Commercial Solicitation

NOTICE TO OFFERORS

SOLICITATION NUMBER: HSCG84-11-Q-AAS205

The U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC) will acquire the services outlined in the solicitation utilizing procedures in FAR Part 12, Acquisition of Commercial Items and FAR Subpart 13.5, Test Program for Certain Commercial Items.

This solicitation is issued as a 100% Set-Aside for Small Business in accordance with FAR Subpart 19.5. The NAICS code is 488390 and the size standard is $7M.

THE FOLLOWING INFORMATION IS HIGHLIGHTED FOR YOUR ATTENTION:

1. Carefully read and comply with all solicitation clauses and provisions.

2. You must submit ALL of the documents and information listed in FAR Provision 52.212-1, (b) Submission of Offers page 22 by the “Offer Due Date/Local Time” (SF-1449/Block 8) to be eligible for award. Also, see FAR Provision 52.212-2 pages 29 for Evaluation Factors.

3. Send your offer with all required documentation to one of the following:

· U.S. Department of Homeland Security

United States Coast Guard

Shore Infrastructure Logistics Center, PCB-4 Attn: Jessica Coltz 300 East Main Street, Suite 965

Norfolk, VA 23510-9112

· Via e-mail to jessica.l.coltz@uscg.mil

· Via fax number (757) 628-4135 (ATTN: Jessica Coltz/ PCB-4)

4. Any and all questions regarding this solicitation shall be submitted in writing to the Contract Specialist at Jessica.l.coltz@uscg.mil no later than 24 June 2011 at 3:00 PM Eastern. Questions will be compiled and answered on an “Amendment of Solicitation” (SF-30) and will be posted on FedBizOpps for viewing by all potential offerors.

THE ABOVE IS NOT INTENDED TO BE ALL-INCLUSIVE. PLEASE READ THE ENTIRE DOCUMENT TO ENSURE COMPLETION OF ALL REQUIRED REPRESENTATIONS, CERTIFICATIONS, AND SUBMISSIONS.

ALL SOLICITATION AMENDMENTS MUST BE ACKNOWLEDGED IN WRITING.

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.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17(a-b), 23, 24, & 30(a-c)

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG84-11-Q-AAS205

6. SOLICITATION

ISSUE DATE

b. TELEPHONE NUMBER (No collect calls)

757-628-4490

8. OFFER DUE DATE/

LOCAL TIME

June 24, 2011 03:00 PM, Eastern

9. ISSUED BY CODE 84

U.S. Department of Homeland Security

United States Coast Guard

Shore Infrastructure Logistics Center (SILC), PCB-4 Attn: JESSICA COLTZ 300 East Main Street, Suite 965 Norfolk, VA 23510-9112

Telephone: (757) 628-4490 Fax: (757) 628-4135

10. THIS ACQUISITION IS

FORMCHECKBOX

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR:

FORMCHECKBOX

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

FORMCHECKBOX

HUBZONE SMALL BUSINESS

BUSINESS FORMCHECKBOX

8(A)

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

WOSB FORMCHECKBOX

EDWOSB

NAICS: 488390

SIZE STANDARD: $7M

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

12. DISCOUNT

TERMS

FORMCHECKBOX

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)

13b. RATING N/A

14. METHOD OF SOLICITATION

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

CONTINUED ON PAGE 2

16. ADMINISTERED BY CODE 84

United States Coast Guard (USCG) Shore Infrastructure Logistics Center (SILC), PCB-4

CONTINUED ON PAGE 2

17a. CONTRACTOR/ OFFEROR

DUNS:

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE 51800 U.S. Coast Guard Finance Center

Chesapeake, VA

(DO NOT SEND INVOICES TO THE USCG FINANCE CENTER)

CONTINUED ON PAGE 3

FORMCHECKBOX

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

*Payments will be made by Electronic Funds Transfer (EFT)* 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

FORMCHECKBOX

SEE ADDENDUM: CONTINUED ON PAGE 3

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provide and Operate a vessel in support of Aviation Training Program at USCG Air Station Clearwater.

CONTINUED ON PAGES 2-38

25. ACCOUNTING AND APPROPRIATION DATA (FOR GOVT USE ONLY)

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

FORMCHECKBOX

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 AND 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX

ARE / FORMCHECKBOX

ARE NOT ATTACHED.

FORMCHECKBOX

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX

ARE / FORMCHECKBOX

ARE NOT ATTACHED.

FORMCHECKBOX

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE (1) COPY(S) 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.

FORMCHECKBOX

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 (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

Authorized for Local Reproduction

STANDARD FORM 1449 (Rev. 3/2005)

Previous Editions Not Usable

Prescribed by GSA – FAR (48 CFR) 53.212

Continuation of SF-1449 Block 15: Deliver To

Deliver To:

U.S. COAST GUARD AIR STATION CLEARWATER

Place of Performance:

15100 RESCUE WAY

CLEARWATER, FL 33762

Place of Acceptance on behalf of the Government: U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC), PCB-4, 300 East Main Street, Suite 965, Norfolk, VA 23510-9112.

Continuation of SF-1449 Block 16: Administered By (Contract Management)

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 as follows:

A. Contract Administration: The U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center, PCB, 300 East Main Street, Suite 965, 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) listed below. Changes in, or deviations from, the statement of work or terms and conditions of the contract shall not be effected without written modification to the contract as executed by a USCG Contracting Officer.

Primary Contracting Officer:

Wendy J. Culbreth

Telephone #: (757) 628-4824

E-Mail: Wendy.J.Culbreth@uscg.mil Alternate Contracting Officers:

Janet M. Kodmon

Telephone #: (757) 628-4115

E-Mail: Janet.M.Kodmon@uscg.mil Or any warranted USCG SILC PCB Contracting Officer.

B. 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 commit the Government.

Contract Specialist: Jessica Coltz

Telephone #: (757) 628-4490

E-Mail: jessica.l.coltz@uscg.mil

Fax #: (757) 628-4135

C. The Contracting Officer’s Technical Representative (COTR) is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within the scope of the contract. The COTR 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 COTR and the authorities and limitations of the COTR 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.

Continuation of SF-1449 Block 17b: Remittance Address

Payment will be made by Electronic Funds Transfer (EFT) to the Financial Institution listed in the Central Contractor Registration (CCR).

Continuation of SF-1449 Blocks 18a and 18b: Invoice Procedures

The Contractor shall forward an original invoice (or electronic invoice) and any necessary supporting documentation to the following designated billing office address, e-mail addresses, or fax number after services are ordered via a task order and provided by the contractor:

· U.S. Department of Homeland Security

United States Coast Guard

Shore Infrastructure Logistics Center, PCB-4

Attn: Judy Winkler

300 East Main Street, Suite 965

Norfolk, VA 23510-9112

· Judy.L.Winkler@uscg.mil and Jessica.L.Coltz@uscg.mil

· Fax number (757) 628-4135 (Attn: Judy Winkler / SILC, PCB-4)

The Contractor shall submit a proper invoice as identified in FAR Clause 52.212-4, (g) Invoice. All invoices shall be itemized to correlate to the Schedule of Supplies/Services herein. Invoices shall be submitted on a monthly basis; only after completion of monthly services. All improper invoices will be rejected which could delay payment.

Continuation of SF-1449 Blocks 19-24: Schedule of Supplies/Services

Services Required/Place of Performance: The Contractor shall furnish all labor, material, and equipment to provide and operate vessel or vessels in support of the U.S. Coast Guard Aviation Training Program at U.S. Coast Guard Air Clearwater, Clearwater, FL for a base 4year plus four (4) option years, if exercised, in accordance with the Statement of Work, all the terms and conditions of the contact, and in accordance with the following:

INDEFINITE DELIVERY REQUIREMENT TYPE CONTRACT

Quantity

Base Year : 31 August 2011 through 30 August 2012

Option Year One: 31 August 2012 through 30 August 2013

Option Year Two: 31 August 2013 through 30 August 2014

Option Year Three: 31 August 2014 through 30 August 2015

Option Year Four: 31 August 2015 through 30 August 2016

Note: The unit price for CLIN 00001, 10001, 20001, 30001, and 40001 shall only include the cost for a standard training block. The standard training block will include THREE (3) hours of contract vessel on scene time, not transit time to/from the training site from the contractor’s mooring/docking location. As a result, the contractor will only be paid for the actual training blocks used under this contract. The Government will not be obligated to pay the contractor for unused training blocks under this contract.

The following abbreviation are used in the price schedule above:

CLIN: Contract Line Item Number Other Contract Terms and Conditions.

1. Contractor’s Releases.

The Government may require the Contractor to complete Contractor’s Releases (DHS Form 700-3 or an equivalent form) at the completion of the contract/each task order.

2. Contractor Performance Evaluations.

a. In accordance with FAR Subpart 42.15, Contractor Performance Information, the Contractor's performance will be evaluated throughout the contract period of performance. The results will be compiled and reported in a Contractor Performance Report for use by this agency and other government agencies for future source selection decisions. The report will be compiled jointly by the Contracting Officer's Technical Representative (COTR) and the Contracting Officer. The Contracting Officer will forward the report to the Contractor for comments. In the case of a contract with option years, interim reports will be completed.

b. The areas to be evaluated include, but are not limited to: Quality of Product or Service, Schedule, Cost Control, Business Relations, Management of Key Personnel and Utilization of Small Business.

c. Each area will be evaluated using the following scale: Exceptional, Very Good, Satisfactory, Marginal and Unsatisfactory.

d. The Contractor Performance Assessment Reporting System (CPARS) shall be used for all performance evaluations. Copies of the reports will be maintained in the CPARS database and in hard copy in the official contract file.

e. The results of the report will be provided to the Contractor who will be given a period of thirty (30) days to review and provide comments. All comments will be considered by the Contracting Officer and reviewed in accordance with FAR 42.1503. The report will be marked "Source Selection Information" and safeguarded ‘for official use only’ in accordance with Federal Acquisition Regulation Part 3.104. Since there is a limitation of 2000 characters for each area evaluated, there may be an occasion that all evaluations and comments be manually addressed and maintained in the official contract file. If this is the case, each area will be annotated to contact the cognizant Contracting Officer for all evaluation documentation.

Contractors are highly encouraged to register with CPARS. Registration may be accomplished on-line at http://www.cpars.csd.disa.mil/cparsmain.htm. By registering, the Contractor will receive timely notice of government inputs into the database and the opportunity to respond on-line to all government comments.

STATEMENT OF WORK / SPECIFICATION

1.0 Scope of Work: This Statement of Work describes the vessel and personnel required to support aviation training for U.S. Coast Guard Air Station Clearwater, FL. The contractor will be responsible for providing and operating a vessel in support of the U.S. Coast Guard’s aviation training program. Specifically, the contractor shall provide all necessary management, supervision, personnel, labor, materials, fuel, and equipment necessary for the vessel to support helicopter hoisting, and fixed-wing aerial delivery evolutions by Air Station Clearwater aircraft.

1.1 Background: To maintain aircrew proficiency, it is necessary to conduct helicopter hoists of equipment to and from underway vessel, helicopter delivery and recovery of rescue swimmers, and fixed wing aerial delivery of dewatering pumps and other equipment to the water. These skill sets require both initial and proficiency training for Coast Guard pilots and aircrews. In the past two years, this requirement was fulfilled using a Contracted vessel, and Coast Guard small boats and patrol boats. The U.S. Coast Guard’s increased operational commitments have reduced the availability of Coast Guard small boats and crews to provide support for the required aviation training.

1.2 Vessel Description: The contracted training vessel for helicopter and fixed-wing hoisting and recovery training shall have the following characteristics:

· No shorter than 40 feet and no longer than 65 feet in length

· Have at least a 9 foot beam

· Have a gross vessel weight of at least 10 tons

· Have a maximum draft not exceeding 4 feet (an extremely shallow draft vessel is undesirable due to drift characteristics when subjected to rotor downwash)

· Have no permanent structures protruding higher than 20 feet above the water line which cannot be quickly stowed (e.g. antennas)

· Must have a minimum deck area of 60 square feet on the aft (fantail) portion of the vessel to allow two crewmembers to safely conduct training/hoisting operations with a basket lowered from the helicopter. Deck area must be free of all obstructions.

· Must be capable of maintaining a heading of + / - 10 degrees at a speed of 5 knots while operating under a large helicopter producing 90 knots of rotor downwash in varying sea states and winds

1.2.1 Other Characteristics: The vessel must also meet the following characteristics:

· Must be capable of easily recovering personnel or floating equipment from the water

· Must be capable of maintaining at least 10 knots transit speed for a minimum of 3 hours; 15 knots for 3 hours is desired

1.2.2 Vessel Equipment: The vessel shall have, at a minimum, all equipment required by law including a fathometer, radar, VHF-FM multiple frequency capable 2-way marine radio with specified frequencies/channels (13, 16, 21, 22, 23, 81, 83) and minimum ranges (20 NM), a cellular phone for secondary communications to the Air Station Clearwater Operations Center, GPS, and a long-distance high-beam search light (fixed or hand-held). A radio headset or other equipment/technique is required to demonstrate that the operator can hear radio communications between the training vessel and helicopter while a helicopter is directly overhead the vessel. Note: fathometer and radar not required to be onboard during airborne weapons training.

1.2.3 Safety Equipment: The vessel shall be outfitted with a contractor furnished first aid kit and approved Type III personal flotation devices for crew and passengers. Survival suits shall be provided, by the contractor, as needed for crew members allowing them to operate on the weather deck / under rotor downwash continuously in cold temperatures. The contractor shall provide helmets, goggles, and hearing/ear protection, for use by crew members during helicopter hoisting operations. Anticipate that static electricity charge from the helicopter will be encountered. The vessel shall demonstrate the means to dissipate electrical charge through a grounding wand to the water or to the vessel. The contractor shall operate and maintain the vessel, as well as all equipment and systems, in accordance with the original equipment manufacturer’s technical manuals and specifications, United States Coast Guard regulations, and any applicable federal, state, and local regulations.

1.2.4 Required Docking/Mooring Facilities: The contractor will also be responsible for providing docking/mooring facilities for their vessel. The vessel shall be located within a one-hour transit time from the geographical area of operation. This includes potential facilities as far north as New Port Richey and as far south as Sarasota. The operating area is bounded by Anclote Key in the north (in vicinity of Holiday) to Longboat Key Pass in the south (in vicinity of Sarasota) on Florida’s West Coast.

1.3 Personnel: All contractor personnel are required to be U. S. citizens or legal residents of the United States.

1.3.1 Point Of Contact: The contractor shall provide a point of contact who shall be available to discuss work performed under this contract during the normal working day (8:00 AM to 4:00 PM EDT/EST) and during periods of underway time. The point of contact shall be able to read, write, and speak English fluently.

1.3.2 Crew: Minimum vessel crew shall consist of a coxswain and two deckhands. The crew shall be currently trained in rescue techniques and water survival. Each of the crew members shall be capable of operating and maneuvering the vessel during helicopter hoist operations and for aerial delivery equipment pickup as well as any required rescue operations. The training vessel shall also be able to accommodate one Coast Guard member during certain designated training situations (e.g. certain scenarios may require a Coast Guard member to conduct role playing with aircraft).

1.3.2.1 Coxswain: The coxswain shall be licensed, at a minimum, for the size of the vessel being operated, including the carriage of six passengers, and shall be qualified in CPR.

1.3.2.2 Deckhands: The deckhands shall be knowledgeable in shipboard operations, rigging for helicopter operations, and deck seamanship. Training in procedures for helicopter operations will be provided by the Coast Guard.

1.4 Operational Requirements / Sites: The schedule required and the operating site is as follows:

1.4.1 Normal Schedule: Typically the contractor will be required to provide services in 3-hour blocks once a day but could be asked to provide services twice a day as needed. Services should be available on any day of the regular work week (Monday through Friday) between the hours of 10:00 AM and 10:00 PM (1000-2200) EST/EDT but it is expected to mainly be conducted on Tuesdays, Wednesday, and Thursdays. Operations on Mondays if needed will typically be conducted for “on-scene” periods of 3 hours in the late morning or early afternoon. Operations on Tuesday, Wednesday, and Thursday will typically be conducted for “on- scene” periods of 3 hours commencing 1-2 hours prior to official sunset. Training operations on Friday will be coordinated with the contractor as needed. The Coast Guard will provide specific times for services at a minimum of 24 hours in advance. Additional training periods may be conducted to accommodate surge training requirements on a schedule mutually agreed upon by the parties. The contractor shall contact the Air Station Clearwater Operations Center prior to departing mooring to ensure unexpected search and rescue or other non-scheduled events have not cancelled the training.

1.4.2 Area of Operations: The primary area of operations will be 3 to 15 nautical miles offshore from Egmont Key. Other operational areas may be discussed and determined by the contractor at the commencement of the contract and may be changed by the contractor with two weeks prior notification to the Contracting Officer’s Technical Representative (COTR) at Air Station Clearwater. Mutually agreed upon areas for training may also take place within 48 hours of a scheduled training period.

1.4.3 Operational Log: The contractor shall maintain a log of all operations, which includes dates, location, times, duration and type of evolutions being performed. The log shall be passed to Air Station Clearwater COTR on a monthly basis within 5 days of the end of the month.

1.4.4 Communications during Operations: The contractor shall ensure that the vessel contacts an appropriate U.S. Coast Guard communication facility at intervals not to exceed 30 minutes while engaged in aviation training services. This communication facility will typically be the Coast Guard Sector Command Center in St. Petersburg, FL.

1.4.5 Weather Criteria: The Vessel must be capable of completing training requirements in sea states of up to 4 feet and wind speeds of up to 30 knots.

1.4.6 Functions / Tasks: The contractor shall support training operations for the hoisting and/or deployment of equipment from government aircraft. These objects may be delivered directly to the contract vessel or dropped into the water for retrieval. The contractor shall also serve as an on scene search and rescue asset during helicopter rescue swimmer deployment evolutions and helicopter approaches to the water. The training to be conducted will be both initial for new aviators/aircrews and proficiency maintenance for experienced aviators/aircrews.

1.5 Performance Evaluation Meetings: The contractor’s project manager shall meet at least biweekly with the Contracting Officer, COTR or QAE during the first two months of the contract to discuss performance problems and review contractor corrective actions. The operational log will also be used to verify the contractor’s timely arrival on station. If the contractor fails to meet the scheduled training events or is unable to complete the training activity, the frequency of not fulfilling the scheduled requirements may be the basis for a deduction in the charter hire. Meetings will be held thereafter at intervals to be established by the COTR or QAE.

1.5.1 Pre-Award Inspection and Evaluation: A successful quote by a potential contractor will require an inspection and underway/on-scene evaluation of performance characteristics to ensure that the vessel meets the requirements indicated in this Statement of Work. Contractors shall anticipate background checks of personnel operating the vessel. Additionally, personnel operating the vessel will be encouraged not to discuss specifics of Coast Guard training characteristics or training performance with personnel outside the government.

1.6 Liability Insurance: The contractor is responsible for ensuring they have adequate liability insurance coverage under FAR provisions 28.306.

1.7 Communication Procedures: The government shall provide/assign VHF communication frequencies for contractor use. The contractor shall provide a cellular phone on board for secondary communications with the Air Station Clearwater Operations Center.

1.8 Orientation Briefing & Training: The government shall provide an orientation brief and initial training for key contract personnel prior to the contract start date. The orientation and training will include at a minimum safe boating practices, vessel hoisting operations, rescue swimmer operations, dewatering pump delivery operations, helicopter gunnery and use of force techniques, etc. The government shall also provide semi-annual refresher training on the same items.

1.9 Invoicing for Service: A set payment will be established for a standard training block. The payment will be the same regardless of whether the Coast Guard actually uses the full scheduled time. The standard training block will include three hours of contract vessel on scene time, not including transit time to/from the training site from the contractor’s mooring/docking location. Scheduled unused training time may be banked by the Air Station and added onto any future training block. No training event shall exceed six hours. Unused training time may not be used to set up a separate trip. Any unused training time at the end of the contract will be forfeited.

1.9.1 Cancellation Policy: Operations, maintenance, or other issues could force cancellations of previously scheduled training events. In the event that a cancellation is anticipated with greater than 24 hours notice to the contractor, no cost will be incurred by the Coast Guard for that mission. If cancellation occurs with less than 24 hours, from the previously agreed upon start time of a training event, the Coast Guard agrees to pay 50% of the cost of the training event. which is cancelled. The Air Station Flight Schedules Officer will communicate the cancellation via email and cell phone, to the point of contacts provided by the contractor. If no answer or reply is received when an attempt is made, voice mail or email shall suffice for informing contractor of cancellation.

CONTRACT CLAUSES

FAR CLAUSE 52.212-4: Contract Terms and Conditions-Commercial Items (JUN 2010)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable Delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -

(i) Name and address of the Contractor;

(ii) Invoice date and invoice number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent Indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of Loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. - Modified

The contract price (including unit prices) includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s Convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for Cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of Liability. - Modified

(1) The Contractor shall assume all liability for and shall indemnify and save harmless the Government, its officers, enlisted personnel, agents and employees from and against any loss, damage or injury which may be sustained by any person or persons, whether they be employees, agents, or representatives of the parties hereto, or third persons, as a result of the Contractor‘s failure to perform this contract as required by its terms. The Contractor also shall be liable for and shall at all times defend, indemnify and hold harmless the government, its officers, enlisted personnel, agents and employees from and against any and all public or private environmental claims or liabilities arising from the Contractor‘s performance of this contract; public or private environmental claims or liabilities shall include but not be limited to civil and criminal penalties, natural resource damages, response costs, cleanup and remediation, damage to government and third party property, and any other third party liability.

(2) In the event any such claim or demand is made upon the Government, its officers, enlisted personnel, agents or employees, or in the event any suit therefore is instituted, the Government shall give immediate notice of such claim or suit to the Contractor and will refrain from any payment or demand with respect to such claim or suit without first allowing the Contractor a reasonable opportunity to resolve the claim. The Contractor‘s liability under this clause shall include reimbursement to the Government, its officers, enlisted personnel, agents and employees for any judgments, payments or litigation expenses occasioned to them in connection with claims, demands or suits of which notice has been given by the Government.

(3) The Contractor releases the Government, its officers, enlisted personnel, agents and employees from any liability for any loss, damage or injury which may be sustained by the Contractor‘s failure to perform this contract as required by its terms.

(4) Notwithstanding any other provisions of this clause, the Contractor shall not be liable for or required to defend, indemnify, hold harmless or release the Government, its officers, enlisted personnel, agents and employees for any judgments, payments or expenses arising out of and to the extent of the gross negligence, willful misconduct or criminal acts of the Government, its officers, enlisted personnel, agents or employees.

(q) Other Compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with Laws Unique to Government Contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of Precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR). - Modified

(1) The Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

ADDENDUM TO FAR CLAUSE 52.212-4; the following paragraphs are added to the clause.

(u) FAR Clause 52.204-1: Approval of Contract (DEC 1989). - Added This contract is subject to the written approval of a Contracting Officer from the United States Coast Guard, Shore Infrastructure Logistics Center (SILC) and shall not be binding until so approved.

(v) FAR Clause 52.209-9: Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2011). – Added

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b) (1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) (i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past…