Amendment_001_70Z08525RLREP0002 BERTHOLF FY25 Solicitation.pdf

A0001 12/11/2024

USCG Surface Forces Logistics Center Attn: Wayne Gutman 42 Eagle Rd.

Alameda, CA 94501 E-mail: wayne.m.gutman@uscg.mil

70Z08525RLREP0002

12/11/2024

X X

X 1

BERTHOLF DS FQ2 FY25

See next page.

X

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

11. CONTRACT ID CODE IPAGE OF PAGES

I

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DA TE 4. REQUISITION/PURCHASE REQUISITION NUMBER 15. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE I

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

□ 9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE I FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

D The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers D is extended. D is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning _____ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b ).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor D is not D is required to sign this document and return ____ _ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 1 0A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

R

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

CONTINUATION OF SF 30 – BLOCK 14

70Z08525RLREP0002 is hereby amended (70Z08525RLREP0002A0001) as follows:

1. The document titled:70Z08525RLREP0002 BERTHOLF Solicitation is hereby replaced in its entirety with 70Z08525RLREP0002 Solicitation Amendment 0001. The following changes are marked in the right hand margin with an A0001:

Section B paragraph B.8. "Questions related to the solicitation must be emailed to Wayne Gutman (Wayne.m.gutman@uscg.mil), with a with a courtesy copy to Contracting Officer Amy Kelm at Amy.A.Kelm@uscg.mil, no later than 1200 PT 17 DEC 2024. 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." was updated to: "Questions related to the solicitation must be emailed to Wayne Gutman (Wayne.m.gutman@uscg.mil), with a with a courtesy copy to Contracting Officer Amy Kelm at Amy.A.Kelm@uscg.mil, no later than 1200 PT 23 DEC 2024. 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. The proposal closing date remains unchanged: 6 JAN 2025/1200PT.

3. No other changes are made or implied.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

52000PR240007793

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

70Z08525RLREP0002

6. SOLICITATION

ISSUE DATE

9 DEC 2024

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Wayne Gutman

b. TELEPHONE NUMBER (no collect calls)

(832) 709-3439

8. OFFER DUE DATE/

LOCAL TIME

6 JAN 2025/

1200PT

9. ISSUED BY CODE 75174

USCG Surface Forces Logistics Center Attn: Wayne Gutman 42 Eagle Rd.

Alameda, CA 94501

E-mail: Wayne.M.Gutman@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 PWS

16. ADMINISTERED BY CODE

USCG Surface Forces Logistics Center 42 Eagle Rd.

Alameda, CA 94501

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 BERTHOLF (WSML 750) in accordance with this solicitation and the USCGC BERTHOLF (WMSL 750) Specification for Dockside Repairs FY2025 (Rev_0 16JUL2024). The Price Schedule, REV_0 is provided as a separate document.

Ordering Period is: Date of contract award to 09 May 2025

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)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER 31c. DATE SIGNED

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I

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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, Price Schedule, REV 0

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

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

SECTION A – NOTICE FOR FILING AGENCY PROTESTS

A1. UNITED STATES COAST GUARD OMBUDSMAN PROGRAM:

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation.

OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

(End of Section A) https://www.acquisition.gov/far/part-33#FAR_33_103 https://www.acquisition.gov/far/part-33#FAR_33_103 mailto:OPAP@uscg.mil

SECTION B – SUPPLIES/SERVICES

B1. GENERAL INFORMATION

This is a combined synopsis/solicitation for commercial services prepared, and will be evaluated and awarded, in accordance with FAR 13.5 - Simplified Procedures for Certain Commercial Products and Commercial Services Solicitation for Commercial Items. This announcement constitutes the only solicitation: proposals 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 Proposal under number 70Z08525RLREP0002. This solicitation document and incorporated provisions and clauses are in effect through:

• Federal Acquisition Circular 2025-01

• Department of Homeland Security Acquisition Regulation (HSAR)

• Homeland Security Acquisition Manual (HSAM) 2025-01

• Coast Guard Acquisition Procedures (CGAP) 2024-01

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 may submit a proposal, 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: PROPOSALS THAT DO NOT INCLUDE ALL REQUIRED

DOCUMENTATION MAY NOT BE CONSIDERED FOR AWARD.

B2. SCHEDULE OF SUPPLIES/SERVICES

Please reference Attachment (1), Price Schedule, REV 0 http://www.sam.gov./

B3. STATEMENT OF REQUIREMENT

This is a request for proposal (RFP) for the Fiscal Year Quarter (FYQ) 2, Fiscal Year (FY) 25 Dockside Repairs of United States Coast Guard Cutter USCGC BERTHOLF (WMSL 750) home moorage in Alameda, CA. This requirement is for dockside repairs aboard USCGC BERTHOLF (WMSL 750) consisting of items in accordance with the attached specification, Attachment (2), USCGC BERTHOLF (WMSL 750) DS FQ2_REV_0. 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, including options, is included as Attachment (1), Price Schedule, REV 0. 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 performing the work. Failure to do so will be at the Offeror's risk. All proposals submitted in response to this solicitation shall stand firm for 60 calendar days from the close date of the solicitation.

B4. CONTRACT TYPE

This will be a Requirements type contract with firm-fixed price task orders. Under this type of contract, no work shall be performed until directed by an Order. Electronic mail is an acceptable form of transmission for all orders, modifications, and correspondence issued under this Contract.

B5. CONTRACT ORDERING PERIODS / PERIOD OF PERFORMANCES (POP).

The ordering period is from date of contract award to 09 MAY 2025.

Anticipated contract award is on or before 29 JAN 2025.

The period of performance will be on each task order awarded under this contract.

The anticipated performance period for the ship repair work is 11 FEB 2025 through 09 APR 2025.

The first task order is anticipated to be awarded within five days of the contract award for the following Contract Line Items (CLINs): 001-008.

B6. PLACE OF PERFORMANCE

All work under this contract will be performed onboard the USCGC BERTHOLF (WMSL 750). The vessel is moored at 42 Eagle Rd. Alameda, CA 94501.

B7. REQUEST FOR TECHNICAL PACKAGE

The last day to request the technical package regarding this solicitation is 17 DEC 2024. 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 70Z08525RLREP0002. Some references listed in the Specification, under "Consolidated List of References," 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, vendors 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 vendors 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 (7), Non-Disclosure Agreement, must be submitted to Wayne Gutman (wayne.m.gutman@uscg.mil) , Contract Specialist, no later than 1400 Pacific Time (PT) 17 DEC 2024. Please courtesy copy Contracting Officer Amy Kelm (Amy.A.Kelm@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.

B8. QUESTIONS

a Questions related to the solicitation must be emailed to Wayne Gutman (Wayne.m.gutman@uscg.mil), with a with courtesy copy to Contracting Officer Amy Kelm at Amy.A.Kelm@uscg.mil, no later than 1200 PT 23 DEC 2024. 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.

B9. PROPOSAL 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”. Proposals must be sent via email to the following individuals:

Contracting Officer Amy A. Kelm Amy.A.Kelm@uscg.mil (206) 217-6767 Contract Specialist Wayne Gutman Wayne.m.gutman@uscg.mil (832) 709-3439

An Offeror 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 vendor to ensure proposal was received. It is strongly recommended that Offerors follow-up via phone call in order to confirm with Wayne Gutman, Contract Specialist, that the proposal and all of its required documentation has been received.

An Offeror that fails to provide all the required documentation may be considered to have delivered an incomplete proposal and may NOT be considered for award.

Offerors 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 proposals.

https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/ mailto:tatiana.sher1@uscg.mil mailto:Amy.A.Kelm@uscg.mil mailto:Amy.A.Kelm@uscg.mil mailto:Amy.A.Kelm@uscg.mil WMGutman Text Box A001

B10. QUANTITIES

The quantities shown for all Work Items reflect estimates only.

(End of Section B)

SECTION C – ATTACHMENTS

C1. LIST OF ATTACHMENTS

Attachment Description

(1) 70Z08525RLREP0002, Attachment 1 Price Schedule, REV 0

(2) 70Z08525RLREP0002, Attachment (2) PWS_BERTHOLF (WMSL 750) DS FQ2_Rev_0

(3) 70Z08525RLREP0002, Attachment 3 Consolidated List of References 16 JUL 2024.

(4) 70Z08525RLREP0002, Attachment 4 Past Performance Information Form

(5) 70Z08525RLREP0002, Attachment 5 Request for Clarifications

(6) 70Z08525RLREP0002, Attachment 6 Government Property Report

(7) 70Z08525RLREP0002, Attachment 7 Department of Homeland Security Non-

Disclosure Agreement (NDA)

(8) 70Z08525RLREP0002, Attachment 8 Change Request Proposal Form

(9) 70Z08525RLREP0002, Attachment 9 Past Performance Questionnaire

(End of Section C)

SECTION D – CLAUSES

D1. CLAUSES INCORPORATED BY REFERENCE

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

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights NOV 2023

FAR 52.204-13 System for Award Management Maintenance OCT 2018

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021 FAR 52.212-4 Contract Terms and Conditions -- Commercial Products and

Commercial Services

NOV 2023

FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data- Modification NOV 2021

FAR 52.219-8 Utilization of Small Business Concerns FEB 2024

FAR 52.219-28 Post-Award Small Business Program Re-representation FEB 2024 FAR 52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021 FAR 52.228-5 Insurance – Work on a Government Installation JAN 1997

FAR 52.229-3 Federal, State, and Local Taxes FEB 2013 FAR 52.232-18 Availability of Funds APR 1984

FAR 52.233-1 Disputes May 2014 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 (Alternate I) APR 2012 FAR 52.245-9 Use and Charges APR 2012 FAR 52.246-2 Inspection of Supplies – Fixed Price AUG 1996 FAR 52.246-4 Inspection of Services – Fixed-Price AUG 1996 FAR 52.246-16 Responsibility for Supplies APR 1984 FAR 52.247-34 F.O.B. Destination JAN 1991 HSAR 3052.211-70 Index of Specification DEC 2003

HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work DEC 2003

HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility DEC 2003 HSAR 3052.222-90 Local Hire JUN 2006 HSAR 3052.223-90 Accident and Fire Reporting DEC 2003

D2. 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 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES

(DEVIATION 20-05) (DEC 2023)

(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) (NOV 2021)

mailto:Incidents@hq.dhs.gov

(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 contractors 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.

(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)

FAR 52.212-4. CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

SERVICES (NOV 2023) ADDENDUM

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 mailto:Incidents@hg.dhs.gov https://dibnet.dod.mil/ https://dibnet.clod.mil/ 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 Amy A. Kelm Amy.A.Kelm@uscg.mil

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;

mailto:Amy.A.Kelm@uscg.mil

(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)

LT Caleb Patton

Caleb.F.Patton@uscg.mil

(510) 437-2796

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 (FEB 2021) 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 Alameda, CA 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 Alameda, CA hazardous waste personnel. The point of contact for environmental issues is Mr. Andrew Feigley (E:

andrew.v.feigley@uscg.mil, P: (843) 720-7703), the Environmental Protection Specialist at Coast Guard Island Alameda.

E) 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.

F) ACCESS GUIDANCE

1) GENERAL

This information is designed for personnel to gain access to USCGC BERTHOLF (WMSL 750) at the vessel’s homeport in Alameda, CA. Be advised that the cutter is moored at USCG Base Alameda, 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) Alameda BASE SECURITY Contractor shall contact the designated Contracting Officer’s Representative (COR) or the Port Engineer (PE) upon contract award to obtain USCG Base Alameda access requirements. The Contractor shall note that the COR must be notified no less than 48hrs in advance for security processing. All contractor and sub-contractor personnel must have a proper federally recognized government issued “Real ID” for base access. It is the responsibility of the Contractor to comply with Base Alameda’s 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.

mailto:andrew.v.feigley@uscg.mil

3) GAINING ACCESS TO USCG Base Alameda

(A) For access to Coast Guard Island, Alameda, the contractor shall have RAPIDGate credentials. All personnel that need access to the base, such as on-site personnel, subcontractors (including second and third-tier subcontractors) and suppliers will need RAPIDGate credentials. This process must be completed prior to the start of work. Therefore, the Contractor shall begin the RAPIDGate registration process no less than 45 calendar days before on-site work is to commence. For enrollment into the RAPIDGate program for base access privileges, information can be found at www.rapidgate.com or by calling the RAPIDGate program at 1-877-727-4342. Please note that all costs associated with registration and participation in the RAPIDGate Program is at the sole expense of the contractor.

(B) The Contractor shall provide a list of all on-site personnel, sub-contractors (including second and third tier subcontractors), and suppliers, to the contracting officer and Contracting Officer’s Representative no less than 15 calendar days before on-site work is to commence. The Contractor shall update this list when changes occur and ensure all personnel satisfy base access standards. List must include first name, last name, and date of birth as they appear on their photo identification. Upon award of contract, reach out to Contracting Officer’s Representative for template.

(C) Contractor personnel not listed and without RAPIDGate credentials may be denied access to the Coast Guard Facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the Coast Guard Facility. Contractor personnel shall have photo identification at all times while working on Coast Guard facilities. Special identification requirements may be needed to obtain the RAPIDGate credentials

(D) Contractor and delivery personnel will be required to present personal photo identification to gain access to a Coast Guard installation. Valid forms of identification are current passport or driver’s license that meet Real ID Act requirements. The Real ID Act of 2005 established minimum security standards for license issuance and production and prohibits Federal agencies from accepting, for certain purposes, driver's licenses and identification cards from states not meeting the Act's minimum standards. Anyone requiring access to a military facility under this contract, to include subcontractors, who holds a driver's license from any state without approved licenses will be required to provide identification other than that driver's license to gain access. Government IDs annotated with "Federal Limits Apply" will not be accepted for access purposes. It is the responsibility of the Contractor to ensure that their personnel have federally acceptable personal photo identification and comply with any other requirements for base access. TWIC and DBIDS identification cards are not sufficient forms of identification for access to Coast Guard Island, Alameda.

(E) If identification does not indicate United States citizenship, Coast Guard Security may require proof of the legal right to work in the United States. Contractor and delivery personnel also may be subjected to an immigration status and outstanding criminal warrants check.

(F) Contractors shall provide the Contracting Officer’s Representative with 24 hours of advance notice of every delivery to the site (e.g. concrete, lumber, parts, etc) and provide the name of company, delivery person, And the phone number of the firm(s) making deliveries. All vehicle access to Government property requires vehicle registration and proof of liability insurance. Otherwise access to the Coast Guard facility may be denied.

Please contact the Port Engineer, LT Caleb Patton at (510) 437-2796, or by email at Caleb.F.Patton@uscg.mil for additional information and processes on base access protocols.

http://www.rapidgate.com/

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.

Please do not hesitate to contact any of the personnel on the email lists below with questions for the required forms for submission regarding access to the USCGC BERTHOLF (WMSL 750):

Port Engineer (PE)/COR

Contract Specialist Wayne Gutman Wayne.m.gutman@uscg.mil (832) 709-3439

5) ACCESS TO SECURE SPACES

Certain spaces on board the cutter…