Combined_Synopsis_ _Solicitation_NANTUCKET_CASREP.pdf

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 to:

COMMANDANT (CG-9131)

U S COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

2100 2ND ST SW STOP 7112

WASHINGTON DC 20593-7112

The Ombudsman Hotline telephone number is 202-372-3695.

HSCG80-13-Q-P45H48 PAGE 2 OF 49

USCGC NANTUCKET (WPB-1316)

EMERGENCY DRY DOCK REPAIRS

COMBINED SYNOPSIS/ SOLICITATION FOR

DRY DOCK REPAIRS FOR USCGC NANTUCKET (WPB 1316)

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued.

The solicitation is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-

65. This requirement is being solicited as a Total Small Business Set-aside using Simplified Acquisition

Procedures per FAR Subpart 13.5. The NAICS Code is 336611, Ship Building and Repairing with a small business size standard of 1,000 employees. The solicitation number is HSCG80-13-Q-P45H48

REQUIRED DOCUMENT

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

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

2. Completed USCGC NANTUCKET SCHEDULE (attachment) and Price Totals on Page 4

3. Past Performance Documentation

4. Small Business Self Certification annotating Small Business Status under NAICS Code 336611

5. Welding Certifications and Procedures

6. Dry Dock Facility and or Dry Dock Cradle ( if applicable) Certification

7. Statement of Insurance Coverage from current Insurance carrier

GEOGRAPHIC RESTRICTION: There is a geographic restriction for USCGC NANTUCKET; it is geographically restricted to 100 nautical miles from the cutter’s temporary homeport San Juan, PR or

100 nautical miles from the cutters permanent homeport St. Petersburg, FL. No contract shall be awarded to a facility located outside of a 100 nautical mile NM radius of either the cutter’s temporary homeport San Juan, PR or permanent homeport St. Petersburg, FL.

ANTICIPATED AWARD DATE

The anticipated award date is on or about 25 February, 2013, however it is subject to change. The government intends to award a fixed priced contract resulting from this solicitation to the responsible vendor whose complete quote, conforming to the solicitation, provides the best value.

Work covered by this solicitation shall be completed within thirty two (32) calendar days from the date the vessel becomes available to the Contractor. The availability is scheduled to start on or about 11

March, 2013 and end on or about 12 April, 2013. An arrival conference normally will be held within

48 hours of the scheduled start date.

HSCG80-13-Q-P45H48 PAGE 3 OF 49

QUESTIONS AND REQUEST FOR DRAWINGS: The last day to request drawings or ask questions regarding this solicitation is 20 February, 2013 at 3:00PM EST. After this date further requests may not be accepted due to time constraints. For questions regarding this solicitation, contact Timothy

Shuhart, Contract Specialist at (757) 628-4602 or Timothy.M.Shuhart@uscg.mil

QUOTATION DUE DATE

Quotations must arrive no later than 01:00 p.m. EST, 22 February, 2013. Proposals may be sent via electronic mail (e-mail) to Timothy.M.Shuhart@uscg.mil, or proposals may be sent via the US

Postal Service or hand delivered to: USCG Surface Forces Logistics Center, Attn: Timothy Shuhart, 300 East Main Street, Suite 600, Norfolk, VA 23510. As per FAR 52.215-5 FACSIMILE

PROPOSALS (OCT 1997), vendors may submit facsimile quotes as responses to this solicitation. E-mail and Facsimile proposals are subject to the same rules as paper proposals. The telephone number for receiving facsimiles is (757) 628-4628.

PLEASE NOTE: QUOTATIONS THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS

MAY BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED.

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 dock 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 offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offeror’s risk. All proposals submitted in response to this solicitation shall stand firm for

60 calendar days from the response date of this solicitation.

Each quoter shall furnish the information required by the solicitation.

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

1. Schedule of Supplies and Services filled out with a cost associated with each CLIN and cost and breakdown as outlined on pages, 4-5of 49.

2. Past Performance Documentation as outlined on page 13-14 of 49

3. Small Business Self Certification

4. Welding Certifications and Procedures

5. Proof of Insurance (Statement of Coverage from current Insurance carrier) as outlined on page 22 of 49

ALL CONTRACTORS ARE RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR

QUOTES.

mailto:Timothy.M.Shuhart@uscg.mil

HSCG80-13-Q-P45H48 PAGE 4 OF 49

PRICING DATA

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.”

ITEM DESCRIPTION UNIT

PRICE

UNIT QTY EXTENDED

PRICE

D-001 Main Reduction Gear Assembly, Renew JOB 1

D-002 Propulsion Shafting, Remove, Inspect, and

Renew install

JOB 1

D-003 Mechanical Shaft Seal Assemblies, Overhaul JOB 1

D-004 Propulsion Shaft Bearings (External), Renew JOB 1

D-005 Propulsion Shaft Stern Tube Forward Bearing, Renew

JOB 1

D-006 Propulsion Shaft, Forward Bearing Housing, Renew

JOB 1

D-007 Propeller, Remove, Inspect, and Reinstall JOB 1

D-008 Drydocking JOB 1

D-009 Temporary Services, Provided JOB 1

D-010 Propulsion System, Alignment Check JOB 1

D-011 Data Service, Provide Job 1

D-012 Sea Trial Performance, Provide Support Job 1

O-A Composite Labor Rate` Hour 500

D-B GFP Report NSP EA 1 NSP

O-Z Laydays` Day 5

Total Price of Definite Items

Total Price of Optional Items

HSCG80-13-Q-P45H48 PAGE 5 OF 49

Total Price of Definite and Optional Items

Inspection and Acceptance is at destination

CONTRACT CLAUSES & PROVISIONS

(1) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2013)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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) (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 (Apr 2010)

(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (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 (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

HSCG80-13-Q-P45H48 PAGE 6 OF 49

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting

Requirements (Jul 2010) (Pub. L. 111-5).

_X_ (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31

U.S.C. 6101 note).

___ (7) 52.209-9, Updates of Publicly Available Information Regarding

Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic

Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub.

L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov

2011) (15 U.S.C. 657a).

___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (11) [Reserved]

_X_ (12) (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).

___ (13) (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) Alternate II (Mar 2004) of 52.219-7.

_X_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C.

637(d)(2) and (3)).

_X_ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C.

637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

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___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

_X_ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C.

644(r)).

_X_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C.

637(a)(14)).

___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15

U.S.C. 637(d)(4)(F)(i)).

___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—

Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—

Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10

U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business

Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr

2012) (15 U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged

Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C.

637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business

(WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C.

637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies

(Mar 2012) (E.O. 13126).

HSCG80-13-Q-P45H48 PAGE 8 OF 49

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C.

4212).

_X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)

(29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C.

4212).

_X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496).

___ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive

Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for

EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec

2007) (42 U.S.C. 8259b).

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of

Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade

Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-

HSCG80-13-Q-P45H48 PAGE 9 OF 49

77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-

42, and 112-43).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19

U.S.C. 3301 note).

___ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)

(E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets

Control of the Department of the Treasury).

___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

(42 U.S.C. 5150).

___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency

Area (Nov 2007) (42 U.S.C. 5150).

___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb

2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41

U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor

Registration (Oct. 2003) (31 U.S.C. 3332).

___ (48) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central

Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

HSCG80-13-Q-P45H48 PAGE 10 OF 49

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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.]

___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)

(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and

41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price

Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--

Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to

Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.

13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(Mar 2009) (Pub. L. 110-247).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

HSCG80-13-Q-P45H48 PAGE 11 OF 49

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-

252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.

793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

HSCG80-13-Q-P45H48 PAGE 12 OF 49

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007)

(41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for

Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar

2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) 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 include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

(2) FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX

OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS

DESCRIPTIONS ITEMS (JUN 1988)

a. Orders for U.S. Coast Guard specification reference drawings must be placed within 10 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD-ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.). Drawing measurements should be verified by the Contractor prior to ordering materials.

(End of Provision)

(3) FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

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QUOTES SHALL BE EVALUATED USING THE FOLLOWING CRITERIA:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

FACTOR 1 - PAST PERFORMANCE:

The offeror shall identify at least two (2) but no more than three (3) relevant (construction, overhaul, repair and alteration of ships) and current federal, state or local government or private contracts performed during the last three (3) years. For each contract, list:

(a) Contract number and customer point of contact (including two (2) points of contact with telephone numbers)

(b) Dollar value of the contract (Original and Final)

(c) Type of service performed and whether Prime or subcontractor

(d) Required completion date for the contract

(e) Date the services were actually completed

(f) Ship Name, Hull Number

(g) Contract type (FFP, IDIQ, Requirement, Cost Type)

(h) Percentage of growth in contract price (Additional work divided by award price)

If subcontracting arrangement is proposed, the above data must also be provided for each first tier subcontractor. If a joint effort or teaming arrangement is proposed, highlight previous experience with the proposed team or subcontractor.

The past performance evaluation will take into account the guidelines outlined at FAR 15.305(a)(2) Past

Performance Evaluation. The Contractor’s past performance will be evaluated according to the following factors and questions:

Quality of Product or Service

Did the customer get what was specified?

Did the customer consider the final product high in quality?

If warranty issues arose, were they promptly corrected?

Schedule

Was the contract completed on time? If not, reason why not (growth work, Contractor delayed, government delayed?)

Business Relations

How was the customer service? Was the Contractor committed to customer satisfaction?

Would you use this company again (Why/Why not)?

Management of Key Personnel

Were subcontracts involved? Comments?

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In evaluating Contractors past performance, the government intends to also review U.S. Coast Guard

Contractor Performance Assessment Reports and other existing past performance ratings on relevant contracts. General trends in a Contractor’s performance will also be considered.

A quote without a record of relevant, past performance will not be evaluated favorably or unfavorably on past performance.

FACTOR 2 - PRICE:

Offeror’s price shall represent the best price in response to the request for quotes. The price shall be evaluated to determine fairness and reasonableness.

****Past Performance is more important than Price****

Award may be made without any type of discussions or negotiations. This is based on the Contracting

Officer’s determination after an evaluation has been completed on all offers.

FAR 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

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

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

Place of Performance Name and Address of Owner and

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

State, Zip Code) than Offer or Respondent

DISTANCE FACTOR ADJUSTMENT

(a) The work may be accomplished at the Contractor's Facility. If the Contractor is to perform the work at the Contractor's facility, the following distance adjustment factors will be applied to the prices proposed for this work. If the work is performed at the vessel's home pier, the following distance adjustment factors are not applicable.

(b) The permanent homepier of the vessel is located at St. Petersburg, FL 33701, the temporary homeport is located at San Juan, PR. If the work covered by this solicitation is performed elsewhere

HSCG80-13-Q-P45H48 PAGE 15 OF 49

than the homepier of the vessel, the Coast Guard will incur certain costs incident to moving the vessel to and from such location. Furthermore, Coast Guard inspection and other support in connection with the work covered by this solicitation will be provided by SFLC Naval Engineering Support Unit (NESU) listed in the following paragraphs, which is responsible for support of the vessel. If work is performed elsewhere than at these SFLC locations, the Coast Guard will incur certain costs incident to providing inspection and other support.

Note: The following foreseeable cost factors may be evaluated. The Contracting Officer will determine the applicability of these costs based on the circumstances of each acquisition.

FORESEEABLE COST FACTORS PERTAINING TO DIFFERENT SHIPYARD LOCATIONS

(1) There will be a transportation cost for one (1) U.S. Coast Guard Representative(s) for one (1) round trip(s) between the Contractor's offered place of performance and NESU Miami, FL at the cost of coach-type airfare to be taken from the official airline guide or at a cost of $0.555 per mile if no airline service is available.

(2) If the Contractor's offered place of performance is more than fifty (50) driving miles from

NESU Miami, FL, the "Per Diem" expenses for thirty two (32) days to support one (1) U.S. Coast

Guard Representative(s) while in the city of the place of contract performance will be determined in accordance with the Joint Federal Travel Regulations (JFTR).

(3) Facility costs to navigate vessel between its homepier and the Contractor's offered place of performance (round trip) is $43.21 per nautical mile.

(4) Family separation allowance for ten (10) personnel with dependents on board at $8.33 per day for each personnel for thirty two (32) day(s) each when the place of performance is more than fifty (50) driving miles from the homepier of the vessel. The entitlement is calculated from the date the vessel leaves homeport and ends upon return to homeport. All travel dates will be included in this calculation.

See U.S. Coast Guard Pay Manual, COMDTINST M7220.29, Chapter 3-F.

(5) Crew's transportation during overhaul away from home port. As required by 37 USC 406 b.

and Chapter 7, Part F1 of the Joint Federal Travel Regulations (JFTR), on the thirty-first (31) day of a ship being away from home port, and every sixty (60) days thereafter, all personnel with dependents will be provided round trip coach type airfare to the ship's home pier. There will be one (1) home port visit(s) during the performance of this contract. The vessel has ten (10) personnel with dependents onboard. The cost of this airfare will be determined from the official airline guide. The calculation of trips does not include travel time to and from the overhaul place of performance. See Joint Federal

Travel Regulations (JFTR), Chapter 5, Part C, paragraph U5222 and Chapter 7, Part F, paragraph

U7115.

(End of FAR 52.212-2)

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(4) FAR 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION

OTHER THAN COST OR PRICING DATA (OCT 2010) ALT IV

(a) Submission of cost or pricing data is not required

(b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination.

The information may be as follows:

REQUEST FOR INFORMAL COST BREAKDOWN

In addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below:

Trade, (i.e. laborers, rigger, etc.)

Breakdown of labor grades by trade category

Manhours per trade, per labor grade

Cost/hour/trade

Supplies/materials (description & cost of each)

Sub-total

Pension Plans

Overhead at a rate of ______%

Profit at a rate of ________%

Total for item _____________

(5) FAR 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE

ITEM (MAR 1989) - VARIATION

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

HSCG80-13-Q-P45H48 PAGE 17 OF 49

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)

(6) 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEVIATION) (AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt

Payment Act.

(End of Clause)

(7) FAR 52.237-1 SITE VISIT (APR 1984)

The Request for Quotation (RFQ) is for the Emergency Dry Dock Repairs of the USCGC

NANTUCKET hereinafter referred to as “vessel”. The vessel’s temporary homeport is located at San

Juan, PR 00901, and the permanent homeport is located at St. Petersburg, FL 33701. The point of contact for site surveys is MKC Tracy Glatt or MKC Phillip Blackwell, they can be reached at 787 729-

4389 or 305 333-5860 . The Contract Specialist is Timothy Shuhart, who can be reached at 757-628-

4602.

(8) 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

FAR 52.211-15 Defense Priority and Allocation Requirements (APR 2008) DO-N5 Rating

FAR 52.215-5 Facsimile Proposals. (OCT 1997)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997)

Alternate I (JUL 1995)

FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997)

HSCG80-13-Q-P45H48 PAGE 18 OF 49

FAR 52.232-18 Availability of funds (APR 1984)

FAR 52.245-1 Government Property (APR 2012)

FAR 52.245-9 Use and Charges (APR 2012)

HSAR 3052.211-70 Index for Specifications (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 3052.217-95 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)

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

(JUNE 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)—

HSCG80-13-Q-P45H48 PAGE 19 OF 49

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

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

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

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

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

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

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

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

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

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

U.S.C. 395(b)(1).

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

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

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland

Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section

482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

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

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

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

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

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

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

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(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 provision)

HSCG80-13-Q-P45H48 PAGE 21 OF 49

(10) 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 ten (10) 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.

(End of clause)

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

2012) ADDENDUM

(12) HAZARDOUS WASTE

Contractors performing dockside ship repair work at Government facilities are required to comply with

FAR 52.223-3, Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I, the U.S.

Coast Guard shipboard hazardous waste policy, as prescribed in COMDINST M16478.1B, and MLCA standard specifications. Disposal of all hazardous wastes shall be performed by the Contractor and the

Contractor shall meet all federal and state requirements. The Contractor is also required to submit an acceptable hazardous waste management plan to the Port Engineer at the Arrival Conference. The plan will be reviewed by the facility hazardous waste manager. An acceptable plan must address, at a minimum, the following requirements:

(a) EPA and local authority hazardous waste generator ID numbers or registration of the

Contractors, his transporters, and disposal facilities (TSDFs);

(b) An inventory of all hazardous chemicals, compounds and other agents brought aboard the facility accompanied by their respective Material Safety Data Sheets;

(c) A list of all anticipated hazardous wastes to be generated and a federal/state/local regulation cross reference list for those wastes;

(d) Waste collection and containment procedures;

(e) A hazardous material spill and cleanup plan including tools and materials that will be on hand and readily available to facility containment and cleanup;

(f) Training certification for the Contractor's hazardous waste manager.

(13) 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.

HSCG80-13-Q-P45H48 PAGE 22 OF 49

(b) Contractors, therefore, must submit the following to the designated 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 Port Engineer a letter, notarized under oath, that such documents are not required.

(d) Contractors will submit the following to the designated 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.

(14) 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 States’ 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 and/or solicitation number as specifically insured.

(15) 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.

(16) GROWTH WORK

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(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 SFLC 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.