Unplanned Drydock & Repairs of the USCGC WAHOO (WPB-87345)

NOTICE FOR FILING AGENCY PROTESTS It is the policy of the Coast Guard 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 General Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the 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 at 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. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be forwarded to the address below: Commandant (CG-9131) U.S. Coast Guard Headquarters Procurement Planning & Oversight Division 1900 Half St. SW, JR11-0203 Washington, DC 20593 Telephone: +1 (555) 000-0000 Fax: +1 (555) 000-0000 ? 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. This announcement constitutes the only solicitation; quotations are being requested, and a separate written solicitation will not be issued. The solicitation is issued as a Request for Quotations. The requirement is being solicited using Simplified Acquisition Procedures per FAR Subpart 13. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-38. The NAICS Code is 336611. The solicitation number is HSCG80-10-Q-P45N58. A Firm Fixed Price contract is anticipated. GEOGRAPHIC RESTRICTION: A one-time geographic restriction for emergency repairs to the USCGC WAHOO (WPB-87345) at a commercial yard within the Strait of Juan de Fuca and Puget Sound, WA. Place of Performance: All work shall be performed at the contractor's facility within the Strait of Juan de Fuca and Puget Sound, WA. The performance period is ten (10) calendar days, with a start date on or about February 16, 2010. For ship access, please contact Jennifer Smith at +1 (555) 000-0000. (a) The Contractor shall furnish all necessary labor, material, equipment and such other things as are necessary, except as otherwise specified, to perform Dry Dock repairs, and alterations to the vessel, in accordance with this solicitation and attached USCGC WAHOO (WPB-87345) 87 Foot Patrol Boat Specification dated January 27, 2010/Revision 0. (b) Failure to read the specification in its entirety will not relieve the quoter from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the quoter's risk. Each quoter shall furnish the information required by the solicitation. PRICING DATA: ITEM 1-O: REALIGN MAIN ENGINE/REDUCTION GEAR (O) 2 EA @ tiny_mce_marker_________________________ ITEM 2-D: REMOVE, INSPECT, AND REINSTALL STBD PROPELLER SHAFT (D) 1 JOB @ tiny_mce_marker_________________________ ITEM 3-O: REPAIR SHAFT (O) 1 JOB @ tiny_mce_marker_________________________ ITEM 4-O: STRAIGHTEN SHAFT (O) 1 JOB @ tiny_mce_marker_________________________ ITEM 5-O: RENEW INTERMEDIATE WATER-LUBRICATED SHAFT BEARING (O) 1 JOB @ tiny_mce_marker_________________________ ITEM 6-O: RENEW AFT WATER-LUBRICATED SHAFT BEARING (O) 1 JOB @ tiny_mce_marker_________________________ ITEM 7-O: RENEW INTERMEDIATE BEARING CARRIER (O) 1 JOB @ tiny_mce_marker_________________________ ITEM 8-O: RENEW AFT BEARING CARRIER (O) 1 JOB @ tiny_mce_marker_________________________ ITEM 9-D: REMOVE, INSPECT AND REINSTALL STBD PROPELLER (D) 1 JOB @ tiny_mce_marker_________________________ ITEM 10-O: PERFORM MINOR REPAIR AND RECONDITION OF STBD PROPELLER (O) 1 JOB @ tiny_mce_marker_________________________ ITEM 11-O: REMOVE, INSPECT AND REINSTALL STBD RUDDER ASSEMBLY (O) 1 JOB @ tiny_mce_marker_________________________ ITEM 12-O: PRESERVE STBD STERN TUBE (O) 1 JOB @ tiny_mce_marker_________________________ ITEM 13-D: NON-ROUTINE DRYDOCKING (D) 1 JOB @ tiny_mce_marker_________________________ ITEM 14-D: PROVIDE TEMPORARY LOGISTICS (D) 1 JOB @ tiny_mce_marker_________________________ ITEM 15-D: VERIFY PORT SHAFT ALIGNMENT (D) 1 JOB @ tiny_mce_marker_________________________ ITEM A-O: COMPOSITE LABOR RATE 50 HRS @ tiny_mce_marker________________________ ITEM B-D: GFP REPORT 1 EA @ $NSP ITEM Z-O: LAYDAYS 5 DAYS @ tiny_mce_marker________________________ TOTAL PRICE OF DEFINITE (D) ITEMS: tiny_mce_marker_________________ TOTAL PRICE OF OPTION (O) ITEMS: tiny_mce_marker___________________ TOTAL ALL: tiny_mce_marker______________ Refer questions to Jennifer Stock, Contract Specialist +1 (555) 000-0000. Quotes must arrive no later than 2:00 pm (Pacific Time) on February 8, 2010. Quotes may be sent or hand delivered to: Commanding Officer, USCG, SFLC/PBPL, Attn: Jennifer Stock, 1301 Clay Street, Suite 800N, Oakland, CA 94612, or emailed to: contact@example.gov. As per FAR 52.215-5, FACSIMILE PROPOSAL (OCT 1977), offerors may submit facsimile quotes as response to this solicitation. Facsimile proposals are subject to the same rules as paper proposals. The telephone number for receiving facsimiles is: +1 (555) 000-0000. The following FAR provisions and clauses apply to this request for quotation and are incorporated by reference and/or full text as required. 52.252.2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.dhs.gov/dhspublic. FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (AUG 2000) FAR 52.204-6 Data Universal Numbering System (DUNS) Number (JUN 1999) FAR 52.211-15 Defense Priorities and Allocation System Rating (SEP 1990) FAR 52.217-5 Evaluation of Options (JUL 1990) FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alt 1 (JULY 1997) FAR 52.223-12 Refrigeration Equipment and Air Conditioners (MAY 1995) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.228-5 Insurance - Work on a Government Installation (JAN 1977) FAR 52.242-2 Production Progress Reports (APR 1991) FAR 52.245-1 Government Property FAR 52.245-9 Use and Charges (JUNE 2007) HSAR 3052.209-72 Disclosure of Conflict of Interest (DEC 2003) HSAR 3052.211-70 Index for Specifications (DEC 2003) HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003) HSAR 3052.217-91 Performance (DEC 2003) HSAR 3052.217-92 Inspection and Manner of Doing Work (DEC 2003) HSAR 3052.217-93 Subcontracts (DEC 2003) HSAR 3052.217-94 Lay Days (DEC 2003) HSAR 3052.217-95 Liability and Insurance (DEC 2003 HSAR 3052.217-96 Title (DEC 2003) HSAR 3052.217-97 Discharge of Liens (DEC 2003) HSAR 3052.217-98 Delays (DEC 2003) HSAR 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (DEC 2003) HSAR 3052.217-100 Guarantee (DEC 2003) HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003) HSAR 3052.223-90 Accident and Fire Reporting (DEC 2003) HSAR 3052.242-71 Dissemination of Contract Information (DEC 2003) HSAR 3052.242-72 Contracting Officer's Technical Representative (DEC 2003) The provision at FAR 52.212-1, Instructions to Offerors - Commercial Items (June 2008) applies (with the exception of paragraph f). Quotes must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (June 2008, with its offer. The provision at FAR 52.212-2, Evaluation - Commercial Items (Jan 1999) Evaluation and Award: The government intends to award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation provides the best value to the government. QUOTES SHALL BE EVALUATED USING THE FOLLOWING CRITERIA: (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: The offeror shall identify at least two (2) relevant (construction, overhaul, repair and alteration of ships) and current federal, state or local government or private contracts performed during the last three (3) years. For each contract, list: a. Contract number and customer point of contact (including two (2) points of contact With telephone numbers) b. Dollar value of the contract (Original and Final) c. Type of service performed and whether Prime or subcontractor d. Required completion date for the contract e. Date the services were actually completed f. Ship Name, Hull Number g. Contract type (FFP, IDIQ, Requirement, Cost Type) h. Percentage of growth in contract price (Additional work divided by award price) If subcontracting arrangement is proposed, the above data must also be provided for each first tier subcontractor. If a joint effort or teaming arrangement is proposed, highlight previous experience with the proposed team or subcontractor. PAST PERFORMANCE: The past performance evaluation will take into account the guidelines outlined at FAR 15.305(a)(2) Past Performance Evaluation. The contractor's past performance will be evaluated according to the following factors and questions: - Quality of Product or Service --Did the customer get what was specified? --Did the customer consider the final product high in quality? --If warranty issues arose, were they promptly corrected? - Timeliness of Performance --Was the contract completed on time? If not, reason why not (growth work, contractor delayed, government delayed?) - Business Relations --How was the customer service? Was the contractor committed to customer satisfaction? --Would you use this company again (Why/Why not)? - Subcontracts Were subcontracts involved? Comments? In evaluating contractors past performance, the government intends to also review U.S. Coast Guard Contractor Performance Reports and other existing past performance ratings on relevant contracts. General trends in a contractor's performance will also be considered. PRICE: Offeror's price shall represent the best price in response to the request for quotes. The price shall be evaluated to determine fairness and reasonableness. The contracting officer will also calculate the foreseeable cost of transporting the USCGC WAHOO (WPB-87345) to offeror's commercial shipyard. Foreseeable costs will be calculated for the purpose of price evaluation only. ****Past Performance is more important than Price**** FAR 52.215-6 PLACE OF PERFORMANCE (OCT 1997) (a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend to use one or more plants or facilities located at a different address from the address of the offeror as indicated in this proposal. (b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information. Place of performance (street address, city, state, county, zip code) Name and address of owner and operator of the plant or facility if other than offeror ____________________________________________________________________ ____________________________________________________________________ _____________________________________________________________________ DISTANCE FACTOR ADJUSTMENT The following foreseeable cost factors will be evaluated and used as part of the award determination. 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 _one (1) round trip(s) between the Contractor's offered place of performance and NESU Alameda, CA at the cost of coach-type airfare to be taken from the official airline guide or at a cost of $0.585 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 the cutter's home port of Port Angeles, WA, the "Per Diem" expenses for _ten__(10) days to support _12_(12) U.S. Coast Guard Representative(s) while in the city of the place of contract performance will be determined in accordance with the Joint Federal Travel Regulations (JFTR). (3) Facility costs to navigate vessel between its homepier and the Contractor's offered place of performance (round trip) is $33.35 per nautical mile. The provision at FAR 52.212-3, Offeror Representations and Certification -Commercial Items (June 2008). Vendors are required to submit, a complete copy of the provision at Offeror Representations and Certifications-Commercial Items, with their quote. An offeror shall complete only paragraph (j) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision. (End of clauses). FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Feb 2010) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5). ___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). ___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (7) [Reserved] ___ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-6. ___ (iii) Alternate II (Mar 2004) of 52.219-6. ___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). ___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). ___ (13) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (16) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). _X_ (18) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a)(2)). _X_ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126). ___ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). ___ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). ___ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). _X_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). ___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). ___ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (27) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (29) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _X_ (30) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (31) (i) 52.225-3, Buy American Act -Free Trade Agreements - Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (33) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (37) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (38) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (39) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (42) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Reserved] (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) CONTRACTING OFFICER'S AUTHORITY No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. REQUIRED INSURANCE 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 (USCG) (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 State's 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. MAINTAINING, REPORTING AND DISPOSING OF GOVERNMENT PROPERTY IN THE PERFORMANCE OF A SHIP REPAIR CONTRACT (APR 2001) 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 ...