Combined_Synopsis__Solicitation_Bertolf.docx

RFQ# 140D0422Q0624

Section 1-INTRODUCTION:

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in 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 140D0422Q0624 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, Surface Forces Logistic Center (SFLC) in accordance with Federal Acquisition Regulation (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) 2022-06, Effective May 26, 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 J999 “Non-Nuclear Ship Repair.” 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 United States Coast Guard (USCG) Surface Forces Logistics Center (SFCLC) 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 BERTHOLF as detailed in Attachment 1, Specifications.

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

The period of performance for this acquisition is December 14, 2022 – March 9, 2023. It is anticipated contract award will be made on or around October 15, 2022. Place of performance and acceptance will be USCG Base Alameda, Coast Guard Island, Alameda CA 94501.

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 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 (as applicable) with its Alternate I (Nov 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, 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 2:00 PM Eastern Time, August 15, 2022. Responses shall be emailed to Stephanie Mccullough, Contracting Officer, at Stephanie_Mcculough@ibc.doi.gov and Matthew Perlich, Contract Specialist, at matthew_perlich@ibc.doi.gov.

Contract Administration Office

(a) This Contract will be administered by:

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

The Contract Specialist (CS) for this effort is as follows:

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 July 21, 2022. After this date, further requests may not be accepted due to time constraints. To request drawings, contact the Contract Specialist and . All requests should identify the solicitation number 140D0422Q0624. 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 Contract Specialist and Contracting Officer no later than 1:00 pm EST Thursday, July 21, 2022.

Questions. Questions related to this RFQ package must be submitted via email to Stephanie_Mccullough@ibc.doi.gov, and matthew_perlich@ibc.doi.gov no later than 2:00 PM Eastern Time, July 22, 2022. All questions must be received in writing – No oral questions will be accepted. All e-mail inquiries must have “Questions – RFQ 140D0422Q0624” 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:

LT Jason Stonehouse, (510) 437-2917, jason.p.stonehouse@uscg.mil Alternate:

LCDR Nate Selavka, (510) 437-2934, nathaniel.p.selavka@uscg.mil Interested vendors requesting a ship check must meet facility access requirements for the cutter's home port.

USCGC BERTHOLF is available for a ship check during the solicitation period; however, the solicitation response date will not be extended due to timeframe in which the vendors schedules the check.

Alameda, CA (available 7/18/22 – 8/15/22) 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)

Section 2-STATEMENT OF REQUIREMENT:

1. The resulting contract will provide DOCKSIDE Repair to the USCGC BERTHOLF (WSML-752) 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 Alameda. 42 Eagle Rd Alameda, California.

3.2 DELIVERY POINT OF CONTACT (POC):

The delivery point of contact will be Alexander P. Broomfield. Contact information will be provided at award.

3.3 PERIOD OF PERFORMANCE:

The period of performance for this acquisition is December 14, 2022 – March 9, 2023. It is anticipated contract award will be made on or around October 15, 2022. Place of performance and acceptance will be USCG Base Alameda, Coast Guard Island, Alameda CA 94501.

3.4 WORK HOURS:

Cutter work hours are as follows:

Industrial work: Monday-Friday, 0700-1700 Hot work: Monday-Friday, 0800-1600, Cutter & COR approval required for Saturdays.

Transfers of fuel, oil, and/or water: Monday-Friday, 0800-1600 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 CDC, OSHA, state, and local guidance regarding COVID-19 precautions.

At USCG Base Alameda, and on board USCGC BERTHOLF, 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 Alameda: Mandatory wear of cloth face coverings by all personnel who are unvaccinated or who decline to provide their vaccination status when asked. Unvaccinated refers to the status of those individuals who are not fully vaccinated, those who are less than two weeks past their last vaccination in series of Pfizer, Moderna, or Jannsen/J&J vaccine. Vaccinated individuals do not need to wear a mask.

3.6 SECURITY REQUIREMENTS: Access to WMSLS in Alameda, California.

1. For access to Coast Guard Island, Alameda, 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.

1. 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.

1. 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.

1. 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.

1. 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.

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

Please contact the QA lead, LT Jason Stonehouse, at (510) 437-2917, or by email at jason.p.stonehouse@uscg.mil for additional information and processes on base access protocols.

3.7 ENVIRONMENTAL COMPLIANCE.

The items below are to inform homeported and visiting cutters and their contractors of the state and federal environmental requirements while working onboard Base Alameda. Notice of Violations (NOVs) are fines levied against the Base and/or Cutter Commanding Officer with goal of 100% compliance to avoid these enforcement actions. The contractor will be responsible for any fines the base or Commanding Officer receives as a result of violation in performance of this work. The items below represent the most common violations County/State/Federal regulators cite during inspections:

Garbage:

· Blue dumpsters and fenced refuse sorting areas on the pier are for Coast Guard use only, contractors are not allowed to use them and must provide means for their own disposal.

· All dumpsters must be covered at all times to avoid direct runoff to bay during rain.

Hazardous Materials:

· Hazardous materials shall be stored, labeled, and segregated properly at all times.

· Inventories of hazardous materials must be maintained and accessible at all times.

· All bulk liquid hazardous material shall have secondary containment.

Hazardous Waste:

· Hazardous waste stored in quantities greater than 55 gallons per waste stream at a single location must be reported to LCDR Agee so administrative records can be updated as required by law.

· A minimum of 5 days prior notification is required for hazardous waste offloads.

· All hazardous waste manifests can only be signed by the Base Alameda Hazardous Materials Coordinator.

· Please contact Genevieve Burgess, EPS at 510-437-5775 or Genevieve.l.burgess@uscg.mil, or LCDR Wes Agee at 510-437-2953 or Wesley.m.agee@uscg.mil for scheduling.

Air:

· Contractors are required to maintain a record available during all business hours showing hours run and fuel consumed for all portable equipment >50HP.

· Portable equipment shall have secondary containment at all times.

Water:

· Every effort shall be made to prevent debris of any kind from entering the estuary.

· No soaps or detergents can be used unless captured and properly disposed.

· Equipment may not be hosed off or pressure washed as loose dirt and oils could be released.

Miscellaneous:

· Maintain a minimum of a 20ft fire lane at the center of the pier at all times.

· There is no parking allowed on the pier at any time.

All Federal, State, and Local laws and regulations shall be strictly adhered to.

3.8 CORESPONDANCE:

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 and the Contract Specialist.

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 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 52.232-18 Availability of Funds (Apr 1984) 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 w/Alt I Government Property (Sep 2021) FAR 52.245-9 Uses and Charges (Apr 2012) FAR 52.246-1 Contractor Inspection Requirements (Apr 1984) HSAR 3052.211-70 Index for Specifications (Sep 2012) 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) 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.

(End of clause) 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)

(a) Definitions. As used in this clause— Covered article means any hardware, software, or service that–

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

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

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

Covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

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

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

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

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

(c) Reporting requirement.

(1) In the event the Contractor identifies 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.

(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.

(End of clause) 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)(DEVIATION 20-05)

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

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

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

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

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

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

Critical technology means–

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

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

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

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

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

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

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

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

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

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

(b) Prohibition.

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

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

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

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

(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.

(End of clause) 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUNE 1988) U.S. Coast Guard standard specifications can be downloaded by copying the following link to a web brower:

http://www.dcms.uscg.mil/our-organization/assistant-commandant-for-engineering-logistics-cg-4-/logistic-centers/surface-forces-logistics-center/contracting-links/standard-specifications/ (End of clause) 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 contract 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:

(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 labor billing rates designated in the Schedule, as described in paragraph (2) of this clause. All growth work shall be paid at the prices stated in the Schedule.

(2) The CR composite labor rate is a flat, hourly rate used to price direct production labor hours. Contractors shall provide a detailed breakdown that fully supports the quoted CR composite labor rate. The CR composite labor rate 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 Representative (COR)

b. Condition Report Relay (CRR) – Generated by the COR and provided to the Contractor

c. Change Request – CR and IGE are generated by the COR and forward to the Contracting Officer

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

e. Contractor’s Quote – Provided to the Contracting Officer for the identified tasking on CR

f. Negotiations – If needed, take place to establish pricing.

g. Approved Work Request – Forwarded to the Contractor and COR by the Contracting Officer

h. Modification to Contract – The Contract Specialist and Contracting Officer will issue a modification covering all CR’s.

(7) The contractor shall submit to the Contracting Officer the following information in all CR quotes:

a. The number of direct production labor hours that will be used to accomplish the tasks specified in the CR.

b. A list of each direct material, direct subcontracted service, and direct consumable and expendable item that will be used to accomplish the CR, and a corresponding price for each item. The Contracting Officer may request evidence in support of the offered prices such as material receipts and quotes received from subcontractor.

c. Any proposed changes to the Schedule of Work.

(8) The contractor shall not be entitled to payment for any hours ordered pursuant to this clause until such time as a written contract modification is executed.

(y) Schedule of Work

(1) Notwithstanding other requirements specified in this contract, the contractor shall provide to the Contracting Officer and COR the following documents within three (3) working days of the vessel’s arrival at the contractor’s facility for dry-dock availabilities and at the arrival conference for dry-dock availabilities:

a. Production Schedule

b. Work Package Network

c. Total Manpower Loading Curve

d. Trade Manning Curves

e. Subcontracting List

(2) The Production Schedule shall list the earliest, latest, and scheduled start and completion date for each work item awarded and shall identify the critical path. The Work Package Network shall show the work items, milestones, key events, and activities and shall clearly identify the critical path. The Total Manpower Loading Curve shall show the required manning for the duration of the contract. The Trade Manning Curves shall show the required manning for each trade for the duration of the contract. The Subcontracting List shall show work items, milestones, key events, and activities to be accomplished by subcontractors.

(3) Additional Item Requirements ordered and agreed upon, whether or not yet formalized via a change order (contract modification), shall be added to the Production Schedule, Trade Manning Curves, and Subcontracting List and submitted to the Contracting Officer and COR at each weekly Progress Meeting. Any anticipated or unanticipated deviation (greater than two (2) calendar days) from the Production Schedule shall be immediately brought to the attention of the Contracting Officer or COR.

(z) Access to the Vessel

(1) As authorized by the Contracting Officer, a reasonable number of officers, employees and personnel designated by the Government, or representatives of other contractors and their subcontractors shall have admission to the facility and access to the vessel at all reasonable times to perform and fulfill their respective obligations to the Government on a noninterference basis. The contractor shall make reasonable arrangements to provide access for these personnel to office space, work areas, storage or shop areas, and other facilities and services reasonable and necessary to perform their duties. All such personnel shall comply with the contractor rules and regulations governing personnel at its shipyard, including those regarding safety and security.

(2) The contractor further agrees to allow a reasonable number of officers, employees, and designated personnel of offerors on other contemplated work, the same privileges of admission to the contractor’s facility and access to the vessel(s) on a noninterference basis, subject to contractor rules and regulations governing personnel in its shipyard, including those regarding safety and security.

(aa) Temporary Services

(1) Temporary services are services incidental to the performance of work which are required in the schedule or specifications to be provided by the contractor. Temporary services may include the furnishing of water, electricity, telephone service, toilet facilities, garbage removal, and office space, parking places or similar facilities.

(2) If performance time is extended due to Government-caused delay, the contractor may request an equitable adjustment for providing temporary services at the rate stated in the Schedule.

(ab) 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.