HSCG84-13-R-BB8031-FINAL.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: HSCG84-13-R-BB8031

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 Part 15, Contracting by Negotiation

This solicitation is issued under Full and Open Competition after Exclusion of Sources in accordance with

FAR Subpart 6.2 / Set-Aside for Small Business in accordance with FAR Subpart 19.5. The NAICS code is 488390 and the size standard is $35.5M.

THE FOLLOWING INFORMATION IS HIGHLIGHTED FOR YOUR ATTENTION

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

2. Your offer shall include ALL of the documents and information listed on page 27 (FAR Provision 52.212-1, (b) Submission of Offers) and your offer shall be received by our office at or before the exact date and time specified on page 1 of the SF-1449, Block 8 to be eligible for award. Also, please read FAR Provision 52.212-2 (pages 34-35) 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: Amy L. McLiverty

300 East Main Street, Suite 965

Norfolk, VA 23510-9112

Via e-mail to Amy.L.McLiverty@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

Amy.L.McLiverty@uscg.mil no later than 12 December 2012 3:00 PM Eastern. 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. Answers to questions will be available after the due date for questions/concerns has past.

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

HSCG84-13-R-BB8031

6. SOLICITATION

ISSUE DATE

11/21/2012

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Amy McLiverty

b. TELEPHONE NUMBER (No collect calls)

(757) 628-4125

8. OFFER DUE DATE/

LOCAL TIME

12/12/2012

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: Amy L. McLiverty

300 East Main Street, Suite 965

Norfolk, VA 23510-9112

Telephone: (757) 628-4125

Fax: (757) 628-4135

10. THIS ACQUISITION IS

UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL

HUBZONE SMALL BUSINESS(WOSB)

BUSINESS ECONOMICALLY

SERVICE-DISABLED DISADVANTAGED

VETERAN-OWNED WOMEN-OWNED

SMALL BUSINESS SMALL BUSINESS (EDWOSB)

8(A)

NAICS: 488390

SIZE STANDARD: $35.5M

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

United States Coast Guard (USCG)

Air Station Houston

1178 Ellington Field

Houston TX 77034-5549

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 FINCEN)

CONTINUED ON PAGES 4-5

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

SEE ADDENDUM: CONTINUED ON PAGES 4-5

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The USCG has a requirement for a Training

Vessel for Air Station Houston in accordance with the attached Statement of Work (pages 7-

11).

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)

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN 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.

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. 3/2011)

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

CONTINUATION SHEET FOR:

STANDARD FORM 1449

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Continuation of SF-1449 Block 15: Deliver To

Deliver To: USCG Air Station Houston, 1178 Ellington Field, Houston, TX 77034-5569

Place of Performance: The area of operations will be located within an area bound to the north by Morgan‘s Point, south to Eagle Point, and east to the Houston Ship channel; with the majority of operations being conducted within 5 NM from the entrance to the Kemah Channel and occasionally Clear Lake.

Place of Acceptance on behalf of the Government: USCG Air Station Houston, 1178

Ellington Field, Houston, TX 77034-5569

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.

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 SILC

PCB Contracting Officer.

Contracting Officer: Dawn J. Dabney Telephone #: (757) 628-4261

E-Mail: Dawn.J.Dabney@uscg.mil Fax #: (757) 628-4135

Contracting Officer: Janet M. Kodmon Telephone #: (757) 628-4115

E-Mail: Janet.M.Kodmon@uscg.mil Fax #: (757) 628-4135

Alternate Contracting Officer(s): Any warranted USCG SILC PCB Contracting Officer

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: Amy McLiverty Telephone #: (757) 628-4125

E-Mail: Amy.L.McLiverty@uscg.mil Fax #: (757) 628-4135

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 mailto:Dawn.J.Dabney@uscg.mil mailto:Janet.M.Kodmon@uscg.mil

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

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).

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

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

Electronic submission of invoices is mandatory for this contract and/or any orders issued in accordance with this contract.

1. The Contractor shall submit invoices for supplies or 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 below. 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:

SILC PCB-4

(help) Invoice Number: (help)

Contract Number: (help) Invoice Date:

MM/DD/YY

(help)

BPA Number: (help) Invoice Amount:

0.00

(help)

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

00.00

Discount Days:

Net Days:

(help)

Company Information Attachment of Official Invoice

Company Name: (help)

DUNS: Plus 4: (help)

Point of Contact Name: (help)

Point of Contact Email: (help)

Phone: (help) Fax: (help)

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

Attachment must be a single PDF file no larger than

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

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

Verify

Reset

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

Invoice Routing Code for this contract is SILC PCB-4.

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

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

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

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 Amy.L.McLiverty@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.

mailto:Judy.L.Winkler@uscg.mil

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

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

Station Houston, located at Ellington Field Joint Reserve Base in Houston, TX for a base year 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:

REQUIREMENT TYPE CONTRACT

Base Period : 1 January 2013 through 31 December 2013

CLIN Schedule Of Supplies/Services EST

Quantity

Unit Unit Price EST Total

Amount

00001 Provide and Operate Vessel or

Vessels in Support of Helicopter hoisting operations IAW the SOW

153 Training

Blocks

Option Period One: 1 January 2014 through 31 December 2014

CLIN Schedule Of Supplies/Services EST

Quantity

Unit Unit Price EST Total

Amount

10001 Provide and Operate Vessel or

Vessels in Support of Helicopter hoisting operations IAW the SOW

153 Training

Option Period Two: 1 January 2015 through 31 December 2015

Quantity

Unit Unit Price EST Total

Amount

20001 Provide and Operate Vessel or

Vessels in Support of Helicopter hoisting operations IAW the SOW

153 Training

Option Period Three: 1 January 2016 through 31 December 2016

Quantity

Unit Unit Price EST Total

Amount

30001 Provide and Operate Vessel or

Vessels in Support of Helicopter hoisting operations IAW the SOW

153 Training

Option Period Four: 1 January 2017 through 31 December 2017

Quantity

Unit Unit Price EST Total

Amount

40001 Provide and Operate Vessel or

Vessels in Support of Helicopter hoisting operations IAW the SOW

153 Training

Blocks

The following abbreviations are used in the price schedule above:

CLIN: Contract Line Item Number

QTY: Quantity

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 FOUR (4) 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.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

STATEMENT OF WORK

USCG Aviation Training Requirements

Coast Guard Air Station Houston

1. INTRODUCTION: The work consists of providing all labor, materials, equipment, and personnel necessary to support U.S. Coast Guard (USCG) Air Station Houston‘s (ASH) unit-specific aviation training program. ASH is located at the Ellington Field Joint Reserve Base in Houston, Texas. The contractor will be responsible for providing and operating a vessel in support of the U.S. Coast Guard‘s unit specific aviation training program.

1.1 BACKGROUND: One of the Coast Guard's primary missions is Search and Rescue. In order for Air

Station Houston to fulfill this mission, it is necessary to maintain aircrew proficiency by conducting helicopter hoists of equipment and rescue swimmers to and from underway vessels, helicopter deployment and recovery of rescue swimmers, and 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, this requirement was fulfilled using Coast Guard small boats and patrol boats. The Coast Guard‘s increased operations commitments have reduced the availability of Coast Guard small boats and crews to provide support for the required aviation training.

2. SCOPE SUMMARY: The contractor shall provide a vessel and all necessary management supervision, personnel, labor materials, fuel and equipment required for supporting over-water helicopter training including but not limited to: aircrew hoists, rescue swimmer operations, low-approach cover, and any aerial delivered material used to fulfill ASH‘s aviation training requirements. The contractor will normally be available for training each

Tuesday, Wednesday, and Thursday for a total of four (4) hours each day; not including transit time to and from the training area. Should regularly scheduled operations be cancelled due to maintenance, weather, or mission change;

ASH and contractor will coordinate a suitable make-up day for the missed 4 hour block. The contractor shall make the vessel available for operations during designated hours. The area of operations will be in the general vicinity of the Western and Northwestern portions of Galveston Bay. Services will be provided up to 3 days each week in four

(4) hour training blocks. Operations will normally be conducted each Tuesday, Wednesday, and Thursday between the hours of 0900 and 1300 AND/OR 1 hour before sunset until 3 hours after sunset.

3. TECHNICAL REQUIREMENTS

3.1 SAFETY REQUIREMENTS: The contractor shall conform to all state and local safety requirements as well as those promulgated by ASH. The contractor and his employees shall become familiar with and obey maritime regulations including emergency, vessel traffic, and security regulations.

3.2 VESSEL DESCRIPTION: The vessel shall be similar to the Coast Guard‘s 41‘ Utility Boat (UTB) or 45‘

Response Boat Medium (RB-M). The vessel should be capable of maneuvering and operating as a stable platform at idle and or low speeds and therefore should be of the displacement hull type.

The contract vessel should be no smaller than 30 feet and no greater than 50 feet in length.

Cabin area large enough to accommodate the entire crew if necessary in inclement weather.

The vessel‘s beam shall be no less than 10 feet and no greater than 20 feet.

Mast must have no permanent structures protruding higher than 25 feet above the water line which cannot be quickly stowed or folded (e.g. antennas) prior to commencing operations.

Gross vessel weight shall be 8 tons minimum.

Minimum speed is 0 knots (dead in the water) and able to maintain up to 10 knots for at least 4 hours.

Ideal vessel speed for training is approximately 5-10 knots for a period of 1 hour.

Vessel must be capable of maintaining a heading of + / - 10 degrees between 5-10 knots while operating under a Short Range Rescue (SRR) MH-65 helicopter capable of producing an average peak velocity of 90 knots of rotor downwash in varying sea states and winds depending on site.

An extremely shallow draft vessel is undesirable due to drift characteristics when subjected to rotor downwash; draft shall be between 3 to 6 feet.

The minimum deck area should be at least 60 sq. ft on the aft fantail portion of the vessel, to allow a minimum of two crew members to safely conduct hoist operations.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Deck area must be free of all obstructions, and must have no permanent structures protruding higher than 20 feet above the water line which cannot be quickly stowed or folded (e.g. antennas).

The vessel shall be capable of easily and quickly recovering personnel from the water (routine recovery of helicopter rescue swimmers or rescue of aircrew) and operating in an adverse weather environment.

3.2.1 VESSEL EQUIPMENT: The contractor shall outfit the vessel with, at a minimum, all equipment required by law in addition to the following:

Operating depth sounder

VHF-FM (multiple frequency capable) two-way marine radio

Cell phone for secondary communications with the ASH Operations Center (713-578-3006)

Global Positioning System (GPS)

Long distance, high beam search light.

Radio headset or other equipment/technique is required to demonstrate that the operator can hear radio communications between the training boat and helicopter while a helicopter is directly overhead the vessel.

3.2.2 SAFETY EQUIPMENT: The contractor shall outfit the vessel with, at a minimum, all equipment required by law in addition to the following:

USCG approved first aid kit

USCG approved Type III Personal Flotation Devices (PFDs) for all crew and passengers carried aboard.

Personal protective equipment, foul weather gear, and survival suits shall for each crew member, allowing them to operate safely on deck and under rotor downwash continuously in temperatures ranging from 0° C to 43° C (32° F to 110° F).

Helmets, gloves, goggles and grounding rods for use by crewmembers during helicopter operations.

All equipment shall be used in accordance with and be of the same type or better as listed in the USCG

Rescue and Survival Systems Manual, COMDTINST M10470.10F and the USCG Boat Crew

Seamanship Manual, COMDTINST M16114.5C. These manuals can be found online at http://www.uscg.mil/directives/.

3.2.3 VESSEL RESPONSIBILITY AND ACCOUNTABILITY: The contractor shall retain full responsibility and accountability for the vessel(s) during non-contract hours and shall provide all vessel maintenance. The contractor shall assume full responsibility and accountability for the vessel(s) during contract hours, including preparation, fueling and cleanup time. The contractor shall be responsible for any repairs caused by negligence or abuse of contractor employees or employees of subcontractors. The contractor shall maintain all mandatory Federal and State licenses, permits, and insurance applicable to the contractor‘s business.

3.2.4 REQUIRED DOCKING/MOORING FACILITY: The contractor will be responsible for providing docking/mooring facilities for their vessel.

3.2.5 INSURANCE: The contractor is responsible for ensuring they have adequate liability insurance coverage in accordance with FAR Clause 52.212-4 (p) of solicitation.

3.3 PERSONNEL: All contractor personnel are required to be U. S. citizens or legal residents of the United States, at least 18 years old, and able to read, write, and speak English fluently.

3.3.1 POINT OF CONTACT: The contractor shall provide a point of contact that will be available to discuss work performed under this contract during the normal working day and during periods of underway time or immediately thereafter. The point of contact shall be able to read, write, and speak

English fluently.

3.3.2 CREW: Minimum vessel crew shall consist of 1 Master/Coxswain and 1 Deckhand. The crew shall be trained in water rescue techniques and cold water survival.

http://www.uscg.mil/directives/

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

3.3.2.1 MASTER/CAPTAIN: The Master/Captain shall be licensed by the Coast Guard to operate uninspected passengers vessels as defined in 46 U.S.C. 2101 (42) upon near coastal waters not more than 100 miles offshore, at a minimum, for the size of the vessel being operated, including the carriage of six passengers, shall be qualified in CPR, and speak English fluently.

3.3.2.3 DECKHANDS: The deckhands shall be knowledgeable in shipboard operations, rigging for helicopter operations, recovery of dropped gear, and deck seamanship. Training in procedures for helicopter operations will be provided by the Government.

3.3.2.4 POINT OF CONTACT: The contractor shall provide a point of contact that shall be available to discuss work performed under this contract during the normal working day (8:00 AM to 4:00 PM local time) and during periods of underway time. The point of contact shall be able to read, write, and speak English fluently. The name(s), telephone numbers and address of the point of contact shall be provided to the Contracting Officer and COR with the proposal.

4. OPERATIONAL REQUIREMENTS

4.1 AREA OF OPERATIONS: The area of operations will be in the general vicinity of the Western and

Northwestern portions of Galveston Bay and occasionally Clear Lake.

4.2 NORMAL SCHEDULE: The contractor will be available at the operating site:

Normally each Tuesday, Wednesday, and Thursday between the hours of 0900 and 1300

OR 1 hour before sunset until 3 hours after sunset.

Prior to departure for any training event, the contractor shall contact the ASH Operations Center (OPCEN) at 713-578-3006 one hour prior and confirm that the training event is still scheduled.

The Contractor is required to be at the operational training site within 10 minutes of the prescribed scheduled time.

For the purposes of this contract, events will normally be scheduled from Monday through Friday, but may also be occasionally scheduled on the weekend due to operational needs. The schedule will be available for the Contractor by COB on Friday of the preceding week. Due to the dynamic nature of scheduling aircraft training events, times and days may be adjusted on a day-to-day basis; the Coast Guard will provide specific times for services and the specific on scene location within the area of operation a minimum of twelve (12) hours in advance. Additional training periods may be conducted at a greater frequency to accommodate surge training requirements on a schedule mutually agreed upon by the parties. There will be weeks where higher than average or lower than average underway time may be requested which can be predicted to a high degree of accuracy and provided to the Contractor for planning purposes. Operations will typically be conducted for on scene periods of four (4) hours in duration, extendable hourly by the Coast Guard.

4.3 WEATHER LIMITATIONS: The minimum weather for completing the work shall be:

600-3 (cloud ceilings greater than 600‘ with a minimum of 3 statute miles of visibility), unless evaluated and waived by the ASH Operations Officer.

Winds shall not exceed 35 knots sustained, or gust-spreads no greater than 10 knots.

The minimum temperature training limit for boat hoisting is 32° F/0° C. Below this temperature sea water freezes, posing potential icing hazards to both helicopter and boat crews. The contractor may cancel/limit the extent of training if safety is adversely impacted in temperatures above this limit or other environmental factors exist.

4.4 PASSENGERS: Only employees of the contractor or passengers expressly approved by the ASH

Operations Department will be aboard the vessel during training evolution. Periodically and contractor capacity permitting, ASH approved passengers may be aboard the vessel in an observer or standby status for training familiarization.

4.5 CANCELLATION POLICY: Operations, maintenance, or other issues could force cancellations of previously scheduled training events. In the event a cancellation is anticipated with greater than 6 hours notice to the contractor, no cost will be incurred to the Coast Guard for that training block. If cancellation

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

occurs with less than 6 hours from the previously scheduled training block, the Coast Guard agrees to pay

50% of the cost of the cancelled training event. Any training block cancellation due to exceeding weather criteria listed in Section 4.3 may be rescheduled and used without cost or penalty at a later date. The ASH Schedules Officer (or ASH representative) will communicate the cancellation via cell phone to the points of contact provided by the contractor. If no answer is received when an attempt is made, voice mail shall suffice for notifying the contractor of cancellation.

5. ADMINISTRATION

5.1 AFTER AWARD OF THE CONTRACT: The contracting officer‘s QAE representative will immediately notify the contractor of required start date. All work shall be done in accordance with this specification. Contact LT Wilson to schedule training blocks.

5.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK: Upon acceptance the contractor shall commence work NLT seven (7) days after notice to proceed and work diligently to complete operations. This contract is anticipated to commence on or about 1 January 2013 and be complete no later than 31 December 2013, with the option to extend each year to a maximum of 4 additional years.

5.3 DESIGNATED CONTRACTING OFFICER’S QA EVALUATOR (QAE): The designated contracting officer‘s QAE and Point of Contact for this project is the ASH Assistant Operations Officer;

(713) 578-3031. Inquiries concerning any phase of the specification before or after award shall be made to

ASH‘s Assistant Operations Officer.

5.4 OPERATIONAL LOG/WEEKLY OPERATIONS SYNOPSIS REPORT: The contractor shall maintain a log of all operations, which includes dates, location, times, duration and type of evolutions being performed. An operations synopsis report of the current week‘s operations shall be passed to the ASH Contracting Officer Representative (COR) within five (5) days of the previous training week‘s end. An electronic copy sent via email is preferred.

5.5 ORIENTATION BRIEFING AND 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, hoist operations, dewatering pump / litter delivery operations, airborne use of force training scenarios, etc. The Government shall also provide annual refresher training in accordance with the USCG Boat Crew Seamanship Manual, COMDTINST M16114.5 (series) on the same items. The vessel, all equipment, and operations will be subject to inspection every three months to six months. Failure of inspection may result in deduction of the charter for hire

5.6 PERFORMANCE EVALUATION MEETINGS: The contractor provided weekly operational log will 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 between the contractor and the unit‘s Operations Officer and/or unit representative will be held at least twice a year to review the contractor‘s performance. The initial meeting location will be at ASH during initial training while subsequent meetings may be telephonic, videoconference, or other media.

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5.7 DELIVERABLES:

Deliverables Frequency Number of Copies and to Whom

Dates Required

Operational Log in accordance with

Section 5.4 Weekly One, COR

Within five (5) days of the previous operational weeks end

Name(s) telephone number and address of the point of contact in accordance with Section 3.3.2.4

As needed Two, Contracting

Officer and COR With Proposal

Licenses and Permits in accordance with Section 3.2.3 As needed

One, Contracting

Officer

With proposal and upon renewal

5.8 ORAL MODIFICATION: No oral statements of any person other than the Contracting Officer shall in any manner or degree, modify or otherwise affect the terms of this contract.

5.9 PERMITS: The contractor shall, without additional expense to the government, obtain all appointments, licenses, insurance, and permits required for the prosecution of this scope of work. The contractor shall comply with all applicable federal, state and local laws.

5.10 WORK OUTSIDE REGULAR HOURS: Due to the dynamic nature of the services provided, the contractor may occasionally, but not normally, be expected to carry out work on Saturdays, Sundays, and/or outside the station‘s normal business hours.

5.11 UPON COMPLETION OF WORK: Contact the Contracting Officer QAE Representative to arrange for inspection/acceptance of work.

5.12 INVOICING FOR SERVICE: The contractor will provide a set price for a standard four (4) hour training block. A standard training block will include four (4) hours of contract vessel on scene time, not including transit time to/from the training site from the contractor's mooring/docking location.

5.12.1 On scene time commences either:

When the contract boat arrives to the specified training site, but no sooner than the scheduled time, OR when the Coast Guard helicopter arrives on scene and requests for training to commence, whichever happens first.

5.12.2 On scene time will end when the Coast Guard helicopter departs the scene. In the event that a Coast

Guard helicopter must temporarily depart scene to refuel and/or transfer passengers, training time will continue until the helicopter departs at the completion of its last sortie with the training boat or ASH‘s

Operations Center contacts the vessel to notify them that training has ceased. In the event the Coast Guard does not use the full standard training block, the contractor will still be paid for a full standard training block.

5.13 DISCLAIMER: The government will assume no responsibility for any misunderstanding or misrepresentations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the request for quotes, the specification or related documents.

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CONTRACT CLAUSES

FAR CLAUSE 52.212-4: Contract Terms and Conditions-Commercial Items (FEB 2012).

(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.

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(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.

https://www.acquisition.gov/far/current/html/52_232.html#wp1153351 https://www.acquisition.gov/far/current/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179527 https://www.acquisition.gov/far/current/html/Subpart%2033_2.html#wp1079912 https://www.acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031290

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(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 https://www.acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031326

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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…