PRESOL | U | Gulfstream V Maintenance Training

FBO DAILY ISSUE OF MAY 26, 2012 FBO #3836
SOLICITATION NOTICE

U -- Gulfstream V Maintenance Training

Notice Date: 5/24/2012
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, United States
ZIP Code: 20593-0001
Solicitation Number: HSCG23-12-R-PBF005
Archive Date: 6/19/2012
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: This is a combined synopsis/solicitation for commercial Gulfstream V aircraft maintenance training courses prepared in accordance with the Federal Acquisition Regulation (FAR) Part 12 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-PBF005 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 ordering period. 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 on or before 1400 ET, on June 04, 2012. Due to USCG internet restrictions, electronic mail attachments over 5 MB in size shall not be accepted. Offers shall be limited to 150 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) Commercial courses that specifically meet the needs of the requirements (PWS Sections 5.0-5.6); (2) Course descriptions and outlines of the courses being offered; (3) If the courses being offered do not specifically align with the requirements, or are not offered commercially by an Offeror, the Offeror shall include a detailed narrative as to how the offered courses are technically equivalent in fulfilling the needs of the requirements; (4) A description of the Offeror's facility that includes the address and distance from an airport as well as the required course labs, airplane simulation mock-ups, or repairs stations, maintenance training aids, specialized troubleshooting equipment and software that are designed to be used with the curriculum of each individual course (PWS Sections 4.0-4.2); (5) Any exceptions/assumptions taken with regard to the PWS, or any other aspect of the RFP, and any other information that the Offeror finds necessary and pertinent to their offer; and (6) The small business subcontracting plan or a statement that no subcontracting will take place over the life of the contract. In order to be considered for evaluation, Offerors shall propose for every course to fulfill the Government's requirements. Volume Two Contents: The Offeror shall provide the following in its Volume Two in order to be considered complete: (1) At least three past performance references that are specifically related to the requirements. The references should include the name of the point of contact, a telephone number, and a description of how the reference is related to the Coast Guard's requirements; and (2) If there are no past performance references available, 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 using the structure above including all outlying years; (2) Dun and Bradstreet Number; (3) A statement whether their company is registered in the Central Contractor Registration (CCR) database; and Offerors shall submit each volume as a separate document file. The minimum font size is 12, excluding graphics and tables which may use a font size smaller than 12. All proposals shall be emailed. 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 by May 30, 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 CRITERIA An IDIQ will be awarded to the company determined to represent the overall best value to the USCG. In accordance with FAR 15, the Government will determine the best value using the tradeoff process. The Government reserves the right to award with, or without, discussions. The tradeoff process will lead to an award decision that is made between the following price and non-priced evaluation factors: Factor 1: Technical Approach Factor 2: Relevant Past Performance Factor 3: Socio-Economic Factors Factor 4: Price 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 approach is more important than past performance and socio-economic factors. However, as the technical approach, past performance, and socio-economic factors converge, the price may become more important. For each factor, offerors are required to provide the information described below: Factor 1 - Technical Evaluation: The Government will evaluate each Offeror's technical proposal to determine their capacity to perform all the requirements outlined in the PWS, which will include an evaluation of the following: (1) The courses being offered and how they align to the Governments requirements; (2) The ability of the courses being technically equivalent in fulfilling the needs of the requirements; and (3) The contractor's facility including the required course labs, airplane simulation mock-ups, or repairs stations, maintenance training aids, specialized troubleshooting equipment and software that are designed to be used with the curriculum of each individual course (PWS Sections 4.0-4.2). 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 reserves the right to also consider other ways to evaluate past performance. 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 or other Government reporting systems. 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 by using competition or by using other methods. (End of provision addendum) FAR 52.212-3 - Offeror Representations and Certifications - Commercial Items, Alternate I (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 only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] 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 occurred since its application was submitted. (ii)[_]Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(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 ___________________ ___________________ ___________________ ___________________ [List as necessary] (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) SECTION II ADDITIONAL CONTRACT CLAUSES AND PROVISIONS The following clauses are hereby incorporated by reference: 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) 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) of 52.225-3. __ (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.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, 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) [Reserved]. (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) 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/ (End of clause) The following HSAR clauses are incorporated in full: HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision) 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 Instructions (a) Each invoice shall contain the following information: (1) Contract Number (2) Name of the Contract Specialist or Contracting Officer (3) Invoice Routing Code (IRC) provided in paragraph (b) below. (4) Annotate on the invoice indicating that the contractor represents a Small Business for accelerated payment purposes (5) DUNS number (b) The Coast Guard unique Invoice Routing Code (IRC) for this contract is: CG-9121. (c) Each invoice must be submitted to the designated billing office via one of the following modes listed in descending order of preference: (1) FINCEN Website invoice receipt form: http://www.fincen.CG.mil/centralinv/central_inv_contr.cfm (2) Fax: (757-523-6900) (3) Mailed to: Commercial Invoices U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326 (d) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe.pdf formatted file, or as otherwise specified in the contract. (e) It is mandatory that a copy of the invoice, and all supporting documentation, shall also be e-mailed to the Contract Specialist and the COR at the addresses cited below: Contract Specialist: James Robinson at James.R.Robinson@uscg.mil COR: AETCM Roger Walker at Roger.L.Walker@uscg.mil (f) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received: (1) On the later of: (i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt. (ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or (ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless- a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date; (2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or (3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice. (4) Web-based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice. (5) Payment inquiries and status may be obtained - at the following website: -https://www.fincen.CG.mil/secure/payment.htm (g) The last invoice submitted for this award shall be clearly labeled, "FINAL INVOICE." PERFORMANCE WORK STATEMENT CONTRACTOR TRAINING SUPPORT SERVICES FOR THE U.S. COAST GUARD OFFICE OF AERONAUTICAL ENGINEERING (CG-41) INDEFINITE DELIVERY, INDEFINITE QUANTITY (IDIQ) MAY 24, 2012 1.0 GENERAL 1.1 SCOPE The U.S. Coast Guard (USCG) seeks a contractor to provide training services for maintenance of the USCG's fleet of Gulfstream V (GV) aircraft. 1.2 BACKGROUND The USCG, Office 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 USCG employs a bi-level maintenance structure. This structure consists of depot level maintenance and organizational maintenance. The USCG Aviation Logistics Center located in Elizabeth City, NC coordinates depot level maintenance for all USCG 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 used to transport the Secretary of the Department of Homeland Security, the Commandant of the USCG, and other dignitaries. 1.3 CONTRACTOR PERSONNEL The Contractor shall provide qualified instructor personnel to perform all requirements under each task order awarded under this IDIQ contract. 1.4 PERIOD OF PERFORMANCE The 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. No work shall be performed at any Government site, base, or repair station. 1.6 HOURS OF OPERATION Contractors are free to operate within their normal commercial practices. 1.7 PERFORMANCE REQUIREMENTS SUMMARY All task orders issued under this contract will be performance based and incorporate the Performance Requirements Summary (PRS) outlined in PWS 8.0. In general, the PRS will set forth the expected outcomes (objectives) of the service(s) required of the contractor to attain the objectives and a performance standard per outcome. 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. Therfore, all task orders issued under this contract shall use the PRS outlined in PWS 8.0 unless stated otherwise. The PRS is not an exclusive remedy and the PRS does not preclude the Government from using any other remedy available by law or contract terms. 2.0 GOVERNMENT TERMS AND CONDITIONS 2.1 COR - Contracting Officer's Representative 2.2 GV - Gulfstream V aircraft 2.3 IDIQ - Indefinite Delivery Indefinite Quantity 2.4 KO - Contracting Officer 2.5 OEM Approved Methodologies - Original equipment manufacturer approved and required methodologies for maintaining the Gulfstream V aircraft 2.6 PRS - Performance Requirements Summary 2.7 PWS - Performance Work Statement 2.8 USCG - United States Coast Guard 3.0 GOVERNMENT FURNISHED RESOURCES The Government will not provide any resources. 4.0 CONTRACTOR FURNISHED RESOURCES The Contractor shall furnish a facility with materials, equipment, tools, labor and services necessary to fulfill the requirements of each task order. 4.1 LOCATION OF TRAINING FACILITIES The Contractor is required to provide a training facility that is within 50 miles of an airport. 4.2 FACILITY RESOURCES, FACILITIES, AND EQUIPMENT The Contractor shall furnish a course lab, OEM maintenance publications, maintenance training aids, specialized troubleshooting equipment and software that are designed to be used with the curriculum of each individual course. 4.2.1 The Government desires the contractor to provide access to a GV aircraft for use in training students when applicable. However, access to an aircraft is not required. 5.0 REQUIREMENTS The U.S. Coast Guard (USCG) seeks a contractor to provide instructional services for maintenance of the USCG's fleet of Gulfstream V (GV) aircraft. The Contractor shall provide courses in accordance with PWS 5.1 through 5.6. The courses detailed in PWS 5.1 through 5.6 shall include actual hands-on instruction through the use of the course laboratory simulators, aircraft mock ups, actual aircraft, or aircraft parts. Each course shall not exceed a 5 week calendar period of instruction (including weekends and federal holidays). All courses must be specific to the Gulfstream V airframe. 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, and minor trouble shooting and repair. 5.1.1 The Contractor's course, at a minimum, shall cover the following systems and/or topics: equipment & furnishings, an overall introduction to the avionics of the aircraft, central maintenance systems, electrical power systems, auxiliary power unit, power plant, fire protection, fuel system, ground handling, water/waste, environmental/pressurization, ice & rain protection, oxygen, hydraulics, landing gear, flight controls, structures, and lighting. In addition, the course shall teach the student to interpret and utilize the OEM manuals, publicans, and the wiring manual. 5.1.2 The Contractor's course shall utilize maintenance training devices such as; course laboratory simulators, aircraft mock ups, actual aircraft, or aircraft parts. 5.1.3 Upon completion of the course, students shall be able to demonstrate their 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. 5.2.1 The Contractor's course at a minimum, shall provide instruction on the following aircraft systems: flight guidance panel, electronic display system, radio frequency management unit, weather radar system, HF T/S hex fault codes, flight data recorder, electronic flight information system, ground maintenance testing procedures, radio altimeter system, flight management system, micro air data computer, audio system, auto-throttle system, global positioning system, domestic reduced vertical separation minima, traffic collision avoidance system, inertial reference system, enhanced ground proximity warning system, standby flight instruments. 5.2.2 The Contractor's course shall place an emphasis on developing thorough system knowledge and efficient maintenance practices in accordance with Original Equipment Manufacturer (OEM) maintenance publications. 5.2.3 Upon completion students shall be able to demonstrate their ability to effectively maintain the basic GV aircraft avionics systems. 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. 5.3.1 The Contractor's course, at a minimum, shall cover the following systems: the satellite communication system, TrueNorth System, and Airshow system. 5.3.2 The Contractor's course curriculum shall include component location, maintenance practices, and troubleshooting problems to the BITE level. 5.3.3 The Contractor's course shall incorporate the use of specialized troubleshooting equipment and software. 5.3.4 Upon completion students shall be able to demonstrate their ability to effectively maintain the GV Cabin Communications systems. 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. 5.4.1 The Contractor's course at a minimum, shall utilize OEM approved methodologies to teach standardized thought processes and skills required for in-depth analysis of complex aircraft systems. 5.4.2 The Contractor shall place an emphasis on practical troubleshooting application 5.4.3 Upon completion students shall be able to demonstrate their ability to effectively perform advanced troubleshooting techniques and procedures utilizing the GV maintenance manual and wiring diagrams. 5.5 UPDATED MAINTENANCE PRACTICES The Contractor shall provide a course that provides experienced GV maintenance technicians with information pertaining to the latest OEM updates, improvements, modifications, and service bulletins applicable to the GV. 5.5.1 The Contractor's course shall present the technicians with new field information for the maintenance of the GV aircraft. The Contractor's course shall not be a comprehensive review course. 5.5.2 Upon completion students shall be able to demonstrate their familiarity 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 that provides Maintenance Managers instruction in the following topics: basic familiarization with the aircraft systems focusing on a managerial perspective. 5.6.1 The course shall present instruction to the maintenance manager on how to make decisions regarding aircraft status. 5.7 COURSE EXAMINATIONS Courses shall have an examination that will evaluate the student's performance. 5.8 SCHEDULING Courses shall be scheduled by the COR, only following an issued task order signed by the KO. No course shall be convened prior to the issuance of a task order. 5.9 COURSE EVALUATION QUESTIONNAIRE On the final day of each course, the Contractor shall distribute and collect a course evaluation questionnaire from each student. The questionnaire will use a 1-5 scale that evaluates the course from a student perspective. The questionnaire will also include a comment section and an overall rating selection that measures the Contractor's performance as unsatisfactory, marginal, satisfactory, excellent, or outstanding. 5.10 COURSE COMPLETION The contractor shall provide the COR with a list detailing which students passed the course and which students failed following each course. 5.11 TRAINING CERTIFICATES The Contractor shall provide certificates of completion to each student for each course and a courtesy copy sent to the COR. 6.0 REFERENCES There are no Coast Guard references provided for this requirement. 7.0 DELIVERABLES The Contractor shall consider all items below as having mandatory due dates. Item 1 - PWS Section 5.0 - GV Maintenance Courses - As scheduled between the COR and Contractor Item 2 - PWS Section 5.9 - Course Evaluation Questionnaire - Delivered to the COR no later than 30 days after the completion of each course Item 3 - PWS Section 5.10 - Course Completion - Delivered to the COR no later than 10 days after the completion of each course Item 4 - PWS Section 5.11 - Training Certificates - Delivered to each student no later than 30 days after the completion of each course 8.0 PERFORMANCE REQUIREMENTS SUMMARY Performance standards for each task order are as outlined below: Item 1: Objective: Provide Quality and Effective Instruction Required Service: Provide at least satisfactory course and instructors with performance measured by the course evaluation questionnaire. Performance Standard: The Contractor shall achieve a satisfactory or above rating from the USCG students attending each course (measured by the course evaluation questionnaires) Surveillance Plan: 100% COR surveillance. Item 2: Objective: Provide Satisfactory Instruction. Required Service: Provide satisfactory with performance measured by student pass/fail rate. Performance Standard: The Contractor shall achieve a pass rate of 75% of USCG students attending each course, measured on an annual basis for the date of contract award. Surveillance Plan: 100% COR surveillance. SECTION VI 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.
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U -- Gulfstream V Maintenance Training