Final Solicitation.doc

PAGE

HSCG40-09-Q-50115

GOVERNMENT NOTICE FOR HANDLING PROPOSALS

Any and all questions or inquiries regarding this proposal SHALL be submitted in writing. Please e-mail your questions to Patricia.L.Dobbins@uscg.mil. No questions or inquiries shall be answered verbally!

The proposal shall be used and disclosed for evaluation purposes only, and a copy of this Government notice shall be applied to any reproduction or abstract thereof.

Any authorized restrictive notices, which the submitter places on its proposal, shall also be strictly complied with. Disclosure of this proposal outside the Government for evaluation purposes shall be made only to the extent authorized by, and in accordance with, the procedures in Federal Acquisition Regulation and Homeland Security Acquisition Regulations.

Proposals submitted in response to this solicitation, must be received at the following address prior to the date and time established for receipt of proposals.

U.S. Coast Guard Surface Forces Logistics Center

Auxiliary Systems Acquisition Branch (Code 045)

Mail Stop 99, Bldg. 31, 2nd Floor

2401 Hawkins Point Road

Baltimore, MD 21226-5000

Attn: Patricia Dobbins

NOTICE FOR FILING AGENCY PROTESTS

It is the policy of the Coast Guard 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 Accounting Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 that a Coast Guard 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 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 at 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. 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 forwarded to the address below:

Commandant (CG-9131) U.S. Coast Guard Headquarters

Procurement Planning & Oversight Division

1900 Half St. SW, JR11-0203

Washington, DC 20593 Telephone: (202) 372-3692

Fax: (202) 475-3904

SHIP CHECK

Contractors are encouraged to conduct a ship check on install in order to familiarize themselves with the work that may be required and any possible interference. The Coast Guard will not pay the cost of the trip to conduct the ship checks. The cost associated with the trip shall be borne by the contractor.

See Appendix 1 to specification for list of completed CG Cutters.

Contractors can request to visit any ship by e-mailing a request to Patricia Dobbins at Patricia.L.Dobbins@uscg.mil and CWO George Lausen at George.J.Lausen@uscg.mil or James.A.McClain@uscg.mil prior to 10 November, 2009. Contractors are encouraged to submit their requests for ship checks immediately to eliminate any delays. Requests will not be honored after 10 November 2009. Upon notification of request for a ship check, CWO Lausen or CWO McClain will contact you to schedule the visit.

Any questions that may arise before, during or after the ship check shall be submitted in writing to the attention of Patricia Dobbins at Patricia.L.Dobbins@uscg.mil . Contractors are advised that responses to any questions received will not be answered verbally, but in an amendment which will be posted on www.fedbizopps.gov. Contractors shall not rely on any verbal information obtained during the ship checks, but rather on information contained in the solicitation and any amendment issued.

TABLE OF CONTENTS

DESCRIPTION

PAGE(S)

Table of Contents 1 Standard Form 1449 (SF1449)

Addendum to Standard Form 1449 3-11

FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items 12-17

Addendum to FAR Clause 52.212-4, Contract Terms and Conditions – 18-26

Commercial Items

FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement 27-33 Statutes or Executive Orders – Commercial Items Addendum to FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement 33 Statutes or Executive Orders – Commercial Items

FAR Provision 52.212-1, Instructions to Offerors – Commercial Items

34-36 Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items

37-38 FAR 52.212-2, Evaluation – Commercial Items

38-42 FAR Clause 52.212-3, Offeror Representations and Certifications – Commercial 42-57 Items

ATTACHMENTS: (Listed on page 58) Attachment 1: Specification No. I-503-0001 – 378’ WHEC Auxiliary Sea Pump

Replacement Attachment 2: Drawing package. Contractor can obtain a copy of the drawings by sending a request to Patricia.L.Dobbins@uscg.mil Attachment 3: Wage determinations for:

1. San Diego, CA

2. Charleston, SC

3. Alameda, CA

4. Honolulu, HI

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

DATE

HSCG40-09-Q-50115

6. SOLICITATION ISSUE

10/26//09

7. FOR SOLICITATION

INFORMATION CALL:

Patricia Dobbins

LOCAL TIME 2:00 p.m.

FORMCHECKBOX

UNRESTRICTED

FORMCHECKBOX

SET ASIDE: %FOR

SMALL BUSINESS

HUBZONE SMALL BUSINESS

NAICS:336611

SIZE STANDARD: 500 employees

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

FORMCHECKBOX

SEE SCHEDULE

12. DISCOUNT TERMS

USCG Surface Forces Logistics Center Contracting & Procurement Division, Branch 2 (LRE) Mailstop #99 2401 Hawkins Point Rd., Bldg. 31, 2nd floor

FORMCHECKBOX

13.a THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 DFR 700)

14. METHOD OF SOLICITATION

RFQ

FORMCHECKBOX

IFP

FORMCHECKBOX

RFP

17.a CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

U.S. Coast Guard YARD P.O. Box 4122

Chesapeake, VA 23327-4122

FORMCHECKBOX

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

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See pages 5 through 8 .

(Attach Additional Sheets as Necessary)

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

FORMCHECKBOX

ARE

FORMCHECKBOX

ARE

FORMCHECKBOX

ARE NOT ATTACHED

FORMCHECKBOX

ARE NOT ATTACHED

28.

FORMCHECKBOX

FORMCHECKBOX

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:

PAPERWORK BURDEN STATEMENT

STANDARD FORM 1449 (4/2002)

Prescribed by GSA – FAR (48CFR) 53.212

ADDENDUM TO BLOCKS 15 THROUGH 26

SCHEDULE OF SUPPLIES/SERVICES

ADDENDUM TO BLOCK NUMBER 13A:

52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (Apr 2008) Any contract awarded as a result of this solicitation will be [ ] DX rated order; [X ] DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

ADDENDUM TO BLOCK NUMBER 15:

Work under this contract may be performed at the cutters home pier, Coast Guard YARD, or any other location designated by the Coast Guard.

ADDENDUM TO BLOCK NUMBER 16:

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

Contracting & Procurement Division, Branch 2 (LRE)

Attn: Patricia Dobbins, Contract Specialist

2401 Hawkins Point Rd., Bldg. 31, 2nd Floor

M/F: Contract Number: {To be furnished at the time of award}

Delivery Order Number: {To be furnished with each individual delivery order}

The successful contractor is required to comply with FAR clause 52.204-11 American Recovery and Reinvestment Act – Reporting Requirements (Mar 2009)

The Contractor shall report the following information, using the online reporting tool available at http://www.FederalReporting.gov ADDENDUM TO BLOCK NUMBER 18A and 18B.

Payment will be made by:

U.S. Coast Guard YARD P.O. Box 4122

Chesapeake, VA 23327-2122

ADDENDUM TO BLOCK NUMBER 25:

The accounting and appropriation will be identified on each task order. The items will be funded by the American Recovery and Reinvestment Act (ARRA) of 2009 and are subject to the requirements of FAR Clauses 52.203-15, 52.204-11 and 52.215-2 identified in this solicitation/contract.

TAX IDENTIFICATION NUMBER AND DUNS NUMBER:

Contractor shall provide the following information:

TIN:____________________________________

DUNS:__________________________________

ADDENDUM TO BLOCK NUMBERS 19 THROUGH 24:

(a) The Contractor shall furnish all necessary labor, material, travel costs, tools, services, equipment, supplies, power, consumable parts and such other things and services as are necessary, except as otherwise specified, to perform the work required by this solicitation, all in accordance with this solicitation and Specifications.

(b) Each offeror shall furnish the information required by the solicitation. Any offer that does not conform to the requirements of this solicitation in every respect may be rejected as unacceptable. Deviations from, or exceptions to, the specifications or delivery schedule can be causes for rejection. Offers for supplies or services other than those specified will not be considered unless authorized by this solicitation.

Government Furnished Property (GFP):

Salt Water Circulation Pump and Motor Assembly - Blackmer System One, Model LD17 each pump described in Coast Guard Specification Number I-503-0001 To report a discrepancy with the Government Furnished Property, the contractor can submit their report electronically by filling in the on-line form at http://www.uscg.mil/hq/elcbalt/procsdr.asp.

THE SCHEDULE

SUPPLIES/SERVICES AND PRICE/COST/DELIVERY

ASW Pump – Removal of Old Equipment & Installation of GFP American Recovery and Recovery Act

FAR 52.211-8 TIME OF DELIVERY

The government requires delivery to be made according to the following schedule:

The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror submits an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

INITIAL AWARD

b c d Install in Charleston, SC.

Install in Alameda, CA.

Install in Honolulu, HI

Job

Job

Job

Breakdown – Per day cost a.

b.

c.

Installation-

Rip out-

Testing-

Day

Day

Day

Within 72 hours of the occurrence

Within 72 hours of the occurrence

Within 72 hours of the occurrence

Within __ hours of the occurrence

Within __ hours of the occurrence

Within __ hours of the occurrence

THE SCHEDULE

SUPPLIES/SERVICES AND PRICE/COST/DELIVERY

ASW Pump – Removal of Old Equipment & Installation of GFP

AMERICAN RECOVERY

ACT

OPTION Quantities

FAR 52.TIME OF DELIVERY

The government requires delivery to be made according to the following schedule:

The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror submits an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

b c.

d.

Install in Honolulu, HI

Install in San Diego, CA.

Install in Charleston, SC.

Job

Job

Job

GROWTH WORK

(a) The Contractor shall not perform growth work without the Contracting Officer's authorization. Growth work is work within the scope of the contract, which has not been previously been identified in the contract. Contractor shall provide a firm fixed price using the labor categories, material handling rate, overhead rate, G&A rate and profit listed below when submitting a modification, CFR and QC’s.

(b) The Contractor shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer, of any proposal submitted for a contract modification or CFR. Unless otherwise directed, the breakdown shall be submitted on an MLC 002 proposal form which will permit an analysis of all materials, labor, equipment, subcontract, overhead costs, and profit covering all work involved in the change/modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the proposal includes a request for a time extension, justification shall be furnished with the proposal.

(c) This clause is to be used in conjunction with the clause COMPOSITE LABOR RATE incorporated below. The Contractor is required to have and/or furnish all tools and equipment incidental to each bench trade. Supplies such as wiping rags, hacksaw blades, sandpaper, welding wire, helium, etc., are also to be furnished by the contractor. Other materials are to be charged at actual costs and prices currently in effect and as agreed to by the Contracting Officer. Material shall be best marine commercial quality available except where a precise specification is indicated in which case the specification shall apply, e.g., MILSPEC, FEDERAL SPEC.

COMPOSITE LABOR RATE:

The composite labor rate offered shall be the sole labor hour rate used to price labor hours for contract changes, i.e. growth work, CFR and QC. The contractor shall not receive any compensation in addition to this rate for labor associated with such changes under this contract.

(a) The composite labor hour rate shall represent total compensation for the following:

(1) direct labor wages and salaries;

(2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;

(3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;

(4) all indirect costs such as overhead and general and administrative expense;

(5) any port or association fees, rents, or other levies;

(6) profit (fee); and

(7) all direct and indirect costs and profit associated with the following support functions:

· Supervision, Management, Project Managers

· Planning and Estimating

· Contract Administrator

· Engineering

· Quality Assurance

· Security

· Testing

· Transportation/Driver

(b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the contractor's accounting system. These support functions are to be priced into the composite labor rate and shall not be separately compensated.

(c) The Quantity of Composite Labor hours indicated below is only an estimate. The Estimated hours represents the Government’s best estimate of the total number of additional hours that may be required throughout the contract and is solely for evaluation purposes. The Government may elect to exceed this value at the prices stated at its discretion during performance of the contract. The inclusion of this item does not obligate the Government to exercise the item nor entitle the contractor to compensation if not exercised.

If normally applied in commercial situations, material handing cost will be paid at commercially reasonable rate as demonstrated by the contractor’s proposal submission. In addition, required parts will be paid for at cost (no overhead, G&A or profit shall be applied to parts), plus application of the material handling cost if appropriate.

LOADED SHOP EST. HRS.**

HOURLY RATE PRICE

(a) Pipe Fitter X

(b) Welder X

(c) Electrician X

(e) Electrician Helper X

(f) Laborer X

(g) Support personnel X

(h) Material (estimated for evaluation purposes only) $2,000.00

(i) Material handling cost

(contractors item percent in decimal) representative ______________ X $2,000.00* = $_____________

(j) Overhead Rate ________%

(k) G&A Rate ________%

(m) Profit ________%

The rates identified above shall be used for any modifications to the contract or task orders and condition found reports, quick chits or growth work submitted.

*Estimated material cost used for evaluation purposes only.

** Estimated hours, estimated material, price and total are intended solely for evaluation purposes only. Loaded hourly rates, material handling rate, overhead rate, G&A rate and profit are not for evaluation purposes and shall be used for any modifications, condition found reports and quick chits.

NOTE: The contractor shall not proceed with any work identified in any CFR or QC until authorized, in writing, by the Contracting Officer or his/her authorized representative.

DELIVERIES OR PERFORMANCE

FAR 52.211-8 TIME OF DELIVERY (JUNE 1997)

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

SEE PAGES 5_ THROUGH _8_ FOR TIME OF DELIVERY required delivery schedule

The Government will evaluate equally, as regards to 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 considered unacceptable and may be 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.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

SEE PAGES _5__ THROUGH _8_ FOR OFFERORS PROPSED DELIVERY SCHEDULE

(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 may be rejected.

52.212-4 Contract Terms and Conditions -- Commercial Items (Mar 2009)

(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 Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(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.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(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—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(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; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 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 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 of the FAR;

(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 FAR 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.

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - 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 www.arnet.gov.

NUMBER

TITLE

52.203-3 Gratuities

APR 1984

52.204-4 Printed or Copied Double-Sided on Recycled Paper

AUG 2000

52.211-15 Defense Priority and Allocation Requirements APR 2008 52.222-54 Employment Eligibility Verification JAN 2009 52.227-14 Rights in Data-General DEC 2007

The following Homeland Security Acquisition Regulations are hereby incorporated by reference, with the same force and effect as if incorporated in full text. The full text of these clauses may be viewed electronically at www.dhs.gov.

NUMBER

TITLE

3052.217-90 Delivery & Shifting of Vessel (USCG) DEC 2003

3052.217-91 Performance (USCG) DEC 2003 3052.217-92 Inspection & Manner of Doing Work DEC 2003

3052.217-94 Lay Days DEC 2003 3052.217-95 Liability and Insurance DEC 2003

3052.242-71 Dissemination of Contract Information

DEC 2003

3052.242-72 Contracting Officer’s Technical Representative

DEC 2003

3052.242-99 Department of Labor Safety & Health Regulation For Ship Repair DEC 2003

Addendum to paragraph (a) of FAR Clause 52.212-4

a. Except as specified elsewhere, the U.S. Coast Guard will rely on the contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements.

b. Records of all inspection work by the contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract.

c. The name and telephone number of the U.S. Coast Guard Inspector will be provided at the arrival conference.

d. If determined to be in the best interest of the government, the Government will perform inspections and tests in a manner that will not unduly delay the work. When on-the-spot action to correct observed defects cannot be taken, the government will use a contract deficiency report (CDR) to advise the Contractor of the problem and to indicate to the Contractor the requirement for response or corrective action. The Contractor shall provide a response within 24 hours to the COTR with a copy to the KO outlining corrective action.

e. Inspection and acceptance of the supplies/services to be furnished hereunder shall be made, upon completion of the work, by the Contracting Officer or his/her designated personnel either on board the USCG vessel or via documentation to the contractor, whichever is appropriate based on the work performed.

f. The Coast Guard reserves the right to witness testing at any stage of the installation including but not limited to testing of the system. On every task order issued, the Contractor shall notify the Contract Specialist, in writing, at least 7 business days prior to start of any testing performed by the contractor.

MATERIAL INSPECTION & RECEIVING REPORT

At the time of each delivery of supplies or services under this contract, the contractor shall prepare and furnish to the Government a DHS Form 0700-21 Material Inspection and Receiving Report (MIRR). The receiving report must include:

- An authorization number such as the contract, DHS Form 0700-21 (MIRR), or delivery order number

- Product or service description including contractual document line item number

- Quantities shipped, if applicable

- Date(s) property or services accepted

- Signature, printed name, title, phone number, and mailing address of the receiving official

One (1) signed copy of DHS Form 0700-21 (MIRR) shall be sent to the Contracting Officer upon shipment/delivery of any deliverable hereunder, clearly marked "Information Only".

DHS Form 0700-21 Material Inspection and Receiving Report (MIRR) shall be provided upon completion of successful testing. Contractor shall attach the test report readings to this form.

Addendum to paragraph (f) of FAR Clause 52.212-4

If the contractor becomes unable to complete the contract work at the time(s) specified because of technical difficulties, notwithstanding the exercise of good faith and diligent efforts in the performance of the work called for hereunder, the Contractor shall give the Contracting Officer written notice of the anticipated delay and the reasons therefore. Such notice and reasons shall be delivered promptly after the condition creating the anticipated delay becomes known to the Contractor but in no event more than 3 days after the reason was identified. When notice is so required, the Contracting Officer may extend the time specified in the Schedule for such period as deemed advisable.

Addendum to paragraph (g) of FAR Clause 52.212-4

The contractor’s final invoice submitted under each task order shall be marked as follows: (THIS INVOICE CONSTITUTES THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE NO OTHER MONIES ARE DUE UNDER CONTRACT NUMBER HSCG40-XX-D-XXXX TASK ORDER XX-XXXX (to be assigned upon contract award).

NOTE: 10% OF THE TOTAL CONTRACT PRICE SHALL BE WITHHELD UNTIL ALL DELIVERABLES, REQUIRED BY THE CONTRACT, ARE RECEIVED AND ACCEPTED IN ACCORDANCE WITH PARAGRAPH ENTITLED “WITHHOLDING PAYMENT FOR NONDELIVERY”.

Addendum to paragraph (o) of FAR Clause 52.212-4.

WARRANTY REQUIREMENTS:

In the space below, please specify your warranty. Offerors are requested to state the terms and conditions of their warranty in the space provided below or to attach a copy of the warranty terms with their proposal. In no event shall the warranty be less than the one specified below as the “minimum”. ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________A certificate of warranty setting forth the terms and conditions of the warranty shall be provided to the CG Inspector and the Contracting Officer at time of final acceptance.

A warranty that offers less than the requested warranty spelled out above may be basis for rejection of offer.

MINIMUM WARRANTY REQUIREMENTS

To the extent that these requirements are inconsistent with commercial practices, the government requires these provisions:

1. At a minimum, the contractor shall warrant each install (labor and material) for one year (12 months) from date of successful acceptance of the installation.

2. The contractor shall send a representative to the site of the problem within 36 hours of verbal or written notification.

3. The government will not be responsible for any costs should the claim be determined to be a warranty repair. If decided to be a warranty repair, the contractor shall be responsible for all costs associated to the warranty cost, including, but not limited to removal, reinstallation, travel costs and crane services.

WARRANTY IMPLEMENTATION

USCG Field units will notify the Surface Forces Logistics Center that a possible warranty condition exists. The government representative will contact the contractor, followed by a warranty letter, which will give notification of the problem, and establish a warranty claim number. An authorized Coast Guard representative may accompany the contractor on any warranty call and make a mutually agreeable warranty decision. If a decision cannot be made on-site, the contractor shall handle the repair as a warranty repair until decided otherwise by the contracting officer.

WITHHOLDING PAYMENT FOR NONDELIVERY

(a) If data, reports, manuals, materials, or any part thereof, are not delivered within the time specified by this contract or are deficient upon delivery, the Contracting Officer shall, unilaterally at his/her discretion, withhold from each invoice a percentage of the contract price in accordance with the following table:

When Contract Total 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.

LIABILITY AND INSURANCE:

(a) In accordance with HSAR 3052.217-95, Liability and Insurance (DEC 2003), the Contractor shall procure and maintain for the duration of the contract the following insurance:

1. Ship Repairer's Liability:

$500,000.00 per occurrence.

2. Comprehensive General Liability:

$500,000.00 per occurrence.

3. Full insurance coverage in accordance with the United State's Longshoremen's and Harbor Worker's Act.

4. Full insurance coverage in accordance with the State's

Workmen's Compensation law (or its equivalent) for all places of performance under this contract.

(b) As evidence that he/she has obtained the insurance specified in the above, the contractor shall furnish the Contracting Officer with a certificate or certificates executed by an agent of the insurer authorized to execute such certificates.