RFP_HSCG40-16-R-60745_3-1-16_Final.docx

HSCG40-16-R-60745 Page 53 of 70

ULTRA HIGH PRESSURE (UHP) WATER JET BLASTING SERVICES

Commander U.S. Coast Guard Surface Forces Logistics Center

CPD-C&P3-SSD

707 E. Ordnance Road Baltimore, MD 21226

REQUEST FOR PROPOSAL

HSCG40-16-R-60745

TABLE OF CONTENTS

DESCRIPTION

PAGE NUMBER

Part I – The Schedule A S olicitation/contract form B Supplies or Services and prices/costs 5-6 C Description/specifications/statement of Work D Packaging and Marking E Inspection and acceptance F Deliveries or performance G Contract Administration Data 11-14 H Special Contract Requirements 15-22 Part II – Contract Clauses I Contract Clauses 23-33 Part III -- List of Documents, Exhibits, and other Attachments

ATTACHMENT 1: Performance Work Statement (PWS) ATTACHMENT 2: Schedule of Supplies/Services and Prices ATTACHMENT 3: Wage Determination ATTACHMENT 4: Past Performance Information ATTACHMENT 5: Personnel Checklist ATTACHMENT 6: Quality Assurance Surveillance Plan (QASP) Part IV -- Representations and Instructions K Representations, certifications, and other statements of offerors or respondents 35-59 L Instructions, conditions, and notices to offerors or respondents 60-64 M Evaluation factors for award 65-70

XX

)Ultra High Pressure (UHP) Water Jet Blasting Service

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG40-16-R-60745

6. SOLICITATION

ISSUE DATE

XXXXXXXX

410-762-6739

8. OFFER DUE DATE/ LOCAL TIME

N/A

9. ISSUED BY CODE 75174

USCG Surface Forces Logistics Center Contracting & Procurement Div. (C&P3-SSD) 2401 Hawkins Point Road Mail Stop 25 Baltimore, MD 21226

10. THIS ACQUISITION IS

NAICS: 336611 SIZE STANDARD 1000

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT

TERMS

14. METHOD OF SOLICITATION

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

15. DELIVER TO CODE

U.S. Coast Guard Yard 2401 Hawkins Point Road Baltimore, MD.

16. ADMINISTERED BY CODE

Same as Block 9 Attn: Ron Almond, Contract Specialist ronald.almond@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 Contract No. HSCG40-16-X-XXXXX Task Order No. * To be furnished at time of issuance of individual Task Order

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Requirement for Ultra High Pressure Water Jet Blasting Services.

Refer to Pages 1 through 70.

25. ACCOUNTING AND APPROPRIATION DATA

Funds to be provided on each Individual Task Order (TO)

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

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

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

OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

30b. NAME AND TITLE OF SIGNER

30c. DATE

SIGNED

31b. NAME OF CONTRACTING OFFICER

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

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:

Walter A. Mack Jr. Contracting Officer U.S. Coast Guard Surface Forces Logistics Center 2401 Hawkins Point Road Baltimore, MD 21226 410-762-6162 Walter.a.mackjr@uscg.mil

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 the issuance of individual TO.

Section B – Supplies or Services and Prices/Costs

B-1 General

The U.S. Coast Guard (USCG) Surface Forces Logistics Center (SFLC) intends on awarding multiple indefinite delivery, indefinite quantity (IDIQ) contracts with Firm Fixed-Price (FFP) Contract Line Item Numbers (CLINs) for Ultra High Pressure (UHP) Water Jet Blasting Services amongst various vessel availabilities at the U.S. Coast Guard Yard, Baltimore, MD 21226.

B-2 Contract Period of Performance

The performance period for this requirement includes one (1) base year and four (4) option years, if exercised by the Government.

B-3 Prices/Costs Pricing shall be submitted for ALL base and option years. Pricing shall be provided on the attached Schedule of Supplies/Services and Price – Attachment 2 shall be a FFP for the Base Year and for each option year.

Note: CLINs are established to indicate estimated requirements. These are only estimates; the Government reserves the right to order more or less as required. This includes CLINs that indicate no estimated jobs to be completed. For these CLINs, the offeror is asked to provide pricing per square foot listed for that space. For example, CLIN 1001g indicates no jobs, the Total Cost of CLIN will be the product of 445 SF multiplied by the offerors proposed price.

B-4 Contract Maximum/Minimum Total Minimum Guarantee Amount: $3,000.00 This contract will obligate the minimum guarantee in the amount of $3,000.00; however, the $3,000.00 will be de-obligated off of the contract, via a unilateral contract modification, when the total minimum guarantee is satisfied through the award of a TO. If the entire minimum guarantee amount is not satisfied through the award of a TO during the contract period of performance, then the remaining amount of the minimum guarantee shall be paid to the Contractor via a TO at the end of the contract period of performance. If no TOs are ever awarded during the contract period of performance then the total minimum guarantee amount shall be paid to the Contractor in full at the end of the contract period of performance via a TO. Note: If the contract is Terminated for Cause, the minimum guarantee or the remainder of the minimum guarantee shall not be paid to the Contractor as stated above.

Total Not-To-Exceed Contract Ceiling: $20,000,000.00 All TOs issued pursuant to this contract shall not exceed the Not-To-Exceed Contract Ceiling. The contract will remain in place and TOs may be issued in accordance with the contract until the Not-To-Exceed Contract Ceiling has been used in its entirety or until the contract period of performance ends, whichever occurs first.

(End of Section B)

Section C – Description/Specifications/Statement of Work C-1.1 Objective The primary goal of this acquisition is to establish multiple IDIQ contracts to provide UHP Water Jet Blasting Services at the USCG Yard, Baltimore, Maryland.

Ultra high pressure water blasting is a method to remove coatings from vessels. It is environmentally safe and less labor intensive than grit blasting. It also cleans contaminates from the substate as compared to grit blasting which pounds contaminates like salt and grease into the bare substrate. When performed correctly, no dust or environmental issues are raised in this process. Due to construction of staging and containment (total concealment) that are necessary for grit blasting, water jet blasting at this time is the most cost effective process for removing coatings from the exterior surfaces of ships.

Performance shall take place on both dry-docked vessels and pier-side vessels. Performance shall be required on various vessels scheduled for Yard Availabilities. The vessel lengths vary among 270’ Medium Endurance Cutters, 225’ Seagoing Buoy Tenders, 210’ Medium Endurance Cutters, 175’ Coastal Buoy Tender, 140’ Ice Breakers, 110’ and 87’ Patrol Boats, 65’ Tender/Barge and 75’ Tender/Barge, and 327’ USCGC Eagle.

C-1.2 Scope 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, in accordance with this solicitation and attached Performance Work Statement (PWS).

Failure to read the specifications in their entirety shall not relieve the Contractor 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.

C-2. Description/Performance Work Statement (PWS) Notwithstanding the requirements set forth in this solicitation, all services to be performed under this contract shall be accomplished in accordance with Attachment 1 – Performance Work Statement entitled “Ultra-High Pressure Water Jet Blasting (36,000 to 40,000 PSI) Services U.S. Coast Guard Yard”.

(End of Section C)

Section D – Packaging and Marking

D-1 Equipment Removal

All Contractor-owned equipment, accessories, and devices located on Government property shall be removed from Government premises by the Contractor, at the Contractor’s expense, within forty-eight (48) hours after completion, inspection, and acceptance of work, or as mutually agreed, in writing, by the Government and the Contractor. Specific requirements will be addressed at the TO level.

(End of Section D)

Section E – Inspection and Acceptance

E-1 Clauses Incorporated by Reference

This contract incorporates the following 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 can be accessed electronically at the following Internet address: http://www.acquisition.gov/far.

E-2 Inspection and Acceptance

Inspection and acceptance of all work and services performed under each TO shall be in accordance with the Federal Acquisition Regulation (FAR) clauses incorporated at Section E-1, “Clauses Incorporated by Reference,” as applicable.

Final acceptance of all services performance as specified under the contract will be made in writing, at destination, by the COR, or as detailed in individual TOs.

(End of Section E)

Section F – Deliveries or Performance

F-1 FAR 52.211-8 Time of Delivery (JUN 1997)

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

REQUIRED DELIVERY SCHEDULE

[Contracting Officer insert specific details]

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above will be considered nonresponsive and 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

(End of Clause)

F-2 Period of Performance

This contract shall be in effect from date of award until five (5) years thereafter. TOs shall have individual periods of performance set forth in the TO. However, no TO period of performance shall exceed one (1) year past the expiration of this contract.

F-3 Place of Performance

The place of performance shall be performed at the U.S. Coast Guard Yard, 2401 Hawkins Point Road, Baltimore, MD 21226

(End of Section F)

Section G – Contract Administration Data

G-1 Address of Correspondence

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

G-2 Contract Administration

The Contracting Officer or their authorized representative, located at the U.S. Coast Guard Surface Forces Logistics Center, 707 E. Ordnance Road Baltimore, MD 21226-5000, will administer this contract. Refer inquiries to Ron Almond, Telephone Number: 410-762-6739, Email: ronald.almond@uscg.mil.

G-3.1 Fair Opportunity Process

Each TO solicitation under this contract will be issued in accordance with the Fair Opportunity procedures in FAR 16.505 and as supplemented below. The Contracting Officer will solicit quotations ONLY from the Contractor’s awarded under the IDIQ.

TOs will be solicited in a very informal manner. When it has been determined that a requirement is needed by the Coast Guard, all Contractors that have received an award against this solicitation will be provided the following in an email to compete for each TO:

1. Price Schedule

2. Statement of Work with vessel name

3. Response Date

4. Any miscellaneous information that may be relevant to particular orders

Price and past performance will be the evaluation factors for each order. Any proposals that are received after the response date for each order will not be considered.

G-3.2 Exceptions to Fair Opportunity

In accordance with the Federal Acquisition Streamlining Act (FASA) and FAR Part 16.505(b), “Orders under Multiple Award Contracts,” the Contracting Officer will provide all awardees a “fair opportunity” to be considered for each order in excess of $3,000, unless one of the conditions below applies:

(1) The agency need for such services is so urgent that providing a fair opportunity would result in unacceptable delays.

(2) Only one awardee is capable of providing the services required at the level of quality required because the services ordered are unique or highly specialized.

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to a TO already issued under this contract, provided that all awardees were give a fair opportunity to be considered for the original order.

(4) It is necessary to place an order to satisfy a minimum guarantee.

Per FAR 16.505, all exceptions to fair opportunity must be documented to support the exception basis.

G-4 Submission of Invoices – Payment Instructions

INVOICING REQUIREMENTS – FIRM-FIXED PRICE CONTRACTS

All services ordered under this contract shall be billed once the work is completed and accepted by the Surface Forces Logistics Center. An original invoice shall be submitted to the following designated payment office:

Invoices may also be submitted electronically by accessing and completing the invoice form found at FIN-SMB-YardTeam@uscg.mil.

All invoices must contain the following information to constitute a proper invoice:

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

Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. The Contractor is encouraged to assign an identification number to each invoice.

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.

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.

G-5 Contractor Performance Evaluation

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.

(End of Section G)

Section H – Special Contract Requirements

H-1 Individuals Authorized to Place Orders

The U.S. Coast Guard Surface Forces Logistics Center, CPD C&P3, Shared Services Division, is the only contracting office authorized to place orders against this contract. These individuals will be Roger K. Batchelor, Contracting Officer, Walter A. Mack Jr., Contracting Officer and Kelly Wyatt, Contracting Officer.

H-2 Verbal Orders TOs may be issued or modified verbally by the Contracting Officer ONLY. The verbal orders will then be followed up with written confirmation. Written confirmation will be either OF-347 TO or SF-30 Modification within five (5) calendar days when a written order/modification is not possible due to schedule restrictions and urgency as determined by the Government.

H-3 Government Representatives

(a) The Government, may upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Representative(s), Resident Inspector(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment.

(b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner.

H-4 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 Technical Representative acting within the limits of their authority. A Contracting Officer’s Technical Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

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

H-5 Bilateral Modifications

A bilateral modification (supplemental agreement) is a contract modification that is signed by the Contractor and the Contracting Officer. For the purpose of the basic IDIQ contract only, when a bilateral modification is submitted by the Contracting Officer to the Contractor for signature, the Contractor has ten (10) business days to respond to the Contracting Officer. The Contractor’s response may take the form of either signature or the bilateral modification, or notice of rejection of the bilateral modification. Failure to respond within the allotted time period may result in the Contractor’s access to TO solicitations and their ability to receive new TOs being adversely affected. The Contracting Officer will consider no response (within the aforementioned timeframe) to indicate acceptance of the modification and consent to the resultant changes in terms and conditions.

H-6 Personal Services

None of the requirements for any TO issued hereunder shall comprise a Personal Services Contract as defined by FAR 2.101 and 37.104 or entail Contractor performance of Inherently Governmental Functions as defined by FAR 2.101.

The Government will neither supervise Contractor’s employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to or prepare work schedules for individual Contractor employees. It shall be the responsibility of the Contractor to manage their employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor feels that any actions constitute or are perceived to constitute personal services, it shall be the Contractor’s further responsibility to notify the Contracting Officer immediately.

H-7 Inherently Governmental Functions

Per FAR Part 7.5 and HSAM Chapter 3002.101, the Contracting Officer has determined that all work contemplated hereunder is properly scoped so that the Contractor shall not perform any inherently governmental functions. The oversight and assessment of Contractor performance and Contractor compliance with contract requirements, stipulation and management of requirements, program decisions, and acceptance of services delivered by the Contractor to the Government are inherently governmental functions and will be performed by Government personnel. This oversight and assessment of Contractor personnel by Government personnel will ensure Contractors are prevented from performing inherently governmental functions.

Further, Contractors are advised of the following:

(1) Final determination for all work products, recommendations, and the like is reserved for Government officials;

(2) Contractor personnel who attend meetings, answer Government telephones, or work in situations where their actions could be construed as acts of Government officials shall clearly identify themselves as Contractor personnel; and

(3) Suitable marking of all documents or reports produced by Contractors is required.

H-8 Disclosure of “FOR OFFICIAL USE ONLY” Information Safeguards

Any Government information made available or to which access is provided and which is marked or should be marked “For Official Use Only” or “FOUO” shall be used only for the purpose of carrying out the provisions of this contract or any TO issued hereunder and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract or TO. Disclosure to anyone other than an officer or employees of the Contractor or Subcontractor at any tier shall require prior written approval of the Contracting Officer. Requests to make such disclosure should be addressed to the Contracting Officer.

H-9 Disclosure of Information

(a) Contractors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary information, or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when the U.S. Office of Personnel Management (OPM or the Government) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable.

(b) Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

(c) In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor’s responsible employees.

(d) Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, b any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

H-10 Advertisements, Publicizing Awards, and News Releases

All press releases or announcements about any contract/TO award hereunder shall be approved by the Contracting Officer prior to release. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

H-11 Supervision of Contractor’s Employees

Personal services TOs are not authorized under this contract. The Government will not exercise any supervision or control over the Contractor employees performing services under this contract; such employees shall be accountable not to the Government, but solely to the Contractor, who in turn is responsible to the Government.

Personnel assigned to render services under this contract shall at all times be employees of the Contractor and under the direction and control of the Contractor. Notwithstanding any other provisions of this contract, the Contractor shall at all times be responsible for the supervision of its employees in the performance of the services required hereunder.

During all times on Government premises, the Contractor’s personnel shall comply with the rules and regulations governing conduct of personnel and operation of the Government facility.

H-12 Rolling Admission

The Government reserves the right to determine whether it would be appropriate to announce a new competition for the purpose of adding IDIQ holders. Periodically, the Government will assess the quality of performance by each IDIQ holder, the number, value, and complexity of work assigned to each IDIQ holder, and overall level of TO competition. In addition, the Government will assess if it is in the best interest of the Government to announce a new competition to add additional IDIQ holders. The award of new contract(s) does not increase the overall ceiling of the IDIQ procurement.

H-13 Open Season Procedures

If the Government determines its best interest is served by issuing a new solicitation in order to add new Contractors to the IDIQ contract, the Contracting Officer may do so at any time provided that:

(1) The Contracting Officer documents the rationale for conducting a new competition to add IDIQ holders;

(2) The open season solicitation identifies the appropriate business size to be solicited;

(3) The terms and conditions of any resulting awards from an open season solicitation are substantially the same as existing versions of the basic IDIQ contracts; and

(4) The period of performance end date for any such new awards from an open season solicitation is identical with the existing term for all other IDIQ contracts.

H-14 Employment of US Government Personnel Restricted

In performing this contract, the Contractor shall not use as a consultant or employ (on either a full or part time basis) any current U.S. Government personnel (civilian or military) without the prior written approval of the Contracting Officer. Such approval may be given only in circumstances where it is clear that no laws and DHS or U.S. Government instructions, regulations, or policies might possibly be contravened and no appearance of a conflict of interest will result.

H-15 Key Personnel

Key personnel are those Contractor personnel considered to be essential to the performance of the IDIQ contract and all corresponding TOs. For this contract, the Supervisor and Alternate Supervisor are designated as key personnel.

H-16 Addition or Substitution of Personnel

(a) A requirement of this contract is to maintain stability of key personnel proposed in response to a given TO in order to provide quality services. The Contractor agrees to assign only those key personnel whose resumes were submitted in connection with the solicitation and who are necessary to fulfill the requirements of the TO effort. The Contractor agrees to assign to any effort requiring non-key personnel only personnel who are qualified for the applicable labor category.

(b) If key personnel for whatever reason become unavailable for work under the contract for a continuous period exceeding thirty (30) working days or are expected to devote substantially less effort to the work than indicated in the proposal, the Contractor shall propose a substitution to such personnel, in accordance with paragraph (d) below.

(c) The Contractor agrees that, unless otherwise stated in the IDIQ contract, during the first six (6) months of the contract, no key personnel substitutions or additions will be made unless necessitated by compelling reasons including, but not limited to: an individual’s illness, death, termination of employment, declining an offer of employment (for those individuals proposed as contingent hires), or family friendly leave. In such an event, the Contractor must promptly provide the information required by paragraph (d) below to the Contracting Officer for approval prior to the substitution or addition of key personnel.

(d) All proposed key personnel substitutions shall be submitted, in writing, to the Contracting Officer at least fifteen (15) days (thirty (30) days if a security clearance must be obtained) prior to the proposed effective date of substitution. Each request shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, information regarding the full financial impact of the change, and any other information required by the Contracting Officer to approve or disapprove the proposed substitution. All proposed key personnel substitutes (no matter when they are proposed during the performance period) shall have qualifications that are equal to or higher than the qualifications of the person being replaced.

(e) The Contracting Officer shall evaluate requests for key personnel substitution and addition of key personnel and promptly notify the Contractor, in writing, of whether the request is approved or disapproved.

(f) If the Contracting Officer determines that suitable and timely replacement of personnel (whether key or not) who have been reassigned, terminated, or have otherwise become unavailable to perform under the contract is not reasonably forthcoming or that the resultant reduction of productive effort would impair the successful completion of the contract or the task order, the TO may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. Alternatively, at the Contracting Officer’s discretion, if the Contracting Officer finds the Contractor to be at fault for the condition, the Contracting Officer may equitably adjust downward the contract price or fixed fee to compensate the Government for any delay, loss, or damage as a result of the Contractor’s action.

(g) All personnel performing under this contract shall meet or exceed the minimum qualifications denoted in Attachment 1 – Performance Work Statement entitled “Ultra-High Pressure Water Jet Blasting (36,000 to 40,000 PSI) Services U.S. Coast Guard Yard” Section 1.5.12.1.1 Supervisor, Alternate Supervisor.

H-17 Employee Identification

All Contractor’s employees attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. Contractors shall also ensure that all documents or reports produced by Contractor’s are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

H-18 Standards of Conduct at Government Installations

The Contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of military uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor shall ensure Contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States, the Department of Homeland Security or any Department of Homeland Security component.

H-19 Removing Employees for Misconduct or Security Reasons

The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from USCG facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any TO awarded. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

H-20 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.

H-21 Unauthorized Work

The Contractor is not authorized at any time to commence TO performance prior to issuance of a signed TO or through verbal order from the Contracting Officer to begin work.

H-22 Task Funding Restrictions

No unfunded TO are allowed.

H-24 Post Award Conference

The Contractor shall participate in a post award conference that will be held within thirty (30) business days after contract award. The purpose of the post award conference is to aid both the Contractor and the Government in achieving a clear and mutual understanding of all contract requirements and identify and resolve potential problems, per FAR Part 42.5, “Postaward Orientation.”

The Government is responsible for establishing the time and place of the conference and will notify the appropriate Government representatives and the Contractors. The conference may be conducted at a location within the USCG Yard at the Government’s discretion. The Contractor further agrees to attend post award conferences on task orders as required.

H-25 Government Furnished Property

The Government will furnish services, utilities and equipment in accordance with Part 3 of the PWS. The equipment being provided for this requirement includes staging and scaffolding in those areas that are determined not to be accessible by manlift. All Government property furnished under this contract is subject to the requirements of FAR 52.245-1 -- Government Property.

H-26 Meetings/Conferences

Pre-award meetings or conferences may be necessary to resolve problems and to facilitate understanding of the technical requirements of the contract or task orders. All costs associated with the attendance at pre-award meetings/conferences shall be incidental to the contract and not separately billed.

H-27 Observance of Legal Holidays

(a) The Government hereby provides notification that Government personnel observe the listed days as holidays:

(b) In addition to the days designated as holidays, the Government observes the following days:

(1) Any other day designated by Federal Statute,

(2) Any other day designated by Executive Order, and

(3) Any other day designated by the President’s Proclamation

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel work during the holiday, they may be reimbursed by the Contractor. However, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

(d) Nothing in this clause abrogates the rights and responsibilities of the parties relating to stop work provisions as cited in other sections of this contract.

H-28 Hours of Operation

The U.S. Coast Guard Yard normal working hours are from 7:00 am to 3:30 pm, Monday through Friday, except Federal holidays or when the Government facility is closed, due to local or national emergencies, inclement weather, administrative closings or similar Government directed facility closings. During the months of June through August, the U.S. Coast Guard Yard switches its working hours to 6:00 am to 2:30 pm, Monday through Friday.

The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within the PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability of the workforce is essential.

(End of Section H)

PART II -- CONTRACT CLAUSES

Section I – Contract Clauses

I-1 Clauses Incorporated By Reference (FAR 52.252-2)(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 the following address:

http://www.acquisition.gov/far

I-2 FAR Clauses Incorporated in Full Text

52.212-4 CONTRACT TERMS AND CONDITONS – COMMERCIAL ITEMS (MAY 2015) – ADDENDUM

52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (FEB 2016)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(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:

[Contracting Officer Check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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 (Oct 2015) (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).

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

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

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.