Solicitation 70Z08526QLREP0018.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

AND 52.212-5 ARE ATTACHED. ADDENDA

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

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

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

70Z08526QLREP0018

TABLE OF CONTENTS:

1. Listing of Incorporated Purchase Requisitions

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

3. Section C - Description/Specifications/Work Statement

4. Section D - Packaging and Marking

5. Section E - Inspection and Acceptance Terms

6. Section F - Delivery or Performance

7. Section G - Contract Administration Data

8. Section H - Special Contract Requirements

9. Section I - Contract Clauses

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

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

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

13. Section M - Evaluation Factors for Award

1. Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

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

Item Number Base Item Number

Supplies/Services

0001 MUN FQ1 FY27 DS

Description:

Purchase Requisitions

Clauses incorporated by reference

None

Clauses incorporated by full text

3. Section C - Description/Specifications/Work Statement

STATEMENT OF WORK

This is a request for quote (RFQ) for the Fiscal Year Quarter (FYQ) 1, Fiscal Year (FY) 26 Dockside Repairs of United States Coast Guard Cutter USCGC MUNRO (WMSL 418) home moorage in Alameda, CA. This requirement is for dockside repairs aboard USCGC MUNRI consisting of items in accordance with the attached specification, Attachment 2 – SOW_MUNRO (WMSL

418) DS FQ1 DAR 27R0 rev.1 The scope of work shall include ship repair and associated support work and may include work that is not currently listed as Work Items. A full list of contract line-item numbers and items, quantities, and units of measure, is included as Attachment 1_Price Schedule MUNRO DS FQ1 FY27. 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.

4. Section D - Packaging and Marking

5. Section E - Inspection and Acceptance Terms

6. Section F - Delivery or Performance

3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (JULY

2023)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: [The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]

(a) Provisions.

_________ 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

_________ 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

_________ 3052.247-70 F.o.B. Origin Information.

_________ Alternate I

_________ Alternate II

_________ 3052.247-71 F.o.B. Origin Only.

X 3052.247-72 F.o.B. Destination Only.

(b) Clauses.

_________ 3052.203-70 Instructions for Contractor Disclosure of Violations.

_________ 3052.204–71 Contractor Employee Access.

_________ Alternate I

_________ Alternate II

X 3052.204–72 Safeguarding of Controlled Unclassified Information.

_________ Alternate I

_________ 3052.204–73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents."

_________ 3052.205-70 Advertisement, Publicizing Awards, and Releases.

_________ Alternate I

_________ 3052.209-72 Organizational Conflicts of Interest.

_________ 3052.209-73 Limitation on Future Contracting.

_________ 3052.215-70 Key Personnel or Facilities.

_________ 3052.216-71 Determination of Award Fee.

_________ 3052.216-72 Performance Evaluation Plan.

_________ 3052.216-73 Distribution of Award Fee.

X 3052.217-91 Performance. (USCG)

_________ 3052.217-92 Inspection and Manner of Doing Work. (USCG)

X 3052.217.93 Subcontracts. (USCG)

_________ 3052.217.94 Lay Days. (USCG)

X 3052.217-95 Liability and Insurance. (USCG)

X 3052.217-96 Title. (USCG)

X 3052.217.97 Discharge of Liens. (USCG)

X 3052.217-98 Delays. (USCG)

_________ 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)

_________ 3052.217-100 Guarantee. (USCG)

_________ 3052.219-71 DHS Mentor Protégé Program.

X 3052.228-70 Insurance.

_________ 3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)

_________ 3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)

_________ 3052.228.92 Fair Market Value of Aircraft. (USCG)

_________ 3052.228-93 Risk and Indemnities. (USCG)

_________ 3052.236-70 Special Provisions for Work at Operating Airports.

X 3052.242-72 Contracting Officer's Representative.

(End of clause)

HSAR 3052.228-70 INSURANCE (DEC 2003) – ADDENDUM

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

TYPE AMOUNT

1) Workman's Compensation Employer's Liability (including Federal Longshoremen and Harbor Worker's Insurance)

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

2) Comprehensive General Liability Insurance (including vessel liability reference

HSAR 3052.217-95)

Personal Injury Liability:

$1 million per person

$1 million per occurrence

Property Damage (may be included in general aggregate limits or combined single unit coverage) $1 million per occurrence

3) Automobile Liability Personal Injury Liability:

$1 million per person

$1 million per occurrence

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

$1 million per occurrence

4) If single general aggregate limits or combined single unit coverage is obtained for General Liability and/or Automobile Liability coverage, minimum amounts shall be the sum of the personal injury and property damage coverage required above. Umbrella

Form Excess Liability insurance coverage shall be added to general liability and automobile liability coverage to determine if minimum insurance limits are met.

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

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

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

b. As evidence that it has obtained the insurance specified in paragraph (a) of this clause, the contractor shall furnish the

Contracting Officer with a certificate or certificates executed by an agent of the insurer authorized to execute such certificates. Such certificates shall be furnished prior to commencement of the work. Each certificate shall state that

(name of insurer) has insured (name of contractor) awarded contract number (to be determined at time of award) for repair/alteration of applicable USCG ship in accordance with the Liability and Insurance clause and the Insurance

Requirements clause contained herein.

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

d. "Government Installation" for this clause includes government vessels.

(End of 3052.228-70 Addendum)

PERIOD OF PERFORMANCE (POP)

ESTIMATED POP: 27 October 2026 – 15 January 2027

7. Section G - Contract Administration Data

Requesting Office Address

Phone: 510/437-6208 Fax:

Contact Details:

WEBBER, JOHN J.

John.Webber@uscg.mil

COR Office Address

Phone: 720/245-0602 Fax:

Contact Details:

HARTMAN, BETHANI JEAN

Bethani.J.Hartman@uscg.mil

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

USCG-SFLC-CPD 2

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

Contact Details:

KLOEPPEL, Ms. ROBIN B Robin.B.Kloeppel@uscg.mil

Payment Office Address

USCG FINANCE CENTER

FINANCE CENTER USCG

1430A KRISTINA WAY

CHESAPEAKE VA 23326-1000

Phone: Fax:

Contact Details:

INVOICE SUBMISSION PROCESS

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

(b) Each invoice shall at a minimum contain the following information:

(1) Invoice Date

(2) Invoice Number

(3) Contract and Delivery/Task Order Number

(4) Contractor's Name

(5) Contractor's Address

(6) Contractor's Unique Entity Identifier (UEI)

(7) Contracting Officer's Name

(8) Contracting Officer's Representative's (COR's) Name

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

(10) Period of Performance for Work Invoiced (if applicable)

(11) Contract Line-Item Number(s) (CLIN(s)) and Description

(12) The overall dollar amounts previously billed, currently billed and unbilled per CLIN(s);

(13) Invoice Total

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

(15) Discount Offerings

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

(17) The last invoice submitted for this award shall be clearly labeled with "THIS INVOICE CONSTITUTES THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE NO OTHER MONIES ARE DUE UNDER CONTRACT NUMBER and TASK ORDER NUMBER" (to be assigned upon contract and task order award).

Electronic Submission of Payment Requests (NESSS Awards):

(a) Definitions. As used in these instructions –

(1) "Payment request" means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) The contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). The contractor will submit payment requests using the blank form in IPP.

(c) Information regarding IPP, including IPP Customer Support contact information, is available at https://www.ipp.gov or any successor site.

(d) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/

UEI number is the primary identifier in System for Award Management (SAM), formally known as Central Contractor Registration (CCR), (see FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2018)). Contractors are located and identified in SAM by their UEI number. Therefore, to facilitate payment, the UEI number shall be recorded on every invoice submitted to the U.S. Coast Guard.

All payments for partial performance rendered by the Government under this contract are based on the assumption that the Contractor will, in good faith, execute and honor all payment terms entered into between it, the Prime Contractor, and any subcontractor thereof in the performance of this contract. The Contractor hereby acknowledges the Government's right to reduce or suspend progress payments based on non-payment in accordance with any payment terms of the subcontract agreement.

Any amount deemed not payable will be deducted from the Contractor's invoice. Deducted amounts may be resubmitted on the next invoice for reconsideration.

Responsible Official(S) Who Can Receive Notification Of An Improper Invoice:

For use in the event your firm receives a contract as a result of this Solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer any questions regarding the invoice.

NAME: ___________________________________________________

TITLE: ______________________________________________________

TELEPHONE: ________________________________________________

EMAIL: _____________________________________________________

8. Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACTING OFFICER'S (KO) AUTHORITY

No oral or written statement of any person other than the Contracting Officer will modify or affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any requirements under this contract, and, notwithstanding any provisions contained elsewhere, that authority remains solely with the Contracting Officer. The KO may delegate rertain responsibilities to authorized representatives. If the Contractor effects any change at the direction of any person other than the KO, the change will be considered made without authority and no adjustment will be made to cover any increased cost.

CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The COR is a government employee designated in writing by the KO to act as a technical advisor within the scope of the contract.

The COR performs functions such as review and/or inspection and acceptance of supplies and services of a technical nature. The designation letter sets forth the COR's name, authorities, and limitations. The COR does not have authority to commit the Government or modify the contract.

1. The COR monitors performance, provides progress reports to KS, and conducts technical surveillance. No agreement or change order with any person other than the KO is binding.

2. If the COR requests effort outside the contract scope, the Contractor must promptly notify the KO and KS in writing.

3. The Contractor shall not act on technical instruction unless the KO issues a contractual change/questions.

4. COR responsibilities include, but are not limited to:

A) Point of contact for technical questions via the KS to the KO;

B) Inspection/acceptance and performance adequacy determinations;

C) Resolving non-performance or recommending payment adjustments through the KS to the KO;

D) Reviewing/certifying invoices per contract instructions and maintaining records;

70Z08526QLREP0018

E) Advising the KS of performance problems and recommending corrective actions;

F) Forwarding requests for change/deviation/waiver (Gov't or Contractor-generated) with supporting paperwork;

G) Submitting CPARS within 30 days of completion and prior to option exercise;

H) Managing Government-Furnished Property;

I) Monitoring contractor employee access/security (e.g., CAC process); and

J) Oversight to ensure no unauthorized personal services or inherently governmental functions.

Contracting Officer's Representative (COR) / Port Engineer: LTJG Bethani Hartman, at (571) 608-9108, or by email at bethani.j.hartman@uscg.mil

H.2 DISCOVERIES AND CHANGES TO CONTRACT (CFR/CR)

Supplies/services will be placed by the KO against the applicable CLIN. The Contractor shall submit priced quotes for non pre-priced, within-scope additional work using Attachment (8), Change Request Quote Form, with detailed price breakdowns (materials, labor, equipment, subcontracts, overhead, profit) and any schedule impacts. CFRs/CRs may be transmitted via email.

H.3 CONDITION FOUND REPORTS (CFR):

· Take required readings/inspections within 24 hours after opening the machinery/system.

· Submit written CFR to the COR within 24 hours of readings/inspections. Include:

(i) Sequential number (e.g., CFR-XXX);

(ii) Related contract award/task order/CLIN;

(iii) Clear title/statement/description of the condition (incl. labor categories, part numbers, materials, dimensions as appropriate);

(iv) Proposed repair;

(v) Identify if Coast Guard action is required or "For Information Only";

(vi) Space for Gov't comments and CR number (if applicable);

(vii) Date and Contractor signature.

mailto:bethani.j.hartman@uscg.mil

· Keep a copy of all CFRs in the Cutter's file.

H.4 CHANGE REQUEST (CR) PROCESS:

1. COR issues CR and IGE to KS; COR provides CR copy to Contractor.

2. Contractor quote due to KS within 72 hours of CR receipt (use Contract Quote Form).

3. Negotiations (if needed).

4. Only the KO approves CR; KS forwards approved CR to Contractor and COR.

70Z08526QLREP0018

5. Do not proceed without explicit KO approval.

H.5 ADDITIONAL WORK

a) Do not perform additional (within-scope, non-prepriced) work without KO authorization. The KO may negotiate FFP for such work. If cost agreement cannot be reached, a bilateral mod may be issued. Scope includes ship repair and associated support work and may include items not listed on ATTACHMENT 1_Price Schedule MUNRO DS FQ1 FY27.

b) Provide detailed price breakdowns (SFLC-002 or as directed) permitting analysis of all elements; include schedule justification if requesting time extension.

c) Use with Composite Labor Hour Rate (see H.10). The composite rate includes tools/equipment incidental to bench trades and consumables; materials otherwise at agreed rates/quality (commercial or as specified, e.g., MILSPEC/FEDSPEC).

H.6 COMPOSITE LABOR HOUR RATE

The composite labor hour rate offered is the sole rate used to price the Prime Contractor's direct production labor hours for contract changes/additional work. No additional compensation will be paid for the Prime Contractor's direct labor beyond this rate.

a) The composite rate represents total compensation for:

1. Direct wages/salaries;

2. All employee benefits;

3. Other direct costs (transit time, delay/disruption, expendables, equipment);

4. Indirect costs (overhead, G&A);

5. Port/association fees, rents, levies;

6. Profit (fee);

7. Support functions (supervision/management, planning/estimating, material handling, housekeeping, engineering, transportation/drivers, QA, contract administration, security, testing, firewatch);

8. All consumables.

b) Applied only to production labor hours (reasonable/necessary direct production functions). Support-function hours are not separately compensated (they are priced into the composite rate).

c) The Additional Work CLIN amount in the Price Schedule is an estimate; the Government may exceed at scheduled prices at its discretion. Inclusion does not obligate the Government to exercise or entitle the Contractor to compensation if not exercised.

H.7 CONTRACT DEFICIENCY REPORT (CDR)

The KO or COR may issue a CDR (SFLC Form 005). The Contractor shall respond within 24 hours (unless otherwise approved).

COR will comment and forward to KO, who renders a final determination.

H.8 CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR)

USCG SFLC will evaluate performance per FAR 42.1502. Contractor has 60 days to respond to the CPARS assessment notice.

CPARS information is business-sensitive and released only as permitted (to other agencies, FOIA, or with prior written consent).

H.9 ACCESS TO WMSLS IN ALAMEDA, CALIFORNIA

(1) SECURITY REQUIREMENTS:

A. 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 30 calendar days before on-site work is to commence.

B. Contractor and delivery personnel may 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.

C. 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.

D. 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 company name, delivery person. And 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, LTJG Bethani Hartman, at (571) 608-9108, or by email at bethani.j.hartman@uscg.mil for additional information and processes on base access protocols.

9. Section I - Contract Clauses

Article Number Reference Text 52.204-9 52.204-9 Personal Identity Verification of Contractor Personnel.

52.204-13 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-19 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.209-6 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED (JAN 2025)

52.209-9 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

52.209-10 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

52.219-6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

52.219-8 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2025)

52.219-28 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REPRESENTATION (JAN 2025)

52.222-35 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

52.222-36 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

52.222-44 52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR

STANDARDS-PRICE ADJUSTMENT (MAY 2014)

52.222-50 52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2025)

52.223-11 52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING

POTENTIAL HYDROFLUOROCARBONS (MAY 2024)

52.223-12 52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION

EQUIPMENT AND AIR CONDITIONERS (MAY 2024)

52.226-8 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (MAY 2024)

52.232-18 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-33 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-40 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

52.242-2 52.242-2 PRODUCTION PROGRESS REPORTS (APR 1991)

52.242-5 52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)

3052.222-70 3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE

CONTRACT WORK (DEC 2003)

3052.222-90 3052.222-90 LOCAL HIRE (JUN 2006)

3052.223-90 3052.223-90 ACCIDENT AND FIRE REPORTING (DEC 2003)

52.245-1 52.245-1 GOVERNMENT PROPERTY (SEP 2021)

52.245-1 Alt I 52.245-1 GOVERNMENT PROPERTY (SEP 2021) ALTERNATE I (APR 2012)

Clauses incorporated by full text

52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_2 _________ _________

52.252-6

AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation (HSAR) (48 CFR 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

FAR 52.204-91 CONTRACTOR IDENTIFICATION

As prescribed in 4.208(c)(2), insert the following clause:

Contractor Identification (Deviation Date)

Definitions. As used in this clause— Commercial and Government Entity code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as "CAGE code"); or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as "NCAGE code").

Unique entity identifier means an identifier used to identify a specific commercial, nonprofit, or Government entity.

(b) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.

(c) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. The Contractor shall request changes to a CAGE code as indicated in the following table.

If the Contractor is… Then… Registered in the System for Award Management (SAM)

Initiate the change by updating its SAM registration

Located in the United States or its outlying areas and is not registered in

SAM

Submit a change request to the DLA CAGE Branch via https://cage.dla.mil

Located outside the United States and its outlying areas and is not registered in

SAM

Request a change by contacting the appropriate National Codification Bureau ( https://www.nato.int/structur/ac/135/about/contacts) or NSPA ( https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx)

(d) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.

FAR 52.204-23 (DEVIATION) PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (DEVIATION 2020-05 REV

3) (JULY 2024)

(a) Definitions. As used in this clause.

Kaspersky Lab covered article means any hardware, software, or service that–

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

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

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

Kaspersky Lab covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., "Kaspersky";

(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 Kaspersky Lab covered article. The Contractor is prohibited from—

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

(2) Using any Kaspersky Lab 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, 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

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 3 business days 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)(1) 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 Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) 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.

FAR 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

As prescribed in 22.2203, insert the following clause:

Addressing DEI Discrimination by Federal Contractors (Deviation DATE)

(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

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

SERVICES (AUG 2025) (DEVIATION 25-21)

FAR Class Deviation 25-21 for FAR Part 12 in Support of Executive Order on Restoring Common Sense to Federal Procurement, Attachment 1: FAR Part 12 Solicitation Provisions and Contract Clauses Revisions

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The

Government must exercise its post acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference.

The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(t) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall-

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

FAR Class Deviation 25-21 for FAR Part 12 in Support of Executive Order on Restoring Common Sense to Federal Procurement, Attachment 1: FAR Part 12 Solicitation Provisions and Contract Clauses Revisions

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315.

The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

FAR Class Deviation 25-21 for FAR Part 12 in Support of Executive Order on Restoring Common Sense to Federal Procurement, Attachment 1: FAR Part 12 Solicitation Provisions and Contract Clauses Revisions

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the FAR Class Deviation 25-21 for FAR Part 12 in Support of Executive Order on Restoring Common Sense to Federal Procurement, Attachment 1: FAR Part 12 Solicitation Provisions and Contract Clauses Revisions contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(i) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and sha11 pass to the Government upon-

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k)Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the

Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the

Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

FAR Class Deviation 25-21 for FAR Part 12 in Support of Executive Order on Restoring Common Sense to Federal Procurement, Attachment 1: FAR Part 12 Solicitation Provisions and Contract Clauses Revisions

(n)Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and

Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized

Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: FAR Class Deviation 25-21 for FAR Part 12 in Support of Executive Order on Restoring Common Sense to Federal Procurement, Attachment 1: FAR Part 12 Solicitation Provisions and Contract Clauses Revisions

(i) Any such…