1449 Crane Solicitation.doc

HSCG40-08-R-40046

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2108408Y6182671021

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

HSCG40-08-R-40046

6. SOLICITATION ISSUE

DATE 29 July 2008

7. FOR SOLICITATION

INFORMATION CALL:

410-762-6445

Stefanie Schmitz

LOCAL TIME. 22 August 08 2:00pm EST

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UNRESTRICTED

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SET ASIDE:

8a SMALL BUSINESS

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HUBZONE SMALL BUSINESS

NAICS: 333923

SIZE STANDARD:

500 employees

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

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SEE CHEDULE

12. DISCOUNT TERMS

U.S. Coast Guard Engineering Logistics Center

Yard Acquisition Branch (044)

Mail Stop 26, Bldg. 31, 2nd Floor

2401 Hawkins Point Road

Baltimore, MD 21226-5000

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13.a THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 DFR 700)

14. METHOD OF SOLICITATION

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RFQ

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IFP

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RFP

USCG Engineering Logistics Center

2401 Hawkins Point Road

Baltimore, MD 21226-5000

Stefanie Schmitz, Contract Specialist

(See Address in Block 9 above)

17.a CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

U.S. Coast Guard YARD PO Box 4122

Chesapeake, VA 23327

FIN-SMB-YardTeam@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

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Addendum

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4 AND 52.212-5

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

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ARE

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ARE

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ARE NOT ATTACHED

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ARE NOT ATTACHED

28.

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AWARD OF CONTRACT:

PAPERWORK BURDEN STATEMENT

STANDARD FORM 1449 (4/2002)

Prescribed by GSA – FAR (48CFR) 53.212

Table of Contents

2ADDENDUM TO BLOCKS 19

4REQUIRED DELIVERY SCHEDULE

4INSPECTION AND ACCEPTANCE

5ADDENDUM TO BLOCK 16

5ADDENDUM TO BLOCK 18 a

12REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

13INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

14PROPOSAL SUBMITTAL REQUIREMENTS

14EVALUATION FACTORS FOR AWARD

15EVALUATION CRITERIA

24Attachment A - Statement of Work

27Attachment B – Past Performance Questionnaire

29Attachment C – Wage Determination

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.

ADDENDUM TO BLOCKS 19

CLIN

Conduct a feasibility study and develop report on tower crane one in accordance with the statement of work, requirement line #2.

1 ea

IMPORTANT NOTICE TO OFFERORS:

1. All questions regarding this solicitation should be submitted in writing to Stefanie Schmitz at email address: Stefanie.W.Schmitz@uscg.mil.

2. Proposals may be emailed to: Stefanie.W.Schmitz@ucg.mil or mailed to: USCG ELC, 2401 Hawkins Point Road, Baltimore, MD 21226, Building 58,

3. The contractor must identify in their proposal the labor category (by title and number) contained in the Department of Labor Wage Determination(s) that they deem appropriate for the scope of work required herein. If more than one labor category is required to meet all of the specification requirements, please identify all appropriate labor categories, and delineate the portions of the performance work statement under which each category will provide support. The applicable Wage Determinations are provided as Attachment C.

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL (APR 84)

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.

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.

GOVERNMENT REPRESENTATIVES

(a) The Government may, upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Technical Representative(s), named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment.

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

COMPLIANCE WITH SPECIFICATIONS

In order to ensure compliance with all the specification requirements, the contractor shall indicate in its offer, and notify the Government in a cover letter, what specifications, if any, the offeror does not intend to meet. The offeror shall explain, in detail, how any proposed deviation/exception will nonetheless meet the Government's functional requirements. Should descriptive literature be supplied by the offeror, it will be presumed that the offeror intends to meet all of the specifications, regardless of the descriptive literature, unless the offeror specifically notes its exceptions.

It shall be the obligation of the contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time, in writing, any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications, applicable drawings or other documents incorporated by reference herein. Failure to comply with such obligation shall be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies and conflicts.

REQUIRED STANDARD OF WORKMANSHIP

Unless otherwise specifically provided in this contract, the quality of all services rendered hereunder shall conform to the highest standards in the relevant profession, trade or field of endeavor. All services shall be rendered by or supervised directly by individuals fully qualified in the relevant profession, trade or field, and holding any licenses required by law.

WAGE DETERMINATION APPLICABLE, SERVICE CONTRACT ACT

An attachment hereto sets forth the applicable Service Contract Act Wage Determination by the Secretary of Labor.

SECURITY REQUIREMENTS FOR CONTRACTOR PERSONNEL

a.

Citizenship. No employee or representative of the Contractor shall be admitted to any facility or ship of the U.S. Coast Guard unless satisfactory proof of citizenship or proof of I-151 (Alien Registration Receipt Card) of the United States has been furnished.

b.

Compliance with Security Regulations.

(1) Contractor employees working on this contact must complete such forms , as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted directly to the Contracting Officer. Upon the Contracting Officer’s request, the Contractor’s employees shall be fingerprinted, or subject to other investigations as required.

(2) The Contracting Officer may require dismissal from work those employees deemed incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment is deemed contrary to the public interest or inconsistent with the best interest of national security.

(3) It is the Contractor's responsibility to collect and account for all personnel identification passes/badges and vehicle passes issued to his employees when no longer needed. The Contractor must return all passes/badges to the facility security office within three (3) days of the separation of an individual from employment on this contract.

(4) It is the Contractor's responsibility to assure that his employees are aware of, and comply with, the security requirements of the facility or ship as set forth in the contract and as explained at the pre-award or post-award conference, if applicable. Noncompliance by an individual can result in denial of access to the facility or ship.

REQUIRED DELIVERY SCHEDULE

DELIVERY

The Government requires delivery to be made in accordance to the following schedule:

All nine reports due eight weeks after receipt of award.

FAR 52.252-1 PROVISION 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.

HSAR 3052.242-72

Contracting Officer’s Technical Representative (Dec 2003)

HSAR 3052.247-72

F.o.b. Destination Only.

(Dec 2003)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following clauses by reference, with the same force and effect as if they were giving in full text. To review the following clauses in full text please go to www.arnet.gov/far and http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0378.xml.

PLACE OF PERFORMANCE (SERVICES)

Services performed hereunder by the Contractor shall be performed at the U.S. Coast Guard Yard, 2401 Hawkins Point Road, Baltimore, MD 21226.

INSPECTION AND ACCEPTANCE

INSPECTION AND ACCEPTANCE (DESTINATION)

Inspection and acceptance of the supplies or services to be furnished hereunder shall be made at destination by the receiving activity.

ADDENDUM TO BLOCK 16

CONTRACT ADMINISTRATION DATA

ADDRESS OF CORRESPONDENCE.

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

U.S. Coast Guard

Engineering Logistics Center

YARD Acquisition Branch

Code 044, Bldg. #58, 2ND Floor, Mail Stop 8

2401 Hawkins Point Road

Baltimore, MD 21226-5000

M/F: Contract No.*

*To be furnished at time of award.

CONTRACT ADMINISTRATION.

The Contracting Officer or his authorized representative, located at the U.S. Coast Guard Engineering Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, will administer this contract. Refer inquiries to Stefanie Schmitz, Telephone Number: (410) 762-6445, Email: Stefanie.W.Schmitz@uscg.mil.

ADDENDUM TO BLOCK 18 a

INVOICING REQUIREMENTS—FIRM-FIXED PRICE CONTRACTS.

All information set forth in FAR Clause 52.232-25, Prompt Payment, must be included in an invoice for it to constitute a proper invoice:

An original invoice shall be submitted to the following designated payment office:

Original to: U.S. Coast Guard YARD

P. O. Box 4122

Chesapeake, VA 23327-4122 M/F: Contract No.*

*To be furnished at time of award.

Invoices may also be submitted online at https://www.fincen.uscg.mil/secure/web_invoices_cgyard.htm or via FAX at (757)523-6904 ATTN “YARD Team.”

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

In addition, one (1) information copy of your invoice shall be submitted to the following office at the time the original invoice is submitted:

Copy to: U.S. Coast Guard

Engineering Logistics Center

YARD Acquisition Branch

Code 044, Bldg. #58, 2nd Floor, Mail Stop 8

2401 Hawkins Point Road

Baltimore, MD 21226-5000

M/F: Contract No.*

*To be furnished at time of award.

INVOICING AND PAYMENT INFORMATION FOR CONTRACTORS

The Data Universal Numbering Systems (DUNS) number is the primary identifier in 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. Contractors shall also include its Tax Payer Identification Number (TIN) on each invoice.

ADDITIONAL INVOICE REQUIREMENTS

In addition to the requirements of clause 52.232-25 Prompt Payment the contractor shall indicate the Taxpayer Identification Number (TIN) on any invoice submitted for payment under this contract.

WITHHOLDING PAYMENT FOR NON-DELIVERY OF DATA (APR 84)

(a) If technical data such as plans, drawings, reports, spare parts lists, repair parts lists, or the like, or instruction books (including manuscripts or printer's copy) or any part thereof, are not delivered within the time specified by this contract or are deficient upon delivery, the Contracting Officer shall, at his discretion, withhold from each invoice a percentage of the contract price in accordance with the following table:

When Total Contract Price Is Percentage To Be Withheld Is

Less than $250,000 10% $250,000 to $1,000,000 5% Over $1,000,000 2%

(b) The withholding of any sums pursuant to this clause shall not be construed as, or constitute in any manner, a waiver by the government of the contractor's obligation to furnish the data required under this contract. In the event the Contractor fails to furnish these items, the Government shall have those rights and remedies provided by law and pursuant to this contract in addition to, and not in lieu of, the sum withheld in accordance with this clause.

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN

IMPROPER INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE

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

Name: ______________________________

Title: ______________________________

Address: ______________________________

Telephone Number: ______________________________

POST AWARD CONFERENCE

A Post Award Conference (PAC) may be held after the contract is awarded. The Contracting Officer will decide the time and location of the conference. The PAC is an excellent opportunity for the Coast Guard and the Contractor Representatives to meet and discuss the contract prior to the start of performance and the purpose of this meeting is NOT TO CHANGE THE CONTRACT. At the PAC we will discuss the contract in great detail including the specification, review the milestones, quality assurance, Government Furnished Property and any areas of concern to ensure the Coast Guard's requirements are met. After the conclusion of the PAC a summary report will be prepared and provided to all parties that attended.

SITE VISIT

There will be a mandatory site visit at the Coast Guard Yard for all interested offerors. All interested offerors are required to attend. All offereors who wish to submit a proposal shall email: Stefanie.W.Schmitz@uscg.mil to make arrangements.

Site visit will be conducted on August 6, 2008, 9am eastern standard time.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (June 2008)

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

(1) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (4) [Reserved]

__ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_X_ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

_X_ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_X_ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

__ (ii) Alternate I (Aug 2007) of 52.222-50.

__ (25)(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)).

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

__ (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (31) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (40)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

(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 items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settelement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

FAR 52.216-1 TYPE OF CONTRACT (Apr 1984)

The government contemplates a firm fixed price contract.

(End of Clause)

HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUN 2006)

(a) Sensitive Information, as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and

Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the contractor to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(End of clause)

HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH COPRORATE EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity after November 25, 2002, which is treated as an inverted domestic corporation as defined in this clause. 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 homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur.

(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, Public Law 107-296, 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 after November 25, 2002, 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, Public Law 107-296.

(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 after the date of enactment of this Act and 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.

(End of clause)

HSAR 3052.242-71 DISSEMINATION OF CONTRACT INFORMATION (DEC 2003)

The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. An electronic or printed copy of any material proposed to be published or distributed shall be submitted to the Contracting Officer.

(End of clause)

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

FAR 52.214-16 MINIMUM BID ACCEPTACE PERIOD (APR 1984)

(a) “Acceptance period,” as used in this provision, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of proposals.

(b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

(c) The Government requires a minimum acceptance period of 90 calendar days.

(d) In the space provided immediately below, offeror may specify a longer acceptance period than the Government’s minimum requirement.

The offeror allows the following acceptance period: ______________ calendar days.

(e) A proposal allowing less than the Government’s minimum acceptance period may be rejected.

(f) The offeror agrees to execute all that it has undertaken to do, in compliance with its proposal, if that proposal is accepted in writing within –

(1) The acceptance period stated in paragraph (c) of this clause; or

(2) Any longer acceptance period stated in paragraph (d) of this clause.

(End of provision)

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO) shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

HAND CARRIED ADDRESS:

Commanding Officer

U.S. Coast Guard Engineering Logistics Center (CODE 044)

Auxiliary Systems Contracting, MAIL STOP 26

2401 Hawkins Point Rd., Bldg. #58, 2nd Floor

Baltimore, MD 21226-5000

Attn: Stefanie Schmitz/David Monk

MAILING ADDRESS:

Commanding Officer

U.S. Coast Guard Engineering Logistics Center (CODE 044)

Auxiliary Systems Contracting, MAIL STOP 8 2401 Hawkins Point Rd., Bldg. #58, 2nd Floor

Baltimore, MD 21226-5000

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

DELIVERY VIA OVERNIGHT EXPRESS

For proposals and or Amendments delivered via Overnight Carriers (e.g. Federal Express, DHL) offeror must specifically request that the carrier, upon his arrival at the U.S.C.G. Engineering Logistics Center, request permission to deliver the proposal/Amendment(s) directly to the addressee.

SITE VISIT

There will be a pre award site visit at the USCG YARD. All interested offerors are required to attend.

PROPOSAL SUBMITTAL REQUIREMENTS

In order to provide all necessary information for a comprehensive evaluation, the contractor’s proposal shall be submitted as follows:

(1) TECHNICAL - Compliance/Exceptions - Offerors will organize their proposals to directly correspond with the technical evaluation sub factors as follows:

(a)Technical Description - Describe method of accomplishing the studies as well as the length of time to conduct the studies and provide the written reports as described in the Statement of Work.

(b)Personnel Qualifications – Describe qualifications and experience of any proposed personnel and provide the resumes of any personnel expected to perform this work required in this proposal.

(2) PAST PERFORMANCE

Offerors shall submit a list of (at least 3) contracts, for the exact same or similar work, with exact same or similar complexity, which have been completed and delivered in the last three years. The questionnaire located in Attachment B will be used to evaluate the contractor’s past performance. The questionnaire will be sent to each reference for completion. Contracts listed may include those entered into by the Federal Government, agencies of state and local governments, and commercial customers. Include the following information for each:

1. Name and address of the company

2. Point of contact

3. Telephone and fax numbers

4. Contract number or reference number.

*Failure to comply with this requirement may result in rejection of the offer.

(3) PRICE - Proposed pricing shall be provided on a unit price line item basis in the solicitation. (Also, be sure to complete all certifications in the solicitation.) The entire completed and signed solicitation shall be returned as part of your offer.

NOTE: THE OFFEROR IS AUTHORIZED TO PROVIDE INFORMATION ON PROBLEMS ENCOUNTERED ON THE CONTRACTS IDENTIFIED BY THE OFFEROR AND THE OFFEROR’S CORRECTIVE ACTION. ALSO, IN CASE OF AN OFFEROR WITHOUT A RECORD OF RELEVANT PAST PERFORMANCE OR WHOM INFORMATION ON PAST PERFORMANCE IS NOT AVAILABLE, THE OFFEROR MAY NOT BE EVALUATED FAVORABLY, OR UNFAVORABLY ON PAST PERFORMANCE. ALL OFFERS SHOULD BE VALID FOR 90 DAYS.

EVALUATION FACTORS FOR AWARD

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following clauses by reference, with the same force and effect as if they were giving in full text. To review the following clauses in full text please go to www.arnet.gov/far and http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0378.xml.

ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

1. Proposals shall be evaluated in accordance with Federal Acquisition Regulation (FAR) 52.215-1, incorporated into this solicitation. The Government intends to evaluate proposals and award a contract without discussion with the offerors (except communication conducted for the purpose of minor clarification). Therefore, each initial offer should contain the offeror's best terms from a cost/price and technical standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the Contracting Officer to be necessary.

2. Award will be made on an all or none basis.

3. Unless all offers are rejected, award shall be made to the responsible offeror whose offer, conforming to the solicitation, will be the most advantageous to the Government, price and other identified price-related factors considered.

4. Each proposal will be evaluated for technical acceptability. Once technical acceptability is determined, each cost proposal will be evaluated for reasonableness of price. The Contracting Officer will also make an independent determination that the price offered is fair and reasonable. Finally, past performance will be evaluated for acceptable performance on previous and current contracts.

5. The evaluation factors are as follows: Technical, past performance and price. Technical is considered significantly more important than past performance and past performance is slightly more important than price. This is a best value decision and the Government reserves the right to use trade offs.

EVALUATION CRITERIA

1. Offerors are hereby notified that proposals should be submitted initially on the most favorable terms.

2. Proposals shall be evaluated on the criteria listed below. Each factor will be evaluated separately as well as in relationship to each other.

1. TECHNICAL: Shall be prepared in such a manner as to enable personnel with general training to make a thorough and complete evaluation and arrive at a sound determination as to whether or not the service proposed and described will satisfy the requirements of the government. Offerors will organize their proposals to directly correspond with the technical evaluation sub factors as follows:

(a)Technical Description:

· The contractor shall provide a technical proposal for each of the cranes as to the methodology that will be used to evaluate each of the cranes for prime mover/generator conversion to a common Tier Three compliant engine/generator set as proposed in the statement of work.

· The contractor shall provide a technical proposal for each of the cranes as to the methodology that will be used to evaluate each of the cranes to a hard wired umbilical type electric conversion as proposed in the statement of work.

(b)Personnel Qualifications – The contractor shall be knowledgeable in the power needs of portal cranes and have experience in the power needs of various brands of these cranes. Describe qualification and experience of any proposed personnel and provide the resumes of any personnel expected to perform this work required in this proposal. (List only personnel who would work on this project).

2.

PAST PERFORMANCE: The Offeror must provide the information as requested under proposal submission requirements. The questionnaire located in Attachment B will be used to evaluate the contractor’s past performance. The questionnaire will be sent by the Government to each reference for completion.

3. PRICE EVALUATION: Price shall be evaluated as follows:

(a) All Items: The total of all items shall be added together to arrive at an aggregate total.

NOTE: The government may use past performance information obtained from other than the sources identified by the offeror. Any information obtained will be used for both a responsibility determination and for the purposes of evaluation.