Combined Synopsis Solicitation - USCGC BERTHOLF DS FQ3 FY21.pdf

USCGC BERTHOLF (WSML 750)

DOCKSIDE REPAIRS

70Z08521QP4517900

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an

Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable

Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting

Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent

Review is available by the Ombudsman. The protester may file a formal agency protest to either the

Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR

33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the

Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the

Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

mailto:OPAP@uscg.mil

70Z08521QP4517900

This is a combined synopsis/solicitation for commercial items prepared in accordance with

Federal Acquisition Regulation (FAR) Subpart 12.6 and Subpart 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotations are being requested and a written solicitation will not be issued. Solicitation number

70Z08521QP4517900 is issued as a Request for Quotations (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular

(FAC) 2021-01 effective October 2, 2020, Department of Homeland Security Acquisition

Regulation (HSAR) effective February 2019, Homeland Security Acquisition Manual

(HSAM) 2020-10 effective July 31, 2020, Coast Guard Acquisition Procedures (CGAP) 2017-

02 effective September 29, 2017, FAR Class Deviation 14-01 (DEC 2014), FAR Class

Deviation 2019-01 Rev 1 (AUG 2020), FAR Class Deviation 20-04 Rev 1(AUG 2020), FAR

Class Deviation 2020-05 (APR 2020), and FAR Class Deviation 2020-05 Rev 1(AUG 2020).

NORTH AMERICAN INDUSTRY CLASSIFICATION STANDARD CODE:

The applicable North American Industry Classification Standard Code is 336611. The small business size standard is 1,250 employees. This solicitation is issued as a 100% Total Small

Business Set- Aside. All responsible small business sources may submit a quotation, which shall be considered by the agency.

It is anticipated that one (1) firm fixed price contract will be awarded as a result of this synopsis/solicitation.

The following documents are attached:

Attachment 1: Schedule of Services

Attachment 2: Statement of Work – Specification

AGENCY INFORMATION:

Wayne Gutman

Contract Specialist

(832) 709-3439

Wayne.m.Gutman@uscg.mil

Ms. Marcella Brown

Contracting Officer

(510) 437-5240 marcella.v.brown@uscg.mil

LTJG Nicholas Paisker

Contracting Officer’s

Representative

(510) 437-2796 nicholas.c.paisker@uscg.mil

PERIOD OF PERFORMANCE: The period of performance for this contract is 26 April 2021 to

25 June 2021. Contractors that have this capability are invited to submit quotations in accordance with the requirements stipulated in this solicitation.

PLACE OF PERFORMANCE: USCG Base Alameda, Coast Guard Island, Alameda CA 94501-

REQUEST FOR DRAWINGS: The last day to request drawings regarding this solicitation is 12

February 2021. After this date, further requests may not be accepted due to time constraints. To request drawings, contact the Contract Specialist. All requests should identify the solicitation number 70Z08521QP4517900.

https://www.acquisition.gov/ http://dhsconnect.dhs.gov/org/comp/mgmt/ocpo/APL/Pages/RegulationsSupplements.aspx http://dhsconnect.dhs.gov/org/comp/mgmt/ocpo/APL/Pages/RegulationsSupplements.aspx http://dhsconnect.dhs.gov/org/comp/mgmt/ocpo/APL/Pages/RegulationsSupplements.aspx http://dhsconnect.dhs.gov/org/comp/mgmt/ocpo/APL/Pages/RegulationsSupplements.aspx https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Acquisitions-CG-9/Doing-Business-copy/Acquisition-Policy-and-Regulations/ https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Acquisitions-CG-9/Doing-Business-copy/Acquisition-Policy-and-Regulations/ https://www.dhs.gov/publication/current-far-deviations https://www.dhs.gov/publication/current-far-deviations https://www.dhs.gov/publication/current-far-deviations https://www.dhs.gov/publication/current-far-deviations https://www.dhs.gov/publication/current-far-deviations https://www.dhs.gov/publication/current-far-deviations https://www.dhs.gov/publication/current-far-deviations mailto:Wayne.m.Gutman@uscg.mil mailto:marcella.v.brown@uscg.mil mailto:nicholas.c.paisker@uscg.mil

70Z08521QP4517900

QUESTIONS: Questions regarding this solicitation shall be submitted by 15 February 2021. After this date, further requests may not be accepted due to time constraints. For questions regarding this solicitation, please contact the Contract Specialist or the Contracting Officer. All requests should identify the solicitation number 70Z08521QP4517900.

SUBMISSION OF QUOTES: E-mail quotations shall be sent to the Contract Specialist and

Contracting Officer. Please indicate 70Z08521QP4517900 in the subject line. Contractor must affirm that the pricing provided from the quote shall be valid up to the date of contract award. Quotes shall be submitted by February 23, 2021 no later than 1:00 PM PST.

Statement of Requirement The proposed contract to be awarded by the United States Coast Guard (USCG) shall be for

DOCKSIDE repairs to the USCGC BERTHOLF (WSML 750) as specified in Attachment 2 –

Statement of Work (SOW) - Specification. The contractor shall provide all labor, materials, equipment, etc. necessary to meet the requirements of the specification.

The following clauses, provisions, and addenda applies to this acquisition:

52.212-1 Instructions to Offerors - Commercial Items (Tailored) JUN 2020

Clause 52.212-1 is tailored as follows:

Instructions to Quoters—Commercial Items

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on the SF1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotations;

(3) The name, address, and telephone number of the quoter;

(4) All required technical documentation as identified in the “technical capabilities” evaluation factor;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see

FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194

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recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the quotation is not submitted on the SF1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Reserved.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple quotations. Quoters are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.

(f) Late submissions.

(1) Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated

Government office on the date that quotations are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal

Government processes resume.

(g) Issuance of Purchase Order. The Government intends to evaluate quotations and issue a purchase order based on the initial quotations received. Therefore, the quoter’s initial quotation should contain the quoter’s best terms from a price and technical standpoint. The Government reserves the right to request revised quotations from, or negotiate final purchase order terms with, one or more, but not all, quoters if determined by the Contracting Officer to be necessary.

The Contracting Officer will not establish a competitive range, conduct discussions, or otherwise use the procedures described at FAR 15. The Government may reject any or all quotations if such action is in the public interest; and issue a purchase order to other than the quoter with the lowest priced quotation.

https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284

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(h) Multiple awards. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item

Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100

470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of

Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (h)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense

Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600

EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding

$3,000, and quotations of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the quoter’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the quoter to establish additional SAM records for identifying alternative

Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_11.html#wp1043964

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quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter within the United States may contact Dun and Bradstreet by calling 1-866-705-

5711 or via the internet at http://fedgov.dnb.com/webform. A quoter located outside the United

States must contact the local Dun and Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and

Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quotation, the quoter acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the

Contracting Officer will proceed to award to the next otherwise successful registered Quoter.

Quoters may obtain information on registration and annual confirmation requirements via the

SAM database accessed through https://www.acquisition.gov.

(l) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on award(s) resulting from this solicitation from the contracting officer.

The provision at Federal Acquisition Regulation (FAR) 52.212-2 Evaluation of Commercial

Items (OCT 2014) is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 13.106-2 based on the criteria listed below.

Evaluation Criteria The Government will award a contract resulting from this solicitation to the responsible contractor whose quote is the most advantageous best value to the Government, price and non-price factors considered. The following factors shall be used to evaluate quotes:

A. Technical Capabilities

B. Past Performance

C. Price

Technical Capabilities:

Technical Acceptability will be evaluated to determine an overall rating. This will be determined by evaluating the ability of the contractor to provide a sound, compliant approach that meets all requirements listed in the Specification and demonstrates a thorough knowledge and understanding of the requirements. It is the contractor’s responsibility to ensure that their quote clearly demonstrates their ability to perform these requirements. All contractors must provide the following minimum information and documentation with their quotes to be considered technically acceptable:

http://fedgov.dnb.com/webform https://www.acquisition.gov/

Technical Approach:

Technical Evaluation Factors

Technical Approach

Submit a legible Planning Document (PD) with the following characteristics:

Graphical in format

Shows overall period of performance for each CLIN, with start and stop dates of major sub-tasks.

Contains due dates for Critical Inspection Reports (CIR) and any events requiring Coast Guard Inspector presence.

Identifies all work item time periods that require OEM Tech

Rep assistance.

Identifies the critical paths for the project.

Shows calculations for the float along the critical paths and labels the critical paths with the number of delay days the critical paths can absorb without affecting the final delivery date.

Past Performance:

Past performance will be evaluated in accordance with the above 52.212-1 and FAR 13.106-2(b)(3).

The Government reserves the right to limit or expand the number of references it decides to utilize in determining past performance within the last two years at time of solicitation closing date. Any past performance ratings less than satisfactory may not be considered for award.

Price:

The contractor shall provide pricing as requested in Attachment 1, Schedule of Services

70Z08521QP4517900. Contractor’s price shall represent the best price in response to the request for quote. The price shall be evaluated to determine fairness and reasonableness. Options. The

Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the

Government to exercise the option(s).

Evaluation Method

The Government will evaluate proposals using a tradeoff process to determine the best overall value and consider award to other than the lowest priced offeror or than the highest technically rated offer. The relative importance of technical and past performance combined, are more important than cost or price. The evaluation factors above are the mandatory minimum requirement for eligibility for evaluation. Failure to comply with the requirement may lead to outright rejection of the quote.

Quoters are required to include a completed copy of the provision at FAR 52.212-3 -- Offeror

Representations and Certifications -- Commercial Items. (JAN 2021) with Alternate I (OCT

2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM)

Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (End of Provision)

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items (OCT 2018), applies to this acquisition and includes the following addenda:

(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 change 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, http://www.sam.gov/portal

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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, shipfitting, lagging/insulating, painting, boilermaking, pipe fitting, engineering

(production), sheetmetal 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, 70Z08521QP4517900 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 drydocks), 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 clause or HSAR 3052.217-100 Guarantees clause.

(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 the availability:

CR Process will occur in the following order:

a. Condition Found Report (CFR)-Generated by the Contractor and provided to COR

b. Condition Report Reply(CRR)-Generated by the COR and provided to Contractor

c. Change Request- CR and IGE are generated by the COR and forwarded to KO

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

e. Contractor’s Quote- Provided to the KO for the identified tasking on CR

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

g. Approved Work Request- Forwarded to Contractor and COR by the KO

h. Modification to Contract- The KS/KO will issue a modification covering all CR’s.

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

70Z08521QP4517900

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 accomplished 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 and COR.

4. Any deviation in the Production Schedule which results in a delay in the completion of work on a vessel past the established performance period completion date may entitle the

Government to remedies for late performance under subparagraph (f) of this clause titled

Excusable delays.

(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 contractor rules and regulations governing

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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.

(3) Hot work is authorized between the hours of 0800-1700 Monday through Friday. Necessary waivers/deviations should be requested to the Contracting Officer. Loud industrial work is not authorized on Sundays during the period of performance.

(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

24hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager.

The Contracting Officer will render a final determination and provide it to the Contractor and

COR in writing.

(ac) Option for Increased Quantity – Separately Priced Line Item The Government may require the performance of the numbered line items, identified in the Schedule as option items, at the unit prices stated in the Schedule. The option quantities shown in the Schedule are estimates only. The Government has the right to require performance of these items at the quantities deemed necessary. Therefore, the Government may exercise an option item on more than one occasion during the contract performance period. The Contracting Officer will provide initial notification of the exercise of an option either verbally, by facsimile, or both. When time is of essence initial notification will be provided verbally followed within 24 hours by a facsimile of confirmation. A contract modification will be executed shortly thereafter to include those options wherein exercise notification was provided. Such options may be exercised at any phase during the contract performance period as stated herein, or any extension of the performance period. To maintain the contract performance period the

Contractor shall commence performance of an option item immediately upon receiving initial notification;

but, not later than 24 hours thereafter, unless proper sequencing of the work requires a delay in beginning performance of the option. In that case, the option item shall be commenced as soon as proper sequencing permits. The exercise of any option item listed in the Schedule will not normally extend the contract performance period. However, the Contracting Officer may consider a request by the Contractor for contract extension if an option is exercised after 50% of the contract performance period has expired.

(ad) Facility Access Instructions for USCG Base Alameda

A. For access to USCG Base Honolulu or Coast Guard Island, Alameda, the contract shall have

RAPIDGate credentials. All personnel that need access to the base, such as on-site personnel, 70Z08521QP4517900 subcontractors (including second and third-tier subcontractors) and suppliers will need RAPIDGate credentials. This process must be completed prior to the start of work. Therefore, the Contractor shall begin the RAPIDGate registration process no less than 45 calendar days before on-site work is to commence. For enrollment into the RapidGate program for base access privileges, information can be found at www.rapidgate.com or by calling the RAPIDGate program at 1-877-

727-4342. Please note that all costs associated with registration and participation in the

RAPIDGate Program is at the sole expense of the contractor.

B. The Contractor shall provide a list of all on-site personnel, sub-contractors (including second and third tier subcontractors), and suppliers, to the contracting officer and Contracting Officer’s

Representative no less than 30 calendar days before on-site work is to commence. The Contractor shall update this list when changes occur and ensure all personnel satisfy base access standards, and have RAPIDGate credentials.

C. Contractor personnel not listed and without RAPIDGate credentials may be denied access to the

Coast Guard Facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the Coast Guard Facility. Contractor personnel shall have photo identification at all times while working on Coast Guard facilities. Special identification requirements may be needed to obtain the RAPIDGate credentials.

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

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

F. Contractors shall provide the Contracting Officer’s Representative with 24 hours of advance notice of every delivery to the site (e.g. concrete, lumber, parts, etc) and provide the company name, delivery person. And phone number of the firm(s) making deliveries. All vehicle access to

Government property requires vehicle registration and proof of liability insurance. Otherwise access to the Coast Guard facility may be denied.

Please contact the Port Engineer, LTJG Nicholas Paisker, at (510) 437-2796, or by email at

Nicholas.C.Paisker@uscg.mil for additional information and processes on base access protocols.

(ae) Environmental Compliance Requirements USCG Base Alameda

The items below are to inform Base tenants and contractors of the many environmental requirements while working onboard Base Alameda. The items below represent the most common areas but are not all encompassing:

http://www.rapidgate.com/ mailto:Nicholas.C.Paisker@uscg.mil

70Z08521QP4517900

Garbage:

• Blue dumpsters & fenced refuse sorting areas on the pier are for Coast Guard use only

• Additional dumpsters must be covered at all times

Hazardous Materials:

• Hazardous materials shall be stored, labeled, and segregated properly

• Inventories of hazardous materials must be maintained & accessible at all times

• Liquid hazardous material shall have secondary containment

Hazardous Waste:

• Hazardous waste cannot be stored in quantities greater than 55 gallons per waste stream at single location (This applies to containers’ volume even when not full)

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

• All hazardous waste manifests shall be signed by the Base Alameda Hazardous Materials Coordinator

Please contact DC1 Adam Brown at 510-437-3288 or Adam.M.Brown@uscg.mil, or LT Wes Agee at

510-437-2953 or Wesley.M.Agee@uscg.mil for scheduling

Air:

• Maintain a record of hours ran and fuel consumed for portable equipment >50HP

• Equipment operating record shall be made available at all times

• Portable equipment shall have secondary containment

Water:

• No contaminants can enter the estuary.

• No soaps or detergents can be used unless captured & properly disposed

• Equipment may not be hosed off or pressure washed as loose dirt & oils could be released

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

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

(af) Pre-Deployment Personnel Protective Equipment (PPE) and Restriction of Movement

(ROM) Procedures

USCGC BERTHOLF commences pre-deployment ROM on 07 July, 2021. USCGC BERTHOLF sea trials are anticipated to occur in conjunction with the ship’s deployment on 20 July, 2021.

Pre-Deployment Personnel Protective Equipment (PPE) Requirements

Contractors working on the ship starting two days prior to the commencement of the ROM period, through the entirety of the ROM period, and ending upon the ship getting underway for deployment are required to don a N95 fitted facemask. Contractors shall ensure masks are properly fit tested prior to use.

For this contract, these PPE requirements apply starting on 07 July, 2021.

Pre-Deployment Restriction of Movement (ROM) Requirements

Contractors deploying on the ship for sea trials as part of the ship’s deployment must adhere to a

14-day ROM in the port of departure or at the point of embarkation. The Contracting Officer shall approve the ROM locations for all Contractors. Contractors are only authorized to depart their self-isolation locations for emergent medical needs, to conduct essential work aboard the ship, and to conduct essential errands that can be performed while maintaining social distancing practices as no-touch events (car-side grocery pickup, drive-thru bank ATM, etc). Contractors must ensure their protection from family members/roommates not performing ROM with them. If family

70Z08521QP4517900

members or roommates are unable to ROM or relocate, Contractors must ROM at a different location.

Contractors deploying on the ship for sea trials as part of the ship’s shakedown period are not required to adhere to a ROM.

For this contract, these ROM requirements apply starting on 07 July, 2021.

(ag) Contractor COVID-19 Prevention and Response Plan

The Contractor shall adhere to CDC, OSHA, state, and local guidance regarding COVID-19 precautions. In addition, the Contractor shall adhere to the following additional requirements, as necessary: Requirements specific to District 11 and Base Alameda: mandatory wear of cloth face coverings by all personnel. Requirements specific to USCGC BERTHOLF: mandatory wear of cloth face coverings by all personnel. In the event of a positive COVID-19 test among government or contractor personnel working aboard the cutter during the contract, the Contracting Officer will direct contractor personnel continuing to work aboard the cutter to wear properly fit-tested N95 respirators instead of cloth face coverings. Additional expenses should be documented via CFR. Finally, the

Contractor shall prepare a COVID-19 Prevention and Response Plan specific to this contract which details the Contractor’s prevention and response plans and procedures. This document shall be submitted after award but no later than the Arrival Conference.

(End of FAR 52.212-4 Addendum)

The clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders—Commercial Items (JAN 2021), applies to this acquisition and the additional FAR clauses cited in the clause are applicable to the acquisition:

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun

2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

(18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(22) 52.219-28, Post Award Small Business Program Representation (May 2020) (15 U.S.C.

632(a)(2)) https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136174 http://uscode.house.gov/

70Z08521QP4517900

(27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(30) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(31) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).

(32) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

(35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and

E.O. 13627).

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

(48) 52.225-1, Buy American - Supplies (MAY 2014) (41 U.S.C. chapter 83).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the

Treasury).

(58) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Oct

2018) (31 U.S.C. 3332).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

(End of clause)

Full Text Clauses

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 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.

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016).

(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…