fins rudders(08.1).doc

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Attached to: Overhaul Fins and Rudders
Solicitation number: HSCG40-08-B-50014
Issued by: Department of Homeland Security US Coast Guard

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HSCG40-08-Q-50014

Any and all questions or inquiries regarding this solicitation SHALL be submitted in writing. You may either fax your questions to Sharon Johnson at (410) 762-6056 or e-mail them to Sharon.D.Johnson@uscg.mil. No questions or inquiries shall be answered verbally!

Please provide the following information with your bid:

Taxpayer Identification Number: _________________________________________

Duns Number: __________________________________________________________

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 General 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 cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG 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. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. 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 11-0602

Washington, D. C. 20593-0001

FAX: 202.475.3904

The Ombudsman Hotline telephone number is 202.372.3695.

TABLE OF CONTENTS

DESCRIPTION PAGE

Standard Form 1449 (SF 1449)

Table of Contents

Continuation to SF 1449

B. Blocks 19-24 – Schedule of Supplies/Services

C. Block 15 – Deliveries, Packaging and Marking

D. Block 16 – Contract Administration Data; Payment Information

FAR Clause 52.212-4, Contract Terms and Conditions

(Commercial Items)

Addendum to FAR 52.212-4

FAR Clause 52.212-5, Contract Terms and Conditions

Required to Implement Statutes or Executive Orders

(Commercial Items)

Exhibits (Specifications No. R-562-0362, R-565-0399, & Bard-Coding Specification)

FAR Clause 52.212-1, Instructions to Offerors

(Commercial Items)

Addendum to FAR 52.212-1

FAR Clause 52.212-2, Evaluation – Commercial Items

FAR Clause 52.212-3, Offerors Representations and Certifications

Commercial Items

SCHEDULE OF SUPPLIES/SERVICES

BASE YEAR

GROUP I - FINS

ESTIMATED QTY UNIT U/P TOTAL

1. Open, Inspect, Report, Fin Stabilizer, In accordance with the attached Overhaul Specification No. R-565-0380

NSN 2040-99-726-4768 Estimated 10 EA $_______ $_________

The price offered shall be the total price the Government will be obligated to pay for opening, inspecting, and providing an arrival and inspection report, for approval.

NOTE: This cost shall apply if the Arrival Test and Inspection Report(s) reveal that the stabilizers are beyond economical repair.

LOADED HOURLY RATE:

2. NSN 2040-99-726-4768, repair and testing of Fin Stabilizer, in accordance with the attached overhaul description (See Specification No. R-565-0380)

Est. No. of Hours x Loaded Hourly Rate x Quantity = Total 80 hours $_____________ x 10 each $__________

The loaded hourly rate offered shall include direct and indirect labor rates, G & A, overhead, and profit. This labor rate represent the total amount, per hour, the Government will be obligated to pay for services performed.

The estimated number of hours and total cost shown above are intended for evaluation purposed only, and may vary based upon the condition of the Fin stabilizers as received by the Contractor. The Arrival Test and Inspection Report, Item 1 shall show the total actual labor hours (and costs) that will be expended for the repair and testing of each Fin stabilizer. A firm-fixed price shall be determined from the Arrival Test & Inspection Report.

3. Material used for shaft repair 1 Each $___________

4. Material used for blade repair 1 Each $___________ 4a. Welder Certification in accordance with Specification No. R-565-0380, paragraph 3.9 1 Each **NSP

5. Labor to reassemble and prepare for shipment any Fin Stabilizer not repairable.

1 Each $___________

GROUP II - RUDDERS

QTY UNIT U/P TOTAL

6. Open, Inspect, Report, Rudders with stock, In accordance with the attached Overhaul Specification No. R-562-0399

NSN 2040-01-223-2674 Estimated 12 EA $_______ $_________

The price offered shall be the total price the Government will be obligated to pay for opening, inspecting, and providing an arrival and inspection report, for approval.

NOTE: This cost shall apply if the Arrival Test and Inspection Report(s) reveal that the rudders are beyond economical repair.

7. NSN 2040-01-223-2674, repair and testing of Rudders, in accordance with the attached overhaul description (See Specification No. R-562-0399)

Est. No. of Hours x Loaded Hourly Rate x Quantity = Total 85 hours $_____________ x 12 each $__________

The estimated number of hours and total cost shown above are intended for evaluation purposed only, and may vary based upon the condition of the Rudders as received by the Contractor. The Arrival Test and Inspection Report shall show the total actual labor hours (and costs) that will be expended for the repair and testing of each Rudder. A firm-fixed price shall be determined from the Arrival Test & Inspection Report.

8. Material used for rudder blade 1 Each $___________

9. Material used for double skinned rudder blade 1 Each $___________

9a. Welder Certification in accordance with Specification No. R-562-0380, paragraph 3.9 1 Each *NSP

10. Labor to reassemble and prepare for shipment any Rudder not repairable.

1 Each $__________

PRESERVATION, PACKAGING AND MARKING CHARGE:

11. NSN 2040-99-726-4768 Estimated 10 Each $______ $______

Contractor to furnish all labor, material, and equipment necessary, to preserve, package, mark and bar code each Fin Stabilizer, in accordance with the attached Overhaul Description (Specification No. R-562-0380).

12. NSN 2040-01-223-2674 Estimated 12 Each $______ $_______

Contractor to furnish all labor, material, and equipment necessary, to preserve, package, mark and bar code each Rudder, in accordance with the attached Overhaul Description (Specification No. R-565-0399).

The price offered shall be the total price the Government will be obligated to pay for preservation, packaging, and marking only. FREIGHT CHARGES SHALL NOT BE INCLUDED IN THIS PRICE.

NOTE(S)

1. REPAIRS SHALL NOT BE INITIATED UNTIL THE INSPECTION REPORT/REPAIR ESTIMATE IS APPROVED BY THE COAST GUARD.

2. ONE (1) COPY OF THE DETAILED INSPECTION REPORT SHALL BE EMAILED TO SHARON.D.JOHNSON@USCG.MIL OR FAXED TO SHARON JOHNSON (410) 762-6056.

*NSP – NOT SEPARATELY PRICED

13. TIME AND MATERIAL LINE ITEM FOR MISCELLANEOUS CONTINGENCY REPAIR RATES

During the performance of the contract additional repairs and/or modifications not specifically addressed in the schedule may be required by the contract under a loaded composite hourly rate arrangement during the component repairs. As a result, contractors must provide loaded hourly rates for the categories listed below and if appropriate, material handling rate/cost (see item (d) below).

LOADED SHOP EST. HRS* TOTAL

HOURLY RATE PER YEAR PRICE

(a) Welder

$___________ X 5 $_________

(b) Machinist

$___________ X 5 $_________

(d) Material (estimated for evaluation purposes only)

Material handling cost (contractor to insert a percentage in decimal)

_____________ X $1,000.00** = $_____________

*Estimated hours, estimated material, price and total are intended solely for evaluation purposes.

**Estimated material cost

The ceiling price for this section shall be established at time of award for each delivery order as issued. If the Contractor exceeds the ceiling price established, it shall be at the risk of the contractor.

14. Subcontracting Plan 1 Each *NSP *NSP

SCHEDULE OF SUPPLIES/SERVICES

FIRST OPTION YEAR

1. Open, Inspect, Report, Fin Stabilizer, In accordance with the attached Overhaul Specification No. R-565-0380

The price offered shall be the total price the Government will be obligated to pay for opening, inspecting, and providing an arrival and inspection report, for approval.

NOTE: This cost shall apply if the Arrival Test and Inspection Report(s) reveal that the stabilizers are beyond economical repair.

accordance with the attached overhaul description (See Specification No. R-565-0380)

Est. No. of Hours x Loaded Hourly Rate x Quantity = Total 80 hours $_____________ x 10 each $__________

3. Material used for shaft repair 1 Each $___________

4. Material used for blade repair 1 Each $___________

4a. Welder Certification in accordance with Specification No. R-565-0380, paragraph 3.9

1 Each **NSP

6. Open, Inspect, Report, Rudders with stock, In accordance with the attached Overhaul Specification No. R-562-0399

The price offered shall be the total price the Government will be obligated to pay for opening, inspecting, and providing an arrival and inspection report, for approval.

NOTE: This cost shall apply if the Arrival Test and Inspection Report(s) reveal that the rudders are beyond economical repair.

7. NSN 2040-01-223-2674, repair and testing of Rudders, in accordance with the attached overhaul description (See Specification No. R-562-0399)

85 hours $_____________ x 12 each $__________

The price offered shall be the total price the Government will be obligated to pay for preservation, packaging, and marking only. FREIGHT CHARGES SHALL NOT BE INCLUDED IN THIS PRICE.

1. REPAIRS SHALL NOT BE INITIATED UNTIL THE INSPECTION REPORT/REPAIR ESTIMATE IS APPROVED BY THE COAST GUARD.

2. ONE (1) COPY OF THE DETAILED INSPECTION REPORT SHALL BE EMAILED TO SHARON.D.JOHNSON@USCG.MIL OR FAXED TO SHARON JOHNSON (410) 762-6056.

13. TIME AND MATERIAL LINE ITEM FOR MISCELLANEOUS CONTINGENCY REPAIR RATES

LOADED SHOP EST. HRS* TOTAL

$___________ X 5 $_________

(d) Material (estimated for evaluation purposes only)

Material handling cost (contractor to insert a percentage in decimal)

_____________ X $1,000.00** = $_____________

*Estimated hours, estimated material, price and total are intended solely for evaluation purposes.

**Estimated material cost

14. Subcontracting Plan 1 Each *NSP *NSP

SECOND OPTION YEAR

1. Open, Inspect, Report, Fin Stabilizer, In accordance with the attached Overhaul Specification No. R-565-0380

The price offered shall be the total price the Government will be obligated to pay for opening, inspecting, and providing an arrival and inspection report, for approval.

NOTE: This cost shall apply if the Arrival Test and Inspection Report(s) reveal that the stabilizers are beyond economical repair.

accordance with the attached overhaul description (See Specification No. R-565-0380)

Est. No. of Hours x Loaded Hourly Rate x Quantity = Total 80 hours $_____________ x 10 each $__________

3. Material used for shaft repair 1 Each $___________

4. Material used for blade repair 1 Each $___________

4a. Welder Certification in accordance with Specification No. R-565-0380, paragraph 3.9

1 Each **NSP

6. Open, Inspect, Report, Rudders with stock, In accordance with the attached Overhaul Specification No. R-562-0399

The price offered shall be the total price the Government will be obligated to pay for opening, inspecting, and providing an arrival and inspection report, for approval.

NOTE: This cost shall apply if the Arrival Test and Inspection Report(s) reveal that the rudders are beyond economical repair.

7. NSN 2040-01-223-2674, repair and testing of Rudders, in accordance with the attached overhaul description (See Specification No. R-562-0399)

85 hours $_____________ x 12 each $__________

The price offered shall be the total price the Government will be obligated to pay for preservation, packaging, and marking only. FREIGHT CHARGES SHALL NOT BE INCLUDED IN THIS PRICE.

1. REPAIRS SHALL NOT BE INITIATED UNTIL THE INSPECTION REPORT/REPAIR ESTIMATE IS APPROVED BY THE COAST GUARD.

2. ONE (1) COPY OF THE DETAILED INSPECTION REPORT SHALL BE EMAILED TO SHARON.D.JOHNSON@USCG.MIL OR FAXED TO SHARON JOHNSON (410) 762-6056.

$___________ X 5 $_________

(d) Material (estimated for evaluation purposes only)

Material handling cost (contractor to insert a percentage in decimal)

_____________ X $1,000.00** = $_____________

*Estimated hours, estimated material, price and total are intended solely for evaluation purposes.

**Estimated material cost

THIRD OPTION YEAR

1. Open, Inspect, Report, Fin Stabilizer, In accordance with the attached Overhaul Specification No. R-565-0380

The price offered shall be the total price the Government will be obligated to pay for opening, inspecting, and providing an arrival and inspection report, for approval.

NOTE: This cost shall apply if the Arrival Test and Inspection Report(s) reveal that the stabilizers are beyond economical repair.

accordance with the attached overhaul description (See Specification No. R-565-0380)

Est. No. of Hours x Loaded Hourly Rate x Quantity = Total 80 hours $_____________ x 10 each $__________

3. Material used for shaft repair 1 Each $___________

4. Material used for blade repair 1 Each $___________

4a. Welder Certification in accordance with Specification No. R-565-0380, paragraph 3.9

1 Each **NSP

6. Open, Inspect, Report, Rudders with stock, In accordance with the attached Overhaul Specification No. R-562-0399

The price offered shall be the total price the Government will be obligated to pay for opening, inspecting, and providing an arrival and inspection report, for approval.

NOTE: This cost shall apply if the Arrival Test and Inspection Report(s) reveal that the rudders are beyond economical repair.

7. NSN 2040-01-223-2674, repair and testing of Rudders, in accordance with the attached overhaul description (See Specification No. R-562-0399)

85 hours $_____________ x 12 each $__________

The price offered shall be the total price the Government will be obligated to pay for preservation, packaging, and marking only. FREIGHT CHARGES SHALL NOT BE INCLUDED IN THIS PRICE.

1. REPAIRS SHALL NOT BE INITIATED UNTIL THE INSPECTION REPORT/REPAIR ESTIMATE IS APPROVED BY THE COAST GUARD.

2. ONE (1) COPY OF THE DETAILED INSPECTION REPORT SHALL BE EMAILED TO SHARON.D.JOHNSON@USCG.MIL OR FAXED TO SHARON JOHNSON (410) 762-6056.

$___________ X 5 $_________

(d) Material (estimated for evaluation purposes only)

Material handling cost (contractor to insert a percentage in decimal)

_____________ X $1,000.00** = $_____________

*Estimated hours, estimated material, price and total are intended solely for evaluation purposes.

**Estimated material cost

14. Subcontracting Plan 1 Each *NSP *NSP

FOURTH OPTION YEAR

1. Open, Inspect, Report, Fin Stabilizer, In accordance with the attached Overhaul Specification No. R-565-0380

The price offered shall be the total price the Government will be obligated to pay for opening, inspecting, and providing an arrival and inspection report, for approval.

NOTE: This cost shall apply if the Arrival Test and Inspection Report(s) reveal that the stabilizers are beyond economical repair.

accordance with the attached overhaul description (See Specification No. R-565-0380)

Est. No. of Hours x Loaded Hourly Rate x Quantity = Total 80 hours $_____________ x 10 each $__________

3. Material used for shaft repair 1 Each $___________

4. Material used for blade repair 1 Each $___________

4a. Welder Certification in accordance with Specification No. R-565-0380, paragraph 3.9

1 Each **NSP

6. Open, Inspect, Report, Rudders with stock, In accordance with the attached Overhaul Specification No. R-562-0399

The price offered shall be the total price the Government will be obligated to pay for opening, inspecting, and providing an arrival and inspection report, for approval.

NOTE: This cost shall apply if the Arrival Test and Inspection Report(s) reveal that the rudders are beyond economical repair.

7. NSN 2040-01-223-2674, repair and testing of Rudders, in accordance with the attached overhaul description (See Specification No. R-562-0399)

85 hours $_____________ x 12 each $__________

The price offered shall be the total price the Government will be obligated to pay for preservation, packaging, and marking only. FREIGHT CHARGES SHALL NOT BE INCLUDED IN THIS PRICE.

1. REPAIRS SHALL NOT BE INITIATED UNTIL THE INSPECTION REPORT/REPAIR ESTIMATE IS APPROVED BY THE COAST GUARD.

2. ONE (1) COPY OF THE DETAILED INSPECTION REPORT SHALL BE EMAILED TO SHARON.D.JOHNSON@USCG.MIL OR FAXED TO SHARON JOHNSON (410) 762-6056.

$___________ X 5 $_________

(d) Material (estimated for evaluation purposes only)

Material handling cost (contractor to insert a percentage in decimal)

_____________ X $1,000.00** = $_____________

*Estimated hours, estimated material, price and total are intended solely for evaluation purposes.

**Estimated material cost

CONTINUATION OF SF 1449

C. TIME AND PLACE OF DELIVERY

52.211-8 TIME OF DELIVERY (JUNE 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

(Applies to Base Year and all Option Years)

Contract Line

Estimated Within Calendar Days after Contract/ Item Number (CLIN) Quantity Delivery order award 1.

10 Each 30 Calendar days after receipt of GFP

1 Each 60 Calendar days after approval of item #1

1 Each To be included in item #1 inspection report 4.

4a. 1 Each To be included in item #1 inspection report

1 Each 30 Calendar days after receipt of GFP

12 Each 60 Calendar days after approval of item #6

1 Each To be included in item #6 inspection report 9.

9a. 1 Each To be included in item #6 inspection report

10.

11.

10 Each To be included with approval of item #2 12.

12 Each To be included with approval of item #7

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above may be unacceptable and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFERORS PROPOSED DELIVERY SCHEDULE

Contract Line

Estimated Within Calendar Days after contract/ Item Number (CLIN) Quantity Delivery order award 1.

10 Each __ Calendar days after receipt of GFP

1 Each __ Calendar days after approval of item #1

4a. 1 Each To be included in item #1 inspection report

1 Each __ Calendar days after receipt of GFP

12 Each __ Calendar days after approval of item #6

9a. 1 Each To be included in item #6 inspection report

10.

11.

10 Each To be included with approval of item #2

12.

12 Each To be included with approval of item #7

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

PLACE OF DELIVERY – DESTINATION

Commanding Officer

U.S. Coast Guard ELC Receiving Room-Bldg #88 2401 Hawkins Point Road Baltimore MD 212Officer U.S. Coast Gu26

In addition to sending Inspection Reports please scan or fax to: 410) 762-6056, Attn: Sharon Johnson or email: Sharon.D.Johnson@uscg.mil .

CONTINUATION OF SF 1449

D. INVOICING REQUIREMENTS

1. ADDRESS OF CORRESPONDENCE

All correspondence except as otherwise specified shall be directed to the following address:

Commanding Officer USCG Engineering Logistics Center

Auxiliary Contracting Branch

Mail Stop 26, Bldg. #31, 2nd Fl.

2401 Hawkins Point Road

Baltimore, MD 21226-5000 M/F: Contract/Delivery Order Number

2. Invoicing Requirements -- Firm-Fixed-Price CONTRACTS

(a) All information set forth in FAR Clause 52.232-25, PROMPT PAYMENT (SEE SECTION I), must be included in an invoice for it to constitute a proper invoice:

(b) An original and two copies of invoices shall be submitted to the following designated office:

Commanding Officer U.S. Coast Guard YARD

P.O. Box 4122, Chesapeake, VA 23327-4122 M/F: Contract/Delivery Order Number

Failure to submit directly to this office will delay prompt payment of your invoice.

3. Unauthorized Instructions From Government Personnel (APR 84)

(a) The Contractor will not accept any instructions issued by any person employed by the U.S. Government or otherwise, other than the Contracting Officer, or the Contracting Officer's Representative acting within the limits of his authority. Contracting Officer's Representative will also be designated in writing to the Contractor, and the scope of his authority will be set forth therein.

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

4. Contract Administration

The Contracting Officer or his authorized representative, located at the Commanding Officer, USCG Engineering Logistics Center, Mail Stop 26, 045/52, Bldg. #31, 2nd Fl, 2401 Hawkins Point Road, Baltimore, MD 21226 will be the contract administrator of the contract - Sharon Johnson, Telephone Number: (410) 762-6465 or email: Sharon.D.Johnson@uscg.mil.

5. INVOICE AND PAYMENT INFORMATION FOR CONTRACTORS

The Data Universal Numbering System (DUNS) number is the primary identifier in the Central Contractor Registration (CCR). Contractors are located and identified in CCR by their DUNS number. Therefore, to facilitate payment, it is in the contractor’s best interest to ensure that the DUNS number is recorded on every invoice submitted to the U.S Coast Guard. Effective 01 January 2002, all Coast Guard vendors must be registered in the Central Contractor Registration (CCR) System in order to be awarded a contract. For more information on CCR and to register online, simply visit the CCR website: http://www.ccr.disc.dla.mil or call the Coast Guard Finance Center Customer Service line at 757-523-6940.

PART III – CONTRACT CLAUSES

A. 52.212-4 Contract Terms and Conditions—Commercial Items (Feb 2007)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

CONTRACT CLAUSES

B. ADDENDUM TO CONTRACT CLAUSE 52.212-4

1. PREPARATION FOR DELIVERY INSTRUCTIONS

All material shipped or delivered to the U.S. Coast Guard ELC on this contract must be accompanied by an itemized packing list that cite the proper Contract/Delivery Order number. Each packing unit shall have a list of all items contained in that unit. A duplicate list shall be attached to the outside of the package in a waterproof envelope securely attached in a conspicuous place but so located as to reduce the possibility of loss in shipping and handling.

Deliveries are to be made between the hours of 7:30am and 3:30pm. Monday through Friday to the following address:

U.S. Coast Guard ELC

Receiving Room-Bldg. #88

2401 Hawkins Point Road Baltimore, MD 21226

2. PRESERVATION, MARKING & PACKAGING

Preservation, marking and packaging of the Fin Stabilizers and Rudders shall be in accordance with Specification No. R-562-0399 & R-565-0380.

3. 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 the date of contract award (Base Year) through 4 (four)-option years.

(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.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Nov 14, 2017.