ATTACHMENT 5 -ContinuationofCombinedSynopsis Solicitation-HONO USCGCs(7-14-21).pdf

Commander

USCG SFLC, Alameda Detachment, Building 55, Base Alameda

Alameda CA 94501-5100

REQUEST FOR PROPOSALS

70Z08521RP45H1500

Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) for DS Repairs of the United States Coast Guard Cutters (USCGC) in Honolulu Hawaii.

Contents

NOTICE FOR FILING AGENCY PROTESTS

SF 1449, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

CONTINUATION OF SF 1449- BLOCKS 17a-25

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018) ADDENDUM

(1) FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

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

(3) OPTIONAL ITEMS UNDER A TASK ORDER:

(4) FAR 52.217-7 OPTION FOR INCREASED QUANTITY. SEPARATELY PRICED LINE ITEM. (MAR 1989)

(5) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES – APPLICABLE LICENSES

AND PERMITS (JUN 2006)

(6) FAR 52.216-18 ORDERING (AUG 2020)

(7) FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(8) FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(9) FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

(10) HAZARDOUS WASTE

(11) CONTRACTOR COVID-19 PREVENTION AND RESPONSE PLAN

(12) VOLATILE ORGANIC COMPOUNDS (VOC) REGULATIONS

(13) SECURITY REQUIREMENTS:

(14) ACCESS TO VESSEL

(15) INDEMNIFICATION FOR ACCESS TO VESSELS

(16) INSPECTIONS

(17) ADDITIONAL WORK

(18) COMPOSITE LABOR RATE:

(19) DISCOVERIES AND CHANGES TO CONTRACT

(20) CONTRACT DEFICIENCY REPORT

(21) MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT PROPERTY IN THE PERFORMANCE OF A

SHIP REPAIR CONTRACT

(22) CONTRACTING OFFICER’S AUTHORITY

(23) CONTRACTOR PERFORMANCE EVALUATION

(24) METHOD OF PAYMENT AND INVOICING INSTRUCTIONS INVOICE SUBMISSION PROCESS:

(25) PROGRESS PAYMENTS:

(26) ASSOCIATE CONTRACTOR AGREEMENT (ACA):

(27) 52.212-5--CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS. (JAN 2021)

FAR 52.212-1 Instructions to Offerors—Commercial Items (JUN 2020) ADDENDUM

(1) FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

(2) WELDING CERTIFICATIONS AND QUALIFICATIONS

(3) FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS (JUN 1988)

(4) FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

(5) INSPECTION OF CUTTER PRIOR TO SUBMISSION OF PROPOSALS

(6) FAR 52.215-20 ALT IV REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN

COST OR PRICING DATA (OCT 2010)

Submission of cost or pricing data is not required

(7) DHS NOTICE TO OFFERORS

(8) 52.212-1 INSTRUCTIONS TO OFFERORS –COMMERCIAL ITEMS paragraph (c)

(9) FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014) ADDENDUM

A. GENERAL INFORMATION

(10) FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

REPRESENTATION (NOV 2015)

(11) FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (AUG 2020)

(12) FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(13) 3052.209-79 REPRESENTATION BY CORPORATIONS REGARDING A FELONY CRIMINAL VIOLATION

UNDER ANY FEDERAL OR STATE LAW OR UNPAID FEDERAL TAX LIABILITY (FEB 2014) (DHS FAR CLASS

DEVIATION 14-02)

(14) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS. (FEB 2021)

NOTICE FOR FILING AGENCY PROTESTS

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.

mailto:OPAP@uscg.mil

SF 1449, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

70Z08521RP45H1500

6. SOLICITATION

ISSUE DATE

14 July 2020

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Wilma L. Estrada

b. TELEPHONE NUMBER (no collect calls)

(757) 532-0063

8. OFFER DUE

DATE/ LOCAL TIME

04 August 2021, 2:00 p.m. Pacific Time

9. ISSUED BY CODE 52A85

USCG Surface Forces Logistics Center

U.S. Coast Guard Island, Building 55 Alameda CA 94501

E-mail: Wilma.L.Estrada@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) 1250 employees

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. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Description of Supplies/Services

16. ADMINISTERED BY CODE

Same as block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

DUNS No.

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE

Commanding Officer

USCG Finance Center

1430A Kristina Way

Chesapeake, VA 23326

(800) 565-5504

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 Dock Side Repairs to the

United States Coast Guard Cutters (USCGCs) in accordance with this solicitation and with each issued Task order.

Scope of work shall include ship repair and associated support work, and may include work not listed in the specifications and Price Schedule for each task order.

Period of Performance for this contract will be for one base period (estimate 01 Sep 2021 to 31 Aug 2022) and three option periods (01 Sep 2022 – 31 Aug 2023, 01 Sep 2023 –

31 Aug 2024, and 01Sep 2024 - 31 Aug 2025). Each task order will incorporate its own specific period of performance. In accordance with FAR 52.216-18, work may occur until August 31, 2025. Place of performance will be at 400 Sand Island Parkway, Honolulu, HI, 96819.

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 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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

19.

ITEM

NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK

NUMBER

PARTIAL FINAL

38. S/R ACCOUNT

NUMBER

39. S/R VOUCHER NUMBER 40. PAID BY

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

42 a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL

CONTAINERS

ATTACHMENT 3 – Continuation of Combined Synopsis Solicitation Page 6 of 50

SOLICITATION NUMBER: 70Z08521RP45H1500

USCG 418’ Security Cutter- Large (WMSL) Dockside (DS) Repairs- Honolulu, HI

CONTINUATION OF SF 1449- BLOCKS 17a-25

(1) Block 17a: Offeror shall include company’s name, address and DUNS number.

(2) 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).

(3) Block 19 through 24: SEE ATTACHMENTS 3 and 4, PRICE SCHEDULE

(4) Block 25: ACCOUNTING AND APPROPRIATION DATA: To be included per task order.

ALL OFFERORS ARE RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR

PROPOSALS.

ATTACHMENT 3 – Continuation of Combined Synopsis Solicitation Page 7 of 50

USCG 418’ Security Cutter- Large (WMSL) Dockside (DS) Repairs- Honolulu, HI

This Request for Proposal incorporates provisions and clauses in effect through Federal Acquisition Circular 2021-05. The NAIC code applicable to this requirement is 336611.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018) ADDENDUM

(1) 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.

(2) FAR 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 these addresses:

www.acquisition.gov/far/ http://www.dhs.gov/publication/hasr

The following is the summary of applicable FAR & HSAR clauses incorporated by reference:

Clause No. 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 JUN 2020

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

Paper

MAY 2011

FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other

Than Certified Cost or Pricing Data- Modification

JUN 2020

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 52.232-8 Discounts for Prompt Payment FEB 2002

FAR 52.232-18 Availability of Funds APR 1984

FAR 52.232-23 Assignment of Claims MAY 2014

FAR 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

FAR 52.232-40 Providing Accelerated Payment To Small Business

Subcontractors

DEC 2013

FAR 52.233-1 Disputes MAY 2014

FAR 52.233-2 Service Of Protest SEP 2006

FAR 52.242-2 Production Progress Reports APR 1991

FAR 52.242-15 Stop-Work Order AUG 1989

FAR 52.242-17 Government Delay in Work APR 1984

FAR 52.245-1 Government Property (JAN 2017) Alternate 1 JAN 2017

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

HSAR 3052.204-71 Contractor Employee Access SEP 2012 http://www.acquisition.gov/far/ http://www.acquisition.gov/far/ http://www.dhs.gov/publication/hasr

ATTACHMENT 3 – Continuation of Combined Synopsis Solicitation Page 8 of 50

USCG 418’ Security Cutter- Large (WMSL) Dockside (DS) Repairs- Honolulu, HI

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

(3) OPTIONAL ITEMS UNDER A TASK ORDER:

Optional Items listed in the Price Schedule or Schedule of Supplies/Services, may be awarded if inspection reports reveal the necessity for activation or when funds are made available, at the price quoted in the Contractor’s proposal and without any other consideration whatsoever. However, after three days after the corresponding Critical Inspection Report is accepted, the contractor shall have the right to refuse to accept the award of the Optional Items.

Such award refusals shall bar neither the Government nor the Contractor from subsequently negotiating with each other for performance of the work embodied in the refused Optional Items.

Optional items shall be awarded by written notice to the Contractor through issuance of a contract modification (SF-30) to the task order. Evaluation of the Optional items will not obligate the Government.

(4) FAR 52.217-7 OPTION FOR INCREASED QUANTITY. SEPARATELY PRICED LINE ITEM. (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the

Contractor within twenty-four hours via email. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

(5) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES – APPLICABLE LICENSES

AND PERMITS (JUN 2006)

The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within ten (10) days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

(End of clause)

(6) FAR 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from September 1, 2021 through August 31, 2025.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the

Contractor; or

ATTACHMENT 3 – Continuation of Combined Synopsis Solicitation Page 9 of 50

USCG 418’ Security Cutter- Large (WMSL) Dockside (DS) Repairs- Honolulu, HI

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

(7) FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than

$500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $4,000,000;

(2) Any order for a combination of items in excess of $9,950,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs(b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

(8) FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 48 months from the date of contract award.

(End of clause)

ATTACHMENT 3 – Continuation of Combined Synopsis Solicitation Page 10 of 50

USCG 418’ Security Cutter- Large (WMSL) Dockside (DS) Repairs- Honolulu, HI

(9) FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 30 September 2021. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 September 2021, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(10) HAZARDOUS WASTE

Contractors performing dockside ship repair work at Government facilities are required to comply with FAR 52.223-3, Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I, the U.S. Coast Guard shipboard hazardous waste policy, as prescribed in COMDINST M16478.1B, and MLCA standard specifications. Disposal of all hazardous wastes shall be performed by the Contractor and the Contractor shall meet all federal and state requirements. The Contractor is also required to submit an acceptable hazardous waste management plan to the Port Engineer at the Arrival Conference.

The plan will be reviewed by the facility hazardous waste manager. An acceptable plan must address, at a minimum, the following requirements:

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

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

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

(d) Waste collection and containment procedures;

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

(f) Training certification for the Contractor's hazardous waste manager.

The Contractor shall note the local environmental regulations in Honolulu, and for the state of Hawaii. 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).

(11) CONTRACTOR COVID-19 PREVENTION AND RESPONSE PLAN

For each task order issued, the Contractor shall adhere to CDC, OSHA, state, and local guidance regarding COVID-19 precautions. Aboard the vessel, the Contractor shall be prepared to adhere to requirements prescribed by the Commanding

Officer as discussed at the Arrival Conference. Based on current guidance and USCG policy at the time of solicitation, the

Contractor should be prepared to expect mandatory wear of cloth face coverings by all personnel, although this requirement could be partially or fully waived based upon individual vaccination statuses and other factors.

Finally, the Contractor shall prepare a COVID-19 Prevention and Response Plan specific to their task order, which details the

Contractor’s prevention and response plans and procedures. This document shall be submitted no later than the Arrival

Conference date, which is usually the first day of the period of performance of the task order.

(12) 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

ATTACHMENT 3 – Continuation of Combined Synopsis Solicitation Page 11 of 50

USCG 418’ Security Cutter- Large (WMSL) Dockside (DS) Repairs- Honolulu, HI 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.

(13) SECURITY REQUIREMENTS:

A. For access to USCG Base Honolulu, the contract 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 30 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, and have RAPIDGate credentials.

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 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

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 company name, delivery person. And phone number of the http://www.rapidgate.com/ http://www.rapidgate.com/

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USCG 418’ Security Cutter- Large (WMSL) Dockside (DS) Repairs- Honolulu, HI 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, ENG4 Derek Clarke at (808) 844-5322, or by email at Derek.R.Clarke@uscg.mil for additional information and processes on base access protocols.

(14) ACCESS TO VESSEL

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, access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis.

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 access to the vessel(s) necessary for the performance of their respective responsibilities and reasonable to their performance.

(15) INDEMNIFICATION FOR ACCESS TO VESSELS

Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of quoters on other contemplated work, access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.

(16) INSPECTIONS

Except as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract.

The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation.

(17) ADDITIONAL WORK

(a) The Contractor shall not perform additional work without the Contracting Officer's authorization.

Additional work is work within the scope of the contract, which has not been previously priced as a pre-priced CLIN. The

Contracting Officer reserves the right to contract for additional work via issuance of a new task order or modification of an existing task order, on the basis of a negotiated, firm, fixed price, when it is in the best interest of the Government. If a firm-fixed price task order is awarded, and during the performance period a repair within scope is identified but the Contracting

Officer and Contractor are unable to agree on the cost of the work, a bilateral modification may be incorporated into the contract using a Time and Materials modification for this specific repair. In this situation, FAR 52.212-4, Alternate I, will be incorporated.

(b) The Contractor shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the

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

(c) This clause is to be used in conjunction with the following clause, COMPOSITE LABOR RATE. The Contractor is required to have and/or furnish all tools and equipment incidental to each bench trade. Supplies such as wiping rags, hacksaw blades, sandpaper, welding wire, helium, etc., are also to be furnished by the Contractor.

mailto:Derek.R.Clarke@uscg.mil

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USCG 418’ Security Cutter- Large (WMSL) Dockside (DS) Repairs- Honolulu, HI

(18) COMPOSITE LABOR RATE:

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

Prime Contractor's direct labor associated with such changes under this contract.

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

(1) direct labor wages and salaries;

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

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

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

(5) any port or association fees, rents, or other levies; (6) profit (fee); and

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

Supervision and Management Planning

Material Handling Housekeeping

Engineering Transportation/Drivers

Quality Assurance Contract Administration

Security Guard Testing

Worker Transit Time Estimating

Surveyors

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

(c) The Quantity of Composite Labor hours indicated in the Schedule of Supplies/Services, is only an estimate and is an Optional Item pursuant to this solicitation. The Estimated Quantity represents the Government’s best estimate of the total number of additional hours that may be required throughout the contract. The

Government may elect to exceed this value at the prices stated in the schedule and its discretion during performance of the contract. The inclusion of this item does not obligate the Government to exercise the item nor entitle the Contractor to compensation if not exercised.

(19) DISCOVERIES AND CHANGES TO CONTRACT

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

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

Promptness in taking and reporting readings is particularly importance for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the contractor which are considered abnormal for reasons of safety, expected reliability, health, or habitability.

These conditions must be brought to the attention of the Coast Guard using a CFR. Details provided by the

Contractor in a CFR are important because the CFR may result in a contract change. To spend the contract progress, the Contractor should include in his/her CFR the following details as a minimum:

(i) A sequential number

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

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USCG 418’ Security Cutter- Large (WMSL) Dockside (DS) Repairs- Honolulu, HI

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

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

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

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

(vii) All CFR’s will be dated, submitted, and signed by a representative of the Contractor.

Contracting Officer’s Representative (COR) will respond to the Contractor’s within 24 hours of receiving a

Condition Found Report. A copy of ALL condition Found Reports shall be retained in the Cutter’s file.

(b) Change Request (CR) Process will occur in the following order:

1. Condition Found Report – Generated by the Contractor and provided to COR.

2. Condition Report Reply – Generated by the COR and provide to Contractor.

3. Change Request – CR and IGE are generated by the COR and entered in the Contract Workbook. COR will assign the Change Request number.

4. COR provides copy of Change Request to the Contractor.

5. Contractor’s Proposal – provided to the KO for the identified tasking on CR.

6. Negotiations – if needed, take place to establish pricing.

7. Approved Change Request – forwarded to Contractor and COR by the KO.

8. Modification to Task Order – The KS/KO will issue a modification covering all CRs.

Change Request must be submitted by the COR to the Contractor within 24 hours after responding to the CFR.

Contractor must submit proposal to the Contracting Officer within 72 hours of receipt of the Change Request.

A modification to the task order will be issued to incorporate and implement all changes made by change requests.

(20) CONTRACT DEFICIENCY REPORT

The Contracting Officer or Contracting Officer’s Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the

Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency

Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The

Contracting Officer will render a final determination and provide it to the Contractor and COR in writing.

(21) MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT PROPERTY IN THE

PERFORMANCE OF A SHIP REPAIR CONTRACT

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

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

Government furnished property may be provided in person by an official Coast Guard employee, shipment via commercial carrier, etc. The Contractor shall sign for all government furnished property using either a DD Form 1149, entitled, “Requisition and Invoice/Shipping Document” or a DD Form 1348, entitled, “Issue Release/Receipt Document”. A copy of the DD 1149 or DD 1348 must be sent within 48 hours of receipt of property, to the designated Government

Property Administrator. The name of the individual assigned as Property Administrator will be furnished to the Contractor at time of award. The Contractor shall not take receipt of property that is not listed in the specification, has not been previously identified as becoming part of the contract (via contract modification) or which otherwise cannot be identified.

Such irregularities shall be immediately reported to the Property Administrator.

3. The Contractor shall complete the report provided herein, entitled, “Government Property Report”. This report is intended as a living document whereby relevant fields shall be filled in, maintained and kept current at all times. All property described in paragraph 1 (a and b) above shall be reported on the report. At contract completion the Contractor and the

Property Administrator shall ensure that all fields are appropriately completed. A signature block is provided at the end of

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USCG 418’ Security Cutter- Large (WMSL) Dockside (DS) Repairs- Honolulu, HI the report for both parties to attest to the report's accuracy and completeness. The Government Property Report shall clearly delineate the complete track that all Government property took over the course of the contract. This completed report must accompany the Contractor's final invoice. Final payment may be delayed, without penalty of interest, until such time as the report is received. A separate copy of the completed report and any final DD 1149s or DD 1348s executed, as a result of carrying out disposition instructions shall be provided to the Property Administrator.

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

(22) CONTRACTING OFFICER’S AUTHORITY

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

(23) CONTRACTOR PERFORMANCE EVALUATION

(a) The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offerors’ past performance of task orders under this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR

42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the task order under this contract, the contractor will be notified of the assessment. The contractor will be allowed 60 days to respond to the SLFC’s assessment of its performance entered into

CPARS. The contractor’s response, if any, will be made part of the CPAR system at https://www.cpars.csd.disa.mil.

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

(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other

Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act

(FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.

(24) METHOD OF PAYMENT AND INVOICING INSTRUCTIONS 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.

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

(1) Invoice Date

(2) Invoice Number

(3) Contract and Delivery/Task Order Number https://www.cpars.csd.disa.mil/ https://www.cpars.csd.disa.mil/

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USCG 418’ Security Cutter- Large (WMSL) Dockside (DS) Repairs- Honolulu, HI

(4) Contractor’s Name

(5) Contractor’s Address

(6) Contractor’s DUNS

(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

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

(12) CLIN units for the period (if applicable), CLIN rate (if applicable), CLIN Total

(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 “FINAL INVOICE.”

(c) The contractor shall submit each invoice in accordance with the information at:

https://www.fincen.uscg.mil/electron.htm.

(d) The contractor shall email the invoice and supporting documentation to include the invoice receipt generated by

FINCEN from step (c) above. Failure to email the invoice and supporting documentation to the following contacts may result in invoice rejection or delay in payment:

Abdul.H.Toulas@uscg.mil; Wilma.L.Estrada@uscg.mil, and the COR to be determined with each task order.

(e) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(iii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless— https://www.fincen.uscg.mil/electron.htm mailto:Abdul.H.Toulas@uscg.mil mailto:Wilma.L.Estrada@uscg.mil

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USCG 418’ Security Cutter- Large (WMSL)…