Loren Data's SAM Daily™

FBO DAILY ISSUE OF DECEMBER 21, 2011 FBO #3679
SOLICITATION NOTICE

U -- Gulfstream V Aircraft - Maintenance Training - Solicitation - HSCG23-12-R-PBF003

Notice Date

12/19/2011
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

611519 — Other Technical and Trade Schools
 

Contracting Office

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

ZIP Code

20593-0001
 

Solicitation Number

HSCG23-12-R-PBF003
 

Archive Date

2/4/2012
 

Point of Contact

James R. Robinson, Phone: 2024753786, Robert Mann-Thompson, Phone: 2024753252
 

E-Mail Address

James.R.Robinson@uscg.mil, robert.a.mann-thompson@uscg.mil
(James.R.Robinson@uscg.mil, robert.a.mann-thompson@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

HSCG23-12-R-PBF003 that includes Section VI - Past Performance Document. SYNOPSIS This is a combined synopsis/solicitation for commercial Gulfstream V aircraft maintenance training services prepared in accordance with the Federal Acquisition Regulation (FAR) Part 12.6 utilizing FAR 15 procedures. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is HSCG23-12-R-PBF003 and is being issued as a Request for Proposals. The associated North American Industrial Classification Systems (NAICS) code for this acquisition is 611519 with a size standard of $7 million. This requirement is being issued on a full and open basis. The United States Coast Guard intends to award a single firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) contract with a five year period of performance. The IDIQ will be awarded to fulfill the Coast Guard's training quotas for maintenance training courses on the Gulfstream V aircraft in accordance with the attached Performance Work Statement. The guaranteed minimum quantity will be one (1) quota over the five year ordering-period. This procurement will consist of the following Contract Line Items (CLINs): Year 1 CLIN: 00001 Description: - Gulfstream V Basic Maintenance Training Course Maximum Quota(s): 6 CLIN: 00002 Description: - Gulfstream V Avionics Training Course Maximum Quota(s): 4 CLIN: 00003 Description: - Gulfstream V Cabin Communications Training Course Maximum Quota(s): 2 CLIN: 00004 Description: - Gulfstream V Advanced Troubleshooting Procedures Training Course Maximum Quota(s): 4 CLIN: 00005 Description: - Gulfstream V Updated Maintenance Practices Course Maximum Quota(s): 4 CLIN: 00006 Description: - Gulfstream V Maintenance Management Course Maximum Quota(s): 1 --- Year 2 CLIN: 10001 Description: - Gulfstream V Basic Maintenance Training Course Maximum Quota(s): 6 CLIN: 10002 Description: - Gulfstream V Avionics Training Course Maximum Quota(s): 4 CLIN: 10003 Description: - Gulfstream V Cabin Communications Training Course Maximum Quota(s): 2 CLIN: 10004 Description: - Gulfstream V Advanced Troubleshooting Procedures Training Course Maximum Quota(s): 4 CLIN: 10005 Description: - Gulfstream V Updated Maintenance Practices Course Maximum Quota(s): 4 CLIN: 10006 Description: - Gulfstream V Maintenance Management Course Maximum Quota(s): 1 --- Year 3 CLIN: 20001 Description: - Gulfstream V Basic Maintenance Training Course Maximum Quota(s): 6 CLIN: 20002 Description: - Gulfstream V Avionics Training Course Maximum Quota(s): 4 CLIN: 20003 Description: - Gulfstream V Cabin Communications Training Course Maximum Quota(s): 2 CLIN: 20004 Description: - Gulfstream V Advanced Troubleshooting Procedures Training Course Maximum Quota(s): 4 CLIN: 20005 Description: - Gulfstream V Updated Maintenance Practices Course Maximum Quota(s): 4 CLIN: 20006 Description: - Gulfstream V Maintenance Management Course Maximum Quota(s): 1 --- Year 4 CLIN: 30001 Description: - Gulfstream V Basic Maintenance Training Course Maximum Quota(s): 6 CLIN: 30002 Description: - Gulfstream V Avionics Training Course Maximum Quota(s): 4 CLIN: 30003 Description: - Gulfstream V Cabin Communications Training Course Maximum Quota(s): 2 CLIN: 30004 Description: - Gulfstream V Advanced Troubleshooting Procedures Training Course Maximum Quota(s): 4 CLIN: 30005 Description: - Gulfstream V Updated Maintenance Practices Course Maximum Quota(s): 4 CLIN: 30006 Description: - Gulfstream V Maintenance Management Course Maximum Quota(s): 1 --- Year 5 CLIN: 40001 Description: - Gulfstream V Basic Maintenance Training Course Maximum Quota(s): 6 CLIN: 40002 Description: - Gulfstream V Avionics Training Course Maximum Quota(s): 4 CLIN: 40003 Description: - Gulfstream V Cabin Communications Training Course Maximum Quota(s): 2 CLIN: 40004 Description: - Gulfstream V Advanced Troubleshooting Procedures Training Course Maximum Quota(s): 4 CLIN: 40005 Description: - Gulfstream V Updated Maintenance Practices Course Maximum Quota(s): 4 CLIN: 40006 Description: - Gulfstream V Maintenance Management Course Maximum Quota(s): 1 --- Six Month Option to Extend Services CLIN: 50001 Description: - Gulfstream V Basic Maintenance Training Course Maximum Quota(s): 3 CLIN: 50002 Description: - Gulfstream V Avionics Training Course Maximum Quota(s): 2 CLIN: 50003 Description: - Gulfstream V Cabin Communications Training Course Maximum Quota(s): 2 CLIN: 50004 Description: - Gulfstream V Advanced Troubleshooting Procedures Training Course Maximum Quota(s): 2 CLIN: 50005 Description: - Gulfstream V Updated Maintenance Practices Course Maximum Quota(s): 2 CLIN: 50006 Description: - Gulfstream V Maintenance Management Course Maximum Quota(s): 1 -------------------- SECTION I CONTRACT PROVISIONS FAR 52.212-1 - Instructions to Offerors - Commercial Items (Jun 2008) (Addendum) SUBMISSION INSTRUCTIONS All proposals shall be submitted to the attention of the Contract Specialist, James Robinson, via e-mail at James.R.Robinson@uscg.mil with a carbon copy e-mail sent to Contracting Officer, Robert Mann-Thompson, at Robert.A.Mann-Thompson@uscg.mil on or before 1400 ET, on January 20, 2012. Due to USCG internet restrictions, electronic mail attachments over 5 MB in size shall not be accepted. Electronic documents submitted shall be compatible with Microsoft Vista. Offers shall be limited to 50 pages all inclusive with page numbers in sequential order. The page limits exclude resumes and FAR 52.212-3 Offeror Representations and Certifications-Commercial Items. Offers shall be sectioned into three volumes: Volume 1: Technical Proposal Volume 2: Relevant Past Performance Volume 3: Price Volume One Contents: The Offeror shall provide the following in its Volume One in order to be considered complete: (1) a document entitled "Technical and Management Approach" that contains sufficiently detailed information that demonstrates the Offeror's ability to perform the requirements of the PWS and provide management necessary to perform the requirements of the PWS; (2) the course descriptions and curriculums that are similar or identical to the courses solicited; and resumes for all instructors are required and letters of intent for all proposed personnel are desirable. Volume Two Contents: The Offeror shall provide the following in its Volume Two in order to be considered complete: (1) In addition to the requirements listed in FAR Part 52.212-1 (b) (10), Offerors shall submit a total of three references utilizing the Past Performance Evaluation Document attached. Offerors shall complete SECTION A of the Past Performance Evaluation Document. SECTION B shall be completed by the Government during offer evaluations. If there is no past performance information, please provide the following statement in your offer: "No Past Performance information available". Volume Three Contents: The Offeror shall provide the following in its Volume Three in order to be considered complete: (1) pricing for all CLINS; (2) the Offeror shall provide supporting information that provides a breakdown of price for each course to include; (3) its Taxpayer Identification Number (TIN), Dun and Bradstreet Number (DUNS), and Electronic Funds Transfer (EFT) information; (4) a statement whether their company is registered in the Central Contractor Registration (CCR) database; (5) any completed solicitation clauses that require the Offeror's input; and (6) any exceptions/assumptions taken with regard to the PWS or any other aspect of the RFP or any other information that the Offeror finds necessary and pertinent to their offer. Offerors shall submit each volume as a separate document file. The minimum font size is 11, excluding graphics and tables which may use a font size smaller than 11. All Proposal shall be Emailed. Proposals will be printed in black & white. QUESTIONS All questions or concerns regarding any aspect of this RFP shall be forwarded to Contract Specialist, James Robinson, via e-mail at James.R.Robinson@uscg.mil with a carbon copy e-mail sent to Contracting Officer, Robert Mann-Thompson, at Robert.A.Mann-Thompson@uscg.mil by January 03, 2012 at 1400 ET, so that they can be addressed prior to the RFP deadline for all offerors. (End of provision addendum) FAR 52.212-2 - Evaluation -- Commercial Items (Jan 1999) (Addendum) EVALUATION CRITEIA An IDIQ will be awarded to the company determined to represent the best value to the USCG. IAW FAR 15.101-1, the Government will determine the best value using the tradeoff process. The tradeoff process will lead to an award decision that is made between the following price and non-priced evaluation factors: Factor 1: Technical and Management Approach Factor 2: Relevant Past Performance Factor 3: Socio-Economic Factors (Small Business Subcontracting Plan) Factor 4: Price Selection and award of the IDIQ award will be based on the previously aforementioned evaluation criteria. The evaluation factors listed above are in descending order of importance. All evaluation factors are more important than price. When combined, the evaluation factors are significantly more important than price. Technical and management approach is more important than past performance and small business subcontracting plan. However, as the technical and management approach, past performance, and small business subcontracting plan converge, the price may become more important. For each factor, offerors are required to provide the information described below: Factor 1 - Technical and Management Approach: The Government will evaluate each offeror's technical and management approach to determine their capacity to perform all the requirements outlined in the Performance Work Statement (PWS). This will include the evaluation of the following sub-factors: Sub-Factor 1 The offeror's management approach of the project and its personnel Sub-Factor 2 The offeror's technical approach to providing the required services Sub-Factor 3 The offeror's proposed course content including the number of man hours proposed for the instruction and preparation of each course Sub-Factor 3 The offeror's proposed instruction course facilities including the possession of, or access to, a GV aircraft Sub-Factor 4 The offeror's existing course schedule Sub-Factor 5 The offeror's proposed instructor's qualifications Overall rating for Factor One will be at the factor level. All sub-factors are of equal importance and contribute to the overall Factor rating. Factor 2- Relevant Past Performance: The Government will evaluate the past performance of the offeror for relevancy. The offeror shall provide past performance information for services directly related and relevant to the services to be performed under the PWS. To be considered relevant, the services must have been performed within the past three years. The USCG reserves the right to utilize past performance information other than the information submitted with the proposals received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant. Factor 3 - Socio-Economic Factors Sub-Factor 1 The Government will evaluate the offeror's small business subcontracting plan. As small businesses are not required to submit a small business subcontracting plan, small business offerors will receive the highest rating for this factor. Large businesses that do not plan to submit a small business subcontracting plan must submit a signed statement that states why they will not subcontract any work of the resultant contract. Doing so will receive a neutral rating and will not be rated favorably or unfavorably. Large businesses' submitted subcontracting plans will be evaluated as to the degree to which the subcontracting plan meets fiscal year 2012 USCG small business subcontracting goals, which are stated as follows: - 45% small businesses - 5% small disadvantaged businesses - 5% women owned small businesses - 3% HUBZone businesses - 3% small disadvantaged veteran owned small businesses Sub-Factor 2 Large businesses' offeror's history of compliance with subcontracting reporting requirements in other federal contracts and how well the large businesses have met planned small business subcontracting goals in previous award will be evaluated. If a large business does not submit a small business subcontracting plan they will receive a neutral rating and will not be rated favorably or unfavorably. This will be evaluated using the Electronic Subcontract Reporting System at http://www.esrs.gov Overall rating for Factor Three will be at the factor level. Both sub-factors are of equal importance and contribute to the overall Factor rating. Factor 4 - Price: The Government will evaluate the total overall price to determine price reasonableness. Evaluation Ratings: Technical evaluation ratings are defined as follows: SUPERIOR - Exceeds specified minimum requirements of the solicitation in a way very beneficial to the Government. Proposal/Quote is superior in many, if not all, respects and reflects no weaknesses, significant weaknesses, or deficiencies. Must reflect one or more significant strengths. Offer demonstrates a complete understanding of the requirement. The proposal/quote presents a very high probability of successful performance. EXCELLENT - Meets the requirements, one or more strengths to the Government. Weaknesses, if any, are of small impact and correctable; and no significant weaknesses or deficiencies are present. The proposal/quote presents a high probability of success. SATISFACTORY - Meets all requirements; proposal/quote offers no significant benefits beyond the stated requirements, and has no significant weaknesses or deficiencies exist. MARGINAL - Fails to meet the minimum requirements or has one or more weaknesses or significant weaknesses. Significant weaknesses are correctable without major revisions to the proposal/quote. UNSATISFACTORY - Fails to meet the minimum requirements; has one or more deficiencies that require major revisions or redirection of the proposal/quote. Past Performance evaluation ratings are defined as follows: SUPERIOR - One or more examples where past performance significantly exceeded requirements. SATISFACTORY - Past performance met requirements. NO RATING - The contractor has no relevant past performance. MARGINAL - One or more examples where past performance failed to meet requirements due to fault of contractor UNSATISFACTORY - One or more examples where past performance significantly failed to meet requirements due to fault of contractor Socio-Economy evaluation ratings are defined as follows: EXCEEDS - 46% or more of the work is subcontracted out exceeding the 45% goal and at least one of the 5% or 3% goals. MEETS - At least 95% of the work that is subcontracted is to small businesses and at least one of the 5% or 3% goals are met or 100% of the subcontracting is to small businesses. DOES NOT MEET - Satisfactory effort is not undertaken towards meeting subcontracting goals for the work available for subcontracting. NEUTRAL - None of the work is subcontracted. (End of provision addendum) FAR 52.212-3 - Offeror Representations and Certifications - Commercial Items (Nov 2011) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "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", as used in this section, 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). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "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. "Sensitive technology"- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "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. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "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 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. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (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 representations 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 (o) 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 will 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 [_] is, [_] 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 [_] is, [_] 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 [_] is, [_] 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 [_] is, [_] 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 [_] is, [_] is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: __________.] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [_] is, [_] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: __________. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete onlyif 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 [_] is a women-owned business concern. (9) 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:____________________________________ (10) [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 [_] is, [_] 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 CCR Dynamic Small Business Search database maintained by the Small Business Administration, 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 [_] has, [_] 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 occurredsince 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)(10)(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: ________________.] (11) 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 [_] is, [_] 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 changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone 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 [_] has, [_] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It[_]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 [_] 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 $150,000.) 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) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] Have, [_] 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) [_] Are, [_] 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) [_] Have, [_] 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.] [ ] (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. [ ] (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 it 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) [_] 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) [_] 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.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] 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. [ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] 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). [_] TIN: ________________________________. [_] TIN has been applied for. [_] TIN is not required because: [_] 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; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other ________________________________. (5) Common parent. [_] Offeror is not owned or controlled by a common parent; [_] 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. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Sanctioned activities relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; and (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of provision) Alternate I (Apr 2011). As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision: (12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) 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 of 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. (End of provision) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items As prescribed in 12.301(b)(4), insert the following clause: (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). X (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). X (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (8) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (10) [Reserved] __ (11)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (12)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. X (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). X (14)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (15) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (16) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (17) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (18)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (19) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (20) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (Nov 2011). __ (24) 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Nov 2011). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (29) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). X (30) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (35) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (36)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. X (37) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (38) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (39)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ (ii) Alternate I (Jan 2004) of52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (40) 52.225-5, Trade Agreements (NOV 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (41) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (42) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (43) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (44) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (45) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (46) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (47) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (48) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (49) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (50)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). X (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) -------------------- SECTION II ADDITIONAL CONTRACT CLAUSES AND PROVISIONS FAR 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 their full text available. Also, the full text of a clause may be accessed electronically at this web address: http://farsite.hill.af.mil/ The following clauses are hereby incorporated by reference: Clause Title and Date FAR 52.202-1 Definitions (JUL 2004) FAR 52.202-4 Printed or Copied Double-Sided on Recycled Paper (May 2011) FAR 52.203-5 Covenant Against Contingent Fees (APR 1984) FAR 52.203-7 Anti-Kickback Procedures (JUL 1995) FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Sept 2007) FAR 52.204-5 Women-Owned Business Other Than Small Business (MAY 1999) FAR 52.204-7 Central Contractor Registration (APR 2008) FAR 52.212-3, Alternate I Offeror Representations and Certifications -- Commercial Items (MAR 2009) FAR 52.214-34 Submission of Offers in the English Language (APR 1991) FAR 52.214-35 Submission of Offers in U.S. Currency (APR 1991) FAR 52.216-18 Ordering (OCT 1995) - For the purposes of this clause, the blank is completed as follows: date of award through five years from date of award FAR 52.216-22 Indefinite Quantity (OCT 1995) - For the purposes of this clause, the blank is completed as follows: the date specified in the applicable order. FAR 52.217-8 Option to Extend Services (NOV 1999) - for the purposes of this clause, the blank is completed as follows: 30 days. FAR 52.224-1 Privacy Act Notification (APR 1984) FAR 52.224-2 Privacy Act (APR 1984) FAR 52.244-6 Subcontracts for Commercial Items (Feb 2009) The following clauses are hereby incorporated in full: FAR 52.209-7 - Information Regarding Responsibility Matters (Jan 2011) (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 proceeding 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). "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). (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 post 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). (End of provision) FAR 52.209-9 - Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov. (b) (1) The Contractor will receive notification when the Government posts new information to the Contractor's record. (2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. (ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (End of Clause) FAR 216-1 Type of Contract (APR 1984) The Government contemplates award of an IDIQ contract resulting from this solicitation. (End of Provision) FAR 52.216-22 -- Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the expiration of the period of performance. (End of Clause) FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. (End of clause) HSAR 3052.209-72 - Organization Conflict of Interest (Jun 2006) (a) Determination. The Government has determined that this effort may result in an actual or potential conflict of interest, or may provide one or more offerors with the potential to attain an unfair competitive advantage. The nature of the conflict of interest and the limitation on future contracting is currently unknown. (b) If any such conflict of interest is found to exist, the Contracting Officer may: (1) Disqualify the offeror, or (2) Determine that it is otherwise in the best interest of the United States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded. After discussion with the offeror, the Contracting Officer may determine that the actual conflict cannot be avoided, neutralized, mitigated or otherwise resolved to the satisfaction of the Government, and the offeror may be found ineligible for award. (c) Disclosure: The offeror hereby represents, to the best of its knowledge that: ___ (1) It is not aware of any facts which create any actual or potential organizational conflicts of interest relating to the award of this contract, or ___ (2) It has included information in its proposal, providing all current information bearing on the existence of any actual or potential organizational conflicts of interest, and has included a mitigation plan in accordance with paragraph (d) of this provision. (d) Mitigation. If an offeror with a potential or actual conflict of interest or unfair competitive advantage believes the conflict can be avoided, neutralized, or mitigated, the offeror shall submit a mitigation plan to the Government for review. Award of a contract where an actual or potential conflict of interest exists shall not occur before Government approval of the mitigation plan. If a mitigation plan is approved, the restrictions of this provision do not apply to the extent defined in the mitigation plan. (e) Other Relevant Information: In addition to the mitigation plan, the Contracting Officer may require further relevant information from the offeror. The Contracting Officer will use all information submitted by the offeror, and any other relevant information known to DHS, to determine whether an award to the offeror may take place, and whether the mitigation plan adequately neutralizes or mitigates the conflict. (f) Corporation Change. The successful offeror shall inform the Contracting Officer within thirty (30) calendar days of the effective date of any corporate mergers, acquisitions, and/or divestures that may affect this provision. (g) Flow-down. The contractor shall insert the substance of this clause in each first tier subcontract that exceeds the simplified acquisition threshold. (End of provision) HSAR 3052.242-72 - Contracting Officer's Technical Representative (DEC 2003) (a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. (b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. (End of clause) -------------------- SECTION III CONTRACT ADMINISTRATION AND INVOICING REQUIREMENTS Invoicing and Payment Information for Contractors All contractors must be registered in the Central Contractor Registration (CCR): https://www.bpn.gov/ccr/default.aspx. The Data Universal Numbering System (DUNS) number is the primary identifier in Central Contractor Registration (CCR). Contractors are located and identified in CCR by their DUNS number. Therefore, to facilitate payment, it is in the contractor's best interest to ensure that the DUNS number is recorded on every invoice submitted to the US Coast Guard. Request for Payment (a) A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix)] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and shall be returned to the contractor with a statement of the reason(s) it is not proper. (b) Each invoice shall be e-mailed to the designated billing office at the following address: CG-9121-Invoices@uscg.mil. The Invoice Number, Contract Number, and Task Order Number (If applicable), Contracting Officer and Contract Specialist shall be identified in the email Subject Line. (c) Each invoice shall also be e-mailed to the Contract Specialist, and the COTR at the addresses cited below: James Robinson, Contract Specialist (James.R.Robinson@uscg.mil) and Roger Walker, COTR (Roger.L.Walker@uscg.mil). (d) The contractor shall submit SF 1034, Public Voucher for Purchases and Services Other Than Personal, and SF 1035, Public Voucher for Purchases and Services Other Than Personal (Continuation Sheet), or another form such as a company invoice to request payments under this contract. The forms or invoice must be completed as required by this clause. (e) The SF 1034 shall be completed in accordance with the following instructions: Caption on the SF 1034 Data to be Inserted in the Block 1. U.S. DEPARTMENT, BUREAU OR ESTABLISHMENT, AND LOCATION Name and address of the contracting office which issued the contract. 2. DATE VOUCHER PREPARED Date voucher submitted to the designated billing office cited in the contract. 3. CONTRACT NO. AND DATE Contract No. and, when applicable, the Order No. and date as shown on the award document. 4. REQUISITION NO. AND DATE Leave blank or fill-in in accordance with the instructions in the contract. 5. VOUCHER NO. Start with "1" and number consecutively. A separate series of Consecutive numbers must be used beginning with "1" for each contract number or order number (when applicable). Note: Insert the word "FINAL" if this is the last voucher. 6. SCHEDULE NO.; PAID BY; DATE INVOICE RECEIVED; DISCOUNT TERMS; PAYEE'S ACCOUNT NO.; SHIPPED FROM TO WEIGHT; GOVERNMENT B/L Leave all these blocks blank 7. PAYEE'S NAME AND ADDRESS Name and address of contractor as it appears on the contract. If the contract is assigned to a bank, also show "CONTRACT ASSIGNED" below the name and address of the contractor. 8. NUMBER AND DATE OF ORDER Leave blank. (See #3 above.) 9. DATE OF DELIVERY OR SERVICE The period for which the incurred costs are being claimed (e.g., month and year; beginning and ending date of services, etc.). 10. ARTICLES OR SERVICES Insert the following: "For detail, see the total amount of the claim transferred from the attached SF 1035, page X of X."One space below this line, insert the following: "COST REIMBURSABLE-PROVISIONAL PAYMENT." 11. QUANTITY; UNIT PRICE (COST; PER) Leave blank 12. AMOUNT Insert the total amount claimed from the last page of the SF 1035. 13. Payee must NOT use the space below. Do NOT write or type below this line. (f) The SF 1035 (Continuation Sheet) shall be completed in accordance with the instructions below. Use the same basic instructions for the SF 1035 as used for the SF 1034. Ensure that the contract and, if applicable, order number, are shown on each continuation sheet. Use as many sheets as necessary to show the information required by the contract, contracting officer, or cognizant audit agency; however, if more than one sheet of SF 1035 is used, each sheet shall be in numerical sequence. (g) The following items are generally entered below the line with Number and Date of Order; Date of Delivery or Service; Articles or Services; Quantity; Unit Price; and Amount (but do not necessarily tie to these captions). (1) Show, as applicable, the target or estimated costs, target or fixed-fee, and total contract value, as adjusted by any modifications to the contract or order. The FAR permits the contracting officer to withhold a percentage of fixed fee until a reserve is set aside in an amount that is considered necessary to protect the Government's interest. (2) Show the following items and supporting data as applicable to the contract or order: (h) Time-and-Materials, Labor-Hour. 1. Labor. List each contract line item number and corresponding labor category description and hourly rate, labor hours performed, and extended total labor dollars (hourly rate multiplied by labor hours performed) 2. Materials and Subcontracts (i) List each direct material item, quantity purchased, item cost, and extended total cost (quantity purchased multiplied by item cost). Cite any material handling costs allocated to direct materials. (j) List each authorized subcontract by subcontractor name. List each item or service, quantity purchased, item or service cost, and extended total cost (quantity purchased multiplied by item or service cost). 1. Travel. List the name and title of traveler, place of travel, and travel dates. If the travel claim is based on the actual costs expended, show the amount for the mode of travel (i.e., airline, private auto, taxi, etc.), lodging, meals, and other incidental expenses separately, on a daily basis. These actual costs must be supported with receipts to substantiate the costs paid. Cite any applicable indirect costs allocated to travel. 2. Total of 1 through 3. Enter this amount on the SF 1034. 3. Cumulative value of all previous requests for payment paid to date. (k) The last invoice submitted for all subsequent Task Orders placed off of this award shall be clearly labeled, "FINAL INVOICE." -------------------- SECTION IV NOTICE FOR FILING AGENCY PROTESTS United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695. -------------------- SECTION V PERFORMANCE WORK STATEMENT CONTRACTOR TRAINING SUPPORT SERVICES FOR THE U.S. COAST GUARD OFFICE OF SAFETY AND ENVIRONMENTAL HEALTH AVIATION DIVISION (CG-1131) INDEFINITE DELIVERY, INDEFINITE QUANTITY (IDIQ) 1.0 GENERAL. 1.1 SCOPE. This effort requires the Contractor to make available quotas in the six (6) listed short term instructional courses (no longer than five weeks each), or courses very similar in content and description, for maintenance of the Coast Guard's Gulfstream V (GV) aircraft: (1) GV Basic Maintenance Training course - up to 6 quotas annually. (2) GV Avionics Training course - up to 4 quotas annually. (3) GV Cabin Communications Training course - up to 2 quotas annually. (4) GV Advanced TroubleshootingProcedures course - up to 4 quotas annually. (5) GV Updated Maintenance Practices course - up to 4 quotas annually. (6) GV Maintenance Management course - up to 1 quota annually. To fulfill the quotas, it will require the Contractor to provide the classes above to the Coast Guard. All classes will require the Contractor to provide classroom instruction. Requirements regarding course and lab facilities are outlined in PWS 5.0. Additionally, the effort requires the contractor to make available a GV aircraft, course lab with specialized troubleshooting equipment and software, and maintenance training aids. 1.2 BACKGROUND. The U.S. Coast Guard, Chief of Aeronautical Engineering, (CG-41) is responsible for all maintenance action performed by the aircraft mechanics and aircraft technicians at Air Station Washington, D.C (AS DC). The U.S. Coast Guard employs a bi-level maintenance structure. This structure consists of depot level maintenance and organizational maintenance. The U.S. Coast Guard Aviation Logistics Center located in Elizabeth City, NC coordinates depot level maintenance for all Coast Guard Aircraft. Each Air Station is responsible for completing organizational maintenance at their unit. The organizational maintenance performed by mechanics and technicians at AS DC provides safe and operable GV aircraft which are used to transport the Secretary of the Department of Homeland Security, the Commandant of the Coast Guard, and other dignitaries. Traditionally, the Coast Guard would create and maintain an organic training capability for mechanics and technicians responsible for maintaining GV Aircraft. However, since the Coast Guard operates only a limited quantity of GV aircraft at one time, it is not cost effective for the Coast Guard to maintain an organic training capability. In order to ensure aircrew and passenger safety as well as proper operation of its GV aircraft, the Coast Guard needs to contract maintenance training for AS DC mechanics and technicians. 1.3 CONTRACTOR PERSONNEL. 1.3.1 Qualified Personnel. The Contractor shall provide qualified instructor personnel to perform all requirements under each task order awarded under this IDIQ contract. 1.3.2 Instructor(s) Each course instructor must have at least 3 years of experience in teaching Gulfstream Specific Training Courses at least 5 years of experience in maintaining Gulfstream aircraft. Each instructor must have graduated from an equivalent course they are teaching. Experience must be outlined in each instructor's resume. It is desired, but not required, that each instructor, at a minimum, possess a current FAA A&P certification and an FAA IA certification. It is preferred that the instructors have completed their equivalent courses at the Gulfstream-Flight Safety International Total Technical Training program. 1.3.3 Employee Identification. Visiting Contractor employees shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times. 1.3.4 Employee Conduct. Contractor employees shall present a professional appearance at all times and their conduct shall not reflect discredit upon the United States, the Department of Homeland Security and the United States Coast Guard. 1.3.5 Removing Employees for Misconduct or Security Reasons. The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from U.S. Coast Guard facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under each task order awarded under this IDIQ. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee. 1.3.6 Conflict of Interest. The Contractor shall not employ any person who is an employee of the United States Government if that employment would, or would appear to cause a conflict of interest. 1.4 PERIOD OF PERFORMANCE. The base period of performance for this effort is five (5) years from the date of award. 1.5 PLACE OF PERFORMANCE. The work to be performed under each task order will be performed at a training site provided by the Contractor. For maintenance training, the Contractor shall posses a GV aircraft. 1.6 HOURS OF OPERATION. Contractor employees shall generally perform all training between the hours of 0800 and 1600, Monday through Friday. 1.7 PERFORMANCE REQUIREMENTS SUMMARY. Task orders issued under this contract will be performance based and incorporate the Performance Requirements Summary (PWS) outlined in PWS 8.0. In general, the PRS will set forth the expected outcomes (objectives) of the task order, the service(s) required of the contractor to attain the objectives, a performance standard per outcome, and a plan for a reduction in payment in the event the contractor does not meet the performance standard. It is the intent of the Government to maintain consistency in standards and associated reduction schedules for same or similar outcomes from task order to task order. The PRS is not an exclusive remedy and inclusion of the PRS does not preclude the Government from using any other remedy available by law or contract terms, including reductions in payment in accordance with any clause for inspection of services. 2.0 GOVERNMENT TERMS AND CONDITIONS. 2.1 CG - Coast Guard 2.2 COMDT - Commandant 2.3 COMDTINST - Coast Guard Commandant Instruction 2.4 COTR - Contracting Officer's Technical Representative 2.5 DHS - Department of Homeland Security 2.6 DOD - Department of Defense 2.7 FAA - Federal Aviation Administration 2.8 FAR - Federal Acquisition Regulation 2.9 FTR - Federal Travel Regulations 2.10 HSAR - Homeland Security Acquisition Regulation 2.11 ICAO - International Civil Aviation Organization 2.12 IDIQ - Indefinite Delivery, Indefinite Quantity 2.13 KO - Contracting Officer 2.14 PWS - Performance Work Statement 2.15 USCG - United States Coast Guard 3.0 GOVERNMENT FURNISHED RESOURCES. 3.1 COAST GUARD REPORTS, POLICY MANUALS & MATERIALS. The following Coast Guard Reports, Policy Manuals and Materials Uniform Resource Locator (URL) links are provided by the Government: (1) Performance, Training, and Education Manual (COMDTINST 1500.10C) http://www.uscg.mil/hr/cg132/docs/COMDTINSTM1500.10C.pdf. (2) Aeronautical Engineering Maintenance Management Manual (COMDTINST M13020.1) http://www.uscg.mil/directives/cim/13000-13999/cim_13020_1f.pdf (3) Coast Guard Training System Standard Operating Procedures (SOPs) http://www.uscg.mil/hq/cg1/cg132/ 4.0 CONTRACTOR FURNISHED RESOURCES. The Contractor shall furnish all facilities, materials, equipment, tools, labor and services necessary to fulfill the requirements of each task order other than those provided in PWS 3.1. 4.1 TRAINING FACILITIES. The Contractor is required to provide a training facility that is within 50 miles of an international airport and associated audio visual equipment. Additionally, the Contractor is responsible for furnishing a course lab, OEM maintenance publications, maintenance training aids, the possession of a GV aircraft, and specialized troubleshooting equipment and software. 5.0 REQUIREMENTS. The Contractor shall make available quotas for six (6) GV maintenance courses IAW material referenced in PWS 6.0. It is desired, that no course exceed a 45 calendar day period of instruction (including weekends and federal holidays). Class-convening dates during the performance period will vary depending on the course schedule set by the Contractor. Quota participation on the training dates will be agreed upon in writing per the issuance of an IDIQ task order. 5.0.1 The primary place of performance will be the Contractor's provided facilities within the United States. The contractor shall provide for the GV Cabin Communications, access to a course lab with specialized troubleshooting equipment and software that are designed to be used with the curriculum of each course. 5.1 GV Basic Maintenance Training. The Contractor shall provide a basic maintenance-training course that will teach students component location, component function, normal system operation, routine aircraft servicing, minor trouble shooting and repair. At a minimum, the course shall cover the following topics: Electro Static Discharge, Equipment & Furnishings, Intro to Avionics, RVSM, MDAU, Electrical Power Systems, APU, Power plant, Fire Protection, Fuel System, Ground Handling, Water & Waste, ESC/Press, Ice & Rain, Oxygen, Hydraulics & Doors, Landing Gear, Flight Controls, Structures, and Lighting. In addition, the course shall teach the student to interpret and utilize Aircraft Maintenance Manual, Wiring Manual, Master Minimum Equipment List, and other technical data. The class shall utilze maintenance training devices and actual aircraft and aircraft parts to the maximum extent possible. Upon completion of the course, students shall be able to demonstrate the ability to conduct maintenance on the GV. 5.2 GV Avionics Training. The Contractor shall provide a comprehensive avionics maintenance training course that will teach students the knowledge and skill necessary to effectively maintain the basic GV aircraft avionics systems. At a minimum the course shall provide instruction on the following aircraft systems: AFGCS, Flight Guidance Panel (FGP), Auto-Throttle System, Radio Frequency Management Unit, HF T/S Hex Fault Codes, Audio System, Cockpit Voice Recorder, ELT, Electronic Display System, Electronic Flight Information System, EICAS, Ground Maintenance Test, Flight Data Recorder, Micro Air Data Computer (MADC), Radio Altimeter System, Inertial Reference System, Global Positioning System (GPS), Standby Flight Instruments, Flight Management System, Weather Radar System, TCAS, EGPWS, and RVSM/DRVSM. The course shall place an emphasis on developing thorough system knowledge and efficient maintenance practices in accordance with Original Equipment Manufacturer (OEM) maintenance publications. The class shall utilize maintenance training devices and actual aircraft and aircraft parts to the maximum extent possible. 5.3 GV Cabin Communications Training. The Contractor shall provide a comprehensive avionics maintenance-training course that will teach students the knowledge and skills necessary to effectively maintain the GV Cabin Communications systems. At a minimum, the course shall cover the following systems: Satellite Communication System, Magnastar System, and Airshow System. Curriculum shall include component location, normal operation, routine servicing, maintenance practices, and troubleshooting to BITE level. When available, the course shall incorporate the use of specialized troubleshooting equipment and software. 5.4 GV Advanced Troubleshooting Procedures. The Contractor shall provide a comprehensive maintenance-training course that will teach experienced GV maintenance technicians advanced troubleshooting techniques and procedures utilizing the GV maintenance manual and wiring diagrams. The course shall utilize OEM approved methodologies to teach standardized thought processes and skills required for in-depth analysis of complex aircraft systems. The class shall utilize maintenance training devices and actual aircraft and aircraft parts to the maximum extent possible. 5.5 Updated Maintenance Practices. The Contractor shall provide a refresher/update course that will provide experienced GV maintenance technicians with information pertaining to the latest OEM updates, improvements, modifications, and service bulletins applicable to the GV. 5.6 GV Maintenance Management. The Contractor shall provide a course designed to meet primary needs of the Maintenance Manager. At a minimum, the course shall cover the following topics: basic familiarization with the Aircraft Systems, Gulfstream Maintenance Publications, Computerized Maintenance Programs and Gulfstream Support Programs. 5.7 PERFORMANCE ANALYSIS. The Contractor shall provide a short course evaluation questionnaire to the students at the end of the course. Questionnaire shall be provided to the COTR prior to the course for review and approval. 5.7.1 Course Critiques on Contractor's Performance. The Contractor shall distribute and collect from each student for each class on the last day of each course a Contractor developed Course Critique on Contractor's Performance form. These critiques will be provided to the COTR no later than 20 days after the conclusion of each course. In addition, the Coast Guard reserves the right to follow up with each student after the conclusion of the class and present them with a course critique developed by the Government. 5.8 TRAINING CERTIFICATES. The Contractor shall provide certificates of completion to each student for each class that shall be retained by the students. 6.0 REFRENCES. 6.1. COMDTINST 1500.10C. The aforementioned COMDTINST 1500.10C, Performance, Training, and Education Manual, can be found online at http://www.uscg.mil/hr/cg132/docs/COMDTINSTM1500.10C.pdf. 6.2 COAST GUARD REPORTS, POLICY MANUALS & MATERIALS. See PWS 3.1. 7.0 DELIVERABLES. The Contractor shall consider all items below as having mandatory due dates: ITEM 1 - GV Maintenance Courses - No later than 10 days after contract award - Found in Section 5.0 of the PWS ITEM 2 - Training Certificates - Delivered to each student no later than 10 days after the completion of each course - Found in Section 5.8 of the PWS ITEM 3 - Course Critiques on Contractor's Performance - No later than 20 days after the conclusion of each course - Found in section 5.7.1 of the PWS. 8.0 PERFORMANCE REQUIREMENTS SUMMARY Performance standards for each task order are as outlined below. Objectives Provide instruction that is acceptable to the Government. Required Services Provide at least satisfactory course(s) and instructor(s) with performance measured by the Course Critique on Contractor Performance form. Performance Standard The Contractor shall achieve a satisfactory or higher rating from 75% of the students attending each course during a contract year. This number will be derived from the course critiques in accordance with PWS 5.7.1. Surveillance Plan 100% COTR surveillance. -------------------- SECTION VI PAST PERFORMANCE DOCUMENT Please see the attached document for this section.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/GACS/HSCG23-12-R-PBF003/listing.html)
 

Place of Performance

Address: Contractor's training facility, United States
 

Record

SN02641735-W 20111221/111219234321-df7c4335b3fd74c142b4ae5688d44317 (fbodaily.com)
 

Source

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

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