USCGCWLBWLMPAINTFY123.doc

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USCGC JUNIPER (WLB-201)

DRYDOCK REPAIRS

NOTICE FOR FILING AGENCY PROTESTS

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

Interested parties are encouraged to seek resolution of their concerns within the Coast Guard as an Alternative Dispute Resolution (ADR) forum, rather 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 that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the Coast Guard Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting 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 at FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be forwarded to the address below:

Commandant (CG-9131) U.S. Coast Guard Headquarters Procurement Planning & Oversight Division 1900 Half St. SW, JR11-0203 Washington, DC 20593 Telephone: (202) 372-3692

Fax: (202) 475-3904

Surface Forces Logistics Center

CPD/C&P2/IBCT

300 East Main Street, Suite 600

Norfolk, VA 23510

REQUEST FOR QUOTATION

HSCG85-12-R-P45RL6

USCGC WLB/WLM TOP & BILGE PRESERVATION

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG85-12-R-P45RL6

6. SOLICITATION

ISSUE DATE

(757) 628-4654

8. OFFER DUE DATE/ LOCAL TIME

9. ISSUED BY CODE 75174

USCG, Surface Forces Logistics Center

Attn: SANDRA MARTINEZ

CPD-C&P2/IBCT

300 E Main Street, Suite 600

Norfolk, VA 23510-9102 E-mail: sandra.a.martinez@uscg.mil

10. THIS ACQUISITION IS UNRESTRICTED OR

SET ASIDE 100% FOR:

SMALL BUSINESS WOMEN-OWNED SMALL

XX HUBZONE SMALL BUSINESS (WOSB)

BUSINESS

FORMCHECKBOX

SERVICE DISABLED ECONOMICALLY DISADVANTAGED

VETERAN-OWNED WOMEN-OWNED SMALL BUSINESS

SMALL BUSINESS

FORMCHECKBOX

8(A)

NAICS: 336611

SIZE STANDARD 1,000

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

FORMCHECKBOX

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

DO-A3

14. METHOD OF SOLICITATION

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

See Description of Supplies/Services

16. ADMINISTERED BY CODE

Same as block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

DUNS No.

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE USCG Finance Center

1430A Kristina Way

Chesapeake, VA 23326

FORMCHECKBOX

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED FORMCHECKBOX

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

FORMCHECKBOX

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 & 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

FORMCHECKBOX

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

FORMCHECKBOX

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE (1) COPY TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

FORMCHECKBOX

29. AWARD OF CONTRACT: REFERENCE

OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SINGATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

FORMCHECKBOX

RECEIVED

FORMCHECKBOX

INSPECTED

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

36. PAYMENT

FORMCHECKBOX

COMPLETE

FORMCHECKBOX

PARTIAL

FORMCHECKBOX

FINAL

37. CHECK NUMBER

FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42 a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

CONTINUATION OF SF 1449 – BLOCKS 17a – 25

SOLICITATION INTENTIONS

The purpose of this contract/solicitation is to solicit a Topside & Bilge Preservation Multiple-Award Contract. The Contractor will perform topside & bilge preservation (paint) maintenance for the U.S. Coast Guard WLB and WLM cutters stated in the contract/solicitation. Initial contracts will be competitively solicited and awarded nationally. All orders will be solicited on a competitive basis among the awarded firms, except for emergent work which may be ordered on a sole source basis. Awards will be restricted to qualified HUBZone firms. We intend to award multiple contracts. The Topside & Bilge Preservation (paint) ceiling will be $5 million ($3 million aggregate ceiling per year). Contractor selection will be based on Best-Value source selection (price and past performance).

In order to be selected for award, offerors will be required to submit a proposal consistent with the requirements of the solicitation. It is the offerors’ responsibility to insure their proposal meets all of the requirements stated in the solicitation. Failure to provide all necessary information may result in a proposal being rejected or not receiving full consideration since the Government reserves the right to award a contract based upon initial proposals and without negotiations.

The Government intends to make multiple awards of this topside & bilge preservation contracts for one base year with 4 one-year option periods.

Consistent with FAR 15.305(a)(2) Past Performance will be an important part of the evaluation. Offerors shall be provided the opportunity to identify past or current contracts for efforts similar to the Government requirements. Offerors are invited to provide the submission of information as required to the Contracting Officer prior to the date required. Early submission of this information will provide the Government with a better opportunity to contact sources and obtain essential information. If the offeror elects to provide this information prior to the closing date for the submission of offers, please provide this information to the Contracting Officer at the below listed address or email to sandra.a.martinez@uscg.mil. Please clearly mark the envelope as containing information referencing the solicitation number and name of this procurement.

All questions will be directed to the Contracting Officer, at (757) 628-4591, fax (757)628-4675/4676, email: sandra.a.martinez@uscg.mil.

SECTION B

SCHEDULE OF SERVICES AND PRICE/COST

The Contractor’s price shall be all-inclusive to provide for all labor, material, supplies, supervision, and all other necessary items for a complete and usable project performing all work in a workman like manner in complete compliance with all the specifications that are contained in the solicitation.

(1) B.1 SECTION B PROJECT – TOPSIDE AND BILGE PRESERVATION (PAINT) FOR THE WLB/WLM CUTTERS. THE SECTION B PROVIDED WILL BE USED FOR EVALUATION PURPOSES ONLY. NOTE: THE CLINS ARE ITEMS THAT MAY BE ISSUED ON INDIVIDUAL DELIVERY ORDERS.

TOTAL PROPOSED PRICE B.1: $___________________

(price for evaluation purposes only)

(1) Block 17a: Contractor shall include DUNS number.

(2) Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in Central Contractor Registration (CCR). To receive award Contractor must be registered in Central Contract Registration (CCR) http://www.ccr.gov.

(3) Block 19 through 24: SEE SCHEDULE OF SUPPLIES/SERVICES BELOW.

(4) Block 25: ACCOUNTING AND APPROPRIATION DATA: To be included on task order document.

DESCRIPTION OF WORK:

(a) The Contractor shall furnish all necessary labor, material, services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified, to perform topside & bilge preservation for various Coast Guard vessel, in accordance with this solicitation and attached specifications.

(b) Failure to read the specifications in their entirety will not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the risk of the offeror.

(c) Each offeror shall furnish the information required by the solicitation.

GEOGRAPHICAL RESTRICTION: THE VESSEL HOMEPORT or location designated on the Order in which vessel’s is moored at (will be identified on Order). The vessel’s homeports are as follows:

CGC JUNIPER (WLB 201) - NEWPORT, RI

CGC WILLOW (WLB 202) – NEWPORT, RI

CGC ELM (WLB 204) - ATLANTIC BEACH, NC

CGC CYPRESS (WLB 210) - MOBILE, AL

CGC OAK (WLN 211) - CHARLESTON, SC

CGC HOLLYHOCK – (WLB 214) PORT HURON, MI

CGC ALDER (WLB 216) DULUTH, MN

CGC IDA LEWIS (WLM 551) NEWPORT, RI

CGC KATERINE WALKER (WLM 552) BAYONNE, NJ

CGC ABBIE BURGESS (WLM 553) ROCKLAND, ME

CGC MARCUS HANNA (WLM 554) SOUTH PORTLAND, ME

CGC JAMES RANKIN (WLM 555) BALTIMORE, MD

CGC JOSHUA APPLEBY (WLM 556) ST. PETERSBURG, FL

CGC FRANK DREW (WLM 557) PORTSMOUTH, VA

CGC BARBARA MABRITY (WLM 559) MOBILE, AL

CGC WILLIAM TATE (WLM 560) PHILADELPHIA, PA

CGC HARRY CLAIRBORNE (WLM 561) GALVESTON, TX

CGC MARIA BRAY (WLM 562) ATLANTIC BEACH, FL

INDEFINITE QUANTITY CONTRACT - An award of indefinite quantity contract shall be made for the WLB/WLM TOPSIDE & BILGE PRESERVATION.

(a) The contract performance period shall be as follows:

BASE YEAR – One year from effective award date; with four option years if exercised.

(b) Orders shall be placed by Delivery Orders when needed using the pre-price amounts in the Section B. The order(s) shall be placed approximately five (05) days prior to when services are needed.

General Contract Information.

This Indefinite Delivery/Indefinite Quantity (IDIQ) topside & bilge contract has no fixed unit prices. This contract provides for the award of individual orders defined hereinafter as “Delivery Orders”, for the accomplishment of various projects for the U.S. Coast Guard nationwide. Each delivery order will be awarded separately based on the criteria set in the request for proposal for each order. Some orders may be awarded by price alone, while others may include other factors such as past performance, quality of deliverables, ability to meet schedule requirements, relevant experience, and cost control. Each delivery order awarded shall include all labor wages, management, supervision, mobilization, quality assurance material and equipment costs. The contractor shall furnish all project management, planning, estimating, labor, transportation materials, equipment, tools, supervision, design and all other associated costs necessary to fulfill the requirements of the Delivery Order to support the activities in the Specification. The Request for Proposal and Delivery Order will state the period of performance.

CONTRACT CLAUSES:

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FEB 2012) ADDENDUM

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Branch Chief, CPD, C&P2 and shall not be binding until so approved.

FAR 52.209-7 - INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

(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 [_] has [_] 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 https://www.acquistion.gov (see 52.204-7) (End of provision)

FAR CLAUSE 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by the issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract effective date through any subsequent option period, if exercised by the government.

(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 of authorized in the Schedule.

(END OF CLAUSE)

FAR CLAUSE 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered under 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 $100,000.00

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 5 days together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirement 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.Not withstanding paragraph(s) (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.

(END OF CLAUSE)

FAR CLAUSE 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 2 June 2012 of the base year or 2 June of any subsequent option periods, if exercised by the government; unless an extension of performance is exercised under FAR 52.217-8 (End of clause)

FAR CLAUSE 52.217-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.(End of Provision)

OPTIONAL ITEMS UNDER A DELIVERY ORDER

Optional Items under an awarded 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.

GUARANTEED MINIMUM AMOUNT

The guaranteed minimum in this contract is $500.00

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.

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

(a) 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.

(b) The price breakdown—

(1) 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

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

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

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

(f) 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.

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.

(iv) Place of performance.

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

(vi) Accounting and appropriation data.

(vii) 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 $3000 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 $3000 if the Contracting Officer determines consistent with FAR 16.505(B)(2) 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.

FAR CLAUSE 52.217-8 – OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the contractor any time prior to contract expiration.

(END OF CLAUSE)

FAR 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM (MAR 1989) - VARIATION

The Government may require the performance of the numbered line items, identified in the Schedule as option items, at the unit prices stated in the Schedule. The option quantities shown in the Schedule are estimates only. The Government has the right to require performance of these items at the quantities deemed necessary. Therefore, the Government may exercise an option item on more than one occasion during the contract performance period. The Contracting Officer will provide initial notification of the exercise of an option either verbally, by facsimile, or both. When time is of the essence, initial notification will be provided verbally followed within 24 hours by a facsimile of confirmation. A contract modification will be executed shortly thereafter to include those options wherein exercise notification was provided. Such options may be exercised at any phase during the contract performance period as stated herein, or any extension of the performance period. To maintain the contract performance period the Contractor shall commence performance of an option item immediately upon receiving initial notification; but, not later than 24 hours thereafter, unless proper sequencing of the work requires a delay in beginning performance of the option. In that case, the option item shall be commenced as soon as proper sequencing permits. The exercise of any option item listed in the Schedule will not normally extend the contract performance period. However, the Contracting Officer may consider a request by the Contractor for contract extension if an option is exercised after 50% of the contract performance period has expired.

(End of Clause)

FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond the Base Year. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the Base Year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

FAR 52.246-4 -- INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of Clause)

HSAR 3052.209–70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for at least 80 percent each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73;__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.(End of provision)

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 this address: http://www.arnet.gov/far/index.html

Alternate I (JUL 1995)

Permits (JUN 2006)

VOLATILE ORGANIC COMPOUNDS (VOC) REGULATIONS:

(a) Contractors are required to comply with federal, state and local VOC compliance laws and regulations. Among other requirements, certain Contractors may also be required to operate pursuant to a Title V permit. The need for such a permit will depend on the provisions of the applicable state’s “State Implementation Plan” (SIP) and the type/quantity of the Contractor’s regulated emissions, including VOCs. Certain SIPs may also mandate certain Contractors to operate under the terms of a compliance plan intended to reduce VOC emissions.

(b) Contractors, therefore, must submit the following to the designated NESU Port Engineer not later than two weeks after contract award:

1) Copies of any federal, state or local permits required and applicable to the use or application of VOCs at Contractor’s facility or offsite work places;

2) Copies of any compliance plans required and applicable to the use or application of VOCs at Contractor’s facility or offsite work places.

(c) If no federal, state or local permits or compliance plans are required and applicable to the use or application of VOCs at Contractor’s facility or offsite workplaces, the Contractor shall submit to the designated NESU Port Engineer a letter, notarized under oath, that such documents are not required.

(d) Contractors will submit the following to the designated NESU Port Engineer not later than two weeks after contract award: Data Sheets (MSDS) documents, certificates, specifications or any other manufacturing data verifying the VOC ratings of paints to be applied to the Cutter in accordance with SFLC Standard Spec 0000, Section B2.2.6.

REQUIRED INSURANCE:

The Contractor shall, at its own expense, procure and maintain the following kinds of insurance with respect to performance under the contract. In accordance with HSAR 3052.228-70, Insurance (DEC 2003), the Contractor shall furnish the Contracting Officer with proof of insurance for the duration of the contract, including:

1. Ship Repairer's Liability - $500,000 per occurrence.

2. Comprehensive General Liability - $500,000 per occurrence.

3. Full insurance coverage in accordance with the United States’ Longshoremen's and Harbor Worker's Act.

4. Full insurance coverage in accordance with the State's Workmen's Compensation Law (or its equivalent) for all places of performance under this contract.

The insurance certificate must provide the name of the US Coast Guard vessel and the contract and/or solicitation number as specifically insured.

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.

GROWTH WORK

(a) The Contractor shall not perform growth work without the Contracting Officer's authorization. Growth work is work within the scope of the contract, which has not been previously priced as a pre-priced CLIN. The Contracting Officer reserves the right to contract for growth work on the basis of a negotiated, firm, fixed price, when it is in the best interest of the Government. If a firm-fixed price contract is awarded, and during the performance period a repair within scope is identified but the Contracting Officer and Contractor are unable to agree on the cost of the work, a bilateral modification may be incorporated into the contract using a Time and Materials modification for this specific repair. In this situation, FAR 52.212-4, Alternate I will be incorporated.

(b) The Contractor shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer, of any proposal submitted for a contract modification. Unless otherwise directed, the breakdown shall be submitted on an SFLC 002 proposal form provided at the arrival conference permitting an analysis of all materials, labor, equipment, subcontract, overhead costs, and profit covering all work involved in the change/modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the proposal includes a request for a time extension, justification shall be furnished with the proposal.

(c) This clause is to be used in conjunction with the clause COMPOSITE LABOR RATE incorporated into this solicitation. The Contractor is required to have and/or furnish all tools and equipment incidental to each bench trade. Supplies such as wiping rags, hacksaw blades, sandpaper, welding wire, helium, etc., are also to be furnished by the Contractor. Other materials are to be charged at regular rates and prices currently in effect and as agreed to by the Contracting Officer. Material shall be best commercial quality available except where a precise specification is indicated in which case the specification shall apply, e.g., MILSPEC, FEDERAL SPEC.

COMPOSITE LABOR RATE:

The composite labor rate offered shall be the sole labor hour rate used to price the Prime Contractor's direct labor hours for contract changes, i.e. growth work. The Contractor shall not receive any compensation in addition to this rate for the Prime Contractor's direct labor associated with such changes under this contract.

(a) The composite labor hour rate shall represent total compensation for the following:

(1) direct labor wages and salaries;

(2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;

(3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;

(4) all indirect costs such as overhead and general and administrative expense;

(5) any port or association fees, rents, or other levies;

(6) profit (fee); and

(7) all direct and indirect costs and profit associated with the following support functions:

Supervision and Management Planning and Estimating

Material Handling Housekeeping

Engineering Transportation/Drivers

Quality Assurance Contract Administration

Security Testing

(b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated.

(c) The Quantity of Composite Labor hours indicated in the Schedule of Supplies/Services, is only an estimate and is an Optional Item pursuant to this solicitation. The Estimated Quantity represents the Government’s best estimate of the total number of additional hours that may be required throughout the contract. The Government may elect to exceed this value at the prices stated in the schedule and its discretion during performance of the contract. The inclusion of this item does not obligate the Government to exercise the item nor entitle the Contractor to compensation if not exercised.

MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT PROPERTY IN THE PERFORMANCE OF A SHIP REPAIR CONTRACT

1. The Government Property Clause incorporated by reference delineates the Contractor's overall responsibility when taking possession of Government property in performance of a contract. In performance of this contract the Contractor will be required to properly identify, track and control property within its possession. This includes, a) property furnished by the Government (GFP) to the Contractor in conjunction with specific CLIN Items. These items and their values are listed in the specification, b) property that is pre-existing in a location that during the course of performance will be replaced or renewed.

2. The items listed in the specification, as Government furnished…