2_ADDENDUM FAR 52a.doc

HSCG89-09-R-65M206

ADDENDA – SCHEDULE OF SUPPLIES/SERVICES – Standard Form 1449, Blocks #19 through 24 (continued)

1. General Scope SERVICES AND EQUIPMENT: The Contractor shall provide all services, management and administration, personnel, equipment, materials, supplies and transportation in accordance with the Performance Work Statement (PWS) for the 14th Coast Guard District.

PRICE ALL INCLUSIVE: The offer must include prices for the Base Year and all Option years listed in section B. Contract work not specifically listed, include but not limited to systems surveillance, deliverables and reports and administrative requirements, are not priced separately and should be included in the appropriate line item price. Line Items 0001 – 0002 are Firm-Fixed price (FFP) BASE Period: 01 JAN 2010 thru 30 SEP 2010

UNIT

EXTENDED

ITEM

DESCRIPTION

SYSTEM

QTY

UNIT

PRICE

AMOUNT

01 Preventative Maintenance Hawaii

Oahu 0001B Sector Hono

NDS

Visit

0001C STA Wahiawa ConsoleNDS Visits

0001E Mt. Kaala

NDS

Visit

0001F Mt. Mauna Kapu

NDS

Visits

0001G Waimanalo Ridge

NDS

Visits

0001H Kawela Ridge

NDS

Visits

Kauai

0001I STA Kauai Console

NDS

Visits

0001J Mt. Kokee

NDS

Visits

0001K Mt. Kilohana

NDS

Visits

Maui

0001L STA Maui Console

NDS

Visits

0001N Mt. Haleakala

NDS

Visit

HAWAII

0001O Hilo Console

NDS

Visits

0001P Kulani Cone

NDS

Visits

Guam

0001Q Sector Guam

NDS

Visits

0001S Nimitz Hill

NDS

Visits

0001V Orote Pt

NDS

Visit

Corrective Maintenance NDS Sites Mo

Service Calls DRAWN DOWN Hr

Not To Exceed Total Hrs. 120

Inventory and Property Management 9 Mo

Government Furnished Property. Maintenance of Property Control System and annual reporting of government furnished property on DHS Form 0700-05 Contractor Report of Government Property (ATTCH 5) .

Repair of Failed

Equipment Replacement of critical spares

DRAWN DOWN Not to Exceed Amount Flat fee (administrative cost see note * below)

NTE

$40,000

0006 Contractor Engineering Work Order (CEWOs)

Hourly

EVALUATED

ESTIMATED

RATE NOT To EXCEED

0006A Straight Time

0006B Overtime 1

0006C Overtime 2

Total Evaluated Price of CLIN 0006

Base period for NAIS sites Apr 01 2010- 30 SEP 2010

0001A Sector Hono

NAIS, NDS

Visit

0001D

NAIS, NDS

Visit

0001M

NAIS, NDS

Visits

0001R Sector Guam

NDS, NAIS

Visit

0001T

NDS, NAIS

Visits

0002A Corrective Maintenance NAIS Sites Mo

( Apr 01 2010- 30 Sep 2010 )

Total Evaluated Price of CLINs 0001- 0006 $

Item Notes:

Item 0001A, 0001D, 0001M, 0001R- 0001T, have NAIS as well as NDS, and since the NAIS work starts April 1, 2010, these items will be performed in Apr 2010.

Line Items 0006 A, B, C: and relative clins to the successive option years: are unfunded. Only the Contracting officer can order services under these line items in accordance with section E. under general clauses paragraph 2, of the contract.

The CEWOs hourly rates include all direct and indirect costs associated with performing a task hour of work including, but not limited to, direct wages, health, and welfare benefits, Federal Income Contribution Act, Federal Unemployment Tax Act, Worker’s Compensation, all federal and state benefits, excise taxes, overhead, general and administrative, and profit.

the sum of paragraphs 1’s line items are for evaluation purposes only, and are not part of the fixed-price portion of the contract.

Line Items 0002 NDS and 0002A for NAIS see for historic data on Corrective Maintenance in TE-9..

* Repair and replacement of failed parts subclins: 0005 and subsequent relative option year repair/replace line items are for reimbursement of the cost of repair and replacement of failed equipment. The contractor is entitled to a shipping and handling charge specific to the cost for the cost to repair or replace as directed by the COTR. The contractor shall reflect on the monthly invoices all costs associated with this subclin. All costs shall be supported by an invoice as an attachment. The contractor shall be reimbursed for actual cost as indicated on the invoice. Payment will be made after the verification by the COTR of the appropriate use of this subclin. Not To Exceed $40,000, the costs are to be drawn down from this NTE amount if balance is below $1000 alert the COTR. Also the flat fee/shipment may be drawn from this amount. Offerors to enter a flat fee which shall be applied to each mailed-out failed piece.

2. General Scope SERVICES AND EQUIPMENT: The Contractor shall provide all services, management and administration, personnel, equipment, materials, supplies and transportation in accordance with the Performance Work Statement (PWS) for the 14th Coast Guard District.

PRICE ALL INCLUSIVE: The offer must include prices for the Base Year and all Option years listed in section B. Contract work not specifically listed, include but not limited to system surveillance, deliverables and reports and administrative requirements, are not priced separately and should be included in the appropriate line item price. Line Items 1001 – 1002 are Firm-Fixed price (FFP)

Option Year 1: 01 OCT 2010 thru 30 SEP 2011

UNIT

EXTENDED

ITEM

DESCRIPTION

SYSTEM

QTY

UNIT

PRICE

1001 Preventative Maintenance Hawaii

1001A Sector Hono

NAIS, NDS

Visit

1001B Sector Hono

NDS

Visit

1001C

Visits

1001D

NAIS, NDS

Visit

1001E

NDS

Visit

1001F

NDS

Visits

1001G

NDS

Visits

1001H

NDS

Visits

1001I STA Kauai Console

NDS

Visits

1001J

NDS

Visits

1001K

NDS

Visits

1001L STA Maui Console

NDS

Visits

1001M

NAIS, NDS

Visits

1001N

NDS

Visit

1001O Hilo Console

NDS

Visits

1001P

NDS

Visits

1001Q Sector Guam

NDS

Visits

1001R

NDS, NAIS

Visit

1001S

NDS

Visits

1001T

NDS, NAIS

Visit

1001U

NDS,

Visit

Corrective Maintenance Hawaii/Guam Sites Mo $

Both NAIS and NDS Service Calls DRAWN DOWN Hr

Not to Exceed Total Hrs. 120

Inventory and property management Mo

Government Furnished Property. Maintenance of Property Control System and annual reporting of government furnished property on DHS Form 0700-05 Contractor Report of Government Property (ATTCH 5)

10005 Repair of Failed

Equipment Replacement of critical spares

DRAWN DOWN Not to Exceed Amount Flat fee (administrative cost see note *)

1006 Contractor Engineering Work Order (CEWOs)

1006A Straight Time

1006B

1006C

Total Evaluated Price of CLIN 10006

Total Evaluated Price of CLINs 1001- 1006 $

3. General Scope SERVICES AND EQUIPMENT: The Contractor shall provide all services, management and administration, personnel, equipment, materials, supplies and transportation in accordance with the Performance Work Statement (PWS) for the 14th Coast Guard District.

PRICE ALL INCLUSIVE: The offer must include prices for the Base Year and all Option years listed in section B. Contract work not specifically listed, include but not limited to system surveillance, deliverables and reports and administrative requirements, are not priced separately and should be included in the appropriate line item price. Line Items 2001 – 2002 are Firm-Fixed price (FFP)

Option Year 2: 1 OCT 2011 thru 30 SEP 2012

ITEM

DESCRIPTION

SYSTEM

QTY

UNIT

PRICE

2001 Preventative Maintenance Hawaii

2001A Sector Hono

NAIS, NDS

Visit

2001B

NDS

Visit

2001C

Visits

2001D

NAIS, NDS

Visit

2001E

NDS

Visit

2001F

NDS

Visits

2001G

NDS

Visits

2001H

NDS

Visits

2001I STA Kauai Console

NDS

Visits

2001J

NDS

Visits

2001K

NDS

Visits

2001L STA Maui Console

NDS

Visits

2001M

NAIS, NDS

Visits

2001N

NDS

Visit

2001O Hilo Console

NDS

Visits

2001P

NDS

Visits

21001Q Sector Guam

NDS

Visits

2001R

NDS, NAIS

Visit

2001S

NDS

Visits

2001T

NDS, NAIS

Visit

2001U

NDS,

Visit

Mo

Both NAIS and NDS Service Calls DRAWN DOWN Hr

Inverntory and Property Control Mo

Government Furnished Property. Maintenance of Property Control System and annual reporting of government furnished property on DHS Form 0700-05 Contractor Report of Government Property (ATTCH 5) .

2005 Repair of Failed Equipment Replacement of critical spares

DRAWN DOWN Not to Exceed Amount

2006 Contractor Engineering Work Order (CEWOs)

2006A Straight Time

2006B

2006C

Total Evaluated Price of CLIN 2006

Total Evaluated Price of CLINs 2001- 2006 $

4. General Scope SERVICES AND EQUIPMENT: The Contractor shall provide all services, management and administration, personnel, equipment, materials, supplies and transportation in accordance with the Performance Work Statement (PWS) for the 14th Coast Guard District.

PRICE ALL INCLUSIVE: The offer must include prices for the Base Year and all Option years listed in section B. Contract work not specifically listed, include but not limited to systems surveillance, deliverables and reports and administrative requirements, are not priced separately and should be included in the appropriate line item price. Line Items 3001 – 3002 are Firm-Fixed price (FFP)

Option Year3: 01 OCT 2012 thru 30 SEP 2013

ITEM

DESCRIPTION

SYSTEM

QTY

UNIT

PRICE

3001 Preventative Maintenance Hawaii

3001A Sector Hono

NAIS, NDS

Visit

3001B

NDS

Visit

3001C

Visits

3001D

NAIS, NDS

Visit

3001E

NDS

Visit

3001F

NDS

Visits

3001G

NDS

Visits

3001H

NDS

Visits

3001I STA Kauai Console

NDS

Visits

3001J

NDS

Visits

3001K

NDS

Visits

3001L STA Maui Console

NDS

Visits

3001M

NAIS, NDS

Visits

3001N

NDS

Visit

31001O Hilo Console

NDS

Visits

3001P

NDS

Visits

3001Q Sector Guam

NDS

Visits

3001R

NDS, NAIS

Visit

3001S

NDS

Visits

3001T

NDS, NAIS

Visit

3001U

NDS,

Visit

Mo

Both NAIS and NDS Service Calls DRAWN DOWN Hr

Inventory and property Management Mo

Government Furnished Property. Maintenance of Property Control System and annual reporting of government furnished property on DHS Form 0700-05 Contractor Report of Government Property (ATTCH 5) .

Repair of Failed Equipment Replacement of critical spares

DRAWN DOWN Not to Exceed Amount

3006 Contractor Engineering Work Order (CEWOs)

3006A Straight Time

3006B

3006C

Total Evaluated Price of CLIN 3006

Total Evaluated Price of CLINs 3001- 3006 $

5. General Scope SERVICES AND EQUIPMENT: The Contractor shall provide all services, management and administration, personnel, equipment, materials, supplies and transportation in accordance with the Performance Work Statement (PWS) for the 14th Coast Guard District.

PRICE ALL INCLUSIVE: The offer must include prices for the Base Year and all Option years listed in Section B. Contract work not specifically listed, include but not limited to systems surveillance, deliverables and reports and administrative requirements, are not priced separately and should be included in the appropriate line item price. Line Items 4001 – 4002 are Firm-Fixed price (FFP)

Option Year 4: 01 OCT 2013 thru 30 SEP 2014

UNIT

EXTENDED

ITEM

DESCRIPTION

SYSTEM

QTY

UNIT

PRICE

4001 Preventative Maintenance Hawaii

4001A Sector Hono

NAIS, NDS

Visit

4001B

NDS

Visit

4001C

Visits

4001D

NAIS, NDS

Visit

4001E

NDS

Visit

4001F

NDS

Visits

4001G

NDS

Visits

4001H

NDS

Visits

4001I STA Kauai Console

NDS

Visits

4001J

NDS

Visits

4001K

NDS

Visits

4001L STA Maui Console

NDS

Visits

4001M

NAIS, NDS

Visits

4001N

NDS

Visit

4001O Hilo Console

NDS

Visits

4001P

NDS

Visits

4001Q Sector Guam

NDS

Visits

4001R

NDS, NAIS

Visit

4001S

NDS

Visits

4001S

NDS, NAIS

Visit

4001T

NDS,

Visit

Mo

NDS and NAIS Service Calls DRAWN DOWN Hr

Inventory and property Management Mo

Government Furnished Property. Maintenance of Property Control System and annual reporting of government furnished property on DHS Form 0700-05 Contractor Report of Government Property (ATTCH 5) .Repair of Failed

Equipment Replacement of critical spares

DRAWN DOWN Not to Exceed Amount Flat fee (administrative cost see note *)

NTE

4006 Contractor Engineering Work Order (CEWOs)

4006A Straight Time

4006B

4006C

Total Evaluated Price of CLIN 40006

Total Evaluated Price of CLINs 40001- 40006$

Total Evaluated Price of base plus all option years CLINs 0001- 40006

A. ADDENDUM FAR 52.212-4, CONTRACT TERMS AND CONDITONS - COMMERCIAL ITEMS (March 2009) ALTERNATE I IS INCORPORATED BY REFERENCE FOR CLINS 0003 AND 0005 AND ALL SUBSEQUENT APPLICABLE OPTION YEAR CLINS.

a Paragraph (a), Inspection/Acceptance: In addition to the remedies outlined in this clause, if the contractor fails to correct the unacceptable conditions, the government reserves the right to deduct the amount of the value of the unacceptable services consistent with the performance requirement summary, Attachment 1 Quality Assurance Surveillance Plan (QASP) and Attachment 2, TE-1 the Performance Requirement Summary (PRS).

b Paragraph (p) Limitation of Liability, is revised to read:

LIABILITY

(1) The Contractor shall be liable for and shall at all times defend, indemnify and hold harmless the Government, its officers, enlisted personnel, agents and employees from and against any all loss, damage or injury, including property damage, personal injury and death, which may be sustained by any person or persons, whether they be employees, agents, or representatives of the parties hereto, or third persons, as a result of the Contractor’s performance of this contract. The Contractor also shall be liable for and shall at all times defend, indemnify and hold harmless the Government, is officers, enlisted personnel, agents and employees from and against any and all public or private environmental claims or liabilities shall include but not be limited to civil and criminal penalties, natural resource damages, response costs, cleanup and remediation, damage to Government and third party property, and any other third party liability.

(2) In the event any such claim or demand is made upon the Government, its officers, enlisted personnel, agents or employees, or in the event any suit therefore is instituted, the Government shall give immediate notice of such claim or suit to the Contractor and will refrain from any payment or demand with respect to such claim or suit without first allowing the Contractor a reasonable opportunity to resolve the claim. The Contractor’s liability under this clause shall include reimbursement to the Government, its officers, enlisted personnel, agents and employees for any judgments, payments or litigation expenses occasioned to them in connection with claims, demands or suits of which notice has been given by the Government.

(3) The Contractor releases the Government, its officers, enlisted personnel, agents and employees from any liability for any loss, damage or injury, which may be sustained by the Contractor in the performance of this contract.

(4) Notwithstanding any other provisions of this clause, the Contractor shall not be liable for or required to defend, indemnify, hold harmless or release the Government, its officers, enlisted personnel, agents and employees for any judgment, payments or expenses arising out of and to the extent of the gross negligence, willful misconduct or criminal acts of the Government, its officers, enlisted personnel, agents or employees.

c PARAGRAPH (u) IS ADDED AS FOLLOWS:

Equal Employment Opportunity - Notice to Employees Working on government Contracts. Contractors are required to post Equal Employment Opportunity (EEO) posters at their worksite in a prominent and accessible place to their employees. You may download these posters at the following website under " posters of special interest to federal contractors:

http://www.dol.gov/osbp/sbrefa/poser/main.htm

B. 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/these address (es):

Federal Acquisition Regulation (FAR): http://www.arnet.gov/far/ Homeland Security Acquisition Regulation (HSAR): http://www.dhs.gov/dhspublic/

1. FAR 52.216-18 ORDERING. (OCT 1995)

Such orders may be issued from: 1 JAN 2010 through 30 SEP 2010.

2. FAR 52.216-19 ORDER LIMITATIONS. (OCT 1995)

Minimum order. (a) less than $10,000.00,

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

(1) in excess of 10 hours:

(2) in excess of 500 hours; 2)760 hours/ 3) 30 calendar days

(d) within 10 days

3. FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

365 days after contract expiration.

4. FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

10 calendar days within expiration of contract.

5. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000)

(a) within 25 calendar days of expiration of the contract … 60 days

(c) 5 years.

6. 52.232-18 AVAILABILITY OF FUNDS.(APR 1984)

7. FAR 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLION

8. FAR 52.245-1 GOVERNMENT PROPERTY

C. THE FOLLOWING HOMELAND SECURITY ACQUISITION REGULATION CLAUSES ARE INCORPORATED BY REFERENCE:

CLAUSE

TITLE

3052.215-70 Key Personnel (Dec 2003)

“Project Manager”” 3052.222-70 Strikes or Picketing Affecting Timely Completion of Contract Work (Dec 2003)

3052.219-70 Small Business Subcontracting Plan Reporting.

3052.222-71 Strikes or Picketing Affecting Access to Affecting Access to a DHS Facility 3052.242-71 Dissemination of Contract Information (DEC 2003)

3052.242-72 Contracting Officer’s technical Representative (Dec 2003)

3052.245-70 Government Property Reports (Jun 2006)

D. GENERAL CLAUSES

1. CONTRACT ADMINISTRATION

The Contract Administrator will be the Contracting Officer or authorized representative located at ISC U.S.Coast Guard Island ESU, Sand Island,

2. EXERCISE OF OPTION(S):

The Coast Guard may unilaterally exercise its option(s) to extend the period of performance under this contract under FAR 52.217-9, OPTION TO EXTEND TERM OF CONTRACT, or exercise its option(s) for continuing performance for any service under FAR 52.217-8, OPTION TO EXTEND SERVICES. Exercise of option(s) is subject to the AVAILABILITY OF FUNDS clause, FAR 52.232-18.”

3. INSPECTION AND ACCEPTANCE:

The Contracting Officer’s Technical Represtative (COTR) will perform inspection and acceptance in accordance with Orders issued against this contract.

4. ADDITIONAL INVOICING INFORMATION:

a The following is provided for informational purposes only, refer to Clause 52.212-4 Contract Terms and Conditions – Commercial Items for specifics.

(1) Submittal of Invoice. The contractor shall submit a single invoice along with one copy at the end of each phase for services performed. The original invoice and one copy shall be forwarded to the following addresses:

Original:

ONE COPY: Commanding Officer

U.S. Coast Guard MLCPAC (fcp-2) Attn: Contracting Officers’ Technical Representative

Attn: KATHRYN RATO USCG ESU Honolulu

Coast Guard Island, Bldg 54 C Sand Island Access Road

Alameda, CA 94501-5100 Honolulu, HI 96819-4326

(2) Proper Invoice. A proper invoice shall have the following information clearly indicated on each invoice. (i) Name and address of the Contractor; (ii) Invoice date and number, (The Contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.); (iii) Contract number, contract line item number and , if applicable the order number; (iv) Description, quantity, unit of measure, unit price, and extended price of the items delivered or services performed.; (v) terms of any discount for prompt payment offered; (vi) Name and address of official to whom payment is to be sent; (vii) Name, title, and phone number, of person to be notified in the event of a defective invoice.; (viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice; (ix) Electronics funds transfer (EFT) banking information; (x) DUNS number recorded on every invoice submitted.

(3) Effective 12 January 2004 Contractors are required to register in the Central Contractor Registration (CCR) system, run by the Department of Defense prior to contract award. If a contractor is not registered in CCR prior to award and the government cannot wait, it has the right to go to the next eligible offeror. The Coast Guard now makes all payments electronically using the CCR system. For more information on CCR and to register online the contractor may visit the CCR website at http://www.ccr.gov/ For inquiry of submitted invoice status check, http://www.fincen.uscg.mil/ All invoices shall be reviewed and certified by the Contracting Officer for payment then forwarded to the paying office. Invoice certification will be based on the COTR review in conjunction with the Inspection clause and the Statement of Work. Under the Inspection of Services clause of this contract, payments may be adjusted if any services do not conform with contract requirements. The Contracting Officer will inform the contractor, in writing, of the type and dollar amount of proposed deductions by the 10th workday of the month following the performance period for which the deductions are to be made.

The contractor may, within 10 working days of receipt of the notification of the proposed deductions, present to the contracting Officer specific reasons why any or all of the proposed deductions are not justified. Reasons must be solidly based and must provide specific facts that justify reconsideration and/or adjustment of the amount to be deducted. Failure to respond, within the 10 day period, will be interpreted to mean that the contractor accepts the deductions proposed.

If the Contracting Officer agrees with the Contractor, a separate invoice covering the disputed amount shall be submitted to the Contracting Officer for certification and forwarding to the paying office.

b Amount Payable Under This Contract

(1) Each month the Government will pay the contractor the monthly contact price for Inventory.

(2) For Preventive maintenance, the Government will pay the contractor for the actual PMs subclin performed during that month.

(3) For Casualty maintenance the Government will pay the contractor for the annual amount divided by 12.

(4) For Service Calls, each month the Government will pay the contractor the per call price for the actual number of Service Calls placed during that month.

(5) For the contract Work Orders (CWO) the Government will pay the contractor the negotiated Firm fixed pre-agreed price based on the statement of work planned by the government, at the contract established labor rate as clin 0006. This firm fixed price shall also include associated materials, transportation costs and applicable administrative fees, the CWO negotiated price shall be paid after work has been completed and accepted by the Coast Guard.

5. CONTRACTOR EMPLOYEES AND VISITORS (POSTAWARD ACCESS TO GOVERNMENT FACILITIES):

All personnel employed by the Contractor (including subcontractors) in the performance of this contract, or any representative of the Contractor entering the Government installation, shall abide by all applicable security regulations and shall be subject to such security checks as may be deemed necessary by the Government. The Government reserves the right to direct the Contractor to remove from performance under this contract any employee for misconduct or security reasons. This will not relieve the Contractor from contract performance, or allow for any equitable adjustment to the contract. Contractor employees shall not receive visitors without the express permission of the Contracting Officer, COTR, or Security Officer. Contractor employees shall not loiter in any working, patron, or otherwise unauthorized area.

6. OTHER GOVERNMENT CONTRACTS OR AGREEMENTS:

The Government may undertake, award, or obtain or enter into, other contracts or agreements for to augment these services. The Contractor shall cooperate fully with such other Contractors, augmentees and Government employees. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other Contractor, augmentee, or Government employees, or with the proper execution of Government business.

7. PLACE OF PERFORMANCE

Services shall be performed at various site locations throughout Hawaii and Guam identified in TE-3

8. GUARANTEED MINIMUM

Consistent with FAR 52.216-22(b), Indefinite Quantity, the Fixed Price Portion of the contract satisfies the minimum order requirements.

9. AUTHORIZED ORDERING OFFICERS:

Only a Contracting Officer from the Maintenance and Logistics Command, Pacific (fcp) located in Alameda California can place Orders under this contract.

10. CONTRACT WORK ORDERS (CWOs)

a. When a CWO is required, the Contracting Officer will provide a Statement of Work with a request for a cost proposal from the Contractor. The statement of work will describe the location and the task(s) to be accomplished; list the equipment or materials to be provided by the Contractor or by the Coast Guard if applicable; list documentation requirements; and specify the required completion date.

b. The Contractor shall submit a proposal within five working days of receipt to the Contracting Officer. The contractor’s proposal shall include labor hours, the associated contract hourly labor rate(s), transportation costs. The repair and failed equipment replacement clin or components of NAIS or NDS exhibit TE-5.1 and 5.2 that price shall be submitted and authorized to use under CLIN 0004 by the COTR or Contracting Officer. Though the inventory the Contractor holds also available for use with CWO’s, entered into CLIN 0004 on the price schedule is the established Material or Administrative handling “charge”/buy and will not include any amount for Profit. The Contracting Officer must authorized all Overtime. The proposal shall provide sufficient detail for the determination of fairness and reasonableness of the price.

c. The Contracting Officer has five working days to begin negotiations with the contractor or accept the proposal. If agreement can not be reached within ten working days, the Coast Guard reserves the right to acquire the services elsewhere. CWOs will be based on the hourly labor rates in Addendum Schedule of Service/Supplies of the Contract. The number of hours and material costs of each order will be negotiated. Upon receiving written approval of the proposal from the Contracting Officer, the Contractor shall perform the ordered work.

d. The CWOs hourly rates shown in Addendum Schedule of Service/Supplies are defined below:

(1) The Straight Time Rate is paid for the first 8 hours in any 24 hour period Monday through Friday.

(2) The Overtime Rate 1 is the rate paid for work in excess of 8 hours in any 24 hour period, Monday through Friday, and any work performed on a Saturday, regardless of the number of hours worked on such Saturday.

(3) Overtime Rate 2 is the rate paid for work performed on a Sunday or on a National Legal Holiday, regardless of the number of hours worked on such Sunday or Holiday.

(4) The appropriate shop rate will be applied to the hours negotiated for each CWO.

e.

All CWOs will be issued by the Contracting Officer applying the rates under the Addendum Price Schedule of Service/Supplies.

d.

All CWOs are subject to the terms and conditions of this contract. This contract shall control in the event of conflict with any CWOs. The terms CWO, Delivery Order and Work Order are interchangeable.

11. PROCEDURES FOR ISSUING CWOs a.

CWOs under this contract will be issued by the Contracting Officer on an OF-347, and shall contain the following information:

(1) Date of order

(2) Contract number and Contract Work Order number

(3) Item number, and description, quantity ordered and contract price

(4) DAFIS document number

(5) Delivery or performance date

(6) Place of delivery or performance

(7) Packaging, packing, and shipping instructions, if any

(8) Accounting and appropriation data

(9) Any other pertinent information b.

A CWO may be placed by written performance directive, or in emergency circumstances, by verbal order. Information described in Paragraph 10.a. above shall be furnished to the contractor at the time of order. An emergency order will be confirmed with a Form OF-347 contract work order within three (3) workdays after a call is placed.

12. MODIFICATION PROPOSALS – PRICE BREAKDOWN

The Contractor, in connection with any proposal submitted for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment and all other costs. The proposal shall cover all work involved in the modification, whether such work was deleted, added or changed. Any item claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification therefore shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer.

13. PHASING-IN/OUT OF EXPIRED CONTRACT

The Contractor warrants at the expiration of the contract, and at no cost to the Government, the Contractor shall assist a successor contractor or the Government, with phase-in/out services to effect an orderly and efficient transition. If the contractor is in possession of any Government property upon expiration of the contract, the contractor shall coordinate the return of Government property with the cognizant COTR.

14. DOCUMENTATION IN SUPPORT OF WAGE ADJUSTMENT CLAIMS (INCREASES AND DECREASES) (SEE FAR CLAUSE 52.222-43):

Contractor shall submit a claim for wage adjustments within 30 days of receiving a new wage determination. The request shall contain the amount claimed, actual or projected contract work hours, actual or projected pay (wage) records, documents supporting impact on fringe benefit costs, documents supporting accompanying costs (payroll taxes). The claim should be submitted on an Excel spreadsheet. The Contracting Officer may not consider any claims for wage adjustments if submitted after the 30 days of receiving the new wage determination.

15. SERVICE CALLS

a Service calls are considered small jobs of short duration, approximately 1 to 4 hours, which can be accomplished at remote high sites and shore sites in conjunction with a Preventive or Corrective Maintenance action. (Note: Service call hours cannot be used for travel time, as that is part of CM or PM action labor.)

b Service Calls are to be provided under the T&M priced portion of the contract and may exceed the 120 labor hours per contract year for NDS or VTS. It is anticipated that the maximum number of hours will be ordered for each system. (Note: The government reserves the right to increase service call hours during a contract year at the contract line item fixed priced hourly rate assigned to that period of performance.)

c Service calls will be issued by the COTR. The COTR and the Contractor's Project Manager or designated representative will discuss the work required and agree, in writing, to the number of hours, commencement and completion dates, list of Government provided supplies and property (if applicable), and the priority of the call as designated by the COTR, before the work is started. The COTR may at the request of the Contractor re-establish priorities if the Contractor anticipates delays or conflicts in schedules or priorities of other work. Each Service call must be dated and signed by both the COTR and Contractor’s representative upon agreement of services to be provided.

d Service calls are labor intensive and normally require travel time. Service calls include services and work required by other Coast Guard units when they are within the Seventh District. The estimated cost to the contractor for consumable supplies for all Service Calls is $500.00 annually. There will be no requirements for lodging with service calls. The COTR will issue Service Calls using Form MLCPACTES-175A.

e The Contractor shall notify the COTR within five working days after each Service Call is completed.

16. TECHNICAL MANUALS

a.

The Coast Guard will provide the Contractor with the technical manuals, drawings and other documents shown in Technical Exhibit 6 in quantities specified. All copies of the manuals, drawings and documents are to be maintained and updated as necessary to keep them current. The Contractor shall return all Coast Guard provided manuals, drawings and other documents to the Contracting Officer’s Technical Representative during the phase out period of the contract, (see Performance Work Statement).

b.

The Coast Guard will provide copies of the manufacturer’s technical manuals for new equipment as it is installed in the system. The number of copies provided will be based on need as agreed to between the Contractor and the Coast Guard.

17. SUBCONTRACTS

a. The Contractor shall obtain the Contracting Officer's approval before placing any subcontract(s) for furnishing materials, services or equipment required under an order issued under this contract.

b. All subcontracts shall be in writing. The Contractor shall provide the Contracting Officer a copy of a standard agreement the contractor intends to use when subcontracting. The agreement shall be submitted within fifteen (15) calendar days after award of the contract and is subject to the approval of the U.S. Coast Guard Contracting Officer. Changes to the standard agreement may be made when the situation requires, and approval is obtained from the Contract Officer.

c. No subcontract placed under this contract shall provide for payment on a cost-plus-percentage-of -cost basis.

d. The Contractor shall substantiate invoices by evidence of actual payment and by daily job time cards or other substantiation approved by the Contracting Officer.

e. The requirements of this paragraph do not apply to items which the Contractor will provide to the Government at fixed rates identified under Addendum Schedule of Services/Supplies, even though the Contractor may subcontract these out.

18.

LICENSES AND PERMITS

The Contractor shall be responsible for obtaining any necessary licenses and permits, Giving all notice and complying with any applicable federal, state, and municipal laws, codes, ordinanes, and regulations in connection with the business carried under this contract.

19 PERIOD OF PERFORMANCE

Base Period:

01 January 2010 through 30 SEP 2010

Option Year 1:

01 OCT 2010 through 30 SEP 2011

Option Year 2:

01 OCT 2011 through 30 SEP 2012

Option Year 3:

01 OCT 2012 through 30 SEP 2013

Option Year 4:

01 OCT 2013 through 30 SEP 2014

20. DOCUMENTATION IN SUPPORT OF WAGE ADJUSTMENT CLAIMS (INCREASES AND DECREASES) (SEE FAR CLAUSE 52.222-43):

The Contractor shall submit a claim for wage adjustments within 30 days of receiving a new wage determination. The request shall contain the amount claimed, actual or projected contract work hours, actual or projected pay (wage) records, documents supporting impact on fringe benefit costs, documents supporting accompanying costs (payroll taxes). The claim should be submitted on an Excel spreadsheet.

21. CONTRACTOR PERFORMANCE EVALUATIONS

a. In accordance with FAR Subpart 42.15, Contractor Performance Information, the contractor’s performance will be evaluated throughout the contract period. The results will be compiled and reported in a Contractor Performance Report for use by this agency and other government agencies for future source selection decisions. The Contracting Officer’s Technical Representative (COTR) and the Contracting Officer will compile the report jointly .The Contracting Officer will forward the report to the contractor for comments. In the case of a contract with option years, an interim report will be completed.

b. The areas to be evaluated are: 1) Quality of Product or Service; 2) Business Relations; 3) Timeliness; and, 4) Meeting SDB Subcontracting Requirements.

c. Each area will be evaluated using the following scale: Outstanding (5), Excellent (4), Good (3), Fair (2), Poor (1) and Unsatisfactory (0).

d. The National Institute of Health (NIH) Contractor Performance System (CPS) shall be used for all performance evaluations. Copies of the reports will be maintained either in the CPS or in hard copy in the official contract file. At this time the CPS does not currently contain an electronic means to retain the level above the Contracting Officer’s review. Therefore, a hard copy of that review will be maintained in the official contract file.

e. The results of the report will be provided to the contractor who will be given a period to thirty (30) days to review and provide comments. All comments will be considered by the Contracting Officer and reviewed in accordance with FAR 42.1503. The report will be marked “Source Selection Information” and safeguarded ‘for official use only’ in accordance with Federal Acquisition Regulation Part 3.104. Since there is a limitation of 2000 characters for each area evaluated, there may be an occasion that all evaluations and comments be manually addressed and maintained in the official contract file. If this is the case, each area will be annotated to contact the cognizant Contracting Officer for all evaluation documentation.

Contractors are highly encouraged to register with the NIH. Registration may be accomplished on-line at https://cpscontractor.nih.gov/. By registering the contractor will receive timely notice of government inputs into the database and the opportunity to respond on-line to all government comments.

22. 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS. (JULY 2005)

(a) Definition. “HUBZone small business concern,” as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror’s base offer. These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for—

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants.

(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

52.219-9 Small Business Subcontracting Plan.

23. FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause—

“Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.

“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

“Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

“Individual contract plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

“Master plan” means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.

“Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

(c) Proposals submitted in response to this solicitation shall include a subcontracting plan that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within 2 weeks. Failure to submit and negotiate a subcontracting plan shall make the offeror ineligible for award of a contract.

(d) The offeror’s subcontracting plan shall include the following:

(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. The offeror shall include all sub-contracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626:

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe.

(ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.

(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.

(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.

(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.

(D) If the Contracting Officer does not receive a copy of the ANC’s or the Indian tribe’s written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.

(2) A statement of—

(i) Total dollars planned to be subcontracted for an individual contract plan; or the offeror’s total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan;

(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);

(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;

(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;

(v) Total dollars planned to be subcontracted to HUBZone small business concerns;

(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and

(vii) Total dollars planned to be subcontracted to women-owned small business concerns.

(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to—

(i) Small business concerns;

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns; and

(vi) Women-owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Central Contractor Registration database (CCR), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in CCR as an accurate representation of a concern’s size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of CCR as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with—

(i) Small business concerns (including ANC and Indian tribes);

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns (including ANC and Indian tribes); and

(vi) Women-owned small business concerns.

(7) The name of the individual employed by the offeror who will administer the offeror’s subcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $550,000 ($1,000,000 for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

(10) Assurances that the offeror will—

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan;

(iii) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov.