EXPANSION JOINT RENEWAL
Notice Type: Combine Solicitation
Posted Date:
Office Address:
Subject: EXPANSION JOINT RENEWAL
Classification Code: J - Maintenance, repair & rebuilding of equipment
Solicitation Number: 70Z085-19-Q-P45B0800
Contact: Pablo J. Rosa-Perez, SK2, Phone 5106375901, Email [email protected] - Megan Carter, SK2, Phone 5106375968, Email [email protected]
Setaside: Total Small BusinessTotal Small Business
Place of Performance (address): USCGC JOHN MIDGETT1519 ALASKAN WAY
Place of Performance (zipcode): 98134
Place of Performance Country: US
Description:
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. Request for Quotations number is 70Z085-19-Q-P45B0800 and is issued as a request for quotations (RFQ). This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This Request for Quotations incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-84 dated
** For purposes of evaluation and award, Past Performance is considered to be more important than Price.
CGC MIDGETT
DESCRIPTION: Contractor to perform expansion joint renewal as per the statement of work.
Requested Period of Performance: From
Location: USCGC JOHN MIDGETT
CLIN 0001- COMPOSITE LABOR HOUR RATE
The following labor hour rate shall be used in pricing all contract changes in accordance with the ADDENDA clause (21) entitled "COMPOSITE LABOR HOUR RATE."
! LABOR HOUR RATE ! ESTIMATED QUANTITY** ! EXTENDED AMOUNT* !
! $__________ ! per hour ! 40 Hours ! $________________ !
! ! ! ! !
!
**NOTE: The estimated quantity and extended amount indicated above are for evaluation of offerss only. The proposed rate will apply to all changes involving additional work under this contract regardless of the actual total hours required.
COMPOSITE LABOR RATE:
The composite labor rate offered shall be the sole labor hour rate used to price the Prime Contractor's direct labor hours for contract changes, i.e. growth work. The Contractor shall not receive any compensation in addition to this rate for the Prime Contractor's direct labor associated with such changes under this contract.
(a) The composite labor hour rate shall represent total compensation for the following:
* (1) direct labor wages and salaries;
* (2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;
* (3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;
* (4) all indirect costs such as overhead and general and administrative expense;
* (5) any port or association fees, rents, or other levies;
* (6) profit (fee); and
* (7) all direct and indirect costs and profit associated with the following support functions:
Supervision Quality Assurance
Planning Engineering
Surveyors Worker Transit Time
Material Handling Testing
Cleaners Guards
Estimating Contract Administration
Transportation Drivers Fire Watches
(b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production
functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged
directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated.
1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (
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. The full text of FAR clauses may be accessed electronically at this address: http://www.arnet.gov/far/index.html.
FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (
FAR 52.204-7 Systems for Award Management (
FAR 52.204-13 Systems for Award Management Maintenance (
FAR 52.211-14 Notice of Priority Rating for National Defense EMERGENCY Preparedness and Energy Program Use (DO) (
FAR 52.215-5 FASCILILE Proposals (
FAR 52.228-5 Insurance- Work on Government Installation (
FAR 52.233-4 Applicable Law for Breach of Contract Claim (
FAR 52.242-2 Production Progress Reports (
FAR 52.245-1 Government Property (
FAR 52.245-9 Use and Charges (
FAR 52.249-1 Termination for Convenience of the Government (Fixed Price) (
HSAR 3052.211-70 Inex for Specifications (
HSAR 3052.217-90 Delivery and Shifting of Vessel (
HSAR 3052.209-72 Organizational Disclosure of Conflicts of Interest
HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (
* (a) Prohibitions.
Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the
* (b) Definitions. As used in this clause:
'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, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.
* (1) The entity completes 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 an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).
* (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 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 the Homeland Security Act, 6 U.S.C. 395(b) 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. The offeror under this solicitation represents that [Check one]:
it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;
it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108- 7004, which has not been denied; or
it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108- 7004.
* (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.
3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability, (
(a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that:
(1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government.
(2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(b) The Offeror represents that:
(1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months.
(2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
(c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request.
(End of provision)
HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - APPLICABLE LICENSES AND PERMITS (
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 (10) 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.
2. FAR 52.212-1 Instructions to Offerors-Commercial Items (
ADDENDUM to FAR PROVISION 52.212-1: the following paragraphs are added to the provision:
WELDING CERTIFICATIONS AND QUALIFICATIONS
This solicitation may contain welding line items as either Definitive or Optional Items. With his/her proposal the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), SFLC Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable certifications and qualifications to the COTR for any welding to be performed on any proposed change request.
Drydock Certification and Drydock Calculations
With his/her proposal the Contractor shall provide a current certification of its drydocking facility as required by the specification (Work Item for Routine Drydocking) and SFLC Standard Specification 8634_STD. When requested by the Contracting Officer, the Contractor shall also provide the pre-award calculations described in specification for Routine Drydocking, Cutter Conditions, and Appendix B of the SFLC Standard Specification 8634_STD. Subsequent to contract award, the Government will require the Contractor to provide the docking and un-docking calculations described in Appendix B of the SFLC Standard Specification 8634_STD
FAR PROVISION 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE
a. Orders for
FAR PROVISION 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (
* (a) Submission of cost or pricing data is not required
* (b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination.
The information may be as follows:
REQUEST FOR INFORMAL COST BREAKDOWN
In addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below:
Trade, (i.e. laborers, rigger, etc.) Breakdown of labor grades by trade category Manhours per trade, per labor grade Cost/hour/trade
Supplies/materials (description & cost of each) Sub-total
Pension Plans
Overhead at a rate of % Profit at a rate of % Total for item
3. FAR 52.212-2 Evaluation-Commercial Items (
4. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (
5. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (
The following addendum applies: Address for submission of invoices is
USCG FINANCE CENTER COMMERCIAL INVOICES PO BOX 4115
FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (
As prescribed in https://acquisition.gov/far/current/html/Subpart%2032_1.html#wp1027689 [32.009-2], insert the following clause:
Providing Accelerated Payments to Small Business Subcontractors (
* (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
* (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
* (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
ACCESS TO VESSEL
(a) A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis.
The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security.
(b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security.
INDEMNIFICATION FOR ACCESS TO VESSELS
Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.
INSPECTIONS
Except as specified elsewhere, the
Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract.
The name and telephone number of the
6. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (
This clause is required for this solicitation, and applies to this acquisition.
(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) https://acquisition.gov/far/current/html/52_207_211.html#wp1146366 [52.209-10], Prohibition on Contracting with Inverted Domestic Corporations (
(2) https://acquisition.gov/far/current/html/52_222.html#wp1151848 [52.222-50] https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 [52.222-50], Combating Trafficking in Persons (
__ (ii) Alternate I (
(3) https://acquisition.gov/far/current/html/52_233_240.html#wp1113329 [52.233-3], Protest After Award (
(4) https://acquisition.gov/far/current/html/52_233_240.html#wp1113344 [52.233-4], Applicable Law for Breach of Contract Claim (Oct 2004).
(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:
___ (1) https://acquisition.gov/far/current/html/52_200_206.html#wp1137622 [52.203-6], Restrictions on Subcontractor Sales to the Government (
__ (2) https://acquisition.gov/far/current/html/52_200_206.html#wp1141983 [52.203-13],
__ (3) https://acquisition.gov/far/current/html/52_200_206.html#wp1144881 [52.203-15], Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (
_X_ (4) https://acquisition.gov/far/current/html/52_200_206.html#wp1141649 [52.204-10], Reporting Executive Compensation and First-Tier Subcontract Awards (
__ (5) [Reserved].
__ (6) https://acquisition.gov/far/current/html/52_200_206.html#wp1151163 [52.204-14], Service Contract Reporting Requirements (
__ (7) https://acquisition.gov/far/current/html/52_200_206.html#wp1151299 [52.204-15], Service Contract Reporting Requirements for Indefinite-Delivery Contracts (
_X_ (8) https://acquisition.gov/far/current/html/52_207_211.html#wp1140926 [52.209-6], Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (
___ (9) https://acquisition.gov/far/current/html/52_207_211.html#wp1145644 [52.209-9], Updates of Publicly Available Information Regarding Responsibility Matters (
__ (10) [Reserved].
__ (11)(i) https://acquisition.gov/far/current/html/52_217_221.html#wp1135955 [52.219-3], Notice of HUBZone Set-Aside or Sole-Source Award (
__ (ii) Alternate I (
__ (12)(i) https://acquisition.gov/far/current/html/52_217_221.html#wp1135970 [52.219-4], Notice of Price Evaluation Preference for HUBZone Small Business Concerns (
__ (ii) Alternate I (
__ (13) [Reserved]
___ (14)(i) https://acquisition.gov/far/current/html/52_217_221.html#wp1136004 [52.219-6], Notice of Total Small Business Set-Aside (
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) https://acquisition.gov/far/current/html/52_217_221.html#wp1136017 [52.219-7], Notice of Partial Small Business Set-Aside (
__ (ii) Alternate I (
__ (iii) Alternate II (
__ (16) https://acquisition.gov/far/current/html/52_217_221.html#wp1136032 [52.219-8], Utilization of Small Business Concerns (
__ (17)(i) https://acquisition.gov/far/current/html/52_217_221.html#wp1136058 [52.219-9], Small Business Subcontracting Plan (
__ (ii) Alternate I (
__ (iii) Alternate II (
__ (iv) Alternate III (
__ (18) https://acquisition.gov/far/current/html/52_217_221.html#wp1136174 [52.219-13], Notice of Set-Aside of Orders (
__ (19) https://acquisition.gov/far/current/html/52_217_221.html#wp1136175 [52.219-14], Limitations on Subcontracting (
__ (20) https://acquisition.gov/far/current/html/52_217_221.html#wp1136186 [52.219-16], Liquidated Damages-Subcon-tracting Plan (
__ (21) https://acquisition.gov/far/current/html/52_217_221.html#wp1136387 [52.219-27], Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (
_X_ (22) https://acquisition.gov/far/current/html/52_217_221.html#wp1139913 [52.219-28], Post Award Small Business Program Rerepresentation (
__ (23) https://acquisition.gov/far/current/html/52_217_221.html#wp1144950 [52.219-29], Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (
__ (24) https://acquisition.gov/far/current/html/52_217_221.html#wp1144420 [52.219-30], Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (
_X_ (25) https://acquisition.gov/far/current/html/52_222.html#wp1147479 [52.222-3], Convict Labor (
_X_ (26) https://acquisition.gov/far/current/html/52_222.html#wp1147630 [52.222-19], Child Labor-Cooperation with Authorities and Remedies (
_X_ (27) https://acquisition.gov/far/current/html/52_222.html#wp1147656 [52.222-21], Prohibition of Segregated Facilities (APR 2015).
_X_ (28) https://acquisition.gov/far/current/html/52_222.html#wp1147711 [52.222-26], Equal Opportunity (
_X_ (29) https://acquisition.gov/far/current/html/52_222.html#wp1158632 [52.222-35], Equal Opportunity for Veterans (OCT 2015)("http://uscode.house.gov/uscode-cgi/fastweb.exe getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20"38 U.S.C. 4212).
_X_ (30) https://acquisition.gov/far/current/html/52_222.html#wp1162802 [52.222-36], Equal Opportunity for Workers with Disabilities (
_X_ (31) https://acquisition.gov/far/current/html/52_222.html#wp1148123 [52.222-37], Employment Reports on Veterans (
_X_ (32) https://acquisition.gov/far/current/html/52_222.html#wp1160019 [52.222-40], Notification of Employee Rights Under the National Labor Relations Act (
_X_ (33) 52.222.50, Combating Trafficking in Persons (
_X_ (34) https://acquisition.gov/far/current/html/52_222.html#wp1156645 [52.222-54], Employment Eligibility Verification (
applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial
items as prescribed in https://acquisition.gov/far/current/html/Subpart%2022_18.html#wp1089948 [22.1803].)
__ (35)(i) https://acquisition.gov/far/current/html/52_223_226.html#wp1168892 [52.223-9], Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May
2008) ( http://uscode.house.gov/ [42 U.S.C. 6962(c)(3)(A)(ii)]). (Not applicable to the acquisition of commercially available off-the-shelf
items.)
__ (ii) Alternate I (
__ (36)(i) https://acquisition.gov/far/current/html/52_223_226.html#wp1168933 [52.223-13], Acquisition of EPEAT(R)-Registered Imaging Equipment (
__ (ii) Alternate I (
__ (37)(i) https://acquisition.gov/far/current/html/52_223_226.html#wp1194330 [52.223-14], Acquisition of EPEAT(R)-Registered Televisions (E.O. 13423 and 13514).
__ (ii) Alternate I (
__ (38) https://acquisition.gov/far/current/html/52_223_226.html#wp1194323 [52.223-15], Energy Efficiency in Energy-Consuming Products (
__ (39)(i) https://acquisition.gov/far/current/html/52_223_226.html#wp1179078 [52.223-16], Acquisition of EPEAT(R)-Registered Personal Computer Products (
__ (ii) Alternate I (
_X_ (40) https://acquisition.gov/far/current/html/52_223_226.html#wp1188603 [52.223-18], Encouraging Contractor Policies to Ban Text Messaging While Driving (
_X_ (41) https://acquisition.gov/far/current/html/52_223_226.html#wp1192900 [52.225-1],
__ (42)(i) https://acquisition.gov/far/current/html/52_223_226.html#wp1169038 [52.225-3], Buy American-Free Trade Agreements-Israeli Trade Act (
__ (ii) Alternate I (
__ (iii) Alternate II (
__ (iv) Alternate III (
__ (43) https://acquisition.gov/far/current/html/52_223_226.html#wp1169151 [52.225-5], Trade Agreements (
_X_ (44) https://acquisition.gov/far/current/html/52_223_226.html#wp1169608 [52.225-13], Restrictions on Certain Foreign Purchases (
__ (45) https://acquisition.gov/far/current/html/52_223_226.html#wp1192524 [52.225-26], Contractors Performing Private Security Functions Outside the United States (
__ (46) https://acquisition.gov/far/current/html/52_223_226.html#wp1173773 [52.226-4], Notice of Disaster or Emergency Area Set-Aside (
__ (47) https://acquisition.gov/far/current/html/52_223_226.html#wp1173393 [52.226-5], Restrictions on Subcontracting Outside Disaster or Emergency Area (
__ (48) https://acquisition.gov/far/current/html/52_232.html#wp1153230 [52.232-29], Terms for Financing of Purchases of Commercial Items (
__ (49) https://acquisition.gov/far/current/html/52_232.html#wp1153252 [52.232-30], Installment Payments for Commercial Items (
_X_(50) https://acquisition.gov/far/current/html/52_232.html#wp1153351 [52.232-33], Payment by Electronic Funds Transfer-System for Award Management (
__ (51) https://acquisition.gov/far/current/html/52_232.html#wp1153375 [52.232-34], Payment by Electronic Funds Transfer-Other than System for Award Management (
__ (52) https://acquisition.gov/far/current/html/52_232.html#wp1153445 [52.232-36], Payment by Third Party (
__ (53) https://acquisition.gov/far/current/html/52_233_240.html#wp1113650 [52.239-1], Privacy or Security Safeguards (
__ (54) (i) https://acquisition.gov/far/current/html/52_247.html#wp1156217 [52.247-64], Preference for Privately Owned
__ (ii) Alternate I (
(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:
__ (1) https://acquisition.gov/far/current/html/52_222.html#wp1160021 [52.222-41], Service Contract Labor Standards (
__ (2) https://acquisition.gov/far/current/html/52_222.html#wp1153423 [52.222-42], Statement of Equivalent Rates for Federal Hires (
__ (3) https://acquisition.gov/far/current/html/52_222.html#wp1148260 [52.222-43], Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (
__ (4) https://acquisition.gov/far/current/html/52_222.html#wp1148274 [52.222-44], Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (
__ (5) https://acquisition.gov/far/current/html/52_222.html#wp1155380 [52.222-51], Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (
__ (6) https://acquisition.gov/far/current/html/52_222.html#wp1162590 [52.222-53], Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (
__ (7) https://acquisition.gov/far/current/html/52_222.html#wp1147587 [52.222-17],
__ (8) https://acquisition.gov/far/current/html/52_223_226.html#wp1183820 [52.226-6], Promoting Excess Food Donation to Nonprofit Organizations (
__ (9) https://acquisition.gov/far/current/html/52_233_240.html#wp1120023 [52.237-11], Accepting and Dispensing of
__ (10) https://acquisition.gov/far/current/html/52_222.html#wp1163027 [52.222-55], Minimum Wages Under Executive Order 13658 (
(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 https://acquisition.gov/far/current/html/52_215.html#wp1144470 [52.215-2], Audit and Records-Negotiation.
(1) The Comptroller General of
(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 https://acquisition.gov/far/current/html/Subpart%204_7.html#wp1082800 [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) https://acquisition.gov/far/current/html/52_200_206.html#wp1141983 [52.203-13],
(ii) https://acquisition.gov/far/current/html/52_217_221.html#wp1136032 [52.219-8], Utilization of Small Business Concerns (
(iii) https://acquisition.gov/far/current/html/52_222.html#wp1147587 [52.222-17],
(iv) https://acquisition.gov/far/current/html/52_222.html#wp1147711 [52.222-26], Equal Opportunity (
(v) https://acquisition.gov/far/current/html/52_222.html#wp1158632 [52.222-35], Equal Opportunity for Veterans (
(vi) https://acquisition.gov/far/current/html/52_222.html#wp1162802 [52.222-36], Equal Opportunity for Workers with Disabilities (
(vii) https://acquisition.gov/far/current/html/52_222.html#wp1148123 [52.222-37], Employment Reports on Veterans (
(viii) https://acquisition.gov/far/current/html/52_222.html#wp1160019 [52.222-40], Notification of Employee Rights Under the National Labor Relations Act (
(ix) https://acquisition.gov/far/current/html/52_222.html#wp1160021 [52.222-41], Service Contract Labor Standards (
(x) https://acquisition.gov/far/current/html/52_222.html#wp1151848 [52.222-50], Combating Trafficking in Persons (
___Alternate I (
(xi) https://acquisition.gov/far/current/html/52_222.html#wp1155380 [52.222-51], Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (
(xii) https://acquisition.gov/far/current/html/52_222.html#wp1162590 [52.222-53], Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (
(xiii) https://acquisition.gov/far/current/html/52_222.html#wp1156645 [52.222-54], Employment Eligibility Verification (OCT 2015).
(xiv) https://acquisition.gov/far/current/html/52_223_226.html#wp1192524 [52.225-26], Contractors Performing Private Security Functions Outside the United States (
(xv) https://acquisition.gov/far/current/html/52_223_226.html#wp1183820 [52.226-6], Promoting Excess Food Donation to Nonprofit Organizations (
(xvi) https://acquisition.gov/far/current/html/52_247.html#wp1156217 [52.247-64], Preference for Privately Owned
(xvii) https://acquisition.gov/far/current/html/52_222.html#wp1163027 [52.222-55], Minimum Wages Under Executive Order 13658 (
(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.
7. 3052.212-70 Contract Terms and Conditions Applicable to 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:
(a) Provisions
(b) Clauses.
3052.204-71 Contractor Employee Access __Alternate I (
The full text of HSAR clauses above may be accessed electronically at this address: http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf
8. DISCOVERIES AND CHANGES TO CONTRACT:
Condition Found Report, Change Orders will be transmitted electronically by using email. The bullets below display the process of how these documents are to be followed for the duration of the contract performance period:
(a) Condition Found Report (CFR) - All readings and inspections are to be taken within 24 hours after the machinery or system is opened. All reports of reading and inspections required by the specifications shall be submitted to the COR in writing using a "Condition Found Report (CFR)" form, within 24 hours after the readings and/or inspections are made.
Promptness in taking and reporting readings is particularly important for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the contractor which are considered abnormal for reasons of safety, expected reliability, health, or habitability. These conditions must be brought to the attention of the
(i) A sequential number.
(ii) The contract item which the "CFR" relates to.
(iii) A clear statement, definition, and description of the condition found, including but not limited to frame numbers, part numbers, materials and dimensions as appropriate.
(iv) A proposed or recommended repair to correct the defective condition.
(v) Indicate whether the report requires Cost Guard action, or if it is provided "for info"
only. If action is required, indicate the response time required by the
i) A space on the form for the
(vii) All CFR's will be dated, submitted, and signed by a representative of the Contractor.
Contracting Officer's Representative (COR) will respond to the Contractor's within 24 hours of receiving a Condition Found Report. A copy of ALL condition found reports shall be retained in the Cutter's file.
(b) Change Request Process will occur in the following order:
* 1. Condition Found Report-Generated by the contractor and provided to COR.
* 2. Condition Report Reply-Generated by the COR and provided to Contractor
* 3. Change Request- CR and IGE are generated by the COR and entered in the Contract Workbook. COR will assign the Change request number.
* 4. COR provides copy of Change Request to the Contractor
* 5. Contractor's Proposal- Provided to the KO for the identified tasking on CR
* 6. Negotiations- If needed, take place to establish pricing
* 7. Approved Change Request- Forwarded to Contractor and COR by the KO
Change Request must be submitted by the COR to the contractor within 24 hours after responding to the CFR. Contractor must submit proposal to the Contracting Officer within 72 hours receipt of the Change Request.
A modification will be issued to incorporate and implement all changes made by change orders.
9. 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.
10. Offerors shall submit quotes as follows -
Date:
Time:
Place: [email protected]
REQUIRED DOCUMENTS:
Each Offeror shall furnish the information required by the solicitation, which includes:
Section 1: Price Quote including cost breakdown.
Section 2: Past Performance / References Proposal (This section should include the offerors completed representations and certifications.); and
Section 3: Any issued amendments to the solicitation.
ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about
QUESTIONS: The last day to ask questions will be
For information regarding this solicitation, please contact the email above.
Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation.
11. Questions and quotes shall be emailed to [email protected]. Contractors are responsible for verifying receipt of quotes.
INTERESTED VENDORS PLEASE SEND OFFICIAL QUOTE, WITH A SAM.GOV REGISTERED DUNS NUMBER, AND EMAIL TO [email protected].
Link/URL: https://www.fbo.gov/spg/DHS/USCG/USCGELC/70Z085-19-Q-P45B0800/listing.html
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