RFP_-_FINAL_87'_MTU_ENGINE_REMAN_HSCG40-17-R-19004.pdf

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

HSCG40-17-R-19004

6. SOLICITATION ISSUE

DATE DECEMBER 21, 2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JENNIFER LUCAS, CONTRACT SPECIALIST

Jennifer.B.Lucas@uscg.mil

b. TELEPHONE NUMBER No collect calls)

8. OFFER DUE DATE/

JANUARY 23, 2017

LOCAL TIME 4:00 PM

EASTERN

9. ISSUED BY CODE

10. THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE: %FOR

SMALL BUSINESS

HUBZONE SMALL BUSINESS

NAICS: 333618

SIZE STANDARD: 1,000 Employees

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

USCG Surface Forces Logistics Center CPD1/Patrol Boat Product Line MS 26, Bldg. #31, Lower Level 2401 Hawkins Point Road Baltimore, MD 21226-5000

13.a THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 DFR 700)

14. METHOD OF SOLICITATION

RFQ IFP RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

DESIGNATED ON EACH TASK ORDER Post award administrator:

Jennifer Lucas, Contract Specialist

Jennifer.B.Lucas@uscg.mil

17.a CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

DESIGNATED ON EACH TASK ORDER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Attached Pages 4-62

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

To be funded on each individual task order

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5. ADDENDA

ARE

ARE

ARE NOT ATTACHED

ARE NOT ATTACHED

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AN ON ANY ADDITIONAL SHEETS SUBJECT TO

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29.

AWARD OF CONTRACT: REFERENCE ___________________ OFFER

DATED ___________. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS: 30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

Gary Milton

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

SEE REVERSE FOR OMB CONTROL NUMBER AND

PAPERWORK BURDEN STATEMENT

STANDARD FORM 1449 (4/2002)

Prescribed by GSA – FAR (48CFR) 53.212 mailto:Jennifer.B.Lucas@uscg.mil

MTU 87’ ENGINE REMANUFACTURE SOLICITATION HSCG40-17-R-19004

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute

Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or

Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for

Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman:

solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the

OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting

Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the

Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

TABLE OF CONTENTS

PART I – THE SCHEDULE

SECTION DESCRIPTION PAGE(S)

A SOLICITATION – SF1449 1

B SUPPLIES/SERVICES AND PRICES/COSTS 4-6

C DESCRIPTIONS/SPECS/WORK STATEMENT 6

D PACKAGING AND MARKING 6

E INSPECTION AND ACCEPTANCE 7-8

F DELIVERIES OR PERFORMANCE 9-12

G CONTRACT ADMINISTRATION DATA 13-16

H SPECIAL CONTRACT REQUIREMENTS 17-19

PART II – CONTRACT CLAUSES

I CONTRACT CLAUSES 20-32

PART III – LIST OF ATTACHMENTS

SECTION DESCRIPTION PAGE)

J ATTACHMENTS 33

PART IV – REPRESENTATIONS AND INSTRUCTIONS

K REPRESENTATIONS, CERTIFICATIONS,

AND OTHER STATEMENTS OFFERORS

34-48

L INSTRUCTIONS, CONDITIONS AND

NOTICES TO OFFERORS

49-52

M EVALUATION FACTORS FOR AWARD 53-56

PART I – THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

BRAND NAME SPECIFIED IS MANDATORY

All items listed in this section describe the requirements with which the Contractor shall comply completing the remanufacture of W6 Maintenance Echelon on Motoren-und-Turbinen-Union (MTU) Friedrichshafen MTU 8V

396 TE 94 Diesel Engines. The Contractor shall also provide technical services, including commissioning of new engines, when ordered by the Contracting Officer. Two (2) propulsion units are currently installed on each of 73, 87’WPB Coast Guard cutters nationwide.

NOTICE TO OFFERORS

The contractor shall perform all functions necessary to provide the commercial services described herein. Each engine shall be remanufactured in accordance with SFLC Specification (ATTACHMENT 1) referred to as specification number R-233-2031 dated 10/15 entitled MTU FRIEDRICHSHAFEN DIESEL ENGINE 8 V 396

TE 94 W6 ENGINE REMANUFACTURE. The Contractor will provide the necessary reports as prescribed in the specification and provided in the appendices. The specification will be incorporated into the contract upon award.

All questions regarding this solicitation MUST be submitted IN WRITING NO LATER THAN January 13, 2017. You may e-mail them to Jennifer Lucas at: Jennifer.B.Lucas@uscg.mil. NO inquiries will be answered verbally!

Proposals received in response to this Request for Proposal, must be received at the following address or electronically by the email address above (PREFERRED) prior to the date and time established for receipt of proposals.

U.S. Coast Guard Surface Forces Logistics Center

Contracting & Procurement Division 1 (C&P1)

2401 Hawkins Point Road

Building 31, Lower Level

Baltimore, MD 21226-5000

Attn: Jennifer Lucas

Packages containing proposals must be clearly addressed and identified with the Solicitation Number

HSCG40-17-R-19004.

Pricing must be submitted for ALL base and option years. If in the judgment of the offeror, any addition(s) or deletion(s) are 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 CLINS (ATTACHMENT 2) shall be a firm fixed price for services and parts and shall indicate FOB Destination as referenced in FAR 52.247-34. Separately provide

Other than Certified Cost or Pricing Data as described in Section L.

The government anticipates the remanufacture of MTU 8V 396 TE 94 Diesel Engine (NSN 2815-12-348-

2440) installed on the USCG 87’ PBPL Class of Coast Guard Cutters according to the following estimated quantities:

CLIN DESCRIPTION

UNIT

EST

QTY

BASE AND EACH

OPTION YEAR

1 Receive Engine, Prepare Reports JOB 22

2 Return of F Condition Engine JOB 1

3 Complete Engine Overhaul JOB 22

4A Overhaul Fuel Injectors JOB 22

4B Overhaul Cylinder Heads JOB 22

4C Overhaul Fuel Injection Pump JOB 22

4D Overhaul Starter Motor JOB 22

4E Magna Flux and Polish Crankshaft JOB 22

4F Flush and Re-Plug Crankshaft JOB 22

4G Magna Flux and Polish Camshaft JOB 22

4H Overhaul A Bank Turbocharger JOB 22

4I Overhaul B Bank Turbocharger JOB 22

4J Overhaul Raw Water Pump JOB 22

4K Overhaul Fresh Water Pump JOB 22

4L Overhaul Charge Air Cooler JOB 22

4M Overhaul Oil Cooler JOB 22

4N Overhaul Oil Pump JOB 22

4O Overhaul Fuel Hand Pump JOB 22

4P Measure Connecting Rods JOB 22

4Q Magna Flux Connecting Rods JOB 22

4R Magna Flux Counterweights and Connecting Bolts JOB 22

4S Remove Geislinger Coupling JOB 22

4T Geislinger Coupling Inspection and Report JOB 22

4U Overhaul Geislinger Coupling JOB 22

4V Geislinger Coupling Instalation JOB 22

5 Engine Warranty JOB 22

6 Mandatory Parts – Per MTU 8V396 TE94 parts catalog JOB 22

7 Shipping Crate JOB 22

8 Contingency Parts – Per MTU 8V396 TE94 parts catalog JOB 22

9 Failure Analysis JOB 1

10 Commissioning of Engine JOB 22

11 Engine Testing Including Appendix D JOB 22

12 SF 294 JOB 22

13 SF 295 JOB 1

14 Government Property Report JOB 22

15 Quarterly Cumulative Tracking Report JOB 4

16 Removal of Reduction Gear JOB 22

17 Installation of Reduction Gear JOB 22

18 Technical Representative Services HR 8

**Travel costs should not be included in offeror’s proposal but will be requested later when dates/locations of travel are known for cross-reference per diem rates. Costs for transportation, lodging, meals, and incidental expenses incurred shall be reimbursed using the current Federal Travel Regulations and not to exceed the maximum per diem and lodging rates for the time/location of performance. See Federal Acquisition Regulation

(FAR) 31.205-46 (a)(2). Contractors shall submit supporting travel receipts for all invoices that include actual travel costs.

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

All components to be remanufactured under this contract and required reports shall be accomplished in accordance with the following specifications:

Specification number R-233-2031 dated 10/15 entitled MTU FRIEDRICHSHAFEN DIESEL ENGINE 8 V 396

TE 94 W6 ENGINE REMANUFACTURE.

SECTION D

PACKAGING AND MARKING

PRESERVATION, PACKAGING AND MARKING

Each component shall be individually preserved, packaged and marked for long term storage in accordance with

SECTION 5 of Specification Number R-233-2031 dated 10/15 entitled MTU FRIEDRICHSHAFEN DIESEL

ENGINE 8 V 396 TE 94 W6 ENGINE REMANUFACTURE.

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.

SECTION E

INSPECTION AND ACCEPTANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporated 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 http://farsite.hill.af.mil/vffara.htm.

NUMBER TITLE DATE

52.246-2 Inspection of Supplies – Fixed-Price AUG 1996

52.246-16 Responsibility for Supplies APR 1984

MATERIAL INSPECTION AND RECEIVING REPORT

At the time of each delivery of supplies or services under this contract, the contractor shall prepare and furnish to the Government a DHS Form 700-21 (ATTACHMENT 4), 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, in accordance with quality assurance requirements located under section 4 of the specification.

U.S. COAST GUARD INSPECTION (ORIGIN)

The Contractor shall be responsible for the performance of all inspection requirements in accordance with the specification (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 seven (7) 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 within ten (10) days of receipt.

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 under SECTION 5 of

Specification Number R-233-2031 dated 10/15 entitled MTU FRIEDRICHSHAFEN DIESEL ENGINE 8

V 396 TE 94 W6 ENGINE REMANUFACTURE.

FAR 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (FEB 1999)

The Contractor shall comply with the higher-level quality standard selected below:

Inspection System, ASQC Q9003-1994, 18 July 1994

General Requirements for Calibration Laboratories and Measuring and Test Equipment, ANSI/NCSL

Z540-1-1994, dated 1994.

SECTION F

DELIVERIES OR PERFORMANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1988)

This contract incorporated 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 http://farsite.hill.af.mil/vffara.htm.

NUMBER TITLE DATE

52.211-17 Delivery of Excess Quantities SEP 1989

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay of Work APR 1984

FAR 52.211-8 TIME OF DELIVERY (JUNE 1997)

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

(Continued on next page) http://farsite.hill.af.mil/vffara.htm

CLIN DESCRIPTION WITHIN DAYS AFTER

-Receive Engine, Prepare Reports:

Prepare a receiving inspection report with photographs (including Appendix A)

-Clean, disassemble engine and all accessories and prepare and submit a

Condition Found Report (including

Appendix B) showing conditions of items, all contingency parts and labor needed to accomplish remanufacture.

-Prepare and submit a Reassembly

Critical Dimensions Report (including

Appendix C) while assembling the engine.

Appendix A within seven (7) days after receipt of engine

Appendix B within thirty (30) days of receiving written approval of Appendix A

Appendix C within fourteen (14) days of receiving written approval of Appendix B.

2 Return of F Condition Engine AS REQUIRED

Complete Engine Overhaul, including testing, painting, preservation, and packing.

Within sixty (60) days of receiving written approval of Appendix B.

4A Overhaul Fuel Injectors AS REQUIRED

4B Overhaul Cylinder Heads AS REQUIRED

4C Overhaul Fuel Injection Pump AS REQUIRED

4D Overhaul Starter Motor AS REQUIRED

4E Magna Flux and Polish Crankshaft AS REQUIRED

4F Flush and Re-Plug Crankshaft AS REQUIRED

4G Magna Flux and Polish Camshaft AS REQUIRED

4H Overhaul A Bank Turbocharger AS REQUIRED

4I Overhaul B Bank Turbocharger AS REQUIRED

4J Overhaul Raw Water Pump AS REQUIRED

4K Overhaul Fresh Water Pump AS REQUIRED

4L Overhaul Charge Air Cooler AS REQUIRED

4M Overhaul Oil Cooler AS REQUIRED

4N Overhaul Oil Pump AS REQUIRED

4O Overhaul Fuel Hand Pump AS REQUIRED

4P Measure Connecting Rods AS REQUIRED

4Q Magna Flux Connecting Rods AS REQUIRED

4R

Magna Flux Counterweights and

Connecting Bolts

AS REQUIRED

4S Remove Geislinger Coupling AS REQUIRED

4T

Geislinger Coupling Inspection and

Report

Within fourteen (14) days of removal of

Geislinger Coupling

4U Overhaul Geislinger Coupling AS REQUIRED

4V Geislinger Coupling Installation AS REQUIRED

5 Engine Warranty AS REQUIRED

6 Mandatory Parts AS REQUIRED

7 Shipping Crate AS REQUIRED

8 Contingency Parts AS REQUIRED

9 Failure Analysis

Within thirty (30) days of receipt of failed engine

10 Commissioning of Engine Within seven (7) days of notification

The Government will evaluate equally, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. However, “AS REQUIRED” items in the schedule will not be evaluated for contractor’s ability to meet delivery schedule requirements.

Offers that propose delivery that will not clearly fall within the applicable required 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. Offeror shall complete ATTACHMENT

3, Offeror’s Proposed Delivery Schedule. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

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

PLACE OF DELIVERY – DESTINATION

(A) All data submissions shall be delivered to the following address:

Contracting and Procurement Branch 1

Mail Stop 25

2401 Hawkins Point Road

Baltimore, MD 21226-5000

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

Task Order Number: {To be furnished with each individual task order}

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

Receiving Room BLDG 88

2401 Hawkins Point Road

Baltimore, MD 21226-5000

11 Engine Testing Including Appendix D AS REQUIRED

12 SF 294 AS REQUIRED

13 SF 295 AS REQUIRED

14 Government Property Report AS REQUIRED

15 Cumulative Tracking Report AS REQUIRED

16 Removal of Reduction Gear AS REQUIRED

17 Installation of Reduction Gear AS REQUIRED

18 Technical Representative Services AS REQUIRED

The Government reserves the right to request Direct Delivery. Each individual task 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 remanufactured engines to the address for shipment as provided above.

SECTION G

CONTACT ADMINISTRATION DATA

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price requirements contract with one (1) base year and four (4) one (1) year option periods, if exercised by the Government.

ADDRESS OF CORRESPONDENCE

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

Contracting and Procurement Branch 1

Mail Stop 25

2401 Hawkins Point Road

Baltimore, MD 21226-5000

CONTRACT ADMINISTRATION

The Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces

Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, shall be the contract administrator of this contract – Jennifer Lucas, (410) 762-6649, Jennifer.B.Lucas@uscg.mil.

INVOICING REQUIREMENTS – FIRM-FIXED PRICE CONTRACTS

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

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

All services ordered under this Contract shall be billed once the work has been completed and received by the Surface Forces Logistics Center. The Contractor shall submit invoices to the following payment address:

U.S. Coast Guard Yard

P.O. Box 4122

Chesapeake, VA 23327-4122

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

(1) Name and address of Contractor

(2) Invoice date

(3) Contract Number

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

(5) Terms of any prompt payment discounts offered mailto:Jennifer.B.Lucas@uscg.mil

(6) Dun & Bradstreet (DUNS) Number

(7) Federal Tax Identification Number

(8) Name, title, and telephone number of individual to be notified upon receipt of improper invoice(s).

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 clearly marked “Information only.”

**NOTE: Contractor's may submit invoices electronically by accessing and completing the invoice form found at http://www.fincen.uscg.mil/electron_CGYard.htm.

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.

STANDARD COMMERCIAL WARRANTY

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 customer.

http://www.fincen.uscg.mil/electron_CGYard.htm

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.

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER

INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE

For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice.

NAME: _______________________________

TITLE: _______________________________

ADDRESS: _______________________________

TELEPHONE NUMBER: ____________________

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.

SECTION H

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.

TELECOMMUNICATED ORDER/FACSIMILE ORDER

Orders may be issued by the Contracting Officer by telecommunication (verbally) or by facsimile or email, and then followed by written confirmation when such action is in the best interest of the

Government. Only the Contracting Officer is authorized to submit task orders.

COAST GUARD ACTIVITY AUTHORIZED TO PLACE ORDERS

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

Contracting and Procurement Branch 1 – Patrol Boat Product Line

Bldg. 31, Lower Level

2401 Hawkins Point Road

GOVERNMENT FURNISHED MATERIALS

The Government shall provide only that property set forth below, 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.

GFM repaired under this contract shall be:

a. MTU 8V 396 TE 94 Diesel Engine (NSN 2815-12-348-2440)

b. ZF 255 Reduction Gear (NSN 2010-12-347-4887)

c. Geislinger Coupling (NSN 3010-12-345-0397)

ADDRESS FOR SHIPMENT OF GOVERNMENT FURNISHED PROPERTY

Firm Name: _________________________________________

Street Address: ______________________________________

City, State, Zip Code: _________________________________

DISPOSITION OF GOVERNMENT FURNISHED PROPERTY/DATA

Each Engine, 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.

HSAR 3052.245-70 GOVERNMENT PROPERTY REPORTS (DEC 2003)

(a) The Contractor shall prepare an annual report of Government property in its possession and the possession of its subcontractors.

(b) The report shall be submitted to the Contracting Officer not later than September 15 of each calendar year on DHS Form 700-5, Contractor Report of Government Property (ATTACHMENT 5).

THE FOLLOWING INFORMATION APPLIES ONLY TO ON-SITE

TECHNICAL REPRESENTATIVE SUPPORT

EMPLOYEE CONDUCT

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance and integrity and shall be responsible for taking such disciplinary action with respect to their employees as may be necessary. The Contractor's employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, flag officer courtesy, "off limits" areas, wearing of parts of military uniforms, and possession of firearms) 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 the U.S. Coast Guard.

REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY

The Government may, at its sole discretion, require the Contractor to remove any contractor employee from

Coast Guard facilities for misconduct or security reasons. The Contracting Officer will provide the Contractor with an immediate written rationale for removing the Contractor employee. A Government request to remove a specific Contractor employee does not relieve the Contractor of the responsibility to provide sufficient qualified personnel for timely and satisfactory performance under the contract.

EMPLOYEE IDENTIFICATION

Contractor employees visiting Government facilities shall wear an identification badge that, at a minimum, displays the employees’ photo, name, Contractor name, clearance-level and badge expiration date. Contractor employees shall also comply with all Government escort rules and requirements at all times, identify themselves as Contractors when their status is not readily apparent, and display all identification and visitor badges in plain view above the waist at all times.

FAR 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective --

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting

Officer upon request.

HSAR 3052.223-90 ACCIDENT AND FIRE REPORTING (DEC 2003)

(a) The Contractor shall report to the Contracting Officer any accident or fire occurring at the site of the work that causes:

(1) A fatality or the loss as much as of at least one lost workday on the part of any employee of the

Contractor or subcontractor at any tier;

(2) Damage of $1,000 or more to Federal real or personal property; either real or personal;

(3) Damage of $1,000 or more to Contractor or subcontractor owned or leased motor vehicles or mobile equipment; or

(4) Damage for which a contract time extension may be requested.

(b) Accident and fire reports required by paragraph (a) above shall be accomplished by the following means:

(1) Accidents or fires resulting in a death, hospitalization of five or more persons, or destruction of

Federal real or personal property, the total value of which is estimated at $100,000 or more, shall be reported immediately by telephone to the Contracting Officer or his/her authorized representative and shall be confirmed by telegram, facsimile or e-mail transmission within 24 hours to the Contracting Officer. Such telegram or facsimile transmission shall state all known facts as to extent of injury and damage and as to cause of the accident or fire.

(2) Other accident and fire reports required by paragraph (a) above may be reported by the Contractor using a state, private insurance carrier, or Contractor accident report form which provides for the statement of:

(i) The extent of injury; and

(ii) The damage and cause of the accident or fire.

Such report shall be mailed or otherwise delivered to the Contracting Officer within 48 hours of the occurrence of the accident or fire.

(c) The Contractor shall assure compliance by subcontractors at all tiers with the requirements of this clause.

PART II

CONTRACT CLAUSES –ADDENDUM TO FAR 52.212-4 (OCT 2016)

SECTION I

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1988)

This contract incorporated 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 test of a clause may be accessed electronically at http://farsite.hill.af.mil/vffara.htm.

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

FAR 52.203-17

Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (APR 2014) DHS USCG Deviation

14.01

FAR 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997)

FAR 52.217-8 Option to Extend Services (NOV 1999)

FAR 52.232-40 Providing Accelerated Payments to Small Businesses (DEC 2013)

FAR 52.246-17 Warranty of Supplies of a Noncomplex Nature (JUN 2003)

FAR 52.246-20 Warranty of Services (MAY 2001) http://farsite.hill.af.mil/vffara.htm

(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 the acquisition described in subsection (b)(1) of Section 835 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 3009.104-70 through 3009.104-73;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, 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 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if awaiver has been applied for, shall be attached to the bid or quotation.

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 February 2017 through February 2023.

(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)

ORDERING:

a. Material will be ordered by the issuance of individual task orders.

b. Any supplies or services to be furnished under this contract shall be ordered by issuance of task orders by the following activity:

U.S. Coast Guard Surfaces Forces Logistics Center

Contracting and Procurements Branch 1

Mail Stop 25

2401 Hawkins Point Road

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 a quantity of 2 each Engines, 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 ten (10) engines per delivery order.

(2) Any order for a combination of supplies in excess of ten (10) engines; or

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

(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) above.

(d) Notwithstanding paragraph (b) and (c) above, 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 5 calendar days after issuance, with written notice stating the contractor’s intent not to ship the item

(or supplies) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (NOV 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 2016)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (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.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

X (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

___ (iii)…