SPAR SOLICITATION- REV 04132015.pdf

NOTICE TO VENDORS

SOLICITATION NUMBER: HSCG85-15-Q-P45D82

The U.S. Department of Homeland Security, U.S. Coast Guard Surface Forces Logistics Center (SFLC) will acquire 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:

1. 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.

2. Your quote shall include all of the documents and information listed on page 7 , FAR Provision 52.212-1

(b) Submission of Quote on pages 23-24; and your offer shall be received by our office at or before the exact date and time specified on page 1 of the SF 1449, Block 8 to be eligible for award. Also, see FAR

Provision 52.212-2 on pages 29-30 for the Evaluation Factors.

3. Submit your quote with all required documentation via one of the following methods:

Email: shari.a. jackson-humphrey@uscg.mil

4. QUESTIONS/CONCERNS: 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 regarding this solicitation shall be submitted in writing to the Contract Specialist at shari.a. jackson-humphrey@uscg.mil no later than 24 April 2015 at 4:00 p.m. PST. Follow-up/ additional questions will not be accepted after this date and time.

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.

mailto:shari.a.jackson-humphrey@uscg.mil mailto:shari.a.jackson-humphrey@uscg.mil

NOTICE FOR FILING AGENCY PROTESTS

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

Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the

USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency

Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman:

solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. 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 submitted to:

Department of Homeland Security

United States Coast Guard (CG-91)

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 (OPAP) can be found at http://www.uscg.mil/acquisition/business/ombudsman.asp

Alternative Point of Contact:

Natalie J. Rodriguez

Contracting Officer

SFLC-CPD C&P2-IBCT

1301 Clay Street, Suite 800N

Oakland, CA 94612

Phone: 510-637-5965

Email: natalie.j.rodriguez@uscg.mil http://www.uscg.mil/acquisition/business/ombudsman.asp mailto:natalie.j.rodriguez@uscg.mil

Commander

U.S. Coast Guard

Surface Forces Logistics Center

CPD-C&P2-IBCT

1301 Clay Street, Suite 800N

Oakland, CA 94612

REQUEST FOR QUOTATION

HSCG80-15-Q-P45D82

USCGC SPAR (WLB-206) DOCK-SIDE & REPAIRS

TABLE OF CONTENTS

DESCRIPTION PAGE NUMBER

SF 1449, Solicitation/Contract/Order for Commercial Items 1

Continuation of SF 1449

Contract Clauses

FAR 52.212-4 Contract Terms and Conditions Addendum 8

HSAR 3052.212-70 Contract Terms and Condition Applicable to DHS 10

Acquisition of Commercial Items Solicitation Provision/Clauses

FAR 52.212-5 Contract Terms and Conditions Required to Implement 18

Statutes and Executive Orders

Solicitation Provisions

FAR 52.212-1 Instructions to Offerors Addendum 23

FAR 52.212-2 Evaluation Commercial Items or other Evaluation 29

Factors for Award

FAR 52.212-3 Representations and Certifications-Commercial Items 31

Contract Documents/Exhibits and/or Attachments

Pricing Schedule Attachment 1

USCGC SPAR DS Specifications (Rev-1 Dtd 19 March 2015) Attachment 2

Government Property Report Attachment 3

Request for Clarification Attachment 4

Past Performance Reference Information Form Attachment 5

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2115855P45D82

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG85-15-Q-P45D82

6. SOLICITATION ISSUE

DATE

04/13/2015

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Shari A. Jackson-Humphrey-Contractor Contract Specialist

b. TELEPHONE NUMBER (No collect calls)

510-637-5870

8. OFFER DUE DATE/

LOCAL TIME

05/12/2015 @4:00 p.m.

PDT

9. ISSUED BY CODE 75174

USCG SURFACE FORCES LOGISTICS CENTER

Attn: Shari A. Jackson-Humphrey, Contractor Contract Specialist 1301 Clay Street, Suite 800N Oakland, CA 94612

E-mail: shari.a.jackson-humphrey@uscg.mil

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

HUB ZONE SMALL SMALL BUSINESS PROGRAM NAICS: 336611

BUSINESS

EDWOSB SIZE STANDARD:

SERVICE-DISABLED 1000

VETERAN-OWNED

SMALL BUSINESS 8(A)

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

DO-N5

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

To be Determined

16. ADMINISTERED BY CODE

SAME AS BLOCK 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

Name:

Address:

DUNS:

TELEPHONE NO:

18a. PAYMENT WILL BE MADE BY CODE 51800

USCG Finance Center 1430A Kristina Way Chesapeake, VA 23326

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The Contractor shall furnish all necessary labor, material services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified to perform dock-side & repairs and alternations to the vessel, in accordance with this solicitation and attached specifications.

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT

AND RETURN (1) COPY TO ISSUING OFFICE. CONTRACTOR

AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR

OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE

OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED

AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

KATHRYN STARK

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

USCGC SPAR (WLB-206) FY15 Dockside

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 USCGC SPAR’s Specification Rev-1, dated 19 March 2015.

Work covered by this specification shall be completed within 58 calendar days from the date the vessel becomes available to the Contractor. This availability is scheduled to start on or about 12 August 2015 and end on or about 08 October 2015.

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

COMPLETE PARTIAL FINAL

37. CHECK

NUMBER

PARTIAL FINAL

38. S/R ACCOUNT

39. S/R VOUCHER

40. PAID BY

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

42 a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL

CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 2/2012 PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

Continuation of SF 1449 – BLOCKS 15 - 26

(1) Block 15: Deliver To

Place of Performance: All work will be performed and accomplished onboard the Cutter at Coast Guard Base

LA/LB or contractor proposed location within geographical restrictions on the West Coast.

Place of Acceptance on behalf of the Government: U.S. Coast Guard Cutter SPAR

(2) Block 16: Administered By (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, CPD2, 1301 Clay Street, Suite 800N, Oakland, CA 94612 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: Natalie J. Rodriguez Telephone #: 510-637-5965

E-Mail: natalie. j.rodriguez@uscg.mil Fax #: 510-637-5877

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

(3) Block 17a: Contractor shall include the company’s DUNS number

Block 17b: Remittance Address

Payment will be made by Electronic Funds Transfer (EFT) to the Financial Institution listed in the System for

Award Management (SAM). To receive an award the Contractor must be registered in the System for Award

Management (SAM) http://www.sam.gov.

(4) Blocks 18a and 18b: Invoice Procedures

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 mailto:natalie.j.rodriguez@uscg.mil http://www.sam.gov/

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.

1. The Contractor shall forward invoices to the contracting Officer’s Technical Representative (COR), who shall review, verify and sign the invoice and then return it to the Contractor.

2. The Contractor shall complete the Contractor Invoice Submission Form (listed below).

3. 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:

SFLC-2

(help)

Invoice Number: (help)

Contract Number: (help) Invoice Date:

MM/DD/YY

(help)

BPA Number: (help) Invoice Amount:

0.00

(help)

Delivery/Task Order Number: (help) Discount Terms:

00.00

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. This will be our official invoice. Supporting documentation must be combined in the single PDF file or submitted to your contracting office separately via email.

Need help creating a PDF file? Click here for instructions.

Verify

Reset

6. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing

Code for this contract is SFLC-2.

7. Visit the U.S. Coast Guard Finance Center Website for instructions regarding invoice attachments.

8. A copy of the invoice and any supporting documentation shall also be e-mailed to the following individuals:

Natalie J. Rodriguez, Contracting Officer, Natalie.j.rodriguez@uscg.mil

CWO John Brummett, Contracting Officer Representative, John.t.brummett@uscg.mil

Shari A. Jackson-Humphrey, Contract Specialist-Contractor, Shari.a.jackson-humphrey@uscg.mil

Additional work verbally agreed to by the parties that has not yet been incorporated into the contract by modification shall not be included in an invoice. Payments will not be made for any work to which a modification has not been properly executed. Invoices submitted for payment that includes such a request will be reduced by the unmodified amount.

NOTE: 10% OF THE TOTAL CONTRACT PRICE WILL BE WITHHELD UNTIL ALL

DELIVERABLES, REQUIRED BY THE CONTRACT, ARE RECEIVED AND ACCEPTED.

FURTHER CONSIDERATIONS WITH INVOICING:

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

(1) On the later of:

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

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

(iii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless— http://www.fincen.uscg.mil/centralinv/central_inv_PDF_notice.htm http://www.fincen.uscg.mil/centralinv/central_inv_PDF_notice.htm http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm mailto:Natalie.j.rodriguez@uscg.mil mailto:John.t.brummett@uscg.mil mailto:Shari.a.jackson-humphrey@uscg.mil

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

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

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

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

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

(5) For inquiries and payment status please visit: https://fincen.uscg.mil/secure/payment.htm

The Data Universal Numbering System (DUNS) number is the primary identifier in System for Award

Management (SAM), formally known as Central Contractor Registration (CCR), (see FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)). Contractors are located and identified in SAM by their DUNS number. Therefore, to facilitate payment, the DUNS number shall be recorded on every invoice submitted to the U.S. Coast Guard.

All payments for partial performance rendered by the Government under this contract are based on the assumption that the Contractor will, in good faith, execute and honor all payment terms entered into between it, the Prime

Contractor, and any subcontractor thereof in the performance of this contract. The Contractor hereby acknowledges the Government’s right to reduce or suspend progress payments based on non-payment in accordance with any payment terms of the subcontract agreement.

Any amount deemed not payable will be deducted from the Contractor’s invoice. Deducted amounts may be resubmitted on the next invoice for reconsideration.

(5) Blocks 19-24: Schedule of Supplies/Services

CONTRACT TYPE:

This solicitation is a Request For Quotes (RFQ) which will result in the award of a firm fixed price contract.

CONTRACT PERIOD OF PERFORMANCE:

Work covered by this solicitation shall be completed within 58 calendar days from the date the vessel becomes available to the Contractor. The performance period is from 12 August 2015 to 08 October 2015. The availability is scheduled to start on or about 12 August 2015.

SCHEDULE OF SUPPLIES/SERVICES:

See Attachment 1. Base Contract Line Item Numbers (CLINs) are marked as “D” for Definitive. Optional

CLINS are marked “O” for Optional. Insert unit prices in all CLINs listed in the Schedule unless “NSP” is printed in the Unit Price column for any CLIN. “NSP” in the section means “Not Separately Priced.”

https://fincen.uscg.mil/secure/payment.htm

(6) Block 25: Accounting and Appropriation Data

ACCOUNTING AND APPROPRIATION DATA: To be included on contract award document.

(7) Block 26: Total Award

This contract will obligate all definite (D) work items. The funding for the optional work items will be obligated with a bilateral contract modification as required.

DESCRIPTION OF WORK:

(a) The Contractor shall furnish all necessary labor, material, services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified, to perform dock-side & repairs, and alterations to the vessel, in accordance with this solicitation and attached specifications.

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

REQUIRED DOCUMENTS:

Each quoter shall furnish the information required by the solicitation, which includes:

1. Signed 1449 with offeror’s address, DUNS and other information completed.

2. Price Schedule filled out with a cost associated with each CLIN

3. Past Performance Documentation

4. Small Business Self Certification for applicable set-aside (i.e.HUBZone, Small Business, SDVOSB, 8(a))

5. Welding Certifications and Procedures

6. Proof of Insurance (Statement of Coverage from current Insurance carrier)

Certifications/ Calculations. The Government will review the Offerors submission. This factor will be rated on a pass/fail basis. In order to pass the offeror must provide the required submittals that demonstrate compliance with the requirements of this solicitation.

PLEASE NOTE: QUOTES THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS MAY BE

CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED.

DELIVERABLES: 48 hours after the contract has been awarded the Contractor will generate a legible planning document as outlined in SFLC Standard Specification 0000 and email it to the Contracting Officer and Port

Engineer for a preliminary review.

ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about 13 June 2015. Work covered by this solicitation shall be completed within fifty eight (58) calendar days from the date the vessel becomes available to the Contractor. The performance period is from 12 August 2015 through 08 October

2015. There will be one federal holiday (Labor Day: 07 September 2015). The availability is scheduled to start on or about 12 August 2015.

QUESTIONS AND REQUEST FOR DRAWINGS: The last day to request drawings or ask questions regarding this solicitation is 4:00 pm Pacific Time on 24 April 2015. After this date, further requests may not be accepted due to time constraints

CONTRACT CLAUSES

(8) FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY 2014)

ADDENDUM

(9) FAR 52.209-7 Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g. , Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).

This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award

Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g. , general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System

(FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c) (1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c) (1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(10) FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item (Mar 1989)

The Government may require the performance of the numbered line items, identified in the Schedule as option items, at the unit prices stated in the Schedule. The option quantities shown in the Schedule are estimates only.

The Government has the right to require performance of these items at the quantities deemed necessary.

Therefore, the Government may exercise an option item on more than one occasion during the contract performance period. The Contracting Officer will provide initial notification of the exercise of an option either verbally, by email, or both. When time is of essence initial notification will be provided verbally followed within

24 hours by an email of confirmation. A contract modification will be executed shortly thereafter to include those options wherein exercise notification was provided. Such options may be exercised at any phase during the contract performance period as stated herein, or any extension of the performance period. To maintain the contract performance period the Contractor shall commence performance of an option item immediately upon receiving initial notification; but, not later than 24 hours thereafter, unless proper sequencing of the work requires a delay in beginning performance of the option. In that case, the option item shall be commenced as soon as proper sequencing permits. The exercise of any option item listed in the Schedule will not normally extend the contract performance period. However, the Contracting Officer may consider a request by the Contractor for contract extension if an option is exercised after 50% of the contract performance period has expired.

(11) 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 or http://www.dhs.gov/publication/hsar

Clause No. Clause Title Date

FAR 52.203-12

Limitation on Payments to Influence Certain Federal

Transaction

OCT 2010

FAR 52.203-17

Contractor Employee Whistleblower Rights and

Requirement to Inform Employees of Whistleblower Rights

APR 2014

FAR 52.204-13 System for Award Management Maintenance JUL 2013

FAR 52.232-40

Providing Accelerated Payment To Small Business

Subcontractors

DEC 2013

FAR 52.242-2 Production Progress Reports APR 1991

FAR 52.242-15 Stop Work Order AUG 1989

FAR 52.242-17 Government Delay of Work APR APR 1984

FAR 52.245-1 Government Property Alternate 1 (APR 2012) APR 2012

FAR 52.245-9 Use and Charges APR 2012

FAR 52.246-2 Inspection of Supplies – Fixed Price AUG 1996

FAR 52.246-4 Inspection of Services – Fixed Price AUG 1996

FAR 52.246-16 Responsibility for Supplies APR 1984 https://www.acquisition.gov/ http://www.arnet.gov/far/index.html http://www.dhs.gov/publication/hsar

FAR 52.247-55

F.O.B. Point of Delivery of Government Furnished

Property

JUN 2003

HSAR 3052-205-70 Advertisements, Publicizing Awards and Releases

SEP 2012

HSAR 3052.211-71 Index for Specifications DEC 2003

HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the

Contract Work

DEC 2003

HSAR 3052.222-71

Strikes or Picketing Affecting Access to a DHS Facility

DEC 2003

HSAR 3052.222-90 Local Hire JUN 2006

HSAR 3052.223-70

Removal or Disposal of Hazardous Substances-Applicable

Licenses and Permits (30 days)

JUN 2006

HSAR 3052.223-90 Accident and Fire Reporting DEC 2003

(12) HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS

ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

____3052.209-72 Organizational Conflicts of Interest.

____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

(b) Clauses.

____3052.203-70 Instructions for Contractor Disclosure of Violations.

____3052.204-70 Security Requirements for Unclassified Information Technology Resources.

____3052.204-71 Contractor Employee Access.

____Alternate I

____3052.205-70 Advertisement, Publicizing Awards, and Releases.

____3052.209-73 Limitation on Future Contracting.

____3052.215-70 Key Personnel or Facilities.

____3052.216-71 Determination of Award Fee.

____3052.216-72 Performance Evaluation Plan.

____3052.216-73 Distribution of Award Fee.

_X_ 3052.217-91 Performance. (USCG)

_X__3052.217-92 Inspection and Manner of Doing Work. (USCG)

_X__3052.217-93 Subcontracts. (USCG)

____3052.217-94 Lay Days. (USCG)

_X__3052.217-95 Liability and Insurance. (USCG)

_X__3052.217-96 Title. (USCG)

_X__3052.217-97 Discharge of Liens. (USCG)

_X__3052.217-98 Delays. (USCG)

_X__3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)

_X__3052.217-100 Guarantee. (USCG)

____3052.219-70 Small Business Subcontracting Plan Reporting.

____3052.219-71 DHS Mentor Protégé Program.

_X__3052.228-70 Insurance.

____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)

____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)

____3052.228-92 Fair Market Value of Aircraft. (USCG)

____3052.228-93 Risk and Indemnities. (USCG)

____3052.236-70 Special Provisions for Work at Operating Airports.

_X__3052.242-72 Contracting Officer’s Technical Representative.

____3052.247-70 F.o.B. Origin Information.

____Alternate I

____Alternate II

____3052.247-71 F.o.B. Origin Only.

_X__3052.247-72 F.o.B. Destination Only.

(13) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES – APPLICABLE

LICENSES AND PERMITS (JUN 2006)

The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within 30 days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

(14) 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.

(15) FAR 52.223-11 Ozone-Depleting Substances (May 2001)

(a) Definition. “Ozone-depleting substance,” as used in this clause, means any substance the Environmental

Protection Agency designates in 40 CFR Part 82 as--

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

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

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

Warning

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

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

(16) REQUIRED INSURANCE

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

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

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

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

Act.

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

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

(17) ACCESS TO VESSEL

(a) A reasonable number of officers, employees, and associates of the Government, or other Prime

Contractors with the Government, and their Sub Contractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis.

The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor' s facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance.

All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, 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 bidders on other contemplated work, the same privileges of admission to the Contractor' s plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security.

(18) 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 Sub Contractors, and officers, employees, and associates of quoters 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.

(19) 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.

(20) GROWTH WORK

(a) The Contractor shall not perform growth work without the Contracting Officer's authorization.

Growth work is work within the scope of the contract, which has not been previously priced as a pre-priced

CLIN. The Contracting Officer reserves the right to contract for growth work on the basis of a negotiated, firm, fixed price, when it is in the best interest of the Government. If a firm-fixed price contract is awarded, and during the performance period a repair within scope is identified but the Contracting Officer and Contractor are unable to agree on the cost of the work, a bilateral modification may be incorporated into the contract using a

Time and Materials modification for this specific repair. In this situation, FAR 52.212-4, Alternate I, will be incorporated.

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

(c) This clause is to be used in conjunction with the clause COMPOSITE LABOR RATE incorporated into this solicitation. The Contractor is required to have and/or furnish all tools and equipment incidental to each bench trade. Supplies such as wiping rags, hacksaw blades, sandpaper, welding wire, helium, etc., are also to be furnished by the Contractor 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.

(21) DISCOVERIES AND CHANGES TO CONTRACT:

Work requests can be transmitted electronically by using email. The bullets below display the process of how work requests are to be followed during the availability:

Work Request Process will occur in the following order:

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

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

3. Work Request- WR and IGE are generated by the COR and forwarded to KO

4. COR provides copy of Work Request to the Contractor

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

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

7. Approved Work Request- Forwarded to Contractor and COR by the KO

8. Modification to Contract- The KS/KO will issue a modification covering all WRs

In order to determine price reasonableness: All change requests that list sub-contracting and/or material must have a written proposal from the sub-contractor or the company providing the material with complete, detailed information (listing number of hours/price per hour; each part/component & associated cost; and an estimated shipping cost).

Condition Found Report andChange Orders 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 is 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 will 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:

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

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

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

12. COR provides copy of Change Request to the Contractor

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

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

15. 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.

(22) COMPOSITE LABOR RATE:

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

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

(1) direct labor wages and salaries;

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

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

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

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

(6) profit (fee);

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

Supervision and Management Planning and Estimating

Material Handling Housekeeping

Engineering Transportation/Drivers

Quality Assurance Contract Administration

Security Testing

(8) all consumables;

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

(c) The Quantity of Composite Labor hours indicated in the Schedule of Supplies/Services, is only an estimate and is an Optional Item pursuant to this solicitation. The Estimated Quantity represents the

Government’s best estimate of the total number of additional hours that may be required throughout the contract. The Government may elect to exceed this value at the prices stated in the schedule and its discretion during performance of the contract. The inclusion of this item does not obligate the

Government to exercise the item nor entitle the Contractor to compensation if not exercised.

(23) 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,…