Solicitation_Shafts.docx

HSCG40-13-R-11003 Page of

USCG SHAFTS

PURCHASE

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

COMMANDANT (CG-9131)

U S COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

2100 2ND ST SW STOP 7112

WASHINGTON DC 20593-7112

The Ombudsman Hotline telephone number is 202.372.3695.

HSCG80-12-Q-XXXXXX Page 38 of 64

USCGC NAME OF VESSEL

DRYDOCK/DOCKSIDE REPAIRS

Commander U.S. Coast Guard Surface Forces Logistics Center

CPD-C&P1-PBPL

2401 Hawkins Point Road, M/S 25 Baltimore, MD 21226

REQUEST FOR PROPOSALS

HSCG40-13-R-11003

USCG SHAFTS PURCHASE

TABLE OF CONTENTS

DESCRIPTION

PAGE NUMBER

SF 1449, Solicitation/Contract/Order for Commercial Items Continuation of SF 1449 Statement of Work Contract Clauses FAR 52.212-4 Contract Terms and Conditions FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes and Executive Orders Contract Documents/Exhibits and/or Attachments Specification Number P-243-0211, Revision J (July 2012) Propulsion Shaft Purchase for 110’ WPB Attachment 1 Specification Number D-000-0100 (March 2006 Preparation for Delivery Attachment 2 Government Property Discrepancy Report Attachment 3 Subcontracting Report for Individual Contracts Attachment 4 Summary Subcontract Report Attachment 5 Disclosure of Lobbying Activities Attachment 6 Material Inspection and Receiving Report Attachment 7 Contractor Report of Government Property Attachment 8 Solicitation Provisions FAR 52.212-1 Instructions to Offerors FAR 52.212-2 Evaluation Commercial Items, or other Evaluation Factors for Award FAR 52.212-3 Representations and Certifications-Commercial Items

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2112402B4500FP016

2. CONTRACT NO.

HSCG40-13-D-11003

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG40-13-R-11003

6. SOLICITATION

ISSUE DATE

12/03/2012

Phyl’licia L. Dixon

b. TELEPHONE NUMBER (no collect calls)

(410) 762-6234-

8. OFFER DUE DATE/ LOCAL TIME

01/03/2013 4:30 p.m. EST

9. ISSUED BY CODE 75174

USCG Surface Forces Logistics Center Attn: Phyl’licia L. Dixon Contracting & Procurement Div. (C&P1-PBPL) 2401 Hawkins Point Road, M/S 25 Baltimore, MD 21226

E-mail: phyl’licia.l.dixon@uscg.mil

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT

TERMS

14. METHOD OF SOLICITATION

|_| RFQ |_| IFB |X| RFP

15. DELIVER TO CODE

SEE PLACE OF DELIVERY - DESTINATION

16. ADMINISTERED BY CODE

Same as block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

DUNS No.

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE

U.S. Coast Guard Yard P.O. Box 4122 Chesapeake, VA 23327-4122

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Purchase of 110’ WPB Shafts In accordance with this solicitation and attached specifications Quantity: Indefinite Delivery Requirements Contract

See attached Statement of Work

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

$0

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

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

KATHRYN STARK

31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

36. PAYMENT

|_| PARTIAL |_| FINAL

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

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

42 a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

CONTINUATION OF STANDARD FORM (SF) 1449 – BLOCKS 17a - 25

(1) Block 17a: Contractor shall include DUNS 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 SCHEDULE OF SUPPLIES/SERVICES BELOW.

(4) Block 25: ACCOUNTING AND APPROPRIATION DATA: To be included on contract award document.

QUANTITIES

The quantities shown for all CONTRACT LINE ITEM NUMBERS (CLINS) and each corresponding option year CLIN reflect estimated quantities only. See FAR Clause 52.216-21, Requirements, located within this contract on page 22.

EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized purchases actually made under this Contract. The quantities specified in this solicitation are only an estimate. The Government may order more or less depending on actual needs. Under this Contract the Government is not obligated to purchase any items.

DESCRIPTION OF WORK:

(a) The Contractor shall furnish all necessary labor, material, services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified, to manufacture shafts, in accordance with this solicitation and attached specifications.

(b) Failure to read the specifications in their entirety will 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. All proposals submitted in response to this solicitation shall stand firm for 120 calendar days from the response date of this solicitation.

ALL CONTRACTORS ARE RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR QUOTES/PROPOSALS.

REQUIRED DOCUMENTS:

Each offeror shall furnish the information required by the solicitation, which includes:

1. Signed SF 1449 with offeror’s address, DUNS and other information completed

2. Price Schedule filled out with a cost associated with each CLIN

3. Technical Proposal, including straightening procedure

4. Quality Assurance Plan

5. Past Performance Documentation

6. Address Where All Work Will Be Performed

7. Warranty Terms and Conditions

Only mailed proposals will be accepted. Faxed or e-mailed proposals will not be accepted.

PLEASE NOTE: PROPOSALS THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS MAY BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED

QUESTIONS AND REQUEST FOR DRAWINGS: The last day to request drawings or ask questions regarding this solicitation is 14 days prior to the closing date of this solicitation. After this date further requests may not be accepted due to time constraints. Keep in mind that any questions that are important, such as those that create needed changes to the specification, will still be addressed regardless of the time it was received. A determination will be made as to whether the change dictates an extension to the solicitation closing date and deadline for questions.

Contract Type: This solicitation will result in the award of one (1) firm fixed-price, requirements contract with one base year and four option years. Under requirements contracts, the Coast Guard will issue Delivery Orders (DOs) to the contractor. Orders may be issued by mail, e-mail, facsimile and orally (followed up in writing). All orders must be signed by the Contracting Officer.

Performance Period: The performance period for this requirement includes one base year and four option years. The base period of this contract will begin on date of award for a period of twelve months thereafter. The first year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the base year. The second year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the first option year. The third year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the second option year. The fourth year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the third option year.

SCHEDULE OF SUPPLIES/SERVICES AND PRICES/COSTS

SUPPLIES/SERVICES AND PRICES/COSTS FOR:

BASE YEAR

SUPPLIES/SERVICES AND PRICES/COSTS FOR:

OPTION YEAR 1

SUPPLIES/SERVICES AND PRICES/COSTS FOR:

OPTION YEAR 2

SUPPLIES/SERVICES AND PRICES/COSTS FOR:

OPTION YEAR 3

SUPPLIES/SERVICES AND PRICES/COSTS FOR:

OPTION YEAR 4

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

All components to be repaired under this contract shall be accomplished in accordance with the following:

a. Specification Number P-243-0211 Revision J, dated 07/2012, entitled “Propulsion Shaft Purchase Specification for 110 WPB” (Attachment 1).

b. USCG DWG, 110 WPB 243-006 Revision C, dated 04/23/2009, 110 WPB A, B & C Classes, 110’ Island Class Cutters Propulsion Shaft Details (Available Upon Request, Company must be listed in the Defense Logistics Agency Joint Certification Program database in order to receive drawing).

c. Specification Number D-000-0100 dated 03/2006, entitled “Bar Coding for U.S. Coast Guard Surface Forces Logistics Center Procured Material” (Attachment 2).

PACKAGING AND MARKING

PRESERVATION, PACKAGING AND MARKING

Each component shall be individually preserved, packaged and marked in accordance with Specification Number P-243-0211, Revision J dated 07/2012, entitled “Propulsion Shaft Purchase Specification for 110 WPB” (Attachment 1) and Specification Number D-000-0100 dated 03/2006, entitled “Bar Coding for U.S. Coast Guard Surface Forces Logistics Center Procured Material” (Attachment 2).

MARKING OF WARRANTED ITEMS

Pursuant to the requirements of FAR Part 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of the warranty. Markings may be brief but should include: (i) a brief statement that a warranty exists, (ii) the substance of the warranty, (iii) its duration, and (iv) who to notify if the supplies are found to be defective. For commercial items, the contractor’s trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies.

PACKING LIST

All material shipped or delivered to the U.S. Coast Guard, Surface Forces Logistics Center under this Contract must be accompanied by an itemized packing list that cites the proper contract and delivery order number. Each packing unit shall have a list of all items contained in that unit and a duplicate list shall be placed in a waterproof envelope securely attached to the outside of the package in a conspicuous place, but so located as to reduce the possibility of loss in shipping and handling.

NOTE

Failure to prepare for shipment any item, and/or mark all packages, boxes, crates, etc. as indicated herein shall result in rejection and return of the material at the contractor’s expense.

INSPECTION AND ACCEPTANCE

MATERIAL INSPECTION AND 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 700-21, Material Inspection and Receiving Report. The receiving report must include:

· An authorization number such as the contract/delivery order number

· Product or service description, including contractual documents line item number

· Quantities shipped (if applicable)

· Date(s) property or services were accepted

· Signature, printed name, title, telephone number and mailing address of the receiving official

One (1) copy of the DHS Form 700-21 shall be sent to the Contracting Officer upon shipment/delivery of any deliverable hereunder, clearly marked “Information Only.”

U.S. COAST GUARD INSPECTION (ORIGIN)

The contractor shall be responsible for the performance of all inspection requirements in accordance with Specification Number P-243-0211 Revision J, dated 07/2012, entitled “Propulsion Shaft Purchase Specification for 110 WPB” (Attachment 1).

Inspection shall take place at origin by a Government Quality Assurance (QA) representative. Contractor shall furnish to the Contracting Officer advance notification when the supplies or services furnished in accordance with this contract are ready for Government inspection. This advance notification may be made by e-mail and shall not be less than ten (10) calendar days prior to inspection. The contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, prior to QA Inspection.

Contractor shall maintain an inspection system that meets the requirements of ASQ-Q9001 and is available for review by the U.S. Coast Guard.

GOVERNMENT ACCEPTANCE (DESTINATION)

Final acceptance of the supplies or services furnished in accordance with this contract will be made at destination by a Government Representative. Acceptance shall be contingent upon the Representative's verification of no damage in transit, correctness and completeness of the order and the contractor’s conformance to preservation/packaging, packing and marking requirements.

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

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

REQUIRED DELIVERY SCHEDULE

P-243-0211 section 3.11.

* EA

55 calendar days from receipt of delivery order

U.S. Coast Guard Review

Five (5) calendar days after receipt of Final Inspection and Test Reports for Coast Guard Review

P-243-0211.

20 calendar days from approval of CLINs 0002 - 4002

* Quantity will be provided on each Delivery Order.

The Government will evaluate, 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 nonresponsive 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

P-243-0211 section 3.11.

____ calendar days from receipt of delivery order

U.S. Coast Guard Review

Five (5) calendar days after receipt of Final Inspection and Test Reports for Coast Guard Review

P-243-0211.

____ calendar days from approval of CLINs 0002 - 4002

* Quantity will be provided on each Delivery Order.

(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 considered nonresponsive and may be rejected.

(End of Clause 52.211-8)

PLACE OF DELIVERY - DESTINATION

(A) All Inspection Reports and other data submissions shall be delivered to the following address:

U.S. Coast Guard Surface Forces Logistics Center Contracting & Procurement Division (PBPL) Attn: Phyl’licia L. Dixon 2401 Hawkins Point Road, M/S 25 (Bldg. 705) Baltimore, MD 21226 M/F: Contract Number: {To be furnished at time of award} M/F: Delivery Order Number: {To be furnished with each delivery order}

(B) All supplies furnished in accordance with this contract shall be delivered to the following address:

U.S. Coast Guard Surface Forces Logistics Center Receiving Room - Bldg. 88 2401 Hawkins Point Road Baltimore, MD 21226 M/F: Contract Number: {To be furnished at time of award} M/F: Delivery Order Number: {To be furnished with each delivery order}

DELIVERY OF GOVERNMENT FURNISHED PROPERTY

The Government shall be responsible for providing delivery of all Government Furnished Property to the contractor’s facility. It is the contractor’s responsibility to provide F.O.B. Destination delivery of supplies furnished in accordance with this contract to the address for shipment provided in paragraph (B) above.

CONTRACT ADMINISTRATION

The Contracting Officer or authorized representative, located at the U.S. Coast Guard, Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226, shall be contract administrator for this contract Phyl’licia L. Dixon, Phone Number: (410) 762-6234.

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.

ADDRESS OF CORRESPONDENCE

All correspondence, except as otherwise specified, shall be delivered to the address below. This is also the Coast Guard activity authorized to issue Delivery Orders under this contract.

U.S. Coast Guard Surface Forces Logistics Center Contracting & Procurement Division (PBPL) Attn: Phyl’licia L. Dixon 2401 Hawkins Point Road, M/S 25 (Bldg. 705) Baltimore, MD 21226 M/F: Contract Number: {To be furnished at time of award} M/F: Delivery Order Number: {To be furnished with each delivery order}

INVOICING REQUIREMENTS - FIRM-FIXED PRICE CONTRACTS

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

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

U.S. Coast Guard Yard P.O. Box 4122 Chesapeake, VA 23327-4122 M/F: Contract Number: {To be furnished at time of award} M/F: Delivery Order Number: {To be furnished with each delivery order}

Failure to submit invoices directly to this office will delay prompt payment of your invoice. A copy of any invoice submitted for payment must also be forwarded to the Contracting Officer.

ELECTRONIC FUNDS TRANSFER

Any payment that we make to you will be made by electronic funds transfer unless you certify in writing that you do not have an account with a financial institution or an authorized payment agent.

INVOICE AND PAYMENT INFORMATION FOR CONTRACTORS

The Data Universal Numbering System (DUNS) number is the primary identifier in the Central Contractor Registration (CCR) System. Contractors are located and identified in CCR by their DUNS number. Therefore, to facilitate payment, it is in the contractor’s best interest to ensure that the DUNS number is recorded on every invoice submitted to the U.S. Coast Guard.

Effective January 01, 2002, all Coast Guard vendors must be registered in the CCR System in order to be awarded a contract. For more information on CCR and to register online, simply visit the System for Award Management (SAM) web site, http://sam.gov, or call the SAM Customer Service Federal Service Desk at (866) 606-8220.

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

(A) The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer’s Representative acting within the limits of their authority. A Contracting Officer’s Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

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

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding this invoice.

Name:

Title:

Address:

Phone Number:

GOVERNMENT REPRESENTATIVES

(A) The Government may, upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer’s Representative(s), Quality Assurance 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.

PAYMENT ADDRESS

Indicate below the address to which payment should be mailed if address is different from that stated in Block 17a of the SF 1449:

SF 1449 Block 17b Payment Address:

WITHHOLDING PAYMENT FOR NONDELIVRY OF DATA (APR 1984)

(a) If data or 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:

(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, not in lieu of, the sum withheld in accordance with this clause.

CONTRACTOR PERFORMANCE EVALUATION

(a) The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 30 days to respond to the SLFC’s assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system at https://www.cpars.csd.disa.mil.

(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.

(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.

FAR 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012)

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

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

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

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

SPECIAL CONTRACT REQUIREMENTS

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.

STANDARD COMMERCIAL WARRANTY

The Contractor agrees that the supplies and/or services furnished under this contract shall be covered by the most favorable warranties the Contractor gives to any customer for such supplies and services and by the rights and remedies provided to the Government by law or by any other clause of this contract.

If the item(s) required in the contract resulting from this solicitation are customarily warranted in the trade by a standard commercial warranty, such warranty shall be incorporated into this contract and thereby provided to the Government at no additional cost. Any standard commercial warranty provided shall be identical to the standard commercial warranty normally offered by the Contractor to the Contractor's most favored customers.

Offerors are requested to state the terms and conditions of their Standard Commercial Warranty in the space provided below and attach a copy of the warranty terms with their offer.

Standard Commercial Warranty Terms & Conditions:

If the contractor’s organization as standard practice in the sale of these items issues a certificate of warranty setting forth the terms and conditions of their Standard Commercial Warranty, any contract resulting from this solicitation shall require the contractor to submit said certificate with each unit.

ORAL ORDERING

Orders may be placed orally by the Contracting Officer, by giving the Contractor an authorized Delivery Order Number, Contract Line Item Number (CLIN) and a funding limitation. Written confirmation of the oral order shall be forwarded to the Contractor no later than five (5) days after its issuance.

INDIVIDUALS AUTHORIZED TO PLACE ORDERS

The U.S. Coast Guard, Surface Forces Logistics Center, Contracting and Procurement Division, Contracting and Procurement Section 1, Patrol Boat Product Line is the only contracting office authorized to place orders against this Contract. The individuals located at this contracting office that can authorize orders are: Kathryn Stark, Contracting Officer; Louis Romano, Contracting Officer, Susan Kreider, Contracting Officer and Walter Mack, Contracting Officer. Each delivery order will be individually funded.

GOVERNMENT FURNISHED PROPERTY

The Government shall provide only that property set forth, notwithstanding any terms or conditions of the specification to the contrary. All property provided to the Contractor by the Government under this contract shall be subject to the “Government Property Fixed-Price Contracts” clause of this contract.

GFP furnished under this contract shall be:

ADDRESS FOR SHIPMENT OF GOVERNMENT FURNISHED PROPERTY

Company Name:

Street Address:

City, State Zip Code:

DISPOSITION OF GOVERNMENT FURNISHED PROPERTY/DATA

Each component, 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 until it is returned to the U.S. Coast Guard, Surface Forces Logistics Center and accepted by the Contracting Officer or an authorized representative.

GOVERNMENT FURNISHED PROPERTY DISCREPANCY REPORT

REPORT OF NONCONFORMING/DISCREPANT GOVERNMENT FURNISHED MATERIALS (Attachment 3)

(A) Should any items provided as government furnished property under this contract/order fail to conform to the requirements of the contract/order, the contractor shall submit this discrepancy online at the following web site: http://www.uscg.mil/SFLC/procsdr.asp within ten (10) calendar days after receipt of the government furnished property or discovery of missing items. A sample of this form found online is included as Attachment 3. Questions in regards to this form shall be directed to the Contracting Officer or Contract Administrator.

(B) Upon receipt of this discrepancy report, the Contracting Officer/Contract Administrator shall provide disposition instructions to the contractor no later than ten (10) calendar days after receipt of the report.

(C) Reports of discrepancy shall be distributed as follows: a copy shall be retained in the official acquisition file and the item manager will receive a copy for action.

CONTRACT DEFICIENCY REPORT:

The Contracting Officer or Contracting Officer’s Technical Representative (COTR) may issue a Contract Deficiency Report (CDR). 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, and the item manager. The Contracting Officer will render a final determination and provide it to the Contractor and COTR in writing.

CONTRACT CLAUSES

The following contract clauses apply to this acquisition. If the full text of a clause is not provided, it is incorporated herein by reference.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FEB 2012) ADDENDUM

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the PBPL Section Chief, Contracting & Procurement Division, Contracting & Procurement Branch 1 and shall not be binding until so approved.

FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

(End of Provision 52.209-7)

FAR 52.216-18 – ORDERING (OCT 1995)

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

(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 only if authorized in the Schedule.

(End of Clause 52.216-18)

FAR 52.216-19 – ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) Propulsion Shaft, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of fifteen (15) Propulsion Shafts.

(2) Any order for a combination of items in excess of fifteen (15) Propulsion Shafts or

(3) A series of orders from the same ordering office within thirty (30) 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) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause 52.216-19)

FAR 52.216-21 – REQUIREMENTS (OCT 1995) ALTERNATE I (APR 1984)

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

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

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

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

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract,…