Solicitation for USCGC ORCAS Dry-dock FY21.pdf

USCGC ORCAS (WPB-1327)

DRY-DOCK REPAIRS

70Z080-21-Q-P4503200

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.

The Ombudsman Hotline telephone number is 202.372.3695.

mailto:OPAP@uscg.mil

70Z080-21-Q-P4503200

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

70Z080-21-Q-P4503200 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) 2020-08 effective August 13, 2020, Department of Homeland Security Acquisition

Regulation (HSAR) effective February 2019, Homeland Security Acquisition Manual

(HSAM) 2020-10 effective July 31, 2020, Coast Guard Acquisition Procedures (CGAP) 2017-

02 effective September 29, 2017, FAR Class Deviation 14-01 (DEC 2014), FAR Class

Deviation 2019-01 Rev 1 (AUG 2020), FAR Class Deviation 20-04 Rev 1(AUG 2020), FAR

Class Deviation 2020-05 (APR 2020), and FAR Class Deviation 2020-05 Rev 1(AUG 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

AGENCY INFORMATION:

Nancy Brinkman

Contract Specialist

Nancy.M.Brinkman@uscg.mil

Tracey Strawbridge

Contracting Officer

Tracey.Strawbridge@uscg.mil

CWO Kyle Meure

Contracting Officer’s

Representative

Kyle.R.Meure@uscg.mil

GEOGRAPHICAL RESTRICTION: USCGC ORCAS is restricted to Strait of Juan de Fuca, Puget Sound, San Francisco Bay, CA and North. No Gulf of Alaska transits during winter months

(November - March).

PERIOD OF PERFORMANCE: The period of performance for this contract is 19 January 2021 through 03 June 2021. Contractors that have this capability are invited to submit quotations in accordance with the requirements stipulated in this solicitation.

PLACE OF PERFORMANCE: The place of performance will be at the contractor’s proposed certified dry-dock facility capable of docking the vessel that is located within the Geographical

Restricted area listed above.

https://www.acquisition.gov/ http://dhsconnect.dhs.gov/org/comp/mgmt/ocpo/APL/Pages/RegulationsSupplements.aspx http://dhsconnect.dhs.gov/org/comp/mgmt/ocpo/APL/Pages/RegulationsSupplements.aspx http://dhsconnect.dhs.gov/org/comp/mgmt/ocpo/APL/Pages/RegulationsSupplements.aspx http://dhsconnect.dhs.gov/org/comp/mgmt/ocpo/APL/Pages/RegulationsSupplements.aspx https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Acquisitions-CG-9/Doing-Business-copy/Acquisition-Policy-and-Regulations/ https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Acquisitions-CG-9/Doing-Business-copy/Acquisition-Policy-and-Regulations/ https://www.dhs.gov/publication/current-far-deviations https://www.dhs.gov/publication/current-far-deviations https://www.dhs.gov/publication/current-far-deviations https://www.dhs.gov/publication/current-far-deviations https://www.dhs.gov/publication/current-far-deviations https://www.dhs.gov/publication/current-far-deviations https://www.dhs.gov/publication/current-far-deviations mailto:email@uscg.mil mailto:Tracey.Strawbridge@uscg.mil mailto:Kyle.R.Meure@uscg.mil

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The contractor shall provide a facility accessible from a navigable waterway at which a ship of the characteristics described in the attached specification can, using its own propulsion, safely arrive, lie afloat and depart at all states of the tide at any time of day or night. The facility and its approaches shall have a minimum water depth of 11-feet and a minimum height clearance of 55-feet.

QUESTIONS / REQUEST FOR DRAWINGS: To submit questions for clarification or request drawings, please submit your request to Nancy.M.Brinkman@uscg.mil before 07 October 2020 at

10:00 a.m. EST. After this date further requests may not be accepted due to time constraints.

SUBMISSION OF QUOTES: E-mail quotations shall be sent to the Contract Specialist. Please indicate 70Z080-21-Q-P4503200 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 are due before

10:00 a.m. EST on 14 October 2020. Anticipated award date is on or about 20 November 2020.

Statement of Requirement

The proposed contract to be awarded by the United States Coast Guard (USCG) shall be for DRY-

DOCK repairs to the USCGC ORCAS (WPB-1327) as specified in Attachment 2 – Statement of

Work - Specification. The contractor shall provide all labor, materials, equipment, etc. necessary to meet the requirements of the specification.

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

52.212-1 Instructions to Offerors - Commercial Items (Tailored)

Clause 52.212-1 is tailored as follows:

Instructions to Quoters—Commercial Items

(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 which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show-

(1) The solicitation number;

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

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

(4) All required technical documentation as identified in the “technical capabilities” evaluation factor;

(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 FAR 52.212-3 (see

FAR 52.212-3(b) for those representations and certifications that the quoter shall complete mailto:Nancy.M.Brinkman@uscg.mil https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194

70Z080-21-Q-P4503200 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 quotation 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.

Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Reserved.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. 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 quotations. Quoters are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.

(f) Late submissions.

(1) Quoters are responsible for submitting quotations 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 quotations are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations 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 quotations 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.

(g) Issuance of Purchase Order. The Government intends to evaluate quotations and issue a purchase order based on the initial quotations received. Therefore, the quoter’s initial quotation should contain the quoter’s best terms from a price and technical standpoint. The Government reserves the right to request revised quotations from, or negotiate final purchase order terms with, one or more, but not all, quoters if determined by the Contracting Officer to be necessary.

The Contracting Officer will not establish a competitive range, conduct discussions, or otherwise use the procedures described at FAR 15. The Government may reject any or all quotations if such action is in the public interest; and issue a purchase order to other than the https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284

70Z080-21-Q-P4503200 quoter with the lowest priced quotation.

(h) Multiple awards. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations 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 quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.

(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 (h)(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/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(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) Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding

$3,000, and quotations of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the quoter’s name and https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

70Z080-21-Q-P4503200 address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the quoter to establish additional SAM records for identifying alternative

Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter within the United States may contact Dun and Bradstreet by calling 1-866-705-

5711 or via the internet at http://fedgov.dnb.com/webform. A quoter located outside the United

States must contact the local Dun and Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and

Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quotation, the quoter acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the

Contracting Officer will proceed to award to the next otherwise successful registered Quoter.

Quoters may obtain information on registration and annual confirmation requirements via the

SAM database accessed through https://www.acquisition.gov.

(l) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on award(s) resulting from this solicitation from the contracting officer.

The provision at Federal Acquisition Regulation (FAR) 52.212-2 Evaluation of Commercial

Items 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

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. Contractors must provide the following minimum information and documentation with their quotes to be considered technically acceptable:

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_11.html#wp1043964 http://fedgov.dnb.com/webform https://www.acquisition.gov/

70Z080-21-Q-P4503200

Technical Approach:

*Submit all Technical Capability required documentation in a separate email.

Technical Evaluation Factors

1. Technical Approach

Submit a brief overview planning document using any means (computer generated, hand written, etc.) that outlines the strategy for ensuring that this requirement is completed on or before the contract completion date. The planning document shall include at least:

1) Proposed schedule, resources, completion-dates, float, and major millstones for the various tasks required to complete this contract and

2) Identify a list of items that may pose the most contract schedule risk and approach to mitigate or eliminate each risk.

3) Capture schedule coordination with USCG-hired contractors to provide access in order to perform the work outlined in General Requirements, Paragraph 1.1.2.

NOTE: Negative responses are required for any items listed above that the contractor does not identify (i.e. schedule risk).

2. Coatings Certification Requirements

Submit a description of how you intend to meet SFLC Standard Specification 0000 coatings QC/QA requirements for this contract.

This plan must include the names of any subcontractors and resumes for any proposed QP1 certified painters and/or independent NACE CIP Level 3 inspectors.

3. Sewage and Grey Water System Cleaning Procedures

Submit a description of the methods that will be employed to clean the sewage and grey water system piping and tanks (e.g. chemical cleaning, pressure washing, etc.) and if applicable, a description of the subcontracting plan.

4. Handling of Mast Interferences

Provide evidence (e.g. resume, etc.) of staff or sub-contracted electronic/electrical technicians who possess experience with proper removal, handling, and storage of sensitive/delicate electronic equipment typically installed on masts (e.g. radars, antennas, MARFLIR, etc.) and a description of any recent similar project that have been successfully completed.

5. Welding Certifications/Procedures

Submit welding documentation (e.g. WPSs, welder certs, etc.) in accordance with SFLC Standard Specification 0740, specific to your internal or subcontracted staff for the weld joints that will be installed.

6. Dry Dock Certifications and Pre-Award Calculations

Submit all documents specified under “3.5.1 Pre-award events” in SFLC Standard Specification 8634 (e.g. dry dock facility certifications, pre-award calculations, etc.).

70Z080-21-Q-P4503200

Prior to being considered for contract award, a pre-award survey may be required for any contractor identified for serious consideration for award and who does not have a current (past six months), positive history of successful completion of projects similar in size and scope (or larger). The survey is used as an indication if a contractor has the qualifications to do the work and that the contractor’s facilities are certified under US Coast Guard specifications.

Past Performance:

The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the USCG and any information found using sources such as

Contractor Performance Assessment Reporting System (CPARS) to determine the Contractor’s past performance within the last two years. The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the contractor. The contractor should provide at least two relevant past performance evaluations within the last two (2) years. Past performance less than satisfactory may not be considered for award.

Price:

The contractor shall provide pricing as requested in Attachment 1, Schedule of Services 70Z080-21-

Q-P4503200. 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).

Foreseeable Costs:

The Contracting Officer will evaluate certain foreseeable costs to the Coast Guard. Those costs will vary based on the location of the contractor’s shipyard and are added to the contractor’s overall bid price or price proposal for the purposes of evaluation only. These elements of foreseeable costs consist of the following:

LOCATION OF CONTRACTOR’S SHIPYARD

In order for the Contracting Officer to evaluate certain foreseeable costs to the Coast Guard, the contractor is required to provide, in the space below, the exact name and location of the shipyard to be used to perform the services required under this solicitation. The contractor is cautioned that its failure to provide the name and location of its shipyard in the space provided below may result in its quote being declared nonresponsive under the terms of a Request for Quote.

Name and Location of the Contractor’s Shipyard: ______________________

FORESEEABLE COST FACTORS PERTAINING TO DIFFERENT SHIPYARD

LOCATIONS

In addition to other evaluation factors for award that may be listed in this solicitation, the Contracting

Officer will evaluate certain foreseeable costs to the Coast Guard. Those costs will vary based on the location of the contractor’s shipyard and are added to the contractor’s overall quote for the purposes of evaluation only. These elements of foreseeable costs consist of the following:

(1) Transit Cost:

i. Vessel operational cost will be calculated based on one round trip from the vessel's homeport of Coos Bay, Oregon to the contractor's facility. Distance will be based on the NOAA publication, “Distance Between U.S. Ports” or other authority (in order of priority), including Army Corp of Engineers or U.S. Navy transit publications, if the shipyard location is not contained in the NOAA publication.

ii. Transit cost to navigate the vessel between its homeport and the contractor's offered place of performance is $45.28 per nautical mile. The number of nautical miles to transit between the contractor’s shipyard and the vessel's homeport will be multiplied by the operational cost.

(2) Family Separation Allowance: Crew members with dependents residing within the area of the homeport are entitled to Family Separation Allowance whenever a vessel is overhauled outside of the area of the homeport. The area of the homeport is defined as the area within 50 road miles of the homeport. If the contractor's facility is outside of a 50-road mile radius of the vessel's homeport—

i. Family Separation Allowance for seventeen (17) personnel in accordance with Family

Separation Allowance listed under DFAS.mil; Pay & Allowance; Family Separation

Allowance for seventeen (17) crew members entitled to Family Separation Allowance.

This entitlement is calculated from the 31st day of the availability until the planned date of completion.

(3) Travel and Per Diem Cost: If the contractor's facility is outside of a 50-road mile radius of the vessel's homeport—

i. COR Homeport Travel: There will be a transportation cost for one (1) Contracting

Officer's Representative (COR) for one (1) round trip(s) between the contractor's offered place of performance and the COR's official duty station at the cost of coach-type airfare. The COR’s duty station is 1519 Alaska Way S., Seattle, WA 98134.

ii. There will be a per diem expense for 137 calendar days to support one (1) COR while in the city of the place of contract performance, to be determined in accordance with the

Joint Federal Travel Regulations (JFTR). The cost of car rental for the estimated performance period will also be included

iii. There will be a transportation cost for one (1) Contracting Officer for one (1) round-trip between the Contracting Officer's official duty station of Norfolk, VA and the contractor's offered place of performance at the cost of coach-type airfare, plus per diem expenses and a rental car.

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 significantly 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

70Z080-21-Q-P4503200 of the quote.

52.212-3 Offeror Representations and Certifications-Commercial Items

Alternate I

A contractor shall complete only paragraphs (b) below of this provision if the contractor has completed the annual representations and certificates electronically via http://www.acquisition.gov . If a contractor has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the contractor shall complete paragraphs (c) through (v) of this provision.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b) (2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in

SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation

(including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see

FAR 4.1201), except for paragraphs ______________.

(End of Provision)

52.212-4 Contract Terms and Conditions – Commercial Items (Addendum)

The paragraphs below are supplemented or added as follows:

(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.

http://www.acquisition.gov/

70Z080-21-Q-P4503200

(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, 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:

70Z080-21-Q-P4503200

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 are supply items, manufactured or procured by the

Contractor that are consumed or expended in conjunction with direct production / labor trades

(e.g. welding rods, rags, drip pans, gloves, respirators/masks, etc.).

(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

70Z080-21-Q-P4503200 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 dry-dock availabilities and at the arrival conference for dry-dock availabilities:

a. Production Schedule.

b. Work Package Network.

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

70Z080-21-Q-P4503200

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 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.

(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 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 INCLUDE IF YOU HAVE

OPTIONAL CLINS

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

70Z080-21-Q-P4503200 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.

(End of FAR 52.212-4 Addendum)

52.212-5 Contract Terms and Conditions Required To Implement

Statutes or Executive Orders—Commercial Items.

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[The Contracting Officer has identified the following clauses as applicable.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun

2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

(18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C.

632(a)(2)).

(27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136174 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136186 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

70Z080-21-Q-P4503200

(29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(30) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(31) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).

(32) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

(35)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and

E.O. 13627).

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

(48) 52.225-1, Buy American - Supplies (MAY 2014) (41 U.S.C. chapter 83).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the

Treasury).

(58) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Oct

2018) (31 U.S.C. 3332).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

(End of clause)

Full Text Clauses

52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights (DHS-USCG Deviation 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal

Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053180 https://www.law.cornell.edu/cfr/text/48/52.225-1 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=4bcb6f2f2be5dbc175fd9e8734a41145&term_occur=999&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-5…