FBODaily.com | FedBizOpps: PRESOL | U | Shipyard Competent Person Course

FBO DAILY - FEDBIZOPPS ISSUE OF FEBRUARY 01, 2013 FBO #4087
SOLICITATION NOTICE

U -- Shipyard Competent Person Course

Notice Date: 1/30/2013
Notice Type: Combined Synopsis/Solicitation
NAICS: 611430 — Professional and Management Development Training
Contracting Office: Department of Homeland Security, United States Coast Guard (USCG), Commandant (CG-912), U.S. Coast Guard Headquarters, U.S. Coast Guard Headquarters (CG-912), 1900 Half Street, SW, Washington, District of Columbia, 20593-0001, United States
ZIP Code: 20593-0001
Solicitation Number: HSCG23-13-Q-PBP041
Archive Date: 2/23/2013
Point of Contact: Harrison J. Morten, Phone: 2024753125, Robert Mann-Thompson, Phone: 2024753252
E-Mail Address: Harrison.J.Morten@uscg.mil, robert.a.mann-thompson@uscg.mil
(Harrison.J.Morten@uscg.mil, robert.a.mann-thompson@uscg.mil)
Small Business Set-Aside: N/A
Description: RFQ# HSCG23-13-Q-PBP041 Description: Shipyard Competent Person Course This acquisition is being issued in accordance with FAR Subpart 13. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Request for Quote number is HSCG23-13-Q-PBP041. The NAICS code is 611430. This solicitation documents and incorporates provisions and clauses that are in effect through FAC 2005-64 (January 18, 2013). It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The U.S. Coast Guard intends to establish a Purchase Order to provide contractor training support services for Shipyard Competent Person training for the U.S. Coast Guard at Training Center Yorktown, VA and Petaluma, CA exported CONUS and OCONUS locations to be determined. FAR 52.212-1 Instructions to Offerors - Commercial items (Feb 2012) and is supplemented as follows: Offerors shall submit an electronic version of their quote in Adobe.pdf format Offerors shall submit quotes IAW the CLIN structure below. Travel will be provided by the government as a cost reimbursable CLIN in the amount of $12,000.00. CLIN 00001 Description: Shipyard Competent Person Course Amount: 6 Unit: EA Unit Price: ____________ Quote Submission Deadline: 1400 ET on Feb 8, 2013 via email to Harrison J. Morten at Harrison.J.Morten@uscg.mil. FAR 52.212-2, Evaluation - Commercial Items (JAN 1999) is applicable to this procurement. This is a lowest price technically acceptable (LPTA) solicitation. The evaluation factors are: Acceptability: To determine acceptability the Government will evaluate each vendor's ability to provide the services required in the SOW. Lowest Price: The Government will evaluate the total overall price to determine accuracy, completeness, and reasonableness. FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Aug 2012) (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)). _X_ Alternate I (Aug 2007) of 52.222-50 (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.] __ (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 (June 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 (Aug 2012) (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's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (10) 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). __ (11) [Reserved] _X_ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (13)(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. __ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (15)(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 (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (19)(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. __ (20) 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). __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). __ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). _X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). __ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). __ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (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.) __ (35)(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.) __ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (37)(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_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). __ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Mar 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (45) 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)). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (51)(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.). __ (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) (41 351, 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 (Sept 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 (Jul 2012). (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. (End of clause) FAR 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far/loadmainre.html 52.203-5 Covenant Against Contingent Fees (April 1984); 52.203-7 Anti-Kickback Procedures(October 2010); 52.204-2 Security Requirements (August 2006); 52.204-6 Data Universal Numbering System (DUNS) Number(April 2008); 52.204-8 Annual Representations and Certifications(Nov 2011); 52.209-6 Protecting the Government's Interest When Subcontracting with Contractor's Debarred, Suspended, or Proposed for Debarment(Dec 2010); 52.212-3 Offeror Representations and Certifications-Commercial Items (Dec 2012); 52.212-4 Contract Terms and Conditions - Commercial Items (Feb 2012); 52.232-25 Prompt Payment(Oct 2008); 52.233-2 Service of Protest (Sept 2006); 52.233-4 Applicable law for Breach of Contract Claim (Oct 2004); 52.249-1 Termination for convenience of the Government (Fixed price) (Short Form) (Apr 1984); and 52.252-6 Authorized Deviations in Clauses (Apr 1984); HSAR 3052.247-72 - F.O.B. destination only. [R1] (End of clause) 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. (End of clause) HSAR 3052.209-72 ORGANIZATIONAL CONFLICT OF INTEREST (JUN 2006) (a) Determination. The Government has determined that this effort may result in an actual or potential conflict of interest, or may provide one or more offerors with the potential to attain an unfair competitive advantage. The nature of the conflict of interest and the limitation on future contracting, if applicable, will be specified on each task order. (b) If any such conflict of interest is found to exist, the Contracting Officer may (1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of the United States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded. After discussion with the offeror, the Contracting Officer may determine that the actual conflict cannot be avoided, neutralized, mitigated or otherwise resolved to the satisfaction of the Government, and the offeror may be found ineligible for award. (c) Disclosure: The offeror hereby represents, to the best of its knowledge that: ___ (1) It is not aware of any facts which create any actual or potential organizational conflicts of interest relating to the award of this contract, or ___ (2) It has included information in its proposal, providing all current information bearing on the existence of any actual or potential organizational conflicts of interest, and has included a mitigation plan in accordance with paragraph (d) of this provision. (d) Mitigation. If an offeror with a potential or actual conflict of interest or unfair competitive advantage believes the conflict can be avoided, neutralized, or mitigated, the offeror shall submit a mitigation plan to the Government for review. Award of a contract where an actual or potential conflict of interest exists shall not occur before Government approval of the mitigation plan. If a mitigation plan is approved, the restrictions of this provision do not apply to the extent defined in the mitigation plan. (e) Other Relevant Information: In addition to the mitigation plan, the Contracting Officer may require further relevant information from the offeror. The Contracting Officer will use all information submitted by the offeror, and any other relevant information known to DHS, to determine whether an award to the offeror may take place, and whether the mitigation plan adequately neutralizes or mitigates the conflict. (f) Corporation Change. The successful offeror shall inform the Contracting Officer within thirty (30) calendar days of the effective date of any corporate mergers, acquisitions, and/or divestures that may affect this provision. (g) Flow-down. The contractor shall insert the substance of this clause in each first tier subcontract that exceeds the simplified acquisition threshold. (End of clause) HSAR 3052.215-70, KEY PERSONNEL OR FACILITIES (DEC 2003) (a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate. (b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change. The Key Personnel or Facilities under this Contract: Instructor (End of clause) NOTICE FOR FILING AGENCY PROTESTS 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 cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG 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. 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 submitted to: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695 Contracting Office Address: USCG Headquarters (CG-9121) 2100 2nd St. SW Washington, DC 20593-0001 Point of Contact: Robert A. Mann-Thompson Contracting Officer Robert.A.Mann-Thompson@uscg.mil Phone: 202-475-3252 Point of Contact: Harrison J. Morten Jr. Contract Specialist (CTR) Harrison.J.Morten@uscg.mil Phone: 202-475-3125 PERFORMANCE WORK STATEMENT DATED: NOVEMBER 16, 2012 1.0 GENERAL. 1.1 SCOPE. The propose of this purchase order is to obtain contractor training support services for the U.S. Coast Guard (USCG) Office of Safety and Environmental Health. Specifically this purchase order requires the contractor to provide classroom and lab instruction training for a four (4) day Shipyard Competent Person course (code 500799) to a maximum class size of 30 students. The course shall give USCG personnel the knowledge and skills necessary to perform as competent persons as described in 29 CFR 1915 part B and CMDTNOTE 15000 of April 27, 2001. The contractor shall teach students to apply the recognizable, evaluate and control (REC) model to confined space hazards at ship repair, construction and maintenance facilities during USCG marine safety activities aboard vessels. The applicable guidance and regulations 29 CFR 1915, NFPA 306, COMDINST 5100.47 and COMDNOTE 16000 dated April 27, 2001- shall be reviewed. The roles of the marine chemist and shipyard competent person shall be discussed in detail, and students shall learn to use confined space atmospheric testing equipment during "hands on" and simulated entry exercises. Training shall be held at locations listed in section 1.9. 1.2 BACKGROUND. The USCG mission is to provide Shipyard Competent Person training to selected personnel who work in and around confined spaces on vessels; Afloat Gas Free Engineers and Afloat GFE Petty officers and competent persons. The purpose of this course is to provide students with the technical knowledge and skills to perform the suties of a competent person. 1.3 CONTRACTOR PERSONNEL. 1.3.1 Qualified Personnel. The Contractor shall provide qualified personnel to perform all requirements specified in this purchase order. 1.3.2 Specific Personnel Requirements - Instructors. Instructors are designated as key by the government (see HSAR 3052.215-70). The contractor shall provide qualified personnel who meet the following requirements: 1.3.2.1 Instructors shall be from the National Fire Protection Agency (NFPA), or be NFPA Approved [R2]. Instructors will be required to submit proof of membership in NFPA if they are not NFRA provided instructors. 1.3.3 Employee Conduct. Contractor employees shall present a professional appearance at all times and their conduct shall not reflect discredit upon the United States, the Department of Homeland Security, and the United States Coast Guard. 1.3.4 Removing Employees for Misconduct or Security Reasons. The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from Coast Guard facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under this task order. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee. 1.4 SECURITY. Contractor access to classified information is not currently required under this task order. 1.5 PERIOD OF PERFORMANCE. The period of performance will be 12 months from the date of award. 1.6 PLACE OF PERFORMANCE. The primary place of performance shall be at USCG TRACEN Yorktown, VA and Petaluma, CA exported CONUS and OCONUS locations to be determined. 1.7 HOURS OF OPERATION. USCG facilities are open between the hours of 0800 and 1700 Monday through Friday (except Federal holidays). 1.8 TRAVEL. Travel is anticipated on this contract. All travel shall be approved in advance and in writing by the COR on this contract. If travel is authorized or directed by the COR, the Contractor shall be reimbursed for direct costs in accordance with FAR 31.205-46 for transportation, lodging, and meal per Diem. The USCG will not reimburse indirect costs such as G&A, burdens, miles on personal car to and from the airport, or labor costs to and from the travel destination. 1.9 KICK-OFF MEETING. The Contractor shall attend a Kick-Off Meeting with the Contracting Officer and the COR not later than five (5) business days after the date of award. The purpose of the Kick-Off Meeting, which will be chaired by the Contracting Officer, is to discuss technical and contracting objectives of this task order and review the Contractor's Project Plan. The Kick-Off Meeting will be held at the Government's facility or remotely by virtual conferencing tools (i.e., teleconference, online meetings). 1.10 INTELLECTUAL PROPERTY. All Contractor developed processes and procedures and other forms of intellectual property first developed under this task order shall be considered Government property. 2.0 GOVERNMENT TERMS & DEFINITIONS. •2.1 USCG - United States Coast guard •2.2 SOW - Statement of Work •3.0 GOVERNMENT FURNISHED RESOURCES. •3.1 The Government will provide the following to the Contractor for work required under this contract: 3.1.1 The Government will provide classroom space, with chalk/dry erase boards, and television/projection equipment for the course. •4.0 CONTRACTOR FURNISHED PROPERTY. The Contractor shall furnish all, materials, equipment and services necessary to fulfill the requirements of task orders awarded under this contract, except for the Government Furnished Resources specified in PWS 3.0 of this work statement. At a minimum, the Contractor shall provide the following: 4.1 Course Training Outline and Test Material 4.2 Power Point Disks 4.3 Training Videos 4.4 Handout Materials 4.5 Training completion certificates for personnel completing course 4.6 Copies of course manuals for each student 4.7 Projection system for courses conducted outside TRACEN Yorktown [R3] 4.8 The Contractor shall provide a printed instructional workbook to each student attending the course 4.8.1 The Contractor shall provide feedback and recommendations for improvements on USCG provided addendums to the COR. 4.9 The Contractor shall provide a minimum of six (6) BW Technologies Micro 5 PID (with integral pump) atmospheric monitoring meters per class for use by students during instruction and exercises. 4.10 When training is being held at a USCG training center, the Contractor shall arrange to provide Atmospheric testing on board a vessel for a half-day lab portion of the course if possible. If a vessel is not available Atmospheric testing shall be with a Chemical Sampling Box, if suitable lab facilities are not provided at the training location. 4.11 In OCONUS locations, the USCG unit hosting the training will assist in arranging the Atmospheric testing on a vessel. If no vessel is available the Contractor shall use a Chemical Sampling Box. 5.0 REQUIREMENTS The Contractor shall provide classroom and lab instruction training for 6-15 sessions of a four (4)-day Shipyard Competent Person course to a maximum class size of 30 students. The course shall give USCG personnel (active duty. reserves, civilian and auxiliary) the knowledge and skills necessary to perform as a Competent Persons as described in 29 CFR 1915 subpart Band COMDTNOTE 15000 of 27 APR 01. The Contractor shall teach students to apply the recognize, evaluate and control (REC) model to confined space hazards at ship repair, construction and maintenance facilities during USCG marine safety activities aboard vessels. The applicable guidance and regulations - 29 CFR 1915 NFPA 306 COMDINST 5100.47 and COMDTNOTE 16000 dated 27 APR 2001-shall be reviewed. The roles of the Marine Chemist and Shipyard Competent Person shall be discussed in detail, and students shall learn to use confined space atmospheric testing equipment during "hands on" and simulated entry exercises. 5.1 INSTRUCTOR SUPPORT The Contractor's Instructor(s) shall maintain an environment conducive to learning and shall provide the following: 5.1.1 Maintain a high standard of professional qualifications in instructional and technical areas. 5.1.2 Utilize Government approved Instructor guide for this course and personalize it for each subject matter area as needed. 5.1.3 Recommend curriculum changes to course for approval by COR prior to implementation. 5.1.4 Maintain qualifications in instructional techniques, training aids, training equipment, training devices and instructional material required to teach assigned topics. 5.1.5 Prepare the classroom for instruction (e.g., assemble course material as required, ensure course materials are brought into classroom" arrange tables and chairs, layout course materials for each student) and ensure classroom is left in an orderly fashion at the end of each day, especially on the last day of the class. 5.1.6 Upon request of the appropriate authority, make academic comments concerning students. 5.1.7 Ensure a dignified, harmonious and professional classroom atmosphere. 5.1.8 Administer, grade and review examinations, as necessary. 5.1.9 Report all problem areas related to assigned duties and responsibilities to the COR. 5.1.10 Teach all assigned topics, in accordance with contract requirements, effectively utilizing allotted time. 5.1.11 Perform operational check on assigned training equipment, devices and aids. 5.1.12 Refer unresolved students' disciplinary problems to the appropriate military authority. 5.1.13 Monitor students to ensure safe usage of all training equipment, devices and training aids 5.2 COURSE CRITERIA The Contractor shall instruct a group-paced, criterion referenced, instructor managed, student participation, lecture, laboratory type instructional system that uses firmly established training procedures. All procedures shall be accomplished in accordance with the latest instructional methodology. Upon completion of this course, the students will be able to: 5.2.1 Anticipation of hazards of confined or enclosed spaces 5.2.2 Recognize and identify hazards of confined or enclosed spaces 5.2.3 Evaluate hazards of confined or enclosed spaces 5.2.4 Control hazards of confined or enclosed spaces 5.2.5 Properly use confined space atmospheric testing instrumentation 5.2.6 Keep proper Competent Logs 5.2.7 Maintain safe conditions in a confined of enclosed space 5.3 COURSE CURRICULUM The Contractor shall provide training for the USCG using learning materials, equipment and methodologies to produce a graduate that satisfies the USCG's training mission. At a minimum, the curriculum shall address the following: 5.3.1 Confined space and hazard Recognition 5.3.2 Confined space and hazard Evaluation 5.3.3 Confined space and hazard Control 5.3.4 Confined space hazard instrumentation (BW Technologies Micro5 PID) 5.3.5 Repair work on small craft 5.3.6 Repair work on large craft 5.3.7 Precautions and testing before entering confined spaces including detection of Oxygen content, flammable atmospheres, Toxic, Corrosive. Irritant or Fumigated atmospheres and residues. 5.3.8 Cleaning and other cold work 5.3.9 Hot work requiring testing 5.3.10 Maintenance of safe conditions 5.3.11 Warning signs and labels 5.3.12 Coast Guard specific confined space information 5.3.13 General Competent Person duties including recordkeeping, testing and training requirements 5.3.14 General industrial Hygiene and Toxicology of hazards associated with confined spaces 5.3.15 Content of USCG provided addendum (See 3.2) 5.4 INSTRUCTORS AND CLASS SIZE 5.4.1 At least two Instructors shall instruct each class, one of which shall be a NFPA Certified Marine Chemist. 5.4.2 The maximum class size is 30 students. 5.4.2.1 The Government reserves the right to cancel or change a convening at no cost/penalty to the Government. The Contractor will be notified no later than 15 calendar days prior to the first day of the class, if the convening is cancelled. 5.4.2.2 The Government reserves the right to exceed the class size on a case-by-case, limited basis at no extra cost to the Government if agreed to in advance by the COR and the Contractor. 5.5 COURSE COMPLETION AND CRITIQUES 5.5.1 The Contractor shall administer a written test to each member of the class at the beginning and end of the course and the results will be recorded. The Contractor may administer written quizzes as necessary. 5.5.1.1 The Contractor shall modify testing to include content from USCG provided addendums. 5.5.2 The Contractor shall provide graduation certificates for the course. These certificates shall be filled out by the Contractor at the end of each course and passed out to students who have successfully completed the course. 5.5.3 Contractor shall complete a non-completion record for each student who does not complete the course and provide to the COR. 5.5.3.1 Any student missing more than 10% of a class will fail the course and not receive a graduation certificate. The contract instructor should contact the COR immediately to discuss the student's situation. The Government retains the right to make the final decision on whether or not a student will be allowed to stay for the remainder of the course. 5.5.4 Contractor Instructors will be evaluated by Government Subject Matter Experts and by student critiques. Contractor shall ensure that a student roster is completed and submitted to the COR and that student critiques are completed. 5.5.5 The Contractor shall submit to the COR a course completion report within five (5) business days after the end of each class convening. The report shall include, as a minimum, a student roster, pre and post class assessment, student critiques, test results and instructor comments/observations. 5.5.5.1 Based on feedback received from student critiques, the Contractor shall submit to the COR recommendations for changes to the curriculum for upcoming training sessions. Upon agreement between the Contractor and the Government (see SOW 5.1.3), the Contractor shall implement the changes to the curriculum and provide an updated version to the Government not later than thirty (30) days prior to the upcoming training session. 5.5.6 The Contractor shall immediately report all accidents occurring on Government property involving contract employees to local emergency response units and to the local resident authority and report the findings in writing to the COR within three (3) calendar days after the occurrence. When required, the Contractor shall provide input for reporting accidents involving USCG students. 5.5.7 The Contractor shall establish, maintain, and monitor the quality assurance of the services provided via a detailed QAP clearly stating his/her procedures for ensuring quality. As part of the plan, the Contractor shall establish and maintain an instructor evaluation system. Records of all instructor evaluations for contract employees shall be kept current, complete, and available to the Contracting Officer or COR upon request during the performance of this task order. 6.0 REFERENCES 6.1 29 CFR 1915 6.2 COMDINST 5100.47 6.3 COMDTNOTE 16000 dated 27 APR 2001 6.4 NFPA306 7.0 DELIVERABLES. The Contractor shall deliver the following at the dates indicated. ITEM SOW DELIVERABLE / EVENT DUE BY 1 1.10 Kick-Off Meeting NLT five (5) business days after the date of award 2 5.0 SCP Classes Delivered as agreed upon with COR 3 5.5.5 Course Completion Report NLT five (5) business days after completion of class 8.0 PERFORAMNCE REQUIREMENTS SUMMARY Objective 1: Course critiques shall be completed in a timely manner NLT 5 business days after completion of the course. This Objective shall have 100% COR surveillance. Objective 2: Contractor shall maintain 75% or greater pass rate or provide COR with suggestions for improvement if this metric cannot be met. This Objective shall have 100% COR surveillance. (END OF PERFORMANCE WORK STATEMENT) [R1] If any of these are included in FAR 52.212-4 or 52.212-5 they should be removed from this section. KAB: These are not in 212-3, 212-4, or 212-5 [R2] How would this be validated? KAB: Addressed in next sentence [R3] I'm not sure I understand what's meant here. It sounds like you want the company to bring materials, tests, presentations, copies of the manuals for each student and a projector for courses outside of TRACEN Yorktown. Right? KAB: Yes
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U -- Shipyard Competent Person Course