Attachment_2_Solicitation_HSCG85-15-Q-P30868_Lead_ _Asbestos_Abatement_and_Assessments.docx

NOTICE TO VENDORS

SOLICITATION NUMBER: HSCG85-15-Q-P30868

The U.S. Department of Homeland Security, U.S. Coast Guard Surfaces Forces Logistics Center (SFLC) will acquired the work outlined in the solicitation utilizing procedures in FAR Part 12, Acquisition of Commercial Items and FAR Subpart 13.5, Test Program for Certain Commercial Items.

THE FOLLOWING INFORMATION IS HIGHLIGHTED FOR YOUR ATTENTION:

This cover sheet is not intended to be all-inclusive. Please read the entire solicitation including any attachments, to ensure completion of all required representations, certifications, and submissions. Acknowledge all Solicitation Amendments (SF-30) issued by the Government.

Your offer shall include all of the documents and information listed on page 10 (FAR Provision 52.212-1 (b) Submission of Offers) and your offer shall be received by our office at or before the exact date and time specified on page 4, the SF 1449, Block 8 to be eligible for award. Also, see FAR 52.212-2 Evaluation-Commercial Items on pages 40-45 for Evaluation Factors.

Submit your offer, with all required documentation via one of the following methods:

· Mail to:

United States Coast Guard Surface Forces Logistics Center Attn: Timothy Shuhart 300 East Main Street, Suite 600 Norfolk, VA 23510-9112

· Email to:

Attn: Timothy Shuhart and Freda Reilly Email: Timothy.M.Shuhart@uscg.mil and Freda.A.Reilly@uscg.mil

· Fax to: (757) 628-4676 Attn: Timothy Shuhart and Freda Reilly

QUESTIONS/CONCERNS/REQUEST FOR DRAWINGS: It shall be the obligation of the vendor to exercise due diligence to discover and to bring to the attention of the Government any ambiguities, inconsistencies or concerns regarding the information in this solicitation. All questions, concerns and requests for drawings regarding this solicitation shall be submitted in writing to the Contract Specialists at Timothy.M.Shuhart@uscg.mil and Freda.A.Reilly@uscg.mil no later than 11 September 2015. Follow-up/additional questions will not be accepted after this date and time due to time constraints. Vendors shall reference the solicitation number and provide enough information in their email so the Government can easily respond to their questions/concerns. Questions/concerns will be compiled and addressed on an Amendment of Solicitation (SF-30) and will be posted on the FedBizOpps website for viewing by all potential vendors. Answers to questions will be available after the due date for questions/concerns has past.

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

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

EMAIL: OPAP@uscg.mil

FAX: 202-372-8447

PHONE: 202-475-5786

More information about the Ombudsman Program for Agency Protests can be found at http//:www.uscg.mil/acquisition/business/ombudsman.asp

Alternate Point of Contact: Kathryn Stark, Contracting Officer Kathryn.E.Stark@uscg.mil

U.S. Coast Guard Surface Forces Logistics Center

CPD-C&P2-IBCT

300 East Main Street, Suite 600 Norfolk, VA 23510

REQUEST FOR QUOTES

HSCG85-15-Q-P30868

INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ)

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) FOR

LEAD AND ASBESTOS ABATEMENT/ASSESSMENTS

FOR CUTTERS AND BARGES

TABLE OF CONTENTS

Contract Clauses

Implement Statutes or Executive Orders-Commercial Items Solicitation Provisions

Contract Documents/Exhibits and/or Attachments

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2115855***30868

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG85-15-Q-P30868

6. SOLICITATION

August 27, 2015

Timothy Shuhart

b. TELEPHONE NUMBER (no collect calls)

(757) 628-4602

8. OFFER DUE DATE/ LOCAL TIME

September 26, 2015 @ 1:00PM EST

9. ISSUED BY CODE 75174

Commander, USCG Surface Forces Logistics Center Attn: TIMOTHY SHUHART

300 EAST MAIN STREET

NORFOLK, VA 23510

E-mail: timothy.m.shuhart@uscg.mil

10. THIS ACQUISITION IS

NAICS: 562910

SIZE STANDARD $20.5M

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT

TERMS

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |_| RFP

15. DELIVER TO CODE

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

U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) for Lead and Asbestos Abatement/Assessments for Cutters and Barges

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 & 52.212-5 ARE ATTACHED. ADDENDA |X| ARE |_| ARE NOT ATTACHED.

|_| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED.

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 (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

HSCG85-15-Q-P30868

USCG IDIQ MATOC FOR LEAD AND ASBESTOS ABATEMENT/

ASSESSMENTS FOR CUTTERS AND BARGES

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

All work is to be performed in accordance with this Solicitation; Attachment 1 - Schedule of Supplies and Services; Attachment 2 - U.S. Coast Guard (USCG) Lead and Asbestos Abatement/Assessments on USCG Cutters and Barges Specification (Rev-0, 08 June 2015); and Attachment 3 SFLC Standard Specification 0000 General Requirements.

Accounting and Appropriation Data will be cited on the SF 1149 Award Document.

Accounting and Appropriations for work aboard each USCG Vessel will be cited on individual Task Orders.

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| 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

|_| PARTIAL |_| 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

STANDARD FROM 1449 (REV. 3/2005) BACK

CONTINUATION OF SF 1449 – BLOCKS 17a. through 25

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

(2) Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in System for Award Management (SAM). To receive award contractor must be registered in System for Award Management (SAM) www.sam.gov/portal/public/SAM

(3) Block 19 through 24: SEE SCHEDULE OF SUPPLIES/SERVICES with CONTRACT LINE ITEM NUMBERS (CLINS) and EXHIBIT LINE ITEMS NUMBERS (ELINS) on Page 7.

(4) Block 25: ACCOUNTING AND APPROPRIATION DATA: Will be included on the contract award document, and individual task orders when issued.

SCHEDULE OF SUPPLIES/SERVICES - Summary

The Offeror shall submit Attachment 1, Schedule of Supplies/Services CLINS and ELINS with the Quote.

*CLIN 0001 will be utilized for all work in the Base Year (ELINS O-001 through O-00C).

*CLIN 1001 will be utilized for all work in the Option Year One (ELINS O-101 through O-10C), if exercised.

*CLIN 2001 will be utilized for all work in the Option Year Two (ELINS O-201 through O-20C), if exercised.

*CLIN 3001 will be utilized for all work in the Option Year Three (ELINS O-301 through O-30C), if exercised.

*CLIN 4001 will be utilized for all work in the Option Year Four (ELINS O-401 through O-40C), if exercised.

The Contract will have an overall not to exceed value of $6,450,000.

Additional CLINS and ELINS may be added via Contract modification as determined necessary by the Contracting Officer to accomplish the work.

DESCRIPTION OF THE ACQUISITION:

(a) Contract Type: This acquisition will result in the award of a single or multiple, Firm Fixed Price Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) for Lead and Asbestos Abatement/Assessments for United States Coast Guard (USCG) Cutters and Barges. The U.S. Coast Guard (USCG), Surface Forces Logistics Center (SFLC), Icebreaker and Construction Buoy Tender (IBCT), intends to issue individual Task Orders to perform contract requirements at each Cutter and/or Barge’s homeport. Task Orders may be issued by mail, email, facsimile, or orally (followed up in writing).

(b) General Description of the Scope of Work: The Contractor shall furnish all necessary labor, materials, supplies, services, tests, tools, equipment, accessories, environmental protection, travel and per diem, and such other things as necessary to perform Lead and Asbestos Abatement/Assessments for USCG Cutters and Barges, in accordance with this Solicitation and Attachment 2, Specification (08 June 2015/Rev. 0).

(c) Multiple Awards: The Government intends to award a minimum of two (2), and up to six (6) separate MATOCs from this Solicitation to the responsible Offeror(s) whose Quote is determined to best meet the needs of the Government after consideration of all factors, that is, the Quote that provides the best value to the Government. A best value selection will be utilized on the basis of the Lowest Price Technically Acceptable process.

(d) Contract Term: This contract contains provisions for one Base Year up to twelve (12) months, plus four (4) Option Years (12 months each) – Option Year One, Option Year Two, Option Year Three, and Option Year Four. The total duration of this contract shall not exceed sixty (60) months. The Government has the option to extend the terms of the contract in accordance with FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000).

(e) Contract Period of Performance: The contract period of performance will be determined at the time of award. The anticipated period of performance for all MATOC awards is October 24, 2015 through and including October 23, 2020, if all Options are exercised.

(f) Place of Performance: The majority of services will be performed aboard each vessel at their homeport. Refer to Attachment 4, List of IBCT Cutters and Barges, which provides locations for each vessel’s homeport. In the event the work must be performed at a facility or location other than the vessel’s homeport due to USCG operational commitments, all Awardees will be given an opportunity submit a Quote during the Task Order competition. A one-time modification will be issued to incorporate the new location into the contract, and will be included in the Task Order.

(g) Task Orders: Awardees will be afforded a fair opportunity to compete again at the Task Order level in accordance with Page 13, FAIR OPPORTUNITY CONSIDERATIONS: TASK ORDERS. The performance period for each individual requirement will be specified on each Task Order.

(h) Competition Requirements/Set-Aside: This acquisition is a 100% Small Business Set-Aside. ill be solicited in accordance with FAR Part 19.502-2 Total Small Business Set-Asides.

(i) Contract Minimum Guarantee: The minimum guarantee for all IDIQ contract(s) issued against this solicitation is $500.00, applicable to the Base Year only.

(j) Individual Task Order Minimum and Maximum: In accordance with FAR 52.216-19 Order Limitations, the minimum order amount for each individual Task Order is $1.00, and the maximum is $500,000.00.

(k) Small Business Set-Aside: This acquisition is a 100% Small Business Set-Aside.

(l) NAICS Code: The NAICS Code applicable to this acquisition is 562910 Remediation Services with a Small business size standard of $20,500,000.00.

(m) Department of Labor (DOL) Wage Determinations: The DOL Wage Determination applicable for the work to be performed at the homeport of each vessel and/or other location will be issued with each Task Order. Prior to the issuance of each Task Order, all Awardees will be provided a copy of the applicable Wage Determination for the vessel’s location to utilize when developing their quote.

(n) Travel and Pier Diem: The place of performance for Contract Line Items (CLINS) covered by this solicitation will be performed pier-side on-board the vessel, at the vessel’s homeport in the Continental United States (CONUS) or Outside the Continental United States (OCONUS). Homeports for each vessel are listed in the Specification as Attachment 4, List of IBCT Cutters and Barges.

(1) Pricing Travel and Pier Diem will be included in each Task Order and for all personnel required to accomplish the work covered by this solicitation.

(2) The proposed Travel and Per Diem for each Task Order shall represent total compensation for employees’ transportation, lodgings, meals, and incidentals and shall not exceed on a daily basis the maximum rates as set forth in the Federal Travel Regulations, the Joint Travel Regulation, and in the case of foreign travel, the Standardized Regulations.

1. Federal Travel Regulations, prescribed by the General Services Administration, for travel in the conterminous 48 United States, is available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

1. Joint Travel Regulation, Volume 2, DOD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and territories and possessions of the United States, is available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

1. Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in by (i) and (ii) of this paragraph, is available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

(3) All receipts for travel must be submitted with the invoice(s) for the associated Task Order. If there is a difference in costs from pricing established at the time of award for Travel and Pier Diem ELINS O-00B; O-010B; O-020B; O-030B; and O-040B; a modification will be issued based on receipts for actual costs.

(4) The place of performance for all work will be completed at the vessel’s homeport. If for any reason the homeport or pier location is changed, the Contracting Officer will request a Quote for Travel and Pier Diem to the new location. The Contractor will be compensated for the difference in cost from the vessel’s homeport and the new location.

(o) Welding Certifications and Qualifications: This Solicitation contains CLINs which will require welding and brazing. The Contractor shall provide the necessary welding certifications and qualifications required by Attachment 3, SFLC Standard Specification 0000, Paragraph 3.3.6 Welding and Brazing Requirements, in accordance with SFLC Standard Specification Spec 0740. The Government will require the Contractor to submit applicable certifications and qualifications to the COR for any welding to be performed aboard each Vessel with the Awardee’s quote for each Task Order. The Contractor cannot receive the award of a Task Order until the welding certifications and qualifications have been approved by the Contracting Officer.

(p) Contract Management: Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The individuals listed below will be the Government points of contact during the performance period.

Contract Administration: The U.S. Department of Homeland Security, U.S. Coast Guard, Surface Forces Logistic Command, CPD, 300 East Main Street, Suite 600, Norfolk, VA 23510-9112 will perform all contract administration. Communications pertaining to contractual administrative matters shall be addressed to one of the Contracting Officers (KO) listed below. Changes in, or deviations from, the specification or terms and conditions of the contract shall not be effected without written modification to the contract as executed by a USCG SFLC CPD Contracting Officer.

Contracting Officer:

Kathryn Stark E-Mail: Kathryn.E.Stark@uscg.mil Telephone: 757-628-4588

Alternate Contracting Officer(s): Any warranted USCG SFLC CPD Contracting Officer.

Contract Administrator (Contract Specialist): Serves as the point of contact between the Contractor and the Contracting Officer(s); however, this person does not have a warrant that provides the authority to contractually commit the Government.

The contractor’s attention is directed to the fact that contractor personnel may assist the Government in a contract administrator role for administration of this contract. Execution of this contract constitutes approval to release the contract and contractor’s proposal to Government Support Contractors who have signed Non-Disclosure and Rules of Conduct/Conflict of Interest Statements.

The Contracting Officer’s Representative (COR): Is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the name of the COR and the authorities and limitations of the COR under the contract when each Task Order is issued.

This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

COR: ENG2 Benjamin Mills E-Mail: Benjamin.M.Mills1@uscg.mil Telephone: 757-628-4609

QUOTE SUBMISSION

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.

OFFER EXPIRATION DATE: All Quotes submitted in response to this solicitation shall be valid for 120 calendar days from the date specified for the receipt of offers.

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

DRAWING REQUESTS: The deadline to request U.S. Coast Guard Specification drawings is BEFORE SEPTEMBER 11, 2015. Contact Timothy.M.Shuhart@uscg.mil to request drawings. All requests should identify the solicitation number. U.S. Coast Guard specification referenced drawings are available in CD-ROM format and are provided free of charge. The CD-ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF(group 4), *DWG, and *.DWF, etc.).

ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about 23 October 2015. Work covered by this solicitation will be issued after award as individual Task Orders with specific periods of performance based on the needs of the USCG and Cutter/Barges schedules.

CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY 2015 & ADDENDUM

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

As prescribed in 3.908-9,

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by Section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub.L.112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, the employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of Clause)

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

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

ROLLING ADMISSIONS

SFLC does not envision expanding the pool of awarded contractors after the initial base awards are made. However, SFLC retains authority for maintaining an appropriate level of industrial support under the multi-award IDIQ and will do so, if necessary, to permit additions to the pool of awarded contractors for reasons including, but not limited to: consistent failure to respond to RFQs, repeated poor performance or an inability to continue performance (bankruptcy, for instance).

SFLC CPD shall initiate the process for the new admissions process via public notice in FedBizOpps. After a notice period of 15 days, a source selection process identical to the initial solicitation HSCG85-15-Q-P30868 will be issued, utilizing a similar or identical notional package for pricing and technical Quote development and also would identify the number of additional awards sought by SFLC CPD. Evaluation criteria would be the same as for the original source selection. The resultant contract(s) end date would coincide with the original contract(s) end date. The decision to activate the rolling admission provision will be entirely at the discretion of the procuring contracting officer in order to ensure adequate competition and capacity throughout the five-year term of the contract.

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

This Request for Quote (RFQ) is issued in accordance with FAR Subpart 12, Acquisition of Commercial Items and FAR Part 13.5 Commercial Item – Test Program. The Government contemplates award of single or multiple firm-fixed-price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) contracts resulting from this solicitation.

(End of Provision)

FAR 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 12 months and any subsequent option period, if exercised by the government.

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.

(b) 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 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 $150,000.00.

(2) Any order for a combination of items in excess of $700,000.00 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 30 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)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

As prescribed in 16.506(e),

(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 the contract effective date through 12 months and any subsequent option period, if exercised by the government and 6 months thereafter.

(End of clause)

FAIR OPPORTUNITY CONSIDERATIONS: DELIVERY/TASK ORDERS

(a) Awardees will be afforded a fair opportunity to compete again at the delivery/task order level. Awardees competing at the task order level will have an opportunity to specify the contract pricing in place for that ordering period as applicable for the proposed task order or decrease applicable work item pricing. No increase in work item pricing will be permissible.

(b) Upon issuance of a new Delivery/Task Order, Awardees will receive an email notification detailing a new Task Order requirement. The email will identify the following:

(c) Upon receipt of a new Delivery/Task Order email, if the contractor is unavailable during the specified period of performance, please respond with a “No Quote response due to unavailability.”

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

(e) In providing awardees a fair opportunity to be considered for each Delivery/Task Order, the contracting officer shall consider the following factors:

(f) Contractors competing for award of Delivery/Task Orders may reduce prices by quoting lower prices than proposed and awarded under their Contract.

(g) EXCEPTIONS. Awardees need not be given an opportunity to be considered for a particular order, if the Contracting Officer determines that:

(1) The agency need for such supplies or services is of such urgency that providing such opportunity would result in unacceptable delays.

(2) Only one such contractor is capable of providing such supplies and/or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

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

(4) It is necessary to place an order to satisfy a minimum guarantee.

FAR 52.216-27 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)

FAR 52.217-5 EVALUATION OF OPTIONS (JULY 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision) 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 within thirty (30) days of expiration of the period of performance.

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor thirty (30) calendar day prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend up to 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause) Clause 52.246-4 replaces (a) Inspection/Acceptance in Clause 52.212-4(a)

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 to 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 3052.217–100 GUARANTEE (USCG) (JUN 2006)

(a) In the event any work performed or materials furnished by the contractor prove defective or deficient within 60 days from the date of redelivery of the vessel(s), the Contractor, as directed by the Contracting Officer and at its own expense, shall correct and repair the deficiency to the satisfaction of the Contracting Officer.

(b) If the Contractor or any subcontractor has a guarantee for work performed or materials furnished that exceeds the 60 day period, the Government shall be entitled to reply upon the longer guarantee until its expiration.

(c) With respect to any individual work item identified as incomplete at the time of redelivery of the vessel(s), the guarantee period shall run from the date the item is completed.

(d) If practicable, the Government shall give the Contractor an opportunity to correct the deficiency.

(1) If the Contracting Officer determines it is not practicable or is otherwise not advisable to return the vessel(s) to the Contractor, or the Contractor fails to proceed with the repairs promptly, the Contracting Officer may direct that the repairs be performed elsewhere, at the Contractor’s expense.

(2) If correction and repairs are performed by other than the Contractor, the Contracting Officer may discharge the Contractor’s liability by making an equitable deduction in the price of the contract.

(e) The Contractor’s liability shall extend for an additional 60-day guarantee period on those defects or deficiencies that the Contractor corrected.

(f) At the option of the Contracting officer, defects and deficiencies may be left uncorrected. In that event, the Contractor and Contracting Officer shall negotiate an equitable reduction in the contract price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of the contract.

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.

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

(iii)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.

(b) 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 an acquisition described in section 835(b)(1) 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.

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.

(c) 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.

(d) 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 3009.108-7001 through 3009.108-7003;

it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, 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 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(e) ) 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 Quote.

(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

(End of clause)

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.

(b) The Contractor shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer, of any quote submitted for a contract modification. Unless otherwise directed, the breakdown shall be submitted on an SFLC 002 quote 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 quote includes a request for a time extension, justification shall be furnished with the quote.

(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 and shall be included in the Composite Labor Rate. 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.

Discoveries and changes to contract: Change requests can be transmitted electronically by using email. The bullets below display the process of how change requests are to be followed during the availability:

Change Request Process will occur in the following order:

(1) Condition Found Report (CFR)-Generated by the Contractor and provided to COR

(1) Condition Report Reply(CRR)-Generated by the COR and provided to Contractor

(2) Change request- WR and IGE are generated by the COR and forwarded to KO

(3) COR provides copy of Change request to the Contractor

(4) Contractor’s Quote- Provided to the KO for the identified tasking on WR

(5) Negotiations- If needed, take place to establish pricing

(6) Approved Change request- Forwarded to Contractor and COR by the KO

(7) Modification to Contract- The KS/KO will issue a modification covering all WR’s

In…