PRESOL | L | Field Service Representative

FBO DAILY ISSUE OF DECEMBER 04, 2010 FBO #3297
SOLICITATION NOTICE

L -- Field Service Representative

Notice Date: 12/2/2010
Notice Type: Combined Synopsis/Solicitation
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: HSCG38-11-Q-011005
Archive Date: 1/4/2011
Point of Contact: Melissa A Deglau, Phone: 2523356143, Tonya W Bush, Phone: 252-335-6195
E-Mail Address: Melissa.A.Deglau@uscg.mil, tonya.w.bush@uscg.mil
(Melissa.A.Deglau@uscg.mil, tonya.w.bush@uscg.mil)
Small Business Set-Aside: N/A
Description: This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 as supplemented with additional information included in this notice. This Request for Quotation, HSCG38-11-Q-011005 incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-46. The North American Industry Classification System number is 541330. The small business size standard is $4.5M. The requirement will be awarded using simplified acquisition procedures In Accordance With (IAW) FAR Part 13.5. The award will be based on FAR 6.302-1. All responsible sources may submit a quotation which shall be considered by the agency. The USCG intends to award this requirement on a sole source basis to the authorized Original Equipment Manufacturer (OEM), General Electric (Aviation Division) 1 Neumann Way, Cincinnati, OH 45215-1915, or any source that can provide the services that meet the OEM's specifications. The contract will be awarded as a FIRM-FIXED-PRICE indefinite delivery requirements contract. The Coast Guard does not possess or have access to the OEM specification or drawings. The requirement consists of line items 1 through 6 and the coinciding option year line items for Field Service Representative services in support of the HC-144A aircraft for the U.S. Coast Guard: SUPPLIES OR SERVICES AND PRICES/COSTS Base Period - Effective Date of Contract Award and extending for one year UNIT ANNUAL CLIN SUPPLIES/SERVICES QTY UNIT PRICE AMOUNT 1 Field Service Representative (FSR) 12 MO Support in accordance with (IAW) Statement of Objectives (SOO) 2 Travel costs associated with 3 TRIPS Not Separately Priced CLIN 1. Approximately 3 trips annually reimbursable IAW FAR 31.205-46. 3 Monthly Activity Report Not Separately Priced IAW Paragraph 5.2 4 FSR Monthly Certificate of Services Not Separately Priced IAW Paragraph 5.2 5 Certificate of Insurance IAW Not Separately Priced Paragraph 10.5 Insurance Requirements. 6 Summary Subcontract Reports Not Separately Priced IAW FAR Part 52.219-9 and HSAR 3052.219-70. 7-10 RESERVED SUPPLIES OR SERVICES AND PRICES/COSTS First Option Period - Extending one year following the base period UNIT ANNUAL CLIN SUPPLIES/SERVICES QTY UNIT PRICE AMOUNT 11 Field Service Representative (FSR) 12 MO Support in accordance with (IAW) Statement of Objectives (SOO) 12 Travel costs associated with 3 TRIPS Not Separately Priced CLIN 1. Approximately 3 trips annually reimbursable IAW FAR 31.205-46. 13 Monthly Activity Report Not Separately Priced IAW Paragraph 5.2 14 FSR Monthly Certificate of Services Not Separately Priced IAW Paragraph 5.2 15 Certificate of Insurance IAW Not Separately Priced Paragraph 10.5 Insurance Requirements. 16 Summary Subcontract Reports Not Separately Priced IAW FAR Part 52.219-9 and HSAR 3052.219-70. 17-20 RESERVED SUPPLIES OR SERVICES AND PRICES/COSTS Second Option Period - Extending one year following the First Option Period UNIT ANNUAL CLIN SUPPLIES/SERVICES QTY UNIT PRICE AMOUNT 21 Field Service Representative (FSR) 12 MO Support in accordance with (IAW) Statement of Objectives (SOO) 22 Travel costs associated with 3 TRIPS Not Separately Priced CLIN 1. Approximately 3 trips annually reimbursable IAW FAR 31.205-46. 23 Monthly Activity Report Not Separately Priced IAW Paragraph 5.2 24 FSR Monthly Certificate of Services Not Separately Priced IAW Paragraph 5.2 25 Certificate of Insurance IAW Not Separately Priced Paragraph 10.5 Insurance Requirements. 26 Summary Subcontract Reports Not Separately Priced IAW FAR Part 52.219-9 and HSAR 3052.219-70. 27-30 RESERVED SUPPLIES OR SERVICES AND PRICES/COSTS Third Option Period - Extending one year following the Second Option Period UNIT ANNUAL CLIN SUPPLIES/SERVICES QTY UNIT PRICE AMOUNT 31 Field Service Representative (FSR) 12 MO Support in accordance with (IAW) Statement of Objectives (SOO) 32 Travel costs associated with 3 TRIPS Not Separately Priced CLIN 1. Approximately 3 trips annually reimbursable IAW FAR 31.205-46. 33 Monthly Activity Report Not Separately Priced IAW Paragraph 5.2 34 FSR Monthly Certificate of Services Not Separately Priced IAW Paragraph 5.2 35 Certificate of Insurance IAW Not Separately Priced Paragraph 10.5 Insurance Requirements. 36 Summary Subcontract Reports Not Separately Priced IAW FAR Part 52.219-9 and HSAR 3052.219-70. 37-40 RESERVED SUPPLIES OR SERVICES AND PRICES/COSTS Fourth Option Period - Extending one year from the Third Option Period UNIT ANNUAL CLIN SUPPLIES/SERVICES QTY UNIT PRICE AMOUNT 41 Field Service Representative (FSR) 12 MO Support in accordance with (IAW) Statement of Objectives (SOO) 42 Travel costs associated with 3 TRIPS Not Separately Priced CLIN 1. Approximately 3 trips annually reimbursable IAW FAR 31.205-46. 43 Monthly Activity Report Not Separately Priced IAW Paragraph 5.2 44 FSR Monthly Certificate of Services Not Separately Priced IAW Paragraph 5.2 45 Certificate of Insurance IAW Not Separately Priced Paragraph 10.5 Insurance Requirements. 46 Summary Subcontract Reports Not Separately Priced IAW FAR Part 52.219-9 and HSAR 3052.219-70. 47-50 RESERVED STATEMENT OF OBJECTIVE 1.0 GENERAL. This Performance Work Statement describes the field service representative services necessary to support the CT7 turboshaft engine and Propeller Gear Box assembly as used on the U.S. Coast Guard HC-144 aircraft. 2.0 SCOPE OF WORK. The contractor shall provide the services of a Field Service Representative trained and experienced in the CT7 turboshaft engine and Propeller Gear Box assembly. The representative will be permanently based at ALC, and as required, visit various Coast Guard HC-144 operating units, perform on the job training, assist in troubleshooting, assist with repairs, and evaluate damage. Presence at the work site during the regular working hours to interact with USCG military and civil service employees is an essential element of the service. 3.0 OBJECTIVES: 3.1 Enable the Coast Guard to resolve technical questions and problems associated with the operation and maintenance of CT7 turboshaft engine and Propeller Gear Box assembly. 3.2 Enable the Coast Guard to respond in a timely manner to safety of flight issues, ground safety issues, and catastrophic failures of the CT7 turboshaft engine and Propeller Gear Box assembly. 3.3 Enable the Coast Guard to efficiently operate the ALC CT7 turboshaft engine test cell facility, calibrate and correlate to the CT7 OEMs performance specifications (not required yet as test cell is being developed). 3.4 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 CT7 turboshaft engine and Propeller Gear Box assembly. 3.5 Enable the Coast Guard to optimize the management of CT7 turboshaft engine and Propeller Gear Box assembly inventories, through maximum utilization of spare parts and repairable assets. 4.0 QUALIFICATIONS: 4.1 A Security Background Check is required for the performance of this Field Service Representative requirement. A Security Clearance, secret or confidential, is not required. All employees provided by the contractor that have access to AMMIS/ALMIS or other Coast Guard systems are required to perform an initial financial and criminal background check for each proposed employee. The contractor must then certify on company letterhead that the background checks have been conducted and there are no negative financial situations or criminal offenses in that employee's background. Any adverse information acquired by the contractor on a proposed employee must be reported immediately to the Contracting Officer 4.2 Trained and experienced in CT7 engine and propeller system components, including the powerplant to airframe interface, installed and utilized on the Coast Guard HC-144 aircraft, except avionics. 4.3 Training/Education: 2 Years of college, with a major in any of the following subject areas: Mechanical Engineering, Aeronautical Engineering, Aircraft Technology, or equivalent. 4.4 Ability to interpret OEM drawings as required for Coast Guard personnel. Proprietary technical information furnished to the U.S. Coast Guard from the contractor drawings shall only be used by the Coast Guard for repair, failure investigation, and/or overhaul of U.S. Coast Guard equipment. 4.5 Experience: Must hold a current FAA Airframe and Powerplant Mechanic license. Five years of jet/turboshaft engine experience, preferably with airline or business jets. Three years of experience with the CT7 turboshaft engine and Propeller Gear Box assembly or equivalent HC-144 experience. The Coast Guard reserves the right to waive any of these qualifiers in lieu of other significant or special HC-144 experience. Waivers for any of these qualifiers for the training and experience requirement may be granted with prior approval of the Contracting Officer on a case by case basis. 4.6 Communication skills: Ablity to communicate effectively and clearly in person, in writing, and via telephone regarding topics, which 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. Have basic computer skills and a working knowledge of word processing and other computer applications as necessary for project documentation, correspondence, and reports. 5.0 ADMINISTRATIVE INFORMATION: 5.1 Prepare and submit monthly one copy of the Field Service Representative's, "Monthly Activity Report" and "Certificate of Service." "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. "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. 6.0 TERMS AND CONDITIONS: 6.1 Removal & Replacement of Personnel: 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. 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. 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. The period between the replacement of personnel is non-billable to the Coast Guard. 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. 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: 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 Elizabeth City, North Carolina, directed by the Contracting Officer's Technical Representative (COTR) shall be for the convenience of the government and shall not be considered a transfer or reassignment. 7.0 INSPECTION AND ACCEPTANCE 7.1 Inspection and Acceptance (F. O. B. Destination): Inspection and acceptance of services furnished hereunder shall be performed by the COTR at destination. 8.0 DELIVERIES OR PERFORMANCE 8.1 Period of Performance: The period of performance for this contract will be a one year base period from the effective date of award; with (4) one-year option periods to follow. The total duration of this contract shall not exceed five years, if all options are exercised. 8.2 Place of Performance - The place of performance for services under this contract shall be USCG, Aviation Logistics Center, MRS Product Line Division, DRS Hangar #2, 1060 Consolidated Road, Elizabeth City, North Carolina. 8.3 Delivery Schedule: Contract Line Items (CLIN's) 1 through 10 and corresponding option years CLIN's 11 through 50. CLIN 1* Field Service Representative - N/A CLIN 2* Travel associated with CLIN 1 CLIN 3* Monthly Activity Report - 1 copy delivered not later than 10 days following the last day of the month the services were rendered for CLIN 1 CLIN 4* FSR Monthly Certificate of Services- 1 copy delivered not later than 10 days following the last day of the month the services were rendered for CLIN 1 CLIN 5* Certificate of Insurance - 1 copy due within 30 days from the date of contract award then due annually on the anniversary of that date. CLIN 6* Summary Subcontracting Reports - Submit in accordance with FAR Part 52.219-9 and HSAR 3052.219-70 through the http://www.eSRS.gov system. CLIN 7-10* Reserved * Includes respective option contract line item numbers. 8.4 F.O.B. Point: Reports and certificates of service shall be shipped F.O.B. destination to the following address; or e-mailed to the Contract Administrator: Contracting Officer USCG Aviation Logistics Center MRS Product Line, Contract Section 1060 Consolidated Road Elizabeth City, NC 27909 9.0 CONTRACT ADMINISTRATION DATA 9.1 Address of Correspondence: Unless specified on individual delivery orders, all correspondence shall be directed to the Contracting Officer at the following address: Contracting Officer USCG Aviation Logistics Center MRS Product Line, Contract Section Elizabeth City, NC 27909-5001 9.2 Remittance Address: If contractor's remittance address is different from that shown in Block No. 17a. of page 1 (SF1449), enter such address below: ______________________ ______________________ ______________________ ______________________ 9.3 Government Representative: The Contracting Officer may, upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Technical Representative(s), Resident Inspector(s) and so on. Such individuals, if appointed, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment. In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price or delivery schedule of the contract. Only the Contracting Officer is authorized to alter the contract in any manner. 9.4 Invoicing Instructions: Invoices shall be submitted to the Aviation Logistics Center by any of the following methods to be considered "received by the designated billing office" as per Prompt Pay Act:  E-mail ALC-fiscal@uscg.mil U.S. mail Chief, Fiscal Branch Bldg. 63 USCG, Aviation Logistics Center Elizabeth City, NC 27909-5001 Fax 252-334-5465 * Preferred An invoice is not considered "received by the designated billing office" until Fiscal receives it properly, via, email to ALC-fiscal@uscg.mil (FISCAL BOX), fax 252-334-5465 or by mail and referencing the correct contract and delivery order numbers. Once it is received via one of the correct modes listed above, the 30 day period for invoices to be paid will begin. If material is not accepted until after fiscal receives the invoice, the payment due date will be 30 days from the date the service was received. 10.0 SPECIAL CONTRACT REQUIREMENTS 10.1 Work Requirements for Field Service Representative: The services of the Field Service Representative shall be at the fixed price rate contained in this schedule per month. 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 forty (40) non-service days per year, which are NOT billed to the government, for vacation, sick leave, holidays, or personal business, to be used by the Field Service Representative in accordance with the contractor's current personnel policies. Any leave in excess of the allotted vacation, sick, personal, holiday leave or otherwise covered will require reimbursement to the billable rate for the effected period. Instructions for Pro-Ration of Man Month Rates: Annually at the conclusion of each performance period of this contract starting on 01 October 2011 ending 30 September 2012 and each subsequent year thereafter, the days worked for the month will be totaled and subtracted by the number of days per year. Any man days in excess of 144 per year will be computed as follows: Breakdown of the 144 days: 10 Holiday 30 Personal business, Vacation and Sick leave 104 Weekends 144 Total allowable non-working days per year Example Computation: Total billable days for the year were 212 Total non-work days were 153 Man Month Rate = example $18,000.00 Number of days per year 365 minus 144 (allowable non-workdays) = 221 billable man days (except leap years) Total Cost of 12 Man Months divided by billable man days per year ($18,000.00 x 12) $216,000.00 ÷ 221 = $977.38 Contractor is responsible to reimburse the Government at the rate of $977.38 per day for non-workdays in excess of the 144 days per year 153 non-workdays minus 144 allowable non-workdays = 9 $977.38 x 9 = $8,796.42 10.2 Payment for Services: Man Months- The man-month rates contained in this contract are the primary compensation the contractor will receive and shall cover all expenses, prorated vacation and / or emergency leave, sick leave, holidays, applicable insurance of all kinds, general and administrative expenses, salaries of personnel including overtime, and profit, and plant shutdown days. The only other compensation the contractor will receive will be the cost of government-directed travel that will be reimbursed as described in paragraph 10.4. 10.3 Holidays: The contractor shall establish a holiday schedule for personnel performing under this contract that directly coincides with the Government's schedule. Holiday's 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. The following days (as celebrated) are contract holidays: New Year's Day, Martin Luther King's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day. 10.4 Travel: Necessity for travel will be determined by the Contracting Officer in conjunction with the Contracting Officer's Technical Representative (COTR). 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. • HU25 Standardization Conferences. The Contracting Officer may direct, the utilization of U.S. Coast Guard aircraft for travel, as appropriate, to any locations including remote deployment sites, where commercial air travel is not appropriate, available, or timely. Commercial Air travel and all other transportation as authorized by the Coast Guard will be reimbursed in accordance with the FAR 31.205-46 Travel Costs and terms set forth in the contract. 10.5 Insurance Requirements: The contractor shall be required to procure and maintain, during the entire period of performance under this contract the following minimum insurance in accordance with FAR 52.228-5 (Jan 1997) and HSAR 3052.228-70 Insurance (Jun 2006). Prior to commencement of work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government shall not be effective until thirty days after written notice has been given and approved by the Contracting Officer. 10.6 Supervision of Contractor Employees: 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. The Government shall not exercise any supervision or control over the Contractor in the performance of contractual services under this contract. The Contractor is accountable to the Government for the actions of its personnel. In performance of this contract, the Contractor's management responsibilities include, but are not limited to, the following: • Ensure employees understand the work to be performed on orders to which they are assigned. • Ensure employees know their management chain and adhere to company policies and exhibit professional conduct to perform in the best interest of the Government. • Ensure employees adhere to applicable law and regulation governing contractor performance and relationships with the Government. • Ensure contract employees do not create actual or apparent personal service relationships. • Regularly assess employee performance and provide feedback to improve overall task performance. • Ensure high quality results are achieved through task performance. 10.7 Personnel Access: During the life of this contract, the Contractor's personnel shall have access to the designated and/or Government facilities as required. 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 designated and/or Government facilities. Certain security requirements which necessitate the use of building access passes may be required. No direct charges to any order or order issued under a contract may be made for personnel or facility security clearances. 10.8 Conduct of Contractor Personnel: Contractor employee shall comply with all policies if working in a non government facility. 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 designated and/or government installation if the Contracting Officer determines that the employees' actions would be grounds for removal 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 an excusable delay or beyond the control and without the fault or negligence of the Contractor, and shall not be grounds for an equitable adjustment. 10.9 Government Installation Closure: If necessary, the Government (Installation Commander or designee) may decide to close all or part of a designated and/or 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. The FSR shall be officially dismissed upon notification of closure in regard to unforeseen emergency. The FSR shall promptly secure all government furnished property appropriately and evacuate in an expedient, but safe, manner. Such closures are not billable to the government. With regard to work under the contract, the Government shall retain the following rights: • The Government may forego the work or may reschedule the work at any time satisfactory to both parties. • 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 for that period. Government Installation Closure Notification Procedures: • After an official decision to close the installation has been made by the responsible Government representative, local radio and television stations shall be notified of the closure. Notification shall also be recorded on the base's official emergency phone number at 252-335-6188. • The contractor employee is directed to listen to or watch one of the local radio or television stations 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. 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. 10.10 Contractor Identification: Contractor employee must identify himself/herself as a contractor du ring meetings, telephone conversations, in electronic messages, or correspondence related to this contract. Contractor occupied facilities (on Government installation or Contractor owned facilities) 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. 10.11 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 and submit a report to the Contracting Officer if and when such damages exceed normal wear and tear. 10.12 Security Clearances and Non-disclosure agreements: All contractor personnel working on the Elizabeth City complex or adjacent facilities will be required to obtain a government Common Access Card if they require access to federally controlled computer systems. All contractor personnel will be required to meet the security requirements for access onto the base complex and for Coast Guard computer access. The contractor will be responsible for the management of all security clearances and personnel may be required to sign a non-disclosure agreement. 10.13 U.S. Coast Guard Information Systems Security: If required for the performance of this contract, no contractor personnel shall commence any performance under this contract until they (1) have received a security briefing about the Coast Guard Information Assurance Manual, COMDTINST M5500.13 (series), from the appropriate Coast Guard Information Systems Security Officer (ISSO) and (2) have signed a "Coast Guard Information Technology Contractor User Security Agreement". By signing the aforementioned user security agreement, the individual will be acknowledging their responsibility to properly use and safeguard all Coast Guard information technology resources and information related thereto. The Contracting Officer's Technical Representative (COTR) for this contract shall arrange the aforementioned security briefing. The ISSO is responsible for retaining the security documents signed and submitted by the contractor employees. The contractor shall only access those areas of Coast Guard information technology resources (e.g., computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, internet sites) explicitly stated in this contract and/or approved by the COTR in writing as necessary for performance of the work under this contract. Any attempts by contractor personnel to gain access to any information technology resources not explicitly authorized by the statement of work, other terms and conditions in this contract or approved in writing by the COTR is strictly prohibited. In the event of violation of this provision, the Coast Guard will take appropriate actions with regard to the contract. Contractor access to Coast Guard networks from a remote location is a temporary privilege for the mutual convenience it offers while the contractor performs business for the Coast Guard. It is not a right, a guarantee, a condition of the contract, nor is it Government Furnished Equipment (GFE). Contractor access will be terminated for unauthorized use. The contractor agrees to hold the Coast Guard harmless and the contractor will not request additional time or money under the contract for delay resulting from unauthorized use. 10.14 Compliance with Local Regulations, Instructions, and Directives: Contractor personnel shall comply with all local base regulations, instructions, directives, orders and special procedures. 10.15 Financial/Criminal Background Checks: All contractors providing employees that have access to AMMIS/ALMIS or other Coast Guard systems are required to perform an initial financial and criminal background check for each proposed employee. The contractor must then certify on a company letterhead that the background checks have been conducted and there are no negative financial situations or criminal offenses in that employee's background. The Contractor shall forward the certification to the Contracting Officer that administers the contract. Any adverse information acquired by the contractor on a proposed employee must be reported immediately to the Contracting Officer. 10.16 Contracting Officer's Technical Representative: The Contracting Officer will designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review and / or inspection and acceptance of services and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor upon contract award. The designation letter will set forth the authorities and limitations of the COTR under the contract. It is emphasized that only the Contracting Officer has the authority to modify the terms of the contract/order. The COTR is the point of contact through which the contractor can relay questions and problems of a technical nature to the Contracting Officer. If the contractor is unsure whether an effort requested is outside the scope of the contract, the contractor shall promptly notify the Contracting Officer in writing. The following Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) clauses apply: 52.212-4 Contract Terms and Conditions - Commercial Items (Jun 2010) is tailored to include the following FAR/HSAR clauses: 52.202-1 Definitions (Jul 2004) 52.203-3 Gratuities (Apr 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.204-1 APPROVAL OF CONTRACT. (DEC 1989) This contract is subject to the written approval of the Chief of the Contracting Office and shall not be binding until so approved. (End of Clause) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000) 52.204-7 Central Contractor Registration (Apr 2008) 52.204-9 Personal Identity Verification of Contractor Personnel (Sep 2007) 52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed For Debarment (Sep 2006) 52.209-7 Information Regarding Responsibility Matters (Apr 2010) (a) Definitions. As used in this provision-"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables."Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall enter the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (End of provision) 52.209-8 Updates of Information Regarding Responsibility Matters. (APR 2010) 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (Apr 2008) 52.216-21 Requirements (Oct 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) 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 September 30, 2015. Alt I (Apr 1984) 52.217-5 Evaluation of Options (Jul 1990) 52.217-8 Option to Extend Services (Nov 1999) 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 prior to the end of the existing contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. (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 5 years. (End of Clause) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010) 52.227-10 Filing of Patent Applications--Classified Subject Matter (Dec 2007) 52.227-13 Patent Rights--Ownership by the Government (Dec 2007) 52.227-14 Rights in Data--General (Dec 2007) 52.228-5 Insurance--Work on A Government Installation (Jan 1997) 52.229-3 Federal, State, and Local Taxes (Apr 2003) 52.232-18 Availability of Funds (Apr 1984) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.233-1 Disputes (Jul 2002) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach Of Contract Claim (Oct 2004) 52.242-13 Bankruptcy (Jul 1995) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.252-2 Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given 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 https://www.acquisition.gov/Far/ or Regulations URLs: (Click on the appropriate regulation.) http://farsite.hill.af.mil/ NOTE: After selecting the appropriate regulation above, at the "Table of Contents" page, conduct a search for the desired regulation reference using your browser's FIND function. When located, click on the regulation reference (hyperlink). (End of Clause) CGAP SUBCHAPTER 3004.1301-90 Contract clause. Contracting Officers shall insert the following clause in all existing and future solicitations and contracts when a contractor or subcontractor employee is required to access a Coast Guard, Department of Defense, or other federally-controlled computer information system, or needs public key infrastructure (PKI) authentication to perform his/her contractual duties. COMMON ACCESS CARDS (CAC) FOR CONTRACTORS: CONTRACTOR VERIFICATION SYSTEM (CVS) (a) -Contractor employee‖ means an employee of a firm, or an individual, under contract or subcontract to the Coast Guard to provide services and who requires physical and/or logical access to information systems and/or facilities. (b) Homeland Security Presidential Directive (HSPD)-12 mandates a Federal standard for secure and reliable forms of identification for Federal employees and contractor employees. The Common Access Card (CAC) is a personal identification card for the Department of Defense/Uniformed Services and complies with HSPD-12. The Coast Guard has instituted the CAC as its HSPD-12 compliant personal identification card for contractor and subcontractor employees who are required to access a Coast Guard, Department of Defense (DOD), or other federally-controlled computer information system and/or facility, or need public key infrastructure (PKI) authentication to perform their contractual duties. The Contractor Verification System (CVS) is the automated application process for obtaining a CAC. (c) Contractor and subcontractor employees working pursuant to this contract who are required to access a Coast Guard, DOD, or other federally-controlled computer information system and/or facility, or need PKI authentication to perform their contractual duties shall use CVS to obtain a CAC. (d) The Contracting Officer Technical Representative (COTR) shall serve as the CVS Trusted Agent and is responsible for creating contractor accounts in the CVS; approving, returning, or rejecting CAC applications (as applicable); re-verifying assigned contractors every six months; revoking contractor and employee eligibility for a CAC; and confiscating a CACCOMDTINST M4200.19I 4-6 when the contract expires or when a contractor or subcontractor employee stops working under the contract. (e) Current standards require a favorable fingerprint check and verification of an initiated or completed investigation for all incoming Coast Guard contractor personnel before CAC issuance. The COTR shall ensure that contractor personnel satisfy the security requirements for CAC issuance, and that completed fingerprint cards and electronic questionnaires for investigation processing are submitted to the U.S. Coast Guard Security Center (SECCEN). (f) The COTR or Contracting Officer shall provide such forms to, or request such information from, contractor employees that may be necessary for obtaining a CAC via the CVS. Completed forms and information shall be submitted as directed by the COTR or Contracting Officer. Contractors are responsible for the accuracy and completeness of the information submitted and for any liability resulting from the Government‘s reliance on inaccurate or incomplete information. (g) Contractor or subcontractor employees who are declined a CAC via the CVS are ineligible to perform work under this contract. When an employee with a CAC is no longer performing work under this contract, the employee must return the CAC to the COTR or Contracting Officer on the same day the employee stops working. (h) The contractor shall insert this clause in all subcontracts when a subcontractor‘s employee is required to access a Coast Guard, DOD, or other federally-controlled computer information system and/or facility, or need PKI authentication to perform contractual duties. (End of clause) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Oct 2010) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.222-50 Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). 52.233-3 Protest After Award (AUG 1996) (31 U.S.C. 3553). 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: 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). 52.219-8 Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). 52.219-9 Small Business Subcontracting Plan (Oct 2010) (15 U.S.C. 637(d)(4)). 52.219-16 Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 52.222-3 Convict Labor (June 2003) (E.O. 11755). 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) (E.O. 11246). 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2010) (38 U.S.C. 4212). 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). 52.222-37 Employment Reports On Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2010) (38 U.S.C. 4212). 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). 52.239-1 Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 52.222-41 Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). 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.). 52.222-43 Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), 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 Monetary Wage Fringe Benefits 30083 $22.59 Yes 52.212-1 Instructions to Offerors-Commercial Items (June 2008) 52.212-3 Offeror Representations and Certifications-Commercial Items (Oct 2010) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certificates 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. (a) Definitions. As used in this provision-- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.395(c). "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate - (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it 0 is, 0 is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it 0 is, 0 is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it 0 is, 0 is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it 0 is, a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it 0 is, 0] is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Number of Employees Average Annual Gross Revenues 50 or fewer $1 million or less 51-100 $1,000,001-$2 million 101-250 $2,000,001-$3.5 million 251-500 $3,500,001-$5 million 501-750 $5,000,001-$10 million 751-1,000 $10,000,001-$17 million Over 1,000 Over $17 million (9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It 0 is, 0 is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It 0 has, 0 has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It 0 is, 0 is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It 0 is, 0 not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It 0 has, 0 has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It 0 has, 0 has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It 0 has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It 0 has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act - Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. ___________________________________________ ___________________________________________ ___________________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No.: Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) 0 Are, 0 are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) 0 Have, 0 have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) 0 Are, 0 are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) 0 Have, 0 have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] 0 (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. 0 (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) 0 In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) 0 Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] 0 (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror 0 does 0 does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. 0 (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror 0 does 0 does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv)The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.] (3) Taxpayer Identification Number (TIN). 0 TIN:_____________________. 0 TIN has been applied for. 0 TIN is not required because: 0 Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; 0 Offeror is an agency or instrumentality of a foreign government; 0 Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. 0 Sole proprietorship; 0 Partnership; 0 Corporate entity (not tax-exempt); 0 Corporate entity (tax-exempt); 0 Government entity (Federal, State, or local); 0 Foreign government; 0 International organization per 26 CFR 1.6049-4; 0 Other ____________________. (5) Common parent. 0 Offeror is not owned or controlled by a common parent: 0 Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ m. Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. n. Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. (End of Provision) Alternate I (Apr 2002). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) [The offeror shall check the category in which its ownership falls]: ___ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory or the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. The following Homeland Security Acquisition Regulations (HSAR) apply: 3052.223-90 Accident and Fire Reporting (Dec 2003) 3052.242-71 Dissemination of Contract Information (Dec 2003) 3052.242-72 Contracting Officer's Technical Representative (Dec 2003) 3052.219-70 Small Business Subcontracting Plan Reporting (Jun 2006) 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) Closing date and time for receipt of offers is 20 DEC 2010, 4:00 pm, Local Time. PRICES MUST REMAIN EFFECTIVE FOR 90 DAYS AFTER CLOSING OF SOLICITATION. All responsible sources may submit a proposal that will be considered by this Agency. Offers may be submitted on company letterhead stationery indicating, unit price and extended price; F.O.B. point, payment terms and any discounts offered for prompt payment, the business size standard and any minority classification. All offerors submitting a proposal shall have a valid Vendor Cage Code and Dun & Bradstreet number (DUNS) or the ability to get one. Facsimile Offers are acceptable and may be forwarded via fax number 252-334-5427, attention Melissa Deglau or Tonya Bush. Electronic submission may be sent to Melissa.A.Deglau@uscg.mil or Tonya.W.Bush@uscg.mil COMDTINST 4200.14 Notice for Filing Agency Protests It is the policy of the Coast Guard to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard as a Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forums Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the Coast Guard Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth at FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude refilling of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103 (e). Formal protest filed under the OPAP program should be forwarded to the address below: 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.
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Place of Performance: Address: Aviation Logistic Center, Elizabeth City, North Carolina, 27909, United States; Zip Code: 27909
Record: SN02336886-W 20101204/101202233918-c4e4de63c778b9a5bb17702a6a92e9eb (fbodaily.com)
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