprehended and identified by individual work item (eg. D-01, D-02):

1. Breakdown for each work item:

(a) Direct labor cost by labor hours and proposed hourly rate(s);

(b) Materials; Subcontracts; Equipment; Other Direct Costs; and Profit, if listed separately -- individually identifying any items which are $500 or greater.

2. Provide a listing by subcontractor with the following information:

(a) Identification of each proposed subcontractor (name, address, phone number) and his small business status.

(b) A brief description of the service or supply, by work item, to be furnished and the proposed price for each.

(c) An explanation of why and how the proposed subcontractor was selected including the extent of competition obtained.

FACTOR II: TECHNICAL

1. Provide the technical documents listed in A. Required documents 6 thru 10.

2. Provide Resumes for the Following Technical Representatives:

FACTOR III: PAST PERFORMANCE

The offeror shall identify at least two (2) but no more than four (4) relevant (in terms of scope/size of construction, overhaul, repair and alteration of ships)) and recent federal, state or local government or private contracts performed during the last three (3) years. Offeror shall submit past performance information on Attachment 3- Past Performance Information Form.

Email submission shall not exceed 10 MBS.

PLEASE NOTE: QUOTES THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS MAY BE

CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED.

(End of Provision)

FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made to the offeror whose quote, in response to the Solicitation, is determined to be the best value to the Coast Guard. The following factor shall be used to evaluate the offer:

Factors:

1. Price

2. Technical

3. Past Performance

The lowest price technically acceptable selection is the best value expected to result from the offeror of the lowest evaluated price and technically acceptable proposal.

Factor 1: Price

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: .

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 position of USCG Coast Guard Sector Key West, 100 Trumbo Road, Key West, FL. 33040 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 N/A for this unplanned drydock.

(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 is N/A for this unplanned drydock.

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 zero (0) homeport visit(s) during the performance of this contract. The vessel has zero

(0) 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 no transportation cost for one (1) Contracting Officer's

Representative (COR) for round trip(s) between the contractor's offered place of performance and the

COR's official duty station Cleveland, OH, at the cost of coach-type airfare. If the contractor’s facility is less than 50 road miles from the CORs official duty station Santa Rita, GU. COR Homeport Travel will not apply.

(ii) COR Per Diem: There will be a per diem expense for 90 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 New Orleans, LA.

COR Per Diem will not apply.

Factor 2: Technical

1. Provide the technical documents listed in A. Required documents 6 thru 10.

2. Provide Resumes for the Following OEM authorized/licensed Technical Representatives: (a) Rolls

Royce (formerly Bird Johnson) (b) Qualified Tech Rep, for thruster unit ( bow and stern), overhaul, bow thruster unit seals, renew and thruster unit bearings, renew.

An evaluation rating of Technically Acceptable/Non-Acceptable will be assigned upon completion of the technical submittal evaluation. If the Offeror receives a technical rating of “Non-Acceptable” they will not be considered for award.

Rating System for Technical Evaluation Factor

Rating Definition

Acceptable

Factor 1. Submittal meets the requirements of the solicitation, specification, and standard specifications.

Factor 2. Proposal meets the requirements of the solicitation and fully details plan to Dry-Dock the Tender and Barge, and absorb 20% of

Growth work

Non-acceptable

Factor 1. Proposal does not meet the requirements of the solicitation, specification, and standard specifications.

Factor 2. Proposal does not meet the requirements of the solicitation and doesn’t provide a detailed p plan to Dry-Dock the Tender and

Barge, and absorb 20% of Growth work

Factor 3: Past Performance

The past performance evaluation will take into account the guidelines outlined at FAR 15.305(a)(2) Past

Performance Evaluation. The Contractor’s past performance will be evaluated according to the following:

Past Performance Quality Ratings

Rating Description

Exceptional Performance met contractual requirements and exceeded many to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

Very Good Performance meets contractual requirements and exceeds some to the Government's benefit. The element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were effective.

Satisfactory Performance meets contractual requirements. The element being assessed contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory

Marginal Performance does not meet some contractual requirements. The element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions

Unsatisfactory Performance does not meet most contractual requirements, and recovery is not likely in a timely manner. The element being assessed contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

Neutral The offeror has no past performance history OR the Contracting Officer has determined that the past performance information provided is not directly related or similar to the requirements in the RFP.

In evaluating Contractors past performance, the government intends to also review U.S. Coast Guard

Contractor Performance Assessment Reports and other existing past performance ratings on relevant contracts. For purposes of this solicitation, “relevant contracts” are defined as contracts performed in the three years preceding the date of this solicitation in which the contractor was the prime contractor performing construction, overhaul, repair and alteration of similarly sized ships/ vessels. Past performance ratings for contracts that were completed more than three years before the date of the issuance of this solicitation are not considered relevant and will not be evaluated. General trends in a Contractor’s performance will also be considered. Vendors lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance but will be assigned a Neutral rating.

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).

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

52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES. (MAY 2024) Alternate I (FEB 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part

127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52222-44-fair-labor-standards-act-and-service-contract-labor-standards-price-adjustment#id1989I600I4C http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim https://www.acquisition.gov/content/52222-21-prohibition-segregated-facilities?req=granuleid%3AUSC-prelim-title6-section395&num=0&edition=prelim manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.” Sensitive technology”—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International

Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

https://www.acquisition.gov/content/52222-51-exemption-application-service-contract-labor-standards-contracts-maintenance-calibration-or-repair-certain-equipment-requirements?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3?req=granuleid%3AUSC-prelim-title38-section101&num=0&edition=prelim

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) (b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph

(b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in

SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at

FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation

(including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR

4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3#i1060550 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1121876 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1121876

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB

Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the

WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small

Business Administration, and no material changes in ownership and control, principal office, or

HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part

126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR

Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:

.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor

(41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C.