USCGC MOHAWK FY23 DDS Solicitation.pdf

USCGC MOHAWK (WMEC 913)

DRYDOCK REPAIRS

70Z080-22-Q-MECP0027

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

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 70Z080-22-Q-MECP0027 is issued as a Request for Quotations (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular (FAC) 2022-07 effective August 10, 2022, Department of Homeland

Security Acquisition Regulation (HSAR) effective May 2022, Homeland Security Acquisition

Manual (HSAM) 2022-05 effective August 31, 2022, Coast Guard Acquisition Procedures

(CGAP) 2022-02 effective July 20, 2022, FAR Class Deviation 14-01 (DEC 2014), FAR Class

Deviation 22-02 (OCT 2021), FAR Class Deviation 2020-05 (APR 2020), and FAR Class

Deviation 2020-05 Rev 2 (DEC 2020).

NORTH AMERICAN INDUSTRY CLASSIFICATION STANDARD CODE:

The applicable North American Industry Classification Standard Code is 336611. The small business size standard is 1,250 employees. This solicitation is issued as a 100% Total Small

Business Set Aside. All responsible small business sources may submit a quotation, which shall be considered by the agency.

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

SOLICITATION DOCUMENTS:

Attachment 1: Schedule of Services – Blank Price Schedule

Attachment 2: Statement of Work – Specification

REQUIRED SUBMITTALS:

1- All Required Technical documents (See page 6)

2- Completed Schedule of Services (Attachment 1)

3- Signed Solicitation Amendments

AGENCY INFORMATION:

Christin Hendrickson

Contract Specialist

(757) 441-7026

Christin.A.Hendrickson@uscg.mil

Kaity George

Contracting Officer

(757) 628-4640

Kaity.George@uscg.mil

LT Joseph O’Connell

Contracting Officer’s Representative

(952) 564-5373

Joseph.W.OConnell@uscg.mil

PERIOD OF PERFORMANCE: The period of performance for this contract is 01 February 2023 to 12 April 2023. 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.

The contractor shall provide a facility accessible from a navigable waterway at which a ship of the 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 mailto:Christin.A.Hendrickson@uscg.mil mailto:Kaity.George@uscg.mil 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 18 feet and a minimum height clearance of 90 feet.

Prior to being considered for contract award, a pre-award survey will 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.

REQUEST FOR DRAWINGS: The last day to request drawings regarding this solicitation is 19

September 2022 . After this date, further requests may not be accepted due to time constraints. To request drawings, contact the Contracting Officer. All requests should identify the solicitation number 70Z080-22-Q-MECP0027. Some references listed in the Specification, under

"Consolidated List of References," are subject to Export Control limitations or have otherwise restricted distribution, and have been deemed "limited access" and "export controlled" packages. In order to access these documents, vendors must be certified as a US or Canadian contractor by the Joint Certification Program (JCP) administered by the Defense Logistic

Information Service (DLIS). Instructions and procedures for being certified by JCP can be found at https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/. Only those vendors that have current certification by JCP will be able to be granted explicit access to these packages by the

USCG.

QUESTIONS: The last day for questions regarding this solicitation is 30 September 2022. Email questions to Contracting Officer. All questions need to identify the solicitation number 70Z080-

22-Q-MECP0027 and will be answered by an Amendment.

SUBMISSION OF QUOTES: E-mail quotations shall be sent to the Contract Specialist. Please indicate 70Z080-22-Q-MECP0027 in the subject line. Contractor must affirm that the pricing provided from the quote shall be valid up to the date of contract award. Quotes shall be submitted by 04 October 2022 by 4:00 PM EST. Anticipated award date is on or about 18 November 2022.

Statement of Requirement

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

Drydock repairs to the USCGC MOHAWK (WMEC 913) as specified in Attachment 2 – Statement of Work - Specification. Contractor shall provide all labor, materials, necessary to meet the requirements of the specification.

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

The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition and is tailored in its entirety for simplified acquisitions:

https://www.acquisition.gov/far/part-52#FAR_52_212_1

Instructions to Quoters—Commercial Items

(a) Submitting your quote. Submit your company’s quote in writing via email to the contract specialist and the contracting officer. You may submit more than one quote. If you do, we will evaluate each separately.

(b) Submission deadline. We must receive your quote at the email address specified elsewhere in the solicitation. We will not consider any quote that we receive after the deadline unless we receive it before we issue a purchase order and considering it will not delay our purchase. In case of an emergency that delays our operations and makes submission or receipt of your quote impossible, we will extend the deadline by one working day.

(c) Terms and content of your quote. Your quote must be based on the terms of this RFQ.

We might reject any quote that is not based on these terms in every respect. Your quote must contain all of the information described below.

(d) Small Business Status. In order to submit a quote, you must know whether your company is a small business. The small business size standard that applies to this purchase is stated in elsewhere in this solicitation, along with the North American Industry Classification

System (NAICS) code on which it is based. Regardless of the information in the solicitation the small business size standard is 500 employees if you are submitting your quote in your own name but intend to provide a product that you did not manufacture yourself.

(e) Issuance of purchase order. Your quote should contain your best terms. The Contracting

Officer may reject any or all quotes. After the evaluation of quotes, the Contracting

Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing a purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR Part 15.

(f) The Contracting Officer may issue a purchase order to other than the quoter with the lowest price. We might issue an order for less than the quantity on which your quote is based, at the quoted price, unless you tell us that you will not accept an order on that basis.

(g) Information to be submitted. Put the following information on the first page of your quote:

1. the number of this RFQ;

2. your company name, address, DUNS number (see below) and telephone number;

3. your price and any discount terms;

4. acknowledgement of any amendments to this RFQ; and

5. a statement that you assent to all terms of this RFQ.

(h) Beginning on the second page of your quote, provide the following information in the following order:

1. all required technical documentation as identified in the “Technical” evaluation factor;

2. the terms of any express warranty;

3. your payment address;

4. **Optional** references to current or former customers who will attest to the quality of your product or service in the within the past three years, including (i) customer name,

(ii) customer address, (iii) contract or purchase order numbers, (iv) persons to contact, and (v) telephone numbers.

(i) Product samples. If this RFQ requires that you submit product samples, you must deliver them to us at the location specified for our receipt on or before the deadline for submission of your quote. We will not pay for the samples, and we will return them to you only upon request and at your expense, unless they are destroyed during testing.

(j) Availability of Government Documents. If the descriptions in this RFQ of the products or services we want to buy refer to any Government specification, standard, or commercial item description, you may obtain a copy of any such documents from the places listed in Federal Acquisition Regulation 52.212-1, paragraph (i) and listed in

52.211-3 in this RFQ.

(k) System for Award Management (SAM). Unless exempted by the Contracting Officer, you must register in SAM before we will issue a purchase order to you. If you do not register by the date set by the Contracting Officer, the Contracting Officer might issue the order to a different quoter. Once registered, you must remain registered throughout performance until final payment. Go to https://www.acquisition.gov for information on

SAM registration and annual confirmation.

(l) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity

Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the

Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

The provision at 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. The evaluation factors below are the mandatory minimum requirement for eligibility for evaluation. Failure to comply with the requirement may lead to outright rejection of the quote.

Evaluation Criteria

The government anticipates selecting the best suited contractor from initial responses, without engaging in exchanges with contractors. Contractors are strongly encouraged to submit their best technical solutions and price in response to this RFQ.

Once the government determines the contractor that is the best-suited (i.e., the apparent successful contractor), the government reserves the right to communicate with only that contractor to address any remaining issues, if necessary, and finalize a task order with that contractor. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to communicate with the next best-suited contractor based on https://www.acquisition.gov/ the original analysis and address any remaining issues.

The Government will select the quote that is most advantageous to the Government based on the following factors:

A. Technical

B. Past Performance

C. Price

Technical Evaluation Factors

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).

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.

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.

Plan for Addressing High

Risk Activities/Tasks

Specifically address the following in your Planning Documents as part of your identification of risks and mitigating strategy:

1) Successful completion of this contract will require significant coordination with TAMPA SHIP, LLC because TAMPA SHIP will be contemporaneously executing a separate dockside/drydock contract at their facility. This contract is in the critical path of the TAMPA SHIP contract, there is no room for schedule extension, and every precaution must be taken to ensure that any claims of delay or disruption by the other contractor are avoided.

Structural Experience Submit corporate experience and/or credentials in conducting major structural repairs repairs/installs on DOD and USCG surface vessels over the past three years. This contract requires extensive knowledge and experience with complex structural repairs. It is imperative that the contractor provide details about experience of key personnel within their workforce who may be performing these complex repairs.

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 three (3) 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 three (3) 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-

22-Q-MECP0027. The 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. Additional detailed information may be required to determine price 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).

Evaluation method

The Government will evaluate proposals using a tradeoff process to determine the best overall value and consider award to other than the lowest priced offeror or than the highest technically rated offer. The relative importance of technical and past performance combined, are more important than cost or price. The evaluation factors above are the mandatory minimum requirement for eligibility for evaluation. Failure to comply with the requirement may lead to outright rejection of the quote. The Coast Guard reserves the right to consider award to other than the lowest-priced offeror or the highest technically rated offer.

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 quote 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 Key West, FL 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 $88.72 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 twenty-nine (29) personnel in accordance with

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

Separation Allowance for twenty-nine (29) 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 three (3) 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 1300 Beach Dr. SE St, USCG South

Moorings, St. Petersburg, FL 33701.

ii. There will be a per diem expense for 70 calendar days to support one (1) COR and ninety-five (95) crew members 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 three (3) days round trip(s) between the Contracting Officer's official duty station, St. Petersburg, FL, and the contractor's offered place of performance at the cost of coach-type airfare, plus per diem expenses and a rental car.

Quoters are required to include a completed copy of the provision at 52.212-3 Offeror

Representations and Certifications – Commercial Items, Alternate I of 52.212-3

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

(c) Changes – ship repair

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

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

(b) Method of shipment or packing;

(c) Place of performance of the work;

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

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

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

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

Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

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

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

(w) Required Insurance

Prior to start of performance, the Contractor shall, at its own expense, procure and maintain the following kinds of insurance with respect to performance under the contract. In accordance with

HSAR 3052.217-95, 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 number as specifically insured.

(x) Change Request (CR) – Growth Work

(1) The Contractor shall not perform growth work without the Contracting Officer's authorization. This clause applies to Change Requests (CR), also known as growth and emergent work ordered by the Contracting Officer pursuant to the Changes clause. The Contractor shall perform the CR at the labor billing rates designated in the Schedule, as described in paragraph (2) of this clause. All growth work shall be paid at the prices stated in the Schedule.

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

a. Direct production labor is defined as work that is directly related to the alteration, modification, and repair tasks performed directly on, or in direct support of, components or systems identified in the CR or elsewhere in the contract. Examples of direct production labor include the following: abrasive cleaning/water blasting, tank cleaning, welding, burning, brazing, blacksmithing, machining (inside and outside), carpentry, electrical/electronic work, crane operation, shipfitting, lagging/insulating, painting, boilermaking, pipe fitting, engineering

(production), sheetmetal work, installation and removal of staging/scaffolding, rigging, material handling (shop to ship and within the worksite in support of labor task), set-up (moving tools and equipment from shop to ship to perform a task), fire watch, general labor (including general support of journeyman tasks), cleaning (including debris pickup and removal), and pattern making.

b. Indirect costs are defined as all non-direct production costs and support functions, defined as functions that do not directly contribute to the alteration, modification, or repair of the item or system identified. Examples of indirect costs include the following: planning, estimating, supervision, management, ship superintendent functions, clerical, surveying, security, transportation, supervision, labor costs, worker-compensation, taxes, inventory control, warehousing, licensing, insurance, all other support items and functions, fixed asset costs, rentals on items normally owned as fixed assets such as tools and hand operated power tools, electrical generators and compressors for operating tools (for drydocks), jigs and fixtures fabricated and used in shop to support production functions, security, contractor facility upkeep and utilities, workman’s compensation, taxes, office supplies, etc.

c. Direct consumables and expendables: supply items, manufactured or procured by the

Contractor that are consumed or expended in conjunction with direct production (e.g. rags, gloves, respirators/masks, etc.)

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

a. Direct materials: supply items, manufactured or procured by the Contractor, that are installed in conjunction with direct production, or are otherwise turned over to the Coast Guard

(e.g. plate, angle iron, welding rods, paint, pumps, motors, engine and gearbox oil, engine jacket water, etc.)

b. Direct subcontracted services: direct production service items and procured by the

Contractor to support the contract (e.g. gas-free engineering services, rented crane services, rented temporary air conditioning units and other rented tools not normally owned as fixed assets, etc.)

(4) CRs do not include replacement work performed pursuant to HSAR 3052.217- 92

Inspection and Manner of Doing Work clause or HSAR 3052.217-100 Guarantees clause.

(5) It is the Government's intention to award any growth work identified during the contract performance period to the contractor, if a fair and reasonable price can be negotiated for such work, based on Schedule rates. If a fair and reasonable price cannot be negotiated, the Government may, at its discretion obtain services outside of the contract. Such services may be performed while the ship is undergoing repair in the contractor's facility pursuant to the Access to Vessels clause.

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

CR Process will occur in the following order:

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

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

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

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

e. Contractor’s Proposal- 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 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 dockside 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) Growth work ordered and agreed upon, whether or not yet formalized via a change order

(contract modification), shall be added to the Production Schedule, Trade Manning Curves, and

Subcontracting List and submitted to the Contracting Officer and COR at each weekly Progress

Meeting. Any anticipated or unanticipated deviation (greater than two (2) calendar days) from the

Production Schedule shall be immediately brought to the attention of the Contracting Officer and

COR.

(4) Any deviation in the Production Schedule which results in a delay in the completion of work on a vessel past the established performance period completion date may entitle the

Government to remedies for late performance under subparagraph (f) of this clause titled

Excusable delays.

(z) Access to the Vessel

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

(2) The contractor further agrees to allow a reasonable number of officers, employees, and designated personnel of contractors 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, 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 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.

(ac) Option for Increased Quantity – Separately Priced Line Item The Government may require the performance of the numbered line items, identified in the Schedule as option items, at the unit prices stated in the Schedule. The option quantities shown in the Schedule are estimates only. The Government has the right to require performance of these items at the quantities deemed necessary. Therefore, the Government may exercise an option item on more than one occasion during the contract performance period. The Contracting Officer will provide initial notification of the exercise of an option either verbally, by facsimile, or both. When time is of essence initial notification will be provided verbally followed within 24 hours by a facsimile of confirmation. A contract modification will be executed shortly thereafter to include those options wherein exercise notification was provided. Such options may be exercised at any phase during the contract performance period as stated herein, or any extension of the performance period. To maintain the contract performance period the Contractor shall commence performance of an option item immediately upon receiving initial notification; but, not later than 24 hours thereafter, unless proper sequencing of the work requires a delay in beginning performance of the option. In that case, the option item shall be commenced as soon as proper sequencing permits. The exercise of any option item listed in the Schedule will not normally extend the contract performance period. However, the Contracting Officer may consider a request by the Contractor for contract extension if an option is exercised after 50% of the contract performance period has expired.

(ad) CONTRACTOR COVID-19 PREVENTION AND RESPONSE PLAN

The Contractor shall adhere to CDC, OSHA, state, and local guidance regarding COVID-19 precautions, to include mandatory wear of cloth face coverings by all personnel. Finally, the Contractor shall prepare a COVID-19 Prevention and Response Plan specific to this contract which details the Contractor’s prevention and response plans and procedures. This document shall be submitted no later than the arrival conference date, which is usually the first day of the period of performance.

(End of FAR 52.212-4 Addendum)

The clause at 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition and the additional

FAR clauses cited in the clause are applicable to the acquisition:

(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. (NOV 2021) (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 (NOV 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)).

(22) 52.219-28, Post Award Small Business Program Representation (SEP 2021) (15 U.S.C.

632(a)(2)).

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

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

(30) (i) 52.222-26, Equal Opportunity (SEP 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 (NOV 2021) (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).

(45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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(48) 52.225-1, Buy American - Supplies (NOV 2021) (41 U.S.C. chapter 83).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (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)(13)).

(End of clause)

Full Text Clauses

52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights (JUNE 2020)

(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 Federal Acquisition Regulation (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 FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

52.242-15 Stop-Work Order (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the

Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree.

The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

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 https://www.law.cornell.edu/uscode/text/41/chapter-83 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_242-5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/3.908#FAR_3_908 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/3.908#FAR_3_908 https://www.acquisition.gov/far/2.101#FAR_2_101

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV

2021)

(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.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44

U.S.C. 3502).

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Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are…