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

FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 09, 2014 FBO #4488
SOLICITATION NOTICE

U -- Shipyard Competent Person Training

Notice Date: 3/7/2014
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, 2703 MARTIN LUTHER KING JR AVE SE, STOP 7828, Washington, District of Columbia, 20593-7828, United States
ZIP Code: 20593-7828
Solicitation Number: HSCG23-14-R-PBP041
Archive Date: 4/8/2014
Point of Contact: Khia Baylor-Davis, Phone: 202-475-3410, Robert Floyd R. Mann-Thompson, Phone: 202-475-3252
E-Mail Address: khia.e.baylor-davis@uscg.mil, Robert.a.mann-thompson@uscg.mil
(khia.e.baylor-davis@uscg.mil, Robert.a.mann-thompson@uscg.mil)
Small Business Set-Aside: Total Small Business
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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. Solicitation number is HSCG23-14-R-PBP041 is being issued as a Request for Proposal (RFP). The associated North American Industrial Classification System (NAICS) code for this procurement is 611430 with a size standard of $10 million. This solicitation document incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2005-72 (January 1, 2014). 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 single Indefinite Delivery/Indefinite Quantity (IDIQ) contract to procure contractor support services for Shipyard Competent Person Training with an order period of 5 (five) years. Offerors shall submit proposals IAW the CLIN structure below. Travel will be reimbursed in accordance with FAR 31.205-46 and will be provided by the Government as a cost reimbursable CLIN a total amount of $60,000.00 throughout the ordering period of the contract. CLIN Structure: Year One CLIN: 00001 Description: Shipyard Competent Person Training Max Quantity: 6 Unit: EA Unit Price: ______________ TOTAL YEAR ONE: ________________ Year Two CLIN: 10001 Description: Shipyard Competent Person Training Max Quantity: 6 Unit: EA Unit Price: ______________ TOTAL YEAR TWO: ________________ Year Three CLIN: 20001 Description: Shipyard Competent Person Training Max Quantity: 6. Unit: EA Unit Price: ______________ TOTAL YEAR THREE: ________________ Year Four CLIN: 30001 Description: Shipyard Competent Person Training Max Quantity: 6. Unit: EA Unit Price: ______________ TOTAL YEAR FOUR: ________________ Year Five CLIN: 40001 Description: Shipyard Competent Person Training Max Quantity: 6. Unit: EA Unit Price: ______________ TOTAL YEAR FIVE: ________________ CLIN: 50001 Description: Travel Not-to-Exceed Amount: $60,000 The gaurenteed minimum is three courses throughout the ordering period. Description of requirements for the items to be acquired - All services and deliverables shall be in accordance with the Performance Work Statement (PWS) provided below. The dates and location of services will be set forth in each Task Order. The following provisions and clauses apply to this acquisition and are incorporated by reference or in full text: FAR 52.212-1 - Instructions to Offerors - Commercial Items (July 2013) is incorporated by reference and supplemented as follows: QUESTION SUBMISSION DEADLINE: Any questions should be submitted in writing via email to Khia.E.Baylor-Davis@uscg.mil, no later than 14:00 pm ET on Friday, March 14, 2014. PROPOSAL SUBMISSION DEADLINE: Offerors shall post an electronic version of the proposal to www.fbo.gov in MS Word, MS Excel, or Adobe PDF file format by 14:00 ET on Monday, March 24, 2014. SUBMISSION INSTRUCTIONS: 1. The proposal shall be separated into three volumes; Technical Approach (Volume I), Past Performance (Volume II), and Price (Volume III). All volumes combined are limited to 45 pages. The cover letter, title page, table of contents, and glossary of abbreviations and acronyms do not count against the page count limitation. 2. Text shall be single-spaced on 8 ½ x 11 paper with a minimum one-inch margin all around. Pages shall be numbered consecutively. Print shall be a minimum 12-point font size. 3. Volume I: The offeror shall submit a narrative demonstrating their understanding and ability to meet the requirements in the RFP, a draft course outline, resumes for the Project Manager and all Instructors, and a copy of each of the Instructors' National Fire Protection Agency (NFPA) certification. 4. Volume II: The offeror shall submit three (3) relevant past performance references for services directly related and relevant to the requirements of the RFP. To be considered relevant, the services must have been performed within the past three years and be of a similar size and scope as those to be provided under this RFP. At a minimum, the Offeror shall provide the company's name, address, and point of contact name, contract number, prime or subcontractor status, telephone number and email address for each reference. The Government reserves the right to obtain relevant past performance information from other sources. 5. Volume III: The offeror shall submit prices IAW the CLIN Structure above. FAR 52.212-2 - Evaluation - Commercial Items (Jan 1999) is incorporated by reference and supplemented as follows: (a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will use the Best Value Trade-Off approach. The factors below are listed in descending order of importance. Whereas Factor 1 is more important than Factor 2, and combined they are both more important than Factor 3. Although Factor 3 is least important, price is always a factor. The following factors shall be used to evaluate offers: Factor 1: Technical Approach -The Government will evaluate the Offeror's ability to perform the requirements outlined in the RFP, the Offeror's draft course outline, and the qualifications of Offeror's proposed personnel. Factor 2: Relevant Past Performance - The Government will evaluate Past Performance based on a review of the information received from the references provided, as well as through other sources, such as PPIRS and CPARS. Factor 3: Price - The Government will evaluate the total overall price utilizing the maximum quantity of each CLIN, excluding travel. FAR 52.212-3 - Offeror Representations and Certifications - Commercial Items (Nov 2013). Offeror's shall include a completed copy of this provision along with their proposal submission. FAR 52.212-4 - Contract Terms and Conditions - Commercial Items (Sept 2013) is incorporated by reference and supplemented as follows: FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2014). (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)). ___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.] 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 (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 (Jul 2013) (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) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). X_(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). X_(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). X_(10) 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). __ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (12) 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). __ (13) [Reserved] X_(14)(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). __ (15)(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_(16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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. X (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). X_(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21)(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. __ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (23) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). X_(25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). X_(28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). X_(30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X_(31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X_(32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). X_(33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). X_(34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). __ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.) __ (37)(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.) __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (39)(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_(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). __ (41) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (42)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 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, 112-42, and 112-43). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Nov 2012) of 52.225-3. __ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X_(44) 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). __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 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)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X_(50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (9) 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 (Jul 2013) (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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (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 (Aug 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 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. (xv) 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/these address(es): http://www.acquisition.gov/far/ HSAR 3052.209-70 - PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (DEC 2003). (a) Prohibitions. Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity after November 25, 2002, which is treated as an inverted domestic corporation as defined in this clause. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur. (b) Definitions. As used in this clause: "Expanded Affiliated Group" means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. "Foreign Incorporated Entity" means any entity which is, or but for subsection (b) of Section 835 of the Homeland Security Act, Public Law 107-296, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. "Inverted Domestic Corporation." A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes after November 25, 2002, the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. "Person", "domestic", and "foreign" have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, Public Law 107-296. (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is after the date of enactment of this Act and which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule For Related Partnerships. For purposes of applying Section 835(b) of Public Law 107-296 to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. By signing and submitting its offer, an offeror under this solicitation represents that it not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of Section 835 of the Homeland Security Act, Public Law 107- 296 of November 25, 2002. (g) If a waiver has been granted, a copy of the approved waiver shall be attached to the bid or proposal. (End of provision) 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: Project Manager (End of clause) HSAR 3052.242-70 - CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE REQUEST FOR PAYMENT - In accordance with invoice procedures outlined in FAR 52.212-4(g): a) A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix)] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and shall be returned to the contractor with a statement of the reason(s) it is not proper. (b) Each invoice shall contain the following information: (1) Contract or Delivery/Task Order Number (2) Name of the Contract Specialist or Contracting Officer (3) Invoice Routing Code (IRC) assigned by the Coast Guard (4) Annotate on the invoice indicating that the contractor represents a small business for accelerated payment purposes. (c) The Coast Guard unique Invoice Routing Code (IRC) for this contract or delivery/task order is: CG-9121 (d) Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference: (1) FINCEN Website invoice receipt form: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm (2) Fax: (757-523-6900) (3) Mailed to: Commercial Invoices U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326 (e) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe.pdf formatted file, or as otherwise specified in the contract. (f) Supporting documentation along with a courtesy copy of the invoice may also be e-mailed to the Contract Specialist and/or COTR at the addresses cited below: TBD at time of award (g) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received: (1) On the later of: (i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt. (ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or (ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless: a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date; (2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or (3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice. (4) Web based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice. (5) Payment inquiries and status may be obtained at the following website: https://www.fincen.uscg.mil/secure/payment.htm.Invoice, please e-mail each invoice to the following e-mail addresses: &emsp; 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 2703 Martin Luther King Jr. Ave, S.E. Washington, D. C. 20593-7828 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695 Contracting Office Address: USCG Headquarters (CG-91) 2703 Martin Luther King Jr. Ave, S.E. Stop 7828 Washington, DC 20593-7828 Point of Contact: Robert Mann-Thompson Contracting Officer Robert.A.Mann-Thompson@uscg.mil Phone: 202-475-3252 PERFORMANCE WORK STATEMENT (PWS) - Dated 2/25/2014 1.0 GENERAL 1.1 SCOPE The United States Coast Guard (USCG), Office of Safety and Environmental Health requires training support to provide Shipyard Competent Person training to selected personnel who work in and around confined spaces on vessels (e.g. Afloat Gas Free Engineers, Afloat GFE Petty Officers and Competent Persons). The purpose of this Indefinite Delivery Indefinite Quantity (IDIQ) contract is to obtain contractor training support services to provide students with the technical knowledge and skills to perform the duties of a Competent Person. 1.2 BACKGROUND This contract requires the contractor to provide classroom and lab instruction training for a Shipyard Competent Person to a maximum class size of 30 students. A Competent Person, as defined by the Occupational Safety and Health Administration (OSHA), is a person who is knowledgeable of applicable standards, is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. Some standards add additional specific requirements which must be met by the Competent Person. 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 role of the Shipyard Competent Person shall be discussed in detail and students will receive instructions on how to use confined space atmospheric testing equipment during "hands on" and simulated entry exercises. Training shall be held at locations listed in Section 1.7. 1.3 CONTRACTOR PERSONNEL. 1.3.1 Project Manager (PM). The contractor shall provide a qualified Project Manager to manage all work performed under this contract. The PM will serve as the primary point of contact to the Contracting Officer Representative (COR). The PM may also serve as an Instructor as described in Section 5.0. The PM is designated as Key by the Government (see Section 1.4) and shall not be replaced without prior approval from the Contracting Officer. 1.3.1.1 The PM shall be able to read, write, speak, and understand English. 1.3.1.2 The PM shall be available to the COR via telephone between the hours of 0800 through 1700 Eastern Time, Monday through Friday, and shall respond to a request for discussion or resolution of technical problems within 48 hours of notification. 1.3.1.3 The PM shall be proficient in Microsoft Word, Outlook, Excel, PowerPoint, and computer graphics programs. 1.3.2 Qualified Personnel. The contractor shall provide highly qualified personnel to perform all requirements specified in this contract. All contractor employees supporting this contract shall be citizens of the United States. The contractor shall notify the USCG of any changes to personnel assigned to the contract. 1.3.3 Specific Personnel Requirements - Instructors. The contractor shall provide at least one (1) qualified instructor knowledgeable with OSHA standards to perform applicable qualification and proficiency training tasks. Qualified instructors shall meet the following requirements: 1.3.3.1 Must be a National Fire Protection Agency (NFPA), Certified Marine Chemist. 1.3.3.2 Must possess at least 3 years of experience providing Shipyard Competent Person training instruction. 1.3.3.3 Must be familiar with current OSHA standards. 1.3.3.4 Must be proficient in using Microsoft Word, Outlook, Excel and PowerPoint. 1.3.3 5 Must speak fluent English. 1.3.4 Employee Identification. Contractor employees visiting Government facilities shall wear an identification badge that, at a minimum, displays the contractor name, the employee's photo, and name, clearance-level and badge expiration date. Visiting contractor employees shall comply with all Government escort rules and requirements. All contractor employees shall identify themselves as contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times. 1.3.5 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. 1.3.6 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 contract. The Contracting Officer will provide the contractor with a written explanation to support any request to remove an employee. 1.3.7 Conflict of Interest. The contractor shall not employ any person who is an employee of the United States Government, if the employment would appear to cause a conflict of interest. 1.4 KEY PERSONNEL. Before replacing any individual designated as Key by the Government, the contractor shall notify the Contracting Officer no less than 15 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitute(s) shall possess qualifications equal to or superior to those of the Key person being replaced. The contractor shall not replace Key contractor personnel without acknowledgement from the Contracting Officer. 1.5 SECURITY. Contractor access to classified information is not currently required under this contract. 1.6 ORDERING PERIOD The ordering period is 60 months from the effective date. 1.7 PLACE OF PERFORMANCE. The primary place of performance shall be at the USCG Training Centers in Yorktown, VA and Petaluma, CA. Occasional training at other CONUS and OCONUS training sites may be required. 1.8 HOURS OF OPERATION. USCG facilities are open between the hours of 0800 and 1700 Monday through Friday Local Time (except Federal Holidays, and force majeure). 1.9 TRAVEL. Travel is anticipated on this contract. All travel shall be approved in advance and in writing by the COR. If travel is authorized or directed by the COR, the Contractor shall be reimbursed for direct costs in accordance with FAR 31.205-46 Travel costs; all travel required by the Government outside local commuting area(s) will be reimbursed to the contractor in accordance with FAR 31.205-46 Travel costs. The USCG will not reimburse G&A, any other cost not directly identified in the contract, or additional labor costs other than overtime approved in advance. 1.10 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 the technical and contracting objectives of this contract. The kick-off meeting will be held at the Government's facility or remotely by virtual conferencing tools (i.e., teleconference, online meetings). 1.11 GENERAL REPORTING REQUIREMENTS. The contractor shall provide all written reports in electronic format with read/write capability using applications that are compatible with USCG Standard Workstation (Microsoft Office Applications). 1.12 INTELLECTUAL PROPERTY. All contractor developed processes and procedures and other forms of intellectual property first developed under this contract shall be considered Government property. 1.13 PROTECTION OF INFORMATION. Contractor access to proprietary information is required under this contract. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with DHS MD 11042.1, Safeguarding Sensitive but Unclassified (SBU) Information. The contractor shall ensure that all contractor personnel having access to business or procurement sensitive information sign a Non-Disclosure Agreement (DHS Form 11000-6) at the time of award. 1.14 SECTION 508 COMPLIANCE. Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they must ensure that it is accessible to people with disabilities. Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled Federal employees and members of the public. All EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable standards have been identified: 36 CFR 1194.22 - Web-based Intranet and Internet Information and Applications, applies to all web-based deliverables, including documentation and reports procured or developed under this work statement. When any web application uses a dynamic (non-static) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, flash or asynchronous JavaScript and XML (AJAX) then "1194.21 Software" standards also apply to fulfill functional performance criteria. 36 CFR 1194.24 - Video and Multimedia Products, applies to all video and multimedia products that are procured or developed under this work statement. Any video or multimedia presentation shall also comply with the software standards (1194.21) when the presentation is through the use of a web or software application interface having user controls available. 36 CFR 1194.31 - Functional performance criteria applies to all EIT deliverables regardless of delivery method. All EIT deliverable shall use technical standards, regardless of technology, to fulfill the functional performance criteria. 36 CFR 1194.41 - Information documentation and support, applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required "1194.31 Functional Performance Criteria," they shall comply with the technical standard associated with Web-based Intranet and Internet information and applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support, such as, but not limited to, a help desk shall have the ability to transmit and receive messages using TTY. Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent the COR and determination will be made in accordance with DHS MD 4010.2. DHS has identified the following exceptions that may apply: 36 CFR 1194.2(b) - (COTS/GOTS products), when procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a government solicitation. Agencies cannot claim a product, as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meets some but not all of the standards, the agency must procure the product that best meets the standards. When applying this standard, all procurements of EIT shall have documentation of market research that identify a list of products or services that first meet the agency business needs, and from that list of products or services, an analysis that the selected product met more of the accessibility requirements than the non-selected products as required by FAR 39.2. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense shall only be permitted under an undue burden claim and requires approval from DHS Office of Accessible Systems and Technology (OAST) in accordance with DHS MD 4010.2. 36 CFR 1194.3 (b) - Incidental to Contract, all EIT that is exclusively owned and used by the contractor to fulfill this work statement does not require compliance with Section 508. This exception does not apply to any EIT deliverable, service or item that will be used by any Federal employee(s) or member(s) of the public. This exception only applies to those contractors assigned to fulfill the obligations of this work statement and for the purpose of this requirement, are not considered members of the public. 1.15 SCHEDULING The Government will provide the contractor at least a 30 calendar days notice prior to any requirement for training. 2.0 GOVERNMENT TERMS & ACRONYMS COTS - Commercial Off-the-Shelf EIT - Electronic and Information Technology GFE - Gas Free Engineer GOTS - Government Off-the-Shelf NFPA - National Fire Protection Agency PM - Project Manager PWS - Performance Work Statement REC - Recognize, Evaluate and Control SBU - Sensitive but Unclassified USCG - United States Coast Guard 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 standard audio/visual equipment for the course. 3.1.2 The Government will provide course addendums to training materials for USCG specific areas of focus that differ from the contractor's training package (See Section 4.0). 3.1.3 The Government will 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. 3.1.4 The Government will arrange to provide off-site atmospheric testing on board a vessel for a half-day lab portion of the course, if possible. When a vessel is not available, atmospheric testing will be with a chemical sampling box or at a suitable lab facility, if available. 4.0 CONTRACTOR FURNISHED PROPERTY The contractor shall furnish all materials, equipment and services necessary to fulfill the requirements of this contract, except for the items specified in Section 3.0. At a minimum, the contractor shall provide the following: 4.1 Printed instructional workbook to each student attending the course 4.2 Course training outline and test material 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 Course presentations 5.0 INSTRUCTION REQUIREMENTS The contractor shall provide classroom and lab instruction training for a Shipyard Competent Person course to a maximum class size of 30 students. The course shall provide USCG personnel with the knowledge and skills necessary to perform as competent persons as described in 20 CFR 1915 part B and COMDTNOTE 15000 of April 27, 2001. The contractor shall instruct students on how 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 instructor shall review all applicable guidance and regulations (29 CFR 1915, NFPA 306, COMDTINST M5100.47 (series) and COMDNOTE 15000-dated April 27, 2001) as a part of the course instruction. The contractor shall discuss the role of the Shipyard Competent Person in detail and students shall learn to use confined space atmospheric testing equipment during "hands on" and simulated entry exercises. 5.1. Instructor Requirements. The contractor's instructor(s) shall be responsible for providing the following in support of this contract: 5.1.1 Preparing the classroom for instruction (e.g., assemble course material as required, ensure course materials are brought in classroom, arrange tables and chairs, layout course materials for each student) and classroom is left in an orderly fashion at the end of each day, especially on the last day of the class. 5.1.2 Administering, grading, and reviewing examinations. 5.1.3 Reporting all problem areas related to assigned duties and responsibilities to the COR. 5.1.4 Performing operational check on assigned training equipment, devices and aids prior to the commencement of the training class. 5.1.5 Reporting all student disciplinary problems to the appropriate command authority. 5.1.6 Monitoring students to ensure safe usage of all training equipment, devices and training aids IAW the manufacturer's recommendation. 5.1.7 Upon request of the appropriate authority, make academic comments concerning students. 5.1.8 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. 5.2 CURRICULUM REQUIREMENTS At a minimum, the contractor shall cover the following topics as a part of the course curriculum: 5.2.1 Confined space and hazard recognition. 5.2.2 Confined space and hazard evaluation. 5.2.3 Confined space and hazard control. 5.2.4 Confined space hazard instrumentation (BW Technologies Micro 5 PID). 5.2.5 Repair work on small craft. 5.2.6 Repair work on large craft. 5.2.7 Precautions and testing before entering confined spaces including detection of Oxygen content, flammable atmospheres, Toxic, Corrosive. Irritant or Fumigated atmospheres and residues. 5.2.8 Cleaning and other cold work. 5.2.9 Hot-work requiring testing. 5.2.10 Maintenance of safe conditions. 5.2.11 Warning signs and labels. 5.2.12 Coast Guard specific confined space information. 5.2.13 General competent person duties including record keeping, testing and training requirement. 5.2.14 General industrial Hygiene and Toxicology of hazards associated with confined spaces. 5.2.15 Content of USCG provided addendum (see 3.1.2). 5.3 COURSE REQUIREMENTS 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: 5.3.1 Anticipate hazards of confined or enclosed spaces. 5.3.2 Recognize and identify hazards of confined or enclosed spaces. 5.3.3 Evaluate hazards of confined or encloses spaces. 5.3.4 Control hazards of confined space atmospheric testing instrumentation. 5.3.5 Keep proper competent logs. 5.3.6 Maintain safe conditions in a confined enclosed space. 5.4 CLASS SIZE 5.4.1The preferred class size is 25 students. 5.4.2The 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. The maximum amount of students that can be added to the class size is 5, for a maximum of 30 students. 5.5 CLASS CANCELLATION The Government reserves the right to cancel or change a convening at no cost/penalty to the Government. The contractor will be notified not later than 30 calendar days prior to the first day of the class if a convening is cancelled. 5.6 COURSE EXAMINATION The contractor shall administer a written examination to each member of the class at the beginning and the end of the course and the results will be recorded. The written exam shall include content from the USCG-provided addendum. 85% of all students must pass the course examination. The contractor may administer written quizzes as necessary. 5.7 COURSE CERTIFICATES The contractor shall provide course graduation certificates attesting to the satisfactory completion of the course. These certificates shall be filled out by the contractor and passed out to the students who have successfully completed the course. At a minimum, graduation certificates shall include the course title, student's name and the date of completion. 5.8 COURSE ATTENDANCE The contractor shall submit to the COR a student attendance roster not later than five (5) business days after the end of each class convening. At a minimum, the report shall include the student's name, unit name/address, and student's email address. 5.8.1 Any student missing more than 10% of a class will fail the course and will not receive a graduation certificate. The instructor shall 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. 5.8.2 The contractor shall complete a non-completion record for each student who does not complete the course and provide to the COR. 5.9 COURSE EVALUATIONS The contractor shall provide a structured student course evaluation questionnaire to be completed by the participants in each class. 5.9.1 The questionnaires shall be directed toward eliciting participants' comments as to the value of the material taught, recommended changes and/or additions, and the quality of the instructor staff and training site. 5.9.2 The contractor shall ensure that the course evaluations are completed and submitted to the COR not later than five (5) business days after the end of each class convening. 5.10 COURSE COMPLETION REPORT The contractor shall submit to the COR a course completion report not later than five (5) business days after the end of each class convening. The report shall include, at a minimum, a pre and post class assessment, test results, and instructor comments and observations. 6.0 REFERENCES OSHA 29 CFR 1915 https://www.osha.gov/pls/oshaweb/owastand.display_standard_group?p_toc_level=1&p_part_number=1915 COMDTINST M5100.47 http://www.uscg.mil/directives/cim/5000-5999/CIM_5100_47.pdf COMDTNOTE 16000 dated 27 APR 2001 http://www.uscg.mil/directives/cim/16000-16999/CIM_16000_6.pdf NFPA 306 http://www.nfpa.org/codes-and-standards/document-information-pages?mode=code&code=306 DHS MD 11042.1 https://www.dhs.gov/xlibrary/assets/foia/mgmt_directive_110421_safeguarding_sensitive_but_unclassified_information.pdf 7.0 DELIVERABLES The contractor shall deliver the following at the dates indicated: ITEM PWS DELIVERABLE DUE BY 1 5.7 Course Certificates The last day of the course 2 5.8 Course Attendance Roster NLT five (5) business days after a class convening 3 5.8.2 Student Non-Completion Record As required 4 5.9 Course Evaluations NLT five (5) business days after a class convening 5 5.10 Course Completion Report NLT five (5) business days after a class convening 8.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS) The Performance Requirements Summary table below reflects the metric determined to be important for the successful performance of this contract. This includes the expected standards of performance and surveillance methods. The Government will establish a Quality Assurance Surveillance Plan (QASP) plan that is not part of this contract in order to monitor performance requirements summary items described in the table below. OBJECTIVES 1. Quality Instruction REQUIRED SERVICE Contractor personnel assigned to teach a course shall be a NFPA Certified Marine Chemist and have instructional experience (PWS 1.3.3) PERFORMANCE STANDARD 85% of all students must pass the course examination. SURVEILLANCE METHODS 100% COR surveillance. If determined unacceptable to the COR and cannot be resolved to the satisfaction of the Government, results will be reflected in the contractor's past performance evaluation. OBJECTIVES 2. Quality Classroom Management REQUIRED SERVICE Instructor shall demonstrate a high level of professional management in performing training activities and facilitating classroom environments at all times (PWS 5.0). PERFORMANCE STANDARD Accomplish an above average rating in all categories on 80% of course evaluations following each course convening. SURVEILLANCE METHODS 100% COR surveillance. If determined unacceptable to the COR and cannot be resolved to the satisfaction of the Government, results will be reflected in the contractor's past performance evaluation.
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