Solicitation(SchedA-M)(09R6BX020).doc

HEALY MULTIPLE YEAR SHIP REPAIR

HSCG85-09-R-6BX020

NOTICE TO OFFERORS

1.

This negotiated best value procurement is being issued as a Total Small Business Set-Aside.

2.

A multiple-year, multi-option, Firm Fixed-Price supply contract is anticipated for award. Place of performance for Dockside Availabilities (DS) will be at the Coast Guard’s Integrated Support Center, Seattle. WA.

3.

In order to be selected for award, offerors will be required to submit written proposals consistent with the requirements of this solicitation. Source selection will be based on a best value determination outlined in Section M.

4.

In addition to the requirement to submit written proposals, offerors must complete and submit all applicable items of this solicitation, with particular emphasis on Sections B, J, K, L and M.

5.

See Section L.2 for ship check opportunities.

6.

It is the offerors’ responsibility to insure their written proposals meet all of the requirements stated in this solicitation. Failure to provide all necessary information may result in a proposal being rejected or not receiving full consideration since the Coast Guard reserves the right to award a contract based upon initial proposals.

7.

As stated in Section M of this solicitation, the Coast Guard reserves the right to award this contract to other than the lowest priced offeror.

8.

Offerors are advised that some of the drawings, diagrams, and reports that are provided with this solicitation are for informational use only. The Coast Guard does not warrant the accuracy of this information. This is the best information available to the Coast Guard and is provided to the offerors to assist them in preparing their competitive proposals.

9.

All questions will be directed only to the following individuals:

Jim Altice (206) 217-6815, fax (206) 217-6976, e-mail:

James.S.Altice@uscg.mil Linda Cho, (510) 637-5965, fax (510) 637-5978 e-mail:

Linda.C.Cho@uscg.mil TECHNICAL REFERENCE PACKAGE WILL BE PROVIDED ON COMPACT DISK AND MAILED OVERNIGHT UPON REQUEST. Please make arrangements with Jim Altice (see para. 9 above.)

NOTICE FOR FILING AGENCY PROTESTS

It is the policy of the Coast Guard 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 General Accounting Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the 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 at 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. This will not preclude re-filing of the protest to meet the requirement. 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 forwarded to the address below:

Commandant (CG-851)

2100 2nd Street, SW, Room 2606

Washington, D. C. 20593

Telephone (202) 267-2285

Fax: (202) 267-4011

Page of Pages

HSCG85-09-R-6BX020

4. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP

5. DATE ISSUED

02 DEC 09

6. REQUISITION/PURCHASE NO.

21-09-8596BX020

7. ISSUED BY

CODE

COMMANDER (VPL)

MAINTENANCE & LOGISTICS COMMAND, PACIFIC

COAST GUARD ISLAND, BLDG. 50-7

ALAMEDA, CA 94501

JIM ALTICE

NESU SEATTLE BLDG 3

1519 ALASKAN WY. S.

SEATTLE, WA 98134

NOTE: In sealed bid solicitations, “offer” and “offeror” mean “bid” and “bidder.”

SOLICITATION

9. Sealed Offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if Handcarried, in the depository located in BLDG 3 until 11:00 a.m. local time 02 March 2010

(Hour) (Date) CAUTION–LATE Submissions, Modifications, and Withdrawals:See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

INFORMATION

CALL:

NUMBER

217-6815

11. TABLE OF CONTENTS

PARTIII – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

OFFER

(Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

15A.NAME

AND

ADDRESS

OF

OFFEROR

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE – ENTER SUCH ADDRESS IN SCHEDULE

EXT

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

FORMCHECKBOX

10 U.S.C. 2304 (c)(

FORMCHECKBOX

41 U.S.C. 253(c)(

23. SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise pecified)

See Block 7

24. ADMINISTERED BY (If other than Item 7)

CODE

25. PAYMENT WILL BE MADE BY

CODE

COMMANDING OFFICER

USCG FINANCE CENTER, 1430 KRISTINA WAY

CHESAPEAKE, VA 23326-1224

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT – Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33

Prescribed by GSA – FAR (48 CFR) 53.214(c)

SECTION B: SUPPLIES OR SERVICES AND PRICES

In addition to the prices submitted below, the Contractor is also required to submit other pricing support (see Section L).

MULTI-YEAR OPTION ITEMS

FY11 OPTION ITEMS

FY12 OPTION ITEMS

FY13 OPTION ITEMS

FY14 OPTION ITEMS

FY15 OPTION ITEM

Offerors shall round to the nearest whole dollar.

See Note in Section C.1, Part 1

SECTION C - DESCRIPTION AND SPECIFICATION

C.1

DESCRIPTION OF WORK:

PART 1 – OVERVIEW AND OBJECTIVES

The scope of this procurement is to accomplish, under the direction of the Contracting Officer, U.S. Coast Guard Surface Forces Logistics Command (SFLC), assigned planning functions and execution of dockside ship repair availabilities (DS), non-scheduled repairs and alterations, and material procurement for the Coast Guard icebreaker CGC HEALY (WAGB 20). Due to a continuing Coast Guard reorganization, some nomenclature in this solicitation reflects SFLC’s prior organizational identity. The cutter is homeported in Seattle, WA at the Integrated Support Center (Pier 36), at which location the work under this contract will take place.

HEALY’s mission generally lasts from March until late September after which the vessel returns to homeport for its annual winter maintenance period. The objective of this contract is to optimize maintenance of the vessel through involvement of the contractor in SFLC’s planning process and through better scheduling, sequencing and rationalization of the production effort.

The Contractor’s efforts under the contract will be integrated into the SFLC A-Team process, outlined in the Naval Engineering Organization and Operating Procedures, MLCPACINST M9000 6E. In such cases, the contractor will be expected to participate at specifically identified points in the process for work item identification, assigned planning and specification development. Planning will be conducted during a defined period prior to the ship’s return from mission. Most repair/maintenance efforts will occur during the annual DS maintenance availabilities. However, work may also be executed at other times include voyage or casualty repairs outside of scheduled repair availabilities.

Note: CGC HEALY is scheduled for a triennial drydocking availability in FY13 (October 2012 – March 2013). As a result, it is likely that CLINs 0007 and 0008 will not be exercised under the contract resulting from this solicitation.

PART 2‑ CONTRACT LINE ITEM DESCRIPTION

The Contractor, under the written direction of SFLC, shall furnish the material, services and facilities (except those furnished by the Government under express provisions of this contract) necessary for the accomplishment of the following work on CGC HEALY.

ITEM 0001 AND OPTION ITEMS 0005, 0007, 0009 and 0011 - PLANNING FOR DOCKSIDE (DS) AVAILABILITIES FOR CGC HEALY The Contractor shall accomplish Planning within the performance period specified in Section F for the specific HEALY DS to the extent SFLC directs in writing after award and as outlined in this Item. The Government reserves the right to perform some or all of these functions internally, or to order these supplies and services elsewhere at its discretion.

Some time after the 1st A-Team meeting, SFLC will deliver to the Contractor the Approved worklist and a general outline of the planning effort for purposes of proposal development. The parties will then negotiate a price for the planning line item. Upon award of the planning line item, the notional planning requirement contained in Attachment J.1a will be superseded by the planning requirement identified in the option award document. Likewise, the Section B price for the notional planning line item will be superseded by the price negotiated for the actual planning requirement.

After award of the planning line item, the Contractor will produce a draft specification and rough-order estimate for SFLC review at A-60. Following SFLC’s review of the draft, the Contractor will incorporate all A-Team comments, finalize the specification, complete document preparation and planning of shipyard production work, including authorized pre-fabrication and LLTM purchases, and any other work necessary to prepare for the specific DS. See Table C-1 for the anticipated planning phase timeline. The following provides an illustrative but incomplete summary of the contractor’s planning responsibilities.

a.

Develop specifications using SFLC’s specification library for recurring work items. During the planning process the Contractor may suggest revisions to such existing SFLC specifications to incorporate lessons learned from previous repairs, realize potential production efficiencies, or to improve the quality of maintenance provided to the ship.

b.

Generate specifications from inception, based upon Current Ships Maintenance Projects, CASREP message, etc.

c.

Accomplish ship checks at the vessel’s homeport and while the ship is on mission.

d.

Technically review and evaluate government and third party engineering changes.

e.

Generate design and configuration changes to ship and ship systems from inception.

f.

Identify, and when authorized by the SFLC, procure, receive, inspect and store Long Lead-Time Material (LLTM).

g.

Produce a draft specification and rough order estimate for SFLC review.

h.

Research and obtain necessary logistics support information such as Provisioning Technical Documentation.

i.

Identify engineering drawings requiring correction and provide proposed solutions.

j.

Provide an integrated production schedule for execution of the DS.

k.

Develop and utilize a progress measurement system to determine the physical progress of the planning and execution phases. The progressing system shall permit a direct comparison of the physical progress of completed work to the integrated production schedule noted in the above subparagraph.

l.

Apply internal quality assurance procedures and those required by MLCPACINST M9000 6E to ensure that procured material, engineering and production work will achieve and maintain required quality standards.

m.

The Contractor cannot modify the basic design features of the engineering data provided by the Government. If the Contractor deems modifications necessary, the Contractor shall notify SFLC with a detailed problem identification and proposed solution. The notice will be reviewed by SFLC and may be incorporated into the authorized planning effort.

n.

Specifications shall be based on a cutter’s Long Range Maintenance Plan (LRMP), Cutter Class Maintenance Plan (CCMP), submitted Current Ship’s Maintenance Projects (CSMP), completed work specifications previously developed by SFLC and other data derived from ship checks and technical information provided by SFLC. Work specifications shall be prepared and stored in order to minimize preparation or revision of specifications for the same or similar work required for other availabilities.

o.

All required engineering, drawing modifications and illustrative material shall be prepared to interpret and define the repair and alterations to the ship.

p.

When authorized by SFLC, all drawings and other data developed by the Contractor shall represent a practical engineering solution based on the best trade‑off between total cost, reliability and maintainability. Such design work will meet the requirement of the General Specifications for Overhaul of Surface Ships, NAVSEA S9AA0-AB-GOS-010, and be formatted as indicated in MLCPACINST M9000 6E.

q.

The Contractor shall develop and submit test procedures in support of work specifications as applicable in accordance with GSO Section 092 and shipyard procedures.

r.

Upon DS option award, the notional DS specification contained in Attachment J.1, the Section B price for that notional specification, and the Section F.4 period of performance will be superseded by the negotiated specification, price and period of performance that appears in the executing document.

s.

The following documents or their subsequent revisions in effect at time of contract award and/or option exercise, as well as applicable current instructions, general specifications, type plans, naval ship technical manuals and directives from the Naval Sea Systems Command shall be used in the technical requirements of work under the Contract:

INSTRUCTIONS AND PUBLICATIONS

TABLE C-1 - ADVANCE PLANNING SCHEDULE FOR ANNUAL HEALY DS

ITEM 0002 - NON-SCHEDULED REPAIRS AND ALTERATIONS FOR CGC HEALY

1. General

a. The Contractor shall accomplish the non-scheduled repairs and alterations of HEALY upon receiving written authorization from the contracting officer and in accordance with the work item specifications, drawings, test procedures and other detailed data provided by the Government. The Government reserves the right to order these supplies and services elsewhere at its discretion.

b. Such work will occur outside of scheduled dockside availabilities, and shall usually be conducted in the vessel’s homeport at Pier 37 in Seattle, WA. However, in some instances it may be necessary for the contractor to perform repairs and alterations outside of the vessel’s homeport and during periods prior to or after mission deployments and training exercises.

c. The Contractor shall furnish such supplies or services related to emergent type work and interim availabilities as may be ordered by the Government in accordance with the procedures specified herein. The Contractor shall not begin work on these supplies or services prior to the placement of orders therefore by the Contracting Officer.

2. Typical Work To Be Accomplished

a. Representative items to be accomplished are contained in Attachment J.1, but may include voyage or emergency repairs.

3. Planning

a. In most cases, the Contractor will be expected to evaluate information submitted by the Government, develop a specification based upon shipcheck, and submit the specification and price proposal for accomplishment.

4. Execution

a. Authorization for supplies or services under CLIN 0002 hereunder will to the maximum extent practicable be executed by a priced supplemental agreement.

b. In the event the ACO determines that time does not permit execution of a priced supplemental agreement, the Contracting Officer may order the work with a change order under the Changes clause of the contract. The change order will specify a dollar limitation for the action in question.

5. Limitation of Obligations with Respect to Orders not Finally Priced

a. The Contractor shall commence work upon receipt of any change order on this contract. If at any time the contractor has reason to believe that the actual cost plus 10% profit of an order placed hereunder will exceed the dollar limitation established in the change order, the Contractor shall so notify the ACO in writing and propose an appropriate increase. Within five (5) days of such notice, the ACO will either:

1) Notify the Contractor in writing of such appropriate increase, or

2) Instruct the Contractor how and to what extent the work shall be continued; provided, however, that in no event shall the contractor be obligated to proceed with work on a change order beyond the point where his actual cost plus a maximum of 10% profit thereon exceed the dollar limitation, and provided also that in no event shall the Government be obligated to pay the Contractor any amount in excess of the dollar limitation specified in any change order issued.

ITEM 0003 - PROVISIONED ITEMS ORDERS (MATERIAL/EQUIPMENT PURCHASES)

1.

General.

a.

Purchases of supplies under CLIN 0003 will to the maximum extent practicable be executed by a priced supplemental agreement.

In the event the ACO determines that time does not permit execution of a priced supplemental agreement, the Contracting Officer may order the work with a change order under the Changes clause of the contract. The change order will specify a dollar limitation for the action in question.

5. Limitation of Obligations with Respect to Orders not Finally Priced

a. The Contractor shall commence work upon receipt of any change order on this contract. If at any time the contractor has reason to believe that the actual cost plus 10% profit of an order placed hereunder will exceed the dollar limitation established in the change order, the Contractor shall so notify the ACO in writing and propose an appropriate increase. Within five (5) days of such notice, the ACO will either:

1) Notify the Contractor in writing of such appropriate increase, or

2) Instruct the Contractor how and to what extent the work shall be continued; provided, however, that in no event shall the contractor be obligated to proceed with work on a change order beyond the point where his actual cost plus a maximum of 10% profit thereon exceed the dollar limitation, and provided also that in no event shall the Government be obligated to pay the Contractor any amount in excess of the dollar limitation specified in any change order issued.

OPTION ITEM 0004 AND OPTION ITEMS 0006, 0008, 0010 and 0012 - EXECUTION OF DOCKSIDE AVAILABILITIES (DS) FOR CGC HEALY a.

The Contractor shall accomplish planning, document preparation, engineering, procurement, prefabrication, shipyard production work, and any other work necessary to prepare for and accomplish the DS as specified herein. The Government reserves the right to order these supplies and services elsewhere at its discretion.

Provide the management, technical, procurement, production, testing, quality assurance and facility resources necessary to prepare for and accomplish the repair and alteration of the cutter in accordance with the requirements stated in this Section, the Work Item Specifications contained in Section J, the Delivery Schedule specified in Section F, and all other terms and conditions set forth in this contract.

c.

Accomplish planning and scheduling to ensure a rational, integrated and timely plan for receipt, storage and installation of Government Furnished and Contractor Furnished Material.

Provide and maintain an integrated production schedule for the availability. This schedule will include a sequence of key events necessary to meet the dates specified in Section F.4.

Develop and maintain a progress measurement system to determine the physical progress of work for each of the elements in the production schedule, including material, manpower, engineering, production, tests and trials.

e.

Establish management procedures and systems to identify behind schedule conditions and unfavorable schedule variances. The management procedures and systems shall provide timely identification of scheduling problems and shall permit prompt correction of unsatisfactory conditions.

f.

Apply stringent change control procedures to ensure timely identification and incorporation of growth work.

g.

Prepare and submit in definitive form, technical and price proposals for accomplishment of growth work once the Contracting Officer has determined that such growth work is necessary. The contractor will be expected to research and write all such changes so that authorization can be accomplished in a timely manner.

h.

The Coast Guard intends that all basic and growth work authorized for the repair and alteration of the vessel be compatible with the duration of the scheduled availability. The Contractor agrees to inform SFLC as soon as practicable if it appears that any work will require a longer period.

i.

The Contractor shall be responsible for ensuring that interference free, technically accurate drawings are used and shall be responsible for calling to the attention of SFLC, orally and in writing, any interface and interference problems.

j.

Apply approved quality assurance procedures as required by this contract and the associated specifications to ensure that procured material and performed production work will achieve and maintain the required quality standards.

k.

The documents identified below, or their subsequent revisions in effect at time of contract award or option exercise as well as applicable current instructions, general specifications, type plans, naval ship technical manuals and directives, shall be used in the technical requirements of work under the contract.

SPECIFICATIONS/ STANDARDS / TECHNICAL REQUIREMENTS

SECTION D - PACKAGING AND MARKING

Packaging and Marking shall be indicated in the specifications.

SECTION E - INSPECTION AND ACCEPTANCE

E.1

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at the following address: http://farsite.hill.af.mil/VFFARa.htm

FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1), CLAUSES

FAR 52.246-2

Inspection of Supplies -- Fixed-Price

(AUG. 1996)

HSAR 3052.217-100

Guarantee

(DEC 2003)

E.2

THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY

FOR CONTRACT ADMINISTRATION

A.

Contracting Officer: The Contracting Officer has the overall responsibility for the administration of this contract. He or she alone is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, details or delivery schedules. The Contracting Officer may delegate certain technical responsibilities to a technical representative.

B.

Contracting Officer’s Technical Representative (COTR): The COTR will be designated in writing to administer technical and schedule aspects of this contract.

C.

Wherever the terms "Authorized Representative of the Contracting Officer", "Inspector", or "Commanding Officer" appear in the Contract or referenced documents, it shall be understood as a reference to the COTR.

D.

The COTR is not authorized to change the scope, price, delivery or other terms and conditions of the contract. Any disputes regarding performance of the contract shall be brought promptly to the attention of the Contracting Officer.

E.3

PLACE OF ACCEPTANCE

Acceptance of all deliverable items will take place at NESU Seattle.

SECTION F - DELIVERIES OR PERFORMANCE

F.1

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at the following address: http://farsite.hill.af.mil/VFFARa.htm

FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1), CLAUSES

FAR 52.242-15

Stop-Work Order

(AUG 1989)

FAR 52.247-34

F.O.B. Destination

(NOV 1991)

F.2

GOVERNMENT PROPERTY

The Government Furnished Property to be utilized during performance of this contract has an estimated value of $1,000,000. The Government Furnished Property Administrator for this contract will be the COTR.

F.3

PLACE OF PERFORMANCE

Dockside work under this contract shall be performed in the ship’s homeport at ISC Seattle in Seattle, WA.

F.4

PERIOD OF PERFORMANCE

The following table provides the forecast Commencement and Completion Dates for all Base and Option Items (if exercised). The following dates represent the best information available to the Government at the time. Dates may be adjusted by the Contracting Officer due to operational factors.

See Note in Section C.1, Part 1 F.5 DELIVERY SCHEDULE FOR NON-SCHEDULED REPAIR AND ALTERATION REQUIREMENTS (ITEM 0002)

In cases where orders are placed by priced supplemental agreement, delivery shall be effected in accordance with the delivery schedule established in the supplemental agreement.

In cases where a change orders is used, the Contractor shall make best efforts to accomplish delivery as proposed by the Contracting Officer in the order, unless the Contractor, within thirty (30) days of the receipt of the order, notifies the ACO that the proposed delivery schedule is not achievable. In the latter case, the Contractor shall propose an alternate delivery schedule, which shall be the subject of negotiation prior to the order’s adjudication.

F.6

DELIVERY SCHEDULE FOR PROVISIONED ITEM ORDER (MATL/EQPT PURCHASES) ITEM 0003

In cases where orders are placed by priced supplemental agreement, delivery shall be effected in accordance with the delivery schedule established in the supplemental agreement.

In cases where a change orders is used, the Contractor shall make best efforts to accomplish delivery as proposed by the Contracting Officer in the order, unless the Contractor, within thirty (30) days of the receipt of the order, notifies the ACO that the proposed delivery schedule is not achievable. In the latter case, the Contractor shall propose an alternate delivery schedule, which shall be the subject of negotiation prior to the order’s adjudication.

SECTION G - CONTRACT ADMINISTRATION DATA

Enter below the address (street and number, city, county, state and zip code) of the Government agency which will administer the contract if such address is different from the address shown on the SF 26 or SF 33, as applicable.

Linda Cho Surface Forces Logistics Command Contracts and Procurement Division

1301 Clay St. Ste 807N Oakland, CA 94612-5200

(510) 637-5965 Linda.C.Cho@uscg.mil G.1

INVOICING REQUIREMENTS—FIRM FIXED PRICE

a.

OMB Circular A-125 provides that the following data must be included in an invoice for it to constitute a proper invoice:

(1) Name of the business concern and invoice date.

(2) Contract number, or other authorization for delivery of property or service.

(3) Description, price, and quantity of property and services actually delivered or rendered.

(4) Shipping and payment terms.

(5) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent.

b.

An original invoice shall be submitted to the contracting officer after the progress percentage has been verified in writing by the COTR.

G.2

PROGRESS PAYMENTS

a.

The Contractor may invoice for progress payments without discount, other than any prompt payment discount offered, not more frequently than twice a month.

b.

The invoice amount should reflect the percentage and dollar amount of completion established by the cutter's appropriate weekly progress report. Payments shall be based upon the current contract value and will be derived by applying the accomplished percentage of completion as determined by the Contracting Officer.

c.

All material and work paid for by progress payments shall thereby become the sole property of the Government, but this provision shall not relieve the Contractor from the obligation to complete the requirements of the contract.

d.

The contractor shall be paid the remaining amount due upon completion, acceptance, and end of guarantee period for all work under this contract, upon which the prompt payment discount will take effect.

G-3

PROGRESS PAYMENT RATES

The progress payment rate for this contract is 95 percent for small business.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1

EMERGENT WORK

a. If the need for emergent work develops, either under a planning or execution Item, the Contractor must obtain authority in writing from the Contracting Officer before proceeding with such work.

b. To the extent requested by the Contracting Officer, the Contractor shall prepare and submit written technical and price proposals for proposed work that will include:

(1) A complete breakdown of labor hours and cost by labor category and phase of work as identified by the Contracting Officer;

(2) A complete breakdown of material costs showing material required, source (with point of contact), part number, unit price, extended cost and contractor's material handling charge/profit; and

(3) A complete breakdown of labor and material as described above for each proposed subcontractor. The Contractor shall make this requirement clear to all potential subcontractors.

c. The contractor shall submit written proposals and breakdowns to the Contracting Officer via E-mail.

H.2

INSURANCE REQUIREMENTS

a.

The contractor shall be required to procure and thereafter maintain the following insurance:

1) Ship repairer's legal liability insurance to insure the risks described in HSAR 3052.217-95 Liability and Insurance (DEC 2003), in the amount of $300,000.00.

2) Comprehensive general liability insurance to insure the risks described in HSAR 3052.217-95 Liability and Insurance (DEC 2003), in the amount of $300,000.00 on account of any one accident or occurrence with respect to each vessel, boat and barge upon which work is to be performed under this solicitation and the contract resulting there from:

3) Full insurance coverage in accordance with the applicable State Workmen's Compensation law; and

4) Full insurance coverage in accordance with the United States Longshore and Harbor Workers' Compensation Act.

b.

As evidence that the offeror has obtained the insurance specified in this schedule, the contractor shall furnish the contracting officer with a certificate or certificates executed by an agent of the insurer authorized to execute such certificates. Such certificate shall be furnished before commencement of work. Each certificate shall state that (NAME OF INSURER) has insured (NAME OF CONTRACTOR), in accordance with the Liability and Insurance clause and the Insurance Requirements clause contained herein. Each certificate shall set forth that each policy of insurance represented thereby will expire on (DATE) and that each such policy contains the following clause:

"It is agreed that in the event of cancellation, or any material change in the policy adversely affecting the interest of the Government in this insurance, thirty (30) days' prior written notice will be given to the Contracting Officer."

c.

An Offeror who proposes to self-insure for any of the risks set forth in the Liability and Insurance clause and in the Insurance Requirements clause contained herein shall submit satisfactory evidence to permit the Contracting Officer to determine that the Offeror's assets are sufficient for the risks set forth in such clauses. The Offeror shall submit with his Offer two (2) certified copies of documents listing his assets and liabilities and such other information as deemed necessary by the Offeror or as required by the Contracting Officer. For approval of self-insurance under the State Workmen's Compensation Law and the United States Longshore and Harbor Workers' Compensation Act, evidence of qualifications as a self-insurer under the applicable compensation statute must be furnished to the contracting officer.

H.4

ACCESS TO VESSEL

a.

A reasonable number of officers, employees, and associates of the Government, or other prime contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have at all reasonable times, access to the cutter (and to the Contractor’s facility should that be necessary) to perform and fulfill their respective obligations to the government on a noninterference basis. In the event of needing access to the Contractor’s facility, all such above personnel shall comply with all contractor rules and regulations governing personnel at its facility, including those relative to safety and security.

b.

The contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of other offerors when inspecting contemplated work, the same privileges of admission to the contractor’s facility and access to the cutter on a noninterference basis, subject to all contractor rules governing personnel at its facility, including those relating to safety and security.

H.5

OPTION WORK ITEMS

The Contracting Officer may unilaterally exercise any or all of the options specified in Section B at any time after award. Pricing for Option Items 0002 though 0012 will be subject to re-negotiation on the basis of current planning and execution requirements as established by SFLC. The negotiated pricing shall supersede pricing of the notional requirements in the awarded contract.

Contract award will be made for Item 0001. The evaluation of Option Items does not guarantee that the Government will order any Option Items. All Option Items shall be exercised at the sole discretion of the Government.

H.6

CONTRACTOR PERFORMANCE EVALUATION

A. In accordance with FAR Subpart 42.15, Contractor Performance Information, the contractor's performance will be evaluated throughout the contract period. The results of this evaluation will be complied in a report, generated by the Contracting Officer with assistance from the COTR and the Port Engineer, at the conclusion of the contract. The report will be supplied to the contractor for review and comment. The areas to be evaluated are:

· Technical (Quality of Product)

· Product Performance

· Schedule

· Management

· Management Responsiveness

· Subcontract Management

B. Each area will be evaluated using the following ratings:

· Exceptional (Dark Blue) Performance meets contractual requirements and exceeds many requirements to the government's benefit.

· Very Good (Purple) Performance meets contractual requirements and exceeds some to the government's benefit.

· Satisfactory (Green) Performance meets contractual requirements.

· Marginal (Yellow) Performance does not meet some contractual requirements. The element being assessed reflects a serious problem for which the contractor has not yet implemented satisfactory corrective actions.

· Unsatisfactory (Red) Performance does not meet contractual requirements and recovery is not likely in a timely manner. Contractor's corrective actions to date are ineffective.

C. The Contractor Performance Assessment and Reporting System (CPARS) shall be the system used to conduct performance evaluations on this contract.

D. Contractors will review and comment on the supplied report using the online CPARS system. The contractor will receive notification when it is time to respond to the government report.

E. The government report will be provided to the contractor who will be given a period of thirty (30) days to review and comment. All comments will be considered by the Contracting Officer and be reviewed in accordance with FAR 42.1503. The report will be marked "Source Selection Information" and safeguarded for official use only in accordance with Federal Acquisition Regulation Part 3.104. Comments by both the Government and Contractor are limited to 16,000 characters overall.

F. The Contractor will be able to access the report from CPARS once complete. Completed reports will be used in future source selection.

H.7

TRAVEL COSTS

(a) The Contractor shall not charge, and the Government shall not pay, as an allowable cost under this contract, any man-hour (labor) costs (whether straight-time or overtime) for Contractor personnel or subcontractor personnel traveling to or from work sites, including work sites other than the Contractor’s facility for performance of contract work.

(b) Workers being paid under this contract, as prime contractor personnel or subcontractor personnel will complete a full shift at the work site, and no compensation will be paid for travel time before or after the shift.

(c) This requirement pertains only to labor charges for travel time before or after these workers’ regular shifts, and does not apply to legitimate travel costs incurred during normal working hours, provided that those costs are otherwise reasonable, allocable and allowable. This reimbursement does not apply to manufacturer’s representatives or Original Equipment Manufacturer (OEM) representatives when specifically required by Government requirements.

(d)

(1) Additionally, the Contractor shall not charge, and the Government shall not pay, any transportation costs under this contract associated with transporting Contractor or subcontractor personnel between the Contractor’s facility (or subcontractor’s facility), and any other work site to perform scheduled ship availability or inter-availability work. Transportation costs include, but are not limited to, bus fare, carfare, train fare, or boat fare, paid by the work force, or paid by the Contractor on behalf of the work force.

(2) Paragraph (d)(1) does not preclude payment to the Contractor of otherwise allowable transportation costs incurred by the Contractor for bus and driver to transport workers to a Government facility or other Government directed work site for performance of scheduled ship availability or inter-availability work. However, transportation costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor’s or employee’s convenience shall not be reimbursed by the Government.

H. 8

PAYMENT OF TRAVEL AND PER DIEM COSTS

Solely as authorized by the Contracting Officer, and only for the purpose of obtaining the services of Government-directed subcontracted sources, payment of travel and per diem costs shall be allowed on the resultant contract.

(a) TRAVEL COSTS: Except as otherwise provided herein, the Contractor’s vendors/subcontractors shall be reimbursed for travel costs (as defined in Federal Travel Regulations (41 CFR 301-304) on the basis of actual costs incurred subject to the following:

(1) All travel, whether it be within the Continental United States or outside the Continental United States, shall be accomplished by commercial carrier, privately owned automobile or auto rental and the cost paid by the Contractor’s vendors/subcontractors. If such commercial transportation is not readily available, transportation will be furnished by the Government, when requested, by means of Government aircraft, vessel or vehicle. In the event the Government agency furnishing such transportation requires payment therefore, the Contractor shall pay the cost thereof and be reimbursed pursuant to the terms of this Section. The Government will reimburse the Contractor’s vendors/subcontractors for domestic transportation on the basis of actual cost if by commercial or Government carrier, and at the per-mile rate specified in the Federal Travel Regulation, plus road and bridge tolls.

(2) The travel reimbursable herein includes only that travel (commercial carrier, or private automobile or auto rental) from the traveler’s normal workplace to the site of work, and from the site of work to the traveler’s normal workplace. Travel at U.S. Military Installation where Government transportation is available; travel performed for personal convenience, including daily travel to and from work; will not be reimbursed hereunder. Travel costs incurred in the replacement of personnel will not be reimbursed by the Government to the Contractor when such replacement is accomplished at the contractor's or employee's convenience.

(3) Relocation costs and travel costs incident to relocation are not allowable and will not be reimbursed hereunder.

(b) PER DIEM: The Contractor’s vendors/subcontractors will be reimbursed for the expense of meals, lodging, transportation between places of lodging or business and places where meals are taken and any other miscellaneous travel and living expense incurred in the performance of this contract at the per diem rate in effect at the time travel is conducted. Per diem shall be payable only when the contractor employee is in an authorized travel status. The per diem rate shall be established in accordance with the Federal Travel Regulations or a set rate agreed upon by the parties, however, such a set rate shall not exceed the maximum amount permitted by the Federal Travel Regulations.

Note: In rare instances, the government may direct the Contractor to travel to the location of the vessel while it is on mission. In these circumstances, and only as authorized by the contracting officer, the Contractor shall be reimbursed for reasonable travel costs consistent with the above paragraphs.

SECTION I - CONTRACT CLAUSES

I.1

FAR 52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at the following address: http://farsite.hill.af.mil/VFFARa.htm

for Illegal or Improper Activity

(JAN 1997)