Solicitation DD WEDGE.pdf

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 (CG-9131) U.S. Coast Guard Headquarters

Procurement Planning & Oversight Division 1900 Half St. SW, JR11-0203 Washington, DC 20593

Telephone: (202) 372-3692 Fax: (202) 475-3904

Maintenance & Logistics Command Atlantic

Naval Engineering Division Vessel Procurement & Logistics Branch

300 East Main Street, Suite 600 Norfolk, VA 23510

REQUEST FOR QUOTATION

HSCG80-09-Q-3FA405

USCGC WEDGE (WLR-75307) DRYDOCK REPAIRS

TABLE OF CONTENTS

DESCRIPTION PAGE NUMBER

SF 1449, Solicitation/Contract/Order for Commercial Items 1 Continuation of SF 1449 2 Supplies or Services & Prices/Costs 4 Price Totals 5

Contract Clauses FAR 52.212-4 Contract Terms and Conditions Addendum 6-15 FAR 52.212-5 Contract Terms and Conditions Required to Implement 16 Statutes and Executive Orders 16-21 Government Property Report 19

Solicitation Provisions FAR 52.212-1 Instructions to Offerors Addendum 23 FAR 52.212-2 Evaluation Commercial Items, or other Evaluation 25 Factors for Award FAR 52.212-3 Representations and Certifications-Commercial Items 28-44

Contract Documents/Exhibits and/or Attachments Statement of Work (Sep 19, 2008/Rev.-4) See Separate Attachment

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2198093FA405

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG80-09-Q-3FA405

6. SOLICITATION

ISSUE DATE

14 JANUARY 2009

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME Tracey Strawbridge

b. TELEPHONE NUMBER (no collect calls)

(757) 628-4657

8. OFFER DUE DATE/

LOCAL TIME

22 JANUARY 2009

11:00 AM

9. ISSUED BY CODE 75174

USCG Maintenance and Logistics Command Atlantic Attn: Tracey Strawbridge 300 E Main Street, Suite 600 Norfolk, VA 23510

E-mail: Tracey.strawbridge@uscg.mil

10. THIS ACQUISITION IS

UNRESTRICTED OR SET ASIDE 100% FOR:

SMALL BUSINESS EMERGING SMALL

HUBZONE SMALL BUSINESS

BUSINESS

SERVICE DISABLED VETERAN- 8(A)

OWNED SMALL BUSINESS

NAICS: 336611

SIZE STANDARD 1,0000

13b. RATING DO-A3 11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS (15

CFR 700)

12. DISCOUNT

TERMS

14. METHOD OF SOLICITATION SEE SCHEDULE

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

Same as block 9

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

USCG Finance Center

1430A Kristina Way Chesapeake, VA 23326

DUNS No.

TELEPHONE NO:

FAX NO:

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. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

The Contractor shall furnish all necessary labor, materials, services, equipment, supplies, power, accessories, facilities and such other things as are necessary to perform DRYDOCK repairs and alterations to the USCGC WEDGE (WLR- 75307), all in exact accordance with this solicitation and the attached specifications.

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY) 25. ACCOUNTING AND APPROPRIATION DATA

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN 1 COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO

FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE

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

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS

TO ITEMS:

31a. UNITED STATES OF AMERICA (SINGATURE OF CONTRACTING OFFICER) 30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 3/2005) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

19.

ITEM

NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

All work is to be performed in accordance with USCGC WEDGE (WLR-75307) a 75 foot River Buoy Tender Specifications for Drydock Repairs 2009.

Work covered by this contract shall be completed within Fifty-four (54) calendar days from the date the vessel becomes available to the contractor.

Availability is scheduled to start on or about 5 March 2009.

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

PARTIAL FINAL

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK

NUMBER

38. S/R ACCOUNT

NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42 a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL

CONTAINERS

STANDARD FROM 1449 (REV. 3/2005) BACK

HSCG80-09-Q-3FA405 PAGE 3 OF 44

USCGC WEDGE (WLR-75307)

DRYDOCK REPAIRS

CONTINUATION OF SF 1449 – BLOCKS 17a - 25

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

(2) Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in Central Contractor Registration (CCR). To receive award contractor must be registered in Central Contract Registration (CCR) http://www.ccr.gov.

(3) Block 19 through 24: SEE SCHEDULE OF SUPPLIES/SERVICES BELOW.

(4) Block 25: ACCOUNTING AND APPROPRIATION DATA: To be included on contract award document.

DESCRIPTION OF WORK:

(a) The Contractor shall furnish all necessary labor, material, services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified, to perform drydock 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.

GEOGRAPHIC RESTRICTION: Per U.S. Coast Guard Atlantic Area Instruction 3100.A, the vessel is restricted to the Western Rivers of the United States. The “Western Rivers” means the navigable portions of the Mississippi River and its tributaries above mile marker 0 of the Lower Mississippi River.

Navigable tributaries of the the Mississippi River include only the waterways within the area of jurisdiction of Coast Guard aids to navigation facilities as described in Light List Volume V (COMDTINST M16502.5), and the Tennessee-Tombigbee Waterway to the mouth of the Mobile River.

This includes protected portions of the Intra Coastal Waterway connected to the “Western Rivers”, but specifically excludes unprotected or open waters such as Mobile Bay, Lake Borgne, and the Gulf of Mexico. 01 November to 15 March south of Melvin Price Lock and Dam, locks and dams are closed during the winter.

ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about 5 December 2008. Work covered by this solicitation shall be completed within [54] calendar days from the date the vessel becomes available to the contractor. The availability is scheduled to start on or about 5 January 2009.

SCHEDULE OF SUPPLIES/SERVICES: See Schedule of Supplies and Services. See Schedule of Supplies and Services. Base Contract Line Item Numbers (CLINs) are marked as “D” for Definitive.

Optional CLINS are marked “O” for Optional. Insert unit prices in all CLINs listed in the Schedule unless “NSP” is printed in the Unit Price column for any CLIN. “NSP” in the section means “Not Separately Priced.”

http://www.ccr.gov/

HSCG80-09-Q-3FA405 PAGE 4 OF 44

SUPPLIES/SERVICES AND PRICES/COSTS FOR:

USCGC WEDGE (WLR-75307) DRYDOCK AVAILABILITY 2009

ITEM DESCRIPTION UNIT PRICE

UNIT QTY EXTENDED PRICE

1-D Remove, Inspect, and Reinstall Propeller Shafts JOB 1 2-O Straighten Shaft JOB 2 3-D Renew Water-Lubricated Shaft Bearings JOB 1 4-D Renew Propeller Shaft Sleeve(s) JOB 1 5-O Renew Shaft Strut Barrel JOB 1 6-D Remove, Inspect, and Reinstall Propellers JOB 1 7-D Perform Minor Repairs and Reconditioning of Propeller JOB 2 8-D Clean, Inspect, and Test Grid Coolers JOB 1 9-D Renew Steel Longitudinals and Hull Plating in Barge Main Hold JOB 1 10-D Overhaul and Renew Sea Valves JOB 1 11-D Inspect and Test Air Receivers and Relief Valves JOB 1 12-D Remove, Inspect, and Reinstall Rudder Assemblies JOB 1 13-O Renew Rudder Lower Bearing Trunk JOB 1 14-D Preserve Spud and Spud Well Surfaces JOB 1 15-O Preserve Tender Freeboard – 100% JOB 1 16O Preserve Barge Freeboard – 100% JOB 1 17-D Shrink Wrap Crane JOB 1 18-D Protect Small Boat Davit and Winch JOB 1 19-D Inspect Various Deck Fittings JOB 1 20-D Preserve Barge Buoy Deck JOB 1 21-D Renew Depth Indicating Transducers JOB 3 22-D Preserve Underwater Body (Barge) – 100% JOB 1 23-D Preserve Underwater Body (Tender) - 100% JOB 1 24-D Preserve Stern Tubes JOB 1 25-D Preserve and Disinfect Potable Water Tank (Barge) – 100% JOB 1 26-D Preserve and Disinfect Potable Water Tank (Tender) – 100% JOB 1 27-D Renew Barge Potable Water Transfer Piping JOB 1 28-D Routine Drydocking JOB 1

(10/22/2008 REV-0) 1 of 1

80-09-Q-3FA405 PAGE 5 OF 44

SCGC WEDGE (WLR-75307)

DOCK REPAIRS

SUPPLIES/SERVICES AND PRICES/COSTS FOR:

USCGC WEDGE (WLR-75307) DRYDOCK AVAILABILITY 2009

ITEM DESCRIPTION UNIT PRICE

UNIT QTY EXTENDED PRICE

29-D Provide Temporary Logistics JOB 1 A-O Composite Labor Rate Hour 130 B-D GFP Report NSP EA 1 NSP

C-D Travel and Perdiem JOB 1 Z-O Laydays Day 5 Total Price of Definite Items

Total Price of Option Items Total Price of Definite and Optional Items

(10/22/2008 REV-0) 1 of 1

HSCG

U

DRY

HSCG80-09-Q-3FA405 PAGE 5 OF 44

DRYDOCK REPAIRS

PRICE TOTALS

Insert individual prices in Schedule of Supplies/Services above and insert totals of extended prices as indicated below:

Total Definitive Item CLINs: $_________________

Total Optional Item CLINs: $_________________ Excluding Composite Labor, Travel, Per Diem, and Lay Days.

Composite Labor: $_________________

Lay Days: $_________________

TOTAL: $_________________

HSCG80-08-Q-3FA015 PAGE 6 OF 44

CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FEB 2007)

ADDENDUM

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

[Use these clauses if the solicitation/contract exceeds the Simplified Acquisition Threshold (currently$100K) Other clauses may be applicable. Check dates before using.] FAR 52.211-15 Defense Priority and Allocation Requirements (APR 2008) DO A3 Rating FAR 52.217-8 Option to Extend Services (NOV 1999) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995) FAR 52.223-12 Refrigeration Equipment and Air Conditioners (MAY 1995) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997) FAR 52.242-2 Production Progress Reports (APR 1991) FAR 52.245-1 Government Property (JUNE 2007) FAR 52.245-9 Use and Charges (JUNE 2007) HSAR 3052.211-70 Index for Specifications (DEC 2003) HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003) HSAR 3052.217-91 Performance (DEC 2003) HSAR 3052.217-92 Inspection and Manner of Doing Work (DEC 2003) HSAR 3052.217-93 Subcontracts (DEC 2003) HSAR 3052.217-94 Lay Days (DEC 2003) HSAR 3052.217-95 Liability and Insurance (DEC 2003) HSAR 3052.217-96 Title (DEC 2003) HSAR 3052.217-97 Discharge of liens (DEC 2003) HSAR 3052.217-98 Delays (DEC 2003) HSAR 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (DEC 2003) HSAR 3052.217-100 Guarantee (JUN 2006) HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC

2003) HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003) HSAR 3052.223-90 Accident and Fire Reporting (DEC 2003) HSAR 3052.242-71 Dissemination of Contract Information (DEC 2003) HSAR 3052.242-72 Contracting Officer’s Technical Representative (DEC 2003) HSAR 3052.245-70 Government Property Reports (JUN 2006)

HSCG80-09-Q-3FA405 PAGE 7 OF 44

DRYDOCK REPAIRS

FAR 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 or email 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)

SUBMISSION OF 10 USC 2323 DATA

Federal law (10 U.S.C.2323), as amended) requires submission of data on contracts and subcontracts awarded to small disadvantaged businesses, historically black colleges and universities, and minority institutions. The contractor agrees to submit, upon request from the Contracting Officer, such information as may be required by the Government to meet the reporting requirements under the applicable law.

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;

HSCG80-09-Q-3FA405 PAGE 8 OF 44

DRYDOCK REPAIRS

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

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

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

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

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

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

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

(ii) stock of such entity which is sold in a public offering related to 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 a waiver has been applied for, shall be attached to the bid or proposal.

(End of clause)

HSCG80-09-Q-3FA405 PAGE 9 OF 44

HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES – APPLICABLE

LICENSES AND PERMITS (JUN 2006)

The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within [“insert days”] days after date of award.

The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

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.

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.

HSCG80-09-Q-3FA405 PAGE 10 OF 44

DRYDOCK REPAIRS

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 9 feet and a minimum vertical clearance of 50 feet.

REQUIRED INSURANCE

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

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

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

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

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

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

ACCESS TO VESSEL

(a) A reasonable number of officers, employees, and associates of the Government, or other prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis.

The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security.

(b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security.

INDEMNIFICATION FOR ACCESS TO VESSELS

Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other prime contractors with the Government and their subcontractors, and officers, employees, and associates of quoters on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.

HSCG80-09-Q-3FA405 PAGE 11 OF 44

DRYDOCK REPAIRS

INSPECTIONS

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

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

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

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.

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;

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(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.

MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT PROPERTY IN THE

PERFORMANCE OF A SHIP REPAIR CONTRACT

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

2. The items listed in the specification, as government furnished property will be provided in the quantities designated. Government furnished property may be provided in person by an official Coast Guard employee, 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

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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.

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.

CONTRACTOR PERFORMANCE EVALUATION

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

Quality of Product or Service Meeting SDB Subcontracting Requirements (as applicable)

Cost Control (as applicable) Subcontractors

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://cpscontractor.nih.gov. In order to ensure that the https://cpscontractor.nih.gov/

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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 https://cpscontractor.nih.gov , CPS Info, Contractor Information, 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.

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.

https://cpscontractor.nih.gov/

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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 Technical Representative (COTR) 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: Tracey Strawbridge Suite 600, vpl-2 300 East Main Street Norfolk, VA 23510-9102 Tracey.strawbridge@uscg.mil

The contractor’s final invoice submitted under the contract must be marked as follows: ″THIS INVOICE

CONSTITUTES THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE NO OTHER MONIES

ARE DUE UNDER CONTRACT NUMBER (to be assigned upon contract award).

NOTE: 10% OF THE TOTAL CONTRACT PRICE WILL BE WITHHELD UNTIL ALL

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

CONTRACT DEFICIENCY REPORT

The Contracting Officer or Contracting Officer’s Technical Representative (COTR) may issue a Contract Deficiency Report (CDR), MLCA Form 005. The contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COTR. The COTR will comment on the contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the contractor, MLC(vr), the NESU and Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COTR in writing.

(End of FAR 52.212-4 Addendum) mailto:Tracey.strawbridge@uscg.mil

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FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Sep 2008)

(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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)

(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. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

X_ (4) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (5) [Reserved]

__ (6)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (7)(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.

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