USCGC_WILLIAM_TATE_(WLM_560)_-_COMBINED_SYNOPSIS.pdf

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice, and FAR Subpart 13.5, Test Program for Certain Commercial Items. This solicitation is for an Unplanned Dry Dock Repairs for the United States Coast Guard Cutter (USCGC) WILLIAM TATE (WLM-560). The CUTTER is a 175 Coastal Buoy Tender (WLM), Keeper Class. This announcement constitutes the only solicitation;

quotations are being requested and a separate written solicitation will not be issued. This requirement is issued as a Request for Quotations (RFQ). This RFQ incorporates provisions and clauses are those in effect through Federal Acquisition Circular 05-81 effective April 10, 2015. This requirement is being solicited as a Total Small Business Set-aside using Simplified Acquisition Procedures per FAR Subpart 12.

The Small Business Size Standard for NAICS Code 336611 is 1000 employees. A Firm-Fixed Price Contract for the base items is anticipated. The anticipated award date is on or about April 17, 2015. Work covered by this solicitation shall be completed within (8) calendar days from the date the vessel becomes available to the contractor.

This requirement is for the contractor to provide all necessary facilities, labor, materials, services, equipment, supplies, power, accessories, special tools and other such things as are necessary to perform Dry Dock Repair Services to USCGC WILLIAM TATE in accordance with Section B Schedule of Supplies/ Services and Attachment 1, Specification for Unplanned Dry Dock Repairs FY2015 - Rev-0, dated April 10, 2015. The scope of the acquisition is to dry dock the ship and complete the following definite and possible option work items;

The Work items for this effort are listed below:

Work Item Number

Description Qty and Unit of Issue

D-001 Thruster Unit Seals, Renew 1 LOT D-002 Dry Dock 1 LOT D-003 Temporary Service, Provide – Cutter 1 LOT D-004 Sea Trial Performance, Support, Provide 1 LOT O-00A Composite Labor Rate 75 HR D-00B GFP Report NSP O-00Z Lay Days 5 Days

Period of Performance: April 20, 2015 to April 27, 2015.

Place of Performance: A Contractor’s Facility within the Geographical Restriction of: Restricted to 350 Nautical Miles from vessels home pier of Philadelphia, PA.

Quote Submissions: Quotes are due, April 16, 2015 at 8:00 am Eastern Daylight Time (EDT). Quotes, together with the signed amendment(s), if applicable, must be submitted electronically to michael.d.baltzgar@uscg.mil.

Quotes must be valid for 60 days. No facsimile quotes will be accepted. All quotes must be clearly marked with RFQ No. HSCG85-15-Q-P45G24. Contractors are responsible for verifying receipt of their quotes to this office before offer due date and time.

Each quoter SHALL FURNISH ALL the information REQUIRED by the solicitation, which includes:

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

2. Past Performance Documentation (at least two (2) relevant to scope of work and within three (3) years).

3. Small Business Self Certification for applicable set-aside (i.e.HUBZone, Small Business, SDVOSB, 8(a)) mailto:michael.d.baltzgar@uscg.mil

4. Welding Certifications and Procedures

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

6. Dry Dock Facility Certification

7. Pre-Award Dry Dock Calculations for US Coast Guard Cutter William Tate (WLM 560)

8. List the names of ALL Sub-Contractor’s that your company intends to subcontract for the CLIN

Item(s) listed in the Schedule of Supplies/Services.

9. **ALL Technical Representative Certifications for BOTH PRIME AND SUBCONTRACTORS as specified in the specification

DEADLINE FOR RFQ QUESTIONS: All questions regarding this requirement shall be submitted electronically to Michael Baltzgar, email: Michael.d.baltzgar@uscg.mil and Natalie J. Rodriguez, email:

natalie.j.rodriguez@uscg.mil no later than April 15, 2015 at 8:00 am EDT to allow adequate time to prepare a response. Email is the preferred method of submission.

FAR CLAUSES

The following PROVISIONS AND CLAUSES apply to this acquisition and will be incorporated into any resultant contract.

52.204-7 Systems for Award Management (Jul 2013) 52.204-13 Systems for Award Management - Maintenance (Jul 2013) 52.211-15 Defense Priority and Allocations Requirement (Apr 2008) 52.212-1 Instruction to Offerors- Commercial Item (Addendum below) (Apr 2014) 52.212-4 Contract Terms and Conditions - Commercial Items (Addendum below) (Dec 2014)

52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.223-3 Hazardous Material Identification and Material Safety Data

-Alt 1 (Jan 1997) (Jul 1995)

52.228-5 Insurance – Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013) 52.242-2 Production Progress Reports (Apr 1991) 52.247-34 F.o.b. – Destination (Nov 1991) 52.252-1 Solicitation Provisions Incorporated by Reference, www.arnet.gov and www.acq.osd.mil (Feb1998)

52.252-2 Clauses Incorporated by Reference www.arnet.gov and www.acq.osd.mil

(Feb 1998)

The following PROVISIONS AND CLAUSES apply to this acquisition and will be incorporated by full text.

FAR 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be [ ] DX rated order; [X] DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of Provision)

FAR 52.212-1 Instruction to Offerors-Commercial Items (Apr 2014)- Addendum

To assure timely and equitable evaluation of quotes, offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations mailto:natalie.j.rodriguez@uscg.mil and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale with quote.

The successful offeror will be selected based on an evaluation of quotes as outlined in FAR 52.212-2.

FAR 52.212-2 Evaluation -- Commercial Items (Oct 2014)

The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

1. Past Performance

(a) The Government will evaluate the offerors past performance information for quality and confidence. The offeror shall identify at least two but no more than four relevant (construction, overhaul, repair and alteration of ships) and current federal, state or local government or private contracts performed during the last three (3) years.

If subcontracting arrangement is proposed, the above data must also be provided for each first tier subcontractor. If a joint effort or teaming arrangement is proposed, highlight previous experience with the proposed team or subcontractor.

The past performance evaluation will take into account the guidelines outlined at FAR 15.305(a) (2). The quality of past performance and relevance of experience to the Coast Guard will be evaluated. The ability to manage and maintain a qualified workforce will be considered. Customer satisfaction will be an integral consideration. In evaluating past performance the Government will consider contracts performed during the last 3 years. Emphasis will be placed upon the contractor’s administration of the contractual responsibilities. For example:

(1) Adequacy of contract start up.

(2) Performance in accordance with proposed method of performance.

(3) Sufficiency of proposed personnel to perform contract.

(4) Filling of key positions with qualified individuals.

(5) Quality performance of work.

(6) Response to emergency situations.

(7) Schedule adherence (including administrative aspects of performance.)

(8) Responsiveness to Government requirements.

(9) Performance in accordance with contract requirements.

(10) Customer satisfaction.

(11) Complete submittals.

(12) Timely delivery of paperwork.

(13) Timely and accurate invoice submittals

(14) Quality of drawings.

(15) Knowledge of Customer Requirements and Expectations.

(16) Management and cost control of subcontracts

Following the quality evaluation, the Government will assign an overall confidence rating to each past performance reference, considering both the relevance and quality of the provided reference. The Government will then assign a composite past performance confidence rating for the vendor’s overall past performance, considering the confidence ratings assigned to each individual reference. The confidence evaluation will be in accordance with the following table

Past Performance Quality Rating:

Rating Definition Exceptional Performance meets contractual requirements and exceeds many to the

Government’s benefit. The contractual performance of the element or sub-element being evaluated was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

Very Good Performance meets contractual requirements and exceeds some to the Government’s benefit. The contractual performance of the element or sub-element being evaluated was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

Satisfactory Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being evaluated reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.

Unacceptable Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

Neutral The offeror has no past performance history OR the Contracting Officer has determined that the past performance information provided is not directly related or similar to the requirements in the RFP

(b) The Government may review Contractor Performance Assessment Reporting System (CPARS) ratings on relevant contracts and may also consider Past Performance Information Retrieval System (PPIRS) ratings, regulatory agency databases, past performance questionnaires, information submitted by each Offeror with its quote, and other existing past performance information contained in either local or other supervisor files, or from other Government sources or non-Government sources. Offerors are advised that in evaluating an Offeror’s past performance, the Government may, in its sole discretion, consider information from sources outside the Offeror’s quote. For example, the Government may consider information based on its own experience with the Offeror and/or may contact the parties for whom the Offeror performed contracts and consider their response when evaluating the Offeror’s quote. General trends in a contractor’s performance will also be considered. In the case of an Offeror without a record of relevant past performance, or for whom information on past performance is not available, they will not receive a favorable or unfavorable rating.

The assessment of the Offeror’s Past Performance is one of the factors used for evaluating the Offeror’s ability to successfully perform the requirements of this solicitation as well as to determine the Offeror’s performance risk for the subject solicitation. Such consideration is separate and distinct from the Contracting Officer’s responsibility determination under FAR 9. The Government reserves the right to contact references provided by the Offeror, and otherwise verify statements and representations made in the Offeror’s quote, but reserves the right not to contact.

2. Price – The total price of the offeror will be determined by totaling the proposed prices of all the Definite Items and the Composite Labor Hour extended total, plus lay days and foreseeable costs.

Offeror’s price shall represent the best price in response to the request for quotes. The price shall be evaluated to determine fairness and reasonableness.

Attachment 2 will be reviewed for completeness and reasonableness.

Past performance, when combined is approximately more important than price.

(a) Options. . The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(b) A written notice of award or acceptance of a quote mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote's specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

DISTANCE FACTOR ADJUSTMENT

In accordance with Coast Guard Acquisition Procedures (CGAP) 3017.9001 – Price related factors in the award of vessel repair contracts:

(a) Foreseeable costs in connection with the differences of shipyard locations in the award of any vessel repair contract conducted away from the vessel’s home pier shall be evaluated in all solicitations for contracts exceeding $100,000. At the Contracting Officer’s discretion, all or part of the following list of commonly occurring foreseeable costs shall be evaluated, if applicable, based on the circumstances of each acquisition:

(1) Travel and per diem.

(2) Berthing and/or messing shipboard personnel.

(3) Minimal messing facilities as a contractual requirement.

(4) Family separation allowance for four personnel with dependents on board at $8.33 per day for each personnel for twelve day(s) each when the place of performance is more than fifty (50) driving miles from the home pier of the vessel. *The entitlement is calculated from the date the vessel leaves homeport and ends upon return to homeport. All travel dates will be included in this calculation. See U.S. Coast Guard Pay Manual, Chapter 3, Section G.

(5) Transportation during repairs away from homeport (Joint Federal Travel Regulations. As required by 37 USC 406 b. and Chapter 7, Part F1 of the Joint Federal Travel Regulations (JFTR), on the thirty-first

(31) day of a ship being away from home port, and every sixty (60) days thereafter, all personnel with dependents will be provided round trip coach type airfare to the ship's home pier. There will be no home port visit(s) during the performance of this contract. The vessel has four (9) personnel with dependents onboard. The cost of this airfare will be determined from the official airline guide. The calculation of trips does not include travel time to and from the overhaul place of performance. See Joint Federal Travel Regulations (JFTR), Chapter 5, Part C, paragraph U5222 and Chapter 7, Part F, paragraph U7115.

(6) Costs related to moving vessels. Operating costs shall be included in all solicitations where work will not be accomplished at the vessel's home pier. For vessels 65' in length or greater with a dedicated crew, use the standard rates posted at the following Commandant (CG-832) link:

http://cgweb.comdt.uscg.mil/CG8/CG83/CG832/SCT/Index.htm. For those vessels that do not have a standard rate, the Contracting Officer shall develop a rate for movement of the vessel, which includes at a minimum the cost of fuel. Personnel crew cost is excluded. Documentation in the evaluation of foreseeable cost shall reference each different geographical area (city and state) in which solicited contractors are located. Documentation shall also identify the basis for the foreseeable costs. Mileage shall be calculated in accordance with applicable unit Standard Operating Procedures (SOPs). Any deviation from approved SOPs shall be approved by the Head of the Contracting Activity (HCA) Commandant (CG-91) in advance of any solicitation being issued.

FORESEEABLE COST FACTORS PERTAINING TO DIFFERENT SHIPYARD LOCATIONS

In addition to other evaluation factors for award that may be listed in this solicitation, the Contracting Officer will evaluate certain foreseeable costs to the Coast Guard that will vary with the location of the commercial shipyard to be used by offerors. Costs will be calculated based on the offeror’s shipyard location and these costs will be added, for the purposes of evaluation only, to the offeror’s overall bid price or price proposal. These elements of foreseeable costs consist of the following:

(1) There will be no transportation cost for one U.S. Coast Guard Representative(s) for one round trip between the Contractor's offered place of performance and Philadelphia, PA at the cost of coach-type airfare to be taken from the official airline guide or at a cost of $0.56 per mile if no airline service is available.

(2) If the Contractor's offered place of performance is more than fifty (50) driving miles from Philadelphia, PA, the "Per Diem" expenses for twelve days to support one (1) U.S. Coast Guard Representative(s) while in the city of the place of contract performance will be determined in accordance with the Joint Federal Travel Regulations (JFTR).

(3) Facility costs to navigate vessel between its home pier and the Contractor's offered place of performance (round trip) is $168.44 per nautical mile.

FAR 52.212-3 Offeror Representation and Certifications- Commercial Items (Mar 2015)

See Attachment 3, FAR 212-3 ORCA Representations and Certifications in Full text (Fill in).

FAR 52.212-4 Contract Terms and Conditions- Commercial Items (Dec 2014) Addendum

See Attachment 4, Invoicing Instructions

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (Apr 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

(JUL 2013)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

(AUG 2013)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-28 Post Award Small Business Program Re-representation (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (JAN 2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while

Driving

(AUG 2011)

52.225-1 Buy America- Supplies (MAY 2014) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.232-18 Availability of Funds (APR 1984) 52.232-33 Payment by Electronic Funds Transfer—Central Contractor

Registration

(JUL 2013)

FAR 52.217-7 Option for Increased Quantity - Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the timeframe indicated in the chart below. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

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

(End of Clause)

HSAR CLAUSES

The following HSAR provisions and clauses apply to this acquisition and are incorporated by reference.

The following HSAR provisions and clauses apply to this acquisition and are incorporated by full text.

HSAR 3052.209-70 (PROHIBITION ON CONTRACTS WITH CORPORATE

3052.211-70 Index for Specifications (DEC 2003) 3052.217-90 Delivery and Shifting of Vessel (DEC 2003) 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work

(DEC 2003)

3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility

(DEC 2003)

3052.223-70 Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits

(JUN 2006)

3052.223-90 Accident and Fire Reporting (DEC 2003)

EXPATRIATES) (JUN 2006)

(a) Prohibitions.

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

(b) Definitions. As used in this clause:

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

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

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

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

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

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

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

and

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

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

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

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

(ii) Stock of such entity which is sold in a public offering related to 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.

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

(e) Treatment of Certain Rights.

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

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

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

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 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.

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

(End of clause)

HSAR 3052.209-79 Representation By Corporation Regarding a Felony Criminal Violation Under Any Federal or State Law or Unpaid Federal Tax Liability (Feb 2014) (DHS FAR Class Deviation 14-02)

(a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that:

(1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) The Offeror represents that:

(1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months.

(2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government’s request.

(End of provision)

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:

3052-215-70 Key Personnel or Facilities (Dec 2003) 3052.217-91 Performance (Dec 2003) 3052.217-92 Inspection and Manner of Doing Work (Dec 2003) 3052.217-93 Subcontracts (Dec 2003) 3052.217-94 Lay Days (Dec 2003) 3052.217-95 Liability and Insurance (Dec 2003) 3052.217-96 Title (Dec 2003) 3052.217-97 Discharge of Liens (Dec 2003) 3052.217-98 Delays (Dec 2003) 3052.217-99 Department of Labor Safety and Health

Regulations for Ship Repair (Dec 2003)

3052.217-100 Guarantee (Jun 2006) 3052.228-70 Insurance (Dec 2003) 3052.242-72 Contracting Officer’s Technical

Representative (Dec 2003)

(End of clause)

ADDITIONAL INFORMATION

VOLATILE ORGANIC COMPOUNDS (VOC) REGULATIONS:

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

Certain SIPs may also mandate certain Contractors to operate under the terms of a compliance plan intended to reduce VOC emissions.

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

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

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

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

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

TELEPHONE CHARGE:

The Commanding Officer of the Cutter will pay all toll charges and applicable taxes and surcharges for long-distance telephone calls placed by ship’s personnel. All other charges shall be borne by the Contractor.

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 number as specifically insured.

ACCESS TO VESSEL:

(a) A reasonable number of officers, employees, and associates of the Government, or other prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis. Work hours for the vessel will be discussed at the Arrival Conference. Any work performed outside of those hours will be allowed at the sole discretion of the Contracting Officer.

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.

INDEMNIFICATION FOR ACCESS TO VESSELS:

Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other prime Contractors with the Government and their subcontractors, and officers, employees, and associates of offeror 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.

INSPECTIONS:

Except as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements.

Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract.

The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation.

GROWTH WORK:

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

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

Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the proposal includes a request for a time extension, justification shall be furnished with the proposal.

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

COMPOSITE LABOR RATE:

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

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

(1) direct labor wages and salaries;

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

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

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

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

(6) profit (fee); and

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

Supervision and Management Planning and Estimating Material Handling Housekeeping Engineering Transportation/Drivers Quality Assurance Contract Administration Security Testing

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

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

MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT PROPERTY IN THE

PERFORMANCE OF A SHIP REPAIR CONTRACT:

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

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

3. The Contractor shall complete the report provided herein, entitled, “Government Property Report”. This report is intended as a living document whereby relevant fields shall be filled in, maintained and kept current at all times. All property described in paragraph 1(a and b) above shall be reported on the report.

At contract completion the Contractor and the Property Administrator shall ensure that all fields are appropriately completed. A signature block is provided at the end of the report for both parties to attest to the report's accuracy and completeness. The Government Property Report shall clearly delineate the complete track that all Government property took over the course of the contract. This completed report must accompany the Contractor's final invoice. Final payment may be delayed, without penalty of interest, until such time as the report is received. A separate copy of the completed report and any final DD 1149s or DD 1348s executed, as a result of carrying out disposition instructions shall be provided to the Property Administrator.

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

CONTRACTING OFFICER’S AUTHORITY:

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

CONTRACTOR PERFORMANCE ASSESSMENT REPORT SYSTEM (CPARS):

(a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare an assessment report in the Contractor Performance Assessment Report System (CPARS) in accordance with FAR Subpart 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

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

(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship;

the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract https://www.cpars.disa.mil/ schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.

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

CONTRACT DEFICIENCY REPORT:

The Contracting Officer or Contracting Officer’s Technical Representative (COTR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COTR. The COTR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor, IBCT Technical Representative, the NESU and Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COTR in writing.

(End of Solicitation)