SANIBEL_SOLICITATION.pdf

NOTICE TO VENDORS

SOLICITATION NUMBER HSCG80-17-Q-P45C01

The U.S. Department of Homeland Security, U.S. Coast Guard Surfaces Forces Logistics Center (SFLC) will acquired the work outlined in the solicitation utilizing procedures in FAR Part 12, Acquisition of Commercial Items and FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. FAC 2005-95 (JAN 2017).

THE FOLLOWING INFORMATION IS HIGHLIGHTED FOR YOUR ATTENTION:

1. This cover sheet is not intended to be all-inclusive. Please read the entire solicitation including any attachments, to ensure completion of all required representations, certifications, and submissions. Acknowledge all Solicitation Amendments (SF-30) issued by the Government.

2. Your offer shall include all of the documents and information listed on pages 65 (FAR Provision 52.212-1

(b) Submission of Offers) and your offer shall be received by our office at or before the exact date and time specified on page 1 of the SF 1449, Block 8 to be eligible for award. Also, see FAR Provision 52.212-2 (pages26-29) for Evaluation Factors.

3. Submit your offer, with all required documentation via one of the following methods:

Mail to:

United States Coast Guard Surface Forces Logistics Center Attn: Cabin S. Long, Contract Specialist 300 East Main Street, Suite Norfolk, VA 23510-9112

Email to:

Attn: Cabin S. Long Email: cabin.s.long@USCG.Mil

4. QUESTIONS/CONCERNS/REQUEST FOR DRAWINGS: It shall be the obligation of the vendor to exercise due diligence to discover and to bring to the attention of the Government any ambiguities, inconsistencies or concerns regarding the information in this solicitation. All questions/concerns/request for drawings regarding this solicitation shall be submitted in writing to the Contract Specialist at cabin.s.long@USCG.Mil no later than 30 May 2017. Follow-up/ additional questions will not be accepted after this date and time due to time constraints. Contractors shall reference this solicitation number and provide enough information in their email so the Government can easily respond to their questions/concerns. Questions/concerns will be compiled and addressed on an Amendment of Solicitation (SF-30) and will be posted on the FedBizOpps website for viewing by all potential vendors. Answers to questions will be available after the due date for questions/concerns has past.

mailto:cabin.s.long@USCG.Mil mailto:cabin.s.long@USCG.Mil

FAILURE TO COMPLETE THE SOLICITATION DOCUMENT AND AMENDMENTS AS REQUIRED MAY

RESULT IN DELAY OF AWARD OR DETERMINATION THAT YOUR OFFER IS NOT RESPONSIVE.

OMBUDSMAN

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 electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

mailto:OPAP@uscg.mil

STANDARD FORM 1449 IS INCLUDED WITH THIS OFFERING IN A

SEPARATE FILE POSTED WITH THIS SOLICITATION

HSCG80-17-Q-P45C01

Continuation of SF 1449 – BLOCKS 15 - 26

Place of Performance: Contractor’s Facility (to be incorporated at time of award).

Place of Acceptance on behalf of the Government: U.S. Coast Guard Cutter SANIBEL WPB 1312, GEOGRAPHIC RESTRICTION: Per U. S. Coast Guard (a) Geographical Restriction for Commercial Vessel Repair Contracts, LANTAREAINST Atlantic 3100.1 (series) ( b) Cutter Employment Standards, COMDTINST 3100.5 (series).

Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The individuals listed below will be the Government points of contact during the performance period.

Contract Administration: The U.S. Department of Homeland Security, U.S. Coast Guard, Surface Forces Logistic Command, CPD, 300 East Main Street, Suite 600, Norfolk, VA 23510-9112 will perform all contract administration.

Communications pertaining to contractual administrative matters shall be addressed to one of the Contracting Officers (KO’s) listed below. Changes in, and / or deviations from the specification or terms and conditions of the contract shall not be affected without written authorization / modification to the contract as executed by a USCG SFLC CPD Contracting Officer.

Contracting Officer: Tracey Strawbridge Phone: 757 628-4644 E-Mail: tracey.strawbridge@uscg.mil

Alternate Contracting Officer(s): Denise Sturdifen Phone: 757-441-7036 E-Mail: denise.a.sturdifen@uscg.mil

Contract Administrator (Contract Specialist): Serves as the point of contact between the Contractor and the Contracting Officer(s); however, this person does not have a warrant that provides the authority to contractually obligate the Government.

Contract Specialist: Cabin Long Phone: 757 409-5255 E-Mail: cabin.s.long@uscg.mil

The Contracting Officer’s Representative (COR): Is a Government employee designated in writing by the Contracting Officer to act onsite as a technical advisor for the Contracting Officer for services/items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the name of the COR and the authorities and limitations of the COR under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

COR: Matthew K Mothander Phone: 617-223-3376 Email : Matthew.K.Mothander@uscg.mil

Payment will be made by Electronic Funds Transfer (EFT) to the Financial Institution listed in the System for Award Management (SAM). To receive an award the Contractor must be registered in the System for Award Management (SAM) http://www.sam.gov.

mailto:tracey.strawbridge@uscg.mil mailto:denise.a.sturdifen@uscg.mil mailto:cabin.s.long@uscg.mil mailto:Matthew.K.Mothander@uscg.mil http://www.sam.gov/

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

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 and will delay payment.

2. The Contractor shall forward invoices via e-mail toCabin.S.Long@USCG.MIL and Matthew.K.Mothander@USCG.MIL (the 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 (listed below).

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:

ht tp: //ww w.fincen. uscg .mil /centralin v/central_inv_contr.cfm mailto:Cabin.S.Long@USCG.MIL mailto:Matthew.K.Mothander@USCG.MIL mailto:Matthew.K.Mothander@USCG.MIL http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

Invoice Routing Code:

SFLC-1 (help) Invoice Receipt Date:

MM/DD/YY

(help)

Contract Number:

Requisition Number:

Delivery/Task Order Number:

(help) Invoice Number:

MM/DD/

(help) Invoice Date:

(help) Invoice Amount:

Discount Terms:

Net Days (help)

(help)

YY

Discount Days

Contractor Information Attachment of Official Invoice

Contractor Name: (help)

Submitter Name:

Submitter Email:

Submitter Phone:

help)

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

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

Cabin.S.Long@USCG.MIL and Matthew.K.Mothander@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 work for which a modification has not been properly executed. Invoices submitted for payment that includes such a request will be rejected.

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

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

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

0.00

00.00 0 % http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm mailto:Cabin.S.Long@USCG.MIL mailto:Cabin.S.Long@USCG.MIL mailto:Matthew.K.Mothander@USCG.MIL

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

(iii) The seventh day after the date on which the property is actually delivered or performance of the

(iv) services is actually completed; unless—

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

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

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

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

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

Government review or acceptance of the invoice.

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

The Data Universal Numbering System (DUNS) number is the primary identifier in System for Award Management (SAM), formally known as 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 SAM 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 this contract. The Contractor hereby acknowledges the Government’s right to reduce or suspend progress payments based on non-payment in accordance with any payment terms of the subcontract agreement.

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

CONTRACT TYPE

This solicitation will result in the award of a firm fixed price- supplies / services requirements contract with firm-fixed unit prices. Firm- fixed Unit Prices shall include all cost to provide the work, which includes but is not limited to , all applicable Federal, State, and local taxes and duties in accordance with FAR Clause 52.212-4(K), Taxes.

Any Miscellaneous information that may be relevant to orders (place of delivery etc) Price will be the sole evaluation factor for each order.

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

CONTRACT PERIOD OF PERFORMANCE:

Work covered by this solicitation shall be completed within ( 107) calendar days from the date the vessel becomes available to the Contractor. The performance period is from 26 July 2017 – 9 November 2017. The availability is scheduled to start on 26 July 2017. An arrival conference normally will be held within 48 hours of the scheduled start d a t e . Vessels being dry docked shall be in dry dock within seventy-two (72) hours of delivery. If a pre-docking shaft a l i g n m e n t is being performed, the vessel shall be dry docked with one-hundred and twenty (120) hours after arrival.

SCHEDULE OF SUPPLIES/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.”

ACCOUNTING AND APPROPRIATION DATA: To be included on contract award document.

This contract will obligate all definite (D) work items. The funding for the optional work items will obligated with a b i l a t e r a l contract modification as required.

DESCRIPTION OF WORK:

(a) The Contractor shall furnish all necessary labor, material, services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified, to perform dry docking 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 contractor from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the contractor’s risk.

REQUIRED DOCUMENTS:

. Those driving on the Naval Installation must have proof of (unexpired Each quote shall furnish the information required by the solicitation, which includes:

1. Signed 1449 with contractor’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-aside (i.e.HUBZONE, Small Business, SDVOSB, 8(a))

5. Welding Certifications and Procedures

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

7. Dry Dock Facility and or Dry Dock Cradle Certification

8. Pre-Award Dry Dock Calculations for US Coast Guard Cutter 110’ Island Class Cutter

9. IMPORTANT: No day laborer’s or person unconnected to the Prime or Subcontractor may enter the Naval

I n s t a l l a t i o n or serve on this project. All personnel associated with this project must have at a minimum, a clean ( criminal free back ground) and an unexpired driver’s license or government issued (state or federal) unexpired identification. Motor vehicles to include trailers must have current license plates and or unexpired decal and l i a b i l i t y insurance.

10. The prime contractor must be aware of any permits required (if any) by the state hosting the arrival regarding this project w h i l e working on the water front. It’s important that all contractors be familiar with the STD SPEC 0000 and A p p e n d i x therein.

11. The following personnel must be contractors identified with their bid.

*Ship Superintendent must always be present on the vessel during the performance of this contract.

DELIVERABLES

Seven days after the contract has been awarded, the contractor must generate a legible planning document as outlined in SFLC Standard Specification 0000 (3.2.5) to the KO and PE for a preliminary government review. Fifteen (15) days prior to the start of the performance period (when possible)

(1) 1 Copy of the planning document will be submitted to the KO, and all preceding weekly progress meetings.

(2) An arrival conference normally will be held within 48 hours of the scheduled start date.

WELDING CERTIFICATIONS AND QUALIFICATIONS

This solicitation may contain welding line items as either Definitive or Optional Items. With his/her quote the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), and SFLC Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable certifications and qualifications to the COR for any welding to be performed on any proposed change request.

DRY DOCK CERTIFICATION AND DRY DOCK CALCULATIONS

With his/her quote the Contractor shall provide a current certification of its dry docking facility as required by the specification, Work Item D-061, Dry-docking, and SFLC Standard Specification 8634_STD. When requested by the Contracting Officer, the Contractor shall also provide the pre- award calculations described in specification Work Item D-061, Dry-docking, Cutter conditions, and Appendix B of the SFLC Standard Specification 8634_STD. Subsequent to contract award, the government will require the contractor to provide the docking and un-docking calculations described in Appendix B of the SFLC Standard Specification 8634_STD.

ANTICIPATED AWARD DATE

The contract is expected to be awarded on or about 16 June 2017. Work covered by this solicitation shall be completed within 107 calendar days from the date the vessel becomes available to the Contractor. The performance period is from 26 July 2017 – 9 November 2017. The availability is scheduled to start on or about 26 July 2017.

QUESTIONS AND REQUEST FOR DRAWINGS

The last day to request drawings or ask questions regarding this solicitation is 30 May 2017. After this date, further requests may not be accepted due to time constraints

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 s h i p ’ s personnel. All other charges shall be borne by the Contractor.

Position Office Phone Number

Cell Phone Number

E-mail Address

Ship Superintendent: * Contractor’s Negotiator:

Safety Supervisor:

Property Administrator:

Dock Master Fire Watch Coordinator

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 f a c i l i t y and its approaches shall have a minimum water depth of 12 feet and a minimum vertical clearance of 55 feet.

ACCESS TO VESSEL

A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their Sub Contractors, 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.

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.

INDEMNIFICATION FOR ACCESS TO VESSELS

Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their Sub Contractors, and officers, employees, and associates of contractors 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.

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.

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 d u r i n g 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 s i t u a t i o n , 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 and shall be included in the Composite Labor Rate. 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.

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 d u r i n g the availability:

Work Request Process will occur in the following order:

1. Condition Found Report (CFR)-Generated by the Contractor and provided to COR

2. Condition Report Reply(CRR)-Generated by the COR and provided to Contractor

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

COR provides copy of Work Request to the Contractor

4. Contractor’s Proposal- Provided to the KO for the identified tasking on WR

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

6. Approved Work Request- Forwarded to Contractor and COR by the KO

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

In order to determine price reasonableness: All change requests that list sub-contracting and/or material must have a written proposal from the sub-contractor or the company providing the material with complete, detailed information (listing number of hours/price per hour; each part/component & associated cost; and an estimated shipping cost).

COMPOSITE LABOR RATE

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

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

(1) direct labor wages and salaries;

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

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

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

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

(6) profit (fee);

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

Supervision Mgmt Planning and Material Handling Security Housekeeping Engineering Transportation Drivers Quality Assurance Testing Contract

(8) all consumables;

(b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours n e c e s s a r y 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 Contrac to r ’s accounting system. These support functions are to be priced into the composite labor rate q u o t e d 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 p u r s u a n t 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 s c h e d ul e 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.

MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT PROPERTY IN THE

PERFORMANCE OF A SHIP REPAIR CONTRACT

(a) 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.

(b) The items listed in the specification, as government furnished property will be provided in the quantities designated.

Government furnished p ro p e r t y may be provided in person by an official Coast Guard employee, shipment via commercial carrier, etc. The Contractor shall sign for all government furnished property using e i t h e r a DD Form 1149, entitled, “Requisition and Invoice/Shipping Document” or a DD Form 1348, e n t i t l e d , “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 designa ted 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.

(c) 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 a p p r o p r i a t e l y completed. A signature block is provided at the end of the report for both parties to attest to the report's accuracy and co mp le t e nes s . 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 m a y be delayed, without penalty of interest, u n t i l 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.

(d) Pursuant to the Government Property Clause the authority to render disposition instructions of Government property associated with this c o n t r a c t 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.

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 C o n t r a c t o r acts on any such change at the direction of any person other than the Contracting Officer, the change will be cons idered 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.

CONTRACTOR PERFORMANCE EVALUATION

(a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful contractor’s past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the contract, the Contractor will be notified of the assessment. The

Contractor will be allowed 30 days to respond to the SLFC’s assessment of its performance entered into CPARS.

The Contractor’s response, if any, will be made part of the CPAR system at https://www.cpars.csd.disa.mil.

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

(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except 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.

CONTRACT DEFICIENCY REPORT

The Contracting Officer or Contracting Officer’s Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing.

DISTANCE FACTOR ADJUSTMENT

(a) The work will be accomplished at the Contractor's Facility and the following distance adjustment factors will be applied to the prices quoted for this work.

(b) The home pier of the vessel is located in Woods Hole, Massachusetts. Since the work covered by this solicitation is performed e l s e w h e r e than the home pier of the vessel, the Coast Guard will incur certain costs incident to moving the vessel to and from such location. Furthermore, Coast Guard inspection and other support in connection with the work covered by this solicitation will be provided by SFLC Naval Engineering Support Unit (NESU) listed in the following paragraphs, which is responsible for support of the vessel. If work is performed elsewhere than at these SF L C locations, the Coast Guard will incur certain costs incident to providing inspection and other support.

https://www.cpars.csd.disa.mil/

CONTRACT TERMS AND CONDITIONS

Federal Acquisition Regulations (FAR) Clauses

FAR 52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUS OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

XX 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 a n d 10 U.S.C. 2402).

52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

XX 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[Reserved]

XX 52.204-14 Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). XX

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

XX 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

XX 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

____ (i) 52.219-3, Notice of HUBZONE Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

_____ (i) 52.219-4, Notice of Price Evaluation Preference for HUBZONE Small Business Concerns (Oct 2014) (if the contractor elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

XX (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

XX 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3).

(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Nov 2016) of 52.219-9.

52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

XX 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14).

52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

XX 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2).

52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

XX 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

XX 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

XX 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

XX 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

XX 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The e n j o i n e d paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

XX 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off- the-shelf items.)

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

____52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

(ii) Alternate I (Oct 2015) of 52.223-13.

(i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

XX 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

52.223-20, Aerosols (Jun 2016) (E.O. 13693).

52.223-21, Foams (Jun 2016) (E.O. 13696).

(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224-3.

XX 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.

note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

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

52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12).

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

XX 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and O p t i o n Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract…