HERIBERTO HERNANDEZ DD Combined Synopsis_Solicitation.pdf

USCGC HERIBERTO HERNANDEZ (WPC-1114)

DRYDOCK REPAIRS

70Z08023QPBPL0020

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

USCGC HERIBERTO HERNANDEZ (WPC-114)

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

70Z08023QPBPL0020 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) through Federal Acquisition Circular (FAC) 2023-05 effective 08 August 2023;

Department of Homeland Security Acquisition Regulation (HSAR) effective 21 July 2023;

Homeland Security Acquisition Manual (HSAM) 2023-10 effective 31 July 2023; Coast

Guard Acquisition Procedures (CGAP) 2023-01 effective 08 May 2023.

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

NORTH AMERICAN INDUSTRY CLASSIFICATION STANDARD CODE:

The applicable North American Industry Classification Standard Code is 336611. The small business size standard is 1,300 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.

SOLICITATION DOCUMENTS:

Attachment 1: Schedule of Services

Attachment 2: Statement of Work – Specification for Drydock Repairs (Rev-0, 18 May 2023)

AGENCY INFORMATION:

Alissa Gavalian

Contract Specialist

(757) 628-4579

Alissa.Gavalian@uscg.mil

Eddrian Logan

Contracting Officer

(757) 628-4651

Eddrian.B.Logan@uscg.mil

CWO John Dudley

Contracting Officer’s Representative

(787) 237-5091 John.E.Dudley@uscg.mil

PERIOD OF PERFORMANCE: The period of performance for this contract is 07 November 2023 –

27 February 2024 (113 DAYS)

PLACE OF PERFORMANCE: The place of performance will be at the contractor’s facility. The contractor shall provide a facility accessible from a navigable waterway at which a ship of the characteristics described in the attached specification can, using its own propulsion, safely arrive, lie afloat and depart at all states of the tide at any time of day or night. The facility and its approaches shall have a minimum water depth of 12’ feet and a minimum height clearance of 60’ feet.

REQUEST FOR DRAWINGS: The last day to request drawings regarding this solicitation is 25

September 2023. 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 mailto:Alissa.Gavalian@uscg.mil mailto:Eddrian.B.Logan@uscg.mil mailto:John.E.Dudley@uscg.mil

70Z08023QPBPL0020. Some references listed in the Specification, under "Consolidated List of

References," are subject to Export Control limitations or have otherwise restricted distribution and have been deemed "limited access" and "export controlled" packages. In order to access these documents, vendors must be certified as a US or Canadian contractor by the Joint Certification Program (JCP) administered by the Defense Logistic Information Service (DLIS). Instructions and procedures for being certified by JCP can be found at https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/. Only those vendors that have current certification by JCP will be able to be granted explicit access to these packages by the USCG.

SUBMISSION OF QUESTIONS: The last day for questions regarding this solicitation is 25

September 2023. Email questions to Contract Specialist, Alissa Gavalian at Alissa.Gavalian@uscg.mil. All questions need to identify the solicitation number 70Z08023QPBPL0020 and will be answered by an amendment to the solicitation posted on SAM.gov.

SUBMISSION OF QUOTES: E-mail quotations shall be sent to the Contract Specialist and Contracting Officer. Please indicate 70Z08023QPBPL0020 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 10 October 2023 at 10:00 AM Eastern. Anticipated award date is on or about 19 October 2023.

Statement of Requirement

The proposed contract to be awarded by the United States Coast Guard (USCG) shall be for Drydock repairs to the USCGC HERIBERTO HERNANDEZ as specified in SPECIFICATION FOR DRYDOCK

REPAIRS – Specification (REV-0, 18 May 2023). The contractor shall provide all labor, materials, equipment, etc. necessary to meet the requirements of the specification. Performance required: Repairs to a U.S. Coast Guard cutter as defined in the Specification for Drydock Repairs FY2024, REV-0, 18 May

2023. Essential physical characteristics: 154’ Foot Patrol Boat, with a water depth of 12’ and a full load displacement of 353 Metric Tons.

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

FAR PROVISION 52.212-1: Instructions To Quoters-Commercial Products and Commercial Services

(NOV 2021), is incorporated by reference.

Addendum to FAR Provision 52.212-1

(b) Submission of Offers. – Tailored

(1) Submit signed and dated quotes via e-mail to the Contracting Officer and Contract Specialist specified in this solicitation at or before the exact time specified in this solicitation. Quotes shall be submitted in the

English language and U.S. dollars. Quoters are required to include a completed copy of the provision at

52.212-3 Offeror Representations and Certifications – Commercial Items, Alternate I of 52.212-3. Quotes shall include a Cover Letter, Price Schedule and the required Past Performance and Technical Capability submission documentation in accordance with the below instructions:

https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/ mailto:Alissa.Gavalian@uscg.mil

(i) Cover Letter: Quoters shall submit a Cover Letter (on company letterhead stationery) that is dated and signed by an Authorized Official of the Quoter that includes the following information as a minimum:

• Solicitation Number 70Z08023QPBPL0020;

• The time specified in the solicitation for receipt of quotes;

• The Name, Address, Telephone Number, SAM Unique Entity Identifier (UEI), and CAGE Code of the quoter;

• Name, Title, Phone Number, and E-mail Address of an Authorized Official of the Contractor;

• The date/time the quote expires (which shall be at least 90 calendar days from the date specified for receipt of quotes, unless another time period is specified in an amendment to the solicitation);

• Acknowledgment all Solicitation Amendments; and

• A statement specifying the following agreement: “Our Company agrees with all the terms, conditions, clauses, and provisions included in Solicitation 70Z08023QPBPL0020.”

(ii) Price Schedule.

Quoters shall complete Attachment 1, Schedule of Services and include it in their quote. The Contract Line

Item Numbers (CLINs) assigned by the Government shall not be altered by quoters.

If the Contracting Officer cannot determine whether a quoted price is fair and reasonable, then the

Contracting Officer may require a Quoter to submit data other than certified cost or pricing data to support further analysis. This data may include history of sales to non-governmental and governmental entities, cost data, or any other information the Contracting Officer requires to determine the prices fair and reasonable.

(iii) Past Performance Submission

The quoter shall identify up to three (3) recent and relevant contracts or efforts as past performance references. Recent and relevant past performance is defined as similar work being performed within three

(3) years of the posting of the solicitation. Quoters should provide a detailed explanation demonstrating the relevance of the contracts or efforts to the requirements of the solicitation.

The quoter should provide the following information for each reference submitted.

• Name of Quoter

• Contract Number, Order Number, or Identifier

• Customer Name and Location

• Customer Point of Contact (Name and Title)

• Telephone and e-mail address of Customer Point of Contact

• Contract Period of Performance

(iv) Technical Capability Submission

The quoter shall address the following items in their technical capability submission-

• Technical Approach-Submit a brief overview planning document using any means (computer generated, handwritten, etc.) that outlines the strategy for ensuring that this requirement is completed on or before the contract completion date. The planning document shall include at least:

1) Proposed schedule, resources, completion-dates, float, and major millstones for the various tasks required to complete this contract and

2) Identify a list of items that may pose the most contract schedule risk and approach to mitigate or eliminate each risk.

NOTE: Negative responses are required for any items listed above that the contractor does not identify (i.e. schedule risk).

• Coating Certification Requirements- Submit a description of how you intend to meet SFLC Standard

Specification 0000 coatings QC/QA requirements for this contract. This plan must include the names of any subcontractors and resumes for any proposed QP1 certified painters and/or independent NACE CIP Level 3 inspectors.

• Sewage and Grey Water System Cleaning Procedures- Submit a description of the methods that will be employed to clean the sewage and grey water system piping and tanks (e.g., chemical cleaning, pressure washing, etc.) and if applicable, a description of the subcontracting plan.

• Welding Certification/Procedures- Submit welding documentation (e.g., WPSs, welder certs, etc.) in accordance with SFLC Standard Specification 0740, specific to your internal or subcontracted staff for the weld joints that will be installed.

• Environmental Protection Compliance- Submit documentation of Environmental Protection Agency

(EPA) certification for each servicing technician IAW SFLC Standard Specification 0000, Appendix

A & B (e.g., résumé w/photocopy of cert card, etc.).

(2) General Instructions/Information.

(i) Quoters are expected to examine the entire solicitation (including any exhibits and attachments), and any amendments to this solicitation. Quotes shall be prepared in accordance with these instructions, providing all required information in the format specified. The Quoter shall confine submissions to essential matters, sufficient to define the quote details, in a concise manner, to permit a complete and accurate evaluation of each quote. Proprietary information shall be clearly marked.

(ii) Quoters shall furnish all of the information required by this Solicitation; quotes that fail to furnish required representations or information/documents, fails to meet any of the requirements of the Solicitation, or reject the terms and conditions of the solicitation may be excluded from consideration.

(iii) This Solicitation does not obligate the Government to compensate for any costs incurred by the Quoter in the preparation and/or submission of any quote, nor does it obligate the Government to procure for said supplies.

(c) Period for Acceptance of Offers. – Tailored

The quoter agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the solicitation.

(g) Contract award – Tailored

The Government intends to evaluate quotes and award a contract without exchanges with quoters.

Therefore, the quoter’s initial quote shall contain the quoter’s best terms from a price and technical standpoint. The Government reserves the right to conduct exchanges with all or some of the quoters or with only the best-suited quoter (i.e., the apparent successful quoter), if later determined by the Contracting

Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest;

accept other than the lowest quote; and waive informalities and minor irregularities in quotes received.

(l) A Brief Explanation of the Basis for the Contract Award Decision. – Tailored

If a quoter requests information on an award that was based on factors other than price alone, a brief explanation of the basis for the contract award decision shall be provided.

End of Addendum to FAR Provision 52.212-1

FAR PROVISION 52.212-2: Evaluation – Commercial Products and Commercial Services (NOV 2021). –

Tailored

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes and are listed in descending order of importance:

Technical Capability: The Government will evaluate each quoter’s demonstrated capability to provide a sound, compliant approach that meets all the requirements listed in the Specification and demonstrates a thorough knowledge and understanding of the requirements. The Government will evaluate each quoter’s experience conducting major repairs/installs on DoD and USCG surface vessels and their workforce capability and capacity to perform the requirements. The Government will evaluate each quoter’s project planning document to determine the quoter’s understanding of the critical path and sequence of work items.

The Government will evaluate each quoter’s coating plan and strategy demonstrating their ability to successfully meet the preservation requirements of the solicitation. The Government will evaluate quoters’ ability to meet qualified technical representative requirements cited on paragraph 3.1.2 in the multiple work items in the specification. The Government will evaluate each quoter’s overall approach to quality control.

The Government will evaluate each quoter’s experience in the removal and renewal of hatch and scuttle assemblies. It is the quoter’s responsibility to ensure that their quote clearly addresses and demonstrates their ability to perform these requirements. Any quote that does not meet or address all Technical

Capability submission requirements will be deemed unacceptable and may not be considered for award.

Past Performance: The Government will evaluate quoter past performance submissions for relevancy and recency. Relevancy is defined as past performance that las a similar scope of work. Recenty is defined as past performance that has been completed within last three (3) years. The Government may utilize any references provided by the quoter, along with information available from past contracts/orders with the

USCG and any information found using sources such as Contractor Performance Assessment Reporting

System (CPARS) to evaluate the contractor’s past performance. The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the quoter. Past performance less than satisfactory may not be considered for award. If a quoter does not have a history of relevant contract performance, or if past performance information is not available, the quoter will not be evaluated favorably or unfavorably, but will receive a neutral past performance rating.

Price: The Government will evaluate the quoter’s Total Evaluated Price (TEP) for reasonableness. A quoter’s TEP shall be the sum of all CLINs within the submitted Price Schedule. The Government may determine that a quote is unacceptable if the CLIN prices are significantly unbalanced. Unit prices left blank or annotated with something other than a U.S. dollar figure will be considered unacceptable and the Government reserves the right to reject the quote without any further consideration.

In performing the best value tradeoff, past performance and technical capability, when combined, are significantly more important than price. Although price is not the controlling factor in award, it is an important factor. As the evaluation ratings of competing quotes under the non-price factors become closer to equivalent, price becomes more important. If competing quotes are substantially equal in technical capability and past performance, price may be the controlling factor in award. Award may be made to other than the lowest priced quote (based on the results of the tradeoff analysis between non-price and price factors) or to other than the highest non-price rated quote if determined to be in the best interest of the Government.

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

Foreseeable Costs:

The Contracting Officer will evaluate certain foreseeable costs to the Coast Guard. Those costs will vary based on the location of the contractor’s shipyard and are added to the contractor’s overall bid price or price quote for the purposes of evaluation only. These elements of foreseeable costs consist of the following:

LOCATION OF CONTRACTOR’S SHIPYARD

In order for the Contracting Officer to evaluate certain foreseeable costs to the Coast Guard, the contractor is required to provide, in the space below, the exact name and location of the shipyard to be used to perform the services required under this solicitation. The contractor is cautioned that its failure to provide the name and location of its shipyard in the space provided below may result in its quote being declared nonresponsive under the terms of a Request for Quote.

Name and Location of the Contractor’s Shipyard: ______________________

FORESEEABLE COST FACTORS PERTAINING TO DIFFERENT SHIPYARD LOCATIONS

In addition to other evaluation factors for award that may be listed in this solicitation, the Contracting

Officer will evaluate certain foreseeable costs to the Coast Guard. These costs will vary based on the location of the contractor’s shipyard and are added to the contractor’s overall quote for the purposes of evaluation only. These elements of foreseeable costs consist of the following:

(1) Transit Cost:

i. Vessel operational cost will be calculated based on one round trip from the vessel's homeport of

San Juan, PR to the contractor's facility. Distance will be based on the NOAA publication, “Distance Between U.S. Ports” or other authority (in order of priority), including Army Corp of

Engineers or U.S. Navy transit publications, if the shipyard location is not contained in the NOAA publication.

ii. Transit cost to navigate the vessel between its homeport and the contractor's offered place of performance is $51.04 per nautical mile. The number of nautical miles to transit between the contractor’s shipyard and the vessel's homeport will be multiplied by the operational cost.

(2) Family Separation Allowance: Crew members with dependents residing within the area of the homeport are entitled to Family Separation Allowance whenever a vessel is overhauled outside of the area of the homeport. The area of the homeport is defined as the area within 50 road miles of the homeport. If the contractor's facility is outside of a 50-road mile radius of the vessel's homeport—

i. Family Separation Allowance for thirteen (13) personnel in accordance with Family Separation

Allowance listed under DFAS.mil; Pay & Allowance; Family Separation Allowance for thirteen (13) crew members entitled to Family Separation Allowance. This entitlement is calculated from the 31st day of the availability until the planned date of completion.

(3) Travel and Per Diem Cost: If the contractor's facility is outside of a 50-road mile radius of the vessel's homeport—

i. COR Homeport Travel: There will be a transportation cost for one (1) Contracting Officer's

Representative (COR) for ten (10) round trip(s) between the contractor's offered place of performance and the COR's official duty station at the cost of coach-type airfare. The COR’s duty station is San Juan, PR.

ii. There will be a per diem expense for 113 calendar days to support one (1) COR and twenty five (25) crew members while in the city of the place of contract performance, to be determined in accordance with the Joint Federal Travel Regulations (JFTR). The cost of car rental for the estimated performance period will also be included.

iii. There will be a transportation cost for one (1) Contracting Officer for one (1) round trip(s) between the Contracting Officer's official duty station and the contractor's offered place of performance at the cost of coach-type airfare, plus per diem expenses and a rental car.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial

Services (Dec 2022), 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, 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 number as specifically insured.

(x) Change Request (CR) – Growth Work

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

(2) The CR composite labor rate is a flat, hourly rate used to price direct production labor hours.

Contractors shall provide a detailed breakdown that fully supports the quoted CR composite labor rate. The CR composite labor rate shall be burdened to include the cost of direct production labor, all associated indirect costs, and profit/fee as described below:

a. Direct production labor is defined as work that is directly related to the alteration, modification, and repair tasks performed directly on, or in direct support of, components or systems identified in the CR or elsewhere in the contract. Examples of direct production labor include the following:

abrasive cleaning/water blasting, tank cleaning, welding, burning, brazing, blacksmithing, machining (inside and outside), carpentry, electrical/electronic work, crane operation, ship fitting, lagging/insulating, painting, boiler making, pipe fitting, engineering (production), sheet metal work, installation and removal of staging/scaffolding, rigging, material handling (shop to ship and within the worksite in support of labor task), set-up (moving tools and equipment from shop to ship to perform a task), fire watch, general labor (including general support of journeyman tasks), cleaning (including debris pickup and removal), and pattern making.

b. Indirect costs are defined as all non-direct production costs and support functions, defined as functions that do not directly contribute to the alteration, modification, or repair of the item or system identified. Examples of indirect costs include the following: planning, estimating, supervision, management, ship superintendent functions, clerical, surveying, security, transportation, supervision, labor costs, worker-compensation, taxes, inventory control, warehousing, licensing, insurance, all other support items and functions, fixed asset costs, rentals on items normally owned as fixed assets such as tools and hand operated power tools, electrical generators and compressors for operating tools (for 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:

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) - 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 Proposal - 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:

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

b. A list of each direct material, direct subcontracted service, and direct consumable and expendable item that will be used to accomplish the CR, and a corresponding price for each item. The

Contracting Officer may request evidence in support of the offered prices such as material receipts and quotes received from subcontractor.

c. Any proposed changes to the Schedule of Work.

(8) The contractor shall not be entitled to payment for any hours ordered pursuant to this clause until 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 drydock availabilities and at the arrival conference for drydock 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) Growth work 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 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 contractors on other contemplated work, the same privileges of admission to the contractor's facility and access to the vessel(s) on a noninterference basis, subject to contractor rules and regulations governing personnel in its shipyard, including those regarding safety and security.

(aa) Temporary Services

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

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

(ab) Contract Deficiency Report

The Contracting Officer or Contracting Officer’s Representative (COR) may issue a Contract

Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the

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

(End of Addendum)

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

Executive Orders—Commercial Products and Commercial Services (Jun 2023), applies to this acquisition and the additional FAR clauses cited in the clause are applicable to the acquisition:

(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 products and commercial services:

(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31

U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and

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 products and commercial services:

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

(Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

_X_ (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].

_X_ (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).

__ (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of

Division R of Pub. L. 117-328).

_X_ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

_X_ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

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

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (14) [Reserved]

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

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

__ (16) (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_ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

__ (18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (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 (Sep 2021) of 52.219-9.

__ (19) (i) 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_ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022)

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

_X_ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023)(15 U.S.C.

632(a)(2)).

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

__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (25) 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 (Oct 2022) (15 U.S.C. 637(m)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020)

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

__ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

_X_ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022)

(E.O.13126).

_X_ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_ (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

_X_ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).

_X_ (37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (38) (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 offthe-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.)

_X_ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

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

_X_ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

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

__ (41) (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.

__ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (44) (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_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

_X_ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

_X_ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

_X_ (49) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29

(sections 4501-4732), Public Law 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 [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

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

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (51) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (52) 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).

__ (53) 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. Subtitle A, Part V, Subpart G Note).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)

(42 U.S.C. 5150).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov

2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(Oct2018)

(31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management

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

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X_ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 products and commercial services:

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51,…