Solicitation_70Z08524QLREP0009_18APR2024.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

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

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

70Z085

70Z085 CPD 2 - Baltimore, MD Commander, USCG-SFLC-CPD 2, 2401 Hawkins Point Road Baltimore, MD, 21226, US

See Schedule

See Schedule

336611

1300 employees

70Z08524QLREP0009

04/18/2024

05/17/2024 17:00 CAP, Mr. MARK

70Z085

Same As Issuing Office

Z51800

USCG FINANCE CENTER

FINANCE CENTER USCG, 1430A KRISTINA WAY

CHESAPEAKE, VA, 23326-1000, US

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

See Schedule

70Z08524QLREP0009

TABLE OF CONTENTS:

1. Listing of Incorporated Purchase Requisitions

2. Section B - Supplies or Services and Prices/Costs

3. Section C - Description/Specifications/Work Statement

4. Section D - Packaging and Marking

5. Section F - Delivery or Performance

6. Section G - Contract Administration Data

7. Section H - Special Contract Requirements

8. Section I - Contract Clauses

9. Section J - List of Documents, Exhibits, and other Attachments

10. Section K - Representations, Certifications, and Other Statements of Offerors

11. Section L - Instructions, Conditions and Notices to Offerors

12. Section M - Evaluation Factors for Award

1. Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

2. Section B - Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 CGC STONE FY24 DockSide Repair Services.

1 DO

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

The Contractor shall perform dockside repairs to the United States Coast Guard Cutter (USCGC) STONE (WMSL-

758) in accordance with this solicitation, specifications and with each issued Task Order. Scope of work shall include all ship maintenance repair, and associated support work as required to repair USCGC STONE, to be specified via task order. Ordering period for this contract will be from date of award through 30 July 2024. First task order's period of performance will be from 30 July 2024 through 22 October 2024. Place of performance will be at the cutter's home port in North Charleston, South Carolina. Funds will be awarded with each task order and will be subject to the availability of funds. See Attachment B- STONE Price Schedule.

Purchase Requisitions

IDC Type: Not Applicable FSC Codes: J998 NON-NUCLEAR SHIP REPAIR (EAST) NAICS Code: 336611 Ship Building and Repairing

Clauses incorporated by reference

None

Clauses incorporated by full text

None

3. Section C - Description/Specifications/Work Statement

Clauses incorporated by reference

None

Clauses incorporated by full text

Specifications Please see Specifications, titled "A-SPECIFICATIONS- STONE (WMSL 758)"

4. Section D - Packaging and Marking

None

Clauses incorporated by reference

None

Clauses incorporated by full text

None

5. Section F - Delivery or Performance

None

Clauses incorporated by reference

Article Number Reference Text

52.242-15 52.242-15 STOP-WORK ORDER (AUG 1989)

52.247-55 52.247-55 F.O.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY

(JUNE 2003)

Clauses incorporated by full text

Ombudsman Language

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.

(End of Ombudsman Language)

6. Section G - Contract Administration Data

Requesting Office Address

52000 SFLC LONG RANGE ENFORCER PL

SURFACE FORCES LOGISTICS CENTER USCG

2401 HAWKINS POINT RD

BALTIMORE MD 21226-5000

Phone: 302/893-6684 Fax:

Contact Details:

KOLB, ERIC CHRISTOPHER

Eric.C.Kolb@uscg.mil

Property Administration Office Address

52000 PROP SFLC COMMAND STAFF

SURFACE FORCES LOGISTICS CENTER USCG

2401 HAWKINS POINT RD

BALTIMORE MD 21226-5000

Phone: 302/893-6684 Fax:

Contact Details:

KOLB, ERIC CHRISTOPHER

Eric.C.Kolb@uscg.mil

COR Office Address

52000 COR SFLC LONG RANGE ENFORCER PL

2401 HAWKINS POINT RD

BALTIMORE MD 21226-5000

Phone: 802/558-2014 Fax:

Contact Details:

DUFFY, JACK FRANCIS

Jack.F.Duffy@uscg.mil

Issuing Office Address 70Z085 CPD 2 - Baltimore, MD Commander

USCG-SFLC-CPD 2

2401 Hawkins Point Road Baltimore MD 21226 Phone: Fax:

Contact Details:

CAP, Mr. MARK mark.cap@uscg.mil

Payment Office Address

USCG FINANCE CENTER

FINANCE CENTER USCG

1430A KRISTINA WAY

CHESAPEAKE VA 23326-1000

Phone: Fax:

Contact Details:

Clauses incorporated by reference

None

Clauses incorporated by full text

Electronic Submission of Payment Requests (FSMS Awards)

(I) Electronic Submission of Payment Requests (FSMS Awards) (a) Definitions. As used in these instructions - (1) "Payment request" means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation.

The payment request must: comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided. (b) Except as provided in paragraph (c) of this clause, the contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site. (c) The contractor may submit payment requests using a method other than IPP only when the contracting officer authorizes alternate procedures in writing in accordance with Coast Guard procedures. (d) If alternate payment procedures are authorized, the contractor shall include a copy of the contracting officer's written authorization with each payment request. (e) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/

(End of Electronic Submission of Payment Requests)

7. Section H - Special Contract Requirements

Clauses incorporated by reference

None

Clauses incorporated by full text

INSPECTIONS

Except as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract.

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

(End of clause)

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 24 hours 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 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.

(End of clause)

MAINTAINING, REPORTING, AND DISPOSING OF GOVERNMENT PROPERTY IN THE PERFORMANCE OF A SHIP

REPAIR CONTRACT

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

2. The items listed in the specification, as government furnished property will be provided in the quantities designated.

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

Such irregularities shall be immediately reported to the Property Administrator.

3. The Contractor shall complete the report provided herein, entitled, "Government Property Report". This report is intended as a living document whereby relevant fields shall be filled in, maintained and kept current at all times. All property described in paragraph 1 (a. and b.) above shall be reported on the report. At contract completion the Contractor and the Property Administrator shall ensure that all fields are appropriately completed. A signature block is provided at the end of the report for both parties to attest to the report's accuracy and completeness. The Government Property Report shall clearly delineate the complete track that all Government property took over the course of the contract. This completed report must accompany the Contractor's final invoice. Final payment may be delayed, without penalty of interest, until such time as the report is received. A separate copy of the completed report and any final DD 1149s or DD 1348s executed, as a result of carrying out disposition instructions shall be provided to the Property Administrator.

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

(End of clause)

TELEPHONE CHARGE

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

(End of clause)

CONTRACTING OFFICER'S AUTHORITY

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

(End of clause)

CONTRACTOR PERFORMANCE EVALUATION

(a) The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offerors' past performance of task orders under this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the task order under this contract, the contractor will be notified of the assessment.

The contractor will be allowed 60 days to respond to the SLFC's assessment of its performance entered into CPARS. The contractor's response, if any, will be made part of the CPAR system at https://www.cpars.csd.disa.mil.

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

the contractor's adherence to contract schedules, including the administrative aspects of performance; the contractor's history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor's record of integrity and business ethics, and generally, the contractor's business-like concern for the interest of the customer.

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

(End of clause)

PROGRESS PAYMENTS

A. The Contractor may invoice requesting progress payments without discount, other than any prompt payment discount offered, not more frequently than every two weeks.

B. The invoice amount should reflect the percentage and dollar amount of completion established by the cutter's appropriate weekly progress report. Payments shall be derived from the accomplished percentage of completion as determined by the Contracting Officer.

C. All material and work paid for by progress payments shall there by become the sole property of the Government, but this provision shall not relieve the contractor from the obligation to complete the requirements of the contract.

D. The Contractor shall be paid the remaining amount due upon completion and acceptance of all work under this contract.

(End of clause)

ASSOCIATE CONTRACTOR AGREEMENT (ACA)

After award, the Contractor shall enter into an Associate Contractor Agreement, if applicable, with one or more other prime contractors with the Government who will be present and performing work on the vessel during the dry-dock and repairs availability.

(End of clause)

ASSOCIATE CONTRACTOR CLAUSE

(1) This clause is intended to ensure that there will be appropriate integration of work by the USCGC STONE's associate contractors to maximize coordination and prevent delay or additional costs.

(2) The Firm-Fixed-Price (FFP) for each Work Item in ATTACHMENT B, Price Schedule, shall include all costs associated with the Prime Contractor executing each requirement stipulated in the Associate Contractor Agreement ("ACA") as required by this clause, in support of this contract.

(4) The Associate Contractors shall work and maintain close liaison with each other. In order to assure accomplishment of this objective, the Associate Contractors shall enter into a written ACA with each other.

(5) The ACA shall provide for a complete and unbiased exchange of scheduling information to include work locations. The

weekly progress meeting, and also daily production meetings. At the daily production meetings, Associate Contractors shall attend and participate to resolve any potential conflicts in the work schedule for that day, so as to minimize delay, disruption or

progress meetings, the Associate Contractors shall provide an integrated and de-conflicted master production schedule for review by the USCG COR. Associate Contractors shall meet together prior to the weekly progress meeting to develop this master Integrated Production Schedule (IPS)(also referred to as Gantt Chart). (iii)The Associate Contractors are responsible to resolve all planning conflicts. However, the USCG COR reserves the right to serve as final decision authority when needed to ensure timely schedule completion and/or that Operational Commander's priorities are met. (e) The ACA may also address treatment of any proprietary or confidential information.[if applicable]

(6) Following execution by both Associate Contractors, the ACA may be made an attachment to this contract. The ACA is for information purposes only and shall not be subject to or governed by this contract. In the event of a conflict between the terms of this contract and terms of the ACA, the terms of this contract shall control.

(7) Where the Associate Contractors fail to agree upon action to be taken in connection with their respective responsibilities, each of them shall promptly notify the COR responsible for their respective contract and furnish their recommendations for a solution. The Associate Contractors shall not be relieved of its obligations to make timely deliveries or be entitled to any other adjustment because of their failure to: (a) resolve ACAs disputes; (b) promptly refer matters to the COR assigned to their respective contract; or (c) to implement any direction given by the COR assigned to their respective contract.

(End of clause)

INDEMNIFICATION FOR ACCESS TO VESSELS

Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of quoters on other contemplated work, access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.

(End of clause)

ACCESS TO VESSEL

a) A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security.

(b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security.

(End of clause)

VOLATILE ORGANIC COMPOUNDS (VOC) REGULATIONS

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

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

(1) Copies of any federal, state or local permits required and applicable to the use or application of VOCs atContractor's facility or offsite workplaces; (2) Copies of any compliance plans required and applicable to the use or application of VOCs at Contractor's facility or offsite workplaces.

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

(d) Contractors will submit the following to the designated Port Engineer not later than two weeks after contract award: Data Sheets (MSDS) documents, certificates, specifications or any other manufacturing data verifying the VOC ratings of paints to be applied to the Cutter in accordance with MLCA Standard Spec 63000N, Section 5.3.1.

(End of clause)

HAZARDOUS WASTE

Contractors performing dry dock and dockside ship repair work at Government facilities are required to comply with FAR 52.223-3, Hazardous Material Identification and Material Safety Data (FEB 2021) Alt I, the U.S. Coast Guard shipboard hazardous waste policy, as prescribed in COMDINST M16478.1B, and MLCA standard specifications. Disposal of all hazardous wastes shall be performed by the Contractor and the Contractor shall meet all federal and state requirements. The Contractor is also required to submit an acceptable hazardous waste management plan to the Port Engineer at the Arrival Conference. The plan will be reviewed by the facility hazardous waste manager. An acceptable plan must address, at a minimum, the following requirements:

(a) EPA and local authority hazardous waste generator ID numbers or registration of the Contractors, his transporters, and disposal facilities (TSDFs);(b) An inventory of all hazardous chemicals, compounds and other agents brought aboard the facility accompanied by their respective Material Safety Data Sheets;(c) A list of all anticipated hazardous wastes to be generated and a federal/state/local regulation cross reference list for those wastes;(d) Waste collection and containment procedures;(e) A hazardous material spill and cleanup plan including tools and materials that will be on hand and readily available to facility containment and cleanup(f) Training certification for the Contractor's hazardous waste manager.The Contractor shall note the local environmental regulations in the place of performance. As with all environmental regulations, it is the Contractor's responsibility to research, prepare for, and comply with, the local and state regulations.

The Contractor shall notify the Contracting Officer's Representative (COR) 24 hours prior to any waste removals and ensure that waste removals are conducted during normal business hours (0800-1600) on Monday through Friday (excluding holidays).

(End of clause)

PROCEDURES FOR TASK ORDERS, DISCOVERIES, AND CHANGES TO CONTRACT

After Contract award, individual task orders will be issued as necessary to support Contract requirements. The Contractor will be directed to commence work via a Task Order or modification sent from the Contracting Officer. The Contractor shall provide notice of acceptance of the Task Order or modification by signing the Standard Form (SF-30 or SF-1449) and returning it to the Contracting Officer, or by starting work when the Contracting Officer issues a Task Order.

The Contractor shall not perform any type of additional work without the Contracting Officer's authorization. No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and an adjustment may not be made in the contract price to cover any increase in cost incurred as a result thereof.

The Contracting Officer reserves the right to contract for changes, including Task Orders for Additional Work, on the basis of a firm-fixed-price, negotiated Task Order when it is in the best interest of the Government.

Change Request Process (for changes to existing task order and additional work items):1. Condition Found Report – Generated by the Contractor and provided to Contracting Officer's Representative (COR) in accordance with SFLC Standard Specification 0000.2. Condition Report Reply – Generated by the COR and provide to Contractor.3. Change Request (CR) – CR is generated by the COR and the COR will assign the CR number.4. COR provides copy of CR to the Contractor.5.

Contractor's Quote – provided to the Contract Specialist (KS)/Contracting Officer (KO) within 72 hours of receipt of the Change Request. The Contractor shall furnish a price breakdown, itemized as required by the KS/KO. The breakdown shall permit an analysis of all materials, labor, equipment, and subcontractor costs, covering all work involved in the CR whether such work was deleted, added, or changed. Rates in the quote shall be in accordance with the rates specified in the Price Schedule. Any amount claimed for subcontracts shall be supported by separate, similar price breakdown. If the quote includes a request for a time extension, justification shall be furnished with the quote. 6. Negotiations – if needed, takes place to establish pricing, etc.7. Modification to Task Order – The KS/KO will issue a modification to an existing task order to incorporate and implement all changes made by CRs. The Contractor shall furnish a price breakdown, itemized as required by the Contract Specialist/Contracting Officer. The breakdown shall permit an analysis of all materials, labor, equipment and subcontract costs, covering all work involved in the modification for Additional Work CLIN, whether such work was deleted, added or changed. Rates in the quote shall use the Composite Labor Hour Rate, or other rates specified in the contract for changes. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the quote includes a request for a time extension, justification shall be furnished with the quote.

*CR must be submitted by the COR to the Contractor within 24 hours after responding to the CFR. Contractor must submit quote to the Contracting Officer within 72 hours of receipt of the CR.

8. Negotiations- If needed, the Contract Specialist/Contracting Officer may negotiate to establish pricing subject to Contracting Officer approval.9. The Contracting Officer shall issue a modification to a pre-existing Task Order to incorporate and implement all changes.

(End of clause)

COMPOSITE LABOR RATE:

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

(a) The composite labor hour rate shall represent total compensation for the following:(1) Direct labor wages and salaries;(2) All employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;(3) Other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;(4) All indirect costs such as overhead and general and administrative expense;(5) Any port or association fees, rents, or other levies;(6) profit (fee); and(7) All direct and indirect costs and profit associated with the following support functions:Supervision and ManagementPlanningMaterial HandlingHousekeepingEngineeringTransportation/DriversQuality AssuranceContract

AdministrationSecurity GuardTestingWorker Transit TimeEstimatingSurveyors

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

(c) The Quantity of Composite Labor hours indicated in the Schedule of Supplies/Services, is only an estimate pursuant to this solicitation. The inclusion of this item does not obligate the Government to exercise the item nor entitle the Contractor to compensation if not exercised.

(End of clause)

Ordering Instructions ADDITIONAL WORK(a) The Contracting Officer reserves the right to contract for additional work via issuance of a new task order or modification of an existing task order, on the basis of a firm-fixed-price negotiated Task Order when it is in the best interest of the Government.(b) Upon request, the Contractor shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer, of any quote submitted for additional work. Unless otherwise directed, the breakdown shall be submitted on an SFLC 002 quote form provided at the arrival conference permitting an analysis of all materials, labor, equipment, subcontract, overhead costs, and profit covering all work involved in the change/modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the quote includes a request for a time extension, justification shall be furnished with the quote.(c) This clause is to be used in conjunction with the following clause, COMPOSITE LABOR RATE. The Contractor is required to have and/or furnish all tools and equipment incidental to each bench trade. All supplies necessary to accomplish the Work Items, such as wiping rags, hacksaw blades, sandpaper, welding wire, helium, etc., shall be included in the composite labor rate. Other materials are to be charged at regular rates and prices currently in effect and negotiated and agreed to by the Contract Specialist/Contracting Officer. Material shall be best commercial quality available, where a precise specification is indicated, in which case the specification shall apply, e.g., MILSPEC, FEDERAL SPEC.

(End of Clause)

METHOD OF PAYMENT AND INVOICING INSTRUCTION SUBMISSION PROCESS:

A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix)] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and shall be returned to the contractor with a statement of the reason(s) it is not proper.

(a) WHEN TO SUBMIT: The contractor must first:(1) Receive a fully executed purchase order, contract, delivery order or task order(2) Provide the requirements, and(3) Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

(b) INVOICE CONTENT: Each invoice must contain the following information:(1) Invoice Date(2) Invoice Number(3) Purchase Order Number or Contract Number or Contract and Delivery/Task Order Number(4) Contractor's Name(5) Contractor's Address(6) Contractor's DUNS(7) Contracting Officer's Name(8) Contracting Officer's Representative's (COR's) Name (if applicable)(9) Invoice Routing Code (IRC) assigned by the Coast Guard as follows: SFLC-2(10) Period of Performance for Work Invoiced(11) Contract Line-Item Number(s) (CLIN(s)) and Description (if applicable)(12) CLIN units for the period (if applicable), CLIN rate (if applicable), CLIN Total (if applicable)(13) For Travel: Components in accordance with FAR 31.205- 46(14) Invoice Total(15) Discount Offerings(16) Status as a Small Business (if applicable) for accelerated payment(17) The last invoice submitted for this award must be clearly labeled with "FINAL INVOICE."(18) NOTE: A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix), with common items captured in the list above] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and will be returned to the contractor with a statement of the reason(s) it is not proper.

(c) HOW TO SUBMIT:Contractor must submit proper invoices electronically using the Invoice Processing Platform (IPP) at https://www.ipp.gov/. Information regarding IPP, including IPP Customer Support contact information, is available at that same link. IPP is a secure web-based electronic invoicing system provided by the U.S. Department of the Treasury's Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis. IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency. You will be required to enroll if you are not yet enrolled. If your company is already registered to use IPP, you will not be required to re-register, and you do not need to contact IPP.

If you are NOT already enrolled in IPP: The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov. Please note that emails from this email address may filter into your spam or junk folder:

1. The first email will have the IPP Logon ID and a link to the IPP application.2. A second email, which will be sent within 24 hours of the first email, contains a temporary password.Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Once registered to use IPP, your company may submit invoices electronically, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads. The e-mail notification of payment is sent when a payment is distributed to your bank account and may include the following payment information: Date of payment, dollar amount, invoice number, paying agency, payee name, and ACH trace number.

Vendor training materials, including a first-time login tutorial, are available on the https://www.ipp.gov/ website. Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities, ranging from creating and submitting an invoice to setting up email notifications. Live webinars are held monthly and provide a great opportunity to learn the basic of the system and to call in and ask the IPP team questions about the IPP application.

IPP Customer Support is available to assist users of the system and can answer your questions related to accessing IPP or completing the registration process.

• Toll-free number: 866-973-3131• Email address: IPPCustomerSupport@fiscal.treasury.gov• Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am - 6:00 pm ET

(d) PROMPT PAYMENT INFORMATION: In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice date is:

contractor via web-based submission, the date a transmission is received by the designated billing office, and receipt

services before the seventh day in which case the acceptance date must substitute for the seventh day after the delivery date;

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

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

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

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

(5) Payment inquiries and status may be obtained at the following website: https://www.uscg.mil/fincen/electron/

(e) Failure to follow any of these instructions will result in invoice rejection.

(End of clause)

INSURANCE – WORK ON A GOVERNMENT INSTALLATION

a. The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required by this Clause as follows:

TYPE AMOUNT

1) Workman's Compensation and Employer's Liability (including Federal Longshoremen .and Harbor Worker's Insurance)

As legally required by the State wherein the work is being performed.

2) Comprehensive General Liability Insurance Personal Injury Liability:

$1 million per person

$1 million per occurrence

Property Damage (may be included in general aggregate limits or combined single unit coverage)

$1 million per occurrence

3) Automobile Liability Personal Injury Liability:

$1 million per person

$1 million per occurrence

Property Damage (may be included in general aggregate limits or combined single unit coverage):

$1 million per occurrence

4) a. If single general aggregate limits or combined single unit coverage is obtained for General Liability and/or Automobile Liability coverage, minimum amounts shall be the sum of the personal injury and property damage coverage required above.

Umbrella Form Excess Liability insurance coverage shall be added to general liability and automobile liability coverage to determine if minimum insurance limits are met.

b. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

c. As evidence that it has obtained the insurance specified in paragraph (a) of this clause, the contractor shall furnish the Contracting Officer with a certificate or certificates executed by an agent of the insurer authorized to execute such certificates.

Such certificates shall be furnished prior to commencement of the work. Each certificate shall state that (name of insurer) has insured (name of contractor) awarded contract number (to be determined at time of award) for repair/alteration of applicable USCG ship in accordance with the Liability and Insurance clause and the Insurance Requirements clause contained herein.

d. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proof of required insurance, and shall make copies available to the Contracting Officer upon request.

e. "Government Installation" for this clause includes government vessels.

8. Section I - Contract Clauses

Clauses incorporated by reference

Article Number Reference Text

3052.211-70 3052.211-70 INDEX FOR SPECIFICATIONS (DEC 2003)

3052.217-92 3052.217-92 INSPECTION AND MANNER OF DOING WORK (DEC 2003)

3052.217-93 3052.217-93 SUBCONTRACTS (DEC 2003)

3052.217-95 3052.217-95 LIABILITY AND INSURANCE (DEC 2003)

3052.217-96 3052.217-96 TITLE (DEC 2003)

3052.217-97 3052.217-97 DISCHARGE OF LIENS (DEC 2003)

3052.217-99 3052.217-99 DEPARTMENT OF LABOR SAFETY AND HEALTH REGULATIONS FOR SHIP

REPAIR (DEC 2003)

3052.222-70 3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE

CONTRACT WORK (DEC 2003)

3052.222-71 3052.222-71 STRIKES OR PICKETING AFFECTING ACCESS TO A DHS FACILITY (DEC 2003)

3052.222-90 3052.222-90 LOCAL HIRE (JUN 2006)

3052.223-90 3052.223-90 ACCIDENT AND FIRE REPORTING (DEC 2003)

3052.242-72 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

3052.247-72 3052.247-72 F.O.B. DESTINATION ONLY (DEC 2003)

52.202-1 52.202-1 DEFINITIONS (JUN 2020)

52.203-12 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)

52.203-17 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

52.204-13 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-4 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.

52.204-9 52.204-9 Personal Identity Verification of Contractor Personnel.

52.209-9 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

52.212-4 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

52.215-21 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA-MODIFICATIONS (NOV 2021)

52.223-3 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

52.229-3 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

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

52.232-33 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-40 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

52.232-8 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.242-13 52.242-13 BANKRUPTCY (JULY 1995)

52.242-2 52.242-2 PRODUCTION PROGRESS REPORTS (APR 1991)

52.245-1 52.245-1 GOVERNMENT PROPERTY (SEP…