HSCG40-15-Q-P30035_USCG_ANT_COLFAX_(ANB_643503).pdf

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 cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government.

The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

Department of Homeland Security United States Coast Guard (CG-91)

Ombudsman Program for Agency Protests Email: OPAP@uscg.mil

Fax: 202-372-8447 Phone: 202-475-5786

USCG Surface Forces Logistics Center

Contracting and Procurement Division 300 East Main Street, Suite 550

Norfolk, VA 23510-9111

REQUEST FOR QUOTATION

HSCG40-15-Q-P30035

FOR

64’ AIDS TO NAVIGATION (ANB)

2015 DRYDOCK REPAIRS

TABLE OF CONTENTS

DESCRIPTION PAGE NUMBER

SF 1449, Solicitation/Contract/Order for Commercial Items 1 - 6 Continuation of SF 1449

Contract Clauses FAR 52.212-4 Contract Terms and Conditions Addendum 7 - 16 FAR 52.212-5 Contract Terms and Conditions Required to Implement 17 - 26 Statutes and Executive Orders

Contract Documents/Exhibits and/or Attachments 64’ Specification 2015 Drydock Repair (30 September 2014/Rev 0) See Separate Attachment

Solicitation Provisions FAR 52.212-1 Instructions to Offerors Addendum 27 - 29 FAR 52.212-2 Evaluation Commercial Items 29 - 31 FAR 52.212-3 Representations and Certifications-Commercial Items 32 - 49

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2115405P30009

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG40-15-Q-P30035

6. SOLICITATION

ISSUE DATE

10/17/2014

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Janet Delaney

b. TELEPHONE NUMBER (no collect calls)

(757) 628-4353

8. OFFER DUE DATE/

LOCAL TIME

11/14/2014 at 12:00 p.m., EST

9. ISSUED BY CODE 75174

USCG Surface Forces Logistics Center Attn: Michael G. Davis, SFLC–CPD-C&P3-SBPL 300 E Main Street, Suite 550 Norfolk, VA 23510-9111

E-mail: janet.m.delaney@uscg.mil Fax:

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 D0-N5

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Description of Supplies/Services

16. ADMINISTERED BY CODE

Michael G. Davis, Contracting Specialist

(757) 628-4937 janet.m.delaney@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

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

The Contractor shall furnish all necessary labor, materials, services, facilities and such other things as are necessary to perform Dyrdock repairs and alterations to the 64 FOOT AIDS TO

NAVIGATION BOAT 2015 DRYDOCK REPAIR,

all in exact accordance with this solicitation and the attached specifications.

25. ACCOUNTING AND APPROPRIATION DATA

To be funded by individual task orders

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

CONTRACT

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 (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

JANET DELANEY

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 3/2005) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212 mailto:janet.m.delaney@uscg.mil

19.

ITEM

NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

All work is to be performed in accordance with USCG 64’ AIDS TO

NAVIGATION BOAT 2015 DRYDOCK REPAIR SPECIFICATION

dated September 30, 2014 / Rev 0.

Work covered by this contract shall be completed within One Hundred and Twenty-One (121) calendar days from the date the vessel becomes available to the contractor.

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK

NUMBER

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)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL

CONTAINERS

STANDARD FROM 1449 (REV. 3/2005) BACK

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64’AIDS TO NAVIGATION BOAT (ANB)

2015 DRYDOCK REPAIR

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.sam.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.

REQUEST FOR CLARIFICATION:

Any Contractor’s Requests for Clarifications shall be answered via amendment to the solicitation and shall be received no later than Oct 31, 2014 at 12:00 p.m. Eastern Standard Time.

All quotes shall be submitted via email to janet.m.delaney@uscg.mil . An offeror not able to submit via email must notify the Contracting Officer Janet M. Delaney 48 hours prior to the closing date. Offerors may contact Janet M. Delaney at (757) 628-4353 or via email janet.m.delaney@uscg.mil for information regarding this solicitation.

ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about Nov 30, 2014. Work covered by this solicitation shall be completed within One Hundred and Twenty-One (121) calendar days from the date the vessel becomes available to the contractor. The availability is scheduled to start on or about January 09, 2015. An arrival conference normally will be held within 48 hours of the scheduled start date. Vessels being drydocked shall be in drydocked within seventy-two

(72) hours of delivery.

DESCRIPTION OF WORK:

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 dry-docking repairs and alterations to the vessel, in accordance with this solicitation and attached specifications.

Failure to read the specifications in its 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 responsible sources may submit a quotation, which if timely received, shall be considered by the Agency. Companies must have valid DUNS number and be registered with System for Award Management (SAM) www.sam.gov and shall provide the company Tax Information Number (TIN) with their offer.

Each Offeror shall furnish the information required by the solicitation.

http://www.sam.gov/ http://www.sam.gov/

HSCG40-15-Q-P30035 Page 4 of 49

GEOGRAPHIC RESTRICTION: Per U. S. Coast Guard Lant Area Instruction 3100.1D, the vessel is restricted to an area no greater than 350 nautical miles from the ANB’s home station, on navigable waterways and no open water transits.

SCHEDULE OF SUPPLIES/SERVICES: See Schedule of Supplies and Services. Definite Contract Line Items are marked as “D” for Definite. Option Contract Line Items are marked “O” for Optional. Insert unit prices in all items listed in the Schedule unless “NSP” is printed in the Unit Price column for any item. “NSP” in the section means “Not Separately Priced.”

CLIN

DESCRIPTION

UNIT

PRICE

UNIT

QTY

EXTENDED

PRICE

D-001 General Welding , Provide 1 JOB

D-002 Hull Plating (U/W Body), Ultrasonic Testing 1 JOB

D-003 Voids (Non-Accessible), Leak Test 1 JOB

D-004 Tanks (MP Fuel Service), Clean and Inspect 1 JOB

D-005 Accessible Spaces, Inspect 1 JOB

D-006 Tanks (Ballast), Clean and Inspect 1 JOB

D-007 Voids (Accessible), Clean and Inspect 1 JOB

D-008 Mast, Inspect 1 JOB

D-009 Propeller Shafts, Remove, Inspect and Install 1 JOB

D-010 Water Lubricated Shaft Bearings, Renew 1 JOB

D-011 Propellers, Remove, Inspect, and Reinstall 1 JOB

D-012 Grid Coolers, Clean, Inspect and Hydro 1 JOB

D-013 Exhaust Muffler, Clean and Inspect 1 JOB

D-014 Main Engine and Ship Service Generator Uptakes, Clean and Inspect 1 JOB

D-015 Sea Valves, Renew 1 JOB

D-016 Diesel Tank, Refuel 1 JOB

D-017 Fuel Valves, Overhaul or Renew 1 JOB

HSCG40-15-Q-P30035 Page 5 of 49

D-018 Steering Hydraulic Oil Tank, Clean and Inspect 1 JOB

D-019 Rudder, Remove, Inspect and Reinstall 1 JOB

D-020 Chain Stopper, Overhaul 1 JOB

D-021 Spuds and Spud Wells, Inspect and Preserve 1 JOB

D-022 Sewage Vacuum Collection Tanks, Clean and Inspect 1 JOB

D-023 Hull Plating Freeboard, Preserve -“100%” 1 JOB

D-024 Cathodic Protection Zincs, Renew 1 JOB

D-025 Marine Chemist Services, Provide 1 JOB

D-026 Drydocking 1 JOB

D-027 Temporary Services, Provide 1 JOB

D-028 Sea Trial Performance, Support, Provide 1 JOB

D-029 Hoses, Renew 1 JOB

D-030 Fixed CO2 FF Bottles, Inspect and Hydrostatic Test 1 JOB

D-031 Buoy Handling System Maintenance, Level 2, Perform 1 JOB

D-032 Cargo Handling Fittings, Inspect 1 JOB

D-033 Spud Winches, Inspect & Service 1 JOB

D-034 Decks – Exterior (Buoy), Preserve 100 Percent 1 JOB

D-035 Potable Water Tanks Renew 1 JOB

D-036 U/W Body, Preserve 100% 1 JOB

O-037 Composite Labor Rate 1 HOUR

O-038 Lay Days 1 DAY

D-039 GFP (NSP) NSP NSP NSP NSP

HSCG40-15-Q-P30035 Page 6 of 49

64’AIDS TO NAVIGATION BOAT

2015 DRYDOCK REPAIR

PRICE TOTALS

Insert individual prices on Schedule of Supplies/Services. Insert totals of extended prices as indicated below:

Total Definite Item CLINS: $___________

Composite Labor: $ ___________

Lay Days: $___________

TOTAL: $ _____________

HSCG40-15-Q-P30035 Page 7 of 49

CONTRACT CLAUSES

(1) FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (May 2014)

ADDENDUM

(2) 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://farsite.hill.af.mil/vffara.htm

FAR 52.204-7 System for Award Management Registration (DEVIATION) (JUL 2013) FAR 52.211-15 Defense Priority and Allocation Requirements (APR 2008) FAR 52.215-5 Facsimile Proposal (Oct 1997) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995) FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.242-2 Production Progress Reports (APR 1991) FAR 52.245-1 Government Property (APR 2012) FAR 52.245-9 Use and Charges (APR 2012) HSAR 3052.211-70 Index for Specifications (DEC 2003) HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003) HSAR 3052.217-91 Performance (DEC 2003) HSAR 3052.217-92 Inspection and Manner of Doing Work (DEC 2003) HSAR 3052.217-93 Subcontracts (DEC 2003) HSAR 3052.217-94 Lay Days (DEC 2003) HSAR 3052.217-95 Liability and Insurance (DEC 2003) HSAR 3052.217-96 Title (DEC 2003) HSAR 3052.217-97 Discharge of liens (DEC 2003) HSAR 3052.217-98 Delays (DEC 2003) HSAR 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (DEC 2003) HSAR 3052.217-100 Guarantee (JUN 2006) HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC

2003) HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003) HSAR 3052.223-90 Accident and Fire Reporting (DEC 2003)

(3) 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. The Contracting Officer will provide initial notification of the exercise of an

HSCG40-15-Q-P30035 Page 8 of 49

2015 DRYDOCK REPAIR

option either verbally, by facsimile, or both. When time is of essence initial notification will be provided verbally followed within 24 hours by a facsimile of confirmation. A contract modification will be executed shortly thereafter to include those options wherein exercise notification was provided. Such options may be exercised at any phase during the contract performance period as stated herein, or any extension of the performance period. To maintain the contract performance period the Contractor shall commence performance of an option item immediately upon receiving initial notification; but, not later than 24 hours thereafter, unless proper sequencing of the work requires a delay in beginning performance of the option. In that case, the option item shall be commenced as soon as proper sequencing permits. The exercise of any option item listed in the Schedule will not normally extend the contract performance period. However, the Contracting Officer may consider a request by the contractor for contract extension if an option is exercised after 50% of the contract performance period has expired.

(4) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES –

APPLICABLE LICENSES AND PERMITS (JUN 2006)

The Contractor shall have all licenses and permits required by Federal, State, and local laws to perform hazardous substances(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall be requisite licenses and permits within fifteen (15) days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

(End of Clause)

(5) 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.

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2015 DRYDOCK REPAIR

(6) 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 shall insure 2 (two) additional feet below minimum water depth at the pier per SFLC Standard Specification 0000 section 3.3.2.1.1.

(7) 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.

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

(8) 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.

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2015 DRYDOCK REPAIR

(9) 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.

(10) INSPECTIONS

Except as specified elsewhere, 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.

(11) 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.

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(12) 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 and its discretion during performance of the contract. The inclusion of this item does not obligate the Government to exercise the item nor entitle the contractor to compensation if not exercised.

(13) MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT PROPERTY IN THE

PERFORMANCE OF A SHIP REPAIR CONTRACT

1. 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, a) 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, b) property that is pre-existing in a location that during the course of performance will be replaced or renewed.

2. 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, HSCG40-15-Q-P30035 Page 12 of 49

2015 DRYDOCK REPAIR

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.

3. 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.

4. 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.

(14) 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 price to cover any increase in cost incurred as a result thereof.

(15) 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

HSCG40-15-Q-P30035 Page 13 of 49

Timeliness of Performance

Contractor Manager/Principal Investigator

Business Relations

Overall Comment

Each area will be evaluated using the following adjectival scale: EXCEPTIONAL, VERY GOOD, SATISFACTORY, MARGINAL, and UNSATISFACTORY.

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, SFLC, 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.

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2015 DRYDOCK REPAIR

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.

(16) 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.

(a) Each invoice shall contain the following information:

(1) Name and Address of the contractor

(2) Contract or Delivery/Task Order Number/Modification No.

(3) Vessel name

(4) Name of the Contract Specialist or Contracting Officer

(5) Description, quantity, unit of measure, unit price and extended price

(6) Percentage of completion for each CLIN identified

(7) Shipping and Payment Terms

(8) Invoice Routing Code (IRC) assigned by the Coast Guard

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(9) Annotate on the invoice indicating that the contractor represents a small business for accelerated payment purposes.

(10) Data Universal Numbering System (DUNS) number

The Data Universal Numbering System (DUNS) number is the primary identifier in the System for Award Management (SAM), Contractors are located and identified in SAM by their Duns number. Therefore, to facilitate payment, the DUNS number shall be recorded on every invoice submitted to the US Coast Guard.

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 subsequent agreement.

All items of work invoiced under this contract will be verified by the designated billing office and confirmed by the Contracting Officer’s Representative (COR) 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.

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 WITHELD UNTIL ALL

DELIVERABLES, REQUIRED BY THE CONTRACT, ARE RECEIVED AND ACCEPTED.

(b) The Coast Guard unique Invoice Routing Code (IRC) for this contract or delivery/task order is:

SFLC-3

(c) Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference:

(1) FINCEN Website invoice receipt form:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(2) Fax: (757-523-6900)

(3) Mailed to: Commercial Invoices

U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326

(d) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe.pdf formatted file, or as otherwise specified in the contract.

(a) Supporting documentation along with a courtesy copy of the invoice may also be e-mailed to the

Contract Specialist at the following address: michael.g.davis@uscg.mil.

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

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(f) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web based submission by the contractor and receipt confirmation does not reflect

Government review or acceptance of the invoice.

(5) Payment inquiries and status may be obtained - at the following website:

https://www.fincen.uscg.mil/secure/payment.htm.

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: __________________________

https://www.fincen.uscg.mil/secure/payment.htm

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(End of FAR 52.212-4 Addendum)

(17) FAR 52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (Jul 2014)

(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) (Public Laws 108- 77, 108-78 (19 U.S.C. 3805 note)).

(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:

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

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_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub.

L. 110-161).

___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (13) [Reserved]

_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

644).

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

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

_X__ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

HSCG40-15-Q-P30035 Page 19 of 49

_X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X__ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X__ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (32) 52.222-35, Equal Opportunity for Veteran (Jul 2014) (38 U.S.C. 4212).

_X__ (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

_X__ (34) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

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___ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain…