HSCG85-10-R-P45671 Solicitation.pdf

Notice to Offerors

1. This is a 100% Small Business set-aside, Request For Proposal (RFP), for the Drydock and Repair of the USCGC MIDGETT (WHEC 726), a 378’ high-endurance cutter, home moorage of Seattle, WA.

2. The work will be performed, during the period of 07 April 2010 through 01 June 2010.

3. In order to be selected for award offerors will be required to submit a written offer consistent with the requirements of this solicitation. Award will be based on evaluation factors outlined in Section M. As stated under paragraph M.2, AWARD, prospective offerors must submit their drydock certification in accordance with SFLC Standard Spec 997 and documentation showing the class and size of cutters lifted. Failure to submit required documentation will result for offer to be considered non-responsive and will be ineligible for award.

4. Offerors must complete and submit all applicable items of this solicitation, with particular emphasis on Sections A, B, I, K and L.

5. Offerors are highly encouraged to visit the cutter to determine layout and inspect interferences. Please call the USCGC MIDGETT (WHEC 726) Engineering Officer, Lt Jan Rybka at (206) 217-6280 x222 or CWO Shane Blackwood at (510) 637-5853 to arrange a visit.

6. Offerors must submit pricing for all work items in Section B.

7. Contractor’s drydock facility must be located within a 200 mile road radius of the cutter’s home moorage, Seattle, WA.

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 offeror to assist them in preparing their competitive proposals.

9. Specifications for the Drydock/Repair of USCGC MIDGETT will be posted at www.fbo.gov and may be accessed by registered contractors. Coast Guard drawings (available on CD) as listed in the specification may be requested via the same web site.

10. Offerors are encouraged to submit questions no later than 21 December 2009 to:

Jennifer Stock, at e-mail: jennifer.m.stock@uscg.mil , telephone (510) 637-5973, facsimile (510) 637-5978; ALTERNATE: Jo Ann Yamane at e-mail:

joann.t.yamane@uscg.mil , (510) 637-5970.

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

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

DO-A3

Page of Pages

1 33

2. CONTRACT NO. 3. SOLICITATION NO.

HSCG85-10-R-P45671

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP

5. DATE ISSUED

08DEC09

6.

REQUISITION/PURCHASE

NO.21-10-850P45671

7. ISSUED BY CODE HSCG85 8.

COMMANDER (C&P2)

Surface Forces Logistics Center

1301 CLAY STREET, SUITE 807N

OAKLAND, CA 94612

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

9. Sealed Offers in original and 1 copy for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or if Hand carried, in the depository located in 1301 Clay Street, Suite 807N, Oakland, CA by 11:00 AM Pacific time on 01/07/2010.

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.

10. FOR A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

INFORMATION CALL: JENNIFER STOCK AREA CODE 510 637-5973 EXT. jennifer.m.stock@uscg.mil

11. TABLE OF CONTENTS

(x) SEC . DESCRIPTION PAGE(S) (x) SEC. DESCRIPTION PAGE(S)

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 10

X B SUPPLIES OR SERVICES & PRICES/COSTS 2 PARTIII – LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X C DESCRIPTION/SPECS./WORK STATEMENT 5 X J LIST OF ATTACHMENTS 18

X D PACKAGING AND MARKING 5 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 5 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS 19 X F DELIVERIES OR PERFORMANCE 6

X G CONTRACT ADMINISTRATION DATA 6 X L INSTRS., CONDS., & NOTICES TO OFFERORS 22

X H SPECIAL CONTRACT REQUIREMENTS 7 X M EVALUATION FACTORS FOR AWARD 28

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)

10 CALENDAR DAYS

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):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A.NAME &

ADDRESS OF

OFFEROR

DUNS # 16. NAME AND TITLE OF PERSON AUTHORIZED

TO SIGN OFFER (Type or print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE – ENTER SUCH

ADDRESS IN SCHEDULE

17. SIGNATURE 18. OFFER

DATE AREA CODE NUMBER EXT

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

10 U.S.C. 2304 (c)( ) 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise specified)

ITEM

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

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA

(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)

Request for Proposal HSCG85-10-R-P45671 DRYDOCK/REPAIR OF USCGC MIDGETT (WHEC 726) Page 2 of 31

SECTION B: SUPPLIES OR SERVICES AND PRICES

The NAICS code for this acquisition is 336611 and the small business size standard is less than 1,000 employees.

Provide all labor, materials and equipment, except as specified, to perform DRYDOCK & REPAIR of USCGC MIDGETT (WHEC 726), home moorage of Seattle, WA, during the period of 07 April 2010 through 01 June 2010.

B.1 DEFINITE ITEMS – If there is an award , these items will be awarded.

Item DESCRIPTION Proposal

Price D-01 Production Control, Gantt Bar Chart Provide $ D-02 Ammunition HOIST CARRIAGE REPAIR $ D-03 Bulkhead Plating Renewal $

D-04 DAVIT DECK COAMING REPAIR $

D-05 Hull Plating Renewal-ENGINE ROOM $ D-06 Hull Plating, Underwater Body Inspect $ D-07 Hull Plating, Underwater Body Ultrasonic Testing $ D-08 Striker Plate Renewal, Oily Water Holding Tank $

D-09 APPENDAGES (UNDERWATER) LEAK TEST $

D-10 Appendages (underwater) Preserve, Internal $ D-11 Propulsion Shaft Fairwaters and Rope Guards Inspect and Repair $ D-12 Voids (non-accessible) Leak Test $ D-13 Voids (non-accessible) Preserve, Internal $ D-14 Tanks (mp Fuel Stowage and Overflow) Clean and Inspect $ D-15 Tanks (aviation Fuel Stowage) Clean and Inspect $

D-16 TANKS (CHAIN LOCKER) CLEAN AND INSPECT $

D-17 Tank (Waste Oil) Clean and Inspect $

D-18

PROPULSION SHAFT SEALS MECHANICAL OVERHAUL &

INFLATABLE RENEWAL $

D-19 REPLACE Stern Tube Shaft $ D-20 REPLACE Tailshaft $ D-21 Propulsion Shafting Remove, Inspect and Reinstall $ D-22 Controllable Pitch Propeller System General Maintenance $ D-23 Hubs General Maintenance $ D-24 Propeller Clean and Inspect $ D-25 Fathometer Transducers General Maintenance $

D-26 SOUNDING TUBE REPAIRS $

D-27 VENT DUCTING and filter housing RENEW $ D-28 Vent Ducting Inspect And Renew (Fan Space) $

D-29 SEA STRAINERS (ALL SIZES) OVERHAUL $

D-30 SEA VALVE (<= 2.5 INCHES) RENEWAL $

DRYDOCK/REPAIR OF USCGC MIDGETT (WHEC 726) Page 3 of 31

Price

D-31 SEA VALVE (> 2.5 INCHES) OVERHAUL $

D-32 FIRE PUMP SUCTION VALVE INSTALLATION $

D-33 MAGAZINE SPRINKLER VALVES (< 2.5 INCHES) OVERHAUL $

D-34 MAGAZINE SPRINKLER VALVES, >= 2.5 INCHES, OVERHAUL $

D-35 FUEL OIL MANIFOLD VALVE OVERHAUL $

D-36 FUEL oil/JP-5 FILL and transfer piping repairs $ D-37 BOW THRUSTER Hydraulic Power Unit Overhaul $

D-38 RUDDER AND RUDDER STOCK REMOVAL AND INSPECTION $

D-39 RUDDERS INSPECT AND REPAIR

D-40 THRUSTER UNIT (GENERAL) OVERHAUL $

D-41 Thruster Unit Hydraulic Accumulators Inspect and Hydro Test $ D-42 Commissary Hoist (GEN) Level 2 Inspect and repair $ D-43 Anchor Pocket Inspection and Preservation $ D-44 Anchor Windlass (gen) Level 2 Inspect and repair $ D-45 Anchor Chain and Ground Tackle Inspect and Repair $ D-46 Warping Capstan (gen) Level 2 Inspect and repair $

D-47

POTABLE WATER & OILY WASTE DECK CONNECTIONS

REPLACEMENT $

D-48 Forepeak Tank Preservation $ D-49 Mast(s) Preservation $ D-50 Hull Plating, Underwater Body Preserve (100%) $ D-51 Rudders (exterior) Preserve $ D-52 Hull Plating, Freeboard Preserve $ D-53 Cathodic Protection, Zinc Anode Renewal $ D-54 Ammunition Hoists & Elevators (GEN) Level 2 Inspect& Repair $

D-55 TEMPORARY SERVICES, DRYDOCK PROVIDE $

D-56 SEA TRIALS $

D-57 Drydocking Accomplish

TOTAL DEFINITE ITEMS $

B.2 OPTIONAL ITEMS

Optional Items may be awarded with Definite Items or when funds become available but before 15 May 2010 to maintain performance schedule. See section H "Optional Items" and Section M “Evaluation of Offers.”

DRYDOCK/REPAIR OF USCGC MIDGETT (WHEC 726) Page 4 of 31

Price O-58 Hull Plating Renewal, General $

O-59 STERN FLAP PROTOTYPE INSTALLATION $

O-60 Appendages (underwater) Air Test $ O-61 Voids (underwater) Air Test $

O-62 RENEW TANK MANHOLE RING $

O-63 REPAIR MANHOLE RINGS $

O-64 Deck Plating Renewal, General $ O-65 Propulsion Shaft Coating Renewal $ O-66 Propulsion Shaft Bearing (AFT STRUT) Stave Renewal $

O-67 Propulsion Shaft Bearing (FWD STRUT AND STERN TUBE) Stave Renewal $

O-68 RENEW A SINGLE PROPELLER HUB $

O-69 RENEW RUDDER POST PACKING HOUSING $

O-70 RUDDER STOCK LOWER BEARING RENEWAL $

O-71 bilges (machinery space) preserve $ O-72 Chain Lockers Preserve $

TOTAL OPTIONAL ITEMS $

TOTAL DEFINITE & OPTIONAL ITEMS $

B.3 COMPOSITE LABOR HOUR RATE APPLICABLE TO CONTRACT CHANGES

The following labor hour rate shall be used in pricing 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

$ /per hour

X

5400 Hours

**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 $ X

3 Days

DRYDOCK/REPAIR OF USCGC MIDGETT (WHEC 726) Page 5 of 31

SECTION C - DESCRIPTION AND SPECIFICATION

C.1 DESCRIPTION OF WORK

The Contractor shall furnish all necessary labor, materials, services, equipment, supplies, and other such things as are necessary, except as otherwise specified, for the Drydock and Repair of the USCGC MIDGETT (WHEC 726), in accordance with resultant contract and specifications referenced in Section J, List of Attachments.

C.2 SPECIFICATION AND DRAWINGS -- See Section J, List of Attachments.

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates 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/these addresses: www.arnet.gov or http://farsite.hill.af.mil .

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

CLAUSE NO Title DATE

52.246-2 Inspection of Supplies - Fixed Price AUG 1996 52.246-4 Inspection of Services - Fixed Price AUG 1996

52.246-16 Responsibility for Supplies APR 1984

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. 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.

C. Contracting Officer’s Representative (COR), will be designated by letter to administer technical aspects of this contract, limited to technical review and approval of work.

D. Wherever the terms "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 COR.

E. The COR 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

DRYDOCK/REPAIR OF USCGC MIDGETT (WHEC 726) Page 6 of 31 attention of the Contracting Officer.

E.3 PLACE OF ACCEPTANCE

The place of acceptance will be made at the Contractor’s facility.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates 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/these addresses: www.arnet.gov or http://farsite.hill.af.mil

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

CLAUSE NO. TITLE DATE

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay of Work APR 1984 52.247-55 F.O.B. Point For Delivery of Government-Furnished

Property

JUN 2003

F.2 PERFORMANCE

A. TIME OF PERFORMANCE

USCGC MIDGETT (WHEC 726) will be available for performance of the work, under this contract, during the period of 07 April 2010 through 01 June 2010.

B. PLACE OF PERFORMANCE

(1) All work under this contract will be performed at the Contractor’s facility. There is a Geographical Restriction under this requirement, which states that the contractor will perform the contract within 200 road miles of the cutter’s home moorage, Seattle, WA.

(2) All work under this contract shall be performed at the contractor’s facility indicated in Section K.

(3) The work to be performed on the cutter shall not be performed at any other location unless a change in location is approved in writing, in advance, by the Contracting Officer.

F.3 GOVERNMENT PROPERTY

For a consolidated list of Government Furnished Property, see specifications referenced in Section J. The Government Furnished Property Administrator, for this contract will be CWO Shane Blackwood at (510) 637-5853.

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

DRYDOCK/REPAIR OF USCGC MIDGETT (WHEC 726) Page 7 of 31 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:

USCG, Commander Surface Forces Logistics Center C/O Jennifer Stock 1301 Clay Street, suite 807N Oakland, CA 94612 M/F: Contract No. HSCG85-10-C-P45671

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 every two weeks.

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.

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 work requests which may 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 charge/profit; and

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

C. The contractor shall submit written proposals and breakdowns to the Contracting Officer via facsimile

DRYDOCK/REPAIR OF USCGC MIDGETT (WHEC 726) Page 8 of 31 transmission or email to jennifer.m.stock@uscg.mil

H.2 COMPOSITE LABOR HOUR RATE FOR CONTRACT CHANGES

A. The composite labor hour rate bid in Section B.3 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.

B. 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 Transportation/Drivers Material Handling Testing Cleaners Guards Estimating Contract Administration

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

D. This clause shall not affect the other rights of the parties under FAR 52.243-1, CHANGES-FIXED PRICE (AUG 1997)(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.

E. The Estimated Quantity indicated by the Government in Section B is an estimate only, and the Extended Amount indicated by the offeror 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 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 therefrom:

(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

DRYDOCK/REPAIR OF USCGC MIDGETT (WHEC 726) Page 9 of 31 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 bidder shall submit with his bid two (2) certified copies of documents listing his assets and liabilities and such other information as deemed necessary by the Bidder 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 OPTIONAL ITEMS

Optional Items O-59, O-65, and O-71 may be awarded concurrent with Definite Items, at prices quoted in the contractor’s bid and without any other consideration whatsoever.

Optional items O-60, O-61, O-62, O-62, O-66, O-67, O-68, O-69, O-70, and O-72 may be awarded if inspection reports reveal the necessity for activation, at the prices quoted in the Contractor’s bid and without any other consideration whatsoever. However, after midnight on 17 February 2010, the Contractor shall have the right to refuse to accept the award of these Optional Item/s. NOTE: In accordance with the specifications, Optional Item O- 66 may be activated more than once.

Optional items O-58, and O-64 may be awarded if inspection reports reveal the necessity for activation, at the prices quoted in the Contractor’s bid and without any other consideration whatsoever. However, after midnight on 03 March 2010, the Contractor shall have the right to refuse to accept the award of these Optional Item/s. NOTE: In accordance with the specifications, Optional Item O- 66 may be activated more than once.

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/s.

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 to the contractor via FAX is authorized; for purposes of determining the exact time of FAX transmission, the time, date, and year of transmission automatically applied to the FAX and/or the FAX transmission record of transmission at the contracting office shall govern. Evaluation of the Optional items will not obligate the Government.

H.5 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 Representative (COR) 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).

DRYDOCK/REPAIR OF USCGC MIDGETT (WHEC 726) Page 10 of 31

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 time 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 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 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.6 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.

SECTION I - CONTRACT CLAUSES

I.1 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 these addresses: www.arnet.gov , http://farsite.hill.af.mil or http://www.dhs.gov/dhpublic/.

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

FAR CLAUSE CLAUSE TITLE Date 52.202-1 Definitions JUN 2004 52.203-3 Gratuities APR 1984

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52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restriction on Subcontractor Sales to the Government SEP 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity

JAN 1997

52.203-10 Price or Fee Adjustment For Illegal or Improper Activity JAN 1997 52.203-12 Limitation on Payments to Influence Certain Federal Transactions SEPT 2007 52.204-4 Printed/Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.209-6 Protecting the Government's Interest when Subcontracting with

Contractors Debarred, Suspended or Proposed for Debarment

SEP 2006

52.211-5 Material Requirements AUG 2000 52.211-15 Defense Priority and Allocation Requirements SEPT 1990 52.215-2 Audit & Records – Negotiation Mar 2009 52.215-8 Order of Precedence – Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Cost or Pricing Data-Modifications OCT 1997 52.215-13 Subcontractor Cost or Pricing Data-Modifications OCT 1997 52.219-6 Notice of Total Small Business Set-Aside JUN 2003 52.219-8 Utilization of Small Business Concerns OCT 2000 52.219-14 Limitations on Subcontracting DEC 1999 52.222-19 Child Labor – Cooperation with Authorities and Remedies AUG 2009 52.222-20 Walsh-Healy Public Contracts Act DEC 1996 52.222-21 Prohibition of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the

Vietnam Era and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action for Workers with Disabilities JUN 1998 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the

Vietnam Era and Other Eligible Veterans

SEP 2006

52.222-50 Combating Trafficking in Persons FEB 2009 52.223-3 Hazardous Material Identification and Material Safety Data, ALT. 1 (JUL

1995)

JAN 1997

52.223-6 Drug Free Workplace MAY 2001 52.223-14 Toxic Chemical Release Reporting (FAC 2001-15) AUG 2003 52.225-1 Buy American Act–Balance of Payments Program – Supplies FEB 2009 52.225-13 Restrictions on Certain Foreign Purchases FEB 2006 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement AUG 1996 52.227-3 Patent Indemnity APR 1984 52.229-3 Federal, State, and Local Taxes APR 2003 52.232-1 Payments APR 1984 52.232-8 Discounts for Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest OCT 2008 52.232-23 Assignment of Claims JAN 1986 52.232-25 Prompt Payment OCT 2003 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration OCT 2003 52.233-1 Disputes, ALT. 1 (DEC 1991) JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-2 Production Progress Reports APR 1991 52.242-13 Bankruptcy JUL 1995 52.243–1 Changes – Fixed Price, ALT. II (APR 1984) AUG 1987 52.244-6 Subcontracts for Commercial Items FEB 2009 52.245-1 Government Property, ALT. 1 JUN 2007

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52.248-1 Value Engineering FEB 2000 52.249-2 Termination for Convenience of the Government (Fixed-Price) MAY 2004 52.249-8 Default (Fixed Price- Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991

I.2 DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION \

(48 CFR Chapter 30) CLAUSES:

3052.211-71 Index for Specifications DEC 2003 3052.215-70 Key Personnel or Facilities DEC 2003 3052.217-90 Delivery and Shifting of Vessel DEC 2003 3052.217-91 Performance DEC 2003 3052.217-92 Inspection and Manner of Doing Work DEC 2003 3052.217-93 Subcontracts DEC 2003 3052.217-94 Lay Days DEC 2003 3052.217-95 Liability and Insurance DEC 2003 3052.217-96 Title DEC 2003 3052.217-97 Discharge of Liens DEC 2003 3052.217-98 Delays DEC 2003 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair DEC 2003 3052.217-100 Guarantee (90 DAYS) JUN 2006 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work DEC 2003 3052.222-90 Local Hire JUN 2006 3052.223-70 Removal or Disposal of Hazardous Substances-Applicable Licenses and

Permits (30 days)

JUN 2006

3052.223-90 Accident and Fire Reporting DEC 2003 3052.242-70 Dissemination of Contract Information DEC 2003 3052.242-72 Contracting Officer’s Technical Representative DEC 2003 3052.245-70 Government Property Reports DEC 2003

I-3 52.219-28 Post-Award Small Business Program Representation.

As prescribed in 19.308(d), insert the following clause:

Post-Award Small Business Program Rerepresentation (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.

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(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 that they reflect the Contractor’s current status. The Contractor shall notify the contracting office 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 o is, o 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 52.222-39 Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees (Dec 2004)

(a) Definition. As used in this clause--

“United States” means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

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(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees.

However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to--

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

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(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall--

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N- 5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold.

Pursuant to 29 CFR Part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I.5 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.

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(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." (Contractor to insert the name of the substance(s).

I.6 3052.204-71 CONTRACTOR EMPLOYEE ACCESS

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, Pub. L. 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…