SolicitationSchedule(10-R-WLBDECON).doc

POLAR CLASS HUB MAINTENANCE

HSCG85-07-R-65BX146

Notice to Offerors

1. This is an unrestricted, competitive negotiated procurement for work to be performed within the coastal and estuarine region from the border between Texas and Mexico to Naples, FL. In order to be selected for award, offerors are required to submit written proposals consistent with the requirements of this solicitation. Source selection will be based upon a responsibility determination outlined in Section M.

2. In addition to the requirement to submit written proposals, the offeror must complete and complete all applicable items of this solicitation, with particular emphasis on Sections A, B, and K.

3. It is the offeror’s responsibility to ensure its proposal meet all solicitation requirements. Failure to provide all necessary information may result in a proposal being rejected or not receiving full consideration since the Coast Guard reserves the right to award a contract based upon initial proposals.

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

5. Questions regarding this procurement shall be processed in accordance with Section L.11

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

COMMANDANT (CG-9131)

U S COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

2100 2ND ST SW STOP 7112

WASHINGTON DC 20593-7112

The Ombudsman Hotline telephone number is 202.372.3695

Page of Pages

HSCG85-10-R-WLBDECON

4. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP)

5. DATE ISSUED

11 AUG 10

6. REQUISITION/PURCHASE NO.

MULTIPLE

7. ISSUED BY

CODE

COMMANDER

SURFACE FORCES LOGISTICS CENTER, CPD-2 IBCT

1301 CLAY ST. SUITE 807N

OAKLAND, CA 94612-5200

JIM ALTICE

NESU SEATTLE, BLDG 3

1519 ALASKAN WAY S.

SEATTLE, WA 98134

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

SOLICITATION

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

24 AUG 10.

(Hour)

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

INFORMATION

CALL:

NUMBER

217-6815

11. TABLE OF CONTENTS

PARTIII – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

OFFER

(Must be fully completed by offeror)

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

15A.NAME

AND

ADDRESS

OF

OFFEROR

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE – ENTER SUCH ADDRESS IN SCHEDULE

AWARD (To be completed by Government)

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

FORMCHECKBOX

10 U.S.C. 2304 (c)(2 )

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)

CODE

25. PAYMENT WILL BE MADE BY

CODE

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

28. AWARD DATE

Signature of Contracting Officer)

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)

PART I - THE SCHEDULE

SECTION B: SUPPLIES OR SERVICES AND PRICES

DEFINITE ITEMS

OPTIONAL ITEMS

Note 1: Prices to be competitively established post-award IAW Special Contract Requirement H.2 “COMPETITIVE ORDERING PROCEDURES” Note 1: FAR 52.216-22: Minimum quantity (CLIN 0001). Maximum quantity (CLINs 0001 – 0007B)

SECTION C - DESCRIPTION AND SPECIFICATION

C.1

DESCRIPTION OF WORK:

The Contractor shall furnish, upon receipt of a duly executed delivery order, all necessary labor, materials, services, equipment, supplies, power, accessories, facilities, design and other such things necessary, to perform the drydocking, decontamination and repairs based upon the following two specifications:

Specification For Unplanned Drydock For Oil (Hydrocarbon) Decontamination USCG 225 WLB (A-Class) Applicable Hulls: 201, 204, 205

Specification For Unplanned Drydock For Oil (Hydrocarbon) Decontamination USCG 225 WLB (B-Class) [Applicable Hulls: 208, 209, 210, 211, 213]

SECTION D - PACKAGING AND MARKING

Packaging and Marking as indicated in the specifications.

SECTION E - INSPECTION AND ACCEPTANCE

E.1

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

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

http://farsite.hill.af.mil/VFFARa.htm

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

FAR 52.246-2

Inspection of Supplies - Fixed Price

(AUG 1996)

E.2

THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY

FOR CONTRACT ADMINISTRATION

a.

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

b.

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

c.

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

d.

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

e.

Administrative Contracting Officer (ACO): An Administrative 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 shall be at the place of performance after completion of all work.

SECTION F - DELIVERIES OR PERFORMANCE

F.1

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

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

http://farsite.hill.af.mil/VFFARa.htm

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

FAR 52.242-15

Stop-Work Order (AUG 1989)

FAR 52.242-17

Government Delay of Work (APR 1984)

FAR 52.247-55

F.O.B. Point For Delivery of Government-Furnished Property (APR 1984)

F.2

PERIOD OF PERFORMANCE

The period of performance for the contract is as follows:

CLINs 0001 – 0007B From: Award Date to:

17 December 2010.

Each delivery order shall define the period of performance for the specific work ordered under each of the optional CLINs.

F.3

PLACE OF PERFORMANCE

Place of performance will be at the contractor’s facility.

The contractor’s facility drydocking facility must be located in the United States and must lie in the coastal and estuarine region stretching from the border of Texas and Mexico in the west to Naples, FL in the east.

F.4 ORDERING (FAR 52.216-18) (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award through 01/15/11.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

Note: all methods in the second sentence of paragraph (c) are authorized.

F.5

GOVERNMENT PROPERTY

Government property will be listed in the specification package for optional CLINs being competitively priced.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1

INVOICING REQUIREMENTS—FIRM FIXED PRICE

a.

The following data must be included in an invoice for it to constitute a proper invoice:

1. Company Address (Invoice shall be submitted on company letterhead)

2. Invoice No.

3. Contract Name: “Polar Class Hub Maintenance”

4. Contract No. (HSCG85-10-D-_____________)

5. Delivery Order No.

6. Modification No. (if applicable)

7. Unit Price

8. Quantity

9. Total Price b.

An original invoice shall be submitted by the contractor to the following designated office:

Jim Altice

USCG, SFLC CPD-2

Station Seattle

Bldg 3

Seattle, WA 98134

Scanned and emailed invoices are acceptable. Send such invoices to the following individual.

james.s.altice@uscg.mil

The Contracting Officer will then authorize and process invoices for payment.

Inquiries regarding payment shall be directed to the Contracting Officer.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1

INSURANCE REQUIREMENTS

a.

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

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

(2) General Liability: Bodily injury liability insurance coverage shall be written into the comprehensive form of policy of at least $500,000 per occurrence, and

(3) Automobile Liability: automobile liability insurance that covers both bodily injury liability (coverage of at least $200,000 per person and $500,000 per occurrence) and property damage (coverage of at least $20,000 per occurrence) liability shall be written into the comprehensive form of policy.

b.

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

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

c.

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

H.2

COMPETITIVE ORDERING PROCEDURES

The specifications provided in this solicitation are as definitive as possible, but will require some update by the Coast Guard to reflect the actual technical requirements for a given cutter.

Each optional contract line item (CLIN) is associated with a composite labor rate and a lay day rate (for instance, CLIN 0002 is associated with sub-CLINs 0002A and 0002B for CGC JUNIPER’s drydocking ). The composite labor rate and lay day rate will be used in negotiating all prime contract labor costs involved in any changes to the given drydocking/decon package (see Special Contract Requirements H.3 and H.4).

Post-award, for given optional CLINs 0002 - 0007, the Coast Guard will issue a request for proposal to each of the awardees. The RFP will provide an updated specification, period of performance, proposal format and proposal deadline.

Price evaluation for competitive award of each drydocking/decon package will be accomplished by summing the proposed values of the CLIN and its two associated sub-CLINs. The lowest-priced proposal will be issued as an order under the contract.

H.3

COMPOSITE LABOR RATE

a.

The composite labor hour rate price in Section B shall be the sole labor hour rate used to price the prime contractor's burdened labor hours for all contract changes, whether 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: burdened labor (whether at a straight time, overtime or double time rate); any port or association fees, rents or other levies; all overhead and general and administrative costs and all direct and indirect costs and profit.

c.

The composite labor hour rate will be used to price only hardcore production labor hours, which are limited to include only those hours necessary and reasonable to perform direct hardcore production functions. The Composite Labor Rate shall include the cost of the support functions and personnel listed below, whether such support functions are normally charged directly or indirectly in the contractor's accounting system. Such support functions shall not be separately compensated.

Supervision

Quality Assurance

Transportation

Planning

Engineering

Laborers

Surveyors

Worker Transit Time

Material Handling Testing

Cleaners

Guards

Estimating

Contract Administration

Fire watchers Consumable Materials d.

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.

e.

The quoted composite labor hour rate for sub-CLINs 0002A, 0003A, 0004A, 0005A, 0006A and 0007A will be incorporated as part of order for the respective CLINs. The quantity of hours indicated in sub-CLINs 0002A, 0003A, 0004A, 0005A, 0006A and 0007A of Section B are representational estimates only, and the extended price will be used to perform price analysis for competitive order awards on each CLIN. The estimated quantity of hours per CLIN (1,000) is the Government's best estimate of the total number of hours that might be required for growth work on a given drydocking. The actual number of hours may be greater or less.

H.4

LAY DAYS (HSAR 3052-217-94)

a.

Lay day time will be paid by the Government at the Contractor's stipulated bid price for this item of the contract when the vessel remains on the dry dock or marine railway as a result of any change that involves work in addition to that required under the basic contract.

b.

No lay day time shall be paid until all items of the basic contract for which a price was established by the Contractor and for which docking of the vessel was required have been satisfactorily completed and accepted.

c.

Days of hauling out and floating, whatever the hour, shall not be paid as lay day time, and days when no work is performed by the Contractor shall not be paid as lay day time.

d.

Payment of lay day time shall constitute complete compensation for all costs, direct and indirect, to reimburse the Contractor for use of dry dock or marine railway.

Additional not in HSAR clause:

The quoted composite lay day rate for sub-CLINs 0002B, 0003B, 0004B, 0005B, 0006B and 0007B will be incorporated as part of order for the respective CLINs. The quantity of lay days indicated in sub-CLINs 0002B, 0003B, 0004B, 0005B, 0006B and 0007B of Section B are representational estimates only, and the extended price will be used to perform price analysis for competitive order awards on each CLIN. The estimated quantity of lay days per CLIN (10) represents the Government's best estimate of the total number of lay days that might be required. The actual number of lay days may be greater or less.

H.5

CONTRACTOR PERFORMANCE EVALUATION

a.

The contractor's performance will be evaluated throughout the contract period in accordance with FAR 42.15. The results will be compiled and reported in a Contractor Performance Evaluation by SFLC for use by this agency and other government agencies on future source selection decisions. The areas to be evaluated are:

Quality of Product or Service

Business Relations

Timeliness 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 results of the report will be provided to the contractor who will be provided 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.

d.

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

PART II – CONTRACT CLAUSES

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 the following URL:

http://farsite.hill.af.mil

I.2 HOMELAND SECURITY ACQUISITION REGULATION (48 CFR Chapter 30) CLAUSES:

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

(b) The offeror FORMCHECKBOX has FORMCHECKBOX does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall enter the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than CLIN 0001 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $1,500,000.00;

(2) Any order for a combination of items in excess of $9,000,000.00 or

(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 March 2008.

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

The following are attached as part of this solicitation:

J.1 SFLC Draft Specification for USCG 225 WLB (A-Class) (Rev-1 8/3/10)

SFLC Draft Specification for USCG 225 WLB (B-Class) (Rev-1 8/3/10) J.2 Offeror Question Form Note: Certain drawings and referenced Std Specifications are supplied with this solicitation in order for offerors to complete the Capability Statement.

Offerors desiring a full package of technical references on CD shall make such requests in accordance with Section L.11

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS/OFFERORS

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at the following URL:

http://farsite.hill.af.mil (See Section I.1 FAR 52.204-7 and ensure registration and currency of data in CCR)

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 1,000 employees (annualized).

(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 certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

FORMCHECKBOX

(i) Paragraph (d) applies.

FORMCHECKBOX

(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.]

FORMCHECKBOX

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

FORMCHECKBOX

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

FORMCHECKBOX

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

FORMCHECKBOX

(A) Basic.

FORMCHECKBOX

(B) Alternate I.

FORMCHECKBOX

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

FORMCHECKBOX

(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

FORMCHECKBOX

(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

FORMCHECKBOX

(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

FORMCHECKBOX

(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

FORMCHECKBOX

(ix) 52.227-6, Royalty Information.

FORMCHECKBOX

(A) Basic.

FORMCHECKBOX

(B) Alternate I.

FORMCHECKBOX

(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov . After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1) SOLICITATION PROVISIONS

L.1

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a provision may be accessed electronically at this/these addresses. http://farsite.hill.af.mil or www.arnet.gov.

FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1), SOLICITATION PROVISIONS:

L.2

(RESERVED)

L.3 FAR 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS FPMR PART 101-29 (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza SW Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

L.4 FAR 52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (JAN 2006)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST ( http://assist.daps.dla.mil/;

(2) Quick Search (http://assist.daps.dla.mil/quicksearch/ )

(3) ASSISTdocs.com ( http://assistdocs.com ).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(1) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard );

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2197, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

L.5

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed-Price, Indefinite Delivery, Indefinite Quantity supply contract resulting from this solicitation.

L.6

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Chief, Contracting and Procurement Branch 2 Surface Forces Logistics Center IBCTPL Oakland Federal Building

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

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L.7

NOTICE OF PREAWARD SURVEY

(a) Offeror's are advised that the Government may contact potential contractors to ascertain their capabilities to perform the work specified in this solicitation. In addition to financial statements and credit rating checks, the Government may visit a prospective contractor's facilities. Areas of Interest on this survey may include, but are not limited to the following:

(1) performance plans

(2) quality control or contractor quality assurance plans

(3) personnel recruitment and training plans

(4) workload factors for manpower utilization

(5) management plan for handling peak workloads

(6) production capability

(i) plant facility and equipment.

(ii) purchasing and subcontracting

(iii) labor resources

(iv) performance record

(v) ability to meet delivery schedules

(7) environmental/energy considerations

(8) plant safety

(9) technical and/or professional abilities

(10) accounting systems

(11) security clearance

(12) Government property control

(b) Offeror's are advised that accomplishment of this survey is a part of the evaluation process and is not to be construed as an indication that an offeror will receive or is in the best position to receive the resultant award.

L.8

(RESERVED)

L.9

GENERAL INSTRUCTIONS FOR THE PREPARATION OF THE PROPOSAL

L.9.1

PURPOSE OF INSTRUCTIONS

L.9.1.1 These instructions prescribe the format and approach to be used in the development and presentation of proposal data. They are designed to assure the submission of information essential to the proposal. The instructions permit the inclusion of data or information an offeror deems pertinent.

L.9.1.2 Proposals must be prepared in accordance with these…