Training_Vessels_Mobile.doc

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 to:

Department of Homeland Security

United States Coast Guard (CG-9131)

Ombudsman Program for Agency Protests

1900 Half Street, SW, Room 11-0501

Washington, D.C. 20593-0001

FAX: 202.475.3904

The Ombudsman Hotline telephone number is 202.372.3695.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG38-13-R-410003

6. SOLICITATION

ISSUE DATE

8/14/2013

Ms. Sherri Peele

b. TELEPHONE NUMBER (no collect calls)

252-335-6768

8. OFFER DUE DATE/ LOCAL TIME

9/12/2013 4:00pm

EDT

9. ISSUED BY CODE Z50100

USCG, Aviation Logistics Center (ALC)

Attn: Ms. Sherri Peele

1664 Weeksville Rd., Bldg. 63, ALD

Elizabeth City, NC 27909

10. THIS ACQUISITION IS

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UNRESTRICTED OR FORMCHECKBOX

SET ASIDE 100 % FOR:

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SMALL BUSINESS FORMCHECKBOX

ECONOMICALLY DISADVANTAGED

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HUBZONE SMALL BUSINESS WOMAN OWNED SMALL BUSINESS

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SERVICE DISABLED VETERAN- (EDWOSB)

OWNED SMALL BUSINESS FORMCHECKBOX

8 (a)

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WOMAN OWNED NAICS: 488390

SMALL BUSINESS (WOSB) SIZE STANDARD: 35.5M

ELIGIBLE UNDER WOSB PROGRAM

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

12. DISCOUNT

TERMS

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13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE ;Z50100

Commanding Officer, USCG, ALC 1664 Weeksville Road

Receiving Section, Bldg. 63

Elizabeth City, NC 27909

16. ADMINISTERED BY CODE

Same as block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE Z50100

Chief, Fiscal Branch

USCG, ALC

1664 Weeksville Rd.

Elizabeth City, NC 27909

Payment Status 252-335-6852

Email: ALC-Fiscal@uscg.mil

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED FORMCHECKBOX

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

This Solicitation is for providing and operating two vessels in support of the USCG’s aviation training program in accordance with this solicitation and statement of work. This is an Indefinite Delivery Requirements contract using firm fixed price for a base year with four one year option periods.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

To be funded via task orders

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

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27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 5.212-3 & 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 42.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

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29. AWARD OF CONTRACT: REFERENCE

OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SINGATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA – FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED

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INSPECTED

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

36. PAYMENT

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COMPLETE

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PARTIAL

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FINAL

37. CHECK NUMBER

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PARTIAL FORMCHECKBOX

FINAL

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42 a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

STANDARD FROM 1449 (REV. 2/2012) BACK

CONTINUATION OF SF 1449 – BLOCKS 17B - 25

Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in the System for Award Management (SAM). To receive award contractor must be registered in SAM http://www.sam.gov.

Block 18a: The invoice shall be sent to the following address with a copy to Sherri Peele via sherri.l.peele@uscg.mil and a copy to the COR monthly. The invoice shall be dated the same as the date submitted. The invoice shall identify the contract, task order number and Contract Line Item Number (CLIN). Additional payment information can be found in FAR clause 52.212-4, Contract Terms and Conditions.

Invoices may be submitted electronically to ALC-Fiscal@uscg.mil or submitted via mail to:

Chief, Fiscal Branch

USCG, ALC

1664 Weeksville Road

Elizabeth City, NC 27909

Payment Status – 252-335-6852

Blocks 19 through 24: The following pages contain the Schedule of Supplies/Services. The period of performance is a base year with four one year option periods. Each CLIN is required to have a unit and total price unless listed as not separately priced (NSP) or to be determined (TBD).

This Request for Proposal is issued, in accordance with FAR Part 12, Commercial Items in conjunction with FAR Part 15, Contract Negotiations as best value procurement. The contract format is in accordance with FAR 12.303, Contract Format for the Acquisition of Commercial Items. Questions concerning this solicitation contact Ms. Sherri Peele, Contract Specialist at 252-335-6768 or via email at sherri.l.peele@uscg.mil. See Instructions to Offerors for additional information Page 29.

This contract will be awarded on an all or none basis. The contractor shall propose on the entire requirement.

Anticipated Award Date: The contract is expected to be awarded on or about November 1, 2013.

See FAR 52.212-1 Addendum, for submission of proposals.

Schedule of Supplies/Services Base Year: TBD

Quantity

Option One: TBD

Quantity

Option Two: TBD

Quantity

Option Three: TBD

Quantity

Option Four: TBD

Quantity

Note: The unit price for CLIN 0001, 0002, 1001, 1002, 2001, 2002, 3001, 3002, and 4001, 4002 shall only include the cost for a standard training block. The standard training block will include FOUR (4) hours of contract vessel on scene time for the TV and (4) hours of contract vessel time for the HV, not transit time to/from the training site from the contractor’s mooring/docking location. As a result, the contractor will only be paid for the actual training blocks used under this contract. The Government will not be obligated to pay the contractor for unused training blocks under this contract.

Quantities

Failure of the Government to furnish such items in the amounts or quantities described in the Schedule as "estimated" or "maximum" will not entitle the contractor to any equitable adjustment in price.

This is an Indefinite Delivery Requirements contract which does not require a guaranteed minimum however; the agency has determined it to be in the best interest to guarantee a minimum number of training blocks for each vessel. The minimum guaranteed number of training blocks is shown below for the base and each option year (if exercised):

Hoist Vessel Base Year – 510 Blocks Hoist Vessel 1st Option Year – 510 Blocks

Hoist Vessel 2nd Option Year – 510 Blocks Hoist Vessel 3rd Option Year – 510 Blocks

Hoist Vessel 4th Option Year – 510 Blocks Tactics Vessel Base Year – 120 Blocks Tactics Vessel 1st Option Year – 120 Blocks Tactics Vessel 2nd Option Year – 120 Blocks

Tactics Vessel 3rd Option Year - 120 Blocks

Tactics Vessel 4th Option Year - 120 Blocks Training Vessels for

Aviation Training Center Mobile, AL Contract

Statement of Work

1.0 Scope of Work: This Statement of Work (SOW) describes the U.S. Flag vessels and personnel required to support the U.S. Coast Guard’s (USCG) Aviation Training Center (ATC) at Mobile, AL. The contractor will be responsible for providing and operating two vessels in support of the USCG’s aviation training program, one primarily to support hoist training, the other primarily to support use of force training. The contractor shall be able to operate both vessels simultaneously and provide two vessels and all necessary management, supervision, personnel, labor, materials, fuel, and equipment required to support helicopter crew hoist, rescue swimmer operations, training with USCG vessels on operational towing, use of force tactics training, helicopter approach to the water, search and rescue training, safety boat for fast roping operations, and any aerial delivered material used to support the ATC. The contractor shall have the vessels available to conduct operations from Monday-Sunday during designated hours for specified periods of operation at the designated operational site.

During helicopter cover operations, the HV or TV will be responsible for maintaining radio communications and or visual contact with the helicopter. Also the contractor will be responsible for contacting the Operations Center at ATC in case of a mishap, aircraft emergency or lost communications with an aircraft via radio or telephone during training.

The vessels shall not be docked at USCG facilities at any time. The contractor will be responsible for providing its own docking arrangements at a location which allows them to meet on scene times per this SOW.

1.1 Background: The USCG’s increased operations tempo (OPTEMPO) and Homeland Security missions have reduced the availability of USCG small boats and crews to provide support for required aviation training. ATC’s primary missions include the conduct of aircrew hoist and rescue swimmer training and aerial delivered dewatering pump training along with semi-annual proficiency refresher training for USCG aviators and aircrews to include low approaches to the water. This training requires small boat support. Two contract vessels have adequately supplied this training support for over three years.

1.2 Hoist Vessel Description: The Hoist Vessel (HV) shall be no smaller than 40 feet in length, with a minimum 12 foot beam, and shall be no longer than 65 feet. Minimum draft shall be 3.5 feet. Maximum draft shall be such to allow the HV to safely operate in areas potentially as shallow as 6 feet. Gross HV weight shall be 14 tons minimum. The HV shall be without permanent structures protruding higher than 20 feet above the water line which cannot be safely stowed (e.g. antennas).

1.2.1 Other Characteristics: The HV must have a heated cabin large enough to accommodate the HV crew. The HV must be capable of recovering personnel from the water and operating in an extreme cold weather environment. The minimum HV speed is dead in the water. The HV must be capable of maintaining a minimum10 knots transit speed for 1 hour. The HV must be capable of maintaining a heading of + / - 10 degrees at 5 knots while operating under a large helicopter producing 90 knots of rotor downwash in varying sea states and winds. An extremely shallow draft HV is undesirable due to drift characteristics when subjected to rotor downwash.

1.2.2 Required Deck Area: The minimum deck area is 64 sq. ft on the aft portion of HV (to the transom) to allow two crew members to safely conduct operations. Deck area must be free of all obstructions and hazards that could be snagged by the helicopter’s hoist training device. The Coxswain should have a clear view of the deck area during the hoist training.

1.2.3 HV Equipment: The HV shall have, at a minimum, all equipment required by Federal and Alabama Laws and Regulations Governing Operation and Registration of Vessels including a fathometer, radar, VHF-FM multiple frequency capable 2-way marine radio with specified frequencies / channels and minimum range of 15 miles, a cell phone for secondary communications to the ATC Mobile operations center, GPS, and a long distance high beam search light.

1.2.4 Safety Equipment: The HV shall be outfitted in accordance with all Federal and Alabama Laws and Regulations Governing Operation and Registration of Vessels. The contractor will furnish a first aid kit and Personal Flotation Devices for HV crew and passengers. Survival suits shall be provided, by the contractor, as needed for crew members allowing them to operate in and around Mobile Bay, on the weather deck / under rotor downwash continuously in temperatures ranging from -2 degrees C. to 38 degrees C. (28 degrees F. to 100 degrees F.). The contractor shall provide and use helmets, goggles, and grounding rods by crewmembers during helicopter operations.

1.2.5 Required Docking/Mooring Facilities: The contractor shall also be responsible for providing docking/mooring facilities for its HV. The HV shall be located within a distance from the geographical areas of operation (See Section 1.5.2) not to exceed a total round trip time of one hour.

1.2.6 HV Maintenance: The contractor shall operate and maintain the HV, all equipment and systems in accordance with the original equipment manufacturers technical manuals and specifications, USCG regulations, and any applicable federal, state, and/or local regulations.

1.2.7 Fuel: The contractor is responsible for all fuel costs associated with regular training and transit time to the training site. The price of fuel shall be incorporated into the firm fixed price of training blocks.

1.3 Tactics Vessel Description: The Tactics Vessel (TV) shall be no smaller than 25 feet in length and shall not exceed 50 feet in length. The TV must have at least two outboard motors and have the ability to maintain the speed requirements described in section 1.3.1. The TV should be configured to allow operations in as little as 4 feet of water where the contract TV will be required to operate. The TV shall be maneuverable and able to simulate an evasive non-compliant vessel. The TV shall be configured to allow operations in the shallow depths in Mobile Bay where the contract TV will be required to operate.

1.3.1 Other Characteristics: The TV shall have deck space to accommodate two crewmembers (one crewmember to act as a Coxswain and another to act as a safety observer). The safety observer will also be required to role play (e.g. armed gunman, disgruntled mariner, pleasure craft operator, etc.) The TV shall have the deck space to accommodate up to two USCG members when they are required to support training. The minimum speed for the TV is dead in the water; the TV shall be capable of maintaining 45 knots transit speed for 30 minutes. The TV shall be capable of making rapid turns at high speed, including 90 degree turns while maintaining 20 knots of speed. The TV shall be able to be underway for a total of five hours.

1.3.2 Required Deck Area: The minimum deck area should be able to accommodate equipment dropped from ATC aircraft. Equipment dropped from aircraft may be as much as 3 feet wide and weigh up to 200 pounds.

1.3.3 TV Equipment: The TV shall have, at a minimum, all equipment required by Federal and Alabama Laws and Regulations Governing Operation and Registration of Vessels including a fathometer, radar, VHF-FM multiple frequency capable two way marine radio with specified frequencies/channels and minimum ranges, a cell phone for secondary communications to the ATC Mobile operations center, GPS, and a long distance high beam search light.

1.3.4 Safety Equipment: The TV shall be outfitted with contractor furnished first aid kit and approved Type III Personal Flotation Devices for crew and passengers. Survival suits shall be provided, by the contractor, as needed for the TV crew members allowing them to operate in and around Mobile Bay, on the weather deck/under rotor downwash continuously in temperatures ranging from -2 degrees C. to 38 degrees C. (28 degrees F. to 100 degrees F.). The contractor shall provide and use helmets and goggles by crewmembers during helicopter operations.

1.3.5 Fuel: The contractor is responsible for all fuel costs associated with regular training and transit time to the training site. The price of fuel shall be incorporated into the firm fixed price of training blocks.

1.4 Personnel: All contractor personnel are required to be U. S. citizens or legal residents of the United States.

1.4.1 Contractor Point Of Contact: The contractor shall provide a point of contact that shall be available to discuss work performed under this contract during the scheduled working day and periods of underway time. The point of contact shall be able to read, write, and speak English fluently.

1.4.2 HV Crew: Minimum craft crew shall consist of a Coxswain and two Deckhands. The crew shall be currently trained in rescue techniques and at-sea cold water survival.

1.4.2.1 Coxswain: The Coxswain shall be licensed for the vessel, at a minimum, for the size of HV being operated, including the carriage of six passengers, and shall be qualified in CPR. The Coxswain shall be capable of operating and maneuvering the HV during helicopter hoist operations and for aerial dewatering pump pickup as well as any required rescue and use of force judgmental training.

1.4.2.2 Deckhands: The Deckhands shall be knowledgeable in shipboard operations, rigging for helicopter operations, and deck seamanship.

1.4.3 TV Crew: Minimum TV crew shall consist of a Coxswain and one Deckhand. The crew shall be currently trained in rescue techniques and at-sea cold water survival.

1.4.3.1 Coxswain: The Coxswain shall be licensed for the vessel, at a minimum, for the size of TV being operated, including the carriage of three passengers, and shall be qualified in CPR. The Coxswain shall be capable of operating and maneuvering the TV during helicopter use of force judgmental training. The Coxswain must understand the capabilities and limitations of the TV, so as to preclude injury to the crew or damage to the TV during transit and operations/training.

1.4.3.2 Deckhands: The Deckhands shall be knowledgeable in shipboard operations, rigging for helicopter operations and deck seamanship.

1.5 Operational Requirements / Sites: The schedule required for the operating site is as follows:

1.5.1 Hoist Vessel Notional Schedule: The schedule for Monday through Sunday may be available for the contractor by the close of business on Friday of the preceding week (sometimes 24 hour advance notice is all that will be available). Due to the dynamic nature of scheduling aircraft training events, times and days may be adjusted on a day to day basis. Prior to departure for any training event, the contractor shall contact the ATC operations center one hour prior and confirm that the training event is still scheduled. The contractor is required to be at the operational site within 30 minutes of the prescribed scheduled time. Typically the contractor will be required to provide services 5 days a week, but shall be available based on a 7 day work week for a period of 48 weeks per year, totaling 240 working days per year. The HV shall be available from Monday through Sunday from 8:00am to 1:00am. Day to day operations will typically be conducted for periods of 6 hours to 8 hours in duration, not to exceed 12 hours in any 24-hour period. The boat crew shall also have a minimum 12 hour rest period within the 24 hour period. The contractor is responsible for advising the Government when the operations are approaching the maximum 12-hour operational period, inclusive of transit time to and from the operational area. There will be weeks where higher than average or lower than average underway time may be requested. These situations can be predicted to a high degree of accuracy by the Government and provided to the contractor for planning purposes. The HV will be used independently of the TV and be available for simultaneous, yet exclusive operations.

1.5.2 Tactics Vessel Notional Schedule: The schedule for Monday through Sunday will be available for the contractor by the close of business on Thursday of the preceding week. Due to the dynamic nature of scheduling aircraft training events, times and days may be adjusted on a day to day basis. Prior to departure for any training event, the contractor shall contact the ATC operations center one hour prior and confirm that the training event is still scheduled. The contractor is required to be at the operational site within 30 minutes of the prescribed scheduled time. Typically the contractor will be required to provide services five days a week, but shall be available based on a seven day work week for a period of 48 weeks per year, totaling up to 120 working days per year. The TV may be scheduled from Monday through Sunday from 8:00am to 1:00am. Operations will typically be conducted for periods of five to six hours in duration, not to exceed 12 hours in any 24-hour period. The boat crew shall also have a minimum 12-hour rest period within the 24-hour period. The contractor is responsible for advising the Government when the operations are approaching the maximum 12-hour operational period, inclusive of transit time to and from the operational area. There will be weeks when higher than average or lower than average underway time may be requested. These situations can be predicted to a high degree of accuracy by the Government and provided to the contractor for planning purposes. The TV will be used independently of the HV and be available for simultaneous, yet exclusive operations.

1.5.2 Area of Operations: The area of operations includes Mobile Bay and the Gulf of Mexico, five nautical miles seaward from the Mobile Bay sea buoy and Mississippi Sound from Dauphin Island westward to Pascagoula, MS. The contractor is responsible for safe navigation of the vessels at all times.

1.5.3 Operational Log/Weekly Operations Synopsis Report: The contractor shall maintain a log of all operations, which includes dates, location, times, and duration and type of evolution being performed. An operations synopsis report of the week’s operations shall be passed to the ATC Contracting Officer’s Representative (COR) on a weekly basis via email or hardcopy not later than the following Friday of the next week. The COR will provide the appropriate format.

1.5.4 Weather Criteria: The vessels must be capable of completing training requirements in sea states of up to 4 - 5 feet and wind speeds of up to 30 knots for helicopter operations and winds of up to 18 knots for aerial delivery system drops by fixed wing aircraft.

1.5.5 Mission Cancellation: If after the contractor departs their dock for any training event, the Government determines cancellation of the training activity or fulfillment of the scheduled requirement due to environmental conditions, non-availability of aircraft, or non-availability of Government personnel the contractor will be compensated for the entire scheduled event.

1.5.6 HV Functions/Tasks: The contractor shall support training operations for helicopter crew hoist, rescue swimmer operations, and objects deployed or hoisted from Government aircraft. These objects may be delivered directly to the training boat or may be dropped into the water for retrieval. The contractor may be required to support training for helicopter use of force judgmental training which will involve starting/stopping and steering the vessels as directed by the aircrew. Training is both initial for new aviators/aircrews, and proficiency for experienced aviators/aircrews.

1.5.7 TV Functions / Tasks: The contractor shall primarily support training for helicopter Airborne Use of Force (AUF) judgmental training which will involve starting/stopping and steering the vessel as directed by the aircrew. The contractor may occasionally support rescue swimmer operations, helicopter approaches to the water, fast rope safety boat duties and retrieval of objects deployed from Government aircraft. Fast rope safety boat duties include operating close to the fast rope platform (cutter, pier etc.) and being at the ready to recover anyone that enters the water. Due to the limited deck space, crew requirements, the TV SHALL NOT be used as a hoist platform. Scheduling the AUF-TV for missions other than AUF training will be handled on a case by case basis. Training is designed for initial/new aviator qualification as well as proficiency for experienced aviators.

1.6 Quarterly ReviewMeetings: The contractor provided weekly operational log will be used to verify the contractor’s timely arrival on station. Meetings will be held quarterly at ATC Mobile with the Contracting Officer and/or a designated representative of the Contracting Officer (i.e. the COR) to discuss current operations. The contractor will be provided one weeks’ notice.

1.7 Penalties: The contractor’s weekly operational report will be used to determine if the standards were met.

Unacceptable: The contractor fails to arrive at the operational site within 30 minutes of the prescribed scheduled time.

Acceptable: $0.00

Unacceptable: $200.00 per incident

Unacceptable: The contractor fails to successfully complete all training activities (per training session) in accordance with the requirements set forth in the Statement of Work.

Acceptable: $0.00

Unacceptable: $200.00 per incident

Unacceptable: The contractor does not maintain a log of all operations and/or does not provide a weekly operations synopsis report to the Contracting Officer’s Representative.

Acceptable: $0.00

Unacceptable: $50.00 per incident

1.8 Communication Procedures: The Government shall provide/assign communication frequencies for contractor use. The contractor shall provide a cell phone on board the vessel for secondary communications to ATC operations center. The contractor shall contact the ATC operations center one hour prior to assigned on scene time for schedule update (See Section 1.4.1).

1.9 Training: The Government shall provide an orientation brief prior to scheduling training events. The training will include at a minimum safe boating practices, hoist operations, dewatering pump delivery operations suspect vessels maneuvering characteristics, and fixed wing dewatering pump delivery operations, etc. The Government shall also provide annual refresher training in accordance with Boat Crew Seamanship Manual, USCG COMDTINST M16114.5 (series) on the same items. Follow-on training will be the contractor’s responsibility. The contractor will be paid via training blocks for the scheduled training.

1.11 Government Furnished Property (GFP): The Government will provide the following GFP for use in the performance of this contract. All Government property in the possession of the contractor will be managed in accordance with FAR Subpart 45. The contractor shall be proper custodians of all assigned GFP. All GFP is subject to inventory audits and shall be returned to the Government upon completion of the contract. All property assigned to the contractor for the sole purpose of performing the contract will be inventoried prior to the commencement of work.

Unless otherwise stipulated in the contract, property will be provided on a no-charge-for-use basis. GFP shall be used for USCG-assigned tasks only.

The contractor agrees to immediately report inadequacies or defective GFP.

The contractor shall notify the COR upon loss, destruction of, or damage to, GFP provided under this contract. The contractor shall take all reasonable action to protect Government property from further damage by separating the damaged and undamaged Government property, put all the affected Government property in the best possible order, and furnish to the Contracting Officer and/or COR a statement identifying:

a. The Lost, Destroyed, or Damaged Government property

b. The time and origin of the loss, destruction, or damage

c. All known items in commingled property of which the Government property is a part: and

d. The insurance if any, covering any part of such commingled property.

USCG Government Furnished Property

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Aug 2013)

ADDENDUM

FAR 52.212-4 is incorporated by reference as shown in block 27(a) of the SF1449, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS.

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/index.html.

FAR 52.203-3

Gratuities (Apr 1984)

FAR 52.204-4

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

FAR 52.217-8

Option to Extend Services (Nov 1999)

60 days prior to contract expiration

FAR 52.232-18

Availability of Funds (Apr 1984)

FAR 52.242-13

Bankruptcy (Jul 1995)

FAR 52.242-15

Stop Work Order (Aug 1989)

FAR 52.245-1

Government Property (Apr 2012), Alt 1 (Apr 2012)

HSAR 3052.242-71

Dissemination of Contract Information (Dec 2003)

HSAR 3052.242-72

Contracting Officer’s Technical Representative (Dec 2003)

HSAR 3052.245-70

Government Property Reports (Aug 2008) (Deviation) FAR 52.204-1 Approval to Contract (Dec 1989)

This contract is subject to the written approval of the Deputy, Chief of the Contracting Office, Aviation Logistics Center, and shall not be binding until so approved.

(End of clause) FAR 52.216-18 Ordering (Oct 1995)

(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 date of award through 60 months thereafter providing all options are 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) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued electronically (email or fax), urgent requirements may be issued orally.

(End of clause)

FAR 52.216-19 Order Limitations (Oct 1995)

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

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

(1) Any order for a single item in excess 30% of the total quantity;

(2) Any order for a combination of items in excess of 30% of the total quantity; or

(3) A series of orders from the same ordering office within 30 calendar 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 10 calendar 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.

(End of clause) FAR 52.216-21 Requirements (OCT 1995) Alt 1 (APR 1984)

(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) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity’s requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may furnish within its own capabilities.

(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 6 months after the effective period.

(End of clause)

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 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 years.

(End of clause) FAR 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30, 2014. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2014, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

DHS FAR Deviation 52.232-99, Providing Accelerated Payment to Small Business Subcontractors (Deviation) (Aug 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

HSAR 3045.107-70 Government Property Reports (Aug 2008 Deviation) The contractor shall prepare a report of Government property in its possession and the possession of its subcontractors annually using the separate attached Government Furnished Property Form.

(End of clause)

HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for at least 80 percent each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of provision)

Inspection/Acceptance USCG personnel will perform inspection and acceptance of the services.

Contracting Officer’s Authority

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

Contracting Officer’s Representative (COR)

a. The Contracting Officer hereby designates the following individual as the primary Contracting Officer’s Representative (COR) for this contract.

To be identified at contract award

b. In the absence of the primary COR named above, all responsibilities and functions assigned to the COR shall be the responsibility of the alternate COR acting on behalf of the primary COR. The Contracting Officer hereby appoints the following individual as the alternate COR:

To be identified at contract award

c. The COR will act as the Contracting Officer’s representative for technical matters (only), providing technical direction and discussion as necessary with respect to the performance work statement, monitoring the progress and quality of the contractor performance.

The COR is not a Contracting Officer and does not have authority to take any action, either directly or indirectly, that would change pricing, quantity, quality, place of performance, delivery schedule, personal services, or any other terms and conditions of the contract, or to direct the accomplishment of effort which goes beyond the scope of the performance work statement in the contract.

d. It is emphasized that only a Contracting Officer has the authority to modify the terms of the contract, therefore, in no event will any…