FBODaily.com | FedBizOpps: PRESOL | 19 | Dockside repairs - Combine Solicitation

FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 11, 2018 FBO #5952
SOLICITATION NOTICE

19 -- Dockside repairs - Combine Solicitation

Notice Date: 3/9/2018
Notice Type: Combined Synopsis/Solicitation
NAICS: 336611 — Ship Building and Repairing
Contracting Office: Department of Homeland Security, United States Coast Guard (USCG), USCG Surface Forces Logistics Center (SFLC) Procurement Branch 1, 300 East Main Street, Suite 600, Norfolk, Virginia, 23510-9102, United States
ZIP Code: 23510-9102
Solicitation Number: 70Z080-18-Q-P4545500
Archive Date: 4/7/2018
Point of Contact: Cynthia L. Major, Phone: 757-628-4107, Denise A Sturdifen, Phone: 7574417036
E-Mail Address: cynthia.l.major@uscg.mil, Denise.A.Sturdifen@uscg.mil
(cynthia.l.major@uscg.mil, Denise.A.Sturdifen@uscg.mil)
Small Business Set-Aside: Total Small Business
Description: Specification Schedule of Services Dock-side Repairs NOTICE FOR FILING AGENCY PROTESTS United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman. Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester's concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer. Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed. The Ombudsman Hotline telephone number is 202.372.3695. This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) subpart 12.6 and subpart 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. Solicitation number 70Z080-18-Q-P4545500 is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-97 effective January 24, 2018. The applicable North American Industry Classification Standard Code is 336611. The small business size standard is 1,250 employees. This solicitation is issued as a 100% Total Small Business Set- Aside. All responsible small business sources may submit a quotation, which shall be considered by the agency. It is anticipated that one (1) firm fixed price contract will be awarded as a result of this synopsis/solicitation. The period of performance for this contract is 09 May 2018 through 22 June 2018. Offerors that have this capability are invited to submit quotations in accordance with the requirements stipulated in this solicitation. The following documents are attached: Attachment 1: Schedule of Services Attachment 2: Statement of Work - Specification PLACE OF PERFORMANCE: The place of performance will be at the USCGC RICHARD Dixon's home pier, 5 Calle La Puntilla, San Juan, PR 00901. Closing date and time for receipt of quotes is 23 March 2018 at 16:00PM Eastern Time. The anticipated award date is 2 April 2018. E-mail quotations are preferred and may be sent to Cynthia.L.Major@uscg.mil, please indicate 70Z080-18-Q-P4545500 in subject line. Quotations may also be mailed to the following address: US Coast Guard SLFC/CPD1/PBPL Attn: Cynthia Major 300 East Main Street, Suite 500 Norfolk, VA 23510-9102 Statement of Requirement The proposed contract to be awarded by the United States Coast Guard (USCG) shall be for DOCK- SIDE repairs to USCGC RICHARD DIXON (WPC-1113) as specified in the Specification. Contractor shall provide all labor, materials, necessary to meet the requirements of the specification. The following clauses and provisions are included: 52.212-1 Instructions to Offerors - Commercial Items Jan 2017 52.212-1(f) (1) Late submissions, modifications, revisions, and withdrawals of offers are tailored as follows: Quotes should be submitted no later than 11:00 AM (EST) local time for Norfolk, VA on 23 March 2018. After that time, the Government will begin evaluating quotes, making an award decision, and issuing a purchase order. Quotes submitted after that time may not be considered. Cost or Pricing Data It is Department of Homeland Security (DHS) policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible offeror is obtained as a result of this solicitation, that offeror may be required to submit Data Other Than Certified Cost or Pricing Data to support price negotiations. Evaluation Criteria The provision at Federal Acquisition Regulation (FAR) 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 13.106-2 based on the criteria listed below. The Government will award a contract resulting from this solicitation to the responsible contractor whose quote is the most advantageous best value to the Government, price and non-price factors considered. The following factors shall be used to evaluate quotes: Technical Capabilities: Technical Acceptability will be evaluated to determine an overall rating. This will be determined by evaluating the ability of the offeror to provide a sound, compliant approach that meets all requirements listed in the Specification and demonstrates a thorough knowledge and understanding of the requirements. It is the contractor's responsibility to ensure that their quote clearly demonstrates their ability to perform these requirements. All offerors must provide the following minimum information and documentation with their quotes to be considered technically acceptable: Strategy for Meeting Technical/Schedule Requirements - - Submit a written description of your strategy for ensuring that this contract ends on or before the date specified herein. This shall include: 1) a simple, hand-drawn Gantt chart showing proposed schedule, resources, completion-dates, float, major-milestones, and any other relevant information for the various tasks required to complete this contract and 2) a list of items that you believe pose the most contract schedule risk and how you intend to mitigate or eliminate each risk. Coatings Certification Requirements - For the "Forepeak (BOATSWAIN STORAGE, 2-A-0-A), Preserve" work item, submit a description of how you intend to meet SFLC STD SPEC 0000 coatings QC/QA requirements for this work item. This plan must include the names of any subcontractors and resumes for any proposed QP1 certified painters and/or independent NACE CIP Level 3 inspectors. Sewage and Grey Water System Cleaning Procedures - Submit a description of the methods that will be employed to clean the sewage and grey water system piping and tanks (e.g. chemical cleaning, pressure washing, etc.) and a description of the subcontracting plan. Coatings Certification Requirements - For the "Weatherdeck Non-Skid Surfaces, Preserve" work item, submit a description of how you intend to meet SFLC STD SPEC 0000 coatings QC/QA requirements for this work item. This plan must include the names of any subcontractors and resumes for any proposed QP1 certified painters and/or independent NACE CIP Level 3 inspectors. Past Performance: The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the USCG and any information found using sources such as Federal Government sources, Past Performance Information Retrieval System (PPIRS)/Contractor Performance Assessment Reporting System (CPARS) to determine if the Contractor has satisfactory or neutral Past Performance. The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the offeror. The offeror should provide at least two relevant past performance evaluations within the last two (2) years. Past performance less than satisfactory may not be considered for award. Price: The offeror shall provide pricing as requested in the attached spreadsheet titled "70Z080-18- Q-P4555100 - Price Schedule". Offeror's price shall represent the best price in response to the request for quote. Price shall be evaluated to determine fairness and reasonableness. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). Evaluation Method The Government will evaluate proposals using a trade-off analysis to determine the best overall value. The relative importance of technical and past performance combined, are significantly more important than cost or price. 52.212-3 Offeror Representations and Certifications-Commercial Items Nov 2017 Alternate I of 52.212-3. Oct 2014 An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete paragraphs (c) through (t) of this provision. (End of Provision) 52.212-4 Contract Terms and Conditions - Commercial Items Jan 2017 Addendum The paragraphs below are supplemented or added as follows: (a) Material Inspection and Receiving Report (DD-250) Upon 25% completion of each contract requirement and weekly increment thereafter, the Contractor shall prepare and furnish to the COR/Alternate COR a DD Form 250, Material Inspection and Receiving Report (MIRR) or an equivalent report approved by the Contracting Officer unless otherwise specified. One (1) copy of each DD Form 250 or approved equivalent shall be submitted with the invoice. The report shall include: • Contract number. • DD Form 250 or equivalent invoice number. • CLIN Number, CLIN description, quantity, unit price, and extended price. • Description of any invoice deductions. Invoices shall not be submitted until the Material Inspection and Receiving Report (DD-250) has been approved by the COR. The earlier the Material Inspection and Receiving Report (DD-250) is received and approved by the COR, the earlier the invoice may be submitted. (b) Invoicing Instructions The Contractor's invoice and the completed Material Inspection and Receiving Report (DD-250) or alternative equivalent shall be submitted electronically IAW FAR 52.212-4 as follows: 1. Invoices shall be submitted to the USCG Finance Center Website at http://www.fincen.uscg.mil/electron_cg24.htm 2. The web submission requires the Contractor to complete the Invoice Receipt Cover Form, select the Invoice Routing Code, and attach a PDF file of the invoice and any other supporting documentation. 3. A sample of the Invoice Receipt Cover Form is provided below. Mandatory information to be completed is highlighted in red on the website. Invoice Routing Code: (help) MM/DD/YY Invoice Receipt Date: (help) SFLC-1 Contract Number: Requisition Number: Delivery/Task Order Number: (help) (help) Invoice Number: MM/DD/YY Invoice Date: 0.00 (help) Invoice Amount: 00.00 Discount Terms: % 30 Net Days (help) (help) (help) (help) 0 Discount Days Contractor Information Attachment of Official Invoice Contractor Name: (help) Submitter Name: Submitter Email: Submitter Phone: (help) (help) (help) 4. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this contract is SFLC-1. Failure to do so will delay invoice payment. 5. The Contractor shall attach a single PDF file no larger than 1MB as the official invoice. 6. The Contractor shall email a copy of the invoice and supporting documentation to the Contract Specialist Cynthia.L.Major@uscg.mil and the Contracting Officer's Representative (COR) Ethan.D.Baisden@uscg.mil. 7. A CLIN may not be invoiced until a minimum of 25% completion. This percentage minimum may be waived on a case-by-case basis by the Contracting Officer for large dollar CLINS. In addition, 10% of the total contract price will be withheld until all deliverables are received and accepted. Payment Information All payments will be made electronically IAW FAR 52.232-33. ( c) Required Insurance Prior to start of performance, the Contractor shall, at its own expense, procure and maintain the following kinds of insurance with respect to performance under the contract. In accordance with HSAR 3052.217-95, Liability and Insurance (DEC 2003), and 3052.228-70, Insurance (DEC 2003) the Contractor shall furnish the Contracting Officer with proof of insurance for the duration of the contract, including: (1) Ship Repairer's Liability - $500,000 per occurrence. (2) Comprehensive General Liability - $500,000 per occurrence. (3) Full insurance coverage in accordance with the United States' Longshoremen's and Harbor Worker's Act. (4) Full insurance coverage in accordance with the State's Workmen's Compensation Law (or its equivalent) for all places of performance under this contract. The insurance certificate must provide the name of the US Coast Guard vessel and the contract and/or solicitation number as specifically insured. (d) Change Request (CR) - Growth Work (1) The Contractor shall not perform growth work without the Contracting Officer's authorization. This clause applies to Change Requests (CR), also known as growth and emergent work ordered by the Contracting Officer pursuant to the Changes clause or mutually agreed upon by the parties. The contractor shall perform CR at the labor billing rates designated in the Schedule, as described in paragraph (2) of this clause. The CR composite labor rate designated in the Schedule shall be the sole fee used for direct material purchases and subcontractor handling. All growth work shall be paid at the prices stated in the Schedule. (2) The CR labor rate shall be a flat, hourly rate for production labor hours only, to cover the entire effort and shall be burdened to include: a. Direct production labor hour functions only. Direct production labor hours are hours of skilled labor at the journeyman level expended in direct production. Direct production is defined as work performed by a qualified craftsman that is directly related to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. The following functions are identified as direct production: Abrasive Cleaning/Water Blasting, Tank Cleaning, Welding, Burning, Brazing, Blacksmithing, Machining (inside and outside), Carpentry, Electrical/Electronic Work, Crane Operation, Shipfitting, Lagging/Insulating, Painting, Boilermaking, Pipe Fitting, Engineering (Production), Sheetmetal Work, Staging/Scaffolding, and Rigging. b. Non-production labor hours (whether charged directly or indirectly by contractor's accounting system) shall be for labor in support of production functions. For purposes of this clause, support functions are defined as functions that do not directly contribute to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. Necessary support functions should be priced into the burdened rate for production labor hours. Examples of support functions include: Testing, Quality Assurance (inspection), Engineering (support), Planning (including involvement of craft foreman/journeyman in planning a task), Estimating (including determination of necessary materials and equipment needed to perform a task), Material Handling, Set-up (moving tools and equipment from shop to ship to perform a task), Fire Watch, General Labor (including general support of journeyman tasks), Cleaning (including debris pickup and removal), Surveying, Security, Transportation, Supervision, and Lofting (sail/pattern making). (3) Change Requests do not include replacement work performed pursuant to HSAR 3052.217- 92 Inspection and Manner of Doing Work clause or HSAR 3052.217-100 Guarantees clause. (4) It is the Government's intention to award any growth work identified during the repair to the contractor, if a fair and reasonable price can be negotiated for such work, based upon Schedule rates. If a fair and reasonable price cannot be negotiated, the Government may, at its discretion, obtain services outside of the contract. Such services may be performed while the ship is undergoing repair in the contractor's facility pursuant to the Access to Vessels clause. (5) Change requests can be transmitted electronically by using email. The bullets below display the process of how change requests are to be followed during the availability: Change Request (CR) Process will occur in the following order: a. Condition Found Report (CFR)-Generated by the Contractor and provided to COR b. Condition Report Reply(CRR)-Generated by the COR and provided to Contractor c. Change Request- CR and IGE are generated by the COR and forwarded to KO d. COR provides copy of Change Request to the Contractor e. Contractor's Proposal- Provided to the KO for the identified tasking on CR f. Negotiations- If needed, take place to establish pricing g. Approved Work Request- Forwarded to Contractor and COR by the KO h. Modification to Contract- The KS/KO will issue a modification covering all CR's (6) The contractor shall submit to the Contracting Officer the following information in all CR proposals: a. Number of labor hours estimated; broken down by specific direct production labor category. b. Material estimates, individually broken out and priced. When requested by the Contracting Officer, material quotes shall be provided. c. Subcontractor estimates, individually broken out and priced along with the actual subcontractor quotes. The requirement to submit subcontractor quotes may be waived if deemed appropriate by the Contracting Officer. d. Any proposed changes to the Schedule of Work. (7) The contractor shall not be entitled to payment for any hours ordered pursuant to this clause until such time as a written contract modification is executed. (e) Schedule of work (1) Notwithstanding other requirements specified in this contract, the contractor shall provide to the Contracting Officer and COR the following documents within three (3) working days of the vessel's arrival at the contractor's facility for dock-side availabilities and at the arrival conference for dock-side availabilities: a. Production Schedule. b. Work Package Network. c. Total Manpower Loading Curve. d. Trade Manning Curves. e. Subcontracting List. (2) The Production Schedule shall list the earliest, latest, and scheduled start and completion date for each work item awarded and shall identify the critical path. The Work Package Network shall show the work items, milestones, key events, and activities and shall clearly identify the critical path. The Total Manpower Loading Curve shall show the required manning for the duration of the contract. The Trade Manning Curves shall show the required manning for each trade for the duration of the contract. The Subcontracting List shall show work items, milestones, key events, and activities to be accomplished by subcontractors. (3) Additional Item Requirements ordered and agreed upon, whether or not yet formalized via a change order (contract modification), shall be added to the Production Schedule, Trade Manning Curves, and Subcontracting List and submitted to the Contracting Officer and COR at each weekly Progress Meeting. Any anticipated or unanticipated deviation (greater than two (2) calendar days) from the Production Schedule shall be immediately brought to the attention of the Contracting Officer and COR. (4) Any deviation in the Production Schedule which results in a delay in the completion of work on a vessel past the established performance period completion date may entitle the Government to remedies for late performance under subparagraph (f) of this clause titled Excusable delays. (f) Access to the Vessel (1) As authorized by the Contracting Officer, a reasonable number of officers, employees and personnel designated by the Government, or representatives of other contractors and their subcontractors shall have admission to the facility and access to the vessel at all reasonable times to perform and fulfill their respective obligations to the Government on a noninterference basis. The contractor shall make reasonable arrangements to provide access for these personnel to office space, work areas, storage or shop areas, and other facilities and services reasonable and necessary to perform their duties. All such personnel shall comply with contractor rules and regulations governing personnel at its shipyard, including those regarding safety and security. (2) The contractor further agrees to allow a reasonable number of officers, employees, and designated personnel of offerors on other contemplated work, the same privileges of admission to the contractor's facility and access to the vessel(s) on a noninterference basis, subject to contractor rules and regulations governing personnel in its shipyard, including those regarding safety and security. (g) Temporary Services (1) Temporary services are services incidental to the performance of work which are required in the schedule or specifications to be provided by the contractor. Temporary services may include the furnishing of water, electricity, telephone service, toilet facilities, garbage removal, office space, parking places or similar facilities. (2) If performance time is extended due to Government-caused delay, the contractor may request an equitable adjustment for providing temporary services at the rate stated in the Schedule. (h) Contract Deficiency Report The Contracting Officer or Contracting Officer's Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing. (i) Option for Increased Quantity - Separately Priced Line Item The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 24 hours of identified need. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of FAR 52.212-4 Addendum) 52.212-5 Contract Terms and Conditions Required To Implement Jan 2018 Statutes or Executive Orders-Commercial Items. (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (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. 4704 and 10 U.S.C. 2402). (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (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). (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). (iii) Alternate II (Nov 2016) of 52.219-9. (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). (20) 52.219-16, Liquidated Damages.Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). (49) 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). (55) 52.232-33, Payment by Electronic Funds Transfer.System for Award Management (Jul 2013) (31 U.S.C. 3332). (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). (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: (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 afterany 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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxi) 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) Full Text Clauses 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Sept 2013 Inform Employees of Whistleblower Rights (DHS-USCG Deviation 14-01) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908. (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold. (End of clause) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Jun 2016 (a) Definitions. As used in this clause- "Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. "Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). "Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls: (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute. (iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system. (End of Clause) 52.237-1 Site Visit Apr 1984 This RFQ is for the DOCK-SIDE repairs of the USCGC RICHARD DIXON (WPC-1113) hereinafter referred to as "vessel." The vessel's home pier is located in 5 Calle La Puntilla, San Juan, PR 00901. The point of contact for site surveys is LTJG Alex Sullivan, who can be reached at (504) 232-1551 or via email Alexander.G.Sullivan@uscg.mil. The Contract Administrator is Cynthia Major, Contract Specialist, who can be reached at 757-628-4663 or Cynthia.L.Major@uscg.mil. Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. 52.252-6 Authorized Deviations in Clauses Apr 1984 (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation (48 CFR 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. Homeland Security Acquisition Regulation (HSAR) Clauses HSAR 3052.212-70 Contract Terms and Conditions Applicable To Sep 2012 DHS Acquisition of Commercial Items. The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (b) Clauses. 3052.204-71 Contractor Employee Access 3052.205-70 Advertisement, Publicizing Awards, and Releases 3052.217-91 Performance 3052.217-92 Inspection and Manner of Doing Work 3052.217-93 Subcontracts 3052.217-94 Laydays 3052.217-95 Liability and Insurance 3052.217-96 Title 3052.217-97 Discharge of Liens 3052.217-98 Delays 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair 3052.228-70 Insurance 3052.242-72 Contracting Officer's Technical Representative (End of clause) HSAR 3052.217-100 Guarantee (USCG). JUN 2006 (a) In the event any work performed or materials furnished by the contractor prove defective or deficient within 60 days from the date of redelivery of the vessel(s), the Contractor, as directed by the Contracting Officer and at its own expense, shall correct and repair the deficiency to the satisfaction of the Contracting Officer. (b) If the Contractor or any subcontractor has a guarantee for work performed or materials furnished that exceeds the 60 day period, the Government shall be entitled to rely upon the longer guarantee until its expiration. (c) With respect to any individual work item identified as incomplete at the time of redelivery of the vessel(s), the guarantee period shall run from the date the item is completed. (d) If practicable, the Government shall give the Contractor an opportunity to correct the deficiency. (1) If the Contracting Officer determines it is not practicable or is otherwise not advisable to return the vessel(s) to the Contractor, or the Contractor fails to proceed with the repairs promptly, the Contracting Officer may direct that the repairs be performed elsewhere, at the Contractor's expense. (2) If correction and repairs are performed by other than the Contractor, the Contracting Officer may discharge the Contractor's liability by making an equitable deduction in the price of the contract. (e) The Contractor's liability shall extend for an additional 60-day guarantee period on those defects or deficiencies that the Contractor corrected. (f) At the option of the Contracting officer, defects and deficiencies may be left uncorrected. In that event, the Contractor and Contracting Officer shall negotiate an equitable reduction in the contract price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of this contract. (End of clause) HSAR 3052.223-70 Removal or Disposal Of Hazardous Substances - Applicable Licenses and Permits Jun 2006 The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within [ten days] after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract. (End of clause) 52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation 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 the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html. 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 52.212-4 Contract Terms and Conditions - Commercial Items Jan 2017 52.228-5 Insurance - Work on a Government Installation Jan 1997 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984 52.242-2 Production Progress Reports Apr 1991 52.245-1 w/ Alt I Government Property Jan 2017 / Apr 2012 52.245-9 Uses and Charges Apr 2012 HSAR 3052.211-70 Index for Specifications Dec 2003 HSAR 3052.217-90 Delivery and Shifting of Vessel Dec 2003 HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work Dec 2003 HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility Dec 2003 HSAR 3052.223-90 Accident and Fire Reporting Dec 2003 Contractor Performance Assessment Report (CPAR) (a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offerors past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.1502. All information contained in this assessment may be used, within the limitations of FAR 42.1502, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award. (b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 60 days to respond to the SFLC's assessment of its performance entered into CPARS. The contractor's response, if any, will be made part of the CPAR system. (c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor's record of conforming to contract requirements and to standards of good workmanship; the contractor's record of forecasting and controlling costs; the contractor's adherence to contract schedules, including the administrative aspects of performance; the contractor's history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor's record of integrity and business ethics, and generally, the contractor's business-like concern for the interest of the customer. (d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor. Maintaining, Reporting, and Disposing of Government Property in the Performance of a Ship Repair Contract 1. The Government Property Clause incorporated by reference delineates the Contractor's overall responsibility when taking possession of government property in performance of a contract. In performance of this contract the Contractor will be required to properly identify, track and control property within its possession. This includes, a) property furnished by the government (GFP) to the Contractor in conjunction with specific CLIN Items. These items and their values are listed in the specification, b) property that is pre-existing in a location that during the course of performance will be replaced or renewed. 2. The items listed in the specification, as government furnished property will be provided in the quantities designated. Government furnished property may be provided in person by an official Coast Guard employee, shipment via commercial carrier, etc. The Contractor shall sign for all government furnished property using either a DD Form 1149, entitled, "Requisition and Invoice/Shipping Document" or a DD Form 1348, entitled, "Issue Release/Receipt Document". A copy of the DD 1149 or DD 1348 must be sent within 48 hours of receipt of property, to the designated Government Property Administrator. The name of the individual assigned as Property Administrator will be furnished to the Contractor at time of award. The Contractor shall not take receipt of property that is not listed in the specification, has not been previously identified as becoming part of the contract (via contract modification) or which otherwise cannot be identified. Such irregularities shall be immediately reported to the Property Administrator. 3. The Contractor shall complete the report provided herein, entitled, "Government Property Report". This report is intended as a living document whereby relevant fields shall be filled in, maintained and kept current at all times. All property described in paragraph 1 (a and b) above shall be reported on the report. At contract completion the Contractor and the Property Administrator shall ensure that all fields are appropriately completed. A signature block is provided at the end of the report for both parties to attest to the report's accuracy and completeness. The Government Property Report shall clearly delineate the complete track that all Government property took over the course of the contract. This completed report must accompany the Contractor's final invoice. Final payment may be delayed, without penalty of interest, until such time as the report is received. A separate copy of the completed report and any final DD 1149s or DD 1348s executed, as a result of carrying out disposition instructions shall be provided to the Property Administrator. 4. Pursuant to the Government Property Clause the authority to render disposition instructions of Government property associated with this contract is delegated to the Property Administrator. The Contractor shall comply with all instructions in the contract for the return of government property to the Coast Guard. This includes government property taken off the vessel (shafts, propellers, etc.), government property returned to the vessel (special tools, etc.) or surplus government property not used during performance of the contract. Full Text Provisions 52.211-3 Availability of Specifications Not Listed in the GSA Index Jun 1998 of Federal Specifications, Standards and Commercial Item Descriptions. U.S. Coast Guard standard specifications can be downloaded at http://www.dcms.uscg.mil/Our- Organization/Assistant-Commandant-for-Engineering-Logistics-CG-4-/Logistic-Centers/Surface- Forces-Logistics-Center/Contracting-Links/Standard-Specifications/. Orders for reference drawings must be placed within 3 days of the solicitation issue date. To request drawings, contact the Contract Specialist Cynthia Major at Cynthia.L.Major@uscg.mil. All requests should identify the solicitation number 70Z080-18-Q-P4545500. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD-ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.). Drawing measurements should be verified by the Contractor prior to ordering materials. (End of provision) Solicitation Provisions Incorporated by Reference 52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://acquisition.gov/far/index.html. 52.212-1 Instructions to Offerors. Commercial Items Jan 2017 52.212-3 Offeror Representations and Certifications, Commercial Items with Alternate I Nov 2017 Oct 2014
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Place of Performance: Address: USCGC RICHARD Dixon�s home pier, 5 Calle La Puntilla, San Juan, Puerto Rico, 00901, United States; Zip Code: 00901
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19 -- Dockside repairs - Combine Solicitation