Solicitation(SchedA-M)(12RP45A83).doc

CGC BLAKE (WLM 563)

HSCG85-12-R-P45A83

NOTICE TO OFFERORS

1.

This is a geographically unrestricted, negotiated best value procurement reserved for small business concerns.

2.

A Definite Work Item, Firm Fixed-Price supply contract is anticipated for award. Several Optional Work Items are included in the package that may be awarded during the performance period. Place of performance will be the vessel’s homeport at NAVSTA Everett.

3.

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

4.

In addition to the general requirement to submit a written proposal, offerors must also ensure completion of all applicable sections of this solicitation, with particular attention paid to Sections B, J, K, L and M. Offerors are advised of the requirement to submit in writing a pre-award drydocking certification as required by SFLC Std Spec 8634, Paragraph 3.2.1 and 3.4.1.1 and to provide pre-award calculations, as required by SFLC Std Spec 8634, Paragraph 3.4.1.2 and Appendix A, A2.1 and as defined by paragraph A2.4.

5.

See Section L.2 for ship check opportunities.

6.

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

7.

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

8.

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

9.

All questions shall be directed only to the following individual(s):

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

James.S.Altice@uscg.mil TECHNICAL REFERENCE PACKAGE WILL BE PROVIDED ON COMPACT DISK AND MAILED OVERNIGHT UPON REQUEST.

Please make arrangements with the individuals in para. 9 above.

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

Page of Pages

HSCG85-12-R-P45A83

4. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

FORMCHECKBOX

NEGOTIATED (RFP

5. DATE ISSUED

13 APR 12

6. REQUISITION/PURCHASE NO.

21-12-852P45A83

7. ISSUED BY

CODE

COMMANDER

SURFACE FORCES LOGISTICS CENTER C&P2

1301 CLAY ST. STE 807N

OAKLANC, CA 94612-5217

JIM ALTICE

NESU SEATTLE BLDG 3

1519 ALASKAN WY. S.

SEATTLE, WA 98134

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

SOLICITATION

9. Sealed Offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if Handcarried, in the depository located in BLDG 3 until 11:00 a.m. local time 15 May 2012_

(Hour)

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

INFORMATION

CALL:

NUMBER

217-6815

11. TABLE OF CONTENTS

PARTIII – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

OFFER

(Must be fully completed by offeror)

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

15A.NAME

AND

ADDRESS

OF

OFFEROR

CODE

FACILITY

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

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE – ENTER SUCH ADDRESS IN SCHEDULE

EXT

AWARD (To be completed by Government)

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

FORMCHECKBOX

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

FORMCHECKBOX

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

23. SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise pecified)

See Block 7

24. ADMINISTERED BY (If other than Item 7)

CODE

25. PAYMENT WILL BE MADE BY

CODE

COMMANDING OFFICER

USCG FINANCE CENTER, 1430 KRISTINA WAY

CHESAPEAKE, VA 23326-1224

(Signature of Contracting Officer)

28. AWARD DATE

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33

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

SECTION B: SUPPLIES OR SERVICES AND PRICES

The offeror is to submit all pricing on the Attachment J.2 electronic Section B (see Section L).

SECTION C - DESCRIPTION AND SPECIFICATION

C.1

DESCRIPTION OF WORK:

The scope of this procurement is to accomplish, under the direction of the Contracting Officer, U.S. Coast Guard Surface Forces Logistics Command (SFLC), execution of “USCGC BLAKE (WLM 563) 175 FOOT COASTAL BUOY TENDER SPECIFICATION FOR DOCKSIDE REPAIRS 2012”, provided as Attachment J.1 to this solicitation. The cutter is homeported at NAVSTA Everett.

SECTION D - PACKAGING AND MARKING

Packaging and Marking is indicated in the specifications.

SECTION E - INSPECTION AND ACCEPTANCE

E.1

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

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

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

FAR 52.246-2

Inspection of Supplies -- Fixed-Price

(AUG 1996)

HSAR 3052.217-100

Guarantee

(JUN 2006)

E.2

THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY

FOR CONTRACT ADMINISTRATION

A.

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

B.

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

C.

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

D.

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

E.3

PLACE OF ACCEPTANCE

Acceptance of all deliverable items will take place at the place of performance after completion of 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. The full text of a clause may be accessed electronically at the following address: http://farsite.hill.af.mil/VFFARa.htm

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

FAR 52.242-15

Stop-Work Order

(AUG 1989)

FAR 52.247-34

F.O.B. Destination

(NOV 1991)

F.2

GOVERNMENT PROPERTY

The Government Furnished Property to be utilized during performance of this contract has an estimated value of $340,602.00 and is listed in Attachment J.1. The vessel itself is considered Government Property. The Government Furnished Property Administrator for this contract will be the COTR.

F.3

PLACE OF PERFORMANCE

The place of performance shall be the contractor’s facility.

F.4

PERIOD OF PERFORMANCE

The period of performance shall be as follows:

Commencement Date:

08/07/12

Completion Date:

09/14/12

Note: there are relational milestones and deadlines embedded in the specification (Attachment J.1).

SECTION G - CONTRACT ADMINISTRATION DATA

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

Jim Altice Surface Forces Logistics Command Contracts and Procurement Branch 2 1519 Alaskan Way S.

Seattle, WA 98134

(206) 217-6815 James.S.Altice@uscg.mil G.1

INVOICING REQUIREMENTS—FIRM FIXED PRICE

(a) N/A (b) Each invoice shall contain the following information:

(1) Contract or Delivery/Task Order Number

(2) Name of the Contract Specialist or Contracting Officer

(3) Invoice Routing Code (IRC) assigned by the Coast Guard

(4) Annotate on the invoice (if applicable) that the contractor is certified as a small business for accelerated payment purposes.

(c) The Coast Guard unique Invoice Routing Code (IRC) for this contract or delivery/task order is: SFLC-2

(d) Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference:

(1) FINCEN Website invoice receipt form: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(2) Fax: (757-523-6900)

(3) Mailed to:

Commercial Invoices

U.S. Coast Guard Finance Center

1430A Kristina Way

Chesapeake, VA 23326

(e) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe .pdf formatted file, or as otherwise specified in the contract.

(f) Supporting documentation along with a courtesy copy of the invoice may also be e-mailed to the Contract Specialist and/or COTR at the addresses cited below james.s.altice@uscg.mil

(g) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.

(5) Payment inquiries and status may be obtained - at the following website: https://www.fincen.uscg.mil/secure/payment.htm

G.2

PROGRESS PAYMENTS

a.

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

b.

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

c.

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

d.

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

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1

EMERGENT WORK

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

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

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

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

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

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

H.2

COMPOSITE LABOR HOUR RATE FOR CONTRACT CHANGES

a.

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 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 (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; profit; 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 Hours Rate shall include the cost of the support functions 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

Planning

Engineering

Surveyors

Worker Transit Time

Material Handling Testing

Cleaners

Guards

Estimating

Contract Administration 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 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

HSAR 3052.217-94 LAY DAYS (DEC 2003) NOT APPLICABLE

H.4

INSURANCE REQUIREMENTS

a.

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

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

2) Comprehensive general liability insurance to insure the risks described in HSAR 3052.217-95 Liability and Insurance (DEC 2003), in the amount of $300,000.00 on account of any one accident or occurrence with respect to each 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 applicable State Workmen's Compensation law; and

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

b.

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

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

c.

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

H.5

ACCESS TO VESSEL

a.

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

b.

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

H.6

OPTION WORK ITEMS

The Contracting Officer may unilaterally exercise any or all of the optional work items at the prices specified in Section B within 10 calendar days after the condition found report documenting the pertinent system is received by the Contracting Officer’s Technical Representative. If no condition found report is required, optional work item exercise will take place within 15 calendar days after the vessel is drydocked.

Contract award will be made for Definite Items. Contract award may include optional work items. The evaluation of optional work items for award does not guarantee that the Government will order any optional work items. All optional work items shall be exercised at the sole discretion of the Government.

H.7

CONTRACTOR PERFORMANCE EVALUATION

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

· Technical (Quality of Product)

· Schedule

· Management

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

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

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

· Satisfactory (formerly Green): Performance meets contractual requirements.

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

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

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

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

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

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

SECTION I - CONTRACT CLAUSES

I.1

FAR 52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

for Illegal or Improper Activity

(JAN 1997)

I.2

HOMELAND SECURITY ACQUISITION REGULATION (48 CFR 30) CLAUSES:

HSAR

CLAUSE

Regulations For Ship Repairing

(DEC 2003)

I.3

CLAUSES PROVIDED IN FULL TEXT:

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011)

(a) 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 .

(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.

SECTION J - LIST OF ATTACHMENTS

The following are attached as part of this solicitation:

Attachment J.1 USCGC HENRY BLAKE (WLM 563)175 FOOT COASTAL BUOY TENDER SPECIFICATION FOR DOCKSIDE REPAIRS 2012 (Rev-0, 21 February 2012) Attachment J.2 Electronic Section B (MSExcel 97-2003 worksheet) Attachment J.3 Offeror’s Request for Clarification (1 page)

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 1)

SOLICITATION PROVISIONS

K.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. 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. The full text of a solicitation provision may be accessed electronically at the following address: http://farsite.hill.af.mil/VFFARa.htm

K.2 (See Section I.1 FAR 52.204-7 and ensure registration and currency of data in CCR) K.3

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 1,000employees.

(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 $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 solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 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.

(xiv) 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.

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

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

(xvii) 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.

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

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran—Certification. This provision applies to all solicitations.

(xxi) 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:

___ (i) 52.219-22, Small Disadvantaged Business Status.

___ (A) Basic.

___ (B) Alternate I.

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

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

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

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

___ (vi) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (vii) 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.

(End of Provision)

K.4 52.209-7 Information Regarding Responsibility Matters (JAN 2011)

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).

“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).

(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 post 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).

K.5 LOCATION OF OFFEROR’S COMMERCIAL SHIPYARD (CGAP SUBCHAPTER 3014.201-890)

In order for the Contracting Officer to evaluate certain foreseeable costs to the Coast Guard that will vary with the location of the commercial shipyard to be used by the offeror as further defined in Section M, Evaluation Factors for Award, the offeror is required to provide in the space below the exact location of the shipyard to be used to perform the services required under this solicitation. The offeror is cautioned that its failure to provide the location of its commercial shipyard in the space provided above may result in its bid being declared nonresponsive under the provisions of an Invitation for Bids or its proposal being declared deficient under the terms of a Request for Proposal.

Name of Shipyard

Address of Shipyard

City, State, Zip Code

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1

FAR 52.252-1 CLAUSES 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. 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. The full text of a solicitation provision may be accessed electronically at the following address: http://farsite.hill.af.mil/VFFARa.htm

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

L.2

INSPECTION OF CUTTER & PLACE OF PERFORMANCE

a. All prospective Offerors are urged to visit CGC BLAKE and become acquainted with location of items, fixtures, interferences, layout and general condition of the vessel. The BLAKE will be available for inspection at its homeport at NAVSTA Everett during the solicitation phase of this procurement. Please make arrangements with the ship’s engineering officer, EMCS Braiden Allen at:

(425) 304-5740 (ship’s main switchboard), or

Braiden.A.Allen@uscg.mil

b. Failure to inspect the vessel will not relieve offerors from responsibility for properly estimating the difficulty or cost of successfully performing the work.

c. The Government assumes no responsibility for any representations concerning conditions made by any of its officers, agents or employees before execution of the contract unless included in the solicitation, documents incorporated therein or amendments thereto.

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,…