Solicitation-HEALY DS-to post 17Aug2023.doc

ATTACHMENT 3 – Continuation of Combined Synopsis Solicitation

SOLICITATION NUMBER: 70Z08520RP58A5400

USCGC MUNRO (WMSL 755) DOCKSIDE REPAIRS FQ4 FY20

ATTACHMENT 3 – Continuation of Combined Synopsis Solicitation

SOLICITATION NUMBER: 70Z08520RP58A5400

USCGC MUNRO (WMSL 755) DOCKSIDE REPAIRS FQ4 FY20

Commander USCG SFLC, Alameda Detachment, Building 55, Base Alameda Alameda CA 94501-5100

REQUEST FOR PROPOSALS

70Z08523RLREP0121

Requirements Contract for Dockside (DS) Repairs

Of the United States Coast Guard Cutter (USCGC) HEALY (WAGB 420)

CONTENTS

· NOTICE FOR FILING AGENCY PROTESTS

· SF 1449, Solicitation/Contract/Order for Commercial Items

· CONTINUATION OF SF 1449- BLOCKS 17a-25

· OFFEROR IS RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR PROPOSALS

CONTRACT CLAUSES: Starting page 6

· FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) ADDENDUM

· ORDERING INSTRUCTIONS

· COMPOSITE LABOR RATE

· PROCEDURES FOR TASK ORDERS, DISCOVERIES, AND CHANGES TO CONTRACT

· HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES – APPLICABLE

· LICENSES AND PERMITS (JUN 2006)

· FAR 52.216-21 REQUIREMENTS (OCT 1995)

· FAR 52.216-18 ORDERING (AUG 2020)

· FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

· HAZARDOUS WASTE

· VOLATILE ORGANIC COMPOUNDS (VOC) REGULATIONS

· ACCESSIBILITY OF CONTRACTOR’S FACILITY

· ACCESS TO VESSEL

· INDEMNIFICATION FOR ACCESS TO VESSELS

· INSPECTIONS

· CONTRACT DEFICIENCY REPORT

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

· TELEPHONE CHARGE

· INSURANCE – WORK ON A GOVERNMENT INSTALLATION

· CONTRACTING OFFICER’S AUTHORITY

· CONTRACTOR PERFORMANCE EVALUATION

· METHOD OF PAYMENT AND INVOICING INSTRUCTIONS INVOICE SUBMISSION PROCESS

· PROGRESS PAYMENTS

· ASSOCIATE CONTRACTOR AGREEMENT (ACA)

· 52.212-5-- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

· 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)

PROVISIONS: Starting page 28

· FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

· FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS (JUN 1988)

· FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

· INSPECTION OF CUTTER PRIOR TO SUBMISSION OF PROPOSALS

· FAR 52.215-20 ALT IV REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010)

· DHS NOTICE TO OFFERORS

· FAR 52.212-1 Instructions to Offerors— COMMERCIAL PRODUCTS & COMMERCIAL SERVICES (NOV 2021) ADDENDUM

· FAR 52.212-2 EVALUATION- COMMERCIAL PRODUCTS & SERVICES (NOV 2021) ADDENDUM

· GENERAL INFORMATION

· FACTOR 1 – PRICE

· FACTOR 2 - TECHNICAL CAPABILITY

· FACTOR 3 - PAST PERFORMANCE

· FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS REPRESENTATION (NOV 2015)

· FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (AUG 2020)

· FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

· HSAR 3052.209-79 REPRESENTATION BY CORPORATIONS REGARDING A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW OR UNPAID FEDERAL TAX LIABILITY (FEB 2014) (DHS FAR CLASS DEVIATION 14-02)

· 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

ATTACHMENTS:

1. HEALY SPECIFICATION

2. PRICE SCHEDULE

3. REQUEST FOR CLARIFICATION

4. GOVERNMENT FURNISHED PROPERTY REPORT

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.

SF 1449, Solicitation/Contract/Order for Commercial Items

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

70Z08523RLREP0121

6. SOLICITATION

ISSUE DATE

17 August 2023

510-437-5425

8. OFFER DUE DATE/ LOCAL TIME

19 September 2023, 11:00 a.m. Pacific Time

9. ISSUED BY CODE 75174

USCG Surface Forces Logistics Center

U.S. Coast Guard Island, Building 55

Alameda CA 94501

10. THIS ACQUISITION IS UNRESTRICTED OR

FORMCHECKBOX

SET ASIDE: 100 %FOR:

FORMCHECKBOX

SMALL BUSINESS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

FORMCHECKBOX

HUBZONE SMALL

NAICS:

BUSINESS

336611 ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SIZE STANDARD:

SMALL BUSINESS

8(A)

1250 employees

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

14. METHOD OF SOLICITATION

FORMCHECKBOX

RFQ

IFB RFP

15. DELIVER TO CODE

See Description of Supplies/Services

16. ADMINISTERED BY CODE

Same as block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

DUNS No.

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE

Commanding Officer USCG Finance Center

1430A Kristina Way

Chesapeake, VA 23326

(800) 565-5504

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The Contractor shall perform Dockside Repairs to the United States Coast Guard Cutter (USCGC) HEALY in accordance with this solicitation, specification and with each issued Task Order under the resulting requirements contract. Scope of work shall include all ship maintenance, repair, and associated support work as required to repair CGC HEALY, to be specified via task order. Ordering period of this contract will be from date of award through 31 December 2024. First task order’s period of performance is from 2 January 2024 through 2 May 2024. Place of performance will be at the cutter’s home port in Seattle, WA.

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

NOT ATTACHED.

ARE 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 & 52.212-5 ARE ATTACHED. ADDENDA ARE NOT ATTACHED. ARE 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA

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

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

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA – FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

Funds will be awarded with each task order and will be awarded subject to the availability of funds. See Attachment 2 Price Schedule.

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

INSPECTED

RECEIVED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

36. PAYMENT

FINAL PARTIAL

COMPLETE

37. CHECK NUMBER

FINAL PARTIAL

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

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

42 a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

CONTINUATION OF SF 1449- BLOCKS 17a-25 Block 17a: Offeror shall include company’s name, address and Unique Entity ID number.

Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in System for Award Management (SAM). To receive award Offeror must be registered in SAM (copy and paste www.sam.gov into search engine).

Block 19 through 24: SEE ATTACHMENT 2, PRICE SCHEDULES Block 25: ACCOUNTING AND APPROPRIATION DATA: To be included per task order.

(1) OFFEROR IS RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR PROPOSALS.

This Solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2023-04, dated June 2, 2023. The NAICS code applicable to this requirement is 336611.

CONTRACT CLAUSES

(2) FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) ADDENDUM (i)

TIME OF PERFORMANCE

USCGC HEALY will be available for performance of the work under the first task order during the period of 2 January 2024 through 2 May 2024.

(ii)

PLACE OF PERFORMANCE

a. All work under this contract will be performed at the USCGC HEALY’s homeport in Seattle, WA.

b.

The work to be performed on the cutter shall not be performed at any other location unless the Contracting officer approves a change in location in writing, in advance.

This requirement is a total small business set aside.

(3) FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(4) FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

www.acquisition.gov/far/ http://www.dhs.gov/publication/hasr

Additional clauses incorporated by reference are identified in FAR Clause 52.212-5 and HSAR 3052.212-70 below. The following is the summary of applicable FAR & HSAR clauses incorporated by reference that are not identified in FAR 52.212-5 and HSAR 3052.212-70. Clauses current through FAC 2023-04, Effective 02 June 2023.

(5) 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 proposal submitted for additional work. Unless otherwise directed, the breakdown shall be submitted on an SFLC 002 proposal form provided at the arrival conference permitting an analysis of all materials, labor, equipment, subcontract, overhead costs, and profit covering all work involved in the change/modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the proposal includes a request for a time extension, justification shall be furnished with the proposal.

(c) This clause is to be used in conjunction with the 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.

(6) 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

(6) All direct and indirect costs and profit associated with the following support functions:

Surveyors

(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.

(7) 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-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 Proposal – 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 proposal 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 proposal includes a request for a time extension, justification shall be furnished with the proposal.

6. Negotiations – if needed, takes place to establish pricing, etc.

7. Approved Task Order – forwarded to Contractor and COR by the KO.

8. Task Order or Modification to Task Order – The KS/KO will issue a Task Order or modification to an existing task order to incorporate and implement all changes made by CRs.

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

New Task Order or Additional Work Item/Work CLIN

1.

Contract Specialist/Contracting Officer shall send a Request for Quote (RFQ) with the Work Item Specification.

2.

Contractor’s Proposal- Proposals for the identified RFQ shall be provided to both the Contract Specialist and Contracting Officer according to the terms dictated in the RFQ. 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 new Task Order or Additional Work CLIN, whether such work was deleted, added or changed. Rates in the proposal 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 proposal includes a request for a time extension, justification shall be furnished with the proposal.

3.

Negotiations- If needed, the Contract Specialist/Contracting Officer may negotiate to establish pricing subject to Contracting Officer approval.

4.

The Contracting Officer shall issue a new Task Order, or a modification of a preexisting Task Order to incorporate and implement all changes.

(8) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES – APPLICABLE LICENSES AND PERMITS (JUN 2006) The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within ten (10) days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

(End of clause)

(9) FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a Requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 December 2023.

(End of Clause)

(10) FAR 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through December 2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) Sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

(11) FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $8,000,000.00;

(2) Any order for a combination of items in excess of $16,000,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs(b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

(12) 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).

(13) 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 at Contractor’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.

(14) 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.

(15) 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.

(16) 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.

(17) 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.

(18) 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.

(19) 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.

(20) 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

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.

$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

$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.

(21) 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.

(22) 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.

(23) METHOD OF PAYMENT AND INVOICING INSTRUCTIONS INVOICE 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.

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…