CombinedSynopsis In-Place Davit Overhaul_Renewal.pdf

70Z08021QP4523900 In-Place Davit Overhaul_Renewal

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 timeconsuming 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.

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 of the Federal Acquisition Regulation (FAR), Acquisition of

Commercial Items; FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items;

and FAR Subpart 16.5, Indefinite-Delivery Contracts as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, proposals are being requested and a written solicitation will not be issued.

2. All correspondence regarding this acquisition shall reference Request for Quotation (RFQ)

Number 70Z08021QP4523900.

3. This solicitation and the incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2021-06.

4. This request for quotations (RFQ) is set aside for Small Business. The applicable North

American Industry Classification Standard Code (NAICS) is 336611. The Small Business size standard is 1250 employees.

5. Quotes are to be submitted on Attachment II pricing sheet entitled “Schedule of

Supplies”.

6. The U.S. Coast Guard (USCG) Surface Forces Logistics Center (SFLC) Medium Endurance

Cutter Product Line (MECPL) intends to award a firm-fixed-price Requirements contract containing one (1) base year and four (4) one-year options as a result of this synopsis/solicitation. The Contractor shall furnish all necessary labor, material, services, equipment, supplies, power, accessories, and such other things as are necessary, except as otherwise specified, to inspect, test, and overhaul or renew a Welin-Lambie TW.PIV 5.0B Dual

Point Davit in accordance with this solicitation and the attached specification titled, Specification for Welin Lambie Dual Point Davit Model TW PIV 5.0B Support FY2021 (Rev-

0, 18 August 2021) (Attachment III).

7. Delivery:

a) The Government requires delivery as stated below in accordance with FAR 52.211-8, Time of Delivery (Jun 1997).

REQUIRED DELIVERY SCHEDULE

CLIN DESCRIPTION QUANTITY

WITHIN DAYS AFTER

DATE OF CONTRACT

X001

Inspect, Test, and Overhaul of the

TW.PIV 5.0B Dual Point Davit in accordance with Work Item 1 of the

Specification

DELIVERABLES

Receipt Report in accordance with

Work Item 1 of the specification, Section 3.1.6, submit Condition

Found Report (CFR)

As required

Within 21 calendar days of start of overhaul

Within 2 calendar days of start of overhaul period of performance

Clean and visually inspect items and provide and submit a CFR in

Specification, Section 3.2

Submit CFR with calibration date in

Specification, Section 3.3.3

Perform NDE in accordance with

SFLC Spec 0740, Appendix C, submit CFR

Post Overhaul Tests – Submit a CFR summarizing all test results in accordance with Work Item 1 of

Specification, Section 3.7

QA Inspection Forms (QA-1 thru

QA-5) in accordance with the

General Requirements, Section 4 of the Specification

Within 15 calendar days of

Within 10 calendar days of

Within 1 calendar day of completion of post overhaul tests

During preservation work

X002

Renewal of the TW.PIV 5.0B Dual

Point Davit in accordance with Work

Item 2 of the Specification

DELIVERABLES:

Work Item 2 of the specification, Section 3.2

Visually inspect items and submit a

CFR in accordance with Work Item

2 of the Specification, Section 3.2.1

Visually inspect accumulator(s), submit CFR in accordance with

Work Item 2 of the Specification, Section 3.2.2

Section 3.4

Post Renewal Tests in accordance with Work Item 2 of the

Specification, Section 3.6.6.3 –

Submit a CFR summarizing all test results

As required

Within 14 calendar days of start of renewal

Within 7 calendar days of

Within 1 calendar day of completion of post overhaul tests

X003 Travel and Per Diem As required

Estimated travel quotes are to be submitted upon request for review and approval by COR and KO prior to delivery order award

X004

Shipping and storage of davit in accordance with Work Item 3 of the

Specification

As required

Shipping quotes shall be sent to COR and KO upon request for review and approval prior to delivery order award

If delivery times differ for individual line items, please include that information with the submitted quote. If a proposed delivery time is not provided, the required delivery time shall apply. The Government will equally evaluate, with regards to time of delivery, offers that propose delivery schedules of each CLIN within the required delivery period. Offers that propose delivery that will not clearly fall within the required delivery period specified above may be found unacceptable and may be rejected. The Government reserves the right to award under the required delivery schedule or the proposed delivery schedule when an offeror provides an earlier delivery schedule than required above.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

CLIN DESCRIPTION QUANTITY

WITHIN DAYS AFTER

DATE OF CONTRACT

X001

Inspect, Test, and Overhaul of the

TW.PIV 5.0B Dual Point Davit in

Specification

DELIVERABLES

Work Item 1 of the specification, Section 3.1.6, submit Condition

Found Report (CFR)

Clean and visually inspect items and provide and submit a CFR in

Specification, Section 3.2

As required

Within ___ calendar days of start of overhaul of start of overhaul period of performance

Submit CFR with calibration date in

Specification, Section 3.3.3

SFLC Spec 0740, Appendix C, submit CFR

Post Overhaul Tests – Submit a CFR summarizing all test results in accordance with Work Item 1 of

Specification, Section 3.7

Within ___ calendar day(s) of completion of post overhaul tests

X002

Renewal of the TW.PIV 5.0B Dual

Point Davit in accordance with Work

Item 2 of the Specification

DELIVERABLES:

Work Item 2 of the specification, Section 3.2

Visually inspect items and submit a

CFR in accordance with Work Item

2 of the Specification, Section 3.2.1

Visually inspect accumulator(s), submit CFR in accordance with

Section 3.2.2

Section 3.4

Post Renewal Tests in accordance with Work Item 2 of the

Specification, Section 3.6.6.3 –

Submit a CFR summarizing all test results

As required of start of renewal

Within ___ calendar day(s) of completion of post overhaul tests

X003 Travel and Per Diem As required

Estimated travel quotes are to be submitted upon request for review and approval by COR and KO prior to delivery order award

X004

Shipping and storage of davit in accordance with Work Item 3 of the

Specification

As required

Shipping quotes shall be sent to COR and KO upon request for review and approval prior to delivery order award

b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date; the offer will be considered nonresponsive and rejected.

8. Place of Delivery – Destination

a) Any written reports shall be submitted electronically to the Contract Administrator and

Contracting Officer’s Representative (COR), at the following email addresses:

Christina Ayers – Christina.L.Ayers@uscg.mil

Pete Pilla – Peter.D.Pilla@uscg.mil

b) Preservation, Packaging, and Marking:

Each F condition davit shall be individually preserved, packaged, marked and bar coded in accordance with ASTM D3951. NOTE: Failure to prepare for shipment any item, and/or mark all packages, boxes, etc., as indicated herein may result in

REJECTION of the shipment and return of the shipment at the contractor’s expense.

c) Packing List:

All material shipped or delivered to the U.S. Coast Guard Surface Forces Logistics

Center under this contract must be accompanied by an itemized packing list that cites the proper contract and delivery order number. Each packing unit shall have a list of all items contained in that unit, and a duplicate list shall be attached to the outside of mailto:Christina.L.Ayers@uscg.mil mailto:Peter.D.Pilla@uscg.mil the package in a waterproof envelope securely attached in a conspicuous place, but so located as to reduce the possibility of loss in shipping and handling.

d) Delivery of Government Furnished Property

The Government shall be responsible for providing delivery of all Government

Furnished Property to the cutter’s homeport. This does NOT include the shipment of the A or F condition TW.PIV 5.0B davit.

9. Government acceptance:

Final acceptance shall be made by a Government representative at Destination. For supplies, acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the individual preservation, packaging, and marking requirements as outlined in ASTM D3951.

10. Place of Performance: Work will performed at cutter homeports including but not limited to:

Port Angeles, WA

Warrenton, OR

Boston, MA

Kittery, ME

Cape Canaveral, FL

Key West, FL

St. Petersburg, FL

Portsmouth, VA

Little Creek, VA

Wilmington, NC

Pensacola, FL

11. FAR Provision 52.212-1, Instructions to Offerors - Commercial Items (Jul 2021), applies to this acquisition. The following addenda apply:

a) To ensure timely and equitable evaluation of the quotation, the offeror must follow the instructions contained herein. The quotation must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The quotation shall consist of three (3) separate parts; Part I –Technical Capability, Part II - Past

Performance, and Part III – Price.

b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers must show:

(1) The solicitation number;

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

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

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

c) Specific Instructions:

The quotation shall be submitted electronically with three (3) attachments:

Part 1: Technical Capability – maximum ten (10) pages using font no smaller than Times

New Roman 12

Part 2: Past Performance – maximum five (5) pages using font no smaller than Times New

Roman 12

Part 3: Price – Please enter pricing data to Attachment II

Questions are due via email no later than September 7, 2021, by 12:00 Noon Eastern

Standard Time to email address Christina.L.Ayers@uscg.mil. Questions submitted after this deadline may not be answered.

Quotations are due no later than September 15, 2021, by 4:00 PM Eastern Standard Time to

Christina.L.Ayers@uscg.mil

All submissions shall include 70Z08021QP4523900 in the subject line of the email. All offerors submitting quotations must be registered and active in SAM https://www.sam.gov at time of submittal. If you are not actively registered in SAM, your quotation will not be considered.

Late submissions may not be accepted.

Responsibility - The Offeror must be determined responsible in accordance with the standards of Federal Acquisition Regulation (FAR) Subpart 9.1 to be eligible for award.

12. FAR Provision 52.212-2, Evaluation-Commercial Items (Oct 2014). The following addenda apply:

a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate offers:

i. Factor I – Technical Capability

ii. Factor II – Past Performance

iii. Factor III – Price

Technical Capability and Past Performance, when combined, are more important than

Price.

The contract award decision will be based on the offeror that represents the best value to the

Government given the application of the trade-off process and the established evaluation factors.

This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply.

b) 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).

https://www.sam.gov/

c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

EVALUATION

Factor I: Technical Capability: Offerors must demonstrate their capability to successfully accomplish the work outlined in Specification for Welin Lambie Dual Point Davit Model TW

PIV 5.0B Support FY2021, Rev-0, 18 August 2021 within the timeframes stated for CLIN’s

X001 and X002. Additionally, offerors must be able to provide documentation confirming capability of providing the following:

Electrician who is able to disconnect, reconnect and label wiring from the main power to davit system and disconnecting power to various motors, electrical panels, etc. for both renewal and overhaul in accordance with SFLC Standard Spec. 2351.

Ship Fitter who is able to remove/install associated hardware and GFE provided parts in accordance with Coast Guard Technical publication 3943, Twin Pivot Arm Davit, Type TW.PIV

5.0 B guidance, be required to drain & add hydraulic fluid to davit system for davit renewal and overhaul in accordance with SFLC Standard Spec. 5000, Auxiliary Machine Systems.

Painter who is able conduct touch up preservation must be conducted in accordance with SFLC

Standard Spec. 6310, Requirements for Preservation of Ship Structures, COMDTINST M10360.3

Colors & Coating Manual, Federal Standard 595B, Colors used in government procurement and

Society for Protective Coatings, NACE International Joint Surface Preparation Standard SSPC-

SP7/NACE NO.4, 2007, Brush Off Blast Cleaning.

Welder who must be certified in accordance with SFLC Standard Specification 0740, Welding and Allied Processes 2014.

Offeror should provide any certificates in support of capability statements. Any offeror found to be technically not capable shall not be evaluated for award.

Factor II: Past Performance: Past performance will be evaluated to determine the Offeror’s capability to successfully meet the performance requirements. Evaluation of past performance will be subjective, based on consideration of all relevant past performance information obtained by the Government.

An Offeror without a record of relevant past performance will be given a “Neutral” rating on the

Past Performance factor. However, the quotation of an Offeror with no relevant past performance history, while rated Neutral in past performance, may or may not represent the most advantageous quotation to the Government and thus, may or may not be a successful quotation when compared to the quotations of other Offerors.

Past performance will be evaluated for relevance based on the past performance narrative included in the Offeror’s quotation. If an example of past performance is determined to be non-relevant, it will not be further evaluated for quality of performance.

Offerors shall furnish the information listed below for at least two (2) relevant past performance references completed within the last three (3) years that are relevant to this requirement (i.e., the same or similar requirement) and are held with government (federal, state, local), private or commercial entities.

Name of

Company/Organization:

Contract Number:

Contract Type/Amount:

Period of Performance:

Description of Supply or

Service:

First Point of Contact

(Name):

Phone Number:

E-Mail Address:

Second Point of Contact

(Name):

Phone Number:

E-Mail Address:

Note: The Government may use past performance information obtained from any source to evaluate past performance. All information obtained will be used to determine the offeror’s ability to perform the contract successfully.

In evaluating offerors past performance, the Government intends to review USCG Contractor

Performance Assessment Reports and other existing past performance ratings on relevant contracts. General trends in an offerors performance will also be considered. References other than those provided by the Offeror may be provided to the Government to obtain additional information that will be used in the evaluation of the offeror’s past performance such as government databases and internal organization.

Offerors shall include past performance information for any teaming partners to be utilized during performance and must be relevant to the scope of work they may perform under the Requirements

Contract resulting from this solicitation.

Offerors lacking relevant past performance history will receive a Neutral rating for past performance. The offeror will be evaluated neither favorably nor unfavorably on past performance.

Factor III – PRICE: Offeror’s price shall represent the best price in response to the request for quote. The price shall be evaluated to determine fairness and reasonableness. Offerors are required to provide prices for all items/CLINs for the Base and all Option years. All prices on

CLINS (Attachment II) shall be a firm-fixed price. The total of all CLINS shall be added together to arrive at an aggregate total. The unit price and total estimated price for CLIN X003* is for evaluation purposes only as travel and per diem cannot reasonably be estimated at award.

Offerors shall include the total prices for CLINS 0003-4003 listed in the total estimated value of their quote.

The Government will evaluate offerors that propose delivery of each CLIN within the required delivery period. Offers that propose delivery that will not clearly fall within the required delivery period specified above may be found unacceptable and may be rejected. The Government reserves the right to award under the required delivery schedule or the proposed delivery schedule when an offeror provides an earlier delivery schedule than required. If an offeror does not propose an alternate delivery schedule, then the schedule listed (on pages 2, 3, and 4) applies.

*CLIN X003 TRAVEL AND PER DIEM: The overhaul or renewal will be performed onboard

USCG cutters at various homeports. In order to accomplish these work items, travel and per diem will be determined per delivery order for all personnel required to accomplish work items covered by this solicitation on a Not To Exceed basis (NTE). The proposed travel and per diem for each delivery order shall represent total compensation for employees’ transportation, lodgings, meals, and incidentals and shall not exceed on a daily basis the maximum rates as set forth in the Federal Travel Regulations, the Joint Travel Regulation, and in the case of foreign travel, the Standardized Regulations. The contract resulting from this solicitation will require the contractor to submit not to exceed estimated travel quotes prior to every delivery order for review and approval by the COR and KO.

(i) Federal Travel Regulations, prescribed by the General Services Administration, for travel in the conterminous 48 United States, is available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

(ii) (ii) Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, The

Commonwealth of Puerto Rico, and territories and possessions of the United States, is available on a subscription basis from the Superintendent of Documents, U.S.

Government Printing Office, Washington, DC 20402.

(iii) Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the

Department of State, for travel in areas not covered in by (i) and (ii) of this paragraph, is available on a subscription basis from the Superintendent of

Documents, U.S. Government Printing Office, Washington, DC 20402.

**It is the Government’s intent to award without discussions with offerors unless the

Contracting Officer determines that discussions are necessary**

13. FAR Clause 52.212-3, Offeror Representations and Certifications-Commercial Items (Feb

2021)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via www.sam.gov. If an offeror has not completed the annual representations and certifications electronically at the System for

Award Management (SAM) website, the offeror shall complete only paragraphs (c) through

(o) of this provision.

14. FAR Clause 52.212-4, Contract Terms and Conditions--Commercial Items (Oct 2018). The following addenda apply:

a) FAR 52.246-2, Inspection of Supplies – Fixed Price (Aug 1996).

b) An original invoice shall be submitted to the following designated payment office and a copy sent to the Contract Administrator: Submit invoices electronically at https://www.fincen.uscg.mil/secure/web_invoices.htm or emailed to FIN-SMB-

INVOICE@USCG.MIL. Payment Terms: The Government’s normal payment terms are

NET 30; however, offerors may propose discounts for prompt payment.

NOTE: Failure to submit a complete invoice to the office listed above may delay payment of invoice(s). Invoices shall be processed in accordance with the Prompt Payment Act (31

U.S.C.3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment.

Responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice

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

NAME: ___________________________________________

TITLE: ___________________________________________

TELEPHONE NUMBER: _______________________________

EMAIL ADDRESS: _______________________________

The Contractor is encouraged to assign an identification number to each invoice submitted.

This solicitation may incorporate one or more provisions and clauses by reference with the same force and effect as if they were given in full text. The full text of a provision or clause may be accessed electronically at the following link: http://farsite.hill.af.mil/vffara.htm.

FAR 52.203-3 Gratuities (Apr 1984)

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (Jun 2020)

FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (May 2011)

FAR 52.204-7 System for Award Management Registration (Oct 2018)

FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

FAR 52.217-5 Evaluation of Options (Jul 1990)

FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran – Representation and Certifications (Jun 2020)

FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)

FAR 52.242-13 Bankruptcy (Jul 1995)

FAR 52.247-34 F.O.B. Destination (Nov 1991) https://www.fincen.uscg.mil/secure/web_invoices.htm mailto:FIN-SMB-INVOICE@USCG.MIL mailto:FIN-SMB-INVOICE@USCG.MIL http://farsite.hill.af.mil/vffara.htm

HSAR 3052.212-70, Contract Terms and Conditions Applicable to DHS Acquisition of

Commercial Items (Sept 2012): The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

HSAR 3052.205-70, Advertisement, Publicizing, Awards, and Releases (Sep 2012)

HSAR 3042.242-72, Contracting Officer’s Technical Representative (Dec 2003)

HSAR 3052.247-72 F.o.B. Destination Only (Dec 2003)

FAR 52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

Such orders may be issued from the effective date of the Contract through a period of one base year and four option years (if exercised).

(b) All delivery orders or task orders are subject to the terms and conditions of this contract.

In the event of conflict between a delivery order or task order and this contract, the contract shall control.

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

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

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

(3) If sent electronically, the Government either—

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

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

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

FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies covered by this contract in an amount of less than one (1) overhaul or renewal, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies under the contract.

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

(1) Any order for a single item in excess of four (4) overhauls and/or renewals

(2) Any order for a combination of items in excess of twenty (20) overhauls/renewals.

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the

Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the

Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the

Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided that the Contractor shall not be required to make any deliveries under this contract after completion of the last delivery order that is issued before the expiration of this Contract.

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within one (1) calendar day prior to the expiration of this Contract; provided that the

Government gives the Contractor a preliminary written notice of its intent to extend at least

30 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

15. FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders (Jul 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

(Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Aug 2020) (Section 889(a)(1)(A) of Pub. L.

115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77, 108-78 (19 U.S.C. 3805 note)).

(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:

[Contracting Officer check as appropriate.]

_X_ (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).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

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

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

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (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).

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

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

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)

(15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Mar 2020) of 52.219-4.

___ (13) [Reserved]

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

___ (ii) Alternate I (Mar 2020) of 52.219-6.

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C.

644).

___ (ii) Alternate I (Mar 2020) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637

(d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Jun 2020) of 52.219-9.

___ (v) Alternate IV (Jun 2020) of 52.219-9.

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

____ (ii) Alternate I (Mar 2020) of 52.219-13

_X_ (19) 52.219-14, Limitations on Subcontracting (Mar 20207) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Mar 2020) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15

U.S.C. 632(a)(2)).

___ (ii) Alternate I (Mar 2020) of 52.219-28.

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C.

637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program

(Mar 2020) (15 U.S.C. 637(m)).

___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar

2020) (15 U.S.C. 644(r)).

___ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

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

_X_ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020)

(E.O. 13126).

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

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm

___ (ii) Alternate I (Feb 1999) of 52.222-26.

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

___ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

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

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

Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020)

(22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun

2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s

13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42

U.S.C. 8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while

Driving (Jun 2020) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (48) 52.225-1, Buy American--Supplies (Jan 2021) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (Jan

2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (Jan 2021) of 52.225-3.

___ (iii) Alternate II (Jan 2021) of 52.225-3.

___ (iv) Alternate III (Jan 2021) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization

Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

___ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

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

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

___ (59) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for

Award Management (Jul 2013) (31 U.S.C. 3332).

___ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

___ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

16. Additional Contract Requirements:

Unauthorized Instructions from Government Personnel

(a) The Contractor shall not accept any instructions issued by any person employed by the U.S.

Government or otherwise other than the Contracting Officer or the Contracting Officer’s

Representative acting within the limits of their authority. A Contracting Officer’s Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

(b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments.

Government Representatives

(a) The Government may, upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Representative(s), and so on. Such individuals, IF

APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment.

https://www.acquisition.gov/far/part-52#FAR_52_229_12

(b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, and price or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner.

Marking of Warranted Items:

Pursuant to the requirements of FAR 46.706(b)(5), the contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies of the existence of the warranty.

Markings may be brief but should include (1) a brief statement that a warranty exists; (2) the substance of the warranty; (3) its duration; and (4) whom to notify if the supplies are found to be defective. For commercial items, the contractor’s trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies.

Standard Commercial Warranty:

If the item(s) required in the contract resulting from this solicitation are customarily warranted in the trade by a standard commercial warranty, such warranty shall be incorporated into this contract and thereby provided to the Government at no additional cost. Any standard commercial warranty provided shall be identical to the standard commercial warranty normally offered by the Contractor to the Contractor’s most favored customer. Offerors are requested to state the terms and conditions of their standard commercial warranty and attach a copy of the warranty terms with their offer.

Government Furnished Property:

The Government shall provide only that property set forth, notwithstanding any terms or conditions of the specification to the contrary. All property provided to the Contractor by the

Government under this contract shall be subject to the “Government Property – Fixed-Price

Contracts” clause of this contract.

GFP furnished under this contract shall be:

ITEM DESCRIPTION EST

QTY.

VALUE EACH

ACCESSORY

4 Year Davit In-

Place Overhaul Kit p/n: 892-02053

NSN 3950-01-F18-5354

1ea $124,230.00

Cylinder Assembly NSN: 3040-99-239-4845 2 ea. 20,557.00

Hook, Release, Boat

Davit

NSN: 4030-01-467-1005 2 ea. 4,660.00

Welin-Lambie

OTHB Davit

PN: Model number 5558

Series NSN: 2030-99-454-

1 ea. 582,000.00

Contractor Performance Assessment Report System (CPARS)

(a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare a Contractor

Performance Assessment Report System (CPARS) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the Government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 30 days to respond to the SLFC’s assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system.

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

(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.

The following full text Clauses/Provisions are included and applicable to this acquisition:

FAR 52.209-7, Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the

Federal and State level but only in connection with performance of a Federal contract or grant.