PRESOL | J | CGC ALEX HALEY (WMEC 39) Mini Dockside Repairs - Package #1

FBO DAILY ISSUE OF APRIL 23, 2011 FBO #3437
SOLICITATION NOTICE

J -- CGC ALEX HALEY (WMEC 39) Mini Dockside Repairs - Package #1

Notice Date: 4/21/2011
Notice Type: Combined Synopsis/Solicitation
NAICS: 336611 — Ship Building and Repairing
Contracting Office: Department of Homeland Security, United States Coast Guard (USCG), USCG Surface Forces Logistics Center (SFLC) Procurement Branch 2, 1301 Clay St., Suite 807N, Oakland, California, 94612-5249, United States
ZIP Code: 94612-5249
Solicitation Number: HSCG85-11-R-P45GE1
Archive Date: 6/1/2011
Point of Contact: Jake M. Apolonio, Phone: (510) 637-5964, Jo Ann T. Yamane, Phone: (510)637-5970
E-Mail Address: jake.m.apolonio@uscg.mil, JoAnn.T.Yamane@uscg.mil
(jake.m.apolonio@uscg.mil, JoAnn.T.Yamane@uscg.mil)
Small Business Set-Aside: Total Small Business
Description: Specifications for ALEX HALEY Mini DS FY' 11 Request for Proposals Title: Mini Dockside Repairs of CGC ALEX HALEY (WMEC 39) This is a 100% Total Small Business Set-Aside combined synopsis/solicitation HSCG85-11-R-P45GE1 for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This Request for Proposal incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-46. This is a 100% small business set-aside procurement. The NAICS is 336611. It is the policy of the Coast Guard 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 General Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 that Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the 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 at 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. This will not preclude re-filing of the protest to meet the requirement. 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 forwarded to the address: Commandant (CG-9131), U.S.Coast Guard Headquarters, Acquisition Planning and Performance Measurement, 1900 Half St. SW, Room 11-0402, Washington, DC. 20593, Telephone (202) 3723692, Fax: (202) 475, 3904. This requirement is to provide all labor, materials, and equipment to accomplish the following IAW the provided specifications: Dockside Repairs on CGC ALEX HALEY (WMEC 39) A. Contract Line Items D-1: Tanks (Potable Water) Clean & Inspect $ _____________________ D-2: Grey Water Holding Tank(s) Clean & Inspect $ _____________________ D-3: Sewage Holding Tank Clean & Inspect $ _____________________ D-4: Sea Chest Blanking $ _____________________ D-5: Sea Strainers (All Sizes) Overhaul $ _____________________ D-6: Sea Valve Repairs Afloat $ _____________________ D-7: Emergency Dewatering Fire Pump Inspection $ _____________________ D-8: Temporary Services, Provide $ _____________________ TOTAL AMOUNT OF DEFINITE ITEMS $ _____________________ B. Bid for composite labor rate: LABOR HOUR RATE * ESTIMATED QUANTITY = ESTIMATED AMOUNT $ ___________/HOUR * 1693 HOURS = $ ________________ C. Performance will commence on 28 June 2011 and complete no later than 5 August 2011. D. Place of Performance: All work to be accomplished at Pier 36 Alpha, BSU Seattle. E. Description of Requirement: Contractor shall provide all labor, materials and equipment to clean & inspect potable water tanks, grey water holding tanks, and sewage holding tanks, blank sea chests, overhaul sea strainers, repair sea valves in the main and auxiliary seawater system, inspect emergency dewatering fire pump, and provide temporary services in accordance with the attached Specification available on www.fbo.gov, or from the Contracting Specialist, phone (510) 637-5964 or email jake.m.apolonio@uscg.mil. As stated below, the provision at FAR 52.212-2, Evaluation-Commercial Items, applies with the following addenda: Offerors are cautioned that the government intends to evaluate offers and award a contract without discussions. Therefore, offeror's initial offer should contain its best terms. The Government will award a contract resulting from this synopsis/solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The contract will be awarded as a firm fixed price contract using simplified acquisition procedures in accordance with FAR Part 13.5. The following factors shall be used to evaluate offers: Past Performance and Price. 1) Past Performance: In accordance with FAR 52.212-1(b)(10) and the following, the offeror is required to identify past or current contracts for efforts similar to this requirement. Offerors shall provide the information shown below for at least three (3) and no more than five (5) contracts for the same or similar items, either currently being performed or completed in within three years prior to the date of this synopsis/solicitation. Provide as a minimum the following applicable information for each contract: (a) Contract number, Names of contracting parties or agency, point of contact, specifically the Contracting Officer and the Contracting Officer's Technical Representative (COTR), including email address and telephone number of these identified individuals. (b) Ship name, hull type, length, and displacement. (c) Type of availability (dry dock, dockside, etc.) and where performed; (d) Original contract commencement and completion dates, actual commencement and completion dates, and explanation of (i.e. reasons for) schedule slippage/extensions, if any; (e) Award price and final contract price (award plus growth), including the total number of growth work changes and scope of these changes. Past Performance will look at relevant experience, responsiveness, resources, quality and consistency of services, customer satisfaction, and management. 2) Price: The aggregate price determined by totaling the offer price for the definite items, plus the composite labor hour extended total. Past performance is approximately equal to cost or price. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. INSPECTION OF CUTTER PRIOR TO SUBMISSION OF OFFERS (a) All prospective offerors are urged to visit the cutter and visually inspect each item of Work and to become acquainted with local conditions, locations of items and fixtures, removals, replacements, interference and the nature of work. CGC ALEX HALEY will be available for ship check during the solicitation process. Please call LT Toby Kilborn, Project Manager of CGC ALEX HALEY, at (907) 487-5616 to arrange a ship check. (b) Failure to inspect the cutter will not relieve the offeror from responsibility for properly estimating the difficulty or cost of successfully performing the work. (c) The Government assumes no responsibility for any representations concerning conditions made by any of its officers, agents, or employees before execution of the contract unless included in the solicitation, documents incorporated therein or amendments thereto. EVALUATION APPROACH (a) An evaluation plan has been established to evaluate the factors set forth below and all proposals shall be subject to evaluation by a team of Government personnel in accordance with the plan. (b) The Government will evaluate each proposal strictly in accordance with its content and will not assume that performance will include areas not specified in the offeror's written proposal. The Government reserves the right to contact other government and commercial sources to validate information submitted in a proposal and to assess capability, past performance and responsibility. (c) Proposals, which are unrealistic in terms of price, will be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risks of the proposed contract. Such proposals may be rejected as unacceptable without further discussions. In addition, the Government reserves the right to eliminate from consideration those proposals so deficient in information as to require a major re-write or revision in order to become acceptable. (d) The technical evaluation factors and other factors other than price, when combined, are approximately equal to price. Price will not be a numerically weighted factor in the evaluation of proposals. If the two or more highest rated technical proposals are considered to be essentially equal in terms of technical competence, price may become the determinative factor in making an award. (e) The Government reserves the right to award a contract on the basis of evaluation of the original submission without discussions or call for Final Proposal Revisions. The contract will be awarded as a firm fixed price contract using simplified acquisition procedures. The Government will award a contract resulting from this synopsis/solicitation to the responsible offeror whose offer conforming to the solicitation will be more advantageous to the Government, price and other factors considered. For the purpose of this solicitation past performance is approximately equal to price. Potential sources having the expertise and required capabilities are invited to submit proposals that will be considered by the agency. Proposals should be written AND NOT EXCEED TEN (10) PAGES and submitted in a legible format. Proposals must fully address Past Performance. No reference to Price shall be included in the Proposal. Proposals must contain the contractor's Tax Information Number, and DUNS Number. Proposals must be received not later than 17 May 2011, 10:00 A.M. Local California time. Proposals received after the date and time specified will not be considered. Proposals may be submitted as an attachment to an e-mail addressed to: jake.m.apolonio@uscg.mil The following FAR clauses apply to this solicitation, and Offerors may obtain full text versions of these clauses electronically at http://www.arnet.gov/far: FAR 52.212-1, Instructions to Offeror-Commercial Items (JUN 2008) FAR 52.212.2 Evaluation Commercial Items (JAN 1999), FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (APR 2011) with Alt 1 included. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (JUN 2010). (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights -- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: (A) Change the name in the CCR database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757. THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT ADMINISTRATION A. Contracting Officer: The Contracting Officer has the overall responsibility for the administration of this contract. He/she alone is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, details or delivery schedules. The Contracting Officer may delegate certain technical responsibilities to a technical representative. B. Contracting Officer's Technical Representative (COTR), will be designated by letter to administer technical aspects of this contract, limited to technical review and approval of work. Wherever the term "Authorized Representative of the Contracting Officer", Inspecting Officer," or "Commanding Officer" appear in the contract or referenced documents, it shall be taken as reference to the COTR. The COTR is not authorized to change the scope, price, delivery or other terms and conditions of the contract. Any disputes regarding performance of the contract shall be brought promptly to the attention of the Contracting Officer. C. Administrative Contracting Officer (ACO): An Administrative Contracting Officer may be designated in writing to administer this contract. He/she will act as Contracting Officer in all general matters and for all monetary adjustments within his/her warranted authority. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders, Commercial Items (APR 2011). (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). ___ (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). ___ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a). _X_ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (9) [Reserved] _X_ (10) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). _X_ (ii) Alternate I (Oct 1995) of 52.219-6. ___ (iii) Alternate II (Mar 2004) of 52.219-6. ___ (11) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. _X_ (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). ___ (13) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. _X_ (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). ___ (15) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (16) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (17) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (18) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). _X_ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). ___ (21) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011). ___ (22) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011). _X_ (23) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (24) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). _X_ (25) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (26) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (27) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). _X_ (28) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (29) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ___ (30) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (31) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (32) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (33) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (34) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _X_ (35) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O. 13513). _X_ (36) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (37) (i) 52.225-3, Buy American Act -Free Trade Agreements - Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (38) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (39) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (40) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (42) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (43) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (44) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (45) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (46) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (47) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (48) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). _X_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. INVOICING REQUIREMENTS - - FIRM FIXED PRICE A. OMB Circular A-125 provides that the following data must be included in an invoice for it to constitute a proper invoice: (1) Name of the business concern and invoice date. (2) Contract number or other authorization for delivery of property or service. (3) Description, price, and quantity of property and services actually delivered or rendered. (4) Shipping and payment terms. (5) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent. B. An original invoice shall be submitted to the following designated office: USCG, Commander Surface Forces Logistics Center C&PD2-LRE 1301 Clay Street, Suite 800N Oakland, CA 94612 M/F: Contract No. HSCG85-11-C-_________ C. Inquiries regarding payment must be directed to the Customer Service Representative, Chesapeake, VA at (757) 523-6940. PROGRESS PAYMENTS A. The Contractor may invoice requesting progress payments without discount, other than any prompt payment discount offered, not more frequently than twice a month. B. The invoice amount should reflect the percentage and dollar amount of completion established by the cutter's appropriate weekly progress report. Payments shall be derived from the accomplished percentage of completion as determined by the Contracting Officer. C. All material and work paid for by progress payments shall thereby become the sole property of the Government, but this provision shall not relieve the Contractor from the obligation to complete the requirements of the contract. D. The contractor shall be paid the remaining amount due upon completion and acceptance of all work under this contract ADDITIONAL WORK A. If the need for additional work develops, the Contractor must obtain authority orally or in writing from the Contracting Officer before proceeding with such work. B. To the extent requested by the Contracting Officer, the Contractor shall prepare and submit written proposals for proposed change orders, which may be required to include: (1) A complete breakdown of labor hours and costs by labor category and phase of work as identified by the Contracting Officer; (2) A complete breakdown of material costs showing material required, source (with point of contact), part number, unit and extended cost and contractor's material handling costs. (3) A complete breakdown of labor and material as described above for each proposed subcontractor. C. The contractor shall submit written proposals and breakdown to the Contracting Officer via e-mail jake.m.apolonio@uscg.mil. COMPOSITE LABOR HOUR RATE FOR CONTRACT CHANGES A. The composite labor hour rate price shall be the sole labor hour rate used to price the prime contractor's direct labor hours for all contract changes, whether growth within scope or new work. The contractor shall not receive any compensation in addition to this rate for prime contractor's direct labor associated with changes under this contract. B. The composite labor hour rate shall represent total compensation for the following: direct labor; any port or association fees, rents or other levies; all overhead and general and administrative costs; profit; and all direct and indirect costs and profit associated with following support functions: Supervision Quality Assurance Planning Engineering Surveyors Worker Transit Time Material Handling Testing Cleaners Guards Estimating Contract Administration C. The composite labor hour rate will be used in pricing production labor hours. This shall include only those hours necessary and reasonable to perform direct production functions, and will not include the support functions listed above, whether the contractor normally charges such support functions directly or indirectly by the contractor's accounting system. These support functions are to be priced into the bid rate and shall not be separately compensated. D. This clause shall not affect the other rights of the parties under FAR 52.243-1, CHANGES-FIXED PRICE (AUG 1987)(ALT II)(APR 1984), including the right of the Contracting Officer to issue unilateral change orders, and the right of the contractor to request equitable adjustment. E. The Estimated Quantity indicated by the Government is an estimate only, and the Extended Amount indicated by the bidders is not ordered by award of a contract pursuant to this solicitation. The Estimated Quantity represents the Government's best estimate of the total number of hours that will be required. The actual number of hours may be greater or less. SECURITY REQUIREMENTS A. For each affected Coast Guard facility, the Contractor shall provide a list of all on-site personnel, including sub-contractors (including second and third-tier subcontractors) and suppliers, to the Contracting Officer. The contractor shall update this list when changes occur. Contractor personnel not listed may be denied access to the Coast Guard facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the Coast Guard facility. Contractor personnel shall have photo identification at all times while working on Coast Guard facilities. B. Contractor and delivery personnel may be required to present personal photo identification to gain access to a Coast Guard installation. If identification does not indicate United States citizenship, Coast Guard Security may require proof of the legal right to work in the United States. Contractor and delivery personnel also may be subjected to an immigration status and outstanding criminal warrants check. C. Contractors shall provide the Contracting Officer's Technical Representative with 24 hours of advance notice of every delivery to the site (e.g., concrete, lumber, parts, etc.) and provide the company name, delivery person, and phone number of the firm(s) making deliveries. All vehicle access to government property requires vehicle registration and proof of liability insurance. Otherwise access to the Coast Guard facility may be denied. INSURANCE REQUIREMENTS A. The contractor shall be required to procure and thereafter maintain the following insurance: (1) Ship repairer's legal liability insurance to insure the risks described in TAR 1252.217-76 Liability and Insurance (OCT 1994), in the amount of $300,000.00. (2) Comprehensive general liability insurance to insure the risks described in TAR 1252.217-76 Liability and Insurance (OCT 1994), in the amount of $300,000.00 on account of any one accident or occurrence with respect to each cutter, boat and barge upon which work is to be performed under this solicitation and the contract resulting there from; (3) Full insurance coverage in accordance with the State Workmen's Compensation law; and (4) Full insurance coverage in accordance with the United States Longshore and Harbor Workers' Compensation Act. B. As evidence that he has obtained the insurance specified in this schedule, 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 certificate shall be furnished before commencement of work. Each certificate shall state that (NAME OF INSURER) has insured (NAME OF CONTRACTOR), in accordance with the Liability and Insurance clause and the Insurance Requirements clause contained herein. Each certificate shall set forth that each policy of insurance represented thereby will expire on (DATE) and that each such policy contains the following clause: "It is agreed that in the event of cancellation, or any material change in the policy adversely affecting the interest of the Government in this insurance, thirty (30) days' prior written notice will be given to the Contracting Officer." C. Offerors who propose to self-insure for any of the risks set forth in the Liability and Insurance clause and in the Insurance Requirements clause contained herein shall submit satisfactory evidence to permit the Contracting Officer to determine that the offerors assets are sufficient for the risks set forth in such clauses. The offerors shall submit with his offer two (2) certified copies of documents listing his assets and liabilities and such other information as deemed necessary by the offerors or as required by the Contracting Officer. For approval of self-insurance under the State Workmen's Compensation Law and the United States Longshore and Harbor Workers' Compensation Act, evidence of qualifications as a self-insurer under the applicable compensation statute must be furnished to the contracting officer. CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR) (a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror's past performance of 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 contract, the contractor will be notified of the assessment. The contractor will be allowed 30 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. (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: CPARS 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. 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 contractor's facility, and access to the cutter to perform and fulfill their respective obligations to the Government on a noninterference basis. All such above personnel shall comply with all contractor rules and regulations governing personnel at its facility, 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 other offerors when inspecting contemplated work, the same privileges of admission to the contractor's facility and access to the cutter on a noninterference basis, subject to all contractor rules governing personnel at its facility, including those relating to safety and security. 52.219-28 Post-Award Small Business Program Re-representation (APR 2009) (a) Definitions. As used in this clause- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 336611 assigned to contract number HSCG85-11-C-P45989. [Contractor to sign and date and insert authorized signer's name and title]. HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUN 2006) (a) Sensitive Information, as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information: (1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee); (2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, "Policies and Procedures of Safeguarding and Control of S SI," as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee); (3) Information designated as "For Official Use Only," which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person's privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated "sensitive" or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. (b) "Information Technology Resources" include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites. (c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures. (d) The Contracting Officer may require the contractor to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns. (e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance. (f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION \ (48 CFR Chapter 30) CLAUSES: 3052.209-72 Organizational Conflict of Interest DEC 2006 3052.211-71 Index for Specifications DEC 2003 3052.215-70 Key Personnel or Facilities DEC 2003 3052.217-90 Delivery and Shifting of Vessel DEC 2003 3052.217-91 Performance DEC 2003 3052.217-92 Inspection and Manner of Doing Work DEC 2003 3052.217-93 Subcontracts DEC 2003 3052.217-94 Lay Days DEC 2003 3052.217-95 Liability and Insurance DEC 2003 3052.217-96 Title DEC 2003 3052.217-97 Discharge of Liens DEC 2003 3052.217-98 Delays DEC 2003 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair DEC 2003 3052.217-100 Guarantee (90 DAYS) JUN 2006 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work DEC 2003 3052.222-90 Local Hire JUN 2006 3052.223-70 Removal or Disposal of Hazardous Substances-Applicable Licenses and Permits (30 days) JUN 2006 3052.223-90 Accident and Fire Reporting DEC 2003 3052.242-72 Contracting Officer's Technical Representative DEC 2003 3052.245-70 Government Property Reports [Deviation] AUG 2008 Offerors are advised of the requirement to include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial items, with its offer. All questions regarding this solicitation should be directed to Jake M. Apolonio at (510) 637-5964 or via e-mail jake.m.apolonio@uscg.mil.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/VPLMLCP/HSCG85-11-R-P45GE1/listing.html)
Place of Performance: Address: Pier 36 BSU Seattle, 1519 Alaskan Way South, Seattle, Washington, 98134-1192, United States; Zip Code: 98134-1192
Record: SN02430028-W 20110423/110421234421-c6a962a3701296c3256194661050b169 (fbodaily.com)
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J -- CGC ALEX HALEY (WMEC 39) Mini Dockside Repairs - Package #1