NORTHLAND_RFQ_P45020.pdf

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

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

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

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable

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

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent

Review is available by the Ombudsman. The protester may file a formal agency protest to either the

Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR

33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

COMMANDANT (CG-9131)

U S COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

2100 2ND ST SW STOP 7112

WASHINGTON DC 20593-7112

The Ombudsman Hotline telephone number is (202) 372-3695

Commander

U.S. Coast Guard

Surface Forces Logistics Center

CPD-C&P1-MECPL

300 East Main Street, Suite 550

Norfolk, VA 23510

REQUEST FOR QUOTATION

HSCG80-14-Q-P45020

USCGC NORTHLANDDOCKSIDE REPAIRS

TABLE OF CONTENTS

DESCRIPTION PAGE NUMBER

SF 1449, Solicitation/Contract/Order for Commercial Items

Continuation of SF 1449 3

Contract Clauses

FAR 52.212-4 Contract Terms and Conditions Addendum 7

FAR 52.212-5 Contract Terms and Conditions Required to Implement

Statutes and Executive Orders 22

Contract Documents/Exhibits and/or Attachments

Statement of Work (Rev. Date) See Separate Attachment

Past Performance Questionnaire See Separate Attachment

Government Property Report 30

Solicitation Provisions

FAR 52.212-1 Instructions to Offerors Addendum 31

FAR 52.212-2 Evaluation Commercial Items, or other Evaluation

Factors for Award 33

FAR 52.212-3 Representations and Certifications-Commercial Items 34

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

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2114804P45020

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG80-14-Q-P45020

6. SOLICITATION

ISSUE DATE

29 August 2013

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Mable Lee, Contract Specialist

b. TELEPHONE NUMBER (no collect calls)

(757) 628-4820

8. OFFER DUE DATE/

LOCAL TIME

12 September 2013

12:00 PM EST

9. ISSUED BY CODE 52000

USCG Surface Forces Logistics Center

Attn: Mable Lee, Contract Specialist

300 E Main Street, Suite 550

Norfolk, VA 23510

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

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

SMALL BUSINESS WOMEN-OWNED SMALL

BUSINESS (WOSB)

HUBZONE SMALL NAICS:

BUSINESS ECONOMICALLY DISADVANTAGED 336611

WOMEN-OWNED SMALL (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8(A) 1,000

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

30 Days

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

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN 1COPIES 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

HSCG80-14-Q-P45020 PAGE 2 OF 51

USCGC NORTHLAND (WMEC-904)

DOCKSIDE REPAIRS

19.

ITEM

NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

All work is to be performed in accordance with USCGC

NORTHLAND (WMEC-904) 270 Foot “A Class” Medium

Endurance Cutter Specification for Dockside Repairs (Rev-1, 26 July 2013).

Period of Performance is 06 November 2013 to 01 January

2014.

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

The availability is scheduled to start on or about 06 November

2013.

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK

NUMBER

PARTIAL FINAL

38. S/R ACCOUNT

NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

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

42 a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL

CONTAINERS

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

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

HSCG80-14-Q-P45020 PAGE 3 OF 51

DOCKSIDE REPAIRS

CONTINUATION OF SF 1449 – BLOCKS 17a – 25

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

(2) Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in

Central Contractor Registration (CCR). To receive award Contractor must be registered in Central

Contract Registration (CCR) http://www.ccr.gov.

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

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

DESCRIPTION OF WORK:

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

(b) Failure to read the specifications in their entirety will not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offeror’s risk. All quotes submitted in response to this solicitation shall stand firm for 60 calendar days from the response date of this solicitation.

ALL CONTRACTORS ARE RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR

QUOTES/PROPOSALS.

REQUIRED DOCUMENTS:

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

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

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

3. Past Performance Documentation

4. Small Business Self Certification for applicable set-asides

5. Welding Certifications and Procedures

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

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

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

HSCG80-14-Q-P45020 PAGE 4 OF 51

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

BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED

NOTE: ALL WORK WILL BE PERFORMED at the vessel’s homeport located at 4000 Coast Guard

Blvd, Portsmouth, VA 23703.

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

2013. Work covered by this solicitation shall be completed within fifty-six (56) calendar days from the date the vessel becomes available to the Contractor. The performance period is from 06 November

2013 to 01 January 2014. The availability is scheduled to start on or about 06 November 2013. An arrival conference normally will be held within 48 hours of the scheduled start date.

QUESTIONS AND REQUEST FOR DRAWINGS: The last day to request drawings or ask questions regarding this solicitation is 05 September 2013, 2:00 p.m. EST. After this date further requests may not be accepted due to time constraints. All questions should be forwarded to Mable Lee at mable.l.lee@uscg.mil.

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

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

Schedule of Supplies and Services. Base Contract Line Item Numbers (CLINs) are marked as

“D” for Definitive. Optional CLINS are marked “O” for Optional. Insert unit prices in all

CLINs listed in the Schedule unless “NSP” is printed in the Unit Price column for any CLIN.

“NSP” in the section means “Not Separately Priced.”

HSCG80-14-Q-P45020 PAGE 5 OF 51

ITEM DESCRIPTION UNIT PRICE UNIT QTY EXTENDED PRICE

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

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

D-003 Tanks (MP Fuel Stowage and Overflow), Clean and Inspect

JOB 1

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

D-005 Tanks (Hydraulic Oil Stowage and Service), Clean and Inspect

D-006 Tanks (Potable Water), Clean and Inspect JOB 1

D-007 Tanks (Lube Oil), Clean and Inspect

D-008 Tanks (Ballast), Clean and Inspect JOB 1

D-009 Voids (Accessible), Clean and Inspect

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

D-011 Propulsion Shafting, Strain Gage Alignment Inspections

D-012 Circuit Breakers (60 HZ), Inspect and Test JOB 1

D-013 Circuit Breakers (400 Hz), Inspect and Test JOB 1

D-014 Vent Ducts (Engine and Motor Room All), Commercial Cleaning

D-015 Vent Ducts (Galley and Pantry Room All), Commercial Cleaning JOB 1

D-016 Vent Ducts (Laundry Exhaust), Commercial Cleaning JOB 1

D-017 Vent Ducts (All Other), Commercial Cleaning JOB 1

D-018 Chill Water System, General Maintenance JOB 1

D-019 Reverse Osmosis Desalination Plant, Overhaul

D-020

Potable Water Pneumatic Tanks, Clean and Inspect

D-021 Hot Water Accumulator Tanks, Clean and Inspect

D-022 Commissary Hoist, Inspect and Service

D-023 Anchor Chain(s) and Ground Tackle, Inspect and Repair

D-024 Anchor Windlass, Overhaul

D-025 Warping Capstan, Inspect and Service

HSCG80-14-Q-P45020 PAGE 6 OF 51

ITEM DESCRIPTION UNIT PRICE UNIT QTY EXTENDED PRICE

D-026 Articulating Crane, Inspect and Service

D-027 Grey Water Holding Tanks, Clean and Inspect

D-028 Sewage Holding Tanks, Clean and Inspect

D-029 Sewage Vacuum Collection Tanks, Clean and Inspect

D-030 Sewage Piping, Clean and Flush

D-031 Padeyes, Inspect and Test

D-032 Tanks (Ballast), Preserve "100%"

D-033 Tanks (Dirty Oil and Waste), Preserve "100%"

D-034 Fuel Manifold, Overhaul

D-035 Hull and Structural Plating (Passageway), Repair

D-036 Chain Locker, Repair

D-037 SSDG Auxiliary Saltwater Piping, Repair JOB 1

D-038 Fuel Tank Vent Piping, Repair JOB 1

D-039 Hull and Structural Plating (Hangar), Renew

O-00A Composite Labor Rate HR 350

D-00B GFP Report NSP EA 1 NSP

D-00C Travel and Per Diem JOB 1

Total Price of Definite Items JOB 1

Total Price of Option Items

Total Price of Definite and Optional Items

HSCG80-14-Q-P45020 PAGE 7 OF 51

CONTRACT CLAUSES

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

2013)

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

(3) 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.

(4) FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (Jul

2013)

(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:

HSCG80-14-Q-P45020 PAGE 8 OF 51

DOCKSIDE REPAIRS

(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 System for Award

Management database via https://www.acquisition.gov (see 52.204-7).

(End of Provision)

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

EXPATRIATES (Jun 2006)

(a) Prohibitions.

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

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

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

(b) Definitions. As used in this clause:

https://www.acquisition.gov/

HSCG80-14-Q-P45020 PAGE 9 OF 51

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

(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).

HSCG80-14-Q-P45020 PAGE 10 OF 51

(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.

HSCG80-14-Q-P45020 PAGE 11 OF 51

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or quote.

(End of Provision)

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

ITEM (Mar 1989) - VARIATION

The Government may require the performance of the numbered line items, identified in the Schedule as option items, at the unit prices stated in the Schedule. The option quantities shown in the Schedule are estimates only. The Government has the right to require performance of these items at the quantities deemed necessary. Therefore, the Government may exercise an option item on more than one occasion during the contract performance period. The Contracting Officer will provide initial notification of the exercise of an option either verbally, by facsimile, or both. When time is of essence initial notification will be provided verbally followed within 24 hours by a facsimile of confirmation. A contract modification will be executed shortly thereafter to include those options wherein exercise notification was provided. Such options may be exercised at any phase during the contract performance period as stated herein, or any extension of the performance period. To maintain the contract performance period the

Contractor shall commence performance of an option item immediately upon receiving initial notification; but, not later than 24 hours thereafter, unless proper sequencing of the work requires a delay in beginning performance of the option. In that case, the option item shall be commenced as soon as proper sequencing permits. The exercise of any option item listed in the Schedule will not normally extend the contract performance period. However, the Contracting Officer may consider a request by the

Contractor for contract extension if an option is exercised after 50% of the contract performance period has expired.

(End of Clause)

(7) 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 52.204-7 System for Award Management (Jul 2013)

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

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

Alternate I (Jul 1995)

FAR 52.223-12 Refrigeration Equipment and Air Conditioners (May 1995)

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

FAR 52.232-18 Availability of Funds (Apr 1984)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.242-2 Production Progress Reports (Apr 1991)

FAR 52.245-1 Government Property (Apr 2012)

HSCG80-14-Q-P45020 PAGE 12 OF 51

FAR 52.245-9

Use and Charges (Apr 2012)

HSAR 3052.205-70 Advertisements, Publicizing Awards, and Releases (Sep 2012)

HSAR 3052.211-70 Index for Specifications (Dec 2003)

HSAR 3052.217-91 Performance (Dec 2003)

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

HSAR 3052.217-93 Subcontracts (Dec 2003)

HSAR 3052.217-95 Liability and Insurance (Dec 2003)

HSAR 3052.217-96 Title (Dec 2003)

HSAR 3052.217-97 Discharge of liens (Dec 2003)

HSAR 3052.217-98 Delays (Dec 2003)

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

2003)

HSAR 3052.217-100 Guarantee (Jun 2006)

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

2003)

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

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

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

(8) 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 10 days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

(9) 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;

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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.

(10) 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.

(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

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firm-fixed price contract is awarded, and during the performance period a repair within scope is identified but the Contracting Officer and Contractor are unable to agree on the cost of the work, a bilateral modification may be incorporated into the contract using a Time and Materials modification for this specific repair. In this situation, FAR 52.212-4, Alternate I, will be incorporated.

(b) The Contractor shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer, of any proposal submitted for a contract modification. Unless otherwise directed, the breakdown shall be submitted on an SFLC 002 proposal form provided at the arrival conference permitting an analysis of all materials, labor, equipment, subcontract, overhead costs, and profit covering all work involved in the change/modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the proposal includes a request for a time extension, justification shall be furnished with the proposal.

(c) This clause is to be used in conjunction with the clause COMPOSITE LABOR RATE incorporated into this solicitation. The Contractor is required to have and/or furnish all tools and equipment incidental to each bench trade. Supplies such as wiping rags, hacksaw blades, sandpaper, welding wire, helium, etc., are also to be furnished by the Contractor. Other materials are to be charged at regular rates and prices currently in effect and as agreed to by the

Contracting Officer. Material shall be best commercial quality available except where a precise specification is indicated in which case the specification shall apply, e.g., MILSPEC, FEDERAL

SPEC.

(13) DISCOVERIES AND CHANGES TO CONTRACT

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

Work Request Process will occur in the following order:

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

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

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

4. COR provides copy of Work Request to the Contractor

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

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

7. Approved Work Request- Forwarded to Contractor and COR by the KS/KO

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

(14) COMPOSITE LABOR RATE

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

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

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(1) direct labor wages and salaries;

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

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

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

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

(6) profit (fee); and

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

Supervision and Management Planning and Estimating

Material Handling Housekeeping

Engineering Transportation/Drivers

Quality Assurance Contract Administration

Security Testing

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

(c) The Quantity of Composite Labor hours indicated in the Schedule of Supplies/Services, is only an estimate and is an Optional Item pursuant to this solicitation. The Estimated

Quantity represents the Government’s best estimate of the total number of additional hours that may be required throughout the contract. The Government may elect to exceed this value at the prices stated in the schedule and its discretion during performance of the contract. The inclusion of this item does not obligate the Government to exercise the item nor entitle the Contractor to compensation if not exercised.

(15) MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT PROPERTY

IN THE PERFORMANCE OF A SHIP REPAIR CONTRACT

1. The Government Property Clause incorporated by reference delineates the Contractor's overall responsibility when taking possession of government property in performance of a contract. In performance of this contract the Contractor will be required to properly identify, track and control property within its possession. This includes, a) property furnished by the government (GFP) to the

Contractor in conjunction with specific CLIN Items. These items and their values are listed in the specification, b) property that is pre-existing in a location that during the course of performance will be replaced or renewed.

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

Coast Guard employee, shipment via commercial carrier, etc. The Contractor shall sign for all

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Government Furnished Property using either a DD Form 1149, entitled, “Requisition and

Invoice/Shipping Document” or a DD Form 1348, entitled, “Issue Release/Receipt Document”.

A copy of the DD 1149 or DD 1348 must be sent within 48 hours of receipt of property, to the designated Government Property Administrator. The name of the individual assigned as

Property Administrator will be furnished to the Contractor at time of award. The Contractor shall not take receipt of property that is not listed in the specification, has not been previously identified as becoming part of the contract (via contract modification) or which otherwise cannot be identified.

Such irregularities shall be immediately reported to the Property Administrator.

3. The Contractor shall complete the report provided herein, entitled, “Government Property Report”.

This report is intended as a living document whereby relevant fields shall be filled in, maintained and kept current at all times. All property described in paragraph 1 (a and b) above shall be reported on the report. At contract completion the Contractor and the Property Administrator shall ensure that all fields are appropriately completed. A signature block is provided at the end of the report for both parties to attest to the report's accuracy and completeness. The Government Property Report shall clearly delineate the complete track that all Government property took over the course of the contract. This completed report must accompany the Contractor's final invoice. Final payment may be delayed, without penalty of interest, until such time as the report is received. A separate copy of the completed report and any final DD 1149s or DD 1348s executed, as a result of carrying out disposition instructions shall be provided to the Property Administrator.

4. Pursuant to the Government Property Clause the authority to render disposition instructions of

Government property associated with this contract is delegated to the Property Administrator. The

Contractor shall comply with all instructions in the contract for the return of government property to the Coast Guard. This includes government property taken off the vessel (shafts, propellers, etc.), government property returned to the vessel (special tools, etc.) or surplus government property not used during performance of the contract.

(16) CONTRACTING OFFICER’S AUTHORITY

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

(17) CONTRACTOR PERFORMANCE EVALUATION

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

Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source

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selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

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

(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship;

the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.

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

(18) METHOD OF PAYMENT AND INVOICING INSTRUCTIONS

INVOICE SUBMISSION PROCESS:

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

(A) The Government will make payment under this contract based on a percentage or stage of completion. The Contractor may invoice each contract line item (CLIN) as work progresses.

The amount invoiced shall be calculated based on those prices stipulated in the contract

Schedule of Supplies/Services as follows:

(B) A CLIN may not be invoiced until the percentage complete reaches 25 percent. Future invoices for that CLIN have no limitation as to the percentage of completion required before invoicing. (The minimum percentage of completion (25%) to be reached prior to billing each

CLIN may be waived by the Contracting Officer on a case by case basis for large dollar

CLINS.)

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

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

2) Name and Address of the Contractor

3) Invoice Number and Invoice Date

4) DUNS Number

5) Name of the Contract Specialist and Contracting Officer’s https://www.cpars.csd.disa.mil/

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

7) Indicate Small Business Status

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

INVOICE – UPON PAYMENT OF THIS INVOICE NO OTHER MONIES

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

9) The percentage of completion for each CLIN identified;

10) Vessel name

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

12) Shipping and Payment Terms

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

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

2. The Contractor shall forward invoices via e-mail _mark.a.cockerham@uscg.mil or in person to the Contracting Officer’s Technical Representative (COR).

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

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

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

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm mailto:_mark.a.cockerham@uscg.mil

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

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

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

Invoice Information Invoice Routing Code:

SFLC-1

(help)

Invoice Number: (help)

Contract Number: (help) Invoice Date:

MM/DD/YY

(help)

BPA Number: (help) Invoice Amount:

0.00

(help)

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

00.00

Discount Days:

Net Days:

(help)

Company Information Attachment of Official Invoice

Company Name: (help)

DUNS: Plus 4: (help)

Point of Contact Name: (help)

Point of Contact Email: (help)

Phone: (help) Fax: (help)

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

Attachment must be a single PDF file no larger than 3

MB. Grey-scale PDFs are not compatible. This will be our official invoice. Supporting documentation must be combined in the single PDF file or submitted to your contracting office separately via email.

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

Verify

Reset

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

Invoice Routing Code for this contract is SFLC-1

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

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

_mable.l.lee@uscg.mil

Additional work verbally agreed to by the parties that has not yet been incorporated into the contract by modification shall not be included in an invoice. Payments will not be made for any http://www.fincen.uscg.mil/centralinv/central_inv_PDF_notice.htm http://www.fincen.uscg.mil/centralinv/central_inv_PDF_notice.htm mailto:_mable.l.lee@uscg.mil

HSCG80-14-Q-P45020 PAGE 20 OF 51

work to which a modification has not been properly executed. Invoices submitted for payment that includes such a request will be reduced by the unmodified amount

FURTHER CONSIDERATIONS WITH INVOICING:

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

(1) On the later of:

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

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

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

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

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

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

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

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

Government review or acceptance of the invoice.

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

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The Data Universal Numbering System (DUNS) number is the primary identifier in Central

Contractor Registration (CCR), (see FAR 52.232-33, Payment by Electronic Funds Transfer –

Central Contractor Registration (OCT 2003)). Contractors are located and identified in CCR by their

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

All payments for partial performance rendered by the Government under this contract are based on the assumption that the Contractor will, in good faith, execute and honor all payment terms entered into between it, the Prime Contractor, and any subcontractor thereof in the performance of…