Solicitation_Waterborne_Trans_Svcs.doc

NOTICE TO OFFERORS

SOLICITATION NUMBER: HSCG84-13-Q-B11051

The U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center, Chief of Contracting Office for Base Support and Services, COB4 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 “unrestricted” under Full and Open Competition in accordance with FAR Subpart 6.1. The applicable North American Industrial Classification Code (NAICS) is 483114, Coastal and Great Lakes Passenger Transportation and the Small Business size standard is 500 employees. Note: A Small Business Subcontracting Plan (in accordance with FAR Clause 52.219-9) is required for Large Businesses only.

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. You must submit ALL of the documents and information listed in FAR Provision 52.212-1, (b) Submission of Offers (pages 31-33) by the “Offer Due Date/Local Time” (SF-1449/Block 8) to be eligible for award. Also, see FAR Provision 52.212-2 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, COB-4

Attn: Emely Hagins

Coast Guard Island, Bldg. 54-C

Alameda, CA 94501-5100

· Via email to Emely.Hagins@uscg.mil

4. QUESTIONS/CONCERNS: It shall be the obligation of the offeror 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 regarding this solicitation shall be submitted in writing to the Contract Specialist at Emely.Hagins@uscg.mil no later than 12 December 2013 PM Pacific. Follow-up/additional questions will not be accepted after this date. Offerors shall reference the solicitation number and provide enough information in their e-mail 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 offerors.

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, 23, 24, & 30

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG84-13-Q-BB8053

6. SOLICITATION

ISSUE DATE

11/20/2013

Emely Hagins

b. TELEPHONE NUMBER (No collect calls)

(510) 437-3057

8. OFFER DUE DATE/

LOCAL TIME

12/19/2013 02:00 PM Pacific

9. ISSUED BY CODE 84

U.S. Department of Homeland Security

United States Coast Guard

Shore Infrastructure Logistics Center (SILC), COB-4 Coast Guard Island, Bldg. 54-C Alameda, CA 94501-5100

Telephone: (510)437-3057 Fax: (510) 437-3014

10. THIS ACQUISITION IS

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UNRESTRICTED OR

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SET ASIDE: % FOR:

SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

HUBZONE SMALL BUSINESS

BUSINESS FORMCHECKBOX

8(A)

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

NAICS: 483114

SIZE STANDARD: 500 Employees

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

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SEE SCHEDULE

12. DISCOUNT

TERMS

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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

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 - 4

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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

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SEE ADDENDUM: CONTINUED ON PAGE 3

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The USCG has a requirement for Waterborne Round Trip Transportation Services in accordance with the Performance Work Statement (pages 8-14).

SEE PAGES 6 FOR THE SCHEDULE OF SUPPLIES/ SERVICES

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

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

CONTINUED ON PAGE 7

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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.

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

ARE / FORMCHECKBOX

ARE NOT ATTACHED.

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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.

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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

Place of Performance: San Francisco Bay Area.

Place of Acceptance on behalf of the Government: U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center, Chief of Contracting Office for Base Support and Services, COB4, Coast Guard Island, Bldg. 54-C, Alameda, CA 94501-5100

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:

Contract Administration: The U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center, Chief of Contracting Office for Base Support and Services, COB4, Coast Guard Island, Bldg. 54-C, Alameda, CA 94501-5100 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 Performance Work Statement 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: Dawn J. Dabney

Telephone #: (757) 628-4261 E-Mail: Dawn.J.Dabney@uscg.mil Alternate Contracting Officer: Janet M. Kodmon

Telephone #: (757) 628-4115 E-Mail: Janet.M.Kodmon@uscg.mil Alternate Contracting Officer: Wendy J. Culbreth

Telephone #: (757) 628-4824

E-Mail: Wendy.J.Culbreth@uscg.mil A. Contract Administrator (Contract Specialist): Serves as the point of contact between the Contractor and the Contracting Officer(s); however, this person does not have the authority to contractually commit the Government.

Contract Specialist: Emely Hagins

Telephone #: (510) 437-3057

E-Mail: Emely.Hagins@uscg.mil

Fax #: (510) 437-3057 B. The Contracting Officer’s Representative (COR) 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 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.

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

Electronic submission of invoices is mandatory for this Contract.

(1) The Contractor shall submit invoices for the services via the U.S. Coast Guard Finance Center website at:

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

(2) The web submission requires the contractor to complete the Contractor Invoice Submission Form, select the correct Invoice Routing Code, and attach a PDF file(s) of the invoice and any necessary supporting documentation.

(3) A sample of the Contractor Invoice Submission Form is provided on the following page. Mandatory information to be completed is highlighted in red on the website.

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

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

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

Invoice Information Invoice Routing Code: (help) Invoice Number: (help) Contract Number: (help) Invoice Date: (help) BPA Number: (help) Invoice Amount: (help) Delivery/Task Order Number: (help) Discount Terms: %

Discount Days: Net Days: (help)

Company Information Attachment of Official Invoice Company Name: (help) DUNS: Plus 4: (help) Point of Contact Name: (help) Point of Contact Email: (help) Phone: (help) Fax: (help)

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

· Attachment must be a single PDF file no larger than 3 MB. Grey-scale PDFs are not compatible. This will be our official invoice. Supporting documentation must be combined in the single PDF file or submitted to your contracting office separately via email.

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

Bottom of Form

(4) The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this Order is SILC COB-4.

(5) Visit the U.S. Coast Guard Finance Center Website for instructions regarding invoice attachments. http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(6) A copy of the invoice and any supporting documentation shall also be e-mailed to the following individuals: Judy.L.Winkler@uscg.mil and Emely.Hagins@uscg.mil.

(7) 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. All improper invoices will be rejected which could delay payment.

(8) 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.

(9) 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 19-24: Schedule of Supplies/Services

A. Contract Type.

The contract type is an Indefinite-Delivery Indefinite-Quantity (IDIQ) Contract with Fixed Unit Prices*. Task Orders will be issued in accordance with the contract when services are required. Task Orders will be issued on an Optional Form 347 (OF-347), “Order for Supplies or Services” (or other equivalent form). Individual Task Orders will specify the quantity ordered and the period of performance of the Task Order. The Contractor is not authorized to provide services prior to the issuance of a Task Order.

*Fixed Unit Prices shall include all costs to provide the services, 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.

B. Estimated Quantities.

When services are required, the U.S. Coast Guard anticipates the need for approximately 6-15 trips per month or 150 round trips per year. The quantities per month may go up or down depending on the needs of the U.S. Coast Guard.

C. Contract Period of Performance.

Base Year: 01 April 2014 – 31 March 2015 (or date of award) Option Period One:

1 April 2015 – 31 March, 2016 (if exercised by the Government) Option Period Two:

1 April 2016 – 31 March, 2017 (if exercised by the Government) Option Period Three:

1 April 2017 – 31 March, 2018 (if exercised by the Government) Option Period Four:

1 April 2018 – 31 March, 2019 (if exercised by the Government) The contract period of performance shall not exceed five years if all options years are unilaterally exercised by the Government in accordance with FAR Clause 52.217-9; unless FAR Clause 52.217-8 is also unilaterally exercised by the Government to extend the contract for up to an additional 6 months.

D. Abbreviations.

The following abbreviation(s) are used in the price schedule shown on the following page.

CLIN: Contract Line Item Number E. Schedule of Supplies/Services and Unit Prices.

BASE YEAR: 01 APRIL 2014 THROUGH 31 MARCH 2015

Est.

Unit

CLIN

Schedule of Services Qty

Unit

Price

Amount

00001 Waterborne Transportation

EA

(*See note 1 below)

OPTION YEAR 1: 01 APRIL 2015 THROUGH 31 MARCH 2016

Est.

Unit

CLIN

Schedule of Services Qty

Unit

Price

Amount

10001 Waterborne Transportation

EA

OPTION YEAR 2: 01 APRIL 2016 THROUGH 31 MARCH 2017

Est.

Unit

CLIN

Schedule of Services Qty

Unit

Price

Amount

20001 Waterborne Transportation

EA

OPTION YEAR 3: 01 APRIL 2017 THROUGH 31 MARCH 2018

Est.

Unit

CLIN

Schedule of Services Qty

Unit

Price

Amount

30001 Waterborne Transportation

EA

OPTION YEAR 4: 01 APRIL 2018 THROUGH 31 MARCH 2019

Est.

Unit

CLIN

Schedule of Services Qty

Unit

Price

Amount

40001 Waterborne Transportation

EA

*Note 1: For transits west of the Golden Gate Bridge, a flat "round trip" fee shall apply. This “trip" includes transits up to 15nm offshore. This round trip fee shall include transportation to the Government’s intended location(s) West of the Golden Gate Bridge and transportation back to either the requested point of disembarkation if San Francisco Boarding Teams (SBT) are onboard or to the Contractor’s berthing location if no SBTs are onboard (From the bay to sea or from the sea to bay (where “sea” means outside the Golden Gate)). One or more SBT teams may be onboard on either of the outbound and/or inbound legs of the transit.

Continuation of SF-1449 Blocks 26: Total Award Amount A. Total Minimum Guarantee Amount: $10,000.00 This contract obligates the minimum guarantee in the amount of $10,000.00; however, the $10,000.00 will be de-obligated off of the contract, via a unilateral contract modification, when the total minimum guarantee is satisfied through the award of task orders. If the entire minimum guarantee amount is not satisfied through the award of task orders during the contract period of performance, then the remaining amount of the minimum guarantee shall be paid to the Contractor via a task order at the end of the contract period of performance. If no task orders are ever awarded during the contract period of performance then the total minimum guarantee amount shall be paid to the Contractor in full at the end of the contract period of performance via a task order. Note: If the contract is Terminated for Cause, the minimum guarantee or the remainder of the minimum guarantee may not be paid to the Contractor as stated above.

B. Total Not-To-Exceed Contract Ceiling: $850,000.00 All task orders issued pursuant to this contract shall not exceed the Not-To-Exceed Contract Ceiling. The contract will remain in place and task orders may be issued in accordance with the contract until the Not-To-Exceed Contract Ceiling has been used in its entirety or until the contract period of performance ends, whichever occurs first.

Other Contract Terms and Conditions.

PERFORMANCE WORK STATEMENT (PWS)

1. SCOPE OF WORK:

The services required are for waterborne, round trip transportation of Coast Guard Sector San Francisco Boarding Teams (SBT) to and from waterfront locations within San Francisco Bay and its tributaries and locations up to 15 nautical miles offshore. As such, these will include transits out to meet inbound ships; transits back to the harbor from outbound ships; and also transits to and from ships making movements internally within the harbor and up to 15 nautical miles offshore, due west of the Golden Gate Bridge. Transfers to all cargo vessels will take place after the Contractor boards on inbound transfers and after the Contractor disembarkation on outboard transfers.

2. GENERAL REQUIREMENTS:

2.1. Transport services are required in order to safely embark and disembark Government personnel to and from large commercial merchant vessels, primarily ranging in size from 200 to 900 feet long. These vessels carry a wide variety of cargo including, but not limited to crude oil, automobiles, containerized cargo, dry cement, scrap steel, and hazardous liquids. The provided vessel shall also provide maneuvering close aboard, as required to move SBTs between the provided vessels and ship’s accommodation ladders. The actual area of coverage is the San Francisco Bay and it’s tributaries including waters extending up to 15 nautical miles offshore. Other transportation needs may include pick-up and drop-off to and from other vessels and/or waterfront facilities in the San Francisco Bay and tributaries. The most common areas/waterfront facilities visited currently include: San Francisco waterfront and Naval Air Station Alameda as well as other locations within an area bounded by Oakland Outer/Inner Harbors up to Howard’s Terminal to the east, South Hampton Shoal Channel to the north, and Anchorage 14/Hunter’s Point to the south.

2.2. The number of SBTs and associated boarding team members will normally be between 4 and 6 per transit, with 6 being typical. The total number of people may be as high as 10 in unusual circumstances (e.g. requests from the media; requests from government officials; larger team requirements for heightened threat conditions, etc.), except for larger boarding teams that may be required without notice to respond to security threats. Larger team requirements may be accomplished through the use of multiple transits or by using a Station Boat, which would require an additional 30 minutes of transit time.

2.3. Sector Boarding Teams will always include at least one credentialed Coast Guard Boarding Officer, but may also include officers’ from other government agencies, including U.S. Customs and Border Protection and the Naval Criminal Investigative Service (NCIS). Any non-Coast Guard team members must be checked for personnel safety before coming on board. USCG will notify the Contractor when non-CG personnel are participating in the boarding. Non-Coast Guard team members should have the proper equipment, training, and physical condition necessary to conduct vessel-to-vessel transfers or may be denied service by the Contractor.

2.4. If weather precludes the completion of the transit, the Contractor shall be entitled to partial payment (hourly rate) for consideration based on the amount of time invested. Under no circumstances will the Government incur a cost for full transits, when before the transit begins or during the transit, there are doubts that a complete trip can be accomplished.

2.5. Use of Government Facilities: On special occasions, or in the event of an emergency the Government may arrange transportation pick-up or drop-off on Yerba Buena Island at the same cost listed in the schedule of supplies or services. If utilized, transportation details will be arranged by the COR or Sector Boarding Team Chief.

2.6. Lost and Found: The Contractor shall require that all articles found by his/ her employees belonging to or possibly belonging to government personnel be turned into the Project Manager for return to the COR.

3. DEFINITIONS:

3.1. Standard Definitions as used throughout this contract, the following terms shall have the meaning set forth below:

3.2.

BARCON: Bar condition. This describes the weather conditions around the boarding area and is determined by Sector Boarding Teams and/ or Contractor. The three conditions are described below:

3.2.1. GREEN: No restrictions, regular weather conditions.

3.2.2.

YELLOW: Limited transfers, high priority vessels only. Moderate conditions, winds less than 40kts.

3.2.3.

RED: No Sector Boarding Team transfers. Extreme weather conditions, winds in excess of 40 knots.

3.3. COAST GUARD ISLAND (CGI): An island in the Oakland Estuary between Oakland and Alameda. This is the location of Marine Safety Office San Francisco Bay and a number of other Coast Guard Commands.

3.4. YERBA BUENA ISLAND (YBI): An island in the San Francisco Bay located between the cities of San Francisco and Oakland. This is the primary location of Sector San Francisco and Station San Francisco.

3.5. COMMAND DUTY OFFICER: Designated 24-hour representative for the USCG Sector San Francisco, San Francisco Bay.

3.6. CONTRACTING OFFICER (KO): A person duly appointed with the authority to negotiate and enter into and administer contracts on behalf of the Government.

3.7. CONTRACTING OFFICER'S REPRESENTATIVE (COR): The person(s) whom the Contracting Officer designates in writing by name and/or position title to conduct day to day liaison between the Contractor and the Contracting Officer on technical matters pertinent to this contract.

3.8. CONTRACTOR: The term Contractor as used herein refers to both the prime Contractor and any subcontractors. The Contractor will be responsible for insuring that the subcontractors comply with the provisions of this Contract.

3.9. COTP: Captain of the Port

3.10. EQUIPMENT: Personal property of a capital nature (including tools, machinery, furniture, vessels, vehicles, accessory and auxiliary items) for use in performing services, or for any administrative purpose.

3.11. SECTOR BOARDING OFFICER/SECTOR BOARDING TEAM (SBO/SBT): Armed Coast Guard law enforcement personnel with the authority to seize and arrest; specifically trained to deter, detect, and defend against acts of terrorism targeted towards persons or property of the United States. The SBO is responsible for the overall boarding including the team and any actions taken during the boarding. Additionally, the SBO is responsible for coordinating with the Contractor dispatcher when arranging the light.

3.12.

SECTOR BOARDING TEAM CHIEF/ASSISTANT CHIEF: Designated Coast Guard employee, who maintains overall responsibility for the SBT, assigns required vessel escorts and maintains the operation’s schedule.

3.13. PASSENGER: Is an individual carried on the vessel except the following:

3.13.1. The owner or an individual representative of the owner;

3.13.2. The master; and

3.13.3. A member of the crew engaged in the business of the vessel who has not contributed consideration for carriage and who is paid for on board services.

3.14. UNINSPECTED PASSENGER VESSEL: Vessels of less than 100 gross tons: carrying not more than 6 passengers, including one passenger for hire; and Vessels of more than 100 gross tons: carrying not more than 12 passengers, including one passenger for hire.

4. PERSONNEL:

4.1. Workforce/Employees: The Contractor shall provide a workforce with sufficient experience to perform all services prescribed by the terms of this contract. All personnel employed by the Contractor shall be experienced in the type of work involved and familiar with the performance work statement of this contract. The Contractor shall submit to the KO a roster of employees who may be contacted via the Contractor’s dispatch center. This information shall be used in case of emergencies. A current USCG license will be required for all personnel who operate vessels within the operational area described herein when government passengers are onboard.

4.2. Project Manager: The Contractor shall assign in writing a full time Project Manager (PM). This Individual shall be responsible for the performance of contract work and shall be the central point of contact with the Government. The PM shall have full authority to act for the Contractor in all matters of this contract. The PM shall have a minimum of 3 years current supervisory experience, (within the past six years) in the maritime industry to include similar tasks as specified in this Performance Work Statement and the Performance Requirements Summary. The PM shall be authorized to receive any notices of deficiency in contract performance. These notices may include, but are not limited to, the following: non-performance of work, deficiencies in work performed and notices of proposed payment deductions due to performance deficiencies. The PM will be notified by the COR when such deficiencies are noted.

4.3. Alternate Project Manager: When the PM is not present, the Contractor shall designate an alternate PM with the same authority and shall meet the requirements as stated by paragraph 4.2. above.

4.4. The Contractor shall ensure that the vessel crews have experience in conducting personnel transfers.

5. GENERAL REQUIRMENTS OF DUTY:

5.1. Maintenance Management: The Contractor shall be responsible for managing the total work effort associated with the services required herein to ensure fully adequate and timely completion of these services. Included in this function shall be a full range of management duties including, but not limited to, overall project management, planning, scheduling, cost accounting, report preparation, supervision, establishing and maintaining records and inventories, administering a preventive maintenance program, a quality control plan and all related work.

5.2. Scheduling: For routine pre-planned operations,the Contractor shall be responsible for providing the required services within 4 hours notice, 24 hours per day, 7 days a week. In the event of an emergent situation requiring immediate response, the Contractor will make every effort to provide boarding team transportation as soon as possible but no longer than 4 hours after notice. The Contractor is to schedule all work required under this contract with the COR or SBT Chief. Upon award of the contract, the Contractor will be provided with a telephone number to contact the COR or SBT Chief. When circumstances permit, a minimum four (4) hour notice will initially be given when scheduling waterborne transportation. This allows adequate preparation and time for Contractor’s personnel to ensure transportation arrangements are made. Times may change (either sooner or later) after the initial notice is given due to the nature of the shipping industry. The Contractor understands this industry norm and agrees to be flexible in order to accommodate Coast Guard needs. The Contractor shall be available to SBT schedulers by cell phone, in order to discuss logistics coordination and daily scheduling.

5.3.

A majority of the waterfront facilities in our area have increased security measures and, as a result, require notification prior to any pick-up and/ or drop-off activities. These notifications will occur as required and will be arranged when scheduling takes place between the Contractor and COR or SBT Chief.

5.4. The normal SBT pick up location is located at a location of operations from the transportation company which ever is most advantageous to the Government, though alternate pick up locations may be used per paragraph 2.1 of this work statement.

5.5. Conduct of Operations: The Contractor shall conduct all operations in such a manner as to minimize any inconvenience to Government passengers while underway. Likewise, if a boarded vessel’s destination is Anchorage 9, the SBT will accommodate the Contractor’s operations, if at all possible and advantageous to the Government, by riding the vessel to anchorage. The Contractor shall coordinate operations with the COR when working in conjunction with other Contractors and/or Government forces involved in this performance work statement. The Contractor shall afford such other parties a reasonable opportunity to perform their work at the time required, and shall protect such other work from damage incident to operations being conducted under this contract.

6. QUALITY CONTROL/QUALITY ASSURANCE:

6.1.

Contractor Quality Control: The Contractor shall establish and maintain a complete Quality Control, which is designed to maintain adequate quality of all personnel and equipment used under this contract and to ensure that the Contractor's work meets the requirements specified in this contract. Contractor inspections are independent of those performed by the Government. The contractor shall perform inspections on a routine basis to ensure adequate service delivery.

6.2. The Contractor will be required to provide to the KO a Quality Control Plan at the start of the contract year. The Quality Control Plan must be provided within ten (10) calendar days of the start of the contract year. If the Contractor revises the Quality Control Plan, the KO shall approve all revisions. Should the government opt to exercise one or more of the option periods, and if in the prior year the contractor revised its Quality Control Plan, the Contractor shall submit a revised Quality Control Plan reflecting the prior years changes if applicable. The Quality Control Plan must contain specific acts that the Contractor will complete to ensure that the Contractor’s employees achieve the quality of services described in the contract. The Quality Control Plan must include a monitoring program by which the Contractor will ensure that work is being completed properly. The Quality Control Plan must also include specific actions that the Contractor will take to improve performance whenever the Contractor discovers substandard performance, or when substandard performance is identified by Contractor Discrepancy Reports (CDR) filed by the COR. The Contractor will maintain records of its monitoring program, which will indicate the date, the time when monitored, a description of the quality and safety of work observed, and any follow-up actions taken. Upon request of the KO, the Contractor will allow the KO to review these records.

7. QUALITY ASSURANCE:

7.1. The Government will evaluate the Contractor's performance under this contract using the method of surveillance specified under the Performance Requirements Summary (Attachment 2). The Government will record all surveillance observations. When an observed defect cannot be corrected on the spot, the Contractor will be notified of the deficiency in writing using a CDR (Attachment 4). The COR will forward one copy to the Contractor and one copy to the KO. The Contractor shall provide their written response within five (5) working days from receipt, and then forward to the KO (copy to the COR) for final disposition.

7.2. The Quality Assurance Surveillance Plan (QASP) (Attachment 3) is provided for information purposes only and may be changed at anytime to meet the Government's need. The primary objective of the QASP is to determine the effectiveness of the contractor's quality control program.

7.3. Government personnel, other than the KO and the COR, may from time to time observe the Contractor’s operations. However, these personnel may not direct or interfere with the Contractor’s performance under this contract.

7.4. Performance Evaluation Meeting: The Contractor may be required to meet at least weekly with the contracting officer and the COR during the first month of the contract. Meetings will be as often as necessary thereafter as determined by the contracting officer. A meeting will be held, at the request of the contractor, whenever a CDR is issued. The Contractor, KO and COR shall sign the written minute of these meetings. Should the Contractor not occur with the minutes, the Contractor shall so state any areas of noncompliance in writing to the KO within 5 days of receipt of the signed minutes.

8. SAFETY:

8.1. All equipment used under this contract shall be maintained and used in a safe and effective condition. The Contractor shall comply with all Federal, State, or Local regulations, laws, codes, and requirements applicable to the Contractor’s business. The Contractor shall conform to any manufacturer's safety precautions for the equipment or material being used. The Contractor shall provide Material Safety Data Sheets to the COR for any commercially acquired chemical products utilized on the vessel.

8.2. The Contractor shall instruct employees in appropriate safety measures and shall not permit them to place equipment in any locations in such a manner as to create safety hazards. Warning signs shall be provided by the Contractor to designate slippery or unsafe conditions.

8.3. Contractor shall report all incidents in which there is any injury to personnel or damage to Contractor property by government personnel to the KO within a 24-hour period. In the case of any emergency, Contractor shall notify the Command Duty Officer as soon as practicable at 415-399-3545

9. RESPONSIBILITY AND ACCOUNTABILITY:

9.1. The Contractor shall assume full responsibility and accountability for the provided vessel. The Contractor shall be responsible for any repairs caused by negligence or abuse of facilities on the Contractor's part, or on the part of the Contractor's employees, including sub-Contractor employees.

9.2. General: It is the intention of the Government that this contract will provide a safe, reliable and efficient transportation service where personnel of the Government may be transported within San Francisco Bay, its tributaries, and waters extending up to 15 miles from the coastline, to and from other vessels, piers, docks, and other waterfront facilities. The following requirements are designed to ensure that these critical objectives are met and maintained.

10. VESSEL REQUIREMENTS:

10.1. The Contractor shall supply a minimum of two (2) vessels and crewmembers that comply with all applicable Federal, State, and COTP/ OCMI Regulations.

10.2. Vessels weighing less than 100 gross tons shall not carry more than six (6) government passengers without a Coast Guard inspected vessel and a valid USCG Certificate of Inspection must be onboard the vessel. Vessels weighing more than 100 gross tons shall not carry more than twelve (12) government passengers without a Coast Guard inspected vessel and a valid USCG Certificate of Inspection must be onboard the vessel.

10.3. The Contractor shall provide a vessel that meets the following minimum standards:

10.3.1. The capability of sustaining a speed between 12 and 15 nautical miles per hour with a range of 100 NM in normal sea conditions, which equate to swells approximately two to four feet in height.

10.3.2. Equipped with an adequate boarding platform to effect safe transits for government passengers to and from other vessels, piers, docks, and other waterfront facilities. Adequate boarding platform is defined as a vessel with facilities designed to mitigate the inherently dangerous nature of personnel transiting from ship to ship. These facilities include a raised platform, ropes and/or guides to assist with transfer to pilot ladders and tires or other devices specifically designed to facilitate continued contact between the originating vessel and targeted transfer platform.

10.3.3. Equipped with an approved sanitation system for passenger use during transit. The head shall be fully enclosed with access via a lockable door and kept clean. The passenger space shall also be kept clean and presentable, free of tripping hazards and free from excessive dust, crumbs, etc.

10.3.4. Equipped with a U.S. Coast Guard approved inflatable buoyant apparatus, appropriately rated to act as a safety platform for all persons on board.

10.3.5. Equipped with an operable marine band VHF radio in order to communicate with other Coast Guard assets and/ or personnel. VHF radio shall be capable of transmitting and receiving VHF Channels 14, 16, and 21A.

10.3.6. Must be capable of staying on station at the sea buoy, approximately 9 nautical miles west of the Golden Gate Bridge for periods of up to 24 hours.

10.4. The Contractor shall provide vessels available for operation 24 hours a day, seven days a week including Federal Holidays. This may, at the Coast Guard’s determination, include operating in inclement weather, depending on the BARCON.

;CONTRACT CLAUSES

FAR CLAUSE 52.212-4: Contract Terms and Conditions-Commercial Items (SEP 2013)

(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 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— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), 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 at 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. – Tailored 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.