CONFIDENCE_RFQ.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

Commander

U.S. Coast Guard

Surface Forces Logistics Center

CPD-C&P1-MECPL

300 East Main Street, Suite 550

Norfolk, VA 23510

REQUEST FOR QUOTATION

HSCG80-13-Q –P45V70

USCGC CONFIDENCE (WMEC-619) DOCKSIDE REPAIRS

TABLE OF CONTENTS

DESCRIPTION PAGE NUMBER

SF 1449, Solicitation/Contract/Order for Commercial Items 1

Continuation of SF 1449 3

Contract Clauses

FAR 52.212-4 Contract Terms and Conditions Addendum 7

FAR 52.212-5 Contract Terms and Conditions Required to Implement 19

Statutes and Executive Orders

Contract Documents/Exhibits and/or Attachments

Statement of Work (Rev. Date) See Separate Attachment

Government Property Report 28

Solicitation Provisions

FAR 52.212-1 Instructions to Offerors Addendum 29

FAR 52.212-2 Evaluation Commercial Items, or other Evaluation

Factors for Award 31

FAR 52.212-3 Representations and Certifications-Commercial Items 32

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2113803P45V70

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG80-13-Q-P45V70

6. SOLICITATION

ISSUE DATE

19 June 2013

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Mable Lee

b. TELEPHONE NUMBER (no collect calls)

(757) 628-4820

8. OFFER DUE DATE/

LOCAL TIME

10 July 2013

2:00 PM EST

9. ISSUED BY CODE 52000

USCG Surface Forces Logistics Center

Attn: Mable Lee, Contract Specialist

300 E Main Street, Suite 550

Norfolk, VA 23510

E-mail: mable.l.lee@uscg.mil

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: %FOR:

SMALL BUSINESS WOMEN-OWNED SMALL

BUSINESS (WOSB)

HUBZONE SMALL NAICS:

BUSINESS ECONOMICALLY DISADVANTAGED 336611

WOMEN-OWNED SMALL (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8(A) 1,000

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING DO-NG

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Description of Supplies/Services

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

DUNS No.

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE

USCG Finance Center

1430A Kristina Way

Chesapeake, VA 23326

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS

IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The Contractor shall furnish all necessary labor, materials, services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified, to perform dockside repairs and alterations to the vessel in accordance with this solicitation and attached specification

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

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 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:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 3/2011)

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

CONFIDENCE (WMEC-619) 210’ Foot “A Class” Medium

Endurance Cutter Specification for Dockside Repairs (Rev-0, 07

June 2013)

Period of Performance is 04 September 2013 through 30

October 2013.

Work covered by this contract shall be completed within fifty-six (56) calendar days from the date the vessel becomes available to the contractor.

The availability is scheduled to start on or about 04 September

2013.

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK

NUMBER

PARTIAL FINAL

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)

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

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL

CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 3/2011)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

HSCG80-13-Q-P45V70 PAGE 3 OF 47

USCGC CONFIDENCE (WMEC-619)

DOCKSIDE 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 dockside 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 quotes submitted in response to this solicitation shall stand firm for 60 calendar days from the response date of this solicitation.

ALL CONTRACTORS ARE RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR

QUOTES/PROPOSALS.

REQUIRED DOCUMENTS:

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

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

2. Price Schedule filled out with a cost associated with each CLIN

3. Past Performance Documentation

4. Small Business Self Certification for applicable set-asides

5. Welding Certifications and Procedures

6. Proof of Insurance (Statement of Coverage from current Insurance carrier)

Mailed and e-mailed quotes will be accepted. Faxed quotes will not be accepted. E-mailed quotes may be sent to Mable Lee at mable.l.lee@uscg.mil or Tara Holloway at tara.m.holloway@uscg.mil.

PLEASE NOTE: QUOTES THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS MAY

BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED.

http://www.ccr.gov/ mailto:mable.l.lee@uscg.mil mailto:tara.m.holloway@uscg.mil

HSCG80-13-Q-P45V70 PAGE 4 OF 47

NOTE: ALL WORK WILL BE PERFORMED at the vessel’s homeport located at 9235 Grouper

Road, Cape Canaveral, FL 32920.

ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about 27 July

2013. Work covered by this solicitation shall be completed within fifty-six (56) calendar days from the date the vessel becomes available to the Contractor. The performance period is from 04

September 2013 to 30 October 2013. The availability is scheduled to start on or about 04

September 2013. An arrival conference normally will be held within 48 hours of the scheduled start date.

QUESTIONS AND REQUEST FOR DRAWINGS: The last day to request drawings or ask questions regarding this solicitation is 28 June 2013, 12:00 p.m. EST. After this date further requests may not be accepted due to time constraints. All questions should be forwarded to Mable Lee at mable.l.lee@uscg.mil.

Contract Type: This solicitation will result in the award of a firm-fixed price contract.

SCHEDULE OF SUPPLIES/SERVICES: SCHEDULE OF SUPPLIES/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.”

HSCG80-13-Q-P45V70 PAGE 5 OF 47

ITEM DESCRIPTION UNIT PRICE UNIT QTY EXTENDED PRICE

D-001 Tanks (Aviation Fuel Service), Clean and Inspect JOB 1

D-002 Tanks (Aviation Fuel Stowage and Overflow), Clean and Inspect JOB 1

D-003 Chain Lockers, Clean and Inspect

JOB 1

D-004 Tanks (MP Fuel Stowage and Overflow), Clean and Inspect

D-005 Tanks (MP Fuel Service), Clean and Inspect

D-006 Tanks (Hydraulic Oil Stowage and Service), Clean and Inspect

D-007 Tanks (Potable Water), Clean and Inspect JOB 1

D-008 Tanks (Lube Oil), Clean and Inspect

D-009 Voids (Accessible), Clean and Inspect

D-010 Tanks (Dirty Oil and Waste), Clean and Inspect

D-011 Propulsion Shafting, Strain Gauge Alignment Inspections

D-012 Vent Ducts (Engine and Motor Room All), Commercial Cleaning

D-013 Vent Ducts (Galley and Pantry Room All), Commercial Cleaning JOB 1

D-014 Vent Ducts (Laundry Supply and Exhaust), Commercial Cleaning JOB 1

D-015 Vent Ducts (All Other), Commercial Cleaning JOB 1

D-016 Anchor Windlass, Inspect and Service

D-017 Anchor Chains, Renew

D-018 Warping Capstan, Inspect and Service

D-019 Towing Bitts, Chocks, and Fairleads; Inspect and Test

D-020

Watertight Doors (External), Renew

D-021 Stack Space (01-99-0-Q)Structural Repair

D-022 Helo Talon Grids, Inspect and Test

D-023 Plenum Space Bulkhead, Renew

D-024 Bulkhead and Vent Duct, Renew

D-025 Officer Head Joiner Panels and Insulation, Renew

HSCG80-13-Q-P45V70 PAGE 6 OF 47

ITEM DESCRIPTION UNIT PRICE UNIT QTY EXTENDED PRICE

D-026 Compressors, Replace

D-027 Temporary Services, Provide

O-00A Composite Labor Rate

HOUR 639

D-00B GFP Report NSP EA 1 NSP

D-00C Travel and Per Diem

Total Price of Definite Items

Total Price of Option Items

Total Price of Definite and Optional Items

HSCG80-13-Q-P45V70 PAGE 7 OF 47

CONTRACT CLAUSES

(1) FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (Feb

2012)

(2) ADDENDUM FAR CLAUSE 52.212-4 is modified to add the following subparagraphs:

(3) HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE

EXPATRIATES (Jun 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland

Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The

Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal

Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the

Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the

Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

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

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

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

(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

HSCG80-13-Q-P45V70 PAGE 8 OF 47

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.

(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.

HSCG80-13-Q-P45V70 PAGE 9 OF 47

(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 quote.

(End of Provision)

(4) 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 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)

HSCG80-13-Q-P45V70 PAGE 10 OF 47

(5) 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 52.223-3 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 52.228-5 Insurance – Work on a Government Installation (Jan 1997)

FAR 52.242-2 Production Progress Reports (Apr 1991)

FAR 52.245-1 Government Property (Apr 2012)

FAR 52.245-9 Use and Charges (Apr 2012)

FAR 52.246-4 Inspection of Services -- Fixed Price (Aug 1996)

HSAR 3052.211-70 Index for Specifications (Dec 2003)

HSAR 3052.212-70

HSAR 3052.217-91

Contract Terms and Conditions Applicable to DHS Acquisition Commercial

Items

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

HSAR 3052.217-100

Department of Labor Safety and Health Regulations for Ship Repair (Dec

2003)

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 3052.242-72 Contracting Officer’s Technical Representative (Dec 2003)

(6) 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.

HSCG80-13-Q-P45V70 PAGE 11 OF 47

(7) 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 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.

(8) 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.

HSCG80-13-Q-P45V70 PAGE 12 OF 47

(9) 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.

(10) 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 quote submitted for a contract modification. Unless otherwise directed, the breakdown shall be submitted on an SFLC 002 quote 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 quote includes a request for a time extension, justification shall be furnished with the quote.

(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.

(11) DISCOVERIES AND CHANGES TO CONTRACT:

Work requests can be transmitted electronically by using email. The bullets below display the process of how work requests are to be followed during an availability:

Work Request Process will occur in the following order:

1. Condition Found Report-Generated by the contractor and provided to COTR

2. Condition Report Reply-Generated by the COTR and provided to Contractor

3. Work Request- WR and IGE are generated by the COTR and forwarded to KO

HSCG80-13-Q-P45V70 PAGE 13 OF 47

4. COTR provides copy of Work Request to the Contractor

5. Contractor’s Quote- Provided to the KO for the identified tasking on WR

6. Negotiations- If needed, take place to establish pricing

7. Approved Work Request- Forwarded to Contractor and COTR by the KO

8. Modification to Contract- The KS/KO will issue a modification covering all WR’s

(12) COMPOSITE LABOR RATE:

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

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

(1) direct labor wages and salaries;

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

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

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

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

(6) profit (fee); and

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

Supervision and Management Planning and Estimating

Material Handling Housekeeping

Engineering Transportation/Drivers

Quality Assurance Contract Administration

Security Testing

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

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

Contractor to compensation if not exercised.

HSCG80-13-Q-P45V70 PAGE 14 OF 47

(13) 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 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.

(14) 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

HSCG80-13-Q-P45V70 PAGE 15 OF 47

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.

(15) CONTRACTOR PERFORMANCE EVALUATION

The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare a Contractor Performance Assessment Report

(CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 30 days to respond to the SLFC’s assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system at https://www.cpars.csd.disa.mil.

(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.

(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.

(16) METHOD OF PAYMENT AND INVOICING INSTRUCTIONS

INVOICE SUBMISSION PROCESS:

1. The Contractor shall prepare a proper invoice IAW FAR clause 52.212-4, and in addition to the information required by FAR 52.212-4(g) as cited in the contract. All invoices shall be itemized to correlate to the Schedule of Supplies/Services.

(A) 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:

(B) 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.)

(C) In addition to the information required by FAR 52.212-4 (g) Invoices shall include:

1) Contract Number, Delivery Order/Task Order Number, DOC Number

2) Name and Address of the Contractor https://www.cpars.csd.disa.mil/

HSCG80-13-Q-P45V70 PAGE 16 OF 47

3) Invoice Number and Invoice Date

4) DUNS Number

5) Name of the Contract Specialist and Contracting Officer’s

6) Invoice Routing Code (IRC): SFLC -1

7) Indicate Small Business Status

8) Indicate if Final Invoice The Contractor’s final invoice submitted under the contract must be marked as follows: THIS INVOICE CONSTITUTES THE FINAL INVOICE –

9) UPON PAYMENT OF THIS INVOICE NO OTHER MONIES ARE DUE UNDER

CONTRACT NUMBER (to be assigned upon contract award).

10) The percentage of completion for each CLIN identified;

11) Vessel name

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

13) Shipping and Payment Terms

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

All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment.

2. The Contractor shall forward invoices via e-mail _anais.f.greenley@uscg.mil or in person to the Contracting Officer’s Representative (COR).

3. The COR shall review and verify invoices, sign the invoice and return the invoice to the Contractor.

4. The Contractor shall complete the Contractor Invoice Submission Form (sample attached).

5. The Contractor shall submit the Contractor Invoice Submission Form, a PDF file of the invoice, and any necessary documents for supplies or services via the U.S. Coast Guard Finance Center website at:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

Contractor Invoice Submission Form

Directions: Please complete as much information as possible. All blocks in red text are required entries.

Note: Web-Invoices are accepted only for Coast Guard Contracts over the Simplified Acquisition Threshold (Document Type 24).

THIS WEB FORM IS NOT AN OFFICIAL INVOICE. THE OFFICIAL INVOICE MUST BE ATTACHED

Invoice Information

Invoice Routing Code:

SFLC-1

(help)

Invoice Number: (help)

Contract Number: (help) Invoice Date:

MM/DD/YY

(help)

BPA Number: (help) Invoice Amount:

0.00

(help)

Delivery/Task Order Number: (help) Discount Terms:

00.00

Discount Days:

Net Days:

(help) mailto:_anais.f.greenley@uscg.mil

HSCG80-13-Q-P45V70 PAGE 17 OF 47

Company Information Attachment of Official Invoice

Company Name: (help)

DUNS: Plus 4: (help)

Point of Contact Name: (help)

Point of Contact Email: (help)

Phone: (help) Fax: (help)

Please verify your entry on the next page. Attach invoice and any supporting documentation after verification.

Attachment must be a single PDF file no larger than 3 MB. Grey-scale PDFs are not compatible.

This will be our official invoice. Supporting documentation must be combined in the single

PDF file or submitted to your contracting office separately via email.

Need help creating a PDF file? Click here for instructions.

Verify

Reset

6. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice

Routing Code for this contract is SFLC-1.

7. Visit the U.S. Coast Guard Finance Center Website for instructions regarding invoice attachments.

8. A copy of the invoice and any supporting documentation shall also be e-mailed to the following individual:

_mable.l.lee@uscg.mil

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.

http://www.fincen.uscg.mil/centralinv/central_inv_PDF_notice.htm http://www.fincen.uscg.mil/centralinv/central_inv_PDF_notice.htm mailto:_mable.l.lee@uscg.mil

HSCG80-13-Q-P45V70 PAGE 18 OF 47

FURTHER CONSIDERATIONS WITH INVOICING:

In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web based submission by the contractor and receipt confirmation does not reflect

Government review or acceptance of the invoice.

(5) For inquiries and payment status please visit https://fincen.uscg.mil/secure/payment.htm

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, the DUNS number shall be recorded on every invoice submitted to the U.S. Coast Guard.

https://fincen.uscg.mil/secure/payment.htm

HSCG80-13-Q-P45V70 PAGE 19 OF 47

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.

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

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

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

(17) FAR 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.

(18) CONTRACT DEFICIENCY REPORT

The Contracting Officer or Contracting Officer’s Technical Representative (COTR) may issue a Contract

Deficiency Report (CDR), SFLC 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 and Availability 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)

(19) 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:

HSCG80-13-Q-P45V70 PAGE 20 OF 47

DOCKSIDE REPAIRS

(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:

_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).

___ (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).

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

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

HSCG80-13-Q-P45V70 PAGE 21 OF 47

DOCKSIDE REPAIRS

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

Business Concerns (Jan 2011) (if the offeror elects to waive…