FY14_Shiprepair_DD_Solicitation_IDIQ_FINAL_61113.pdf

NOTICE FOR FILING AGENCY PROTESTS

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

Interested parties are encouraged to seek resolution of their concerns within the Coast Guard as an

Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal forum with the Ombudsman. Interested parties who believe that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the

Coast Guard Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, an independent review is available by the

Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government.

The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth at FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be forwarded to the address below:

COMMANDANT (CG-9131)

U S COAST GUARD

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-PBPL

300 East Main Street, Suite 600

Norfolk, VA 23510

REQUEST FOR PROPOSALS

HSCG80-13-R-P45006

Multiple Award Task Order Contract for Dry-Dock Maintenance and Repairs on

87’ and 110’ Patrol Boat Cutters

TABLE OF CONTENTS

DESCRIPTION PAGE NUMBER

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

Continuation of SF 1449 2

Contract Clauses

FAR 52.212-4 Contract Terms and Conditions Addendum 11

FAR 52.212-5 Contract Terms and Conditions Required to

Statutes and Executive Orders 28 - 37

Contract Documents/Exhibits and/or Attachments

Statement of Work (87’ and 110’, Feb 14, 2013/Rev. 0) See Separate (Attachment 1)

Schedule of Supplies/Services and Price/Cost Sheets See Separate (Attachment 2)

Past Performance Information (PPI) See Separate (Attachment 3)

Government Property Report 37

Solicitation Provisions

FAR 52.212-1 Instructions to Offerors Addendum 39

FAR 52.212-2 Evaluation Commercial Items, or other 41

Evaluation Factors for Award

FAR 52.212-3 Representations and Certifications-Commercial Items 48

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2114804P45006

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG80-13-R-P45006

6. SOLICITATION

ISSUE DATE

June 11, 2013

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Susan Kreider, Contract Specialist

b. TELEPHONE NUMBER (no collect calls)

(757) 628-4644

8. OFFER DUE DATE/

LOCAL TIME

August 12, 2013

1200 EDT

9. ISSUED BY CODE 52000

USCG Surface Forces Logistics Center

Attn: Susan Kreider

300 E Main Street, Suite 600

Norfolk, VA 23510

E-mail: Susan.A.Kreider@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-N5

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

Multiple Award Task Order Contract for Dry Dock

Maintenance and Repairs on 87’ and 110’ Coastal

Patrol Boats All work is to be performed in accordance with (87’ &

110’ WPB Multi-Cutter ) Specification dated February 14, 2013/Rev-0.

SEE SEPARATE ATTACHMENT FOR

SCHEDULE B

(Use Reverse and/or Attach Additional Sheets as Necessary)

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.

[x] 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN ONE COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO

FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE 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

HSCG80-13-R-P45006 PAGE 2 OF 61

USCGC 87’ AND 110’ PATROL BOAT

DRYDOCK REPAIRS - IDIQ

19.

ITEM

NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

FAR 52.232-18 Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The

Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the

Contracting Officer for this contract and until the

Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

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

STANDARD FROM 1449 (REV. 3/2011) BACK

HSCG80-13-R-P45006 PAGE 3 OF 61

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

System for Award Management (SAM). To receive award Contractor must be registered in the System for Award Management (SAM) www.sam.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 ACQUISITION:

(a) This acquisition will result in the award of an Indefinite-Delivery/Indefinite Quantity (IDIQ) Firm-

Fixed-Price Multiple Award Task Order Contract (MATOC) for Drydock Maintenance and Repairs on all

87‘ and 110‘ Patrol Boat Cutters. The solicitation encompasses four (4) regions: West Coast (Continental

United States), West Coast (Hawaii), Northeast Coast, and Southeast Coast. The West Coast (Continental

US) Region will encompass the entire West Coast from Washington to California. The West Coast

(Hawaii) Region will encompass the entire state of Hawaii. The Northeast Coast Region will encompass the states of Maine to North Carolina. The Southeast Coast Region will encompass all states from South

Carolina to Texas to include the territory of Puerto Rico.

The four (4) regions shall be treated as separate MATOCs for contract administration purposes.

The government intends to award a minimum of eleven (11) contracts under a MATOC, with a minimum of: two (2) awardees and a maximum of: six (6) awardees in the West Coast region, with a minimum of: one (1) awardees and a maximum of: three (3) awardees in the West Coast

(Hawaii) region, with a minimum of: two (2) awardees and a maximum of: six (6) awardees in the Northeast Coast region, and with a minimum of: six (6) awardees and a maximum of: twelve

(12) awardees in the Southeast Coast region.

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

(c.) Failure to read the specifications in their entirety will not relieve the quoter from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the quoter 's risk. All proposals submitted in response to this solicitation shall stand firm for 120 calendar days from the response date of this solicitation.

http://www.sam.gov/

HSCG80-13-R-P45006 PAGE 4 OF 61

(d.) The MATOC will contain a base year and four (4) one-year option periods for a maximum of five (5) years.

(e.) The total estimated cost of this requirement is $118,000,000.00. Every contract awarded under this acquisition will reflect the aggregate MATOC ceiling of $118,000,000.00. The minimum guarantee is anticipated to be $10,000.00 per contract. The minimum per order is $10,000.00 and maximum per order is $4 million.

(f.) The period of performance for the contract(s) is December 15, 2013 through 14 December 2018 if all options are exercised.

(g.) This acquisition will be solicited in accordance with FAR Part 19.502-2 Total Small Business Set-

Asides. This acquisition is limited to small businesses firms located within the regions; West Coast

(Continental US), West Coast (Hawaii), Northeast Coast, and Southeast Coast.

ALL CONTRACTORS ARE RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR

PROPOSALS.

REQUIRED DOCUMENTS:

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

1. Signed 1449 with offeror‘s address, DUNS and all pages filled out, as applicable. Hard copies and CD

2. Technical Proposal (Part I). Hard copies and CD

3. Past Performance Proposal (Part II) Hard copies and CD

4. Price Proposal (Part III) Hard copies and CD

5. Small Business Self Certification

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

Mailed proposals ONLY will be accepted. Faxed proposals will not be accepted.

PLEASE NOTE: PROPOSALS THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS

MAY BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED.

GEOGRAPHIC RESTRICTION: Geographical restriction may be implemented at the Task Order level due to operational requirements and/or urgent repairs. Any geographical restrictions will be identified at the Task Order level and implemented accordingly.

QUESTIONS AND REQUESTS FOR DRAWINGS: The deadline to request drawings or ask questions regarding this solicitation is 01August 2013. After this date further requests may not be accepted due to time constraints.

ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about Nov 30, 2013.

Arrival conferences will be held within 48 hours of task order performance period start date. Vessels being drydocked shall be in drydock within seventy-two (72) hours of delivery. If a pre-docking shaft alignment is being performed, the vessel shall be drydocked within one-hundred and twenty (120) hours after arrival.

HSCG80-13-R-P45006 PAGE 5 OF 61

PRE-PROPOSAL CONFERENCE:

A pre-proposal conference will be held on the East Coast, on June 26, 2013 at 300 East Main Street, Norfolk, VA 8 th floor conference from 10:00 am to 12 pm. At this conference, we welcome any questions you might have. For those attending the conference on the East Coast, please provide the Contract

Specialist, Susan Kreider, susan.a.kreider@uscg.mil, the names of everyone that will be attending no later than close of business June 24, 2013.

A pre-proposal conference will be held on the West Coast, on June 27, 2013 via teleconference from

10:00 am PST to 12 pm PST. At this conference, we welcome any questions you might have. For those attending the conference on the West Coast, please provide the Contract Specialist, Susan Kreider, susan.a.kreider@uscg.mil, the names of everyone that will be attending no later than close of business

June 24, 2013.

Contract Type: The Government contemplates award of a Firm Fixed Price (FFP) Indefinite Delivery

Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) resulting from this solicitation. Under these contracts, the Coast Guard will issue Task Orders. Task orders may be issued by mail, e-mail, facsimile, or orally (followed up in writing).

Minimum Guarantee: The minimum guarantee for all IDIQ contract(s) issued against this solicitation is

$10,000.00.

FAIR Opportunity Considerations: TASK ORDERS

1.) Awardees in the applicable region of the cutter will be afforded a fair opportunity to compete again at the task order level. Awardees competing at the task order level will have an opportunity to specify the contract pricing in place for that ordering period as applicable for the proposed task order or decrease applicable work item pricing. No increase in work item pricing will be permissible. The only time it may be necessary to deviate from the fair opportunity procedures is if an emergency situation arises that would not permit the cutter to travel to the contractors dry dock facilities due to the critical nature or severity of the emergent work to be performed.

Upon issuance of a new Task Order, Awardees within the applicable region of the cutter will receive an email notification detailing a new Task Order requirement. The email will identify the following:

a. Coast Guard Cutter and Vessel Homeport

b. Work Items expected to be awarded

c. Task Order Period of Performance

d. Foreseeable Cost Factors

e. Geographic Restriction

f. Any other miscellaneous information relevant to the applicable Task Order

g. Response Date

Upon receipt of a new Task Order email, if the contractor‘s dry dock facility is not available during the specified period of performance, please respond with a “No proposal response due to unavailability of dry dock facility.”

mailto:susan.a.kreider@uscg.mil mailto:susan.a.kreider@uscg.mil

HSCG80-13-R-P45006 PAGE 6 OF 61

If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

2.) In providing awardees a fair opportunity to be considered for each Task Order, the contracting officer shall consider the following factors:

(a.) Price will be the primary determining factor for Task Order award

(b.) Ability to comply with the Period of Performance

(c.) Past Performance on earlier task orders

(d.) Other factors relevant to the placement of delivery orders

Contractors competing for award of Task Orders may reduce prices by quoting lower prices than proposed and awarded under their Contract.

3.) EXCEPTIONS

Awardees need not be given an opportunity to be considered for a particular order, if the Contracting

Officer determines that:

(a.) The agency need for such supplies or services is of such urgency that providing such opportunity would result in unacceptable delays. An emergent situation that would not permit the cutter to travel to the contractor‘s dry dock facilities due to the critical nature or severity of the emergent work to be performed is applicable to this exception, as well as, mitigating costs to transport a disabled cutter.

(b.) Only one such contractor is capable of providing such supplies and/or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(c.) The order should be issued on a sole source basis in the interest of economy and efficiency as a logical follow-on order already issued under this contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(d.) It is necessary to place an order to satisfy a minimum guarantee.

Performance Period: The performance period for this requirement includes one base year and four option years. The period of performance will be from date of contract award through one year for the base period, and additional one year periods for each option exercised. The Performance Period for each individual requirement will be designated on each Task Order.

DISTANCE FACTOR ADJUSTMENT

(a) The work shall be accomplished at the Contractor's Facility. Distance adjustment factors will be applied and evaluated upon receipt of a pricing proposal in response to issuance of a Task

Order Request.

HSCG80-13-R-P45006 PAGE 7 OF 61

(b) The homepier of the vessel will be provided in the Task Order Request for Pricing. The Coast

Guard will incur certain costs incident to moving the vessel to and from the Contractor’s facility and for providing inspection and other support. 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.

(c) The following is an example of the foreseeable cost factors that will be evaluated at the Task

Order level. The Contracting Officer will determine the applicability of these costs based on the circumstances of each Task Order.

EXAMPLE FORESEEABLE COST FACTORS PERTAINING TO DIFFERENT SHIPYARD

LOCATIONS

(1) There will be a transportation cost for ____ (__)U.S. Coast Guard Representative(s) for

_________ round trip(s) between the Contractor's offered place of performance and NESU

__________________ at the cost of coach-type airfare to be taken from the official airline guide or at a cost of $0.565 [check current GSA rate] 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 _____________, of this section, the "Per Diem" expenses for _______ ( ) days to support ____ ( ) 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 home pier and the Contractor's offered place of performance (round trip) is $33.35 per nautical mile for an 87’ cutter and $43.21 per nautical mile for 110’ cutters.

(4) Family separation allowance for ____(___) personnel with dependents on board at $8.33 per day for each personnel for *___ (___) days 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 homepier. There will be

_____ (___) home port visit during the performance of this contract. The vessel has _____ (___) 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)

ROLLING ADMISSIONS

HSCG80-13-R-P45006 PAGE 8 OF 61

SFLC does not envision expanding the pool of awarded contractors after the initial base awards are made. However, SFLC retains authority for maintaining an appropriate level of industrial support under the multi-award IDIQ and will do so, if necessary, to permit additions to the pool of awarded contractors for reasons including, but not limited to: consistent failure to respond to

RFQs, repeated poor performance or an inability to continue performance (bankruptcy, for instance).

SFLC C&P1 PBPL shall initiate the process for the new admissions process via public notice in in FedBizOpps. After a notice period of 15 days, a source selection process identical to the initial solicitation HSCG80-13-R-P45006 will be issued, utilizing a similar or identical notional package for pricing and technical proposal development and also would identify the number of additional awards sought by SFLC C&P1 PBPL. Evaluation criteria would be the same as for the original source selection. The resultant contract(s) end date would coincide with the original contract(s) end date. The decision to activate the rolling admission provision will be entirely at the discretion of the procuring contracting officer in order to ensure adequate competition and capacity throughout the five-year term of the contract.

HSCG80-13-R-P45006 PAGE 9 OF 61

SUPPLIES/SERVICES AND PRICES/COSTS FOR:

BASE YEAR : 15 December 2013-14 December 2014

ITEM DESCRIPTION

BASE YEAR TOTAL

PRICE

87’ WPB work items (Work Item 1 – 125)

0002 110’ WPB work items (Work Item 126 – 292) $

Total Base Year $

OPTION YEAR 1: 15 December 2014-14 December 2015

OPTION YEAR 1

TOTAL PRICE

1002 110’ WPB work items (Work Item 126 – 292) $

Total Option Year 1 $

HSCG80-13-R-P45006 PAGE 10 OF 61

OPTION YEAR 2: 15 December 2015-14 December 2016

OPTION YEAR 2

UNIT PRICE

2002 110’ WPB work items (Work Item 126 – 292) $

Total Option Year 2 $

OPTION YEAR 3: 15 December 2016-14 December 2017

OPTION YEAR 3

UNIT PRICE

3002 110’ WPB work items (Work Item 126 – 292) $

Total Option Year 3 $

HSCG80-13-R-P45006 PAGE 11 OF 61

Additional Work Items may be added on the comprehensive List of Work items as determined necessary by the contracting officer to accommodate work efforts that may be required during the dry-docking of the 87’ and 110’ Class Cutters.

OPTION YEAR 4: 15 December 2017-14 December 2018

OPTION YEAR 3

UNIT PRICE

4002 110’ WPB work items (Work Item 126 – 292) $

Total Option Year 4 $

Total Base Year and all Option Years $

HSCG80-13-R-P45006 PAGE 12 OF 64

CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(FEB 2012) ADDENDUM

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Branch Chief, CPD, C&P1 and shall not be binding until so approved.

FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative

Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract

Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award

Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and

Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

HSCG80-13-R-P45006 PAGE 13 OF 61

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in

FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

FAR 52.216-18 – ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through one year for the base period, and additional one year periods for each option exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

FAR 52.216-19 – ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor –

(1) Any order for a single item in excess of $4,000,000.00.

(2) Any order for a combination of items in excess of $4,000,000.00 or

(3) A series of orders from the same ordering office within 5 (five) days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor‘s intent not to ship the item

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

https://www.acquisition.gov/ http://www.acquisition.gov/far/current/html/52_200_206.html#wp1137850

HSCG80-13-R-P45006 PAGE 14 OF 61

FAR 52.216-22—INDEFINITE QUANTITY (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 14 April 2019

FAR 52.217-9 – OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

FAR 52.232-19 – AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond September 30, 2014. The

Government‘s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the terms of the individual task orders issued, until funds are made available to the Contracting

HSCG80-13-R-P45006 PAGE 15 OF 61

Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

Clause 52.246-2 replaces (a) Inspection/Acceptance in Clause 52.212-4(a).

FAR 52.246-2 – INSPECTION OF SUPPLIES (AUG 1996)

(a) Definition. “Supplies” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor‘s or subcontractor‘s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)

(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the

Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes re-inspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies.

Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting

Officer may require or permit correction in place, promptly after notice, by and at the expense of the

Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without

HSCG80-13-R-P45006 PAGE 16 OF 61

disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the

Contractor or

(2) terminate the contract for default.

Unless the Contractor corrects or replaces the supplies within the delivery schedule, the

Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)

(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government‘s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor‘s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor

(1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor‘s plant at the Contracting Officer‘s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the

Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are

HSCG80-13-R-P45006 PAGE 17 OF 61

returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor‘s plant and return to the original point when that point is not the Contractor‘s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting

Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

Clause 52.246-4 replaces (a) Inspection/Acceptance in Clause 52.212-4(a)

FAR 52.246-4 – INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996)

(a) Definition: ―Services,‖ as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the

Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES

(JUN 2006)

HSCG80-13-R-P45006 PAGE 18 OF 61

(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 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

HSCG80-13-R-P45006 PAGE 19 OF 61

(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.

(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.

HSCG80-13-R-P45006 PAGE 20 OF 61

(End of provision)

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 by e-mail. When time is of essence, initial notification will be provided verbally followed within 24 hours by an e-mail or 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…