HSCG40-11-R-50078 49' IDIQ RFP.pdf

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-931)

U.S. Coast Guard Headquarters

Procurement Planning & Oversight Division

1900 Half St., SW, JR11-0203

Washington, DC 20593-0001

Telephone: (202) 372-3692

Fax: (202) 475-3904

USCG Surface Forces Logistics Center

Contracting Procurement Division 3

300 East Main Street

Suite 550

Norfolk, VA 23510-9111

REQUEST FOR PROPOSAL

HSCG40-11-R-50078

HAULOUT & REPAIRS OF THE 49’ BUOY UTILITY STERN LOADING BOATS (BUSL)

TABLE OF CONTENTS

DESCRIPTION PAGE NUMBER

SF 1449, Solicitation/Contract/Order for Commercial Items 1 - 14

Continuation of SF 1449

Contract Clauses

FAR 52.212-4 Contract Terms and Conditions Addendum 15-19

FAR 52.212-5 Contract Terms and Conditions Required to Implement 20-25

Statutes and Executive Orders

Contract Documents/Exhibits and/or Attachments

Specification (July 28, 2011/Rev 2) CONTAINED ON CD

Schedule of Supplies and Services Attachment 1

List of Coast Guard Districts Attachment 2

Government Property Report Attachment 3

Solicitation Provisions

FAR 52.212-1 Instructions to Offerors Addendum 26-31

FAR 52.212-2 Evaluation Commercial Items 32-36

FAR 52.212-3 Representations and Certifications-Commercial Items 37-48

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

6. SOLICITATION

ISSUE DATE

07/28/2011

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Dottie Rawls, Contract Specialist

b. TELEPHONE NUMBER (no collect calls)

(757) 628-4540

8. OFFER DUE DATE/

LOCAL TIME

08/29/2011

2:00 PM (EST)

9. ISSUED BY CODE 75174

SFLC–CPD3-SBPL

300 East Main Street, Suite 550

10. THIS ACQUISITION IS

UNRESTRICTED OR SET ASIDE 100% FOR:

SMALL BUSINESS EMERGING SMALL

HUBZONE SMALL BUSINESS

BUSINESS

SERVICE DISABLED VETERAN- 8(A)

OWNED SMALL BUSINESS

NAICS: 336611

SIZE STANDARD 1,000

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS (15

CFR 700)

13b. RATING DO-A3

DO-A3

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

To be determined on each individual delivery order

16. ADMINISTERED BY CODE

Dottie Rawls, Contractgood Specialist

(757) 628-4540

Dorothy.rawls@uscg.mil

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

DUNS No.

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE

USCG Finance Center

1430A Kristina Way

Chesapeake, VA 23326

*See Pages 5-6 for additional instructions*

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

In accordance with this solicitation and attached specification(s).

25. ACCOUNTING AND APPROPRIATION DATA

To be funded on individual delivery orders

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

REQUIREMENTS

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 & 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN ONE (1) COPIES TO ISSUING OFFICE. CONTRACTOR

AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR

OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE

OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

KELLY A. WYATT

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.21 mailto:Dorothy.rawls@uscg.mil

ADDENDUM TO BLOCKS 19 THROUGH 26

SCHEDULE OF SUPPLIES/SERVICES

(1) Block 17a: Contractor shall include DUNS number and Tax Identification Number.

(2) Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in

Central Contractor Registration (CCR). To receive award contractor must be registered in Central Contract

Registration (CCR) http://www.ccr.gov.

(3) Block 19 through 24: SEE ATTACHED SCHEDULE OF SUPPLIES/SERVICES.

(4) Block 25: ACCOUNTING AND APPROPRIATION DATA: To be included on each individual delivery order issued under the contract.

ANTICIPATED AWARD DATE: The base contract is expected to be awarded on or about 30 September

2011. This date is estimated at best. Work covered by Delivery Orders issued under this contract shall be completed within Sixty (60) calendar days from the date the vessel becomes available to the contractor. The period of performance shall be stated on each delivery order. Upon contract award, the availability schedule will be provided to the contractor for review. The Government will attempt to issue delivery orders not less than

30 calendar days prior to the confirmed availability date EXCEPT for work as a result of an emergency. An arrival conference will be held within 48 hours of each scheduled vessel start date. Vessels being drydocked shall be in drydock within seventy-two (72) hours of delivery.

ORDERING

a. Services will be ordered by the issuance of individual delivery orders. Refer to FAR Clause 52.216-18, Ordering, Page

15.

b. Any supplies or services to be furnished under this contract shall be ordered by issuance of delivery orders by the following activity:

SFLC-CPD3-SBPL

300 East Main Street

c. Order limitations are identified in FAR Clause 52.216-19, Order Limitations, Pages 16-17.

OPTIONS

Each option extending the term of this contract shall be for a period of one (1) year from the effective date of each option.

QUANTITIES

The quantities shown for all CLINS reflect estimated quantities only per vessel.

http://www.ccr.gov/

ITEM/DESCRIPTION OF WORK

Repairs of the 49‘ Buoy Utility Stern Loading Boat (BUSL) for Districts 1, 5, 7, 8, and 9.

CONTRACTOR MUST SPECIFY THE DISTRICT(S) THEY WISH TO BE CONSIDERED FOR!

The Contractor shall furnish all necessary labor, materials, parts, services, equipment, supplies, power, accessories, facilities and services as are necessary, except as otherwise specified, all in exact accordance with this Request for Proposal and attached specifications.

All work is to be performed in accordance with the Buoy Utility Stern Loading Boat (BUSL) Specification dated July 28, 2011, Revision 2, and all references included therein.

Failure to read the specifications in their entirety shall not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offeror‘s risk.

See Attachment 1, Schedule of Prices, for all Contract Line Items (CLINS) for the Base Year and Option Years

1, 2, 3, and 4. The Government has established estimated quantities for evaluation purposes only. The

Government makes no assurances that these quantities will be ordered. Insert unit prices in all items listed in the Schedule unless ―NSP‖ is printed in the Unit Price column for any item. ―NSP‖ means ―Not Separately

Priced.‖ Each individual delivery order issued under the contract shall specify the CLIN‘s to be performed under each individual delivery order.

OFFERORS MUST PROVIDE PRICING ON ALL CLINS FOR ALL

YEARS!

The following proposed schedule for the availabilities is the current plan, but is subject to change due to various factors, including but not limited to operational requirements, budget limitations, and the need for unscheduled repairs. For the purpose of evaluation it is anticipated that there will be 2 drydock availabilities per fiscal year.

The Government estimates the following planned availabilities and is being provided for informational purposes only:

DISTRICT BASE YEAR FIRST

OPTION

YEAR

SECOND

OPTION

YEAR

THIRD

OPTION

YEAR

FOURTH

OPTION

YEAR

1 4 2 4 5 4

5 0 0 1 1 1

7 0 0 1 1 0

8 2 0 0 0 2

9 1 2 1 1 1

UNSCHEDULED AND EMERGENCY WORK

Unscheduled availabilities resulting from emergencies or casualty repairs (CASREP) work will be ordered by individual delivery orders. They shall be completed within a mutually agreed upon period of performance. If the vessel can reach the contractor‘s facility, the contractor will be given the right of first refusal to perform the emergency work. The Government reserves the right to obtain emergency or casualty repair work from another source when the vessel is unable to safely retransit to the contractor‘s facility; the parties cannot mutually agree upon a period of performance; or when the contractor cannot meet the Governments urgent delivery requirements.

The US Coast Guard reserves the right to NOT utilize this contract if the work is under the micro-purchase threshold of $3,000.00.

Although the estimates identified above appear to not have any planned availabilities scheduled, the contract includes unplanned availabilities, which the Government cannot realistically estimate at this time. This schedule may change based on Government priorities.

GEOGRAPHIC RESTRICTIONS

EAST COAST BOATS - In accordance with the U. S. Coast Guard Instructions, the vessel is restricted to an area no greater than 140 nautical miles one way and 280 nautical miles roundtrip from the BUSL‘s home station, on navigable waterways and no more than 30 nautical miles one way and 60 nautical miles round trip off shore.

DELIVERIES, PACKAGING, AND MARKING

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 DATE

52.242-15 Stop-Work Order AUG 1989

52.246-16 Responsibility for Supplies APR 1984

REQUIRED DELIVERY

Although the delivery time shall be specified on each individual delivery order, all work shall be completed within Sixty (60) calendar days from the date the vessel becomes available to the contractor except in emergency situations. In emergency situations, the Government and Contractor shall negotiate a reasonable period of performance.

http://www.arnet.gov/

DATA DELIVERABLES - All Data deliverables shall be delivered to the following address:

300 East Main Street

Suite 550

Norfolk, VA 23510-9111

M/F: Contract Number: {*}

Delivery Order Number: {**}

METHOD OF PAYMENT AND INVOICING INSTRUCTIONS FOR SHIP REPAIR

The Government will make payment under this contract based on a percentage or stage of completion. The contractor may invoice each contract line item/CLIN as work progresses. The amount invoiced shall be calculated based on those prices stipulated in the contract Schedule of Supplies/Services as follows:

An item/CLIN may not be invoiced until the percentage complete reaches 25 percent. Future invoices for that item/CLIN have no limitation as to the percentage of completion required before invoicing. (The minimum percentage of completion

(25%) to be reached prior to billing each item/CLIN may be waived by the Contracting Officer on a case by case basis for large dollar items/CLINS.)

Invoices submitted by the contractor which are deemed not proper, in accordance with FAR clause, 52.212-4 will be returned. Invoices shall include (see the clause for a full summation of invoice requirements):

Name and Address of the contractor;

Invoice date

Contract Number/Modification No.

Description, quantity, unit of measure, unit price and extended price;

Shipping and Payment Terms;

Name and Address of Contractor official to whom payment is to be sent;

Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice.

The invoice must include:

a) The percentage of completion for each CLIN identified;

b) Name of the Contracting Officer;

c) Vessel name; and,

d) The overall percentage and dollar amount previously billed, currently billed and unbilled.

e) The Data Universal Numbering System (DUNS) number

The Data Universal Numbering System (DUNS) number is the primary identifier in Central Contractor Registration

(CCR), (see FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)).

Contractors are located and identified in CCR by their DUNS number. Therefore, to facilitate payment, the DUNS number shall be recorded on every invoice submitted to the US Coast Guard.

By execution of this contract, the Contractor agrees that all payments for partial performance rendered by the Government under this contract are based on the assumption that the contractor will, in good faith, execute and honor all payment terms entered into between it, the prime contractor, and any subcontractor thereof in the performance of this contract. The contractor hereby acknowledges the Government‘s right to reduce or suspend progress payments based on non-payment in accordance with any payment terms of the subcontract agreement.

All items of work invoiced under this contract will be verified by the designated billing office and confirmed by the

Contracting Officer‘s Technical Representative (COTR) as accurate and complete.

Any amount deemed not payable will be deducted from the contractor‘s invoice. Deducted amounts may be resubmitted on the next invoice for reconsideration.

Additional work verbally agreed to by the parties that has not yet been incorporated into the contract by modification shall not be included in an invoice. Payments will not be made for any work to which a modification has not been properly executed. Invoices submitted for payment that includes such a request will be reduced by the unmodified amount.

Invoices shall be mailed to the billing office designated below. Mail the original and one copy of the invoice to:

U. S. Coast Guard Surface Forces Logistics Center

300 East Main Street

Suite 550

Attn: Dottie Rawls

The contractor‘s final invoice submitted under the contract must be marked as follows: THIS INVOICE CONSTITUTES

THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE NO OTHER MONIES ARE DUE UNDER

CONTRACT NUMBER (to be assigned upon contract award).

NOTE: 10% OF THE TOTAL CONTRACT PRICE WILL BE WITHHELD UNTIL ALL DELIVERABLES,

REQUIRED BY THE CONTRACT, ARE RECEIVED AND ACCEPTED.

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 the invoice.

NAME: _______________________________

TITLE: _______________________________

ADDRESS: _______________________________

TELEPHONE NUMBER: _____________________

EMAIL ADDRESS: __________________________

CONTRACT ADMINISTRATION DATA

The Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces Logistics Center, 300 East Main Street, Suite 550, Norfolk, VA 23510-9111, shall be the contract administrator of this contract –Dottie

Rawls, (757) 628-4540, Dorothy.Rawls@uscg.mil.

COAST GUARD ACTIVITY AUTHORIZED TO PLACE ORDERS

Delivery orders shall be issued by the following Coast Guard activity:

300 East Main Street

VOLATILE ORGANIC COMPOUNDS (VOC) REGULATIONS

(a) Contractors are required to comply with federal, state and local VOC compliance laws and regulations. Among other requirements, certain contractors may also be required to operate pursuant to a Title V permit. The need for such a permit will depend on the provisions of the applicable state‘s ―State Implementation Plan‖ (SIP) and the type/quantity of the contractor‘s regulated emissions, including VOCs. Certain SIPs may also mandate certain contractors to operate under the terms of a compliance plan intended to reduce VOC emissions.

(b) Contractors, therefore, must submit the following to the designated NESU Port Engineer not later than two weeks after contract award:

1) Copies of any federal, state or local permits required and applicable to the use or application of VOCs at contractor‘s facility or offsite work places;

2) Copies of any compliance plans required and applicable to the use or application of VOCs at contractor‘s facility or offsite work places.

(c) If no federal, state or local permits or compliance plans are required and applicable to the use or application of

VOCs at contractor‘s facility or offsite workplaces, then contractor shall submit to the designated NESU Port Engineer a letter, notarized under oath, that such documents are not required.

(d) Contractors will submit the following to the designated NESU Port Engineer not later than two weeks after contract award: Data Sheets (MSDS) documents, certificates, specifications or any other manufacturing data verifying the

VOC ratings of paints to be applied to the Cutter in accordance with MLCA Standard Spec 63000N, Section 5.3.1.

ACCESSIBILITY OF CONTRACTOR'S FACILITY

The contractor shall provide a facility accessible from a navigable waterway at which a ship of the characteristics described in the attached specification can, using its own propulsion, safely arrive, lie afloat and depart at all states of the tide and at any time day or night. The facility and its approaches shall have a minimum water depth of 8 feet and a minimum vertical clearance of 15 feet.

mailto:Dorothy.Rawls@uscg.mil

REQUIRED INSURANCE

The Contractor shall, at its own expense, procure and maintain the following kinds of insurance with respect to performance under the contract. In accordance with HSAR 3052.228-70, Insurance (DEC 2003), the Contractor shall furnish the Contracting Officer with proof of insurance for the duration of the contract, including:

1. Ship Repairer's Liability - $500,000 per occurrence.

2. Comprehensive General Liability - $500,000 per occurrence.

3. Full insurance coverage in accordance with the United 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.

Each insurance certificate must provide the name of the US Coast Guard vessel and the contract number as specifically insured.

ACCESS TO VESSEL

(a) A reasonable number of officers, employees, and associates of the Government, or other prime Contractors with the

Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis.

The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security.

(b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the

Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security.

INDEMNIFICATION FOR ACCESS TO VESSELS

Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the

Contractor agrees to allow officers, employees, and associates of the Government, or other prime contractors with the

Government and their subcontractors, and officers, employees, and associates of quoters on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.

INSPECTIONS

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

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.

The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation.

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 priced as a pre-priced CLIN. The Contracting

Officer reserves the right to contract for growth work on the basis of a negotiated, firm, fixed price, when it is in the best interest of the Government. If a firm-fixed price contract is awarded, and during the performance period a repair within scope is identified but the Contracting Officer and Contractor are unable to agree on the cost of the work, a bilateral modification may be incorporated into the contract using a Time and Materials modification for this specific repair. In this situation, FAR 52.212-4, Alternate I, will be incorporated.

(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. Unless otherwise directed, the breakdown shall be submitted on an MLCA 002 proposal form provided at the arrival conference permitting 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 into this solicitation. 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 regular rates and prices currently in effect and as agreed to by the

Contracting Officer. Material shall be best 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 the prime contractor's direct labor hours for contract changes, i.e. growth work. The contractor shall not receive any compensation in addition to this rate for the prime contractor's direct 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 and Management Planning and Estimating

Material Handling Housekeeping

Engineering Transportation/Drivers

Quality Assurance Contract Administration

Security Testing

(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 quoted and shall not be separately compensated.

(c) The Quantity of Composite Labor hours indicated in the Schedule of Supplies/Services, is only an estimate and is an Optional Item pursuant to this solicitation. The Estimated Quantity represents the Government‘s best estimate of the total number of additional hours that may be required throughout the contract. The

Government may elect to exceed this value at the prices stated in the schedule at its discretion during performance of the contract. The inclusion of this item does not obligate the Government to exercise the option item nor entitle the contractor to compensation if not exercised.

MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT PROPERTY IN THE

PERFORMANCE OF A SHIP REPAIR CONTRACT

The Government Property Clause incorporated by reference delineates the Contractor's overall responsibility when taking possession of government property in performance of a contract. In performance of this contract the Contractor will be required to properly identify, track and control property within its possession. This includes, property furnished by the government (GFP) to the Contractor in conjunction with specific CLIN

Items. These items and their values are listed in the specification, property that is pre-existing in a location that during the course of performance will be replaced or renewed.

The items listed in the specification, as government furnished property will be provided in the quantities designated. Government furnished property may be provided in person by an official Coast Guard employee, shipment via commercial carrier, etc. The Contractor shall sign for all government furnished property using either a DD Form 1149, entitled, ―Requisition and Invoice/Shipping Document‖ or a DD Form 1348, entitled, ―Issue Release/Receipt Document‖. A copy of the DD 1149 or DD 1348 must be sent within 48 hours of receipt of property, to the designated Government Property Administrator. The name of the individual assigned as Property Administrator will be furnished to the Contractor at time of award. The Contractor shall not take receipt of property that is not listed in the specification, has not been previously identified as becoming part of the contract (via contract modification) or which otherwise cannot be identified. Such irregularities shall be immediately reported to the Property Administrator.

The Contractor shall complete the report provided herein, entitled, ―Government Property Report‖. This report is intended as a living document whereby relevant fields shall be filled in, maintained and kept current at all times. All property described in paragraph 1 (a and b) above shall be reported on the report. At contract completion the Contractor and the Property Administrator shall ensure that all fields are appropriately completed. A signature block is provided at the end of the report for both parties to attest to the report's accuracy and completeness. The Government Property Report shall clearly delineate the complete track that all

Government property took over the course of the contract. This completed report must accompany the

Contractor's final invoice. Final payment may be delayed, without penalty of interest, until such time as the report is received. A separate copy of the completed report and any final DD 1149s or DD 1348s executed, as a result of carrying out disposition instructions shall be provided to the Property Administrator.

Pursuant to the Government Property Clause the authority to render disposition instructions of Government property associated with this contract is delegated to the Property Administrator. The Contractor shall comply with all instructions in the contract for the return of government property to the Coast Guard. This includes government property taken off the vessel (shafts, propellers, etc.), government property returned to the vessel

(special tools, etc.) or surplus government property not used during performance of the contract.

CONTRACTING OFFICER’S AUTHORITY

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the

Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

CONTRACTOR PERFORMANCE EVALUATION

The resultant contractor's performance will be evaluated throughout the contract period for inclusion into a

Contractor Performance Report (evaluation) by the end user(s) for use by this agency and other government agencies on future source selection award decisions. The report will be completed by the assigned Contracting

Officer‘s Technical Representative (COTR) at the completion of the contract. Upon review by the Contracting

Officer, the results will be provided to the contractor who will be given a period of thirty days to review and provide comments. Contractor comments will be reviewed and considered by the Contracting

Officer. In the case of a contract with option years, an interim report will be completed on the anniversary date of the contract each year. The areas to be evaluated are:

Quality of Product or Service Meeting SDB Subcontracting Requirements (as applicable)

Cost Control (as applicable)

Subcontractors

Timeliness of Performance

Contractor Manager/Principal Investigator

Business Relations

Overall Comment

Each area will be evaluated using the following adjectival scale: Outstanding (5), Excellent (4), Good (3), Fair

(2), Poor (1), and Unsatisfactory (0).

The performance evaluation process will be accomplished by all participants electronically using the Contractor

Performance Assessment Reporting System (CPARS) via the Internet. The CPARS is an all-inclusive system with many built-in levels of security designed to safeguard your performance evaluation throughout the entire process. In order to ensure that the Contracting Officer provides the correct person electronic access to the performance evaluation report for review and comment, the contractor shall provide to the Contracting Officer,

(1) the primary contractor representatives name, e-mail address, telephone number and unique identifier and (2) the secondary contractor representatives name, e-mail address and telephone number. The Contracting Officer will contact the contractor for this information, upon award. The contractor will receive a system generated e-mail notification when the performance evaluation for this contract is ready for review. The contractor will access the Contractor Module of the system, review the evaluation and submit desired comments. The notification e-mail will contain instructions for the Contractor‘s Representative to log in with his or her unique

ID in order to obtain a personal identification number (PIN). The PIN may be used to access this contractor‘s evaluation only, and will be deactivated after the evaluation has been reviewed and comments have been submitted. The contractor should be mindful that the system provides thirty days to electronically submit comments.

If no comments are received during the thirty-day period, the system will automatically set the evaluation to completed status and will incorporate a statement to the effect that no comments were received within the time limit. The fully completed report is automatically sent to the contractor by the system for viewing and may, at that time, be printed.

CONTRACT DEFICIENCY REPORT

The Contracting Officer or Contracting Officer‘s Technical Representative (COTR) may issue a Contract

Deficiency Report (CDR), MLCA Form 005. The contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COTR. The COTR will comment on the contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the contractor, MLC(vr), the NESU and Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COTR in writing.

REQUIRED STANDARD OF WORKMANSHIP

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

GOVERNMENT FURNISHED PROPERTY/INFORMATION

The Government shall provide the following items as Government-Furnished Property (GFP) during performance of this contract:

WORK

ITEM

MTI ITEM DESCRIPTION NSN/PN QTY

ESTIMATED

UNIT COST

6 N Freeman Marine Watertight Quick

Acting Hatch 2040-01-F07-1174 1 ea $1922.90

6 N Oval Aluminum Hatch Steel Ring 0031-2226 1 ea $100.00

8 N Duramax 49 BUSL Linerite Dunnage Kit

(complete) 813000044 1 ea $1,986.00

8 N 3 ½” x 3 ½” x 15” long 813000040 1 ea $146.00

8 N 3 ½” x 3 ½” x 45” long 813000043 1 ea $310.00

8 N 3 ½” x 3 ½” x 54” long 813000042 1 ea $336.00

8 N 3 ½” x 3 ½” x 50” long 813000037 1 ea $325.00

8 N 49’ BUSL Fender Kit (complete) 802031904 1 ea $6,146.68

8 N Forward side fender kit 802101003 2 ea $752.14

8 N Aft side fender kit 802100903 2 ea $827.93

8 N Buoy Deck Fenders 802100803 2 ea ewa

$825.52

8 N Stern fender kit 802100503 1 ea $113.05

8 N Bow nose fender kit 802022504 1 ea $591.01

8 N Stern corner fender kit 802022404 2 ea $315.72

18 N Sea Strainer Hayward Model 72 1 ea $100.00

22 N 24” X 54” Watertight Aluminum Door

LH

2040-01-454-9363 1 ea $7714.32

22 N 24” X 60” Watertight Aluminum Door

RH

2040-01-455-1822 1 ea $4453.00

22 N 24” X 48’ Watertight Aluminum Door

LH

2040-01-455-1816 1 ea $3714.00

22 N 24” X 24” Watertight Aluminum Hatch 2040-01-455-1312 1 ea $3059.70

22 N 24” Watertight Aluminum Hatch 2040-01-455-0616 1 ea $1922.90

22 N 15” X 24” Watertight Aluminum ER(ER 2040-01-455-0628 1 ea $1379.30

22 N Hatch Hold Open Assembly 0031-2226 1 ea $200.00

24 N WTD 24”x66” LH 2040-01-454-9363 1 ea $1935.00

24 N WTD 24”x60” RH 2040-01-455-1822 1 ea $1935.00

28 Y Engine, Diesel 2815-01-450-5653 1 ea $20,220.00

31 Y Reduction Gear 2010-01-450-5801 1 ea $8,408.22

32 N Flexible Coupling 3010-01-551-3136 1 ea $533.69

33 Y Propeller Shaft 2010-01-458-4612 1 ea $2204.92

34 N Shaft Seal Assembly 2010-01-F04-0256 1 ea $3,577.43

35 N Shaft Razor Line Cutter 02500 1 ea $442.00

37 N Shaft Coupling 3010-01-458-6535 1 ea $398.97

37 N Drive Saver 841193025 1 ea $100.00

37 N Drive Saver Bushing Kit 841193027 1 ea $30.00

39 N Bearing Sleeve 3120-01-366-0506 3 ea $219.16

41 Y Right Hand Propeller 2010-01-450-5807 1 ea $1642.00

41 Y Left Hand Propeller 2010-01-450-5805 1 ea $1630.00

44 N Exhaust Muffler, Kit MDE 2990-01-450-5804 1 ea $3,300.00

44 N Exhaust Muffler, Gasket 5330-01-329-4168 1 ea $125.00

49 Y Engine, Diesel Generator Set 6115-01-456-6346 1 ea $23,668.00

50 Y Generator 35MCGBA 1 ea $10,000.00

53 N Receptacle 5935-01-399-6806 1 ea $436.39

57 N Searchlight 6230-01-461-7591 1 ea $677.00

58 N Horn Replacement Kit 6350-01-F04-0326 1 ea $100.00

59 N Compressor P449-8 1 ea $500.00

59 N Relief Valve 4820-01-019-8943 1 ea $70.19

60 N Horn 6350-01-552-8723 1 ea $100.00

70 N A/C Unit 4120-01-552-9170 1 ea $100.00

WORK

ITEM

MTI ITEM DESCRIPTION NSN/PN QTY

ESTIMATED

UNIT COST

66 N 2” Ball, Flange Mount 4820-01-475-0283 3 ea $1,183.00

66 N 2” Flange 4730-00-252-3508 3 ea $49.00

66 N Rubber Sheet, Solid Cloth Insert 5330-00-179-0052 1 ea $38.37

66 N Screw, Cap, Hexagon 5305-00-925-7853 ea

$2.65

66 N Nut, Plain, Hexagon 5310-01-372-2670 ea

$4.86

66 N Washer, Flat 5310-00-187-4129 ea

$4.92

82 N Air Compressor 4310-01-552-8767 1 ay $100.00

81 N Rudder Assembly 2040-01-471-8081 1 ay $5,292.00

81 N Lower Bearing 3120-01-465-0356 1 ea $136.41

81 N Upper Bearing 3120-01-465-0320 1 ea $129.50

81 N Rudder Bearing Seal Applied Industrial

17307H5L16 1 ea $37.83

82 N Thrust Bearing 3120-01-391-1492 1 ea $80.00

CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish all management, tools, supplies, labor, and equipment necessary to fulfill the requirements of the specification.

DISPOSITION OF GOVERNMENT FURNISHED PROPERTY/DATA

Any and all Government furnished property, upon transfer from the Government to the Contractor, shall be examined for completeness, proper type, quantity, and damage. The Contractor shall be fully and solely responsible for any damage to such material while in the contractor‘s custody and until it is returned to the

USCG Surface Forces Logistics Center and accepted by the Contracting Officer or an authorized representative.

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), Resident Inspector(s), and so on. Such individuals, IF APPOINTED, will be 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.

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -

COMMERCIAL ITEMS (JUN 2010)

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)

52.211-5 Material Requirements (AUG 2000)

52.211-15 Defense Priority and Allocation Requirements (APR 2008)

52.215-2 Audit and Records – Negotiation (OCT 2010)

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997)

Alternate I (JUL 1995)

52.223-12 Refrigeration Equipment and Air Conditioners (May 1995)

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

52.236-16 Progress Payments (AUG 2010)

52.242-2 Production Progress Reports (APR 1991)

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

52.245-1 Government Property (AUG 2010)

52.245-9 Use and Charges (AUG 2010)

52.246-4 Inspection of Services – Fixed-Price (AUG 1996)

52.253-1 Computer Generated Forms (JAN 1991)

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.

3052.211-70 Index for Specifications (DEC 2003)

3052.217-90 Delivery and Shifting of Vessel (DEC 2003)

3052.217-91 Performance (DEC 2003)

3052.217-92 Inspection and Manner of Doing Work (DEC 2003)

3052.217-93 Subcontracts (DEC 2003)

3052.217-94 Lay Days (DEC 2003)

3052.217-95 Liability and Insurance (DEC 2003)

3052.217-96 Title (DEC 2003)

3052.217-97 Discharge of liens (DEC 2003)

3052.217-98 Delays (DEC 2003)

3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (DEC 2003)

3052.217-100 Guarantee (JUN 2006)

3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003) http://www.dhs.gov/

3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003)

3052.223-90 Accident and Fire Reporting (DEC 2003)

3052.242-71 Dissemination of Contract Information (DEC 2003)

3052.242-72 Contracting Officer‘s Technical Representative (DEC 2003)

3052.245-70 Government Property Reports (AUG 2008) "Deviation"

FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information

System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov .

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor‘s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under

Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O.

12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after

April 15, 2011, except past performance reviews, will be publicly available.

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies or services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through a period of one base year and four option years.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

http://www.ccr.gov/

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

(1) Any order for a single item in excess of ONE VESSEL;

(2) Any order for a combination of items in excess of ONE VESSEL; or

(3) A series of orders from the same ordering office within THIRTY (30) calendar days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) calendar days after issuance, with written notice stating the Contractor‘s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government‘s requirements do not result in orders in the quantities described as ―estimated‘‘ or ―maximum‖ in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor‘s and Government‘s rights and obligations with respect to that order to the same extent as if the order were completed during the contract‘s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the date of expiration.

FAR 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE

ITEM (MAR 1989) VARIATION

The Government may require the performance of the numbered line items, identified in the Schedule as option items, at the unit prices stated in the Schedule. The option quantities shown in the Schedule are estimates only.

The Government has the right to require performance of these items at the quantities deemed necessary.

Therefore, the Government may exercise an option item on more than one occasion during the contract performance period.