3_Solicitation_Pkg_(IDIQ).doc

Request for Proposal

Solicitation No. HSCG85-13-R-P45002 Indefinite Delivery Indefinite Quantity (IDIQ) Dockside Repairs of San Francisco Bay Area and San Diego CGC CUTTERS

NOTICE TO OFFERORS: Offerors must complete and submit all applicable items of this solicitation, with particular emphasis on Price Schedule, contract clauses, and FAR 52.212-3 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEM (Apr 2012)

DESCRIPTION OF WORK

The contract(s) awarded as a result of this solicitation is for dockside repairs for the following Coast Guard vessels home moorage in the San Francisco Bay Area and San Diego, CA:

a. Long Range Enforcer (LRE) WMSL Cutters in Alameda, CA: CGC BERTHOLF, CGC WAESCHE, and CGC STRATTON

b. Long Range Enforcer (LRE) WHEC in San Diego, CA: CGC BOUTWELL and CGC SHERMAN

c. Icebreaker, Buoy & Construction Tender Cutters(IBCT): CGC ASPEN, CGC George Cobb Delivery orders may be issued for casualty repairs of other Coast Guard cutters. All work will be performed in the cutter’s respective home moorage Alameda, CA or San Diego, CA.

(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 offeror 's risk. All proposals submitted in response to this solicitation shall stand firm for 60 calendar days from the response date of this solicitation.

ALL CONTRACTORS ARE RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR PROPOSALS.

SCHEDULE OF ITEMS - SUPPLIES AND SERVICES - PRICES

B.1

SCHEDULE OF PRICES

B.2

COMPOSITE LABOR HOUR RATE APPLICABLE TO CONTRACT CHANGES

The following labor hour rate shall be used in pricing all contract changes in accordance with the clause entitled “COMPOSITE LABOR HOUR RATE FOR CONTRACT CHANGES.”

LABOR HOUR RATE

ESTIMATED QUANTITY

1129 Hours

EXTENDED AMOUNT

NOTE: The estimated quantity and extended amount indicated above are for evaluation of proposals only. The quoted rate will apply to all changes involving additional work under this contract regardless of the actual total hours required.

CONTRACT CLAUSES

(1) FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (Feb 2012)

ADDENDUM

(2) 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.

(End of Clause)

(3) FAR 52.232-18 AVAILABILITY OF FUNDS (Apr 1984) Funds are not presently available for this contract. The Government’s obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(4) 52.232-99, Providing Accelerated Payment to Small Business Subcontractors

(DEVIATION) (AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(End of Clause)

(5) 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

(6)

THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT ADMINISTRATION

A.

Contracting Officer: No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The Contracting Officer may delegate certain technical responsibilities to a technical representative.

B.

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

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

C.

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

D.

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

(7)

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 delivery order resulting from this solicitation.

(8)

PLACE OF ACCEPTANCE

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

(9)

PERIOD OF PERFORMANCE

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

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

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

(10)

PLACE OF PERFORMANCE

All work will be performed onboard the cutter in Alameda, CA or San Diego, CA.

(11)

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 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, then Contractor shall submit to the designated Port Engineer a letter, notarized under oath, that such documents are not required.

(d) Contractors will submit the following to the designated 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 MLCA Standard Spec 63000N, Section 5.3.1.

(12) FAR 52.216-18 Ordering (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. Such orders may be issued from the award date of the delivery order through the end of the performance period specified on the delivery order.

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

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

(13) FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ____$500.00____ the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of ___$1M___

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

(3) A series of orders from the same ordering office within ___5_________ days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __5__ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(14)

52.216-22 INDEFINITE QUANTITY (APR 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after November 2017.

(15)

OPTIONAL ITEMS UNDER A DELIVERY ORDER

Optional Items under a Delivery Order may be awarded if inspection reports reveal the necessity for activation, at the price quoted in the Contractor’s proposal and without any other consideration whatsoever. However, after the expiration date for activation an optional item, the Contractor shall have the right to refuse to accept the award of such Optional Items.

Such award refusals shall bar neither the Government nor the Contractor from subsequently negotiating with each other for performance of the work embodied in the refused Optional Item/s.

Optional items shall be awarded by written notice to the Contractor through issuance of a contract modification (SF-30). Transmission of the SF-30 notice of exercise to the contractor via FAX is authorized; for purposes of determining the exact time of FAX transmission, the time, date, and year of transmission automatically applied to the FAX and/or the FAX transmission record of transmission at the contracting office shall govern. Evaluation of the Optional items will not obligate the Government.

(16)

GUARANTEED MINIMUM AMOUNT

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

(17)

EXERCISE OF OPTION (EXTENSION OF CONTRACT)

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

Exercise of the optional year shall be subject to FAR 52.232-18, Availability of Funds, which is incorporated herein.

(18)

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.

(19) 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 within thirty (30) days.

(20) Option to Extend the Term of the Contract (Mar 2000)

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

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

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

(21)

DELIVERY ORDERS

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

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

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

MODIFICATION PROPOSALS--PRICE BREAKDOWN

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

(2) The price breakdown—

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

(i) Material;

(ii) Labor;

(iii) Equipment;

(iv) Subcontracts; and

(v) Overhead; and

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

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

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

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

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

(22)

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 the simplified acquisition unless one of the exceptions below applies.

4.

EXCEPTIONS

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

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

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

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

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

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

5.

REQUIREMENT FOR PROPOSALS

a.

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

b.

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

c.

Delivery order projects will be varying in size and complexity.

d.

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

6.

SELECTION CRITERIA

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

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

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

(b) Special expertise/experience

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

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

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

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

(23)

INSURANCE REQUIREMENTS

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

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

(2) Comprehensive general liability insurance to insure the risks described in HSAR 3052.217-95 Liability and Insurance (DEC 2003), in the amount of $300,000.00 on account of any one accident or occurrence with respect to each vessel, boat and barge upon which work is to be performed under this solicitation and the contract resulting therefrom:

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

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

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

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

(24)

ACCESS TO VESSEL

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

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

(25).

INDEMNIFICATION FOR ACCESS TO VESSELS

Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.

(26).

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.

(27).

ADDITIONAL WORK

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

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

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

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

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

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

(28).

COMPOSITE LABOR HOUR RATE FOR CONTRACT CHANGES

A. The composite labor hour rate offer in Schedule of Items-Supplies or Services – Prices shall be the sole labor hour rate used to price the prime contractor's direct labor hours for all contract changes, whether growth within scope or new work. The contractor shall not receive any compensation in addition to this rate for prime contractor's direct labor associated with changes under this contract.

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

Supervision Quality Assurance

Planning Engineering

Surveyors Fire Watch

Transportation/Drivers Worker Transit Time

Material Handling Testing

Cleaners Guards

Estimating Contract Administration

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

D. This clause shall not affect the other rights of the parties under FAR 52.212-4, paragraph (c), CHANGES, 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 Schedule of Items, CLIN 0003 and CLIN 0006, is an estimate only, and the Extended Amount indicated by the offeror in these CLINs are 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.

(29).

WELDING CERTIFICATIONS AND QUALIFICATIONS

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

(30).

DISCOVERIES AND CHANGES TO CONTRACT:

Condition Found Report, Change Orders and Quick Chits will be transmitted electronically by using email. The bullets below display the process of how these documents are to be followed for the duration of the contract performance period:

(a) Condition Found Report (CFR) - All readings and inspections are to be taken within 24 hours after the machinery or system is opened. All reports of reading and inspections required by the specifications shall be submitted to the COR in writing using a "Condition Found Report (CFR)" form, within 24 hours after the readings and/or inspections are made.

Promptness in taking and reporting readings is particularly important for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the contractor which are considered abnormal for reasons of safety, expected reliability, health, or habitability. These conditions must be brought to the attention of the Coast Guard using a CFR. Details provided by the Contractor in a CFR are important because the CFR may result in a contract change. To speed the contract change progress, the Contractor should include in his/her CFR the following details as a minimum:

(i) A sequential number.

(ii) The contract item which the "CFR" relates to.

(iii) A clear statement, definition, and description of the condition found, including but not limited to frame numbers, part numbers, materials and dimensions as appropriate.

(iv) A proposed or recommended repair to correct the defective condition.

(v) Indicate whether the report requires Cost Guard action, or if it is provided "for info" only. If action is required, indicate the response time required by the Coast Guard and whether or not a contract extension would be needed if the additional work is authorized.

(vi) A space on the form for the Coast Guard to make comments.

(vii) All CFR's willl be dated, submitted, and signed by a representative of the Contractor.

Contracting Officer’s Representative (COR) will respond to the Contractor’s within 24 hours of receiving a Condition Found Report. A copy of ALL condition found reports shall be retained in the Cutter’s file.

(b) Change Request Process will occur when the contemplated change is above $3,000.00 in the following order:

1. Condition Found Report-Generated by the contractor and provided to COR .

2. Condition Report Reply-Generated by the COR and provided to Contractor

3. Change Request- CR and IGE are generated by the COR and entered in the Contract Workbook. COR will assign the Change request number.

4. COR provides copy of Change Request to the Contractor

5. Contractor’s Proposal- Provided to the KO for the identified tasking on CR

6. Negotiations- If needed, take place to establish pricing

7. Approved Change Request- Forwarded to Contractor and COR by the KO Change Request must be submitted by the COR to the contractor within 24 hours after responding to the CFR. Contractor must submit proposal to the Contracting Officer within 72 hours receipt of the Change Request.

(c) Quick Chit Process will occur when the contemplated change is below $3,000.00 in the following order:

1. Condition Found Report-Generated by the contractor and provided to COR .

2. Condition Report Reply-Generated by the COR and provided to Contractor

3. Quick Chit – COR will go over the scope of work with the contractor and request to submit a proposal for the change

4. Contractor’s Proposal- Provided to the COR within 24 hours.

5. Negotiations – COR and Contractor’s representative will negotiate to establish pricing for the change. Once COR and Contractor agree on scope of work and associated costs, COR will assign a Quick Chit number and fill in agreed price.

6. Approved Change Request- COR to forward (via e-mail or fax) copies of agreed settlement to Contractor, and enter all information in to Contract Workbook.

A modification will be issued to incorporate and implement all changes made by change orders and quick chits.

(31).

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 property will be provided in the quantities designated. Government furnished property may be provided in person by an official Coast Guard employee, shipment via commercial carrier, etc. The Contractor shall sign for all government furnished property using either a DD Form 1149, entitled, “Requisition and Invoice/Shipping Document” or a DD Form 1348, entitled, “Issue Release/Receipt Document”. A copy of the DD 1149 or DD 1348 must be sent within 48 hours of receipt of property, to the designated Government Property Administrator. The name of the individual assigned as Property Administrator will be furnished to the Contractor at time of award. The Contractor shall not take receipt of property that is not listed in the specification, has not been previously identified as becoming part of the contract (via contract modification) or which otherwise cannot be identified. Such irregularities shall be immediately reported to the Property Administrator.

3. The Contractor shall complete the report provided herein, entitled, “Government Property Report”. This report is intended as a living document whereby relevant fields shall be filled in, maintained and kept current at all times. All property described in paragraph 1 (a and b) above shall be reported on the report. At contract completion the Contractor and the Property Administrator shall ensure that all fields are appropriately completed. A signature block is provided at the end of the report for both parties to attest to the report's accuracy and completeness. The Government Property Report shall clearly delineate the complete track that all Government property took over the course of the contract. This completed report must accompany the Contractor's final invoice. Final payment may be delayed, without penalty of interest, until such time as the report is received. A separate copy of the completed report and any final DD 1149s or DD 1348s executed, as a result of carrying out disposition instructions shall be provided to the Property Administrator.

4. Pursuant to the Government Property Clause the authority to render disposition instructions of Government property associated with this contract is delegated to the Property Administrator. The Contractor shall comply with all instructions in the contract for the return of government property to the Coast Guard. This includes government property taken off the vessel (shafts, propellers, etc.), government property returned to the vessel (special tools, etc.) or surplus government property not used during performance of the contract.

(32)

CONTRACTOR PERFORMANCE EVALUATION

(a) The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15.

All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

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

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

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

(33).

SECURITY REQUIREMENTS

A.

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

Any personnel violating this policy may lose access to the Coast Guard facility. Contractor personnel shall have photo identification at all times while working on Coast Guard facilities.

B.

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

C.

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

(34).

METHOD OF PAYMENT AND INVOICING INSTRUCTIONS

INVOICE SUBMISSION PROCESS:

1.

The Contractor shall prepare a proper invoice IAW FAR clause 52.212-4, and in addition to the information required by FAR 52.212-4(g) as cited in the contract. All invoices shall be itemized to correlate to the Schedule of Supplies/Services.

(A) The Government will make payment under this contract based on a percentage or stage of completion. The Contractor may invoice each contract line item (CLIN) as work progresses. The amount invoiced shall be calculated based on those prices stipulated in the contract Schedule of Supplies/Services as follows:

(B) A CLIN may not be invoiced until the percentage complete reaches 25 percent. Future invoices for that CLIN have no limitation as to the percentage of completion required before invoicing. (The minimum percentage of completion (25%) to be reached prior to billing each CLIN may be waived by the Contracting Officer on a case by case basis for large dollar CLINS.)

(C) In addition to the information required by FAR 52.212-4 (g) Invoices shall include:

1) Contract Number, Delivery Order/Task Order Number, DOC Number

2) Name and Address of the Contractor

3) Invoice Number and Invoice Date

4) DUNS Number

5) Name of the Contract Specialist and Contracting Officer’s

6) Invoice Routing Code (IRC): SFLC-2

7) Indicate Small Business Status

8) Indicate if Final Invoice The Contractor’s final invoice submitted under the contract must be marked as follows: (THIS INVOICE CONSTITUTES THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE NO OTHER MONIES ARE DUE UNDER CONTRACT NUMBER (to be assigned upon contract award).

9) The percentage of completion for each CLIN identified;

10) Vessel name

11) The overall percentage and dollar amount previously billed, currently billed and unbilled,

12) Shipping and Payment Terms

13) Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice.

All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment.

2.

The Contractor shall forward invoices via e-mail Valerie.s.riverachase@uscg.mil or in person to the Contracting Officer’s Technical Representative (COR).

3.

The COR shall review and verify invoices, sign the invoice and return the invoice to the Contractor.

4.

The Contractor shall complete the Contractor Invoice Submission Form (sample attached).

5.

The Contractor shall submit the Contractor Invoice Submission Form, a PDF file of the invoice, and any necessary documents for supplies or services via the U.S. Coast Guard Finance Center website at:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm Contractor Invoice Submission Form Directions: Please complete as much information as possible. All blocks in red text are required entries.

Note: Web-Invoices are accepted only for Coast Guard Contracts over the Simplified Acquisition Threshold (Document Type 24).

THIS WEB FORM IS NOT AN OFFICIAL INVOICE. THE OFFICIAL INVOICE MUST BE ATTACHED

Invoice Information Invoice Routing Code: (help) Invoice Number: (help) Contract Number: (help) Invoice Date: (help) BPA Number: (help) Invoice Amount: (help) Delivery/Task Order Number: (help) Discount Terms: %

Discount Days: Net Days: (help)

Company Information Attachment of Official Invoice Company Name: (help) DUNS: Plus 4: (help) Point of Contact Name: (help) Point of Contact Email: (help) Phone: (help) Fax: (help)

Please verify your entry on the next page. Attach invoice and any supporting documentation after verification.

· Attachment must be a single PDF file no larger than 3 MB. Grey-scale PDFs are not compatible.