Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 08, 2016 FBO #5403
SOLICITATION NOTICE

28 -- CATERPILLAR PARTS FOR MODEL 3516 DIESEL ENGINE FOR CGC ALEX HALEY - SCHEDULE OF ITEMS - PRICES

Notice Date

9/6/2016
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

811310 — Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), USCG Surface Forces Logistics Center (SFLC) Procurement Branch 2, 1301 Clay St., Suite 807N, Oakland, California, 94612-5249, United States
 

ZIP Code

94612-5249
 

Solicitation Number

HSCG85-16-R-P45R31
 

Point of Contact

Valerie S Rivera-Chase, Phone: (510) 637-5972, Ryan R. DelaCruz, Phone: (510)637-5906
 

E-Mail Address

Valerie.S.RiveraChase@uscg.mil, Ryan.R.DelaCruz@uscg.mil
(Valerie.S.RiveraChase@uscg.mil, Ryan.R.DelaCruz@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

SCHEDULE OF ITEMS - PRICES This is a combined synopsis/solicitation HSCG85-16-R-P45R31 for commercial items prepared in accordance with the format in FAR Subpart 12.6, Part 13.5, Test Program for Certain Commercial Items, with the elements of Part 15 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued. Solicitation number HSCG85-16-R-P45R31 is issued as a Request for Proposals. This Request for Proposal incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-89. The NAICS Code applicable to this procurement is 811310 with a size standard of 1000 employees for the requirement. The contract will be awarded on a firm-fixed-price basis. To receive an award, the Contractor must be registered in the System for Award Management (SAM) www.sam.gov. 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. 1. The U.S. Coast Guard, Surface Logistic Centers (SFLC) LRE Product Line intends to award a firm fixed-price contract for the procurement of Caterpillar parts used in support of CGC Alex Haley, a 280' medium endurance cutter, for the repairs of Caterpillar Model 3516 diesel engine. It is anticipated that a contract shall be awarded as a result of this synopsis/solicitation. All parts must be manufactured by Original Equipment Manufacturer (OEM) who currently holds the propriety rights to all technical documentation, Caterpillar, or their authorized distributors.. Market research has revealed that Woodward is the only source that can manufacture the item and ensure compatibility with the existing onboard equipment and conformity to the OEM design and material requirements. Items submitted under this RFQ which are for other than OEM parts will be rejected as non-responsible. Drawings, specifications and technical data proprietary to the OEM cannot be furnished by the Government. 2. Delivery: The Government requires delivery of the listed parts for the 3516 diesel engines by 12 September 2016 but no later than 26 September 2016. The offeror's proposed delivery time shall be included with their proposal. If delivery times differ for individual lines items, please include that information in your proposal. If a proposed delivery time is not provided, the required delivery time shall apply. 3. FOB POINT: Offerors are requested to submit pricing in accordance with FAR 52.247-34, F.O.B. Destination to U.S. Coast Guard, USCGC ALEX HALEY, ATTN: NED Kodiak and MKC Jaime Caban, BLDG 26, Shipping and Receiving, Kodiak, AK 99619. Deliveries are accepted Monday through Friday, 7:00 A.M. through 3:00 P.M., Alaska Standard Time. If proposing F.O.B. ORIGIN shipping terms, offerors shall include estimated shipping cost with their proposal. 4. Final Inspection and Acceptance: Shall take place at the destination after verification and confirmation of no damage during transit. This solicitation incorporates one or more provisions and 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. The full text of a provision or clause may also be accessed electronically at the following link: http://farsite.hill.af.mil/vffara.htm. 5. FAR 52.212-1, Instructions to Offerors - Commercial Items (OCT 2015) is hereby incorporated, by reference, and made part of this solicitation. The following ADDENDA to the provision applies: a. All submissions to this requirement shall reference solicitation number HSCG85-16-P45R31. Proposals must be submitted electronically to Valerie.A.Riverachase@uscg.mil. Proposal is due on 09 September 2016 at 2:00 P.M., Pacific Standard Time. Along with the pricing proposal, delivery and warranty terms, and required technical qualification information, offerors shall provide a valid DUNS, be registered with the System for Award Management (SAM) at www.sam.gov, and shall provide their company's TAX Identification Number (TIN) with their proposal. b. DHS Notice to Offerors: It is DHS policy that pricing for competitive negotiations 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 Other than Certified Cost or Pricing Data (in accordance with FAR 15.403-3) to support price negotiations. c. REQUIRED TECHNICAL QUALIFICATIONS - Offeror shall be the OEM or an authorized dealer for Caterpillar Inc. Authorized dealers shall submit documentation/certification as an authorized agent for the OEM as part of their quote package. Offers submitted by other than the OEM shall include complete and current technical and engineering data (i.e. salient physical, function and performance characteristics) or data verifying that the offered equipment has been satisfactorily manufactured for the Government or OEM in the past. This data must include sufficient information to allow the Coast Guard to evaluate the quote and shall be submitted within 5 calendar days from the date this notice is posted. The Government does not intend to pay for the information that is submitted. d. FAR 52.215-20, Requirements for Certified Cost or Pricing Data and Data Other than Certified Cost or Pricing Data, Alternate IV (Oct 2010) (a) Submission of certified cost or pricing data is not required. (b) If the Contracting Officer determines that discussions regarding the proposed prices are necessary, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market, or other supporting information, including cost summaries, supplier quotes, or verifiable changes in the price of raw materials or components parts, that is adequate for evaluating the reasonableness of the price for this acquisition. e. FAR 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a firm-fixed price contract resulting from this solicitation. f. FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 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 (addressed as follows) by obtaining written and dated acknowledgment of receipt from Valerie Rivera-Chase, U.S. Coast Guard, Surface Forces Logistics Center, 1301 Clay Street, Suite 800N, Oakland, CA 94612-5249. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. 6. FAR 52.212-2 Evaluation - Commercial Item (OCT 2014) is hereby incorporated, by reference, and made part of the solicitation. The following addenda apply: This is a sole source requirement for OEM parts as defined by FAR 6.302-1. Only one (1) award will result from this RFP and competition is limited to the OEM or their authorized distributors; therefore, in accordance with FAR Part 15.002, evaluation factors are not necessary and will not be used. The Government intends to award a contract, resulting from this solicitation, to the lowest priced, technically acceptable offeror. To be technically acceptable, offerors shall conform to the requirements as provided under addendum (1) to FAR 52.212-1, Required Technical Qualifications. The evaluated price will be ascertained by adding together the cost for each line item to achieve a final price for evaluation purposes. Price evaluation will be performed by the Contracting Officer to determine the reasonableness of each proposed price and to determine the Offerors understanding and ability to perform the contract. The Government intends award without discussions. 7. FAR 52.212-3, Offeror Representations and Certifications - Commercial Item (JUL 2016), ALT. 1 (OCT 2014) is hereby incorporated, by reference, and made part of this solicitation. An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. The following provisions are ADDENDA to FAR 52.212-3: a. FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (OCT 2015) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are 0 are not 0 presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have 0 have not 0, 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 public (Federal, State, or local) 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 (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); (C) Are 0 are not 0 presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; (D) Have 0, have not 0, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) 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. (ii) 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. (2) Examples. (i) 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. (ii) 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. (iii) 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. (iv) 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). (ii) The Offeror has 0 has not 0, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, 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). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision) b. 3052.209-79 REPRESENTATION BY CORPORATIONS REGARDING A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW OR UNPAID FEDERAL TAX LIABILITY (FEB 2014) (DHS FAR CLASS DEVIATION 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days. (End of provision) 8. FAR 52.212-4 Contract Terms and Conditions - Commercial Item (MAY 2015) is hereby incorporated, by reference, and made part of this solicitation/contract. The following addenda apply: a. FAR 52.246-1 Contractor Inspection Requirements (APR 1984) The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to the contract requirements, including any applicable technical requirements for specified manufacturer's parts. This clause takes precedence over any Government inspection and testing required in the contract specification, except for specialized inspections or tests specified to be performed solely by the Government. b. FAR 52.246-2, Inspection of Supplies - Fixed Price (APR 1989) c. 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. d. CONTRACTING OFFICER'S AUTHORITY No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. e. CONTRACTOR PERFORMANCE EVALUATION (i) 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. (ii) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 30 days to respond to the SLFC's assessment of its performance entered into CPARS. The contractor's response, if any, will be made part of the CPAR system at https://www.cpars.csd.disa.mil. (iii) 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 customers satisfaction; the contractor's record of integrity and business ethics, and generally, the contractor's business-like concern for the interest of the customer. (iv) 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. f. INVOICE SUBMISSION PROCESS: 1. 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/Services. (A) The Government will make payment under this contract based on a percentage or stage of completion. The Contractor may invoice each contract line item (CLIN) as work progresses. The amount invoiced shall be calculated based on those prices stipulated in the contract Schedule of Supplies/Services as follows: (B) A CLIN may not be invoiced until the percentage complete reaches 25 percent. Future invoices for that CLIN have no limitation as to the percentage of completion required before invoicing. (The minimum percentage of completion (25%) to be reached prior to billing each CLIN may be waived by the Contracting Officer on a case by case basis for large dollar CLINS.) (C) In addition to the information required by FAR 52.212-4 (g) Invoices shall include: 1) Contract Number, Delivery Order/Task 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) Invoice Routing Code (IRC): SFLC-2 7) Indicate Small Business Status 8) 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). 9) The percentage of completion for each CLIN identified; 10) Vessel name; 11) The overall percentage and dollar amount previously billed, currently billed and unbilled; 12) Shipping and Payment Terms; 13) Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice. 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. 2. The Contractor shall forward invoices via e-mail Valerie.s.riverachase@uscg.mil or in person to the Contracting Officer's Representative (COR). 3. The COR shall review and verify invoices, sign the invoice and return the invoice to the Contractor. 4. The Contractor shall complete the Contractor Invoice Submission Form (sample attached). 5. 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 Contractor Invoice Submission Form Directions: Please complete as much information as possible. All blocks in red text are required entries. Note: Web-Invoices are accepted only for Coast Guard Contracts over the Simplified Acquisition Threshold (Document Type 24). THIS WEB FORM IS NOT AN OFFICIAL INVOICE. THE OFFICIAL INVOICE MUST BE ATTACHED Invoice Information Invoice Routing Code: (help) Invoice Number: (help) Contract Number: (help) Invoice Date: (help) BPA Number: (help) Invoice Amount: (help) Delivery/Task Order Number: (help) Discount Terms: % Discount Days: Net Days: (help) Company Information Attachment of Official Invoice Company Name: (help) DUNS: Plus 4: (help) Point of Contact Name: (help) Point of Contact Email: (help) Phone: (help) Fax: (help) Please verify your entry on the next page. Attach invoice and any supporting documentation after verification. • Attachment must be a single PDF file no larger than 3 MB. Grey-scale PDFs are not compatible. This will be our official invoice. Supporting documentation must be combined in the single PDF file or submitted to your contracting office separately via email. • Need help creating a PDF file? Click here for instructions. 6. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this contract is SFLC-2. 7. Visit the U.S. Coast Guard Finance Center Website for instructions regarding invoice attachments. http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm 8. A copy of the invoice and any supporting documentation shall also be e-mailed to the following individuals: Valerie.s.riverachase@uscg.mil Additional work verbally agreed to by the parties that has not yet been incorporated into the contract by modification shall not be included in an invoice. Payments will not be made for any work to which a modification has not been properly executed. Invoices submitted for payment that includes such a request will be reduced by the unmodified amount NOTE: 10% OF THE TOTAL CONTRACT PRICE WILL BE WITHHELD UNTIL ALL DELIVERABLES, REQUIRED BY THE CONTRACT, ARE RECEIVED AND ACCEPTED. FURTHER CONSIDERATIONS WITH INVOICING: 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 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) For inquiries and payment status please visit https://fincen.uscg.mil/secure/payment.htm The Data Universal Numbering System (DUNS) number is the primary identifier in System For Award Management (SAM), (see FAR 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (JUL 2013). Contractors are located and identified in CCR by their DUNS number. Therefore, to facilitate payment, the DUNS number shall be recorded on every invoice submitted to the U.S. Coast Guard. All payments for partial performance rendered by the Government under this contract are based on the assumption that the Contractor will, in good faith, execute and honor all payment terms entered into between it, the Prime Contractor, and any subcontractor thereof in the performance of this contract. The Contractor hereby acknowledges the Government's right to reduce or suspend progress payments based on non-payment in accordance with any payment terms of the subcontract agreement. Any amount deemed not payable will be deducted from the Contractor's invoice. Deducted amounts may be resubmitted on the next invoice for reconsideration. 9. FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (Jun 2016) applies to this acquisition and the following FAR clauses cited in the clause are applicable to this acquisition: 52.203-6 - Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402) 52.204-10 - Reporting Executive Compensation and First-tier Subcontract Awards (Oct 2015) 52.209-6 - Protecting the Government's Interest when subcontracting with Contractors debarred, suspended, or proposed for debarment (Oct 2015) (31 U.S.C. 6101 note) 52.219-8 - Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)) 52.219-28 - Post Award Small Business Program Representation (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 (Feb 2016)(E.O. 13126) 52.222-21 - Prohibition of Segregated Facilities (Apr 2015) 52.222-26 - Equal Opportunity (Apr 2015)(E.O 11246) 52.222-35 - Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212) 52.222-36 - Equal Opportunity for Works with Disabilities (Jul 2014) (29 U.S.C. 793) 52.222-37 - Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (Feb 2016) (38 U.S.C. 4212) 52.222-40 - Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. Chapter 78 and E.O. 13627). Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O. 13627). 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)(E.O. 13513) 52.225-5 - Trade Agreements (Feb 2016)(19 U.S.C.2501, et seq., 19 U.S.C. 3301 note) 52.225-13 - Restrictions on Certain Foreign Purchases (Jun 2008) (Executive Orders, proclamations, and statues 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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). The following clause are ADDENDA TO FAR 52.212-5: a. 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. b. 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. c. Withholding Payment for Non-Delivery of Data (a) If technical data such as plans, drawings, reports, spare parts lists, repair parts lists, or the like, or instruction books (including manuscripts or printer's copy) or any part thereof, are not delivered within the time specified by this contract are deficient upon delivery, the Contracting Officer shall, at his/her discretion, withhold from each invoice a percentage of the contract price in accordance with the following table: When Contract Total Price is Percentage to be withheld is Less than $250,000 10% $250,000 to $1,000,000 5% Over $1,000,000 2% The withholding of any sums pursuant to this clause shall not be construed as, or constitute in any manner, a waiver by the Government of the Contractor's obligation to furnish the data required under this contract. In the event the Contractor fails to furnish these items, the Government shall have those rights and remedies provided by law and pursuant to this contract in addition to, and not in lieu of, the sum withheld in accordance with this clause. d. Marking of Warranted Items: Pursuant to the requirements of FAR 46.706(b)(5), the contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies of the existence of the warranty. Markings may be brief but should include (1) a brief statement that a warranty exists; (2) the substance of the warranty; (3) its duration; and (4) whom to notify if the supplies are found to be defective. For commercial items, the contractor's trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies. e. 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. f. 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) g. HSAR 3052.209-70, Prohibition on Contracts with Corporate Expatriates (Jun 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting more than 50 percent' for at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation: A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: ___It is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; ___It is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or ___It is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/VPLMLCP/HSCG85-16-R-P45R31/listing.html)
 

Place of Performance

Address: USCG, CGC ALEX HALEY, NED KODIAK, BLDG. 26, SHIPPING & RECEIVING, KODIAK, Alaska, 99619, United States

Zip Code: 99619
 

Record

SN04257198-W 20160908/160907173223-3987e2b6696bd28c520f52ebf0ca0391 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
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