Solicitation Pkg

Request for Proposal

HSCG85-11-R-P30003

IDIQ for Dockside Repairs of WHECs, WMSLs & Other CGC Cutters

SECTION B - SUPPLIES AND SERVICES - PRICES

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

B.1

SCHEDULE OF PRICES

SECTION C - DESCRIPTION AND SPECIFICATION

C.1

DESCRIPTION OF WORK:

The contract(s) awarded as a result of this solicitation is for dockside repairs for the following Coast Guard vessels home ported in the following areas:

a. High Endurance Cutters: CGC MELLON (Seattle, WA), CGC MIDGETT (Seattle, WA)

b. Medium Endurance Cutters: CGC ACTIVE (Port Angeles, WA), CGC ALERT (Warrenton, OR), STEADFAST (Warrenton, OR)

c. Patrol Boats, 110 Class: CGC CUTTYHUNK (Port Angeles, WA), CGC ORCAS (Coos Bay, OR)

d. Patrol Boats, 87 CLASS: CGC SEA FOX (Bangor, WA), CGC SEA DEVIL (Silverdale, WA), CGC ADELIE (Port Angeles, WA), CGC BLUESHARK (Everett, WA), CGC OSPREY (Port Townsend, WA), CGC SEA LION (Bellingham, WA), CGC SWORDFISH (Port Angeles, WA, CGC TERRAPIN (Port Angeles, WA), CGC WAHOO (Port Angeles, WA)

Delivery orders may be issued for casualty repairs of other Coast Guard cutters. All work will be performed in Seattle, Washington; Port Angeles, Washington; Everett, Washington; Warrenton, Oregon; Coos Bay, Oregon; Bangor, Washington; Silverdale, Washington; or Bellingham, Washington.

SECTION D - PACKAGING AND MARKING

D.1 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 of the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

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

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

E.2

THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR

CONTRACT ADMINISTRATION

A.

Contracting Officer: No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer.

In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The Contracting Officer may delegate certain technical responsibilities to a technical representative.

B.

Contracting Officer’s Technical Representative (COTR) will be designated by letter to administer technical aspects of this contract, limited to technical review and approval of work. Wherever the term “Authorized Representative of the Contracting Officer”, Inspecting Officer,” or “Commanding Officer” appear in the contract or referenced documents, it shall be taken as reference to the COTR. The COTR is not authorized to change the scope, price, delivery or other terms and conditions of the contract. Any disputes regarding performance of the contract shall be brought promptly to the attention of the Contracting Officer.

For Delivery Orders, COTRs may be designated, in writing, at the time of award of the delivery orders.

C.

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

D.

Ordering Officials: The Ordering Official is an employee of the US Coast Guard who has been authorized, in writing, by the ACO to place orders against the contract.

E.3.

INSPECTIONS

Except as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements.

Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract.

The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation.

E.4

PLACE OF ACCEPTANCE

The place of acceptance will be made onboard the specific cutter named in the individual Delivery Order.

SECTION F - DELIVERIES OR PERFORMANCE

F.1

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

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

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

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

F.2

PERIOD OF PERFORMANCE

(1) The period of performance for a typical dockside requirement, such as the sample specification, is 63 days or 7.5 weeks.

(2) The period of performance will be specified in the Delivery Order.

(3) Individual delivery orders will cite specific working hours. Typical working hours are 0730 through 2030, Monday through Friday. Any change in the work hours will be implemented by issuance of a contract modification.

F.3

PLACE OF PERFORMANCE

(1) All work will be performed onboard the cutter in Seattle, Washington; Port Angeles, Washington; Everett, Washington; Warrenton, Oregon; Coos Bay, Oregon; Bangor, Washington; Silverdale, Washington; or Bellingham, Washington.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1

INVOICING REQUIREMENTS -- FIRM FIXED PRICE

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

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

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

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

(4) The Contractor’s DUNS number (Data Universal Numbering System).

(5) Shipping and payment terms.

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

(NOTE: The Data Universal Numbering System (DUNS) number is the primary identifier in Central Contractor Registration (CCR), (see FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)). Contractors are located and identified in CCR by their DUNS Number. Therefore, to facilitate payment, the DUNS number shall be recorded on every invoice submitted to the U.S. Coast Guard.)

B. An original invoice shall be submitted to the following designated office:

USCG, Commander

Surface Forces Logistics Center, C&PD2, LRE-PL

1301 Clay Street, Suite 800N

Oakland, CA 94612-5249

M/F: Contract No. HSCGXX-11-D-XXXXXX/Delivery Order No. HSCGXX-11-J-XXXXXX C. Inquiries regarding payment must be directed to the Customer Service Representative, Chesapeake, VA at (757) 523-6940.

G.2

PROGRESS PAYMENTS

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

B. The invoice amount should reflect the percentage and dollar amount of completion established by the cutter’s appropriate weekly progress report. Payments shall be derived from the accomplished percentage of completion as determined by the Contracting Officer.

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

D. The contractor shall be paid the remaining amount due upon completion and acceptance of all work under each Delivery Order.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1

EXERCISE OF OPTION (EXTENSION OF CONTRACT)

Under FAR Clause 52.217-9, Option to extend the Term of the Contract, the Government will give the contractor preliminary written notice of its intent to extend the term of the contract at least 60 calendar days before the contract expires. The U.S. Coast Guard may exercise its option(s), which includes all line items of the contract as modified up to the date, to extend the period of performance under this contract by sending written notice to the Contractor at least 30 calendar days before the contract expires.

Exercise of the optional year shall be subject to FAR 52.232-18, Availability of Funds, which is incorporated by reference in Section I.

H.2

OPTIONAL ITEMS UNDER A DELIVERY ORDER

Optional Items under a Delivery Order may be awarded if inspection reports reveal the necessity for activation, at the price quoted in the Contractor’s proposal and without any other consideration whatsoever.

However, after the expiration date for activation an optional item, the Contractor shall have the right to refuse to accept the award of such Optional Items.

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.3

GUARANTEED MINIMUM AMOUNT

The guaranteed minimum on this contract is $5,000.00.

H.4

TERM OF CONTRACT

The term of the Contract shall be from the time of award for a base period of 12 months and four (4) 12-month option periods (to be specified at time of contract award). The Government has the option to extend the term of the contract by one year by written notice to the Contractor in accordance with Clause 52.217-9, Option to Extend the Term of the Contract (MAR 2000). The Government shall give the Contractor a preliminary written notice of its intent to extend before the contract expires. The preliminary notice does not commit the Government to an extension. The total duration of this contract, including the exercise of any options shall not exceed five (5) years, and six (6) months.

H.5

DELIVERY ORDERS

(a) A delivery order is the contractual instrument issued by the Government to the Contractor to order work. Each individual delivery order becomes a fixed priced lump sum contract. Order for Supplies or Services Form, OF 347 will be issued for each delivery order. Delivery Orders will be mailed, emailed, or faxed, whichever is more expeditious. Issuance of the delivery order constitutes Notice to Proceed (NTP). Performance periods will be cited on each Delivery Order.

(b) Emergency work may be orally directed on a unilateral basis and followed-up in writing by issuance of the Delivery Order. The method for executing emergent work will be at the Contracting Officer’s discretion.

(c) Modifications to delivery orders may be required. Modifications are issued pursuant to specific standard clauses contained in the basic contract. If a modification to a delivery order is required, the Contractor shall submit a detailed proposal for the changes described in the work request in accordance with the following clause:

MODIFICATION PROPOSALS--PRICE BREAKDOWN

(1) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification.

(2) The price breakdown—

(A) Must include sufficient detail to permit an analysis of profit, and of all costs for—

(i) Material;

(ii) Labor;

(iii) Equipment;

(iv) Subcontracts; and

(v) Overhead; and

(B) Must cover all work involved in the work request, whether the work was deleted, added, or changed.

(3) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

(4) The Contractor's proposal shall include a justification for any time extension proposed.

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

(d) Quarterly Ordering. The Contractor shall provide a quarterly report to the Administrative Contracting Officer listing all delivery orders including modifications received under the contract during the reporting quarters. The report shall include: Contract number, delivery order number, cutter’s name and dollar value of each delivery order.

H.6

PROCEDURES FOR PLACING DELIVERY ORDERS UNDER MULTIPLE AWARD

CONTRACTS

1. GENERAL

a.

When the Government requires work under the contract, a Request for Quote (RFQ) or Request for Proposal (RFP) will be issued as appropriate. RFQ/RFP will normally be issued electronically by email but may be placed via mail, telephone, facsimile or other electronic means.

b.

Delivery Orders will be awarded on OF Form 347 (Order for Supplies or Services).

c.

The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs, except as authorized by duly executed Delivery orders.

d.

Each Delivery order shall include as a minimum:

(i) Date of order.

(ii) Contract number and order number.

(iii) Contract item number and description, quantity, and unit price or estimated cost.

(iv) Delivery or performance schedule.

(v) Place of performance.

(vi) Any packaging, packing, and shipping instructions.

(vii) Accounting and appropriation data.

(viii) Method of payment and payment office.

e.

Modifications to Delivery orders will be issued on Standard Form (SF) 30.

f.

Each Contractor is required to submit a reasonable number of good faith proposals for RFQ/RFPs. Contractors are not obligated to propose on all RFQ/RFPs, however, they are required to contact the Contracting Officer within two days of notification if they cannot submit an offer. Failure to provide this notification may impact future consideration for proposed delivery orders and exercise of an option.

2.

Orders under $3,000 – Orders will be placed with the Contractor as deemed appropriate by the Contracting Officer.

3.

Orders in excess of $3,000

The following procedures and criteria will be utilized; exceptions to these procedures are outlined in paragraph (c ) below:

(1) Written or oral proposals and criteria will be solicited from each awardee.

(2) If the order does not exceed the simplified acquisition threshold, each awardee under the contract need not be contacted if the Contracting Officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order, or one of the exceptions below applies.

(3) Each awardee will be provided a fair opportunity for each delivery order in excess of the simplified acquisition unless one of the exceptions below applies.

4.

EXCEPTIONS

Awardees need not be given an opportunity to be considered for a particular order in excess of $3,000 if the Contracting Officer determines that:

(i) The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays;

(ii) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

(iii) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or

(iv) It is necessary to place an order to satisfy a minimum guarantee; or

(v) A statute expressly authorizes or requires that the purchase be made from a specific source.

5.

REQUIREMENT FOR PROPOSALS

a.

Delivery orders will be firm fixed price with a specific completion date or performance period and clearly define the services to be performed. When Options are included in the Schedule, the Delivery order will specify the number of days after award for exercising the Options. All Delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a Delivery order and this contract, the contract will control, except as otherwise noted in the contract documents. The Government reserves the right to incorporate additional clauses, as appropriate, into individual Delivery orders solicitations and awards.

b.

The basis for award will be stated in the RFQ/RFP. Whenever possible, award will be made without discussions. If discussions are required, each contractor will be requested to provide a final proposal revision, unless eliminated from discussions through the establishment of a competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

c.

Delivery order projects will be varying in size and complexity.

d. Price: Each Request for Quote (RFQ)/Request for Proposal (RFP) proposed delivery order will indicate the detail of pricing information to be provided.

6.

SELECTION CRITERIA

One or more of the following criteria in addition to Price may be considered when contractors compete for award of a Delivery order:

Technical proposals, if required, may address but is not limited to one or more of the following factors:

(a) Past performance on earlier orders under the contract, including quality, timeliness and cost control.

(b) Special expertise/experience

(c) Potential impact on other orders placed with the contractor

(d) The contractor's technical understanding of the work.

(e) The Contractor’s capacity to accomplish the work and other ongoing work simultaneously.

Past performance, quality, timeliness, special expertise or other factors the Contracting Officer determines are relevant to award of a particular Delivery order may be considered. Timely performance by a contractor is very important. Failure to prosecute the work diligently on a currently awarded Delivery order will be cause for the Contracting Officer not to include the contractor in the competitive fair-opportunity pool for future Delivery orders. When the contractor’s delinquency has been corrected, they will be considered for competition in future Delivery Orders.

H.7

ADDITIONAL WORK

A.

If the need for additional work develops, the Contractor must obtain authority orally or in writing from the Contracting Officer before proceeding with such work.

B.

To the extent requested by the Contracting Officer, the Contractor shall prepare and submit written proposals for proposed change orders, which may be required to include:

A complete breakdown of labor hours and costs by labor category and phase of work as identified by the Contracting Officer;

A complete breakdown of material costs showing material required, source (with point of contact), part number, unit and extended cost and contractor’s material handling costs.

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

C.

The contractor shall submit written proposals and breakdown to the Contracting Officer via facsimile or e-mail Wilma.L.Estrada@uscg.mil.

H.8

COMPOSITE LABOR HOUR RATE FOR CONTRACT CHANGES

1.

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

2.

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

Supervision Quality Assurance

Planning Engineering

Surveyors Worker Transit Time

Material Handling Testing

Cleaners Guards

Estimating Contract Administration

3.

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

4.

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

5.

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

H.9

SECURITY REQUIREMENTS

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

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

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

H.10

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 $500,000.00.

(2) Comprehensive general liability insurance to insure the risks described in HSAR 3052.217-95 Liability and Insurance (DEC 2003), in the amount of $500,000.00 on account of any one accident or occurrence with respect to each cutter, boat and barge upon which work is to be performed under this solicitation and the contract resulting there from;

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

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

B.

As evidence that he has obtained the insurance specified in this schedule, the contractor shall furnish the contracting officer with a certificate or certificates executed by an agent of the insurer authorized to execute such certificates. Such certificate shall be furnished before commencement of work.

Each certificate shall state that (NAME OF INSURER) has insured (NAME OF CONTRACTOR), in accordance with the Liability and Insurance clause and the Insurance Requirements clause contained herein. Each certificate shall set forth that each policy of insurance represented thereby will expire on (DATE) and that each such policy contains the following clause:

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

C.

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

H.11

WELDING CERTIFICATIONS AND QUALIFICATIONS

This contract may contain welding line items as either Definitive or Optional Items. With his/her proposal the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), and MLCA/SFLC Standard Specification 0740_STD. Subsequent to contract award, the Government will require the contractor to submit applicable certifications and qualifications for any welding to be performed on any proposed change request.

H.12

CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR)

(a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the Government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 30 days to respond to the SLFC’s assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system.

(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.

(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.

SECTION I – CONTRACT CLAUSES

I.1

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

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

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

DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION (48 CFR Chapter 30) CLAUSES:

I.2

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(JAN 2011) ALT. I (JAN 2011)

(a)(1) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

I.3

FAR 52.216-18 Ordering (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 the award date of the delivery order through the end of the performance period specified on the delivery order.

(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 and this contract, the contract shall control.

(c) If mailed, a delivery 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.

I.4

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 ____$500.00____ 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 ___$1M___

(2) Any order for a combination of items in excess of __$1M____________ or

(3) A series of orders from the same ordering office within ___5_________ 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 __5__ 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.

1.5

52.216-22 INDEFINITE QUANTITY (APR 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 September 2016.

I.6

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within seven (7) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

I.7

FAR 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

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

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

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

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

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

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

I.8

HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUN 2006)

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

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat.

2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

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

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

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

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

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

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

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

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

SECTION J - LIST OF ATTACHMENTS

The following are attached as part of this solicitation:

J.1 Specifications for the Dockside Services for CGC RUSH are posted at www.fedbizopps.gov and maybe accessed by registered contractors.

J.2 Contractor’s Request for Clarification Form (DEADLINE TO SUBMIT REQUEST FOR CLARIFICATION: 15 JULY 2011 at 2:00 P.M., Pacific Time).

J.3 To obtain Coast Guard Drawings for this procurement submit a request via email to Wilma.L.Estrada@uscg.mil J.4 Technical Evaluation Criteria

J.5 Section B – Schedule of Prices (for the sample Delivery Order).

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF OFFERORS

K.1

FAR 52.204-8 Annual Representations and Certifications (May 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 336611.

(2) The small business size standard is 1000 employees.

(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:

[_] (i) Paragraph (d) applies.

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

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(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) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

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

(vii) 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.

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

(ix) 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.

(x) 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.

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

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the…