B08_SOL_Solicitation_140D0423Q0052_CGC_JAMES_(WMSL-754)_DS_FINAL_(1).pdf

RFQ# 140D0423Q0052

Section 1-INTRODUCTION:

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation Number 140D0423Q0052 is hereby issued as a Request for Quote (RFQ).

This requirement is being issued by the United States Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD), on behalf of the United States Coast Guard (USCG), Surface Forces Logistic Center (SFLC) in accordance with FAR Part 13, Simplified Acquisition Procedures and FAR Part 12, Acquisition of Commercial Products and Commercial Services.

This combined synopsis/solicitation and incorporated provisions, and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-08, Effective October 28, 2022.

This is 100% set aside for small businesses. The North American Industry Classification System (NAICS) code applicable to this requirement is 336611 Ship Building and Repairing. The product service code (PSC) code is J998 “Non-Nuclear Ship Repair (EAST).” The size standard for the applicable NAICS is 1,250 employees.

The objective of this solicitation is to receive quotations that result in an award in support of the USCG SFLC Long Range Enforce (LRE) Product Line (PL). The resulting contract from this solicitation requires the successful contractor to furnish all necessary labor, materials, services, equipment, supplies, power, accessories, and such other things as are necessary to perform the below dockside repairs and alterations to the United States Coast Guard Cutter JAMES as detailed in Attachment 1, Specifications.

ITEM DESCRIPTION UNIT

D-01 Deck Covering (Slip-Resistant), Flight Deck, Renew JOB

D-02 Tenting, Provide (Flight Deck) JOB

D-03 Tanks (Main Propulsion (MP) Fuel Service), Clean and Inspect JOB D-04 Tanks (MP Fuel Storage and Ovfl), Clean and Inspect N/A

D-04A Tanks (MP Fuel Storage and Ovfl), Clean and Inspect,5-44-0-F JOB

D-04B Tanks (MP Fuel Storage and Ovfl), Clean and Inspect,5-24-0-F JOB

D-04C Tanks (MP Fuel Storage and Ovfl), Clean and Inspect,5-32-1-F JOB

D-04D Tanks (MP Fuel Storage and Ovfl), Clean and Inspect,5-52-0-F JOB

D-04E Tanks (MP Fuel Storage and Ovfl), Clean and Inspect,5-76-2-F JOB

O-05 Tanks (MP Fuel Ovfl), Preserve (Partial) JOB D-06 Folding Boom Cranes, Repair and Biennial Maintenance Perform JOB D-07 Fire Detection System, Inspect and Test JOB

D-08 Dual Point Davit Flexible Hoses, Renew JOB D-09 Grey Water Piping, Clean and Flush JOB D-10 Sewage Piping, Clean and Flush JOB D-11 VCHT Pump Discharge Check Valve, Renew JOB D-12 Sewage Holding Tank(s), Clean and Inspect JOB O-13 Sewage Holding Tank, Preserve (Partial) JOB

D-14 Grey Water Holding Tank (s) and Lift Stations, Clean and Inspect N/A

D-14A Grey Water Holding Tank (s) and Lift Stations, Clean and Inspect 3-34-0-W JOB

D-14B Grey Water Holding Tank (s) and Lift Stations, Clean and Inspect 5-74-0-W JOB

D-14C Grey Water Holding Tank (s) and Lift Stations, Clean and Inspect 3-20-0-W JOB

D-14D Grey Water Holding Tank (s) and Lift Stations, Clean and Inspect 5-36-1-W JOB

D-14E Grey Water Holding Tank (s) and Lift Stations, Clean and Inspect 4-72-0-W JOB O-15 Grey Water Holding Tanks and lift stations, Preserve (Partial) N/A

O-15A Grey Water Holding Tanks and lift stations, Preserve (Partial),3-34-0-W JOB

O-15B Grey Water Holding Tanks and lift stations, Preserve (Partial),5-74-0-W JOB

O-15C Grey Water Holding Tanks and lift stations, Preserve (Partial),3-20-0-W JOB

O-15D Grey Water Holding Tanks and lift stations, Preserve (Partial),5-36-1-W JOB

O-15E Grey Water Holding Tanks and lift stations, Preserve (Partial),4-72-0-W JOB D-16 Deck Covering (Polymeric), Seal N/A

D-16A Deck Covering (Polymeric), Seal, 02-36-1-L JOB

D-16B Deck Covering (Polymeric), Seal, 02-33-1-L JOB D-17 Deck Covering (Polymeric) , Repair and Seal Crew Mess JOB D-18 Helo Hanger Door, Inspect and Test JOB D-19 Sea Painter Boom, Install JOB D-20 Sewage System, Modify JOB D-21 Sewage Shore Tie, Modify JOB D-22 Elex Dry Air Compressor Equipment, Install JOB D-23 Temp Services, Provide JOB D-24 Deck and Foundations, Preserve N/A

D-24A Deck and Foundations, Preserve, 3-22-0-Q JOB

D-24B Deck and Foundations, Preserve, 1-81-2-Q JOB

D-24C Deck and Foundations, Preserve, 5-52-01-E JOB

D-24D Deck and Foundations, Preserve, 5-70-01-E JOB

D-24E Deck and Foundations, Preserve, 2-64-0-E JOB D-25 Forward and Aft Capstans, Level 2 Overhaul JOB D-26 Fire Prevention JOB O-0A Composite Labor Rate HOUR O-0Z Laydays DAY

The requirements for this acquisition can be found in Attachment 1 of this document, titled “Specifications”.

The period of performance for this acquisition is April 13, 2023 – June 28, 2023. It is anticipated contract award will be made on or around February 12, 2023. Place of performance and acceptance will be USCG Base Charleston, 1050 Register Street, North Charleston, SC 29405.

Provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, and its addendum applies to this acquisition. See Section 3 and 4 of this RFQ for additional information.

Provision at 52.212-2, Evaluation-Commercial Products and Commercial Services, applies to this acquisition. The Government will award a contract resulting from this solicitation to the responsible contractor whose quote is the most advantageous and provides the best value to the Government, price and non-price factors considered. See Section 5 of this RFQ for additional information.

Offerors shall include all representations that are completed in their System for Award Management (SAM) registration at sam.gov and FAR Provision 52.212-3, Offeror Representations and Certifications

– Commercial Products and Commercial Services (OCT 2022) (as applicable) with its Alternate I (OCT 2014) 2021. See Section 4 of this RFQ for additional information.

Clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, and its addendum applies to this acquisition. See Section 3 of this RFQ.

Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (OCT 2022), applies to this acquisition. Of those FAR clauses cited in this clause, those annotated with an “X” are applicable to this acquisition. See Section 3 of the RFQ.

Progress payments will be authorized based on a percentage of stage or completion in accordance with FAR Part 32.500(b). Progress payments will be authorized under each Work Item identified in the table above and Attachment 1 – Specifications. A Work Item may not be invoiced until a minimum of 25% completion. This percentage minimum may be waived on a case-by-case basis by the Contracting Officer for large dollar Work Items. In addition, 10% of the total contract price will be withheld until all deliverables are received and accepted.

There is no Defense Priorities and Allocations System (DPAS) assigned rating for this acquisition.

Responses are due no later than 5:00 PM Eastern Standard Time (EST), January 05, 2023.

Responses shall be emailed to Shavonda Jamison, Contracting Officer, at Shavonda_Jamison@ibc.doi.gov .

Contract Administration Office

(a) This Contract will be administered by:

The Contracting Officer (CO) for this effort is as follows:

Department of the Interior Acquisition Services Directorate ATTN: Shavonda Jamison 381 Elden Street, Suite 4000 Herndon, Virginia 20170-4817 Shavonda_Jamison@ibc.doi.gov

The Government anticipates an award of a Firm-Fixed Price (FFP) contract as a result of this RFQ.

Request for Drawings. The last day to request drawings regarding this solicitation is 2:00pm EST, December 12 , 2022. After this date, further requests may not be accepted due to time constraints. To request drawings, contact the CO. All requests should identify the solicitation number 140D0423Q0052.

Some references listed in the Specification, under “Consolidated List of References,” are subject to Export Control limitations or have otherwise restricted distribution and have been deemed “limited access” and “export controlled” packages.

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

Instructions and procedures for being certified by JCP can be found at https://www.dla.mil/HQ/LogisticsOperations/Services/JCP. Only those vendors that have current certification by JCP will be able to be granted explicit access to these packages by the USCG.

Requests for drawings, to include the Joint Certification Program number and fully completed Attachment 3, Non-Disclosure Agreement, must be submitted to the Contracting Officer no later than 2:00 pm EST, December 12, 2022.

Questions. Questions related to this RFQ package must be submitted via email to mailto:Shavonda_Jamison@ibc.doi.gov https://www.dla.mil/HQ/LogisticsOperations/Services/JCP

Shavonda_Jamison@ibc.doi.gov no later than 2:00pm EST, December 19, 2022. All questions must be received in writing – No oral questions will be accepted. All e-mail inquiries must have “Questions – RFQ 140D0423Q0052” in the subject line. The Government’s responses will be provided via email.

Ship Check Instructions. Contact the cutter’s Port Engineer to schedule a ship check.

Primary:

LTJG Andrea Harris, (843) 740-7096, andrea.m.harris@uscg.mil

Alternate:

LTJG Jacob Rodriguez-Lupica, (843) 740-7096, Jacob.j.rodriguez-lupica@uscg.mil

Interested vendors requesting a ship check must meet facility access requirements for the cutter's home port. Cutters available for a ship check during the solicitation period, at the time of the posting of this solicitation, are:

USCGC STONE

Charleston, SC (entire solicitation period)

USCGC WAESCHE

Alameda, CA (entire solicitation period)

USCGC MIDGETT

Honolulu, HI (11/15/22 – 12/6/2022)

USCGC KIMBALL

Honolulu, HI (entire solicitation period)

Cutter availability is subject to change without notice. Contact the Port Engineer to confirm cutter availability and to schedule a ship check.

(End of Section 1) mailto:Shavonda_Jamison@ibc.doi.gov mailto:Jacob.j.rodriguez-lupica@uscg.mil

Section 2-STATEMENT OF REQUIREMENT:

1. The resulting contract will provide DOCKSIDE Repair to the USCGC JAMES (WMSL-754) as specified in Attachment 1 – Specification. The contractor shall provide all necessary labor, materials, services, equipment, supplies, power, accessories, and other such things as necessary to perform the specified dockside repairs and alterations.

(End of Section 2)

Section 3-GENERAL TERMS AND CONDITIONS:

3.1 DELIVERY:

The services rendered for this contract is Coast Guard Base Charleston. 1050 Register Street, North Charleston, South Carolina 29405.

3.2 DELIVERY POINT OF CONTACT (POC):

The delivery point of contact will be Andrea Harris. Contact information will be provided at award.

3.3 PERIOD OF PERFORMANCE:

The period of performance for this acquisition is April 13, 2023 – June 28, 2023. It is anticipated contract award will be made on or around February 28, 2023. Place of performance and acceptance will be USCG Base Charleston, 1050 Register Street, North Charleston, SC 29405.

3.4 WORK HOURS:

Cutter work hours are as follows:

Industrial work: Monday-Friday, 0700-1700, Cutter& Contracting Officer’s Representative (COR) approval required for Sundays Hot work: Monday-Saturday, 0730-1700, Cutter & COR approval required for Sundays Transfers of fuel, oil, and/or water: Monday-Friday, 0700-1700 Operation of major machinery: Monday-Friday, 0700-1700 Federal holidays: 0700-1700

The Contractor may request to work outside of the above designated days/hours with advance notice to the COR.

3.5 COVID 19 Precautions:

The Contractor shall adhere to Center for Disease Control and Prevention, Occupational Safety and Health Administration, state, and local guidance regarding COVID-19 precautions.

At USCG Base Charleston, and on-board USCGC JAMES, the Contractor shall be prepared to adhere to requirements prescribed by the Base or Cutter Commanding Officers as discussed at the Arrival Conference. Based on current guidance and USCG policy at the time of solicitation, the Contractor should be prepared to adhere to the following requirements:

USCG Base Charleston: Optional wear of cloth face coverings by all personnel.

USCGC JAMES: Same requirements as above for USCG Base Charleston.

3.6 SECURITY REQUIREMENTS: Access to WMSLs in North Charleston, SC.

A. Federal Law Enforcement Training Center (FLETC) Base Security. The Contractor shall contact the

COR upon contract award to obtain FLETC Security Base Access requirements. The Contractor shall note that it can take a minimum of two weeks for FLETC Security to process documentation related to Base Access, and even longer for special cases such as foreign nationals. It is the responsibility of the Contractor to comply with FLETC Base Security measures and the Coast Guard will not be liable for delays or terminations of FLETC Base Access.

B. Gaining Access to FLETC Charleston:

• Contractors that are U.S. Citizens and seeking access to the FLETC/Federal Complex are required to be issued a FLETC ID Badge. Contractors shall submit completed DHS Form 11000-

25 and OF-306 (or updated versions of the aforementioned forms if distributed by the COR following the award of the contract) to the COR a minimum of 14 days prior to the start date.

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

• Contractors that are either foreign born or are a foreign national seeking access to the FLETC/ Federal Complex, regardless of time frame, must be issued a FLETC ID Badge. Contractors shall submit completed DHS Foreign National Screening Form 11055, DHS Form 11000-25, and OF- 306 and shall provide a copy of their U.S. Passport, Visa, and/or Naturalization Certificate. This shall be submitted to the COR a minimum of 30 days prior to the start date. All Contractors born outside the U.S. but are U.S. Citizens will be required to submit DHS Foreign National Screening Form 11055, DHS Form 11000-25, and OF-306 and shall provide proof of U.S.

Citizenship in the form of a U.S. Passport or Naturalization Certificate. Contractors that are either foreign born or are a foreign national shall complete fingerprinting regardless of their duration on the cutter.

• The COR will distribute the most recent revision of the access forms, as applicable, via email to the Contractor as soon as possible following the award of the contract. Contractors are strongly encouraged to type out and hand sign the forms, as handwritten forms may be illegible and slow the review process down. The Contractor is strongly encouraged to complete all required fingerprinting prior to the work start date to allow for immediate and uninterrupted access to FLETC and Cutter.

• It is imperative that the “Work Start Date” on the FLETC access form is as accurate as possible for that individual. This date should be the day the person will be onsite and need access to the base, not necessarily the first day of the contract. This will allow for an adequate amount of time for the Contractor’s fingerprints to be adjudicated. An inaccurate “Work Start Date” may cause temporary loss of FLETC access while the contractor’s fingerprints are being processed.

Contractors are strongly recommended to extend the “Work Stop Date” 15 to 30 days past the scheduled work completion date to ensure uninterrupted contractor access to FLETC if a contract extension were to occur.

• Contractors shall be advised that the Department of Homeland Security (DHS) completes background checks on all FLETC applicants and reserves the right to deny access to those with criminal history, those who have not registered for Selective Service, and/or other various conditions. If any disqualifying information is discovered during the background check process, FLETC may require the individual to vacate FLETC property immediately. DHS may not be required to supply a reason for denial of entry or removal from the FLETC facility. Contractors shall abide by the policies and regulations established for the daily operations of FLETC, including but not limited to wearing the FLETC-issued ID badges at all times, adhering to posted speed limit signs, posted restricted area signs, traffic directional signs, and law enforcement directions given by FLETC Security Forces. The Contractor shall be advised that FLETC Badges may be terminated due to violation of FLETC policies and regulations.

C. Arriving at FLETC Charleston:

• Contractors are required to check in at the visitor’s center prior to entering the main gate and 1) Pick up a visitor’s badge, and 2) Complete a parking pass application prior to gaining access to FLETC. The parking pass shall be completed on-site and requires the contractor to provide a valid license, vehicle registration and proof of insurance. All vehicles are subject to search and

FLETC/Federal Complex utilizes 100% ID Checks. Parking for HAMILTON and JAMES is located at the foot of PIER PAPA. THE CONTRACTOR SHALL NOT PARK ON THE

PIER.

• Contractors shall proceed to 1050 Register St to meet with the Base Charleston Command Security Officer immediately after the visitor center to be fingerprinted. Hours of operation for the Base Charleston Command Security Officer is Monday thru Friday, 0830-1100. To ensure the Command Security Officer is available, Contractors shall call 843-740-3168 before arrival.

Fingerprinting outside hours of operation shall be scheduled in advance with the Base Charleston Command Security Officer. Upon completion of fingerprinting, the Project Manager shall provide the COR with names of Contractors to be added to the Cutter Access List.

D. Gaining Access to CGC JAMES:

• The Contractor must complete required fingerprinting before being placed on the Cutter Access List and permitted on board the Cutter. The Project Manager shall notify the COR of Contractors who have completed fingerprinting to be added to the Cutter Access List. The Cutter Access List will be kept at the quarterdeck of the vessel, enabling Cutter watch standers to maintain visitor accountability. Contractors shall sign in and out at the quarterdeck each day and abide by 100% ID checks. Contractors who are not on the Cutter Access List will not be permitted onboard the cutter.

E. Gaining Access to Secure Spaces on the Cutters:

• Certain spaces on board the cutter contain classified information and will require proof of security clearance before access is granted. These spaces are CIC, COMM/MEES, the LAN Room and SCIF. Personnel requesting to work in these areas must have their clearance via OPNAV 5521/17 form at least two weeks prior to arrival in addition completing fingerprinting.

F. Submitting Access Requests:

• All of the required base access forms contain Personally Identifiable Information (PII).

Encryption or password protection of emails is HIGHLY ENCOURAGED.

Please submit all required forms, completed and signed, via email to the Port Engineer/COR listed below. Submit all required forms in a single email, not to exceed 10MB. The designated Port Engineer/COR will ensure that the forms are secured, reviewed, and forwarded to the proper personnel. You will be notified of any discrepancies with the paperwork.

• Please do not hesitate to contact any of the personnel on the email list below with questions.

Point of Contact Job Description E-Mail Phone #

LTJG Jacob Rodriguez- Lupica

WMSL QA/COR

Lead

Jacob.j.rodriguez-lupica@uscg.mil 843-740-7096

LTJG Andrea Harris JAMES Port Engineer

Andrea.m.harris@uscg.mil 843-740-7096

G. Pier Restrictions:

• The Contractor will be provided a “Contractor lay-down area” at the foot of the pier to store any office and equipment trailers, personal vehicles, parts, etc. The Contractor should be aware that due to weight limitations on the pier, any blast equipment, vacuum trucks, cranes, portable toilets or showers, etc. shall not be staged on the pier without prior approval. The Contractor shall submit “cut sheets” to the COR a minimum of 5 days prior to the equipment being used for approval. “Cut sheets” are usually obtained from the equipment rental company and typically contain information such as weight, number of axels, dimensions, and other pertinent information about the equipment to be staged on the pier. The Contractor should include the dates the equipment will be staged on the pier and suggested location of the equipment. The COR will forward this information to the Civil Engineering Unit who will approve or deny the equipment to be staged on the pier. The COR will notify the Contractor once the equipment is approved or denied.

H. Temporary Sanitation Services on Pier Papa:

• In addition to the requirements of SFLC Standard Specification 0000, General Requirements, 3.2.11, Temporary sanitary and sewage facilities, the following requirements apply:

o For USCG personnel sanitary facilities and/ or portable toilet facilities must:

Be trailered Be able to connect to the sewage shore connection on the pier Be able to independently (without requiring a separate service vehicle) pump sewage and/ or grey water to the sewage shore connection Mobile chemical toilets “porta-potties” are not authorized

• In addition to the requirements of SFLC Standard Specification 0000, General Requirements,

3.2.12 sanitary facilities for contractor-personnel, the following requirements apply:

o Sanitary facilities are not permitted on the pier and must be staged on shore o Mobile chemical toilets “porta-potties” are authorized in the shore staging area

3.7 CORRESPONDENCE:

To promote timely and effective administration, correspondence shall be subject to the following procedures:

a) Technical correspondence (where technical issues relating to compliance with the requirements herein) shall be addressed to the Contracting Officer’s Representative with an information copy to the Contracting Officer.

b) All other correspondence, including invoices, (that which proposes or otherwise involves waivers, deviations, or modifications to the requirements, terms or conditions of this SOW shall be addressed to the Contracting Officer with an information copy to the COR.

CLAUSES:

FAR 52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This order 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: http://acquisition.gov/far/index.html

The following clauses are incorporated by reference:

FAR 52.204-9 Personal Identity Verification of Contractor Personnel. (Jan 2011) FAR 52.204-13 System for Award Management Maintenance. (Oct 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) FAR 52.223-6 Drug-Free Workplace (May 2001) FAR 52.232-8 Discounts for Prompt Payment (FEB 2002) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) FAR 52.233-1 Disputes (May 2014) FAR 52.245-1 (Sep 2021) w/Alt I Government Property (Sep 2012) FAR 52.245-9 Uses and Charges (Apr 2012) HSAR 3052.211-70 Index for Specifications (DEC 2003) HSAR 3052.217-90 Delivery and Shifting of Vessel (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 3052.223-90 Accident and Fire Reporting (Dec 2003)

CLAUSES INCORPORTAED BY FULL TEXT

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020) (DHS-USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-

239) and Federal Acquisition Regulation (FAR) 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

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

(End of clause) http://acquisition.gov/far/index.html http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-3#FAR_3_908 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-3#FAR_3_908

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph

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

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

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV

2021)(DEVIATION 20-05)

Covered article means any hardware, software, or service that–

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

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

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

Covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

or

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

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

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

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

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or 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 requirement information in the body of the email. In the case of the Department of Defense, 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 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(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 covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

mailto:NDAA_Incidents@hq.dhs.gov https://dibnet.dod.mil/

(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 products or commercial services.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)(DEVIATION 20-05)

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

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

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

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

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

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

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

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

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

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

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

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

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

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

Control Reform Act of 2018 (50 U.S.C. 4817).

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

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

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered https://www.acquisition.gov/far/part-4#FAR_4_2104 by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, Contracting Officer’s Representative, and the Enterprise Security Operations Center (SOC) at NDAA.Incidents@hq.dha.gov, with required information in the bod 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 (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;

and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph

(e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

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

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUNE 1988)

https://www.acquisition.gov/far/part-4#FAR_4_2104 mailto:NDAA.Incidents@hq.dha.gov

U.S. Coast Guard standard specifications can be downloaded by copying the following link to a web browser:

http://www.dcms.uscg.mil/our-organization/assistant-commandant-for-engineering-logistics-cg-4-

/logistic-centers/surface-forces-logistics-center/contracting-links/standard-specifications/

Addendum to 52.212-4 – Contract Terms and Conditions – Commercial Products and Commercial Services

(c) Changes – Ship Repair

(1) The Contracting Officer may, at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract, in any one or more of the following:

(a) Drawings, designs, or specifications, when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications;

(b) Method of shipment or packing;

(c) Place of performance of the work;

(d) Time of commencement or completion of the work; and

(e) Other requirements within the general scope of the contract.

(2) If any such changes causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract accordingly.

(3) The contractor must submit any proposal for adjustment under this clause within 5 days from the date of receipt of the written order. At the Contracting Officer’s discretion, the 5-day period may be shortened. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(4) If the contractor’s proposal includes the cost of property rendered obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(5) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the contractor from proceeding with the contract as changed.

(w) Required Insurance

Prior to start of performance, the Contractor shall, at its own expense, procure and maintain the following kinds of insurance with respect to performance under the contract. In accordance with HSAR 3052.217- 95, Liability and Insurance, and 3052.228-70, Insurance; the Contractor shall furnish the Contracting Officer with proof of insurance for the duration of the contract, including:

http://www.dcms.uscg.mil/our-organization/assistant-commandant-for-engineering-logistics-cg-4-

(1) Ship Repairer’s Liability – $500,000 per occurrence.

(2) Comprehensive General Liability - $500,000 per occurrence.

(3) Full insurance coverage in accordance with the United States’ Longshoremen’s and Harbor

Worker’s Act.

(4) Full insurance coverage in accordance with the State’s Workmen’s Compensation Law (or its equivalent) for all places of performance under this contract.

The insurance certificate must provide the name of the US Coast Guard vessel and the contract and/or solicitation number as specifically insured.

(x) Change Request (CR) – Growth Work

(1) The Contractor shall not perform growth work without the Contracting Officer’s authorization. This clause applies to Change Requests (CR), also known as growth and emergent work ordered by the Contracting Officer pursuant to the Changes clause. The Contractor shall perform the CR at the composite labor rate stated in Attachment 2, Price Schedule, as described in paragraph (2) of this clause. All growth work shall be paid at the prices stated in Attachment 2, Price Schedule.

(2) The CR composite labor rate, that is listed in Attachment 2 is a flat, hourly rate used to price direct production labor hours and shall be burdened to include the cost of direct production labor, all associated indirect costs, and profit/fee as described below:

a. Direct production labor is defined as work that is directly related to the alteration, modification, and repair tasks performed directly on, or in direct support of, components or systems identified in the CR or elsewhere in the contract. Examples of direct production labor include the following: abrasive cleaning/water blasting, tank cleaning, welding, burning, brazing, blacksmithing, machining (inside and outside), carpentry, electrical/electronic work, crane operation, ship-fitting, lagging/insulating, painting, boiler-making, pipe fitting, engineering (production), sheet-metal work, installation and removal of staging/scaffolding, rigging, material handling (shop to ship and within the worksite in support of labor task), set-up (moving tools and equipment from shop to ship to perform a task), fire watch, general labor (including general support of journeyman tasks), cleaning (including debris pickup and removal), and pattern making.

b. Indirect costs are defined as all non-direct production costs and support functions, defined as functions that do not directly contribute to the alteration, modification, or repair of the item or system identified. Examples of indirect costs include the following: planning, estimating, supervision, management, ship superintendent functions, clerical, surveying, security, transportation, supervision, labor costs, worker-compensation, taxes, inventory control, warehousing, licensing, insurance, all other support items and functions, fixed asset costs, rentals on items normally owned as fixed assets such as tools and hand operated power tools, electrical generators and compressors for operating tools (for dry-docks), jigs and fixtures fabricated and used in shop to support production functions, security, contractor facility upkeep and utilities, workman’s compensation, taxes, office supplies, etc.

c. Direct consumables and expendables: supply items, manufactured or procured by the Contractor that are consumed or expended in conjunction with direct production (e.g., rags, gloves, respirators/masks, etc.)

(3) Detailed pricing for the following shall be priced and itemized separately to include all costs and profit/fee as described below and shall not be included in the CR composite labor rate:

a. Direct materials: supply items, manufactured or procured by the Contractor, that are installed in conjunction with direct production, or are otherwise turned over to the Coast Guard (e.g. plate, angle iron, welding rods, paint, pumps, motors, engine and gearbox oil, engine jacket water, etc.).

b. Direct subcontracted services: direct production service items and procured by the Contractor to support the contract (e.g., gas-free engineering services, rented crane services, rented temporary air conditioning units and other rented tools not normally owned as fixed assets, etc.).

(4) CRs do not include replacement work performed pursuant to HSAR 3052.217-92, Inspection and Manner of Doing Work or HSAR 3052.217-100, Guarantee clauses.

(5) It is the Government’s intention to award any growth work identified during the contract performance period to the contractor, if a fair and reasonable price can be negotiated for such work, based on Schedule rates. If a fair and reasonable price cannot be negotiated, the Government may, at its discretion, obtain services outside of the contract. Such services may be performed while the ship is undergoing repair in the contractor’s facility pursuant to the Access to Vessels clause.

(6) Change Requests shall be transmitted electronically via email. The bullets below display the process of how change requests are to be followed during availability.

CR Process will occur in the following order:

a. Condition Found Report (CFR) – Generated by the Contractor and provided to Contracting Officer’s…