Prop_overhaul.doc

HSCG40-13-R-19004

PROPELLER OVERHAUL/REPAIR

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.

DESCRIPTION

PAGE(S)

Standard Form 1449 (SF1449)

Table of Contents

Addendum to Standard Form 1449:

Blocks 19 – 24, Schedule of Supplies/Services

Contract Line Items

6-9 Descriptions/Specifications/Statement of Work

Packaging and Marking

Inspection and Acceptance

Contract Administration

Special Contract Requirements

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

Commercial Items

FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement

Statutes or Executive Orders – Commercial Items

List of Attachments

Addendum to FAR Provision 52.212-1, Instructions to Offeror’s –

FAR 52.212-2, Evaluation – Commercial Items

FAR Clause 52.212-3, Offeror Representations and Certifications –

CONTINUATION OF 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.

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 perform propeller overhauls 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 60 calendar days from the response date of this solicitation.

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

Mailed or hand delivered proposals will be accepted. Faxed and e-mail proposals are not preferred.

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

Contract Type: This solicitation will result in the award of one or more firm fixed price IDIQ contracts. Under those contracts, the Coast Guard will issue task orders to the contractor(s). Orders may be issued by mail, e-mail, facsimile, and orally (followed up in writing).

Minimum Guarantee: The minimum guarantee for each IDIQ contract is two (2) propeller repairs.

Maximum Guarantee: The maximum guarantee dollar value for each awarded contract under the solicitation is not to exceed $750,000.

FAIR Opportunity Considerations: Once contract award has been made, Task Orders will be solicited in a very informal manner. When it has been determined that a requirement is needed by the Coast Guard all contractors that have received an award against this solicitation will be provided the following in an email to compete for each task order:

1. Price Schedule

2. Specification

3. Response Date

4. Any Miscellaneous information that may be relevant to particular orders (place of delivery .etc)

Price will be the lone evaluation factor for each order. The Government will notify the IDIQ contractors on individual task order solicitations in cases where factors other than price will be considered. Any proposals that are received after the response date for each order will not be considered.

Performance Period: The performance period for this requirement will begin on 12/30/2012 and continue for 12 consecutive months ending on 12/29/2013. The performance period for a task order issued under this contract shall not exceed 12 months after expiration of the contract.

EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized purchases actually made under this Contract. The quantities specified on 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 other than fulfilling the guaranteed minimum.

INDIVIDUALS AUTHORIZED TO PLACE ORDERS

The U.S. Coast Guard Surface Forces Logistics Center, CPD C&P1, Patrol Boat Product Line, is the only contracting office authorized to place orders against this Contract. These Individuals will be Kathryn Stark, Contracting Officer; Susan Kreider, Contracting Officer; Lou Romano, Contracting Officer; SKC Tisha Auricchio, Contracting Officer; Nancy Brinkman, Contracting Officer; and Walter Mack, Contracting Officer.

SUPPLIES OR SERVICES AND PRICES/COSTS

CLIN 0001 For Approval, welding procedures, welding qualification report and welder qualification records certified in accordance with American Society of Mechanical Engineers (ASME), Section IX, 2008, Qualifications Standard for welding and brazing, and welding and brazing operators per SFLC STD Spec 0740 per R-245-0076, section 3.6.

1 Each = Not Separately Priced

CLIN 0002 For approval, Quality Assurance Plan in accordance with specification R-245-0076, section 4.1.

1 Each = Not Separately Priced CLIN 0003 For review, (CFR) GFE Inspection Report in accordance with specification R-245-0076, section 3.2.2.b

CLIN 0004 For approval, Test and Inspection Plan in accordance with specification R-245-0076, section 3.3.

CLIN 0005 2010-01-222-2440, Left Hand Propeller Type-1 – Labor to inspect the condition of the shipping container, un-crate the propeller, and inspect the Hub Bore; prepare and submit Condition Found Report in accordance with specification R-245-0076, section 3.5.

NUMBER LOADED SHOP UNIT EST. NO. TOTAL

OF HOURS X LABOR RATE = PRICE X OF UNITS = PRICE

_________ X ______________ = ______ X 30 = _________ CLIN 0006 Condition Found Report for approval as stated in CLIN 0005

1 Each = Not separately priced

CLIN 0007 2010-01-222-2440, Left Hand Propeller Type-1 – Labor to inspect the condition of the propeller and prepare and submit the pre-repair inspection report for approval. This is required for each Left Hand Propeller inducted for repair in accordance with specification R-245-0076, section 3.9.

NUMBER LOADED SHOP UNIT EST. NO. TOTAL

OF HOURS X LABOR RATE = PRICE X OF UNITS = PRICE

CLIN 0008 Pre-repair inspection report for approval as stated in CLIN 0007

CLIN 0009 Furnish necessary labor to prepare for shipment and re-crate any Left Hand Propeller that is determined by the Coast Guard Contract Administrator to be beyond economical repair in accordance with specification R-245-0076, section 3.9.2.

NUMBER LOADED SHOP UNIT EST. NO. TOTAL

OF HOURS X LABOR RATE = PRICE X OF UNITS = PRICE

_________ X ______________ = ______ X 1 = _________

CLIN 0010 Cost to complete overhaul of each Left Hand Propeller inducted for repair. This price shall include overhaul, inspection, testing, test reports, preserving, packaging and marking of the propeller in accordance with specification R-245-0076.

NUMBER LOADED SHOP UNIT EST. NO. TOTAL

OF HOURS X LABOR RATE = PRICE X OF UNITS = PRICE

CLIN 0011 Final inspection and test report with photographs, for approval in accordance with specification R-245-0076, sections 3.17 and 3.18.

CLIN 0012 2010-01-222-2441, Right Hand Propeller Type-1 – Labor to inspect the condition of the shipping container, un-crate the propeller, and inspect the Hub Bore; prepare and submit Condition Found Report in accordance with specification R-245-0076, section 3.5.

NUMBER LOADED SHOP UNIT EST. NO. TOTAL

OF HOURS X LABOR RATE = PRICE X OF UNITS = PRICE

CLIN 0013 Pre-repair inspection report for approval as stated in CLIN 0012

CLIN 0014 2010-01-222-2441, Right Hand Propeller Type-1 – Labor to inspect the condition of the propeller and prepare and submit the pre-repair inspection report for approval. This is required for each Right Hand Propeller inducted for repair in accordance with specification R-245-0076, section 3.9.

NUMBER LOADED SHOP UNIT EST. NO. TOTAL

OF HOURS X LABOR RATE = PRICE X OF UNITS = PRICE

CLIN 0015 Pre-repair inspection report for approval as stated in CLIN 0014

CLIN 0016 Furnish necessary labor to prepare for shipment and re-crate any Right Hand Propeller that is determined by the Coast Guard Contract Administrator to be beyond economical repair in accordance with specification R-245-0076, section 3.9.2.

NUMBER LOADED SHOP UNIT EST. NO. TOTAL

OF HOURS X LABOR RATE = PRICE X OF UNITS = PRICE

_________ X ______________ = ______ X 1 = _________

CLIN 0017 Cost to complete overhaul of each Right Hand Propeller inducted for repair. This price shall include all testing, test reports, preserving, packaging and marking of the propeller in accordance with specification R-245-0076.

NUMBER LOADED SHOP UNIT EST. NO. TOTAL

OF HOURS X LABOR RATE = PRICE X OF UNITS = PRICE

CLIN 0018 Final inspection and test report with photographs, for approval in accordance with specification R-245-0076, sections 3.17 and 3.18.

CLIN 0019 Monthly Cumulative Tracking Report.

CLIN 0020 Government Property Report.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The propellers overhauled under this contract shall be accomplished in accordance with the following specifications:

a. Specification Number R-245-0076, dated 5/12, entitled Propeller Overhaul Specification for 110 ft. WPB Patrol Boats (Attachment 1).

b. Specification number D-000-100 REV G, dated 02/06, entitled “Bar Coding for US Coast Guard Surface Forces Logistics Center Material.” (See Attachment 2), PACKAGING AND MARKING

PRESERVATION, PACKAGING AND MARKING

Each propeller shall be individually preserved, packaged and marked in accordance with Specification Number R-245-0076 dated 5/12, entitled “Propeller Overhaul Specification for 110 ft WPB Patrol Boats”; and Specification number D-000-100 REV G, dated 02/06, entitled “Bar Coding for US Coast Guard Surface Forces Logistics Center Material.”.

MARKING OF WARRANTED ITEMS

Pursuant to the requirements of FAR 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 (1) a brief statement that a warranty exists; (2) the substance of the warranty; (3) its duration; and (4) whom 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 attached to the outside of the package in a waterproof envelope securely attached in a conspicuous place, but so located as to reduce the possibility of loss in shipping and handling.

NOTE

Failure to prepare for shipment any item, and/or mark all packages, boxes, etc. as indicated herein shall result in rejection of the shipment and return of the shipment 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 R-245-0076 dated 5/12, entitled Propeller Overhaul Specification for 110 ft. WPB Patrol Boats (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 repaired components are ready for Government inspection. This advance notification may be made by telephone and shall not be less than seven (7) calendar days prior to inspection.

Contractor shall provide and maintain an inspection system acceptable to the Government.

GOVERNMENT ACCEPTANCE (DESTINATION)

Final acceptance shall be made by a Government representative at destination. Acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the preservation, packaging and marking requirements of Specification Number R-245-0076 dated 5/12, entitled Propeller Overhaul Specification for 110 ft. WPB Patrol Boats (Attachment 1) and Specification number D-000-100 REV G, dated 02/06, entitled “Bar Coding for US Coast Guard Surface Forces Logistics Center Material.” (Attachment 2).

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

For Approval

U.S. Coast Guard review

As needed

**NOTE: PARTIAL SHIPMENTS SHALL BE ACCEPTED**

The Government will evaluate, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above, may be considered unacceptable and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

For Approval

U.S. Coast Guard review

As needed

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award of 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 date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays). If, as so computed, the offered delivery date is later than the required delivery date, the offer may be determined unacceptable and may be rejected.

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

Attn: Walter A. Mack Jr., Contract Specialist

Mail Stop #26, Bldg. 705

2401 Hawkins Point Road

Baltimore, MD 21226-5000

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

(B) All components shall be delivered to the following address:

Receiving Room – Bldg. 88

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 overhauled accessories to the address provided in paragraph (B) above.

CONTRACT ADMINISTRATION

ADDRESS OF CORRESPONDENCE

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

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 21226-5000, shall be contract administrator for this contract – Walter A. Mack Jr., (410)762-6162

INVOICING REQUIREMENTS – FIRM-FIXED PRICE CONTRACTS

(a) All information set forth in FAR Clause 52.235-25, 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 the time of award}

M/F: Delivery Order Number: {To be furnished upon issuance of 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 Systems (DUNS) number is the primary identifier in the Central Contractor Registration (CCR). Contracts are located and identified in CCR by their DUNS number. Therefore, to facilitate payment, it is in the contractor’s best interest to ensure that the DUNS number is recorded on every invoice submitted to the U.S. Coast Guard.

Effective 01 January 2002, all Coast Guard vendors must be registered in Central Contractor Registration (CCR) System in order to be awarded a contract. For more information on CCR and to register online, simply visit the CCR web site: http://www.ccr.gov or call the Coast Guard Finance Center Customer Service line at (757) 523-6940.

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 ground 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: ______________________________

Telephone 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), 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.

PAYMENT ADDRESS

Indicate below the address to which payment should be mailed if address is different from that stated in Block 15 of the Standard Form 1449:

CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR)

(a) GENERAL: 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.

(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.

(End of clause)

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.

COMMERCIAL WARRANTY

The Contractor agrees that the supplies 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 that the rights and remedies provided to the Government by law or by any other clause of this contract.

If the item(s) required in a 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. If a Standard Commercial Warranty is not applicable, state "none"

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 to the Contracting Officer, upon delivery of these items, said certificate.

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 not later than five (5) days after its issuance.

COAST GUARD ACTIVITY AUTHORIZED TO PLACE ORDERS

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

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

Firm Name: __________________________________________________

Street Address: _______________________________________________

City, State, Zip Code: __________________________________________

DISPOSITION OF GOVERNMENT FURNISHED PROPERTY/DATA

Each Accessory, 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 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 complete and return the attached form regarding discrepancies about any government furnished property to the Contracting Officer within 10 calendar days after receipt of the items. The report may be generated electronically provided there is no change to the name, content and sequence of the data elements. The electronically generated form may be sent to the Contracting Officer via electronic transmission.

(b) Upon receipt of the Report of Discrepancy, the Contracting Officer, as the Property Administrator, shall provide disposition instructions to the contractor within 10 calendar days after receipt of the report.

(c) Reports of discrepancy shall be distributed as follows; a copy retained for the official acquisition file, the item manager will receive a copy for action.

GOVERNMENT FURNISHED EQUIPMENT

The listed items are property of and managed by the USCG Surface Forces Logistics Center, Baltimore, MD and will be released to the contractor upon award.

GFE furnished under this contract shall be:

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

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS ADDENDUM

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Branch Chief, CPD, C&P1 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 at http://www.ccr.gov (see 52.204-7).

(End of provision)

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 contract award through final option period and expiration of 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)

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 $100, 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 $250,000;

(2) Any order for a combination of items in excess of $250,000; or

(3) A series of orders from the same ordering office within 3 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 3 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)

52.216-22 -- Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 expiration of the contract.

(End of Clause) 52.216-27 -- Single or Multiple Awards. (Oct 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of Provision) 52.217-8 -- Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to contract expiration.

(End of Clause)

FAR 52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of Clause)

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term “f.o.b. destination,” as used in this clause, means—

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall—

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract.

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

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 this address: http://www.arnet.gov/far/index.html

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Aug 2012)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and…