IFB USCGCAXE(2).doc

ATTENTION BIDDERS/OFFERORS

PLEASE CAREFULLY READ AND COMPLETE THE ENTIRE SOLICITATION. THE FOLLOWING ARE HIGHLIGHTED FOR YOUR ATTENTION.

1. Be sure to complete all required prices set forth in Section B.

2. Be sure to complete all required representations and certifications in Section K.

3. Be sure to complete SF 33 (first page of Invitation for Bid/Request for Proposals), including appropriate signature and acknowledgment of any amendments, if applicable.

4. Be sure your bid/offer reaches this office by the time and date specified in Block 9 of SF 33, or any amendments hereto.

5. When submitting your bid/offer, please identify the solicitation number and cutter name to the envelope to ensure immediate identification.

PLEASE BE AWARE THAT FAILURE TO COMPLETE THE ENTIRE SOLICITATION AS REQUIRED MAY RESULT IN A DELAY OF AWARD OR A DETERMINATION THAT YOUR BID/OFFER IS NONRESPONSIVE.

NOTICE FOR FILING AGENCY PROTESTS

It is the policy of the Coast Guard 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 General Accounting Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 that a Coast Guard 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 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 at 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. 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 forwarded to the address below:

Commandant (G-A) U.S. Coast Guard Headquarters Acquisition Planning and Performance Measurement 1900 Half St. SW, Room 11-0402 Washington, DC 20593 Telephone: (202) 372-3692

Fax: (202) 475-3904

BID RESULT INFORMATION

Prospective offerors may request a copy of the bid abstract by contacting the Contracting Officer via facsimile at (757) 628-4676 Attn: Stephen Clark. The requested abstract may be forwarded via Federal Express if a Federal Express number is provided or by mail.

1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15CFR 350)

HSCG80-08-B-3FA537

NO.

NEGOTIATED (RFP)

USCG Maintenance & Logistics Command Atlantic

MLK

300 East Main Street, Suite 600 (vpl-2)

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and bidder”.

SOLICITATION

(Hour)

(Date)

CAUTION ( LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME

Stephen Clark

B. TELEPHONE (NO COLLECT CALLS)

(757) 628-4648

C. E-MAIL ADDRESS

Stephen.A.Clark@uscg.mil

11. TABLE OF CONTENTS

OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

opposite each item, delivered at the designated point (s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52-232-8)

AND

ADDRESS

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

FORMCHECKBOX

10 U.S.C. 2304 (c) ( )

FORMCHECKBOX

41 U.S.C. 253(c) ( )

23. SUBMIT INVOICES TO ADDRESS SHOW IN (4 copies unless otherwise specified)

ITEM

IMPORTANT ( Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

In lieu of STANDARD FORM 33

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 INSTRUCTIONS FOR COMPLETING SECTION B

All Base Contract Line Item Numbers (CLINs) are marked as "BASE" in Section B/Schedule and Optional CLINs are marked as "OPT". Insert unit prices in all CLINs listed in Section B.2. Bidders must complete all items in paragraph B.2 CLIN 0001 through CLIN 0031 and CLINs A, B, and Z. Failure to do so may render a bid nonresponsive. All bids must be based on firm, fixed prices. "NSP" in this section means, "Not Separately Priced".

B.2

SUPPLIES OR SERVICES AND PRICES/COSTS

OPT

BASE

OPT

B.3 COMPOSITE LABOR RATE

The composite labor rate offered shall be the sole labor hour rate used to price the prime contractor's direct labor hours for contract changes, i.e. growth work. The contractor shall not receive any compensation in addition to this rate for the prime contractor's direct labor associated with such changes under this contract.

(a) The composite labor hour rate shall represent total compensation for the following:

(1) direct labor wages and salaries;

(2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;

(3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;

(4) all indirect costs such as overhead and general and administrative expense;

(5) any port or association fees, rents, or other levies;

(6) profit (fee); and

(7) all direct and indirect costs and profit associated with the following support functions:

Supervision and Management Planning and Estimating

Material Handling Housekeeping

Engineering Transportation/Drivers

Quality Assurance Contract Administration

Security Testing

(b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated.

(c) The Quantity of Composite Labor hours indicated in the Schedule of Supplies/Services, is only an estimate and is an Optional Item pursuant to this solicitation. The Estimated Quantity represents the Government’s best estimate of the total number of additional hours that may be required throughout the contract. The Government may elect to exceed this value at the prices stated in the schedule and its discretion during performance of the contract. The inclusion of this item does not obligate the Government to exercise the item nor entitle the contractor to compensation if not exercised.

B.4 SCOPE OF WORK: PRICE TOTALS

Insert individual prices in Section B.2 above and insert totals of extended prices as indicated below:

Total Base Item CLINS:

Total Optional Item CLINS: $_________________

Composite Labor:

Laydays

Total All: $_________________

B.5 VESSEL IDENTIFICATION

The vessel, hereinafter referred to as "vessel", covered by this solicitation, is the USCGC AXE (WLIC-75310). The vessel’s homepier is 800 Youngs Road, Suite 800, Morgan City, LA 70380. The point of contact for vessel visits is MKC Comeaux, who can be reached at (985) 385-0037. The Contract Specialist is Stephen Clark, who can be reached at (757) 628-4648

(End of Section B)

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1

DESCRIPTION OF WORK

(a) The Contractor shall furnish all necessary labor, material, services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified, to perform dry-docking repairs, and alterations to the vessel, in accordance with this solicitation and attached specifications.

(b) Failure to read the specifications in their entirety will not relieve the quoter from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the quoter’s risk.

Each quoter shall furnish the information required by the solicitation.

C.2

SPECIFICATIONS AND DRAWINGS.

(a) See Section J -"LIST OF ATTACHMENTS"

(b) Drawing measurements should be verified by the contractor prior to ordering materials.

C.3 OPEN AND INSPECT

Many work items in this contract have "open and inspect" portions. These portions are either titled "critical open and inspect" or "open and inspect". It is critical to the successful availability completion that the material states of these items be determined as soon as possible in the contract to avoid delays. Therefore, the contractor shall accomplish all "critical open and inspect" portions of the individual work items within the first 25 percent of the availability contract period and accomplish all "open and inspect" portions of the individual work items within the first 40 percent of the availability contract period.

(End of Section C)

SECTION D

THIS PAGE IS INTENTIONALLY LEFT BLANK.

(End of Section D)

SECTION E

INSPECTION AND ACCEPTANCE

E.1

INSPECTION

Except as specified elsewhere, the U.S. Coast Guard shall rely on the contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements.

Records of all inspection work by the contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract.

The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation.

E.2

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far/index.html

E.3

U.S. COAST GUARD INSPECTION AND/OR ACCEPTANCE

U.S. Coast Guard inspection and acceptance of the supplies or services to be furnished hereunder shall be made, upon completion of the work, by the Contracting Officer or his/her designated personnel on board the USCG vessel.

(End of Section E)

SECTION F

DELIVERIES OR PERFORMANCE

F.1

PERFORMANCE

(a) Time of Performance:

(1) Work covered by this solicitation shall be completed within (49) calendar days from the date the vessel becomes available to the contractor.

(2) The vessel should be available on or after 7 APRIL 2008. Contract completion is scheduled for 25 MAY 2008.

(b) Place of Performance:

Work shall be performed at the contractor’s facility within the geographic restriction.

F.2

NOTICE OF DELAY

If the contractor becomes unable to complete the contract work at the time(s) specified because of technical difficulties, notwithstanding the exercise of good faith and diligent efforts in the performance of the work called for hereunder, the Contractor shall give the Contracting Officer written notice of the anticipated delay and the reasons therefore. Such notice and reasons shall be delivered promptly after the condition creating the anticipated delay becomes known to the Contractor but in no event less than (15) days before the completion date specified in this contract, unless otherwise directed by the Contracting Officer. When notice is so required, the Contracting Officer may extend the time specified in the Schedule for such period as deemed advisable.

F.3 ACCESSIBILITY OF CONTRACTOR'S FACILITY

The contractor shall provide a facility accessible from a navigable waterway at which a ship of the characteristics described in the attached specification can, using its own propulsion, safely arrive, lie afloat and depart at all states of the tide and at any time day or night. The facility and its approaches shall have a minimum water depth of Six (6) feet and a minimum vertical clearance of _43_ feet.

(End of Section F)

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACTOR CONTRACT ADMINISTRATOR(S).

Bidder shall designate below the person(s) whom the government may contact for prompt responses on matters pertaining to administration of the contract.

NAME: ______________________ TITLE: ____________________________

TELEPHONE NUMBER: _______________________

G.2 METHOD OF PAYMENT AND INVOICING INSTRUCTIONS FOR SHIP REPAIR

The Government will make payment under this contract based on a percentage or stage of completion. The contractor may invoice each contract line item (CLIN) as work progresses. The amount invoiced shall be calculated based on those prices stipulated in the contract Schedule of Supplies/Services as follows:

A CLIN may not be invoiced until the percentage complete reaches 25 percent. Future invoices for that CLIN have no limitation as to the percentage of completion required before invoicing. (The minimum percentage of completion (25%) to be reached prior to billing each CLIN may be waived by the Contracting Officer on a case by case basis for large dollar CLINS.)

Invoices submitted by the contractor which are deemed not proper, in accordance with FAR clause, 52.212-4 will be returned. Invoices shall include (see the clause for a full summation of invoice requirements):

Name and Address of the contractor;

Invoice date

Contract Number/Modification No.

Description, quantity, unit of measure, unit price and extended price;

Shipping and Payment Terms;

Name and Address of Contractor official to whom payment is to be sent;

Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice.

The invoice must include:

a) The percentage of completion for each CLIN identified;

b) Name of the Contracting Officer;

c) Vessel name; and,

d) The overall percentage and dollar amount previously billed, currently billed and unbilled.

The Data Universal Numbering System (DUNS) number is the primary identifier in Central Contractor Registration (CCR), (see FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)). Contractors are located and identified in CCR by their DUNS number. Therefore, to facilitate payment, it is in the contractor’s best interest to ensure that the DUNS number is recorded on every invoice submitted to the US Coast Guard.

All payments for partial performance rendered by the Government under this contract are based on the assumption that the contractor will, in good faith, execute and honor all payment terms entered into between it, the prime contractor, and any subcontractor thereof in the performance of this contract. The contractor hereby acknowledges the Government’s right to reduce or suspend progress payments based on non-payment in accordance with any payment terms of the subcontract agreement.

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

Any amount deemed not payable will be deducted from the contractor’s invoice. Deducted amounts may be resubmitted on the next invoice for reconsideration.

Additional work verbally agreed to by the parties that has not yet been incorporated into the contract by modification shall not be included in an invoice. Payments will not be made for any work to which a modification has not been properly executed. Invoices submitted for payment that includes such a request will be reduced by the unmodified amount.

Invoices shall be mailed to the designated billing office, as follows:

Mail the original and one copy of the invoice to:

U. S. Coast Guard Maintenance and Logistics Command Atlantic Attn: Stephen Clark Suite 600, vpl-2 300 East Main Street

Norfolk, VA 23510-9102

The contractor’s final invoice submitted under the contract must be marked as follows: (THIS INVOICE CONSTITUTES THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE NO OTHER MONIES ARE DUE UNDER CONTRACT NUMBER (to be assigned upon contract award).

NOTE: IF THE CURRENT FINAL GOVERNMENT FURNISHED PROPERTY REPORT AND 1149(S) ARE NOT TURNED IN WITH THE FINAL INVOICE, FINAL CONTRACTOR PAYMENT MAY BE DELAYED, WITHOUT PENALTY OF INTEREST, UNTIL SUCH TIME AS THE REPORT(S) ARE RECEIVED.

G.3 GOVERNMENT REPRESENTATIVES

(a) The Government may, upon contract award or thereafter, name representatives with titles such as Contracting Officer Representative (COR), Port Engineer, Inspecting Officer, etc.

(b) In any event, no individual other than the Contracting Officer 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.

G.4 DEFINITIONS

(a) Contracting Officer (KO): In addition to the definition of contracting officer in FAR SUBPART 2.1, the contracting officer has the overall responsibility for the administration of this contract. He or she alone is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, details or delivery schedules and to legally bind the Government to same.

(b) Contracting Specialist/Administrator (KS): The Contracting Specialist/Administrator is responsible for the day-to-day management of the contract, and serves as the Government's initial point of contact for all issues arising from the contract.

(c) Contracting Officer's Representative (COR): The COR is the designated Commanding Officer or Officer-In-Charge of the vessel, unless otherwise designated. The COR designation will be in writing and his/her authority relative to this contract is limited to the items listed in the designation letter. The COR is not authorized to change the scope, price, delivery or other terms and conditions of the contract. Any disputes relative to the contractual as well as technical portions of the contract shall be brought promptly to the attention of the Contracting Officer for resolution.

(d) Port Engineer: This person has been formerly known as the "NESU Representative." The Port Engineer is responsible for assisting the COR, Contracting Officer, Contract Specialist/Administrator on technical matters. He/She is the MLCA liaison.

(e) Inspecting Officer: The Primary Inspecting Officer is the Engineer Officer/Engineer Petty Officer (EO/EPO). He/She will be responsible for insuring that the required Coast Guard inspections are performed by either him/her or designated inspectors as determined by the Coast Guard. These individuals shall be identified, in writing, at the Arrival Conference, which will be scheduled by the Contracting Specialist or Administrator.

(f) Ship Superintendent: The Contractor shall assign an employee to act as Ship Superintendent. This person shall coordinate all of the items of work. This person shall be responsible for providing weekly (or sooner if requested), updates at designated progress meetings for all to be performed. He or she shall be the point of contact for the contracting officer when there is a problem regarding performance of the contract.

(g) Estimator/Negotiator: This is the individual(s) who is assigned by the contractor, and who has authority to negotiate and bind the contractor. This individual(s) must be identified, in writing, at the Arrival Conference.

(h) Property Administrator: This individual, who is appointed by the Contracting Officer, is responsible for ensuring that all property provided to the contractor is properly accounted for and that records maintained by the contractor are in accordance with applicable FAR and TAR regulations.

G.5 TELEPHONE CHARGE

The Commanding Officer of the Cutter will pay all toll charges and applicable taxes and surcharges for long-distance telephone calls placed by ship’s personnel. All other charges shall be borne by the Contractor.

G.6 ACCOUNTING DATA

To be included on contract award document.

(End of Section G)

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 GEOGRAPHIC RESTRICTION

THIS VESSEL IS RESTRICTED TO BROWNSVILLE, TX TO CARRABELLE, FL VIA INTRA COASTAL WATERWAYS, NO OPEN WATER TRANSITS.

H.2 GROWTH WORK

(a) The Contractor shall not perform growth work without the Contracting Officer's authorization. Growth work is work within the scope of the contract, which has not been previously priced as a pre-priced CLIN. The Contracting Officer reserves the right to contract for growth work on the basis of a negotiated, firm, fixed price, when it is in the best interest of the Government. If a firm-fixed price contract is awarded, and during the performance period a repair within scope is identified but the Contracting Officer and Contractor are unable to agree on the cost of the work, a bilateral modification may be incorporated into the contract using a Time and Materials modification for this specific repair. In this situation, FAR 52.212-4, Alternate I, will be incorporated.

(b) The Contractor shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer, of any proposal submitted for a contract modification. Unless otherwise directed, the breakdown shall be submitted on an MLCA 002 proposal form provided at the arrival conference permitting an analysis of all materials, labor, equipment, subcontract, overhead costs, and profit covering all work involved in the change/modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the proposal includes a request for a time extension, justification shall be furnished with the proposal.

(c) This clause is to be used in conjunction with the clause COMPOSITE LABOR RATE incorporated into this solicitation. The Contractor is required to have and/or furnish all tools and equipment incidental to each bench trade. Supplies such as wiping rags, hacksaw blades, sandpaper, welding wire, helium, etc., are also to be furnished by the contractor. Other materials are to be charged at regular rates and prices currently in effect and as agreed to by the Contracting Officer. Material shall be best commercial quality available except where a precise specification is indicated in which case the specification shall apply, e.g., MILSPEC, FEDERAL SPEC.

H.3 INSURANCE REQUIREMENTS

The Contractor shall, at its own expense, procure and maintain the following kinds of insurance with respect to performance under the contract. In accordance with HSAR 3052.228-70, Insurance (DEC 2003), the Contractor shall furnish the Contracting Officer with proof of insurance for the duration of the contract, including:

1. Ship Repairer's Liability - $500,000 per occurrence.

2. Comprehensive General Liability - $500,000 per occurrence.

3. Full insurance coverage in accordance with the United State's Longshoremen's and Harbor Worker's Act.

4. Full insurance coverage in accordance with the State's Workmen's Compensation Law (or its equivalent) for all places of performance under this contract.

H.4 CONTRACTING OFFICER’S AUTHORITY

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

H.5 VOLATILE ORGANIC COMPOUNDS (VOC) REGULATIONS

(a) Contractors are required to comply with federal, state and local

VOC compliance laws and regulations. Among other requirements, certain contractors may also be required to operate pursuant to a Title V permit. The need for such a permit will depend on the provisions of the applicable state’s “State Implementation Plan” (SIP) and the type/quantity of the contractor’s regulated emissions, including VOCs. Certain SIPs may also mandate certain contractors to operate under the terms of a compliance plan intended to reduce VOC emissions.

(b) Contractors, therefore, must submit the following to the designated NESU Port Engineer not later than two weeks after contract award:

1) Copies of any federal, state or local permits required and applicable to the use or application of VOCs at contractor’s facility or offsite work places;

2) Copies of any compliance plans required and applicable to the use or application of VOCs at contractor’s facility or offsite work places.

(c) If no federal, state or local permits or compliance plans are required and applicable to the use or application of VOCs at contractor’s facility or offsite workplaces, then contractor shall submit to the designated NESU Port Engineer a letter, notarized under oath, that such documents are not required.

(d) Contractors will submit the following to the designated NESU Port

Engineer not later than two weeks after contract award: Data Sheets (MSDS) documents, certificates, specifications or any other manufacturing data verifying the VOC ratings of paints to be applied to the Cutter in accordance with MLCA Standard Spec 63000N, Section 5.3.1.

H.6 PLANNING DOCUMENT

The Planning Document required in the specifications shall be forwarded to the Contracting Officer Representative on the date of the Arrival Conference.

H.7 CONTRACT DEFICIENCY REPORT

The Contracting Officer or Contracting Officer Representative (COR) may issue a Contract Deficiency Report, Form MLCA (v) 005-1. The contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the contractor, MLC(vr), the NESU and Program Manager. The Contracting Officer will make the final response to the contractor in writing.

H.8 CONTRACTOR PERFORMANCE EVALUATION (SEPT 2001)

The resultant contractor's performance will be evaluated throughout the contract period for inclusion into a Contractor Performance Report (evaluation) by the end user(s) for use by this agency and other government agencies on future source selection award decisions. The report will be completed by the assigned Contracting Officer’s Representative (COR) at the completion of the contract. Upon review by the Contracting Officer, the results will be provided to the contractor who will be given a period of thirty days to review and provide comments. Contractor comments will be reviewed and considered by the Contracting Officer. In the case of a contract with option years, an interim report will be completed on the anniversary date of the contract each year. The areas to be evaluated are:

Quality of Product or Service

Meeting SDB Subcontracting Requirements (as applicable)

Cost Control (as applicable)

Subcontractors

Timeliness of Performance

Contractor Manager/Principal Investigator

Business Relations

Overall Comment

Each area will be evaluated using the following adjectival scale: Outstanding (5), Excellent (4), Good (3), Fair (2), Poor (1), and Unsatisfactory (0).

The performance evaluation process will be accomplished by all participants electronically using the National Institutes of Health (NIH) Contractor Performance System (CPS) via the Internet. The CPS is an all-inclusive system with many built-in levels of security designed to safeguard your performance evaluation throughout the entire process. Unless already registered, the contractor is required, upon award, to register with NIH. To do so, the contractor shall go to https://cps.nih.gov. Scroll down to the three informational columns, then click on “Registration for Existing Contracts” under the Contractor Information column. In order to ensure that the Contracting Officer provides the correct person electronic access to the performance evaluation report for review and comment, the contractor shall provide to the Contracting Officer, (1) the primary contractor representatives name, e-mail address, telephone number and unique identifier and (2) the secondary contractor representatives name, e-mail address and telephone number. This information must be relayed to the Contracting Officer exactly as provided at time of NIH registration. The Contracting Officer will contact the contractor for this information, upon award. The contractor will receive a system generated e-mail notification when the performance evaluation for this contract is ready for review. The contractor will access the Contractor Module of the system, review the evaluation and submit desired comments. The notification e-mail will contain instructions for the Contractor’s Representative to log in with his or her unique ID in order to obtain a personal identification number (PIN). The PIN may be used to access this contractor’s evaluation only, and will be deactivated after the evaluation has been reviewed and comments have been submitted. The contractor should be mindful that the system provides thirty days to electronically submit comments.

If no comments are received during the thirty-day period, the system will automatically set the evaluation to completed status and will incorporate a statement to the effect that no comments were received within the time limit. The fully completed report is automatically sent to the contractor by the system for viewing and may, at that time, be printed. The contractor is encouraged to visit http://cps.od.nih.gov/files/CRManual.doc to become familiar with the system and the on-line Contractor User’s Manual. NIH charges the Coast Guard a usage charge, per user, based on time spent in the system. Therefore, promptly log off the system when not in use.

H.9 MAINTAINING, REPORTING AND DISPOSING OF GOVERNMENT PROPERTY IN

THE PERFORMANCE OF A SHIP REPAIR CONTRACT (APR 2001)

1.

The Government Property Clause incorporated by reference delineates the contractor's overall responsibility when taking possession of government property in performance of a contract. In performance of this contract the contractor will be required to properly identify, track and control property within its possession. This includes, a) property furnished by the government (GFP) to the contractor in conjunction with specific CLIN Items. These items and their values are listed in the specification, b) property that is pre-existing in a location that during the course of performance will be replaced or renewed.

2.

The items listed in the specification, as government furnished property will be provided in the quantities designated. Government furnished property may be provided in person by an official Coast Guard employee, shipment via commercial carrier, etc. The contractor shall sign for all government furnished property using either a DD Form 1149, entitled, “Requisition and Invoice/Shipping Document” or a DD Form 1348, entitled, “Issue Release/Receipt Document”. A copy of the DD 1149 or DD 1348 must be sent within 48 hours of receipt of property, to the designated Government Property Administrator. The name of the individual assigned as Property Administrator will be furnished to the contractor at time of award. The contractor shall not take receipt of property that is not listed in the specification, has not been previously identified as becoming part of the contract (via contract modification) or which otherwise cannot be identified. Such irregularities shall be immediately reported to the Property Administrator.

3.

The contractor shall complete the report provided herein, entitled, “Government Property Report”. This report is intended as a living document whereby relevant fields shall be filled in, maintained and kept current at all times. All property described in paragraph 1 (a, and b) above shall be reported on the report. At contract completion the contractor and the Property Administrator shall ensure that all fields are appropriately completed. A signature block is provided at the end of the report for both parties to attest to the report's accuracy and completeness. The Government Property Report shall clearly delineate the complete track that all government property took over the course of the contract. This completed report must accompany the contractor's final invoice. Final payment may be delayed, without penalty of interest, until such time as the report is received. A separate copy of the completed report and any final DD 1149s or DD 1348s executed, as a result of carrying out disposition instructions shall be provided to the Property Administrator.

4.

Pursuant to the Government Property Clause the authority to render disposition instructions of Government property associated with this contract is delegated to the Property Administrator. The contractor shall comply with all instructions in the contract for the return of government property to the Coast Guard. This includes government property taken off the vessel (shafts, propellers, etc.), government property returned to the vessel (special tools, etc.) or surplus government property not used during performance of the contract.

H.10 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far/index.html

Alternate I (JUL 1995)

(End of Section H)

SECTION I

CONTRACT CLAUSES

I.1 52.217-7 OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED LINE

ITEM (MAR 1989)

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

(End of Clause)

I.2 FAR 52.223-9 Estimate of Percentage of Recovered Material Content For EPA Designated Products (Aug 2000)

(a) Definitions. As used in this clause-

"Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall-

(1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to the address shown in the “Issued By” Block of the Solicitation Cover page (e.g. SF 33, SF 26 or SF 1449).

(End of clause)

I.3 FAR 52.244-6 Subcontracts for Commercial Items (Mar 2007)

(a) Definitions. As used in this clause--

“Commercial item” has the meaning contained Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)

(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d) (2) (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceed $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212(a));

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (Flow down a required in accordance with paragraph (g) of FAR clause 52.222-39.)

(vi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.247-64).

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

(End of Clause)

I.4 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far/index.html

I.7 HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS…