Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 10, 2014 FBO #4642
SOLICITATION NOTICE

J -- 225’/175’ Machinery Plant Control and Monitoring System (MPCMS) Technical Support - Performance Work Statement

Notice Date

8/8/2014
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541512 — Computer Systems Design Services
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), USCG Surface Forces Logistics Center (SFLC) Procurement Branch 1, 300 East Main Street, Suite 600, Norfolk, Virginia, 23510-9102, United States
 

ZIP Code

23510-9102
 

Solicitation Number

HSCG85-14-Q-P45M40
 

Archive Date

9/17/2014
 

Point of Contact

Andrew J. Northcutt, Phone: 757-441-7032, Susan A. Kreider, Phone: 7576284644
 

E-Mail Address

andrew.j.northcutt@uscg.mil, susan.a.kreider@uscg.mil
(andrew.j.northcutt@uscg.mil, susan.a.kreider@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

Spreadsheet (Schedule of Supplies and Services) Performance Work Statement COMBINED SYNOPSIS/ SOLICITATION HSCG85-14-Q-P45M40 225'/175' Machinery Plant Control and Monitoring System (MPCMS) Technical Support 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 applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester's concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. 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 electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer. Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed. The Ombudsman Hotline telephone number is 202.372.3695. I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement will be satisfied using 41 U.S.C. 1901, as implemented by FAR Part 13.5, Test Program for Certain Commercial Items. II. This solicitation is a Request for Quotations (RFQ). Solicitation number HSCG85-14-Q-P45M40 is assigned to this procurement for tracking purposes only. III. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular FAC 2005-76. IV. The North American Industry Classification System Code is 541512, with a small business size standard of $27,500,000.00 in average annual receipts. V. The services to be performed are described in the Performance Work Statement (Attachment 1). A list of the contract line item numbers can be found under the Schedule of Supplies/Services (Attachment 2). VI. DESCRIPTION OF THE REQUIREMENT The Contractor shall furnish all such things as necessary to provide the services specified in this Solicitation, the Performance Work Statement (Attachment 1) and the Schedule of Supplies/Services (Attachment 2) for the Surface Forces Logistics Center's (SFLC) Icebreaker Buoy Construction Tender Product Line (IBCTPL) 225'/175' Machinery Plant Control and Maintenance System (MPCMC) Technical Support Services that supports the Coast Guard WLB-225 A class, WLB-225 B class and WLM-175 class vessels. Failure to read the Solicitation and Performance Work Statement in its entirety will not relieve the offeror from the responsibility for properly estimating the difficulty of price of successfully performing the work. Failure to do so will be at the risk of the offeror. All quotes submitted in response to this solicitation shall stand firm for 120 calendar days from the response date of this solicitation. The MPCMS source code is written in ADA 95. The firmware which runs on the RTUs is proprietary and the Government does not have access to the source code. Contract Type: The U.S. Coast Guard Surface Forces Logistics Center intends to award one (1) firm-fixed price requirements contract. The estimates are not a representation to an offeror or contractor that the estimated quantity will be required or ordered. Under this contract, the Coast Guard will issue task orders to the contractor using the prices established in the Schedule of Supplies/Services at time of award. Orders may be issued by mail, e-mail, facsimile, and orally (followed up in writing). The contract will be issued to one (1) contractor found to be most advantageous to the government with the evaluation factors set forth in this solicitation. Period of Performance: The performance period for this requirement includes one base year and four option years. The base period of this requirements contract will begin on approximately 22 September 2014 and end on approximately 21 September 2015. The first year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the base year. The second year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the first option period. The third year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the second option year. The fourth year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the third option year. The contract period of performance will not exceed five (5) years if all option years are unilaterally exercised by the Government in accordance with FAR clause 52-217-9; unless FAR clause 52.217-8 is also unilaterally exercised by the Government to extend the contract for up to an additional six months. Place of Performance: Generally, most required service will be performed aboard the vessel at a Government mooring. In some instances, work aboard the vessel will be necessary while it is moored or dry-docked at a commercial facility, such as a shipyard. Extent of Obligation: The Government is obligated only to the extent of authorized purchases actually made under this Contract. The quantities specified on this solicitation are only an estimate. The Government may order more or less depending on actual needs. Under this Contract the Government is not obligated to purchase any items. Ordering: The U.S. Coast Guard will issue individual delivery/task order(s) for the services outlined in the CLINS above as authorized by the Contracting Officer or the authorized representative of the Contracting Officer. Individual Delivery/Task Orders will be placed on a firm Fixed Price basis, based on the successful quote for each CLIN in the base period and the following option years. Orders may be issued by mail, e-mail, facsimile, and orally (followed up in writing). Individuals Authorized to Place Orders: The U.S. Coast Guard Surface Forces Logistics Center, CPD C&P1, Patrol Boat Product Line (PBPL) and CPD C&P2, Ice Breaker and Bouy & Const Tender (IBCT), are the only contracting offices authorized to place orders against this Contract. These Individuals will be Contracting Officers Susan Kreider, Shavonda Jamison, Andrew Northcutt, Jennifer Blount, Kathy Stark, Natalie Rodriguez and Walter Mack. VIII. FAR 52.212-1, INSTRUCTIONS AND NOTICE TO OFFERORS - COMMERCIAL ITEMS (Apr 2014) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. Addendum QUOTE SUBMISSION Vendors shall submit an electronic copy of your firm's quote to andrew.j.northcutt@uscg.mil. using WinZip software no later than 2 September 2014 at 10:00 AM Eastern Standard Time. All submissions shall include HSCG85-14-Q-P45M40 in the subject line of the email. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation. Late submissions will not be accepted. REQUIRED DOCUMENTS: QUOTE MUST BE SUBMITTED IN THREE SEPARATELY SEALED VOLUMES: 1) Volume 1: Technical - Provide documentation as per the evaluation factors outlined in the evaluation section of this synopsis. 2) Volume 2: Price - Pricing must be submitted separately for Base and Option years for each CLIN on Attachment 2. In addition, offerors must also submit the following: 1. A completed copy of the provision at FAR 52.212-3 Alternate I (MAY 2014). 2. Evidence of Insurance PLEASE NOTE: Quotes must include all documentation requested in this solicitation. Quotes that do not include all requested documentation may be considered incomplete and may not be considered. FAR 52.215-20, REQUIREMENT FOR CERTIFIED COST OR PRICING DATA AND DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010), Alt IV (OCT 2010) (a) Submission of certified cost or pricing data is not required (b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination. FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (JAN 1999) This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. The Government will award an order resulting from this RFQ to the responsible Offeror whose quote conforming to the RFQ will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: (1) Technical Capability and Understanding and (2) Price. Award will be based on the lowest price, technically acceptable quote. The evaluation factors are further broken down into sub-factors as shown below. During evaluations of each quote, the Government will assign each sub-factor shown below an adjective rating and write a narrative evaluation reflecting the sub-factor's strengths and weaknesses. (1) Technical Capability and Understanding The Government will evaluate the Offeror's ability and method of providing all the requirements in the Performance Work Statement (PWS) as identified in their technical proposal. Technical capability and understanding will be rated as to the extent the Offeror can clearly and fully demonstrate that it has a thorough understanding of the requirements and can successfully provide the requirements. Offerors that cannot specifically address their ability and method of providing all the requirements in the Performance Work Statement may not be considered for award. A. Sub-Factor A: Technical Understanding/Approach 1. Technical Capability and Understanding - Quotes will be evaluated for the actual methodology and approach proposed to accomplish the tasks as outlined in the Performance Work Statement, in addition to their overall understanding of the requirements and the RFQ. 2. Documentation provided should demonstrate the ability to perform the Statement of Work. 3. The offeror's understanding of the requirements of the PWS (Performance Work Statement). 4. The methodology that the offeror will use to execute the work. 5. A description of all PWS tasks (performance plan) including but not limited to: • Providing full system grooms, testing and validation • Providing 24/7/365 remote telephone troubleshooting support • Providing Onsite Troubleshooting Support • Providing Circuit Card inspection/testing/analysis and repair/replacement • Providing Engineering Services • Repairing/working on the following onboard MPCMS equipment (hardware and associated software): Engineering Control Center Console, Main Ship Control Console, Port & Starboard Secondary Conning Stations, TANOnet, Remote Terminal Units, Data Logger system, UPS power distribution system, and operator workstations • Conducting appraisals, inspections, reports, repairs and tests on a recurring basis • Providing updates to technical manuals and drawings to document components and system changes • Description of quality assurance measures to ensure product reliability, including a Quality Control Plan • Commercial or other standards utilized to measure compliance with international, federal, state and local law, rules and regulations • Providing engineering services for both hardware and software B. Sub-Factor B: Experience 1. Through the resumes submitted with the quote, the offeror must demonstrate the following: 2. Demonstrate the technicians have a minimum of 3years experience maintaining and troubleshooting similar TANO machinery control systems. 3. Demonstrate the technicians' competency to perform the PWS tasks, including the following: A. Components: VME computers and RTUs, including analog sensors, watchdog timer, switches, relays, batteries, indicators, meters, video display terminals, keyboards, power supplies, RS-232/422/485 serial interface modules, multi-channel analog and digital input & output cards, video graphic modules, and random access memory (RAM) cards. Vital alarm system and engine order telegraph. Personal computers and servers; Ethernet switches and interconnecting networks. B. Software: TANO code (ADA 95) for VME computers and RTU processors. Microsoft Windows operating systems and PC2VME for the data logger personal computer. Note: In evaluating this area of the proposal the offeror is to submit all persons who will be considered for this contract at time of proposal. If there is to be a pool of technicians then they must be submitted and evaluated at the time of proposal. C. Certificates: Proposal demonstrating that the offeror and technicians have access to manufacturer's spare parts and technical data, such as source code, necessary to perform troubleshooting and execute requirements of the PWS. C. Sub-Factor C: Warranty 1. Warranty - Provide details of your commercial warranty and provide the limitations to which they apply to the services rendered. Failure to submit the required supporting documentation with your original quote may render your quote unacceptable and your quote may be rejected. Offerors are required to submit verification in the form of a letter from the authorized distributor or similar written confirmation fully demonstrating that they have the capability to work on, test, and repair TANO machinery control system components, source code, and network, including the ability to procure the required OEM parts for expedited delivery. D. Sub-Factor D: Past Performance Offerors shall furnish the information listed below for at least 3 different contracts that are ongoing or completed within the last three (3) years, are relevant to this requirement (i.e., the same or similar requirement) and are held with government (federal, state, local), private or commercial entities. Note: The Government may use past performance information obtained from any source to evaluate past performance. All information obtained will be used to determine the offeror's ability to perform the contract successfully. Name of Company/Organization: Contract Number: Contract Type/Amount: Period of Performance: Description of Supply or Service: First Point of Contact (Name): Phone Number: E-Mail Address: Second Point of Contact (Name): Phone Number: E-Mail Address: The past performance evaluation will take into account the guidelines outlined at FAR 15.305(a)(2) Past Performance Evaluation. The Contractor's past performance will be evaluated according to the following factors and questions: Quality of Product or Service Did the customer get what was specified? Did the customer consider the final product high in quality? If warranty issues arose, were they promptly corrected? Schedule Was the contract completed on time? If not, reason why not (growth work, Contractor delayed, Government delayed?) Business Relations How was the customer service? Was the Contractor committed to customer satisfaction? Would you use this company again (Why/Why not)? Management of Key Personnel Were subcontracts involved? Comments? In evaluating Contractors past performance, the Government intends to also review U.S. Coast Guard Contractor Performance Reports and other existing past performance ratings on relevant contracts. General trends in a Contractor's performance will also be considered. Those offerors without relevant past performance will not be rated either favorably or unfavorably. They shall be given a rating of "Neutral". Technical Evaluation Sub-Factors A, B and C will be rated as either ACCEPTABLE (the element being assessed does meet contractual requirements) or UNACCEPTABLE (the element being assessed does not meet contractual requirements). Technical Evaluation Sub-Factor D will be rated as either PASS (rating of Marginal or better under the Quality of Product or Service, Schedule, Business Relations or Management of Key Personnel elements used to evaluate Past Performance) or FAIL (Unsatisfactory or Marginal rating under the Quality of Product or Service, Schedule, Business Relations or Management of Key Personnel elements used to evaluate Past Performance). An assessment of Marginal rating will be thoroughly researched and could result in pass or fail depending on the final outcome of the assessment. Technical Evaluation Overall Rating will be rated as either ACCEPTABLE (Acceptable rating for sub-factors A, B and C and Pass Rating for sub-factor D) or UNACCEPTABLE (Unacceptable rating for sub-factors A, B or C and/or Fail Rating for sub-factor D). (2) Price Offeror's price shall represent the best price in response to the request for quotes. The price shall be evaluated to determine fair and reasonableness. Price will be determined by adding the value of the estimated quantities for all items in the schedule of prices to include all option years. Offerors are required to provide prices for all items/CLINs for the Base and all Option Years. All prices on CLINS (Attachment 1) shall be a firm-fixed price. The total of all CLINS, including all option year CLINS, shall be added together to arrive at an aggregate total. TRAVEL AND PER DIEM: Generally, most required service will be performed aboard the vessel at a Government mooring. In some instances, work aboard the vessel will be necessary while it is moored or dry-docked at a commercial facility, such as a shipyard. In order to accomplish these work items, travel and per diem will be determined per task order for all personnel required to accomplish work items covered by this solicitation on a Not To Exceed basis (NTE). The proposed travel and per diem for each task order shall represent total compensation for employees' transportation, lodgings, meals, and incidentals and shall not exceed on a daily basis the maximum rates as set forth in the Federal Travel Regulations, the Joint Travel Regulation, and in the case of Foreign travel, the Standardized Regulations. (i) Federal Travel Regulations, prescribed by the General Services Administration, for travel in the conterminous 48 United States, is available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. (ii) (ii) Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and territories and possessions of the United States, is available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. (iii) Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in by (i) and (ii) of this paragraph, is available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. FAR 52.217-5 Evaluation of Options (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interest, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). INCURRING COSTS The Coast Guard shall not be liable for any cost incurred by the offerors in submitting offers in response to this solicitation, including any site visits by offerors. CHANGES IN SPECIFICATIONS: The right is reserved as the interest of the Government may require, to revise or amend the specifications prior to the date set for opening quotes. Such revisions and amendments, if any, will be announced by amendment or amendments to this solicitation. Copies of such amendments as may be issued will be furnished to all prospective offerors. If the revisions and amendments are of a nature which require material changes in quantities or prices offered, or both, the date set for opening quotess may be postponed by such number of days as in the opinion of the Contracting Officer will enable the offerors to revise their quotes. In such cases, the amendment will include an announcement of the new date for opening quotes. CLARIFICATION OF SPECIFICATIONS AND DATA: Offerors should carefully examine the specifications and fully inform themselves as to all conditions and matters, which can in any way affect the work or the cost thereof. Should an Offeror find discrepancies in, or omission from, the specifications, or other documents, or should he be in doubt as to their meaning, he should at once notify the Contracting Officer. DHS NOTICE TO OFFERORS It is DHS policy that pricing for competitive negotiation should be based on adequate price competition. However, in the event only one responsible offeror is obtained as a result of this solicitation, that offeror may be required to submit Certified Cost or Pricing Data (FAR 5.4003-4) or Data Other than Certified or Pricing Data (FAR 15.403-3) to support price negotiations. FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) (a) Definition. As used in this clause-- "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern. "Registered in the System for Award Management (SAM) database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes- (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. (b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to- (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support he legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract. (3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted- (i) Via the internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov. (End of Clause) X. Offerors must include a completed copy of the provision at FAR 52.212-3 Alternate I (MAY 2014). 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, 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. XI. FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERICIAL ITEMS (MAY 2014) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. ADDENDUM XII. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS- COMMERICIAL ITEMS (JUL 2014) (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)). (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: 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). 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (31 U.S.C. 6101 note). 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313). 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 U.S.C. 637 (d)(4).) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)). 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). 52.222-21, Prohibition of Segregated Facilities (FEB 1999). 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212). 52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). 52.222-54, Employment Eligibility Verification (AUG 2013). (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.) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (AUG 2011). 52.225-1, Buy American Act--Supplies (MAY 2014) (41 U.S.C. 10a-10d). 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (JUL 2013) (31 U.S.C. 3332). XIII. Additional contract requirements: FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporated 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 test of a clause may be accessed electronically at http://farsite.hill.af.mil/. NUMBER TITLE FAR 52.211-15 Defense Priority and Allocation Requirements (APR 2008) DO N5 Rating FAR 52.215-5 Facsimile Proposals (OCT 1997) FAR 52.219-8 Utilization of Small Business Concerns (May 2014) FAR 52.219-9 Small Business Subcontracting Plan (JUL 2013) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995) FAR 52.228-5 Insurance - Work on a Government Installation (JAN 1997) FAR 52.232-18 Availability of Funds (APR 1984) FAR 52.242-2 Production Progress Reports (APR 1991) FAR 52.243-1 Changes-Fixed Price (AUG 1987) FAR 52.245-1 Government Property (APR 2012) FAR 52.245-9 Use and Charges (APR 2012) FAR 52.246-25 Limitation of Liability - Services (FEB 1997) FAR 52.249-4 Termination for Convenience of the Government (Services)(Short From)(APR 1984) HSAR 3052.217-97 Discharge of liens (Dec 2003) HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (Dec 2003) HSAR 3052.242.72 Contracting Officers Technical Representative (DEC 2013) REQUIRED INSURANCE: The Contractor shall, at its own expense, procure and maintain the following kinds of insurance with respect to performance under the contract. In accordance with HSAR 3052.228-70, Insurance (DEC 2003), the Contractor shall furnish the Contracting Officer with proof of insurance for the duration of the contract, including: 1. Comprehensive General Liability - $500,000 per occurrence. 2. Full insurance coverage in accordance with the State's Workmen's Compensation Law (or its equivalent) for all places of performance under this contract. INSPECTIONS: Except as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract. The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation. GROWTH WORK (a) The Contractor shall not perform growth work without the Contracting Officer's authorization. Growth work is work within the scope of the contract, which has not been previously priced as a pre-priced CLIN. The Contracting Officer reserves the right to contract for growth work on the basis of a negotiated, firm, fixed price, when it is in the best interest of the Government. If a firm-fixed price contract is awarded, and during the performance period a repair within scope is identified but the Contracting Officer and Contractor are unable to agree on the cost of the work, a bilateral modification may be incorporated into the contract using a Time and Materials modification for this specific repair. In this situation, FAR 52.212-4, Alternate I will be incorporated. (b) The Contractor shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer, of any proposal submitted for a contract modification. Unless otherwise directed, the breakdown shall be submitted on an SFLC 002 proposal form provided at the arrival conference permitting an analysis of all materials, labor, equipment, subcontract, overhead costs, and profit covering all work involved in the change/modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the proposal includes a request for a time extension, justification shall be furnished with the proposal. (c) This clause is to be used in conjunction with the clause COMPOSITE LABOR RATE incorporated into this solicitation. The Contractor is required to have and/or furnish all tools and equipment incidental to each bench trade. Supplies such as wiping rags, hacksaw blades, sandpaper, welding wire, helium, etc., are also to be furnished by the Contractor. Other materials are to be charged at regular rates and prices currently in effect and as agreed to by the Contracting Officer. Material shall be best commercial quality available except where a precise specification is indicated in which case the specification shall apply, e.g., MILSPEC, FEDERAL SPEC. COMPOSITE LABOR RATE: The composite labor rate offered shall be the sole labor hour rate used to price the Prime Contractor's direct labor hours for contract changes, i.e. growth work. The Contractor shall not receive any compensation in addition to this rate for the Prime Contractor's direct labor associated with such changes under this contract. (a) The composite labor hour rate shall represent total compensation for the following: (1) direct labor wages and salaries; (2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits; (3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment; (4) all indirect costs such as overhead and general and administrative expense; (5) any port or association fees, rents, or other levies; (6) profit (fee); and (7) all direct and indirect costs and profit associated with the following support functions: Supervision and Management Planning and Estimating Material Handling Housekeeping Engineering Transportation/Drivers Quality Assurance Contract Administration Security Testing (b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated. (c) The Quantity of Composite Labor hours indicated in the Schedule of Supplies/Services, is only an estimate and is an Optional Item pursuant to this solicitation. The Estimated Quantity represents the Government's best estimate of the total number of additional hours that may be required throughout the contract. The Government may elect to exceed this value at the prices stated in the schedule and its discretion during performance of the contract. The inclusion of this item does not obligate the Government to exercise the item nor entitle the Contractor to compensation if not exercised. FAR 52.252-6 - Authorized Deviations in Clauses (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. 52.203-17 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause) HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (SEPT 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. __X_3052.209-72 Organizational Conflicts of Interest. ____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause. ____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program. (b) Clauses. ____3052.203-70 Instructions for Contractor Disclosure of Violations. ____3052.204-70 Security Requirements for Unclassified Information Technology Resources. ____3052.204-71 Contractor Employee Access. ____Alternate I _X__3052.205-70 Advertisement, Publicizing Awards, and Releases. ____3052.209-73 Limitation on Future Contracting. ____3052.215-70 Key Personnel or Facilities. ____3052.216-71 Determination of Award Fee. ____3052.216-72 Performance Evaluation Plan. ____3052.216-73 Distribution of Award Fee. ____3052.217-91 Performance. (USCG) ____3052.217-92 Inspection and Manner of Doing Work. (USCG) _X__3052.217-93 Subcontracts. (USCG) ____3052.217-94 Lay Days. (USCG) _X__3052.217-95 Liability and Insurance. (USCG) ____3052.217-96 Title. (USCG) _X__3052.217-97 Discharge of Liens. (USCG) ___3052.217-98 Delays. (USCG) ____3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. _X__3052.217-100 Guarantee. (USCG) ____3052.219-70 Small Business Subcontracting Plan Reporting. ____3052.219-71 DHS Mentor Protégé Program. ____3052.228-70 Insurance. ____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG) ____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG) ____3052.228-92 Fair Market Value of Aircraft. (USCG) ____3052.228-93 Risk and Indemnities. (USCG) ____3052.236-70 Special Provisions for Work at Operating Airports. ____3052.242-72 Contracting Officer's Technical Representative. ____3052.247-70 F.o.B. Origin Information. ____Alternate I ____Alternate II ____3052.247-71 F.o.B. Origin Only. ____3052.247-72 F.o.B. Destination Only. CONTRACT ADMINISTRATION DATA: ADDRESS OF CORRESPONDENCE All correspondence, except as otherwise specified, shall be delivered to the following address: U.S. Coast Guard Surface Forces Logistics Center Contracting and Procurement Branch 1 300 East Main Street, Suite 600 Norfolk, VA 23510-9102 M/F: Contract Number: HSCG85-14-D-P45M40 Delivery Order Number: {To be furnished with each individual delivery order} CONTRACT ADMINISTRATION The Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces Logistics Center, 300 East Main Street, Suite 600, Norfolk, VA 23510-9102 shall be the contract administrator of this contract - Andrew Northcutt, 757-441-7032, Andrew.j.northcutt@uscg.mil. INVOICING REQUIREMENTS: (a) All information set forth in FAR Clause 52.232-25, Prompt Payment, must be included in an invoice for it to constitute a proper invoice. The Contractor shall prepare a proper invoice IAW FAR clause 52.212-4, and in addition to the information required by FAR 52.212-4(g) as cited in the contract. All invoices shall be itemized to correlate to the Schedule of Supplies. All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment. (A) Invoices shall include: 1) Contract Number, Delivery Order Number, DOC Number 2) Name and Address of the Contractor 3) Invoice Number and Invoice Date 4) DUNS Number 5) Name of the Contract Specialist and Contracting Officer's 6) Description, quantity, unit of measure, unit price and extended price 7) Invoice Routing Code (IRC): SFLC -1 8) Indicate Small Business Status 9) Indicate if Final Invoice, the Contractor's final invoice submitted under the contract must be marked as follows: THIS INVOICE CONSTITUTES THE FINAL INVOICE - UPON PAYMENT OF THIS INVOICE NO OTHER MONIES ARE DUE UNDER CONTRACT NUMBER (to be assigned upon contract award). 10) The overall percentage and dollar amount previously billed, currently billed and unbilled, 11) Shipping and Payment Terms 12) Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice. 1. The Contractor shall forward invoices via e-mail ryan.j.campa@uscg.mil to the Contracting Officer's Technical Representative (COR). Copies of the invoice along with any supporting documentation shall also be e-mailed to the contract specialist at andrew.j.northcutt@uscg.mil. 2. The COR shall review and verify invoices, sign the invoice and return the invoice to the Contractor. 3. The Contractor shall complete the Contractor Invoice Submission Form (listed below). 4. The Contractor shall submit the Contractor Invoice Submission Form, a PDF file of the invoice, and any necessary documents for supplies or services via the U.S. Coast Guard Finance Center website at: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm Failure to submit a complete invoice to the office listed above may delay payment of invoices. Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. The Contractor is encouraged to assign an identification number to each invoice. CONTRACT DEFICIENCY REPORT: The Contracting Officer or Contracting Officer's Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor, IBCT Representative and Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL (a) The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer's Representative acting within the limits of their authority. A Contracting Officer's Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority. (b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments. GOVERNMENT REPRESENTATIVES (a) The Government may, upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Representative(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment. (b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, and price or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner. STANDARD COMMERCIAL WARRANTY If the item(s) required in the contract resulting from this solicitation are customarily warranted in the trade by a standard commercial warranty, such warranty shall be incorporated into this contract and thereby provided to the Government at no additional cost. Any standard commercial warranty provided shall be identical to the standard commercial warranty normally offered by the Contractor to the Contractor's most favored customer. Offerors are requested to state the terms and conditions of their standard commercial warranty and attach a copy of the warranty terms with their offer. CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR) (a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror's past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award. (b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 21 days to respond to the SFLC's assessment of its performance entered into CPARS. The contractor's response, if any, will be made part of the CPAR system. (c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor's record of conforming to contract requirements and to standards of good workmanship; the contractor's record of forecasting and controlling costs; the contractor's adherence to contract schedules, including the administrative aspects of performance; the contractor's history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor's record of integrity and business ethics, and generally, the contractor's business-like concern for the interest of the customer. (d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor. FAR 52.216-21 - REQUIREMENTS (OCT 1995) a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion of the last delivery order that is issued before the expiration of this Contract. (End of Clause) FAR 52.216-18 - ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by the issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract effective date through any subsequent option period, if exercised by the government. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only of authorized in the Schedule. (End of Clause) FAR 52.216-19 - ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of $200,000.00. (2) Any order for a combination of items in excess of $1,000,000.00 or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) FAR 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM (MAR 1989) - VARIATION The Government may require the performance of the numbered line items, identified in the Schedule as option items, at the unit prices stated in the Schedule. The option quantities shown in the Schedule are estimates only. The Government has the right to require performance of these items at the quantities deemed necessary. Therefore, the Government may exercise an option item on more than one occasion during the contract performance period. The Contracting Officer will provide initial notification of the exercise of an option either verbally, by facsimile, or both. When time is of the essence, initial notification will be provided verbally followed within 24 hours by a facsimile of confirmation. A contract modification will be executed shortly thereafter to include those options wherein exercise notification was provided. Such options may be exercised at any phase during the contract performance period as stated herein, or any extension of the performance period. To maintain the contract performance period the Contractor shall commence performance of an option item immediately upon receiving initial notification; but, not later than 24 hours thereafter, unless proper sequencing of the work requires a delay in beginning performance of the option. In that case, the option item shall be commenced as soon as proper sequencing permits. The exercise of any option item listed in the Schedule will not normally extend the contract performance period. However, the Contracting Officer may consider a request by the Contractor for contract extension if an option is exercised after 50% of the contract performance period has expired. (End of Clause) FAR 52.217-8 - OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the contractor any time prior to contract expiration. (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 thirty (30) calendar day prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar 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 five (5) years. (End of Clause) FAR 52.246-4 INSPECTION OF SERVICES - FIXED PRICE (AUG 1996) (a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. (c) The Government has the right to inspect and test allservices called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work. (d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. (e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -- (1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) Reduce the contract price to reflect the reduced value of the services performed. (f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -- (1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or (2) Terminate the contract for default. (End of Clause) FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) (a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from Susan A. Kreider: Address: U.S. Coast Guard Surface Forces Logistics Center CPD C&P1 PBPL 300 E. Main Street, Suite 600 Norfolk, VA 23510-9102 (b) The copy of any protest shall be received in the office designated above within one (1) day of filing a protest with the GAO. FAR 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. (End of clause) HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for at least 80 percent each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if awaiver has been applied for, shall be attached to the bid or proposal. FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (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 System for Award Management database via https://www.acquisition.gov (see 52.204-7). FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) This contract is subject to the written approval of the Branch Chief, CPD, C&P1 and shall not be binding until so approved. XIV. FAR 52.211-14 EMERGENCY PREPAREDNESS NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE (APR 2008) Any contract awarded as a result of this solicitation will be [ ] DX rated order; [X] DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. XV. The closing date and time for receipt of quotations is due 2 September 2014 at 10:00 A.M. Eastern Standard Time. Quotes may be submitted electronically to Andrew.j.northcutt@uscg.mil. XVI. FOR INFORMATION REGARDING THE SOLICITATION, CONTACT ANDREW NORTHCUTT AT 757-441-7032 or andrew.j.northcutt@uscg.mil.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/COUSCGMLCA/HSCG85-14-Q-P45M40/listing.html)
 

Place of Performance

Address: Generally, most required service will be performed aboard the vessel at a Government mooring. In some instances, work aboard the vessel will be necessary while it is moored or dry-docked at a commercial facility, such as a shipyard., United States
 

Record

SN03458683-W 20140810/140808235857-92190f6ae4229d6ab8f2456c588958a0 (fbodaily.com)
 

Source

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

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