SEA DEVIL FY18 DRY DOCK

USCGC SEA DEVIL (WPB-87368) DRY-DOCK REPAIRS 7Z080-18-Q-P-V1248000 Page 1 of 19 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. USCGC SEA DEVIL (WPB-87368) DRY-DOCK REPAIRS 7Z080-18-Q-P-V1248000 Page 2 of 19 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 7Z080-18-Q-PV1248000is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-96 effective November 6, 2017. 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 18 April 2018 through 24 June 2018 68 Days. Contractors that have the qualifications 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 Attachment 3: Specifications and Drawings Request Document Attachment 4: SF 1449 GEORGRAPHICAL RESTRICTION: USCGC SEA DEVIL (WPB 87368) is restricted to the Strait of Juan de Fuca and Puget Sound. PLACE OF PERFORMANCE: The place of performance will be at the contractor's proposed certified dry-dock facility capable of docking the vessel that is located within the Geographical Restricted area listed above. Closing date and time for receipt of quotes is 05 March 2018at 10:00AM Eastern Time. Anticipated award date is on or about 12 March 2018. E-mail quotations are preferred and may be sent to Cabin.S.Long@USCG.Mil . Please indicate 7Z080-18-Q-PV1248000 in thesubject line. Quotations may also be mailed to the following address: US Coast Guard SLFC/CPD1/PBPL Attn: Cabin Long 300 East Main Street, Suite 600 Norfolk, VA 23510-9102 USCGC SEA DEVIL (WPB-87368) DRY-DOCK REPAIRS 7Z080-18-Q-P-V1248000 3 Statement of Requirement The proposed contract to be awarded by the United States Coast Guard (USCG) shall be for DRY- DOCK repairs to USCGC SEA DEVIL (WPB 87368) 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 10:00 AM local time for Norfolk, VA on 26 February 2018 10:00 am Eastern. After that time, the Government will begin evaluating quotes, making and 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 contractor 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 contractors must provide the following minimum information and documentation with their quotes to be considered technically acceptable: Technical Approach - Submit a brief overview planning document using any means (computer generated, hand written, etc.) that outlines the strategy for ensuring that this requirement is completed on or before the contract completion date. The planning document shall include at a minimum: 1) Proposed schedule, resources, completion-dates, float, and major-milestones for the various tasks required to complete this contract. USCGC SEA DEVIL (WPB-87368) DRY-DOCK REPAIRS 7Z080-18-Q-P-V1248000 4 2) Identify a list of items that may pose the most contract schedule risk and approach to mitigate or eliminate each risk. Welding Certifications/Procedures - Submit welding documentation (e.g. WPSs, welder certs, etc.) in accordance with SFLC Standard Specification 0740_STD (APR 2012) http://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Engineering- Logistics-CG-4-/Logistic-Centers/Surface-Forces-Logistics-Center/Contracting- Links/Standard-Specifications/ specific to your internal or subcontracted staff for the weld joints that will be installed. Dry-dock certification and dry-dock calculations Contractor shall provide current dry-dock certifications for its dry-docking facility as required by the specification, Work Item D-31: Drydock, and SFLC Standard Specification 8634_STD. The Contractor shall also provide the pre-award calculations described in specification Work Item D-31, Drydock, Cutter conditions, and Appendix A 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 A of the SFLC Standard Specification 8634_STD. 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 contractor. The contractor 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 contractor shall provide pricing as requested in the attached spreadsheet titled "7Z080-18-Q-PV1248000- Price Schedule". Offeror's price shall represent the best price in response to the request for quote. The 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). USCGC SEA DEVIL (WPB-87368) DRY-DOCK REPAIRS 7Z080-18-Q-P-V1248000 5 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. Prior to being considered for contract award, a pre-award survey will be required for any contractor identified for serious consideration for award and who does not have a current (past six months), positive history of successful completion of projects similar in size and scope (or larger). The survey is used as an indication if a contractor has the qualifications to do the work and that the contractor's facilities are certified under US Coast Guard specifications. DISTANCE FACTOR ADJUSTMENT (1) The work will be accomplished at the Contractor's Facility and the following distance adjustment factors will be applied to the prices quoted for this work. (2) The home pier of the vessel is located at 2020 GUARDFISH STREET, SILVERDALE WA 98315. Because Dry DOCK work is always performed away from the home pier of the vessel, the Coast Guard will incur costs incident to moving the vessel to and from Contractor's location at a rate of $33.38 x distance x 2 calculated round trip nautical miles. Furthermore, Coast Guard inspection and other support in connection with the work covered by this solicitation will be provided by SFLC Naval Engineering Support Unit (NESU) listed in the following paragraphs, which are responsible for support of the vessel. If work is performed elsewhere than at these SFLC locations, the Coast Guard will incur costs incident to providing inspection and other support. FORESEEABLE COST FACTORS PERTAINING TO DIFFERENT SHIPYARD LOCATIONS (1) There will be a transportation cost for one (1) U.S. Coast Guard Representative(s) for two (2) round trip between the Contractor's offered place of performance and Seattle Washington at the cost of coach-type airfare to be taken from the official airline guide or at a cost of tiny_mce_marker.56 per mile if no airline service is available. (2) If the Contractor's offered place of performance is more than fifty (50) driving miles from 2020 GUARDFISH STREET, SILVERDALE WA 98315, the "Per Diem" expenses for sixty (68) calendar days to support one (1) U.S. Coast Guard Representative(s) while in the locality of the place of performance will be determined in accordance with the Joint Federal Travel Regulations (JFTR). (3) Facility costs to navigate vessel between its home pier of 2020 GUARDFISH STREET, SILVERDALE WA 98315 and the Contractor's offered place of performance (round trip) is $33.35 per nautical mile. (4) Family separation allowance for six (0) personnel with dependents on board at tiny_mce_marker.00 per day for each personnel for 68 days each when the place of performance is more than fifty (50) driving miles from the home pier of the vessel. *The entitlement is calculated from the date the vessel leaves homeport and ends upon return to homeport. All travel dates will be included in this calculation. See U.S. Coast Guard Pay Manual, COMDTINST M7220.29B, Chapter 3-F. USCGC SEA DEVIL (WPB-87368) DRY-DOCK REPAIRS 7Z080-18-Q-P-V1248000 6 (5) Crew's transportation during overhaul away from home port. As required by 37 USC 406 b. and Chapter 7, Part F1 of the Joint Federal Travel Regulations (JFTR), on the thirty-first (31) day of a ship being away from home port, and every sixty-two (68) days thereafter, all personnel with dependents will be provided round trip coach type airfare to the ship's home pier. There will be two 0 home port visits during the performance of this contract. The vessel has 0 personnel with dependents onboard. The cost of this airfare will be determined from the official airline guide. The calculation of trips does not include travel time to and from the overhaul place of performance. See Joint Federal Travel Regulations (JFTR), Chapter 5, Part C, and Chapter 7, Part F. NOTE. These financial demographics are subject to change by award date. USCGC SEA DEVIL (WPB-87368) DRY-DOCK REPAIRS 7Z080-18-Q-P-V1248000 7 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. (g) 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 USCGC SEA DEVIL (WPB-87368) DRY-DOCK REPAIRS 7Z080-18-Q-P-V1248000 8 be completed is highlighted in red on the website. USCGC SEA DEVIL (WPB-87368) DRY-DOCK REPAIRS 7Z080-18-Q-P-V1248000 9 Invoice Routing Code: MM/DD/YY (help) Invoice Receipt Date: (help) (help) Invoice Number: (help) MM/DD/YY (help) Invoice Date: (help) 0.00 (help) Invoice Amount: (help) 00.00 0 Discount Terms: % Discount Days 30 Net Days (help) SFLC-1 Contract Number: Requisition Number: Delivery/Task Order Number: 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 Cabin.S.Long@USCG.Miland the Contracting Officer's Representative (COR) LAURIN.M.SMITH@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. (w) 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. USCGC SEA DEVIL (WPB-87368) DRY-DOCK REPAIRS 7Z080-18-Q-P-V1248000 1 0 (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. (x) 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/pat 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. USCGC SEALION(WPB-87352) DRY-DOCK REPAIRS 70Z080-18-Q-P450300 (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. (y) 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 dry-dock availabilities and at the arrival conference for dry-dock 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) 8 USCGC SEALION(WPB-87352) DRY-DOCK REPAIRS 70Z080-18-Q-P450300 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. (z) ) Delivery and Shifting of the Vessel (1) The Government shall deliver the vessel to the contractor, at the location specified in the contract. (2) Whether the specified location of performance is the contractor's own facility or any other authorized facility, it shall be understood to mean the fairway of the facility. The contractor shall provide necessary tugs and pilot services to move the vessel from the fairway to the pier or dock, and, upon completion of all work, from the pier or dock to the fairway of the facility. (3) While the vessel is in the possession of the contractor, any necessary movement of the vessel incidental to the work specified in the contract shall be furnished by the contractor without additional charge to the Government. (aa) 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. (ab) 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, and 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. (ac) 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 9 USCGC TERN (WPB-87343) DRY-DOCK REPAIRS 70Z080-18-Q-P4519200 Contracting Officer will render a final determination and provide it to the Contractor and COR in writing. (ae) Option for Increased Quantity - Separately Priced Line Item The Government may require the performance of the numbered line items identified in the Schedule as option items, at the unit prices state in the Schedule. The option quantities shown in the Schedule are estimates only. The Contracting Officer may exercise the option by written notice to the contractor within 24 hours of the need of commencement of performance. (End of FAR 52.212-4 Addendum) 52.212-5 Contract Terms and Conditions Required To Implement Nov 2017 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...