87'_SHAFT_HSCG40-15-R-19008_V1.doc

PAGE

Commander

U.S. Coast Guard

Surface Forces Logistics Center

CPD-C&P1-PBPL

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

REQUEST FOR PROPOSAL

HSCG40-15-R-19008

MANUFACTURE AND REPAIR OF 87’ PROPULSION SHAFTS

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2115405B4500AK002

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG40-15-R-19008

6. SOLICITATION

ISSUE DATE

12/19/14

b. TELEPHONE NUMBER (no collect calls) 410-762-6053

8. OFFER DUE DATE/ LOCAL TIME: Jan 20, 2015 2:00 pm EST

9. ISSUED BY CODE:

USCG Surface Forces Logistics Center Contracting & Procurement Div. (C&P1-PBPL)

2401 Hawkins Point Road, M/S 25

Baltimore, MD 21226

10. THIS ACQUISITION IS

FORMCHECKBOX

UNRESTRICTED OR

FORMCHECKBOX

SET ASIDE 100% FOR:

FORMCHECKBOX

SMALL BUSINESS EMERGING SMALL

HUBZONE SMALL BUSINESS

BUSINESS

8(A)

SERVICE DISABLED VETERAN-

OWNED SMALL BUSINESS

NAICS: 332710 SIZE STANDARD: 500

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

12. DISCOUNT

TERMS

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13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING DO-N5

14. METHOD OF SOLICITATION

RFP IFB RFQ

15. DELIVER TO CODE

SEE SCHEDULE

16. ADMINISTERED BY CODE

DANA SOLOMON

CONTRACT SPECIALIST

Phone: 410-762-6053 Email Dana.D.Solomon@uscg.mil

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE U.S. Coast Guard Yard

P.O. Box 4122

Chesapeake, VA 23327-4122

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

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.

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

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

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 3/2005) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.21

NOTICE FOR FILING AGENCY PROTESTS

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

More information about the Ombudsman Program for Agency Protests (OPAP) can be found at http://www.uscg.mil/acquisition/business/ombudsman.asp Alternative Point of Contact:

Contracting Officer

Shavonda Jamison, 300 E. Main St, STE 600, Norfolk, VA 23510; Shavonda.jamison @uscg.mil; (757) 441-7036.

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

(1) Block 17a: Contractor shall include DUNS number.

(2) Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in the System for Award Management (SAM). To receive award Contractor must be registered in SAM, http://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.

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 (1) manufacture 87’propulsion shafts; and (2) repair 87’ propulsions shafts in accordance with this solicitation and attached specifications.

(b) Failure to read the specifications in their entirety will not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offeror 's risk. All proposals submitted in response to this solicitation shall stand firm for 120 calendar days from the response date of this solicitation.

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

REQUIRED DOCUMENTS:

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

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

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

3. Technical Proposal, including straightening procedure

4. Quality Assurance Plan

5. Past Performance Documentation

6. Address Where All Work Will Be Performed

7. Warranty Terms and Conditions

Only mailed or hand delivered proposals will be accepted. Faxed and e-mail proposals will not be accepted.

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

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

CONTRACT TYPE

This solicitation will result in the award of one (1) firm-fixed price requirements contract. Under this contract, the Coast Guard will issue delivery/task orders to the contractor. Orders may be issued by mail, e-mail, facsimile, and orally (followed up in writing). All orders must be signed by the Contracting Officer.

PERFORMANCE PERIOD

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

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 Shavonda Jamison, Contracting Officer; Andrew Northcutt, Contracting Officer; Jennifer Blount, Contracting Officer; and Walter Mack, Contracting Officer.

SUPPLIES OR SERVICES AND PRICE/COSTS

PRICES/COSTS

Pricing must be submitted for ALL base and option years. If the offeror considers any addition(s), deletion(s), or part number changes of the parts required for replacement under this package, the Contracting Officer must be notified in WRITING PRIOR TO THE CLOSING DATE OF THIS SOLICITATION. All prices on the attached CLINS shall be a firm fixed price for services and/or parts for one year and applicable option years and shall indicate FOB Destination as referenced in FAR 52.247-34.

SCHEDULE OF SUPPLIES/SERVICES

Offerors are to use the spreadsheet found in Attachment 5, Schedule of Supplies/Services to insert unit prices in all CLIN listed in the Schedule unless “NSP” is printed in the Unit Price column for any CLIN. “NSP” in the section means “Not Separately Priced.”

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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

a. Specification Number P-243-0618, Revision A, dated 8/6/14, entitled “Specification Propulsion Shaft Purchase and Repair” (Attachment 1)

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

PACKAGING AND MARKING

PRESERVATION, PACKAGING AND MARKING

Each component shall individually preserved, packaged and marked in accordance with Specification Number P-243-0618, Revision A, dated 8/6/14, entitled “Specification Propulsion Shaft Purchase and Repair” (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)

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 (Attachment 4) At the time of each delivery of supplies or services under this contract, the contractor shall prepare and furnish to the Government a DHS Form 700-21, Material Inspection and Receiving Report. The receiving report must include:

· An authorization number such as the contract/task order number.

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

· Quantities shipped (if applicable).

· Date(s) property or services were accepted.

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

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

U.S. COAST GUARD INSPECTION (ORIGIN)

The Contractor shall be responsible for the performance of all inspection requirements in accordance with Specification Number P-243-0618, Revision A, dated 8/6/14, entitled “Specification Propulsion Shaft Purchase and Repair.” (Attachment 1) Inspection shall take place at origin by a Government Quality Assurance (QA) representative. Contractor shall furnish to the Contracting Officer advance notification when the supplies or services furnished in accordance with this contract are ready for Government inspection. This advance notification may be made by e-mail and shall not be less than ten (10) working days prior to inspection. The contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, prior to QA Inspection.

Contractor shall 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 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:

BASE YEAR/OPTION YEAR REQUIRED DELIVERY SCHEDULE

0001 - 4001

Manufacture new propulsion shaft which include material certifications, keys, new shipping container, QA inspection, PP&M and shipping to Baltimore, MD in accordance with specification P-243-0618, section 3.1.

Within 75 days of issuance of delivery order.

0003 - 4003 CG Review

0004 - 4004 For Approval, Condition Found Report, Inspection, and Cost Estimate for shaft and shipping crate repair in accordance with specification P-243-0618 section 3.2.

Coast Guard review and approval of all CFRs and Inspection Reports.

Cost to package, pack, mark and deliver to Baltimore, MD any shaft not being repaired in accordance with specification P-243-0618 section 3.2.2.

As required

As required

As required Within 10 days of receipt of GFP.

5 Calendar days

Within 20 days of completion of CLIN 0002.

0006 - 4006

Within 10 days of receipt of GFP as part of CLIN 0002.

0007 - 4007

Within 10 days of receipt of GFP as part of CLIN 0002.

0008 - 4008 0009 - 4009 CG Review

0010 - 4010 0011 - 4011 QA Inspection

0012 - 4012

(Optional) Cold Straightening: Cost estimate (CFR) to cold straighten shafts as necessary in accordance with specification P-243-0618.

Cost to blue fit, package, pack, mark, bar-code and ship to Baltimore, MD refurbished propulsion shafts in accordance with specification P-243-0618.

Coast Guard review and approval of all CFRs and Inspection Reports.

Cost to manufacture (1) propeller end and (1) coupling end key per specification P-243-0618.

For Approval, Final inspection and test report on each manufactured or repaired Propulsion Shaft in accordance with specification P-243-0618.

Coast Guard Quality Assurance Inspection at Contractors facility

(Optional) Cost to manufacture new shipping crate as required in accordance with specification P-243-0618 section 5.1.

As required

As Required

As required

As required

As required

As required

As required Within 10 days of receipt of GFP as part of CLIN 0002.

Cost to blue fit, package, pack, mark, bar-code and ship to Baltimore, MD refurbished propulsion shafts in accordance with specification P-243-0618.

5 Calendar days

Within 10 days of receipt of GFP as part of CLIN 0002.

Within 75 days of issuance of delivery order for CLIN 0001. Within 60 days of receipt of GFP CLIN 0002.

Schedule within 5 Calendar days of final report approval

Within 10 days of receipt of GFP as part of CLIN 0002.

ARO in this section stands for “After Receipt of Order”

The Government will evaluate, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above, 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

0001 - 4001

Manufacture new propulsion shaft which include material certifications, keys, new shipping container, QA inspection, PP&M and shipping to Baltimore, MD in accordance with specification P-243-0618, section 3.1.

Within ___days of issuance of delivery order.

0003 - 4003 CG Review

0004 - 4004 For Approval, Condition Found Report, Inspection, and Cost Estimate for shaft and shipping crate repair in accordance with specification P-243-0618 section 3.2.

Coast Guard review and approval of all CFRs and Inspection Reports.

Cost to package, pack, mark and deliver to Baltimore, MD any shaft not being repaired in accordance with specification P-243-0618 section 3.2.2.

As required

As required

As required Within ___ days of receipt of GFP.

___ Calendar days

Within ___ days of completion of CLIN 0002.

0006 - 4006

Within ___ days of receipt of GFP as part of CLIN 0002.

0007 - 4007

Within ___ days of receipt of GFP as part of CLIN 0002.

0008 - 4008 0009 - 4009 CG Review

0010 - 4010 0011 - 4011 QA Inspection

0012 - 4012

(Optional) Cold Straightening: Cost estimate (CFR) to cold straighten shafts as necessary in accordance with specification P-243-0618.

Cost to blue fit, package, pack, mark, bar-code and ship to Baltimore, MD refurbished propulsion shafts in accordance with specification P-243-0618.

Coast Guard review and approval of all CFRs and Inspection Reports.

Cost to manufacture (1) propeller end and (1) coupling end key per specification P-243-0618.

For Approval, Final inspection and test report on each manufactured or repaired Propulsion Shaft in accordance with specification P-243-0618.

Coast Guard Quality Assurance Inspection at Contractors facility

(Optional) Cost to manufacture new shipping crate as required in accordance with specification P-243-0618 section 5.1.

As required

As Required

As required

As required

As required

As required

As required Within ___ days of receipt of GFP as part of CLIN 0002.

Cost to blue fit, package, pack, mark, bar-code and ship to Baltimore, MD refurbished propulsion shafts in accordance with specification P-243-0618.

5 Calendar days

Within ___ days of receipt of GFP as part of CLIN 0002.

Within ___ days of issuance of delivery order for CLIN 0001. Within 60 days of receipt of GFP CLIN 0002.

Schedule within ___ Calendar days of final report approval

Within ___ days of receipt of GFP as part of CLIN 0002.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date; the offer will be considered nonresponsive and rejected.

(End of Clause)

PLACE OF DELIVERY – DESTINATION

(a) Destination delivery addresses will be provided on each individually funded delivery order. At times, parts may be required to be direct delivered to a Coast Guard Cutter’s homeport, or shipped to the U.S. Coast Guard, Surface Force Logistics Center, Warehouse (address provided below):

U.S. Coast Guard Surface Forces Logistics Center

Contracting and Procurement Branch 1

2401 Hawkins Point Rd

Receiving Room, Bldg. 88

Baltimore MD, 21226-5000

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

(b) Any written reports shall be delivered to the Contract Administrator, at the following address:

Surface Forces Logistics Center

Attn: Dana Solomon., Contract Specialist

705 E. Ordnance Road

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

Or submitted electronically to: Dana.D.Solomon@uscg.mil The Government reserves the right to request Direct Delivery. Each individual order will identify the delivery destination.

DELIVERY OF GOVERNMENT FURNISHED PROPERTY

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

CONTRACT ADMINISTRATION

ADDRESS OF CORRESPONDENCE

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

Surface Forces Logistics Center

Attn: Dana Solomon, Contract Specialist

705 E. Ordnance Road

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

CONTRACT ADMINISTRATION

The Contract Specialist 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 – Dana Solomon. (410)762-6053.

INVOICING REQUIREMENTS – FIRM-FIXED PRICE CONTRACTS

(a) All information set forth in FAR Clause 52.232-25, Prompt Payment, must be included in an invoice for it to constitute a proper invoice. The Contractor shall prepare a proper invoice IAW FAR clause 52.212-4, and in addition to the information required by FAR 52.212-4(g) as cited in the contract. All invoices shall be itemized to correlate to the Schedule of Supplies. All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment

(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} Or emailed to FIN-SMB-YARDTEAM@USCG.MIL 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 System for Awards Management (SAM). Contracts are located and identified in SAM 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 the System for Awards Management (SAM) in order to be awarded a contract. For more information on SAM and to register online, simply visit the SAM web site: http://www.sam.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 grounds for deviation from any stipulations of the purchase instruments.

GOVERNMENT REPRESENTATIVES

(a) The Government may, upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Representative(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, and price or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner.

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:

PHONE NUMBER:

WITHHOLDING PAYMENT FOR NONDELIVERY OF DATA

(a) If technical data such as plans, drawings, reports, spare parts lists, repair parts lists, or the like, or instruction books (including manuscripts or printer’s copy) or any part thereof, are not delivered within the time specified by this contract are deficient upon delivery, the Contracting Officer shall, at his/her discretion, withhold from each invoice a percentage of the contract price in accordance with the following table:

When Contract Total Price is

Percentage to be withheld is

Less than $250,000

10%

$250,000 to $1,000,000

5%

Over $1,000,000

2%

(b) The withholding of any sums pursuant to this clause shall not be construed as, or constitute in any manner, a waiver by the Government of the Contractor’s obligation to furnish the data required under this contract. In the event the Contractor fails to furnish these items, the Government shall have those rights and remedies provided by law and pursuant to this contract in addition to, and not in lieu of, the sum withheld in accordance with this clause.

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.

SPECIAL CONTRACT REQUIREMENTS

REQUIRED STANDARD OF WORKMANSHIP

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

STANDARD COMMERCIAL WARRANTY

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

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

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

Standard Commercial Warranty Terms & Conditions:

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

ORAL ORDERING

Orders may be placed orally by the Contracting Officer, by giving the Contractor an authorized Delivery Order Number, Contract Line Item Number (CLIN), and a funding limitation. Written confirmation of the oral order shall be forwarded to the Contractor not later than five (5) days after its issuance.

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

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

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

CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY 2014) – ADDENDUM

ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions applicable to this Agreement are as follows.

The following Federal Acquisition Regulation (FAR) Clauses are hereby incorporated into this Agreement by reference with the same force and effect as if incorporated in full text. Also, the full text of a clause may be accessed electronically at www.arnet.gov.

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Branch Chief, CPD, C&P1, Gary Milton and shall not be binding until so approved.

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(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 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [] does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this request for proposal.

(b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of Performance

Name and Address of Owner and

(Street Address, City, County, Operator of the Plant or Facility if Other

State, Zip Code) than Offer or Respondent

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 six (6) Propulsion Shafts for repair or (10) Propulsion Shafts for manufacturing

(2) Any order for a combination of items in excess of (6) Propulsion Shafts for repair or (10) Propulsion Shafts for manufacturing or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within seven (7) 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)

HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for…