FINAL BERTHOLF DD SOLICITATION.doc

OMBUDSMAN NOTICE

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 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 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 protests 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 (GG-913)

Acquisition Planning and Performance Measurement

1900 Half St. SW, Room 11-0402

Washington, DC 20593

Telephone: (202) 372-3692

Fax: (202) 475-3904

DO-A3

Page of Pages

HSCG85-10-R-610K16

4. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

5. DATE ISSUED

27 JAN 2010

6. REQUISITION/PURCHASE NO.21-10-850610K16

7. ISSUED BY

CODE

COMMANDER – USCG SURFACE FORCES LOGISTICS CENTER

LONG RANGE ENFORCER PRODUCT LINE

OFB 1301 CLAY ST. SUITE 807N

OAKLAND, CA 94612-5249

DRY-DOCK & REPAIRS OF USCGC BERTHOLF (WMSL 750) Performance: 17 May 2010 – 25 June 2010

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

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 Proposals must be received not later than 25 Febuaty 2010, 11:00 A.M. Local California Time

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.

11. TABLE OF CONTENTS

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

15A.NAME &

ADDRESS OF

OFFEROR

CODE

DUNS #

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

AWARD (To be completed by Government)

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

FORMCHECKBOX

10 U.S.C. 2304 (c)(5)

FORMCHECKBOX

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

23. SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise specified)

See Block 7

24. ADMINISTERED BY (If other than Item 7)

25. PAYMENT WILL BE MADE BY

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 AND SERVICES - PRICES

NOTICE TO OFFERORS: Offerors must complete and submit all applicable items of this solicitation, with particular emphasis on Sections A, B, I and K.

Contractor shall provide all labor, materials, facility, and equipment, except as specified, to perform DRY-DOCK AND REPAIRS of USCGC BERTHOLF (WMSL 750), from 17 MAY 2010 through 25 JUNE 2010.

All work will be performed at a Contractor provided facility.

B.1

DEFINITE ITEMS:

B.2 OPTIONAL ITEMS – Optional Item (IF ANY) O-xx THROUGH O-xx may be awarded concurrent with Definite Items or when funds become available, but not later than 14 calendar days after commencement of the Definite Items, to maintain performance schedule. See Section H “Optional Items”.

O-xx

B.3A COMPOSITE LABOR HOUR RATE APPLICABLE TO CONTRACT CHANGES (NON-FIRE WATCH)

The following labor hour rate shall be used in pricing all contract changes (except for the fire watch portion) in accordance with the clause of Section H entitled "COMPOSITE LABOR HOUR RATE FOR CONTRACT CHANGES."

Labor Hour Rate

Estimated Quantity**

Extended Amount

**NOTE: The estimated quantity and extended amount indicated above are for evaluation of bids only. The quoted rate will apply to all changes involving additional work under this contract regardless of the actual total hours required.

B.3B COMPOSITE LABOR HOUR RATE APPLICABLE TO CONTRACT CHANGES FOR FIRE WATCHES

The following labor hour rate shall be used in pricing the fire watch portion of all contract changes in accordance with the clause of Section H entitled "COMPOSITE LABOR HOUR RATE FOR CONTRACT CHANGES."

Labor Hour Rate

Estimated Quantity**

Extended Amount

**NOTE: The estimated quantity and extended amount indicated above are for evaluation of bids only. The quoted rate will apply to all changes involving additional work under this contract regardless of the actual total hours required.

B.4

LAY DAYS

Provide a price for dry dock Lay Days in accordance with HSAR 3052.217-94 (DEC 2003). The quoted price per day will apply to all lay days. The estimated quantity of 3 days is for evaluation purposes only.

PRICE PER DAY:

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SECTION C - DESCRIPTION AND SPECIFICATION

C.1

DESCRIPTION OF WORK:

The contractor shall furnish all necessary labor, materials, services, equipment, supplies, accessories and other such things as are necessary, except as otherwise specified, to perform Dry-dock & repairs of the USCGC BERTHOLF (WMSL 750), in accordance with resultant contract and specifications referenced in Section J, List of Attachments.

SECTION D - PACKAGING AND MARKING

D.1 Packaging and Marking as indicated in the specifications.

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SECTION E - INSPECTION AND ACCEPTANCE

E.1

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

This contract incorporates one or more of the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.arnet.gov http://farsite.hill.af.mil

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

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/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) will be designated by letter to administer technical aspects of this contract, limited to technical review and approval of work. Wherever the term “Authorized Representative of the Contracting Officer”, Inspecting Officer,” or “Commanding Officer” appear in the contract or referenced documents, it shall be taken as reference to the COTR. 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.

C.

Administrative Contracting Officer (ACO): An Administrative Contracting Officer may be designated in writing to administer this contract. He/she will act as Contracting Officer in all general matters and for all monetary adjustments within his/her warranted authority.

E.3

PLACE OF ACCEPTANCE

The place of acceptance will be made at the certified facility provided by the Contractor.

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SECTION F - DELIVERIES OR PERFORMANCE

F.1

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

This contract incorporates one or more of the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.arnet.gov http://farsite.hill.af.mil

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

F.2 PERFORMANCE

A. TIME OF PERFORMANCE:

USCGC BERTHOLF (WMSL 750) will be available for performance of the work under this contract during the period of 17 MAY 2010 through 25 JUNE 2010.

B. PLACE OF PERFORMANCE:

(1) All work under this contract will be performed at a certified facility provided by the Contractor.

(2) The work to be performed on the cutter shall not be performed at any other location unless the Contracting officer approves a change in location in writing, in advance.

NOTE: The contractor must specify in Section K the location of the facility where work is to be performed. If Section K is not completed, the bid may be considered non-responsive.

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SECTION G - CONTRACT ADMINISTRATION DATA

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 following designated office:

Commander

Surface Forces Logistics Center

Long Range Enforcer Product Line

Attn: Michael T. Leonard Federal Office Building 1301 Clay Street, Suite 807N

Oakland, CA 94612-5249

Email: Michael.t.leonard@uscg.mil M/F: Contract No. HSCG85-10-C-xxxxxx

C. Inquiries regarding payment must be directed to the Customer Service Representative, Chesapeake, VA at (757) 523-6940.

G.2 PROGRESS PAYMENTS

A. The Contractor may invoice requesting 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 derived from 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 and acceptance of all work under this contract

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 ADDITIONAL WORK

A. If the need for additional work develops, the Contractor must obtain authority orally or 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 proposals for proposed change orders, which shall be required to include:

(1) A complete breakdown of labor hours and costs 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 and extended cost and contractor’s material handling costs.

(3) A complete breakdown of labor and material as described above for each proposed subcontractor.

C. The contractor shall submit written proposals and breakdown to the Contracting Officer via facsimile or e-mail to: Michael.t.leonard@uscg.mil

H.2 COMPOSITE LABOR HOUR RATE FOR CONTRACT CHANGES

1. The composite labor hour rate price in Section B shall be the sole labor hour rate used to price the prime contractor's direct labor hours for all contract changes, whether growth within scope or new work. The contractor shall not receive any compensation in addition to this rate for prime contractor's direct labor associated with changes under this contract.

2. The composite labor hour rate shall represent total compensation for the following: direct labor; any port or association fees, rents or other levies; all overhead and general and administrative costs; profit; and all direct and indirect costs and profit associated with following support functions:

Supervision Quality Assurance

Planning Engineering

Surveyors Worker Transit Time

Material Handling Testing

Cleaners Guards

Estimating Contract Administration

3. The composite labor hour rate will be used in pricing production labor hours. This shall include only those hours necessary and reasonable to perform direct production functions, and will not include the support functions listed above, whether the contractor normally charges such support functions directly or indirectly by the contractor’s accounting system. These support functions are to be priced into the bid rate and shall not be separately compensated.

4. This clause shall not affect the other rights of the parties under FAR 52.243-1, CHANGES-FIXED PRICE (AUG 1987)(ALT II)(APR 1984), including the right of the Contracting Officer to issue unilateral change orders, and the right of the contractor to request equitable adjustment.

5. The Estimated Quantity indicated by the Government in Section B is an estimate only, and the Extended Amount indicated by the bidders in Section B is not ordered by award of a contract pursuant to this solicitation. The Estimated Quantity represents the Government's best estimate of the total number of hours that will be required. The actual number of hours may be greater or less.

H.3 OPTIONAL ITEMS

Any combination of (ANY) Optional Items O-xx through O-xx may be awarded if the Coast Guard determines that any or all of them can be performed within the time frame allocated for this availability, and within the funds available, at the price quoted in the Contractor’s bid and without any other consideration whatsoever. However, after midnight on the 14th calendar day after commencement of work on the Definite Items, the Contractor shall have the right to refuse to accept the award of any previously un-awarded Optional Item. Such award refusals shall bar neither the Government nor the Contractor from subsequently negotiating with each other for performance of the work embodied in the refused Optional Item.

These Optional Items shall be awarded by written notice to the Contractor through issuance of a contract modification (SF-30). Transmission of the SF-30 notice of exercise of options to the contractor via scanned email document or FAX is authorized. For purposes of determining the exact time of scanned email or FAX transmission, the time, date, and year of transmission automatically applied to the email or FAX and/or the FAX record of transmission at the contracting office shall govern. Evaluation of the Optional items will not obligate the Government to award any or all of them.

H.4 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 cutter, 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 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 he 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. A bidder 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 bidder’s assets are sufficient for the risks set forth in such clauses. The bidders 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 Bidders 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.5 SECURITY REQUIREMENTS

A. For each affected Coast Guard facility, the Contractor shall provide a list of all on-site personnel, including sub-contractors (including second and third-tier subcontractors) and suppliers, to the Contracting Officer. The contractor shall update this list when changes occur. Contractor personnel not listed may be denied access to the Coast Guard facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the Coast Guard facility. Contractor personnel shall have photo identification at all times while working on Coast Guard facilities.

B. Contractor and delivery personnel may be required to present personal photo identification to gain access to a Coast Guard installation. If identification does not indicate United States citizenship, Coast Guard Security may require proof of the legal right to work in the United States. Contractor and delivery personnel also may be subjected to an immigration status and outstanding criminal warrants check.

C. Contractors shall provide the Contracting Officer's Technical Representative with 24 hours of advance notice of every delivery to the site (e.g., concrete, lumber, parts, etc.) and provide the company name, delivery person, and phone number of the firm(s) making deliveries. All vehicle access to government property requires vehicle registration and proof of liability insurance. Otherwise access to the Coast Guard facility may be denied.

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 will be compiled and reported in a Contractor Performance Report by the end user(s) for use by this agency and other government agencies on future source selection decisions. The report will be compiled jointly by the Contracting Officer's Technical Representative (COTR) and the Port Engineer (PE) at the conclusion of the contract. The Contracting Officer will input his/her comments and forward the report to the contractor, for comment. In the case of a contract with option years, an interim report will be completed in November of each year. The areas to be evaluated are:

Quality of Product or Service

Business Relations

Timeliness

Meeting SDB Subcontracting Requirements

B. Each area will be evaluated using the following scale: Outstanding (5), Excellent (4), Good (3), Fair (2), Poor (1) and Unsatisfactory (0).

C. The National Institute of Health (NIH) Contractor Performance System (CPS) shall be used for all performance evaluations. Where the NIH CPS is used, a hard copy of the evaluation report is not maintained in contract file unless a level above the contracting officer review is necessary. At this the CPS does not currently contain an electronic means to retain the level above review, therefore, a hard copy of the level above review will be contained in the contract file.

D. All contractors are encouraged to register with the NIH. Registration may be accomplished on-line at https://cpscontractor.nih.gov/. By registering the contractor will receive timely notice of government inputs into the database and the opportunity to respond on-line to all government comments.

E. The results of the report will be provided to the contractor who will be given a period of thirty (30) days to review and provide comments. All comments will be considered by the Contracting Officer and reviewed in accordance with FAR 42.1503. The report will be marked "Source Selection Information" and safeguarded for official use only in accordance with Federal Acquisition Regulation Part 3.104. Comments shall be limited to 2000 characters for each area evaluated. In the cases where the contractor does not directly input their comments into the database, the contracting officer will use their best efforts to transfer the contractor’s input into the database. In those cases where the contractor exceeds the 2000 character limitation, the contracting officer will input comments up to the 2000 character limit. In these circumstances the contracting officer will close the comments with the following

“Due to the contractor exceeding the 2000 character limitation, the remainder of the comments may be obtained from the contracting officer.”

F. A copy of the Contractor Performance Report is available upon request.

H.7 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, admission to the contractor’s facility, and access to the cutter to perform and fulfill their respective obligations to the Government on a noninterference basis. 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.

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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. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at Websites listed below:

http://www.arnet.gov, http://farsite.hill.af.mil

I.2 DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION (48 CFRChapter 30) CLAUSES:

I.3 FAR 52.219-28 Post Award Small Business Program Representation (APR 2009)

(a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/ .

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect the Contractor’s current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code ______________ assigned to contract number ______________.[Contractor to sign and date and insert authorized signer's name and title].

I.4 FAR 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

(a) Definition. "Ozone-depleting substance," as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

Warning Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

*The Contractor shall insert the name of the substance(s).

I.5 HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUN 2006)

(a) Sensitive Information, as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107- 296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of S SI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the contractor to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

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SECTION J - LIST OF ATTACHMENTS

The following are attached as part of this solicitation:

J.1 Specifications for the Dry-dock and Repairs of CGC BERTHOLF (WMSL 750) are posted at www.fedbizopps.gov and maybe accessed by registered contractors.

J.2 Coast Guard drawings (available in CD) as listed in the specification may be requested via email to: michael.t.leonard@uscg.mil .

J.3 Contractor’s Request for Clarification Form (DEADLINE TO SUBMIT REQUEST FOR CLARIFICATION: 18 FEB 2010 @ 1300 PST) J.4 Past Performance Criteria

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SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF BIDDERS/OFFERORS

K.1 FAR 52.204-8 Annual Representations and Certifications (FEB 2009) a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 336611 .

2) The small business size standard is 1000 employees or less.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

__ (ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

__ (iii) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance,…