RFQ 70Z08522QP01639200 MUNRO Q4 FY22.pdf

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and FAR Subpart 13.5 procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(A) The solicitation number is 70Z08522QP01639200 and is issued as a Request for Quotation

(RFQ).

(B) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-06 effective May 1, 2022, Department of Homeland Security Acquisition Regulation (HSAR) effective May 2, 2022, Homeland Security Acquisition Manual (HSAM) 2022-02 effective March 31, 2022, Coast Guard Acquisition Procedures (CGAP) 2017-02 effective September 29, 2017, FAR Class Deviation 14-01 (12/8/2014), FAR Class Deviation 2022-02 Rev 1 (OCT 2021) and FAR Class Deviation 2020-05 Rev 2 (DEC 2020).

(C) This solicitation is issued as a 100% Set-Aside for Small Business. The North American Industry Classification System (NAICS) code 336611 applies to this RFQ, and the small business size standard is 1,250 employees.

(D) List CLINS, item descriptions, quantities and units of measure:

Please see the attached for the Schedule of Services and Unit Prices Attachment #1.

(E) Description/Statement of Work/Specification:

The United States Coast Guard (USCG) shall be for DOCKSIDE repairs to the items as specified in Attachment 2 – Statement of Work (SOW) - Specification. The contractor shall provide all labor, materials, equipment, etc. necessary to meet the requirements of the specification.

(F) Date(s) and place(s) of delivery and acceptance:

The period of performance for this contract is 26 July 2022 to 18 October 2022. The place of performance for this service is USCG Base Alameda, Coast Guard Island, Alameda CA 94501-5000

(G) FAR Provision 52.212-1, Instructions to Offerors—Commercial, is incorporated by reference and applies to this acquisition. Please see the attached RFQ terms and conditions for the submission requirements.

(H) Evaluation:

For the evaluation criteria, please see the attached RFQ terms and conditions.

(I) Offerors are required to include a completed copy of FAR Provision 52.212-3, Offeror Representations and Certifications—Commercial Items, with its Alternate I, with their offer.

Offerors may complete this online at SAM: www.sam.gov . An offeror must state in their offer if they completed FAR 52.212-3 with Alternate I online and that is it up-to-date and valid.

(J) FAR Clause 52.212-4, Contract Terms and Conditions—Commercial Items (NOV 2021) applies to this acquisition. Please see the attached RFQ terms and conditions for its Addendum.

(K) FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (MAY 2022) is incorporated by reference and applies to this acquisition. Please see the attached RFQ terms and conditions that are applicable to the acquisition.

(L) A statement regarding any additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices:

N/A.

(M) The Defense Priorities and Allocations System (DPAS) and assigned ratings are not applicable to this solicitation.

(N) Date, time and place offers are due.

Quotes/Offers are due by 10 Jun 2022, 1:00 PM Pacific Time.

Submit offers to the following mailing address or e-mail address, by the offer due date and time:

U.S. Department of Homeland Security United States Coast Guard, Surface Forces Logistic Center (SFLC), Base Alameda Coast Guard Island, Bldg. 55, Code CPD2 LRE Alameda, CA 94501-5100 Attn: Wayne Gutman and Marcella Brown Via e-mail to Wayne.M.Gutman@uscg.mil and Marcella.V.Brown@uscg.mil

(O) Any and all questions regarding this solicitation shall be submitted in writing to the Contract Specialist at Wayne Gutman at Wayne.M.Gutman@uscg.mil and Contracting Officer Marcella V. Brown at Marcella.V.Brown@uscg.mil no later than 01 June 2022, 10:00PM Pacific Time.

After this date, further requests may not be accepted due to time constraints. For questions regarding this solicitation, please contact the Contract Specialist or the Contracting Officer. All requests should identify the solicitation number 70Z08522QP01639200.

Site Visits/Ship Check will be held on NLT 26 May 2022, 10:00 AM Pacific Time for this project. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Any interested parties who would like to visit the site shall contact LTJG Erik Hollenbeck who can be reached at (510) 437-3343 or via email at Erik.J.Hollenbeck@uscg.mil to arrange access.

Unannounced visitors will not be allowed on site.

USCG MUNRO (WMSL 755)

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NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation.

OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S.

Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed.

To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

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This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.6 and Subpart 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. Solicitation number 70Z08522QP016392 is issued as a Request for Quotations (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-06 effective May 1, 2022, Department of Homeland Security Acquisition Regulation (HSAR) effective May 2, 2022, Homeland Security Acquisition Manual (HSAM) 2022-02 effective March 31, 2022, Coast Guard Acquisition Procedures (CGAP) 2017-02 effective September 29, 2017, FAR Class Deviation 14-01 (12/8/2014), FAR Class Deviation 2022-02 Rev 1 (OCT 2021) and FAR Class Deviation 2020-05 Rev 2 (DEC 2020).

NORTH AMERICAN INDUSTRY CLASSIFICATION STANDARD CODE:

The applicable North American Industry Classification Standard Code is 336611. The small business size standard is 1,250 employees. This solicitation is issued as a 100% Total Small Business Set- Aside. All responsible small business sources may submit a quotation, which shall be considered by the agency.

It is anticipated that one (1) firm fixed price contract will be awarded as a result of this synopsis/solicitation.

The following documents are attached:

Attachment 1: Schedule of Services Attachment 2: Statement of Work – Specification Attachment 3: Non-Disclosure Agreement – DHS Form 11000-6 Attachment 4: Government Property Report Attachment 5: Environmental Compliance Requirements

AGENCY INFORMATION:

Wayne Gutman Contract Specialist

(832) 709-3439 Wayne.M.Gutman@uscg.mil

Marcella Brown Contracting Officer

(510) 437-5420 Marcella.V.Brown@uscg.mil

LTJG Erik Hollenbeck Contracting Officer’s Representative

(510) 437-3343 Erik.J.Hollenbeck@uscg.mil

PERIOD OF PERFORMANCE: The period of performance for this contract is 26 July 2022 to 18 October 2022. Contractors that have this capability are invited to submit quotations in accordance with the requirements stipulated in this solicitation.

PLACE OF PERFORMANCE: USCG Base Alameda, Coast Guard Island, Alameda CA 94501-5000

REQUEST FOR DRAWINGS:

The last day to request drawings regarding this solicitation is 26 May 2022. After this date, further requests may not be accepted due to time constraints. To request drawings, contact the Contract Specialist and Contracting Officer. All requests should identify the solicitation number 70Z08522QP016392. Some references listed in the Specification, under "Consolidated List of References," are subject to Export Control limitations or have otherwise restricted distribution, and have been deemed "limited access" and "export controlled" packages. In order to access these documents, vendors must be certified as a US or Canadian contractor by the Joint Certification Program (JCP) administered by the Defense Logistic Information Service (DLIS). Instructions and procedures for being certified by JCP can be found at https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/. Only those vendors that have current certification by JCP will be able to be granted explicit access to these packages by the USCG.

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Requests for drawings, to include the Joint Certification Program number and fully completed Attachment (3), Non-Disclosure Agreement, must be submitted to Wayne Gutman Wayne.M.Gutman@uscg.mil and Marcella Brown Marcella.V.Brown@uscg.mil no later than 1200 PT 26 May 2022.

QUESTIONS: Questions regarding this solicitation shall be submitted by 01 June 2022 at 10:00 PT. After this date, further requests may not be accepted due to time constraints. For questions regarding this solicitation, please contact the Contract Specialist or the Contracting Officer. All requests should identify the solicitation number 70Z08522QP016392.

SUBMISSION OF QUOTES: E-mail quotations shall be sent to the Contract Specialist and Contracting Officer. Please indicate 70Z08522QP016392 in the subject line. Contractor must affirm that the pricing provided from the quote shall be valid up to the date of contract award. Quotes shall be submitted by 10 June 2022, no later than 1:00 PM PT.

Send each Part in a separate email labeled as follows:

70Z08522QP01639200 Part I, Factor 1 – Technical Capability [insert Company Name] 70Z08522QP01639200 Part II, Factor 2 – Past Performance Information [insert Company Name] 70Z08522QP01639200 Part III, Factor 3 – Price Proposal from [insert Company Name] 70Z08522QP01639200 Part IV – Responsibility Documents from [insert Company Name]

Statement of Requirement The proposed contract to be awarded by the United States Coast Guard (USCG) shall be for DOCKSIDE repairs to the USCG MUNRO (WMSL 755) as specified in Attachment 2 – Statement of Work (SOW) - Specification.

The contractor shall provide all labor, materials, equipment, etc. necessary to meet the requirements of the specification. All quotes submitted in response to this solicitation shall stand firm for 120 calendar days from the close date of the solicitation.

The following clauses, provisions, and addenda applies to this acquisition:

52.212-1 Instructions to Offerors - Commercial Items NOV 2021

Clause 52.212-1 reads as follows:

Instructions to Offerors—Commercial Products and Commercial Services (Nov 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

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(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation

(FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more

70Z08522QP01639200

favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone

(202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

70Z08522QP01639200

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600

EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR SubPart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

The provision at Federal Acquisition Regulation (FAR) 52.212-2 Evaluation of Commercial Items (NOV 2021) is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 13.106-2 based on the criteria listed below.

Evaluation Criteria

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The Government will award a contract resulting from this solicitation to the responsible contractor whose quote is the most advantageous best value to the Government, price and non-price factors considered. The following factors shall be used to evaluate quotes:

A. Technical Capabilities B. Past Performance C. Price

Technical Capabilities:

Technical Acceptability will be evaluated to determine an overall rating. This will be determined by evaluating the ability of the contractor to provide a sound, compliant approach that meets all requirements listed in the Specification and demonstrates a thorough knowledge and understanding of the requirements.

It is the contractor’s responsibility to ensure that their quote clearly demonstrates their ability to perform these requirements. All contractors must provide the following minimum information and documentation with their quotes to be considered technically acceptable:

Technical Approach (Factor I):

Technical Evaluation Factors

Technical Approach

Submit a legible Planning Document (PD) with the following characteristics:

Graphical in format Shows overall period of performance for each CLIN, with start and stop dates of major sub-tasks.

Contains due dates for Critical Inspection Reports (CIR) and any events requiring Coast Guard Inspector presence.

Identifies all work item time periods that require OEM Tech Rep assistance.

Identifies the critical paths for the project.

Shows calculations for the float along the critical paths and labels the critical paths with the number of delay days the critical paths can absorb without affecting the final delivery date.

Shows start/finish or finish/start relationships and dependences for all tasks that have work constraints or require coordination of work activities.

Past Performance (Factor II):

Past performance will be evaluated in accordance with the above 52.212-1 and FAR 13.106-2(b)(3). The Government reserves the right to limit or expand the number of references it decides to utilize in determining past performance within the last two years at time of solicitation closing date. Any past performance ratings less than satisfactory may not be considered for award.

Price (Factor III):

The contractor shall provide pricing as requested in Attachment 1, Schedule of Services 70Z08522QP016392. Contractor’s price shall represent the best price in response to the request for quote.

The price shall be evaluated to determine fairness and reasonableness. 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).

70Z08522QP01639200

Evaluation Method The Government will evaluate proposals using a tradeoff process to determine the best overall value and consider award to other than the lowest priced offeror or than the highest technically rated offer. The relative importance of technical and past performance combined, are more important than cost or price. The evaluation factors above are the mandatory minimum requirement for eligibility for evaluation. Failure to comply with the requirement may lead to outright rejection of the quote. The Government reserves the right to make award without holding discussions.

Quoters are required to include a completed copy of the provision at FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (NOV 2021) with Alternate I (NOV 2021)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (End of Provision)

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items (NOV 2021), applies to this acquisition and includes the following addenda:

(c) Changes – ship repair

(1) The Contracting Officer may, at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract, in any one or more of the following:

(a) Drawings, designs, or specifications, when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications;

(b) Method of shipment or packing;

(c) Place of performance of the work;

(d) Time of commencement or completion of the work; and

(e) Other requirements within the general scope of the contract.

(2) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract accordingly.

(3) The contractor must submit any proposal for adjustment under this clause within 5 days from the date of receipt of the written order. At the Contracting Officer's discretion, the 5-day period may be shortened.

However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(4) If the contractor's proposal includes the cost of property rendered obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(5) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the contractor from proceeding with the contract as changed.

(w) Required Insurance Prior to start of performance, 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 3052.217-95, DOCKSIDE REPAIRS

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Liability and Insurance, and 3052.228-70, Insurance the Contractor shall furnish the Contracting Officer with proof of insurance for the duration of the contract, including:

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

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

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

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

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

(x) Change Request (CR) – Growth Work

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

This clause applies to Change Requests (CR), also known as growth and emergent work ordered by the Contracting Officer pursuant to the Changes clause. The Contractor shall perform the CR at the labor billing rates designated in the Schedule, as described in paragraph (2) of this clause. All growth work shall be paid at the prices stated in the Schedule.

(2) The CR composite labor rate is a flat, hourly rate used to price direct production labor hours.

Contractors shall provide a detailed breakdown that fully supports the quoted CR composite labor rate. The CR composite labor rate shall be burdened to include the cost of direct production labor, all associated indirect costs, and profit/fee as described below:

a. Direct production labor is defined as work that is directly related to the alteration, modification, and repair tasks performed directly on, or in direct support of, components or systems identified in the CR or elsewhere in the contract. Examples of direct production labor include the following: abrasive cleaning/water blasting, tank cleaning, welding, burning, brazing, blacksmithing, machining (inside and outside), carpentry, electrical/electronic work, crane operation, shipfitting, lagging/insulating, painting, boilermaking, pipe fitting, engineering (production), sheetmetal work, installation and removal of staging/scaffolding, rigging, material handling (shop to ship and within the worksite in support of labor task), set-up (moving tools and equipment from shop to ship to perform a task), fire watch, general labor (including general support of journeyman tasks), cleaning (including debris pickup and removal), and pattern making.

b. Indirect costs are defined as all non-direct production costs and support functions, defined as functions that do not directly contribute to the alteration, modification, or repair of the item or system identified.

Examples of indirect costs include the following: planning, estimating, supervision, management, ship superintendent functions, clerical, surveying, security, transportation, supervision, labor costs, worker-compensation, taxes, inventory control, warehousing, licensing, insurance, all other support items and functions, fixed asset costs, rentals on items normally owned as fixed assets such as tools and hand operated power tools, electrical generators and compressors for operating tools (for drydocks), jigs and fixtures fabricated and used in shop to support production functions, security, contractor facility upkeep and utilities, workman’s compensation, taxes, office supplies, etc.

c. Direct consumables and expendables: supply items, manufactured or procured by the Contractor that are consumed or expended in conjunction with direct production (e.g. rags, gloves, respirators/masks, etc.)

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(3) Detailed pricing for the following shall be priced and itemized separately to include all costs and profit/fee as described below and shall not be included in the CR composite labor rate:

a. Direct materials: supply items, manufactured or procured by the Contractor, that are installed in conjunction with direct production, or are otherwise turned over to the Coast Guard (e.g. plate, angle iron, welding rods, paint, pumps, motors, engine and gearbox oil, engine jacket water, etc.)

b. Direct subcontracted services: direct production service items and procured by the Contractor to support the contract (e.g. gas-free engineering services, rented crane services, rented temporary air conditioning units and other rented tools not normally owned as fixed assets, etc.)

(4) CRs do not include replacement work performed pursuant to HSAR 3052.217- 92 Inspection and Manner of Doing Work clause or HSAR 3052.217-100 Guarantees clause.

(5) It is the Government's intention to award any growth work identified during the contract performance period to the contractor, if a fair and reasonable price can be negotiated for such work, based on Schedule rates.

If a fair and reasonable price cannot be negotiated, the Government may, at its discretion, obtain services outside of the contract. Such services may be performed while the ship is undergoing repair in the contractor's facility pursuant to the Access to Vessels clause.

(6) Change Requests shall be transmitted electronically via email. The bullets below display the process of how change requests are to be followed during the availability:

CR Process will occur in the following order:

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

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

c. Change Request- CR and IGE are generated by the COR and forwarded to KO

d. COR provides copy of Change Request to the Contractor.

e. Contractor’s Quote- Provided to the KO for the identified tasking on CR

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

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

h. Modification to Contract- The KS/KO will issue a modification covering all CR’s.

(7) The contractor shall submit to the Contracting Officer the following information in all CR quotes:

a. The number of direct production labor hours that will be used to accomplish the tasks specified in the CR.

b. A list of each direct material, direct subcontracted service, and direct consumable and expendable item that will be used to accomplished the CR, and a corresponding price for each item. The Contracting Officer may request evidence in support of the offered prices such as material receipts and quotes received from subcontractor.

c. Any proposed changes to the Schedule of Work.

(8) The contractor shall not be entitled to payment for any hours ordered pursuant to this clause until such time as a written contract modification is executed.

(y) Schedule of work

1. Notwithstanding other requirements specified in this contract, the contractor shall provide to the

Contracting Officer and COR the following documents within three (3) working days of the vessel's arrival at the contractor's facility for dockside availabilities and at the arrival conference for dockside availabilities:

a. Production Schedule.

b. Work Package Network.

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c. Total Manpower Loading Curve.

d. Trade Manning Curves.

e. Subcontracting List.

2. The Production Schedule shall list the earliest, latest, and scheduled start and completion date for each work item awarded and shall identify the critical path. The Work Package Network shall show the work items, milestones, key events, and activities and shall clearly identify the critical path. The Total Manpower Loading Curve shall show the required manning for the duration of the contract.

The Trade Manning Curves shall show the required manning for each trade for the duration of the contract. The Subcontracting List shall show work items, milestones, key events, and activities to be accomplished by subcontractors.

3. Additional Item Requirements ordered and agreed upon, whether or not yet formalized via a change order (contract modification), shall be added to the Production Schedule, Trade Manning Curves, and Subcontracting List and submitted to the Contracting Officer and COR at each weekly Progress Meeting. Any anticipated or unanticipated deviation (greater than two (2) calendar days) from the Production Schedule shall be immediately brought to the attention of the Contracting Officer and COR.

4. Any deviation in the Production Schedule which results in a delay in the completion of work on a vessel past the established performance period completion date may entitle the Government to remedies for late performance under subparagraph (f) of this clause titled Excusable delays.

(z) Access to the Vessel

(1) As authorized by the Contracting Officer, a reasonable number of officers, employees and personnel designated by the Government, or representatives of other contractors and their subcontractors shall have admission to the facility and access to the vessel at all reasonable times to perform and fulfill their respective obligations to the Government on a noninterference basis. The contractor shall make reasonable arrangements to provide access for these personnel to office space, work areas, storage or shop areas, and other facilities and services reasonable and necessary to perform their duties. All such personnel shall comply with contractor rules and regulations governing personnel at its shipyard, including those regarding safety and security.

(2) The contractor further agrees to allow a reasonable number of officers, employees, and designated personnel of quoters/offerors on other contemplated work, the same privileges of admission to the contractor's facility and access to the vessel(s) on a noninterference basis, subject to contractor rules and regulations governing personnel in its shipyard, including those regarding safety and security.

(3) Hot work is authorized between the hours of 0800-1700 Monday through Friday. Necessary waivers/deviations should be requested to the Contracting Officer. Loud industrial work is not authorized on Sundays during the period of performance.

(aa) Temporary Services

(1) Temporary services are services incidental to the performance of work which are required in the schedule or specifications to be provided by the contractor. Temporary services may include the furnishing of water, electricity, telephone service, toilet facilities, garbage removal, and office space, parking places or similar facilities.

(2) If performance time is extended due to Government-caused delay, the contractor may request an equitable adjustment for providing temporary services at the rate stated in the Schedule.

(ab) Contract Deficiency Report The Contracting Officer or Contracting Officer’s Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments

DOCKSIDE REPAIRS

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to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing.

(ac) Option for Increased Quantity – Separately Priced Line Item The Government may require the performance of the numbered line items, identified in the Schedule as option items, at the unit prices stated in the Schedule. The option quantities shown in the Schedule are estimates only.

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

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

(ad) Facility Access Instructions for USCG Base Alameda A. For access to USCG Base Honolulu or Coast Guard Island, Alameda, the contract shall have

RAPIDGate credentials. All personnel that need access to the base, such as on-site personnel, subcontractors (including second and third-tier subcontractors) and suppliers will need RAPIDGate credentials. This process must be completed prior to the start of work. Therefore, the Contractor shall begin the RAPIDGate registration process no less than 45 calendar days before on-site work is to commence. For enrollment into the RapidGate program for base access privileges, information can be found at www.rapidgate.com or by calling the RAPIDGate program at 1-877-727-4342. Please note that all costs associated with registration and participation in the RAPIDGate Program is at the sole expense of the contractor.

B. The Contractor shall provide a list of all on-site personnel, sub-contractors (including second and third tier subcontractors), and suppliers, to the contracting officer and Contracting Officer’s Representative no less than 30 calendar days before on-site work is to commence. The Contractor shall update this list when changes occur and ensure all personnel satisfy base access standards, and have RAPIDGate credentials.

C. Contractor personnel not listed and without RAPIDGate credentials may be denied access to the Coast Guard Facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the Coast Guard Facility. Contractor personnel shall have photo identification at all times while working on Coast Guard facilities. Special identification requirements may be needed to obtain the RAPIDGate credentials.

D. Contractor and delivery personnel may be required to present personal photo identification to gain access to a Coast Guard installation. Valid forms of identification are current passport or driver’s license that meet Real ID Act requirements. The Real ID Act of 2005 established minimum security standards for license issuance and production and prohibits Federal agencies from accepting, for certain purposes, driver's licenses and identification cards from states not meeting the Act's minimum standards. Anyone requiring access to a military facility under this contract, to include subcontractors, who holds a driver's license from any state without approved licenses will be required to provide identification other than that driver's license to gain access. Government IDs annotated with "Federal

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Limits Apply" will not be accepted for access purposes. It is the responsibility of the Contractor to ensure that their personnel have federally acceptable personal photo identification and comply with any other requirements for base access. TWIC and DBIDS identification cards are not sufficient forms of identification for access to Coast Guard Island, Alameda.

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

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

Please contact the Port Engineer, LTJG Erik Hollenbeck, at (510) 437-3343, or by email at Erik.J.Hollenbeck@uscg.mil for additional information and processes on base access protocols.

(ae) Environmental Compliance Requirements USCG Base Alameda The items below are to inform Base tenants and contractors of the many environmental requirements while working onboard Base Alameda. The items below represent the most common areas but are not all encompassing:

Garbage:

• Blue dumpsters & fenced refuse sorting areas on the pier are for Coast Guard use only

• Additional dumpsters must be covered at all times Hazardous Materials:

• Hazardous materials shall be stored, labeled, and segregated properly

• Inventories of hazardous materials must be maintained & accessible at all times

• Liquid hazardous material shall have secondary containment Hazardous Waste:

• Hazardous waste cannot be stored in quantities greater than 55 gallons per waste stream at single location (This applies to containers’ volume even when not full)

• A minimum of 5 days prior notification is required for hazardous waste offloads

• All hazardous waste manifests shall be signed by the Base Alameda Hazardous Materials Coordinator Please contact DC1 Adam Brown at 510-437-3288 or Adam.M.Brown@uscg.mil, or LT Wes Agee at 510- 437-2953 or Wesley.M.Agee@uscg.mil for scheduling Air:

• Maintain a record of hours ran and fuel consumed for portable equipment >50HP

• Equipment operating record shall be made available at all times

• Portable equipment shall have secondary containment Water:

• No contaminants can enter the estuary.

• No soaps or detergents can be used unless captured & properly disposed

• Equipment may not be hosed off or…