Dry-dock_IDIQ_Solicitation.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-MEC

300 East Main Street, Suite 550

Norfolk, VA 23510

REQUEST FOR PROPOSALS

HSCG80-13-R-P45068

Multiple Award Task Order Contract for Dry-Dock Maintenance and

Repairs on 210’ and 270’ Medium Endurance Cutters

TABLE OF CONTENTS

DESCRIPTION PAGE NUMBER

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

Continuation of SF 1449

Contract Clauses

FAR 52.212-4 Contract Terms and Conditions Addendum 9

FAR 52.212-5 Contract Terms and Conditions Required to Implement 30

Statutes and Executive Orders

Contract Documents/Exhibits and/or Attachments

Statement of Work (210‘ ―A&B Class‖ Rev. 0, 6 June 2012) See Separate (Attachment 1)

Schedule/Supplies/Services & Price Costs, 210‘ ―A&B Class‖ See Separate (Attachment 2)

Statement of Work (270‘ ―A&B Class‖ Rev. 0, 11 June 2012) See Separate (Attachment 3)

Schedule/Supplies/Services & Price Cost, 270‘ ―A&B Class‖ See Separate (Attachment 4)

Past Performance Information (PPI) See Separate (Attachment 5)

Base Seattle - Visitor Access List See Separate (Attachment 6)

Government Property Report 38

Solicitation Provisions

FAR 52.212-1 Instructions to Offerors Addendum 39

FAR 52.212-2 Evaluation Commercial Items, or other Evaluation 44

Factors for Award

FAR 52.212-3 Representations and Certifications-Commercial Items 53

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2413803P45068

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG80-13-R-P45068

6. SOLICITATION

ISSUE DATE

10/17/2012

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Arlene Woodley, Contract Specialist

b. TELEPHONE NUMBER (no collect calls)

(757) 628-4639

8. OFFER DUE DATE/

LOCAL TIME

12/12/2012

12PM EST

9. ISSUED BY CODE 75174

USCG Surface Forces Logistics Center

Attn: Arlene Woodley/CPD-C&P1-MECPL

300 E Main Street, Suite 550

Norfolk, VA 23510

E-mail: arlene.v.woodley@uscg.mil

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100%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-A3

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 210’ and 270’ Medium Endurance

Cutters

All work is to be performed in accordance with (210’ Medium

Endurance Cutters) Specification dated June 06, 2012/Rev-0.

All work is to be performed in accordance with (270’ Medium

Endurance Cutters) Specification dated June 11, 2012/Rev-0.

SEE SEPARATE ATTACHMENT FOR SCHEDULE B

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

HSCG80-13-R-P45068 Page 2 of 71

USCGC 210‘ AND 270‘ WMEC

DRYDOCK REPAIRS - IDIQ

19.

ITEM

NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE SEPARATE ATTACHMENT

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-R-P45068 Page 3 of 71

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 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 210‘ and 270‘ Medium Endurance Coast Guard Cutters. The solicitation encompasses three (3) Regions; West Coast, Northeast, and Southeast. The West Coast Region will encompass the entire West Coast. The Northeast Region of the East Coast will encompass the states of Maine, Massachusetts, New Jersey, and Virginia. The Southeast Region of the East

Coast will encompass the states of Virginia, North Carolina, South Carolina, Georgia, Florida and Mississippi and Texas. There is an overlap within the Northeast and Southeast Regions in regard to the State of Virginia. The Government intends to award up to six (6) contracts, unless the Source Selection Authority (SSA) determines that award of more than six (6) contracts is in the best interest of the Government.

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

(d.) The total estimated cost of this requirement is $60,206,520.00. Every contract awarded under this acquisition will reflect the aggregate MATOC ceiling of $60,206,520.00. The minimum guarantee is anticipated to be $25,000.00 per contract. The minimum per order is $25,000.00 and maximum per order is $3 million.

(e.) The period of performance for the contract(s) is March 1, 2013 through 28 February 2018.

http://www.ccr.gov/

HSCG80-13-R-P45068 Page 4 of 71

(f.) 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, Northeast, and Southeast.

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 quotes 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: Geographic restriction may be implemented at the Task

Order level due to operational requirements and/or urgent repairs. Any geographic restrictions will be identified at the Task Order level and implemented accordingly.

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

1, 2013. Arrival conferences will be held within 48 hours of task order performance period start date. Vessels being dry docked shall be in dry dock within seventy-two (72) hours of delivery.

If a pre-docking shaft alignment is being performed, the vessel shall be dry docked within one-hundred and twenty (120) hours after arrival.

QUESTIONS AND REQUEST FOR DRAWINGS: The last day to request drawings or ask questions regarding this solicitation is November 14, 2012. After this date further requests may not be accepted due to time constraints.

PRE-PROPOSAL CONFERENCE:

A Pre-Proposal Conference will be held on the West Coast, on November 1, 2012, at the U.S.

Coast Guard Base Seattle, 1519 Alaskan Way South, Seattle, WA, Building 3, NESU Training

Room from 10:00am to 12:00pm. At this conference, we welcome any questions you might have. All Contractors must complete Attachment (6): Base Seattle – Visitor Access List, HSCG80-13-R-P45068 Page 5 of 71 and return that list to the Contract Specialist, Arlene Woodley, arlene.v.woodley@uscg.mil, NLT 12:00 p.m. EST, October 26, 2012.

A Pre-Proposal Conference will be held on the East Coast, on November 8, 2012, at 300 East

Main Street, Norfolk, VA, 8 th floor Conference Room from 10:00am to 12:00pm. At this conference, we welcome any questions you might have. For those attending the conference on the East Coast, please provide the Contract Specialist, Arlene Woodley, arlene.v.woodley@uscg.mil, the names of everyone that will be attending no later than close of business November 5, 2012.

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, and orally (followed up in writing).

Minimum Guarantee: The minimum guarantee for the all IDIQ contract(s) issued against this solicitation is $25,000.00.

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. Forseeable 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:arlene.v.woodley@uscg.mil mailto:arlene.v.woodley@uscg.mil

HSCG80-13-R-P45068 Page 6 of 71

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

(a.) Price

(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. 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.

HSCG80-13-R-P45068 Page 7 of 71

SCHEDULE OF SUPPLIES/SERVICES: SCHEDULE OF SUPPLIES/SERVICES:

SUPPLIES/SERVICES AND PRICES/COSTS FOR:

BASE YEAR : 1 MARCH 2013 - 28 FEBRUARY 2014

ITEM DESCRIPTION BASE YEAR TOTAL PRICE

0001 TOTAL WORK ITEMS FOR 210‘ CLASS CUTTERS $

0002 TOTAL WORK ITEMS FOR? 270‘ CLASS CUTTERS $

Total Base Year $

OPTION YEAR 1 : 1 MARCH 2014 - 28 FEBRUARY 2015

ITEM DESCRIPTION OPTION YEAR 1 TOTAL PRICE

1001 TOTAL WORK ITEMS FOR 210‘ CLASS CUTTERS $

1002 TOTAL WORK ITEMS FOR? 270‘ CLASS CUTTERS $

Total Option Year 1 $

OPTION YEAR 2 : 1 MARCH 2015 - 29 FEBRUARY 2016

ITEM DESCRIPTION OPTION YEAR 2 TOTAL PRICE

2001 TOTAL WORK ITEMS FOR 210‘ CLASS CUTTERS $

2002 TOTAL WORK ITEMS FOR? 270‘ CLASS CUTTERS $

Total Option Year 2 $

HSCG80-13-R-P45068 Page 8 of 71

Additional Work Items may be added to 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 210‘ and 270‘ Class Cutters.

OPTION YEAR 3 : 1 MARCH 2016 - 28 FEBRUARY 2017

ITEM DESCRIPTION OPTION YEAR 3 TOTAL PRICE

3001 TOTAL WORK ITEMS FOR 210‘ CLASS CUTTERS $

3002 TOTAL WORK ITEMS FOR? 270‘ CLASS CUTTERS $

Total Option Year 3 $

OPTION YEAR 4 : 1 MARCH 2017 - 28 FEBRUARY 2018

ITEM DESCRIPTION OPTION YEAR 4 TOTAL PRICE

4001 TOTAL WORK ITEMS FOR 210‘ CLASS CUTTERS $

4002 TOTAL WORK ITEMS FOR? 270‘ CLASS CUTTERS $

Total Option Year 4 $

Total Base Year and all Option Years $

HSCG80-13-R-P45068 Page 9 of 71

CONTRACT CLAUSES

(1) 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.

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 proceeding 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:

HSCG80-13-R-P45068 Page 10 of 71

(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.

(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)

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.

https://www.acquisition.gov/

HSCG80-13-R-P45068 Page 11 of 71

(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)

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 25,000.00, 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 $3,000,000.00.

(2) Any order for a combination of items in excess of $3,000,000.00 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.

(End of Clause)

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

HSCG80-13-R-P45068 Page 12 of 71

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 180 (one-hundred and eighty) days after expiration of contract.

(End of Clause)

52.216-27 -- Single or Multiple Awards. (Oct 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of Provision)

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.

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52.232-19 -- Availability of Funds for the Next Fiscal Year. (Apr 1984)

AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond the terms of the individual task orders issued. 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 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).

52.246-2 -- Inspection of Supplies -- Fixed-Price (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

HSCG80-13-R-P45068 Page 14 of 71 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 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 --

HSCG80-13-R-P45068 Page 15 of 71

(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 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.

HSCG80-13-R-P45068 Page 16 of 71

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

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.

HSCG80-13-R-P45068 Page 17 of 71

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this address:

http://www.arnet.gov/far/index.html

FAR 52.211-14 Notice of Priority Rating for National Defense Use, Emergency

Preparedness, and Energy Use Program (APR 2008)

FAR 52.211-15 Defense Priority and Allocation Requirements (APR 2008) DO A3 Rating

FAR 52.217-8

Option to Extend Services (NOV 1999) The Contracting Officer may exercise the option by written notice to the Contractor within 7 days.

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 (AUG 2010)

FAR 52.245-9 Use and Charges (AUG 2010)

HSAR 3052.211-70 Index for Specifications (DEC 2003)

HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003)

HSAR 3052.217-91 Performance (DEC 2003)

HSAR 3052.217-92 Inspection and Manner of Doing Work (DEC 2003)

HSAR 3052.217-93 Subcontracts (DEC 2003)

HSAR 3052.217-94 Lay Days (DEC 2003)

HSAR 3052.217-95 Liability and Insurance (DEC 2003)

HSAR 3052.217-96 Title (DEC 2003)

HSAR 3052.217-97 Discharge of liens (DEC 2003)

HSAR 3052.217-98 Delays (DEC 2003)

HSAR 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair

(DEC 2003)

HSAR 3052.217-100 Guarantee (JUN 2006)

HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work

(DEC 2003)

HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003)

HSAR 3052.223-90 Accident and Fire Reporting (DEC 2003)

HSAR 3052.242-71 Dissemination of Contract Information (DEC 2003)

HSAR 3052.242-72 Contracting Officer‘s Technical Representative (DEC 2003)

HSAR 3052.245-70 Government Property Reports (AUG 2008) [Deviation])

HSCG80-13-R-P45068 Page 18 of 71

(3) 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 [15] days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

(End of clause)

(4) HAZARDOUS WASTE

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

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

U.S. Coast Guard shipboard hazardous waste policy, as prescribed in COMDINST M16478.1B, and

MLCA standard specifications. Disposal of all hazardous wastes shall be performed by the

Contractor and the Contractor shall meet all federal and state requirements. The Contractor is also required to submit an acceptable hazardous waste management plan to the Port Engineer at the

Arrival Conference. The plan will be reviewed by the facility hazardous waste manager. An acceptable plan must address, at a minimum, the following requirements:

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

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

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

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

(d) Waste collection and containment procedures;

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

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

The Contractor shall note the local environmental regulations in Boston, and for Boston Harbor, are more stringent than in many jurisdictions. As with all environmental regulations, it is the

Contractor's responsibility to research, prepare for, and comply with, the local and state regulations.

All waste generated under the performance of this contract shall be disposed under ISC Boston's

EPA hazardous waste generator ID number. The Contractor shall notify the Contracting Officer's

Technical Representative (COTR) 24 hours prior to any waste removals, and ensure that waste removals are conducted during normal business hours (0800-1600) on Monday through Friday

(excluding holidays). All hazardous waste manifests shall be reviewed and signed by ISC Boston hazardous waste personnel. The point of contact for environmental issues is the Environmental

Protection Specialist at ISC Boston (617)223-3387.

HSCG80-13-R-P45068 Page 19 of 71

(5) VOLATILE ORGANIC COMPOUNDS (VOC) REGULATIONS

(a) Contractors are required to comply with federal, state and local VOC compliance laws and regulations. Among other requirements, certain Contractors may also be required to operate pursuant to a Title V permit. The need for such a permit will depend on the provisions of the applicable state‘s ―State Implementation Plan‖ (SIP) and the type/quantity of the Contractor‘s regulated emissions, including VOCs. Certain SIPs may also mandate certain Contractors to operate under the terms of a compliance plan intended to reduce VOC emissions.

(b) Contractors, therefore, must submit the following to the designated 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.

(6) TELEPHONE CHARGE

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

Contractor.

(7) ACCESSIBILITY OF CONTRACTOR'S FACILITY

The Contractor shall provide a facility accessible from a navigable waterway at which a ship of the characteristics described in the attached specification can, using its own propulsion, safely arrive, lie afloat and depart at all states of the tide and at any time day or night. The facility and its approaches shall have a minimum water depth of 20 ft. and a minimum vertical clearance of _95 ft.

for the 210‘ cutters and a depth of 20 ft. and a minimum vertical clearance of 110 ft. for 270‘ cutters.

HSCG80-13-R-P45068 Page 20 of 71

(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.

(9) ACCESS TO VESSEL

(a) A reasonable number of officers, employees, and associates of the Government, or other

Prime Contractors with the Government, and their subcontractors, shall, as authorized by the

Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis.

The Contractor shall make reasonable arrangements with the Government or Contractors of the

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

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

(10) INDEMNIFICATION FOR ACCESS TO VESSELS

Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, HSCG80-13-R-P45068 Page 21 of 71 the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime

Contractors with the Government and their subcontractors, and officers, employees, and associates of quoters on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.

(11) 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.

(12) GROWTH WORK

(a) The Contractor shall not perform growth work without the Contracting Officer's authorization. Growth work is work within the scope of the contract, which has not been previously priced as a pre-priced CLIN. The Contracting Officer reserves the right to contract for growth work on the basis of a negotiated, firm, fixed price, when it is in the best interest of the

Government. If a firm-fixed price contract is awarded, and during the performance period a repair within scope is identified but the Contracting Officer and Contractor are unable to agree on the cost of the work, a bilateral modification may be incorporated into the contract using a Time and

Materials modification for this specific repair. In this situation, FAR 52.212-4, Alternate I, will be incorporated.

(b) The Contractor shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer, of any proposal submitted for a contract modification.

Unless otherwise directed, the breakdown shall be submitted on an SFLC…