Loren Data's SAM Daily™

FBO DAILY ISSUE OF DECEMBER 17, 2009 FBO #2945
SOLICITATION NOTICE

84 -- USCG Military Insignia - Combined Synopsis/Solicitation

Notice Date

12/15/2009
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

332999 — All Other Miscellaneous Fabricated Metal Product Manufacturing
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), Commandant (CG-912), U.S. Coast Guard Headquarters, U.S. Coast Guard Headquarters (CG-912), 1900 Half Street, SW, Washington, District of Columbia, 20593-0001
 

ZIP Code

20593-0001
 

Solicitation Number

HSCG23-10-Q-PUD607
 

Archive Date

1/28/2010
 

Point of Contact

James J. Dawson, Phone: 202-475-3215, Wendy M Stevenson,
 

E-Mail Address

jim.dawson@uscg.mil, wendy.stevenson@uscg.mil
(jim.dawson@uscg.mil, wendy.stevenson@uscg.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

Attachment 7 – USCG Uniform Certification Program Bylaws for Insignia and Related Accessories dated December 8, 2009 Attachment 5 – Delivery Order # 1 Metal Insignia Offer for Schedule of Supplies/Services and Prices to Delivery Order# 1. Attachment 4 – Insignia Product Demonstration Model (PDM) Items Attachment 2A – Schedule of Supplies and Prices for Metal CLIN Items 00001 - 00156. Atch 1A and 1B Listing of Specifications The Department of Homeland Security (DHS), United States Coast Guard (CG), HQ Office Coast Guard Uniforms Division CG-1221 is the sponsor for this effort. The Coast Guard seeks qualified vendor(s) to supply CG military insignia items. (i) This combined synopsis/solicitation HSCG23-10-Q-PUD607 is in accordance with the format in subpart FAR 12.6 for supplies that are non-developmental items (NDI) developed exclusively for governmental purposes. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. Any solicitation amendments and answers to questions will be provided through the FEDERAL BUSINESS OPPORTUNITIES (FBO) website https://www.fbo.gov. (ii) The USCG Office of Contract Operations CG-9121 intends to award a fixed price Indefinite Delivery Indefinite Quantity (IDIQ) type contract(s) for a fixed price contract with a base contract period of 12 months with four (4) option periods of 12 months each. The quantities that are identified herein in Attachments 2A and 3A are ESTIMATES ONLY and are in no way purchased or guaranteed under the resulting contract. The Government will issue separate delivery orders for insignia purchases against the basic IDIQ contract(s). (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-37 dated October 14, 2009. (iv) This procurement is a total small business set-aside competition. Applicable North American Industry Classification System (NAICS) codes are: 313221 - Narrow Fabric Mills; 313222 - Schiffli Machine Embroidery; 313249 - Other Knit Fabric and Lace Mills; 314999 - All Other Misc. Textile Prod; 332116 - Metal Stamping and 332999 - All Other Miscellaneous Fabricated Metal Product Manufacturing. (v) Description of Requirements: Schedule of Supplies/Services and Prices The requirement of this solicitation is for military insignia items per the applicable item specifications. Under this solicitation are found in the Schedule of Supplies/Services and Prices in Attachment 2A for Metal Insignia and Attachment 3A for Embroidery Insignia. The Offeror shall provide the terms of the offered commercial warranty for insignia items. If an Offeror is in need of these specifications a request should be emailed to jim.dawson@uscg.mil. The insignia specifications are available in two (2) 2.0 zip files as shown in the summary of metal and embroidery specification documents of Attachments 1A and 1B. Specification documents will be emailed to Offerors upon request. Note that contract line item number (CLIN) item 00096 for Hat Device Officer ST/Band does not currently have a specification but is included in this solicitation as an optional item. The Government will take offers on item 00096 if an Offeror has previously provided to the Coast Guard. Each offer may quote on either one or both of the two attachments, Attachment 2A for Metal Insignia and Attachment 3A for Embroidery/Fabrication Insignia, under the Schedule of Supplies/Services and Prices. The Government will consider making an award as either a single award or multiple awards as determined to be in the best interest of the Government. Attached to this RFQ is an Excel document that is entitled, "Attachments 2A- 3B". Within this document are four attachments under the worksheet tabs at the bottom of the spreadsheet. The purpose of attachments 2B and 3B are to establish the pricing of options 1-4 based on price escalation factors and this will be explained under clause FAR 52.212-2 Evaluation - Commercial Items (Jan 1999). The delivery orders against the IDIQ contract(s) will be placed by the CG Uniform Distribution Center (UDC) Procurement Office in Woodbine, NJ for orders of $50,000 or less following the first delivery order placed by the HQ USCG Contracting Office. (vi) Questions regarding the solicitation and quotations shall be e-mailed to jim.dawson@uscg.mil. The cutoff date for questions is January 06, 2010 at 5:00 p.m. EST. No phone calls will be accepted. (vii) Quotations are due no later than January 13, 2010 at 5:00 p.m. EST. Offerors shall submit quotations electronically to jim.dawson@uscg.mil. TERMS AND CONDITIONS OF SOLICITATION FAR 52.212-1 Instructions to Offerors - Commercial Items (June 2008) is incorporated into this solicitation. Offerors may obtain the full text version of this provision electronically at http://www.arnet.gov/far. FAR 52.212-2 Evaluation - Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible Offeror(s) whose offer conforming to the solicitation that is the most advantageous to the Government based on price and other evaluation factors (technical capability and past performance). ADDITIONAL INSTRUCTIONS TO OFFERORS FOR EVALUATION: Technical Capability: The Coast Guard will evaluate the overall quality, reasonableness and soundness of the contractor's technical capability as it relates to understanding and satisfying the Government's requirement. Therefore, Contractors shall present their offered technical capability that at a minimum addresses shall include: (1) Product Demonstration Model (PDM) insignia samples and (2) the offered schedule for delivery of insignia items for the first delivery order (DO#1) under solicitation Attachments 5 (Metal) and 6 (Embroidery). (1) Offerors must submit two (2) samples of each item per Attachment 4 of the solicitation; for insignia with a distinct left and right design two (2) left designs, and two (2) right designs must be provided; items in pairs, such as shoulder boards, two (2) pairs must be provided for examination and evaluation. The PDM will be evaluated to insure the Offeror has the technical capability and skill necessary to produce insignia to military specifications. The PDM sample insignia are to be sent to the Coast Guard (CG) Clothing Design Technical Office (CDTO) for evaluation as follows. Coast Guard Clothing Design Technical Office (CDTO) 15 Kansas St, B-86 Attn: Laura Joubert Natick, MA 01760 PDM samples are requested to be sent as soon as possible but not later than the closing date of this solicitation. Early delivery will allow the CDTO office more time to efficiently evaluate PDM sample items. Offerors shall indicate on Attachment 4 which items are currently certified, a make decision but not certified yet or a buy decision but not certified yet. Offerors shall submit certifications documentation for items certified by other authorized governmental groups such as The Institute of Heraldry (TIOH). CDTO maintains a listing of CG insignia that are certified by them and will verify certification as shown on Attachment 4 of offer. PDM insignia will not be returned to Offerors. However, one set of insignia PDM samples will be returned to the winning Offeror as the approved certified standard for manufacturing if the submitted item was not previously certified by CDTO or other agencies. CDTO will keep the other approved samples for the length of the contract as the approved standard for production under the contract. (2) An evaluation will be done for the delivery schedules offered for solicitation Attachments 5 (metal) and 6 (embroidery) related to the first delivery order under the contract. The Offerors shall offer a delivery schedule for each item under either or both solicitation Attachments 5 and 6. The offered delivery schedules for DO# 1 includes the requirement for 1st article inspection and approval by CDTO insignia items at the Contractor's facility not later than 30 days after award. The Offeror shall insert the prices of items into the Excel Attachments 5 (metal) and 6 (embroidery) worksheets for DO# 1 as offered from the contract pricing under Attachments 2A and 3A, the Schedule of Supplies/Services and Prices. Relevant Past Performance: The Coast Guard will evaluate the relevant past performance on projects of comparable scope and complexity. Therefore, Contractors shall provide recent past performance information for supply of insignia items. Three (3) references shall be provided with the following contact information: • Contract/Order Number • Project Period of Performance (i.e., start and end dates) • Name of federal agency for which the project was performed • Name of Customer Organization and Point of Contact (name, title, address, telephone number, and email address) • Description of the insignia purchase, including estimated dollar value and duration of service • Brief narrative of why your firm believes this reference is relevant to the proposed requirement The USCG reserves the right to utilize past performance information other than the information submitted with the quotations received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies. Price: The price of all priced years from each Offeror will be evaluated for the price comparisons between Offerors as well as any special pricing features and administrative costs of the government. The Offerors shall complete Attachments 2A and 3A, the Schedule of Supplies/Services and Prices for every line item in either or both solicitation Attachments 2A and 3A, Metal and Embroidery Insignia Items. Contract line item number (CLIN) item 00096 for Hat Device Officer ST/Band does not currently have a specification and will not be used in the price analysis in order to keep all Offerors equal. The Offerors shall complete the escalation factors for option years in Attachments 2B and 3B, Option Pricing Escalation Factors. Attachments 2B and 3B are formulated to calculate the total offered pricing for each option year and the total offered value less CLIN item 00096. Evaluation of options will not obligate the Government to exercise the option(s). Technical Capability is of equal importance to relevant past performance. When combined, technical capability and relevant past performance are more important than price; however as offers become more technically equal, price could become a determining factor. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. (c) Written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless written notice of withdrawal is received before award. (End of Provision) FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (FEB 2009). An Offeror shall complete only paragraph (b) 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 (c) through (m) of this provision. FAR 52.212-4 Contract Terms and Conditions - Commercial Items (OCT 2008) applies to this acquisition. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders - Commercial Items (FEB 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: _X_ (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) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (4) [Reserved] _X_ (5)(i) 52.219-6, Notice of Total Small Business Set-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. __ (6)(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. __ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __ (8)(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. __ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (10) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (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. __ (12) 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). __ (13) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (15) 52.219-28, Post Award Small Business Program Representation (June 2007) (15 U.S.C. 632(a)(2)). _X_ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (17) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). _X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). _X_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). __ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). _X_ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). __ (ii) Alternate I (Aug 2007) of 52.222-50. __ (25)(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)). __ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (27)(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_ (28) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C. 10a-10d). __ (29)(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, 109-53 and 109-169). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (31) 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). __ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (34) 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)). __ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (36) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (37) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). __ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (40)(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: __ (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) (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 (Aug 2007) (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 (i) through (vii) 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) 52.219-8, 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. (ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (vii) 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. (viii) 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.). (ix) 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.). (x) 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) FAR 52.216-18 ORDERING. (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award through expiration of each term option, if exercised. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. Note: Ordering Activity: U.S. Coast Guard Headquarters, Washington, DC. FAR 52.216-19 ORDER LIMITATIONS. (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor: (1) Any order for a single item in excess of $30,000; (2) Any order for a combination of items in excess of the value of $30,000 (with the exception that the first delivery order under the contract as offered under the solicitation will not apply to the maximum order limit if exceeded); or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. FAR 52.216-22 INDEFINITE QUANTITY. (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule (Attachments 2A and 3A on last page) as the "minimum". (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 365 days after expiration of the contract. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 14 calendar days. (End of Clause) FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 5 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. HSAR 3052.209-70 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 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 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check One]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 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 quotation. (End of Clause) HSAR 3052.225-70 REQUIREMENT FOR USE OF CERTAIN DOMESTIC COMMODITIES (AUG 2009) (a) Definitions. As used in this clause-- (1) ``Commercial,'' as applied to an item described in subsection (b) of this clause, means an item of supply, whether an end product or component, that meets the definition of ``commercial item'' set forth in (FAR) 48 CFR 2.101. (2) ``Component'' means any item supplied to the Government as part of an end product or of another component. (3) ``End product'' means supplies delivered under a line item of this contract. (4) ``Non-commercial,'' as applied to an item described in subsections (b) or (c) of this clause, means an item of supply, whether an end product or component, that does not meet the definition of ``commercial item'' set forth in (FAR) 48 CFR 2.101. (5) ``Qualifying country'' means a country with a memorandum of understanding or international agreement with the United States under which DHS procurement is covered. (6) ``United States'' includes the possessions of the United States. (b) The Contractor shall deliver under this contract only such of the following commercial or non-commercial items, either as end products or components, that have been grown, reprocessed, reused, or produced in the United States: (1) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof; or (2) Tents, tarpaulins, covers, textile belts, bags, protective equipment (such as body armor), sleep systems, load carrying equipment (such as fieldpacks), textile marine equipment, parachutes or bandages. (c) The Contractor shall deliver under this contract only such of the following non-commercial items, either as end products or components, that have been grown, reprocessed, reused, or produced in the United States: (1) Cotton and other natural fiber products. (2) Woven silk or woven silk blends. (3) Spun silk yarn for cartridge cloth. (4) Synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics). (5) Canvas products. (6) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles). (7) Any item of individual equipment manufactured from or containing any of the fibers, yarns, fabrics, or materials listed in this paragraph (c). (d) This clause does not apply-- (1) To items listed in (FAR) 48 CFR 25.104, or other items for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at United States market prices; (2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the estimated value of the cotton, other natural fibers, or wool is not more than 10 percent of the total price of the end product; or (3) To items that are eligible products per (FAR) 48 CFR Subpart 25.4. (End of clause.) HSAR 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003) (a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. (b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. (End of clause) MARKING OF SHIPMENTS (COMMERCIALLY PACKAGED ITEMS) (i) Bar coding is required. (ii) All unit and exterior containers/packs shall, as a minimum, be marked as follows: 1. National stock number (NSN) when available. 2. Noun nomenclature cited on contract or order. 3. Quantity and unit of issue. 4. Contract and order number. 5. From: (Fill out) 6. To: 414 Madison Ave. CG UNIFORM DIST CTR WOODBINE, NJ 08270 (iii) Markings may be applied by any means which provide legibility. DELIVERY TERMS a. Delivery of items ordered will be made within 60 days of issuance of each delivery order unless a later date is mutually agreed to by the parties and incorporated into the delivery order. This 60 day schedule requirement does not apply to the first delivery order (DO# 1) that will be based on the offer under this solicitation per Attachments 5 and 6. b. The Contractor shall deliver no less than 50 percent of each delivery order during shipment unless coordinated and authorized in writing by the issuing order Contracting Officer at UDC. INSPECTION AND ACCEPTANCE TERMS a. First Article supplies will be inspected/approved by authorized CG Clothing Design Technical Office (CDTO) personnel at place of origin. The POC is Laura Joubert, QAE. CDTO may waiver first article inspection when determined that items have previously received certification of approval by government agencies. b. Supplies will be inspected/accepted at destination, CG Uniform Distribution Center (UDC), 414 Madison Ave., Woodbine, NJ 08270. The POC is CWO Jose Samaniego, COTR. THE USCG CERTIFICATION PROGRAM The procedures for the US Coast Guard Uniform Certification Program Bylaws for Insignia and Related Accessories dated December 8, 2009, Attachment (7), shall apply under the requirements of the contract. 52.209-4 FIRST ARTICLE APPROVAL-GOVERNMENT TESTING. FIRST ARTICLE APPROVAL-GOVERNMENT TESTING (SEPT 1989) (a) The Contractor shall deliver the unit(s) determined by the CDTO POC as requiring first article approval for items under delivery order 1 (DO# 1) within 30 calendar days from the award date of this contract or later date as agreed to by CDTO POC. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract. (b) Within 30 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval. (c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests. (d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. (e) Unless otherwise provided in the contract, the Contractor- (1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and (2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense. (f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay. (g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test. (h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. (i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver. (End of clause) POST AWARD CONFERENCE (PAC) (KICKOFF MEETING) A post award conference will be held at the Contractor's facility following award of the contract. The Contractor will host the meeting within 30 days of award of contract. The purpose of the conference is to ensure mutual understanding of the contract requirements and procedures. To this end, discussions at the conference will focus upon project orientation, schedule, clarification of information, contract requirements, review and analysis of specifications, quality assurance, inspection and acceptance of the first article items and production items, identification of points of contracts and a review of roles and responsibilities of the personnel involved with the post award administration of the contract. The overarching goal of the conference is to establish effective communication amongst the parties for delivery of acceptable insignia as scheduled under the terms of the contract to satisfy the mission of the U.S. Coast Guard. NOTICE FOR FILING AGENCY PROTESTS United States Coast Guard Ombudsman Program. It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the 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. (End of Clause) (xxi) There are no additional contract requirements or terms and conditions for this solicitation. (xxii) The Defense Priorities and Allocations System (DPAS) is not applicable for this solicitation. (xxiii) There are no numbered notes for this solicitation. LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Attachment 1A - Listing of Military Specifications for Metal Insignia. Specifications are attached to the contract by reference. Attachment 1B - Listing of Military Specifications for Embroidery/Fabrication Insignia. Specifications are attached to the contract by reference. Attachment 2A - Schedule of Supplies and Prices for Metal CLIN Items 00001 - 00156. Attachment 2B -Price Escalation Factors for Options (Metal Item Pricing). Attachment 3A - Schedule of Supplies and Prices for Embroidery/Fabrication CLIN Items 00160 - 00580. Attachment 3B - Price Escalation Factors for Options (Embroidery Item Pricing). Attachment 4 - Insignia Product Demonstration Model (PDM) Items Attachment 5 - Delivery Order # 1 Metal Insignia Offer for Schedule of Supplies/Services and Prices to Delivery Order# 1. Attachment 6 - Delivery Order # 1 Embroidery Insignia Offer for Schedule of Supplies/Services and Prices to Delivery Order# 1. Attachment 7 - USCG Uniform Certification Program Bylaws for Insignia and Related Accessories dated December 8, 2009
 

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