Loren Data's SAM Daily™

FBO DAILY ISSUE OF MARCH 19, 2009 FBO #2670
SOLICITATION NOTICE

L -- CASA HC-144A TECHNICAL REPRESENTATIVE SERVICES

Notice Date

3/17/2009
 

Notice Type

Modification/Amendment
 

NAICS

541330 — Engineering Services
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, HU25, HH65, H60J, C130, ESD, IOD, ISD, CASA or ALD, Elizabeth City, North Carolina, 27909-5001, United States
 

ZIP Code

27909-5001
 

Solicitation Number

HSCG38-08-Q-010038
 

Response Due

3/19/2009
 

Archive Date

4/3/2009
 

Point of Contact

Linda D Clark, Phone: 252-334-5212
 

E-Mail Address

linda.d.clark@uscg.mil
 

Small Business Set-Aside

N/A
 

Description

The closing date on this solicitation is hereby extended until April 9, 2009. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This Request for Quotation incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-30. The North American Industry Classification System (NAICS) code is 541330. The small business size standard is $4.5 Million or lower. This is an unrestricted procurement. The contract will be awarded using simplified acquisition procedures in accordance with FAR Part 13.5. This contract will be awarded as a firm-fixed-price contract under full and open competition procedures. The award will be based on FAR 6.302-1. The Coast Guard intends to award to the contractor offering the lowest price technically acceptable service. The requirement consists of Field Service Representative (FSR) at the Aviation Logistics Center, Elizabeth City, North Carolina for the U.S. Coast Guard CASA CN-235-300 aircraft. Offerors are invited to propose based upon the following minimum requirements. Contract Schedule Item No.DescriptionQuantityUnit PriceTotal Cost BASE CONTRACT PERIOD YEAR 1 1Provide a contractor furnished Field Service Representative (FSR) at the Aviation Logistics Center, Elizabeth City, North Carolina to include a monthly activity report (2 copies), and a FSR Monthly Certificate of Services (2 copies) in accordance with Addendum 1, Paragraph I. 234 man-days 2CG-directed travel, including airfare and mileage for Field Service Representative (estimated at 3 trips, 15 days) associated with Item 1. These costs will be reimbursed in accordance with Addendum 1, Paragraphs F & O-11.3 trips BASE CONTRACT PERIOD YEAR 2 3Provide a contractor furnished Field Service Representative (FSR) at the Aviation Logistics Center, Elizabeth City, North Carolina to include a monthly activity report (2 copies), and a FSR Monthly Certificate of Services (2 copies) in accordance with Addendum 1, Paragraph I. 234 man-days 4CG-directed travel, including airfare and mileage for Field Service Representative (estimated at 3 trips, 15 days) associated with Item 1. These costs will be reimbursed in accordance with Addendum 1, Paragraphs F & O-11. 3 trips BASE CONTRACT PERIOD YEAR 3 5Provide a contractor furnished Field Service Representative (FSR) at the Aviation Logistics Center, Elizabeth City, North Carolina to include a monthly activity report (2 copies), and a FSR Monthly Certificate of Services (2 copies) in accordance with Addendum 1, Paragraph I. 234 man-days 6CG-directed travel, including airfare and mileage for Field Service Representative (estimated at 3 trips, 15 days) associated with Item 1. These costs will be reimbursed in accordance with Addendum 1, Paragraphs F & O-11. 3 trips OPTION PERIOD – YEAR 1 7Provide a contractor furnished Field Service Representative (FSR) at the Aviation Logistics Center, Elizabeth City, North Carolina to include a monthly activity report (2 copies), and a FSR Monthly Certificate of Services (2 copies) in accordance with Addendum 1, Paragraph I. 234 man-days 8CG-directed travel, including airfare and mileage for Field Service Representative (estimated at 3 trips, 15 days) associated with Item 1. These costs will be reimbursed in accordance with Addendum 1, Paragraphs F & O-11. 4 trips OPTION PERIOD – YEAR 2 9Provide a contractor furnished Field Service Representative (FSR) at the Aviation Logistics Center, Elizabeth City, North Carolina to include a monthly activity report (2 copies), and a FSR Monthly Certificate of Services (2 copies) in accordance with Addendum 1, Paragraph I. 234 man-days 10CG-directed travel, including airfare and mileage for Field Service Representative (estimated at 3 trips, 15 days) associated with Item 1. These costs will be reimbursed in accordance with Addendum 1, Paragraphs F & O-11. 4 trips ADDENDUM 1 PERFORMANCE WORK STATEMENT FIELD SERVICE REPRESENTIVE EADS CASA CN-235-300 A.GENERAL. This Performance Work Statement describes the field service representative services necessary to support the airframe structures, systems and components, as used on the U.S. Coast Guard CASA CN-235-300 aircraft. B.SCOPE OF WORK. The contractor shall provide the services of a Field Service Representative trained and experienced in the CASA CN-235-300 airframe, systems, and components. The representative will be based at the U.S. Coast Guard Aviation Logistics Center, Elizabeth City, North Carolina. When directed by the Coast Guard, the representative shall visit various Coast Guard HC-144 operating units, perform formal or on-the-job training, assist in troubleshooting, assist with repairs, and evaluate damage. C.OBJECTIVES: 1.Enable the Coast Guard to resolve technical questions and problems associated with the operation and maintenance of CASA CN-235 aircraft. 2.Enable the Coast Guard to respond in a timely and appropriate manner to safety of flight issues, ground safety issues, and catastrophic failures of the CASA CN-235 aircraft or associated systems. 3.Enable the Coast Guard to efficiently operate the CASA CN-235 aircraft, in accordance with (IAW) the OEM's performance specifications. 4.Enable the Coast Guard to utilize the most up to date procedures, repair limits, tooling and ground support equipment available to inspect and maintain the CASA CN-235 aircraft. 5.Enable the Coast Guard to optimize the management of CASA CN-235 aircraft inventories, through maximum utilization of spare parts and repairable assets. D. QUALIFICATIONS: 1.A Security Background Check is required for the performance of this Field Service Representative requirement. A Security Clearance, secret or confidential, is not required. The results of the Security Background Check shall be provided to the Coast Guard at the government’s request. 2.Trained and experienced in all airframe, systems and components installed and utilized in the Coast Guard CASA CN-235 aircraft, except avionics. 3.Training/Education: 2 Years of college, Mechanical Engineering, Aeronautical Engineering, Aircraft Technology, or equivalent. 4.Able to interpret OEM drawings as required for Coast Guard personnel. Proprietary technical information furnished to the U.S. Coast Guard from contractor drawings shall only be used by the Coast Guard for repair, failure investigation, and/or overhaul of U.S. Coast Guard equipment. 5.Experience: a.An FAA licensed Airframe and Powerplant Mechanic. b.5 years of turbo-prop airframe and systems experience, preferably with commercial airlines or military. c.3 years of experience with the CASA CN-235-300; specifically the CG-01 series aircraft. d.The Coast Guard reserves the right to waive any of these quantifiers in lieu of other significant or special CASA CN-235 experience. Waivers for any of these quantifiers for this training and experience requirement may be granted with prior approval of the Contracting Officer on a case-by-case basis. 6.Communication skills: a.Able to speak English and Spanish fluently, communicate effectively and clearly in person, in writing, and via telephone regarding topics that are usually technical in nature. This requires communications with Coast Guard engineering, technical, and maintenance personnel at all levels, and with manufacturer's technical, engineering, product support and manufacturing personnel. b.Have at least a minimum of computer skills and knowledge of word processing and other computer programs as necessary for project documentation, correspondence, and reports. 7.Access to all CASA technical data related to the CN-235-300 CG-01 aircraft. E. ADMINISTRATIVE INFORMATION: 1.Become familiar with applicable Coast Guard directives and publications; CGTO Series Manuals, CN-235 airframe operational and depot level Maintenance Procedure Cards, and COMDTINST M13020.1 pertaining to operation and maintenance of the CASA CN-235 aircraft. 2.Prepare and submit monthly for the COTR’s signature and certification, two (2) copies of the Field Service Representative's, "Monthly Activity Report" and "Certificate of Service." a. "Monthly Activity Report" - This report can be prepared in the contractor’s style and format, but shall include the following: the Contractor’s name; representative’s name, the applicable contract number; specific information on instances of technical assistance provided to Coast Guard units, and the completion or status of other technical projects, reports, studies or investigations. b. "Certificate of Service" - This can be prepared in the contractor’s style and format, but shall include the following: the Contractor’s name; representative’s name; the applicable contract number; type of aircraft; dates of service; non-service days broken down by vacation days, sick days, and non-work days; service days broken down by holidays, local days worked, and travel; total days for the period; and location duty performed. F. TRAVEL: 1. Necessity for travel will be determined by the Contracting Officer in conjunction with the Contracting Officer's Technical Representative (COTR). •The Contracting Officer or COTR may direct, as appropriate, that the Field Service Representative utilize U.S. Coast Guard aircraft for travel. •Commercial Air travel and all other transportation as authorized by the Coast Guard will be reimbursed in accordance with the Joint Travel Regulations (JTR) and subject to the terms set forth in the contract. 2. Travel may include but is not limited to the following Coast Guard sponsored activities: •On-the-Job Training. •Technical Presentations. •Maintenance Management Reviews. •Technical Agenda Meetings. •Logistics Management Reviews. •CN-235 Standardization Conferences. G. TERMS AND CONDITIONS: 1.Removal & Replacement of Personnel: a. The contractor shall have the right to remove or replace personnel assigned and to substitute other qualified personnel in lieu thereof, provided that written notice of such actions is provided to the Contracting Officer, a minimum of thirty days prior to the effective date. b. The Government shall have the right to request removal or replacement of contractor personnel, provided that the Contracting Officer has given written notice to the contractor, a minimum of thirty days prior to the effective date. c. The contractor shall be permitted a break in services rendered for a period not to exceed 60 days, whether the requirement for removal or replacement of personnel is at the request of the Government or the contractor. d. When replacements, transfers, and reassignments of contractor personnel are made for the convenience of the contractor, all costs incurred by the contractor for such relocation or replacement will be at contractor’s expense. Replacements, transfers, and reassignments of contractor personnel are deemed to be at the convenience of the contractor when: •It becomes necessary to replace any contractor personnel for misconduct or unsatisfactory performance. Determination of misconduct shall be at the sole discretion and judgment of the Contracting Officer. •Replacement of contractor personnel is required because of voluntary or involuntary termination of employment with the contractor. •Contractor personnel are incapacitated due to injury or illness for a period in excess of 60 days, or the death of contractor personnel. •Replacement or transfer of contractor personnel is initiated at the request of the contractor. •Replacement or transfer of contractor personnel is required due to termination of the contract for default. e. When replacements, transfers, and reassignments of contractor personnel are made for the convenience of the government, all costs incurred by the contractor for such relocation or replacement will be at government’s expense. Replacements, transfers, and reassignments of contractor personnel are deemed to be at the convenience of the government when: •Replacement or transfer of contractor personnel is required because of completion of services under this statement or because the contract is terminated for the convenience of the government. •Replacement or transfer of contractor personnel is initiated at the request of the government for reasons other than misconduct, unsatisfactory performance, termination of employment, injury or illness for a period in excess of 60 days, death of contractor personnel, or termination of the contract for default. •Temporary relocations (travel of less than 21 days) from Mobile, Alabama directed by the Contracting Officer's Technical Representative shall be for the convenience of the government and shall not be considered a transfer or reassignment. H. INSPECTION & ACCEPTANCE Inspection and acceptance of services performed under this contract shall be accomplished by the Contracting Officer’s Technical Representative (COTR) at the Aviation Logistics Center, Elizabeth City, North Carolina. I. MATERIAL FURNISHED Material furnished by the contractor in the performance of services shall include the Field Service Representative’s Monthly Activity Report and Monthly Certificate of Service. J. PERIOD OF PERFORMANCE The term of this contract shall be from date of award through 365 days, with four (1) one-year options renewable on an annual basis. K. PLACE OF PERFORMANCE The place of performance under this contract shall be USCG, Aviation Logistics Center, Elizabeth City, NC. L. DELIVERY SCHEDULE Two copies of the Monthly Activity Report and Monthly Certificate of Service (Reference Schedule) shall be delivered to the address specified in Addendum 1, Paragraph M, no later than 10 calendar days following the month of performance. M. F.O.B. POINT Reports and certificates of service shall be shipped FOB destination to the following address: Contracting Officer MRS Product Line Division USCG Aviation Logistics Center Elizabeth City, NC 27909-5001 N. CONTRACT ADMINISTRATION DATA 1. ADDRESS OF CORRESPONDENCE All Correspondence, except as otherwise specified, shall be directed to the following address: Contracting Officer MRS Product Line Division USCG Aviation Logistics Center Elizabeth City, NC 27909-5001 2. INVOICING INSTRUCTIONS The original of the contractor’s invoice shall be submitted to the designated billing office for payment as follows: Attn: Fiscal Branch Bldg. 63 USCG Aviation Logistics Center Elizabeth City, NC 27909-5001 MARK FOR: [enter contract number when assigned]___________ O. SPECIAL CONTRACT REQUIREMENTS 1. INSURANCE REQUIREMENTS In accordance with the clause in Addendum 2, entitled, “Insurance – Work on a Government Installation” (FAR 52.228-5, Jan 1997), the contractor shall be required to procure and maintain, during the entire period of performance under this contract, the following minimum insurance, and shall furnish a certificate thereof to the Contracting Officer prior to award of contract. The certificate(s) must contain an expiration date and endorsement stating that, “Any cancellation or material change in the coverage adversely affecting the Government’s interest shall not be effective unless the insurer or the contractor gives advance written notice of cancellation or change to the Contracting Officer. Vehicle Registration and Insurance, automobile liability insurance written on the comprehensive form of policy. The policy will provide for bodily injury of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. Comprehensive general liability insurance to insure against bodily injury in the minimum amount of $500,000 per occurrence. Full insurance coverage in accordance with the State of North Carolina Workman’s Compensation law. 2. SUPERVISION OF CONTRACTOR EMPLOYEES a. The Contractor personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed herein. The Contractor shall select, supervise, and exercise control and direction over its employees under this contract. The Contractor shall not supervise, direct, or control the activities of Government personnel or the employee of any other contractor, except any subcontractor employed by the Contractor on this contract/order. The Government shall not exercise any supervision or control over the Contractor employees in the performance of contractual services under this contract. The Contractor is accountable to the Government for the actions of its personnel. b. In performance of this contract, the Contractor's management responsibilities include, but are not limited to, the following: i. Ensure employees understand the work to be performed on orders to which they are assigned. ii. Ensure employees know their management chain and adhere to company policies and exhibit professional conduct to perform in the best interest of the Government. iii. Ensure employees adhere to applicable law and regulation governing contractor performance and relationships with the Government. iv. Ensure contract employees do not create actual or apparent personal service relationships. v. Regularly assess employee performance and provide feedback to improve overall task performance. vi. Ensure high quality results are achieved through task performance. 3. PERSONNEL ACCESS During the life of this contract, the Contractor's personnel shall have access to Government facilities as required. During all operations on Government premises, the Contractor's personnel shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility. The Government reserves the right to require contractor personnel to "sign in" upon entry and "sign out" upon departure from the Government facilities. Certain Government agencies may have security requirements, which necessitate the use of building access passes. No direct charges to any order or order issued under a contract may be made for personnel or facility security clearances. 4. CONDUCT OF CONTRACTOR PERSONNEL The Contracting Officer may direct that employees of the Contractor, including employees of a subcontractor at any tier, no longer perform work under this order/contract on a military installation if the Contracting Officer determines that the employees' actions would be grounds for removal from the Federal civil service if the employees were civilian employees of the United States or if the employees have been ordered not to re enter the installation by the Commander of that installation. Any delays in or increased costs of performance resulting from the Contracting Officer's direction under this clause shall not be considered to be excusable delay or beyond the control and without the fault or negligence of the Contractor, and shall not be grounds for an equitable adjustment. 5. CONTRACT HOLIDAYS The contractor shall establish a holiday schedule for personnel performing under this contract that directly coincides with the Government’s schedule. Holidays peculiar to the Government shall be considered as holidays for contractor personnel and are not billable. Contractor personnel will not perform work on Government holidays. Government holidays are: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, Christmas Day, and/or any other day designated by the President’s Proclamation. 6. WORK REQUIREMENTS FOR CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE The services of the Field Service Representative shall be at the fixed price rate contained in this schedule per working day. The normal workday will be eight (8) hours, Monday through Friday (40 hours per week). Overtime work, if required, will generally be for emergency purposes (determined by the Contracting Officer) and will be at no additional cost to the Government. Exclusive of necessary travel time, the Field Service Representative shall not be required to work more than forty-eight (48) hours per calendar week without the prior written approval of the contractor and the Contracting Officer. The Field Service Representative will be allowed to take up to thirty-one (31) non-service days per year, which are not billed to the government, for vacation, sick leave, or personal business, to be used by the Field Service Representative in accordance with the contractor’s current personnel policies. 7. PLANT SHUTDOWN Plant shutdowns are not billable by the contractor. Planned mandatory plant shutdown days will be determined in advance by the operating command where service is to be performed and could include the day after Thanksgiving and other days immediately preceding or following other holidays. Unplanned plant shutdown time (i.e. inclement weather, etc), not normally exceeding twenty (20) hours per employee per year, is not billable by the Contractor 8. GOVERNMENT INSTALLATION CLOSURE a. If necessary, the Government (Installation Commander or designee) may decide to close all or part of a Government installation in response to an unforeseen emergency or similar occurrence. Sample emergencies include, but are not limited to, adverse weather (e.g. snow, flood, etc.), an act of God (e.g. tornado, earthquake, etc.) or a base disaster (e.g. natural gas leak, fire, etc.). Contractor employees (FSR) are considered "non essential personnel" for purposes of any/all instructions relative to the emergency. b. The FSR shall be officially dismissed upon notification of closure in accordance with paragraph 4 below. The FSR shall promptly secure all government furnished property appropriately and evacuate in an expedient, but safe, manner. c. With regard to work under the contract, the Government shall retain the following rights: i. The Government may grant a time extension in each order delayed by the closure, equal to the time of the closure subject to availability of funds and period of performance limitations. ii. The Government may forego the work. The contractor will not be paid for work not performed. iii. The Government may reschedule the work at any time satisfactory to both parties. iv. The Government may, at its discretion, permit the FSR to perform work at home during the period of installation closure, if the work to be accomplished is within the scope of the contract. This work must be authorized by the COTR responsible for the effort. The FSR will notify by letter or e-mail, the cognizant Contracting Officer via the COTR, within 5 business days of return to work, the nature and scope of work completed. If approved, the contractor shall be permitted to bill the Government at the labor rates identified in the contract. d. Government Installation Closure Notification Procedures: i. After an official decision to close the installation has been made by the responsible Government representative, notification shall be recorded on the base’s official emergency phone number. ii. The contractor employee is directed to call the base’s official emergency telephone number for notification of installation closures and delays. Unless otherwise notified by the cognizant Contracting Officer, the contractor employee shall follow instructions for non essential personnel. iii. The contractor employee will not receive any other form of notification of installation closure from the Government. The contractor employee shall be responsible for making arrangements for any off site work, described in paragraph C.4 above. e. If the decision to close all or part of the installation is made during the duty day, and the Installation Commander's decision is transmitted through official notification channels, the contractor employee shall follow the instructions as given. Contractor employee shall notify the cognizant COTR or Contracting Officer and act in accordance with their instruction. f. Government installation closure due to non emergencies: The Installation Commander may elect to close all or part of the installation for non emergency reasons such as a time off award, base open house, etc. In the event of a non emergency installation closure, the cognizant Contracting Officer, COTR, and Program Manager shall choose a course of action within the following options: i. If there is a need for the service during installation closure and a Government employee will be present, contractor employee may continue on site work. The contractor shall bill the Government at the Man-day rate identified in the contract. ii. If there is a need for work during installation closure, but a Government employee will not be present or access will not be available, the contractor may work from his home, provided meaningful in scope work can be accomplished. The contractor FSR shall notify by letter or e-mail the nature and scope of the work completed to the Government Contracting Officer via the COTR, within 5 business days of returning on site. If approved, the contractor shall bill the Government at the Man-day rate specified in the contract. iii. If there is no need for the service during the scheduled installation closure, the contractor shall not work on or off site. The Government may grant a time extension in each contract/order delayed by the closure, equal to the amount of time of the closure subject to availability of funds and period of performance limitations. 9. CONTRACTOR IDENTIFICATION Contractor employee must identify himself/herself as a contractor during meetings, telephone conversations, in electronic messages, or correspondence related to this contract. Contractor occupied facilities (on Government installation) such as offices, separate rooms, or cubicles must be clearly identified with Contractor supplied signs, name plates or other identification, showing that these are work areas for Contractor personnel. 10. GOVERNMENT FURNISHED FACILITIES The Government will provide suitable office space, furniture, telephone and facsimile transmission service for the Field Service Representative at no cost to the contractor provided: •The Field Service Representative uses the telephone and facsimile long distance services for bona fide business only. •The office space and office furniture used by the Field Service Representative sustains only damages attributed to normal wear and tear. Should the office space and/or office furniture used by the Field Service Representative sustain damages in excess of normal wear and tear, the contractor shall reimburse the Government for the replacement costs of the office furniture and/or repair of the office space. The COTR will make the determination of damages annually and submit a report to the Contracting Officer, MRS Product Line Division Contract Section, if and when such damages exceed normal wear and tear. 11. TRAVEL Necessity for travel will be determined by the Contracting Officer in conjunction with the COTR. The Contracting Officer or the COTR may direct the Field Service Representative to utilize U.S. Coast Guard aircraft for travel. All travel, lodging, meals, car rental and incidental expenses incurred by the contractor shall be reimbursed based on actual costs in accordance with FAR 31.205-46, Travel Costs. Copies of receipts for all expenses shall be submitted. 12. COAST GUARD REGULATIONS The Contractor and all his employees shall obey applicable Coast Guard regulations, including fire prevention. It shall be the responsibility of the contractor to familiarize all of his employees with Coast Guard regulations such as speed limits, parking regulations, etc., in force during the contract term. 13. EXERCISE OF OPTION As prescribed in FAR Clause 52.217-9, “Option to Extend the Term of the Contract,” the Coast Guard may (subject to FAR 52.232-18, “Availability of Funds”) exercise an option term identified in the Schedule. 14. WAGE DETERMINATION Wage determination No. 05-2543 (Rev 7) is applicable to this contract. Attachment B. 15. FIELD SERVICE REPRESENTATIVE PAYMENTS In accordance with FAR 52.232-25 entitled, “Prompt Payment,” valid invoices for Field Service Representative services will be paid thirty (30) days after receipt of Monthly Activity Report and Certificate of Service specified in contract schedule and invoice specified in paragraph N, 2. 16. QUALITY ASSURANCE SURVEILLANCE PLAN The Government hereby reserves the right to use a Quality Assurance Surveillance Plan (QASP) to evaluate contractor performance. Furthermore, the Government, at its discretion may periodically review and revise the QASP during the life of the contract. Changes to the QASP may be either unilateral or bilateral and will not entitle the contractor to any equitable adjustment or any other compensation. The Department of Homeland Security requires a Financial and Criminal Background Check to be performed by an independent party and submitted on company letterhead stationary to the Contracting Officer certifying that the background checks have been conducted and there are no negative financial situations or criminal offences in the employee’s background. Any adverse information acquired by the contractor on the employee must be reported immediately to the Contracting officer. The independent party shall seek employee history on a national basis, not locally. Any and all contractor employees assigned and/or associated with the contract shall have a background check and the results submitted to the contracting Officer. During the performance of this contract, all contractor employees are subject to the Department of Homeland Security’s new security regulations regarding contractor employee access to Coast Guard bases. Copies of the background checks Criminal and Financial will be held by the contractor in a secure location in case there is a need for future verification. The company’s letterhead stationary shall provide the required information. The following example is provided for your use: “In accordance with Department of Homeland Security’s new security regulations regarding contractor employee access to Coast Guard bases, (insert company name) has conducted a credit and criminal background investigation for (insert employee’s name). 1. Contract Number: 2. Contractor Employee’s Name: 3. Employee’s ID Number: 4. Employee’s Start Date 5. Contract End Date: 6. Background Check Completion Date: 7. Division the employee works for: 8. Position Title:” Attachment A: Coast Guard Information Technology Contractor User Agreement Attachment B: Wage Determination Attachment C: Non-Disclosure Agreement (DHS form 11000.6) ADDENDUM 2 The following Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulations (HSAR), Provisions and Clauses apply: 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2008) is tailored to include the following FAR/HSAR clauses: FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.204-4Printed or Copied Double-Sided on Recycled Paper (Aug 2000) 52.204-7 Central Contractor Registration (Apr 2008) 52.204-9Personal Identity Verification of Contractor Personnel. (Sept 2007) 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Oct 1997) Alternate IV (Oct 1997) (a)Submission of Cost or pricing data is not required. (b)Provide information on the prices at which same or similar services have been required in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. 52.217-5 Evaluation of Options (July 1990) 52.217-9Option to Extend the Term of the Contract (Mar 2000) (a) within the 30 day period prior to the contract or option period expiration. (b) 30 days before the contract expires (c) 5 years 52.227-14 Rights in Data-General (Dec 2007) 52.228-5 Insurance—Work on a Government Installation (Jan 1997) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.246-4 Inspection of Services – Fixed Price (Aug 1996) 52.246-16 Responsibility for Supplies (1984) (Applies to Reports) 52.246-11Higher-Level Contract Quality Requirement (Feb 1999) The contractor shall provide and maintain a quality system equal to ISO 9001, ISO 9002, ANSI/ASQC, Q9001, Q9002 or a higher-level system acceptable to the Government. The contractor shall state the quality system to be used in performance of this contract. 52.247-34 F.o.b. Destination (Nov 1991) 52.252-2Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available. The full text of the clause may be accessed electronically at this Internet address http://www.arnet.gov/far/ (End of Clause) HOMELAND SECURITY ACQUISITION REGULATION (48CFR CHAPTER 30) CLAUSES (can be accessed electronically at http://www.dhs.gov/xopnbiz/regulations/ 3052.222-90 Local Hire (USCG) (Jun 2006) 3052.242-71 Dissemination of Contract Information (Dec 2003) 3052.223-90 Accident and Fire Reporting (Dec 2003) 3052.228-70 Insurance (Dec 2003) 3052.242-72 Contracting Officer’s Technical Representative (Dec 2003) 3052.204-70 Security requirements for unclassified information technology resources (Jun 2006) (a) The Contractor shall be responsible for Information Technology (IT) security for all systems connected to a DHS network or operated by the Contractor for DHS, regardless of location. This clause applies to all or any part of the contract that includes information technology resources or services for which the Contractor must have physical or electronic access to sensitive information contained in DHS unclassified systems that directly support the agency’s mission. (b) The Contractor shall provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. (1) Within thirty (30) days after contract award, the contractor shall submit for approval an IT Security Plan, which shall be consistent with and further detail the approach contained in the offeror's proposal. The plan, as approved by the Contracting Officer, shall be incorporated into the contract as a compliance document. (2) The Contractor’s IT Security Plan shall comply with Federal laws that include, but are not limited to, the Computer Security Act of 1987 (40 U.S.C. 1441 et seq.); the Government Information Security Reform Act of 2000; and the Federal Information Security Management Act of 2002; and with Federal policies and procedures that include, but are not limited to, OMB Circular A-130. (3) The security plan shall specifically include instructions regarding handling and protecting sensitive information at the Contractor’s site (including any information stored, processed, or transmitted using the Contractor’s computer systems), and the secure management, operation, maintenance, programming, and system administration of computer systems, networks, and telecommunications systems. (c) Examples of tasks that require security provisions include— (1) Acquisition, transmission or analysis of data owned by DHS with significant replacement cost should the contractor’s copy be corrupted; and (2) Access to DHS networks or computers at a level beyond that granted the general public (e.g., such as bypassing a firewall). (d) At the expiration of the contract, the contractor shall return all sensitive DHS information and IT resources provided to the contractor during the contract, and certify that all non-public DHS information has been purged from any contractor-owned system. Components shall conduct reviews to ensure that the security requirements in the contract are implemented and enforced. (e) Within 6 months after contract award, the contractor shall submit written proof of IT Security accreditation to DHS for approval by the DHS Contracting Officer. Accreditation will proceed according to the criteria of the DHS Sensitive System Policy Publication, 4300A (Version 2.1, July 26, 2004) or any replacement publication, which the Contracting Officer will provide upon request. This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document. The contractor shall comply with the approved accreditation documentation. (End of clause) 3052.204-71 Contractor Employee Access (Jun 2006) (a) Sensitive Information, as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information. (1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee). (2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee). (3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. (b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites. (c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures. (d) The Contracting Officer may require the contractor to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns. (e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance. (f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. (End of clause) HSAR 3052.209–70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 2006). (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic Corporation as defined in this clause or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting ‘more than 50 percent’ for ‘at least 80 percent’ each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 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. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (1) The entity completes 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— In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 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 after the date of enactment of this Act and which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purpose 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; (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 3009.104-70 through 3009.104-73; __it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, 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 (HSAR) 48 CFR 3009-.104-70 through 3009.104-73, but plans to submit a request for waiver pursuant to 3009.104-74. (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. (End of Provision) In conjunction with FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989), under FAR 52.212-5 Contract Terms and Conditions to implement Statutes or Executive Orders – Commercial Items (Feb 2008), the following information is provided and identifies the clauses of service employees to be employed under the contract and states wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U. S. C. 5341 or 5332. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Jan 2009) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 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 shall check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 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) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a). ___ (4) 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). ___ (5) [Reserved] ___ (6) (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. ___ (7) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. _X_ (8) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). ___ (9) (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. ___ (10) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)). ___ (11) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)). ___ (12) (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. ___ (13) 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). ___ (14) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). _X_ (16) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)). The following paragraph of this clause may require completion: (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed: The Contractor represents that it __ is, __ is not a small business concern under NAICS Code __________________ assigned to contract number ______________________. [Contractor to sign and date and insert authorized signer’s name and title]. _X_ (17) 52.222-3, Convict Labor (June 2003)(E.O. 11755). _X_ (18) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). _X_ (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (20) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). _X_ (21) 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_ (22) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793). _X_ (23) 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). _X_ (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). _X_ (25) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). ___ (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.) ___ (ii) Alternate I (Aug 2007) of 52.222-50. ___ (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)). ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). ___ (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. ___ (30) 52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d). ___ (31) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (32) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (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 (May 1999)(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.] _X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.). _X_ (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.). This clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class: (1) Aerospace Engineering Technical Representative (GS-11-5) $30.63 hourly rate Benefits Required: Health & Welfare, as outlined in individual wage determination per location of performance, - (Req. 29 CFR 4.173) Holidays: - A minimum of ten paid holidays per year. Wage Determination Number 2005-2543 (Rev. 7), dated 5/29/2008 is applicable to this solicitation and the appropriate wage determination will apply to any contract awarded as a result of this solicitation. (End of Clause) _X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(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 (Feb 2002)(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 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1)(i) through (xi) of this paragraph 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) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). (iv) 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). (v) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (vi) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) (viii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C.7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (ix) 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.) (x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-54, Employment Eligibility Verification (Jan 2009) (xii) 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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”. PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) HSAR 3052.209–70 As prescribed at (HSAR) 48 CFR 3009.104–75, insert the following clause: Prohibition on Contracts With Corporate Expatriates (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting ‘more than 50 percent’ for ‘at least 80 percent’ each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (1) The entity completes 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; (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 3009.104–70 through 3009.104–73; _it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104–70 through 3009.104–73, but it has submitted a request for waiver pursuant to 3009.104–74, 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 3009.104–70 through 3009.104–73, but it plans to submit a request for waiver pursuant to 3009.104–74. (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. (End of provision) 52.211-15, Defense Priorities and Allocations System Rating: DO-A1 (Apr 2008); Closing date and time for receipt of offers is 19 Mar 2009, 4:00 pm, Local Time. PRICES MUST REMAIN EFFECTIVE FOR 90 DAYS AFTER CLOSING OF SOLICITATION. Facsimile offers are acceptable and may be forwarded to 252-334-5427, Attention: Linda D. Clark. Electronic submissions may be sent to linda.d.clark@uscg.mil. Offers may be submitted on company letterhead stationery indicating the company capability, price and extended price, FOB point must be specified; payment terms and any discount offered for prompt payment, the business size standard and any minority classification. All offerors submitting a quote shall have a valid Vendor Cage Code, Dun & Bradstreet Number (DUNS) or the ability to get one, and MUST be actively registered in the Central Contractor Registration (CCR) throughout the award of the contract. Parties interested in viewing the Justification for Full and Open Competition for this requirement may visit http://www.uscg.mil/hq/arsc/hc144.asp to view this document. The justification was properly approved by Wade Johnson, Contracting Officer; John Sugimoto, Technical Representative; David Burgess, Chief of the Contracting Office; and Keith O’Neill, Assistant Competition Advocate (CG-9131) in accordance with FAR, HSAR, HSAM, & CGAP requirements. "ENCLOSURE: Enclosure (1) to COMDTINST 4200.14, Notice for Filing Agency Protests, is included with this solicitation. Enclosure (1) to COMDTINST 4200.14 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 General Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695.
 

Web Link

FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=e185e7ed07cc33b4976d79af32fc89fd&tab=core&_cview=1)
 

Record

SN01771300-W 20090319/090317220756-e185e7ed07cc33b4976d79af32fc89fd (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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