FBODaily.com | FedBizOpps: MOD | 20 | 87' Shafts Manufacture and Repair

FBO DAILY - FEDBIZOPPS ISSUE OF NOVEMBER 25, 2016 FBO #5481
MODIFICATION

20 -- 87' Shafts Manufacture and Repair

Notice Date: 11/23/2016
Notice Type: Modification/Amendment
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 1, 300 East Main Street, Suite 600, Norfolk, Virginia, 23510-9102, United States
ZIP Code: 23510-9102
Solicitation Number: HSCG40-17-Q-19001
Point of Contact: Erika R. Wallace, Phone: 4107626231
E-Mail Address: erika.r.wallace@uscg.mil
(erika.r.wallace@uscg.mil)
Small Business Set-Aside: Total Small Business
Description: COMBINED SYNOPSIS/SOLICITATION NUMBER HSCG40-17-Q-19001 87' PATROL BOAT PROPULSION SHAFTS REPAIR AND MANUFACTURE ________________________________________ 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. 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 to: DEPARTMENT OF HOMELAND SECURITY UNITED STATES COAST GUARD (CG-91) OMBUDSMAN PROGRAM FOR AGENCY PROTESTS EMAIL: OPAP@uscg.mil Fax: 202-372-8447 Phone: 202-475-5786 More information about the Ombudsman Program for Agency Protests (OPAP) can be found at http://www.uscg.mil/acquisition/business/ombudsman.asp Alternative Point of Contact: United States Coast Guard Surface Forces Logistics Center Contracting Officer: Jennifer Lucas 2401 Hawkins Point RD Baltimore, MD 21226-5000 Email: Jennifer.B.Lucas@uscg.mil COMBINED SYNOPSIS/SOLICITATION NUMBER HSCG40-17-Q-19001 87' PATROL BOAT PROPULSION SHAFTS REPAIR AND MANUFACTURE Period of Performance: April 2017 - March 2022 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 FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. II. This solicitation is a request for quotations (RFQ). Solicitation Number HSCG40-17-Q-19001 is assigned to this procurement for tracking purposes only. III. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular (FAC) 2005-91. IV. This requirement is a small business set-aside. The North American Industry Classification System (NAICS) Code is 811310, with a small business size standard of 500 employees. V. A list of the contract line item numbers (CLINs), items, estimated quantities and units of measure to be acquired for the base year and four (4) option years can be found in Attachment I: Schedule of Supplies and Prices. Insert unit and total price in U.S. Dollars for all CLINs listed in the Schedule. Unit prices shall include shipping costs, free on board (F.O.B.) Destination and the cost of packaging, marking and bar-coding. (Note: the Extended Price column and Extended Total should automatically calculate and populate.) See Attachment I: Schedule of Supplies and Prices ITEM DESCRIPTION NSN QTY Shaft, Propulsion 2010-01-458-9175 Per Contract Shipping Crate Reusable N/A Per Contract VI. DESCRIPTION OF THE REQUIREMENT The United States Coast Guard Surface Forces Logistics Center Patrol Boat Product Line has a requirement to repair and manufacture of propulsion shafts for the 87' Coastal Patrol Boats. This requirement will require the offeror to provide all equipment, labor and materials necessary to repair, manufacture, test, inspect, preserve, package, pack, mark, correctly bar-code and ship propulsion shafts applicable to the U.S. Coast Guard 87' WPB Coastal Patrol Boats in accordance with applicable drawings and other specifications. Failure to read the specifications in its entirety will not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offeror's risk. All quotes submitted in response to this solicitation shall stand firm for 120 calendar days from the date specified in this solicitation for receipt of quotes. The propulsion shafts are to be Repaired, Manufactured, Packaged, Marked, and Shipped F.O.B. Destination in according with USCG Specification P-243-0618 Rev. A dated 8/6/2014 and Coast Guard Drawing USCG DWG. 87 WPB 243-050 Rev. - Propulsion Shaft: Single Sheet Detail and USCG DWG. 87 WPB 243-001 - Propulsion Shaft Details (Available Upon Request, Company must be listed in the Defense Logistics Agency Joint Certification Program database in order to receive drawing). Contract Type: The USCG, Surface Forces Logistics Center (SFLC) intends to award a single firm fixed-price, requirements contract. Under this contract, the USCG will issue delivery orders to the contractor. Delivery orders may be issued by mail, e-mail, facsimile and orally (followed-up in writing). Period of Performance: The performance period for this requirement includes one (1) base year and four (4) option years. The base period of this requirements contract will begin on the date of award and continue for twelve months thereafter. 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. Place of Performance: Contractor's facility. 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. Ordering: The U.S. Coast Guard will issue individual delivery/task order(s) for the services outlined in the CLINs attached as authorized by the Contracting Officer or the authorized representative of the Contracting Officer. 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 is the only contracting office authorized to place orders against this Contract. Inspection and Acceptance: The Contractor shall submit a detail inspection report of the dimensional inspection and test results to the Contract Specialist to request an inspection by the Quality Assurance Representative. The inspection shall be conducted in accordance with the Specification P-243-0618 Rev. A dated 8/6/2014 and Coast Guard Drawing USCG DWG. 87 WPB 243-050 Rev. - Propulsion Shaft: Single Sheet Detail and USCG DWG. 87 WPB 243-001 - Propulsion Shaft Details (Available Upon Request, Company must be listed in the Defense Logistics Agency Joint Certification Program database in order to receive drawing). Inspection shall take place at origin by a Government Quality Assurance (QA) representative. Contractor shall furnish to the Contracting Officer advance notification when the supplies or services furnished in accordance with this contract are ready for Government inspection. This advance notification may be made by e-mail and shall not be less than ten (10) working days within the United States and not less than forty-five (45) days if outside of the United States, prior to inspection. 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 contract requirements, prior to QA Inspection. Final acceptance shall be made by a Government representative at destination. Acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the preservation, packaging, and marking requirements of Specification P-243-0618 Rev. A dated 8/6/2014 and Coast Guard Drawing USCG DWG. 87 WPB 243-050 Rev. - Propulsion Shaft: Single Sheet Detail and USCG DWG. 87 WPB 243-001 - Propulsion Shaft Details Plant Inspection: Government Personnel as designated by SFLC Quality Assurance Branch will perform Inspection at Contractor's Plant located at (Enter your information here): ______________________________________________________________________________ ______________________________________________________________________________ Contractor shall provide and maintain an inspection system acceptable to the Government. VII. FAR 52.211-8 TIME OF DELIVERY (JUN 1997) a) The Government REQUIRES delivery to be made according to the following schedule: REQUIRED DELIVERY SCHEDULE CLINs DESCRIPTION EST. QTY/UNIT WITHIN DAYS AFTER DATE OF CONTRACT 0001 Manufacture new propulsion shaft which include material certifications, keys, new shipping container, QA inspection, PP&M and shipping to Baltimore, MD in accordance with specification P-243-0618, section 3.1. 10 Within 75 days of issuance of delivery order. 0002 For Approval, Certifications of material conformance 10 Within 20 days of delivery order due date 0003 CG Review 0004 For Approval, Condition Found Report, Inspection, and Cost Estimate for shaft and shipping crate repair in accordance with specification P-243-0618 section 3.2. Coast Guard review and approval of all CFRs and Inspection Reports. Cost to package, pack, mark and deliver to Baltimore, MD any shaft not being repaired in accordance with specification P-243-0618 section 3.2.2. As required As required As required Within 10 days of receipt of GFP. 5 Calendar days Within 20 days of completion of CLIN 0002. 0005 (Optional) Cost - Weld Repairs: General (non-bearing areas) - 3 cubic inch increment (based on 1/8" deep areas to repair, 1" length, 360° undercut as required by MILSPEC). As required Within 10 days of receipt of GFP as part of CLIN 0002. 0006 (Optional) Cost - Weld Repairs: Aft bearing repair (entire area) - 18 cubic inch increment (based on 1/16" deep area to repair, full bearing length, 360° around). As required Within 10 days of receipt of GFP as part of CLIN 0002. 0007 (Optional) Cost - Weld Repairs: Intermediate bearing repair (entire area) - 12 cubic inch increment (based on 1/16" deep area to repair, full bearing length, 360° around). As required Within 10 days of receipt of GFP as part of CLIN 0002. 0008 0009 CG Review 0010 0011 QA Inspection 0012 (Optional) Cold Straightening: Cost estimate (CFR) to cold straighten shafts as necessary in accordance with specification P-243-0618. Cost to blue fit, package, pack, mark, bar-code and ship to Baltimore, MD refurbished propulsion shafts in accordance with specification P-243-0618. Coast Guard review and approval of all CFRs and Inspection Reports. Cost to manufacture (1) propeller end and (1) coupling end key per specification P-243-0618. For Approval, Final inspection and test report on each manufactured or repaired Propulsion Shaft in accordance with specification P-243-0618. Coast Guard Quality Assurance Inspection at Contractors facility (Optional) Cost to manufacture new shipping crate as required in accordance with specification P-243-0618 section 5.1. As required As Required As required As required As required As required As required Within 10 days of receipt of GFP as part of CLIN 0002. Cost to blue fit, package, pack, mark, bar-code and ship to Baltimore, MD refurbished propulsion shafts in accordance with specification P-243-0618. 5 Calendar days Within 10 days of receipt of GFP as part of CLIN 0002. Within 75 days of issuance of delivery order for CLIN 0001. Within 60 days of receipt of GFP CLIN 0002. Schedule within 5 Calendar days of final report approval Within 10 days of receipt of GFP as part of CLIN 0002. **NOTE: PARTIAL SHIPMENTS SHALL BE ACCEPTED** The Government will evaluate quotes that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the required delivery period specified above may be considered unacceptable and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply. OFFEROR'S PROPOSED DELIVERY SCHEDULE CLINs DESCRIPTION EST. QTY/UNIT WITHIN DAYS AFTER DATE OF CONTRACT 0001 Manufacture new propulsion shaft which include material certifications, keys, new shipping container, QA inspection, PP&M and shipping to Baltimore, MD in accordance with specification P-243-0618, section 3.1. 10 Within __ days of issuance of delivery order. 0002 For Approval, Certifications of material conformance 10 Within __ days of delivery order due date 0003 CG Review 0004 For Approval, Condition Found Report, Inspection, and Cost Estimate for shaft and shipping crate repair in accordance with specification P-243-0618 section 3.2. Coast Guard review and approval of all CFRs and Inspection Reports. Cost to package, pack, mark and deliver to Baltimore, MD any shaft not being repaired in accordance with specification P-243-0618 section 3.2.2. As required As required As required Within __ days of receipt of GFP. __ Calendar days Within __ days of completion of CLIN 0002. 0005 (Optional) Cost - Weld Repairs: General (non-bearing areas) - 3 cubic inch increment (based on 1/8" deep areas to repair, 1" length, 360° undercut as required by MILSPEC). As required Within__ days of receipt of GFP as part of CLIN 0002. 0006 (Optional) Cost - Weld Repairs: Aft bearing repair (entire area) - 18 cubic inch increment (based on 1/16" deep area to repair, full bearing length, 360° around). As required Within __ days of receipt of GFP as part of CLIN 0002. 0007 (Optional) Cost - Weld Repairs: Intermediate bearing repair (entire area) - 12 cubic inch increment (based on 1/16" deep area to repair, full bearing length, 360° around). As required Within __ days of receipt of GFP as part of CLIN 0002. 0008 0009 CG Review 0010 0011 QA Inspection 0012 (Optional) Cold Straightening: Cost estimate (CFR) to cold straighten shafts as necessary in accordance with specification P-243-0618. Cost to blue fit, package, pack, mark, bar-code and ship to Baltimore, MD refurbished propulsion shafts in accordance with specification P-243-0618. Coast Guard review and approval of all CFRs and Inspection Reports. Cost to manufacture (1) propeller end and (1) coupling end key per specification P-243-0618. For Approval, Final inspection and test report on each manufactured or repaired Propulsion Shaft in accordance with specification P-243-0618. Coast Guard Quality Assurance Inspection at Contractors facility (Optional) Cost to manufacture new shipping crate as required in accordance with specification P-243-0618 section 5.1. As required As Required As required As required As required As required As required Within __ days of receipt of GFP as part of CLIN 0002. Cost to blue fit, package, pack, mark, bar-code and ship to Baltimore, MD refurbished propulsion shafts in accordance with specification P-243-0618. __ Calendar days Within __ days of receipt of GFP as part of CLIN 0002. Within __days of issuance of delivery order for CLIN 0001. Within __ days of receipt of GFP CLIN 0002. Schedule within __Calendar days of final report approval Within __ days of receipt of GFP as part of CLIN 0002. (b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date; the offer will be considered nonresponsive and rejected. (End of Clause) PLACE OF DELIVERY - DESTINATION Upon receipt of authorization from the Contracting Officer to ship the items, all items shall be shipped F.O.B. Destination. (a) Destination delivery addresses will be provided on each individually funded delivery order. At times, parts may be required to be direct delivered to a Coast Guard Cutter's homeport, or shipped to the U.S. Coast Guard, Surface Force Logistics Center, Warehouse (address provided below): U.S. Coast Guard Surface Forces Logistics Center Contracting and Procurement Branch 1 2401 Hawkins Point Rd Receiving Room, Bldg. 88 Baltimore MD, 21226-5000 M/F: Contract Number/Delivery Order Number: {To be furnished at the time of award} Inspection will occur at the offeror's facility. These items require 100% quality assurance inspection at the offeror's location. Acceptance and authorization to ship will be provided by the Contracting Officer or authorized representative. VIII. FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (OCT 2015) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. (ADDENDUM) A. To ensure timely and equitable evaluation of the quotation, vendors must follow the instructions contained herein. The quotation must be complete, self-sufficient and respond directly to the requirements of this solicitation. B. The contracting officer has determined there is a probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional data will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit cost and pricing data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price. C. Quote Submission Requirements: Submit signed and dated quotes via email or U.S. Postal Service (Fed Ex is acceptable as well) to Erika R. Wallace at; COMMANDING OFFICER ATTN: ERIKA R. WALLACE USCG SURFACE FORCES LOGISTICS CENTER (CPD-C&P1-PBPL) 2401 HAWKINS POINT ROAD, BLDG 31 LL BALTIMORE, MD 21226 Erika.R.Wallace@uscg.mil Offerors are required to submit quotes as follows: Volume I  Administrative/Price Submission At a minimum, quotations must include: 1) Completed Schedule of Supplies and Prices 2) The Company Name, Company Address 3) Point of Contact Name, Telephone Number and E-mail Address 4) DUNS Number 5) Acknowledgment of Solicitation Amendments 6) Certifications  52.212-3, Offeror Representations and Certifications  Commercial Items Volume II Technical Submissions (Maximum of 20 pages) 1) Technical Plan that provides a clear understanding and certification that their proposed solution complies with the technical requirements as stated in the specification and the Request for Quote. Offeror shall demonstrate a professional approach to the logistics required to manufacture, test, package, pack, mark, bar-code and ship various amounts as required per Coast Guard specification P-243-0618, dated 05/11. 2) Past Performance (Qualifications and Experience) 3) Delivery Schedule 4) Warranty Information - Standard Manufacturer's Warranty, see Warranty section of this solicitation on page 56 Offerors must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items, with its offer. Questions are due no later than Tuesday 15 November 2016, by 2:00 EST. All submissions shall include the Solicitation Number, HSCG40-17-Q-19001, in the subject line of the email. All vendors submitting quotations must be registered and active in the System for Award Management (SAM), website location https://www.sam.gov, at time of submittal. If you are not actively registered in SAM, your quotation may not be considered. Late submissions will not be accepted. QUOTE SUBMITTAL INSTRUCTIONS The Quote shall be submitted in two separate files or envelopes as follows: (a) One file or envelope shall contain Volume I  Administrative/Price Submission as described in paragraph titled Quote Submission Requirements and must be clearly marked "Administrative/Price Submission Price Submission, RFQ # HSCG40-17-Q-19001" (b) The second file or envelope shall contain Volume II Technical as described in paragraph titled Quote Submission Requirements and must be clearly marked " Technical Submissions, RFQ # HSCG40-17-Q-19001" 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 Data Other Than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations. IX. FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014) (ADDENDUM) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Factor 1 - Technical Plan for 87' WPB Propulsion Shaft Manufacture - 20 page maximum Factor 2 - Past Performance Factor 3 - Cost/Price Technical and past performance when combined, are more important when compared to price. Evaluation Criteria: The evaluation will be based on a complete assessment of the Offerors' quote, which includes a Technical Plan, Past Performance, and Cost/Price, in this order. The combination of non-price factors, Technical Plan and Past Performance, are more important than Cost/Price. The Government intends to evaluate quotations and award a contract without discussions. Therefore, the initial quotation should contain the vendor's best terms from a cost standpoint and all other factors being considered. The Government reserves the right to seek information clarifying any element of a quotation prior to award without discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines it necessary. FACTOR 1: TECHNICAL PLAN: The Offeror shall provide a written technical plan with a clear understanding and certification that their proposed solution complies with the technical requirements as stated in the specification and the Request for Quote. Offeror shall demonstrate a professional approach to the logistics required to manufacture, repair, test, package, pack, mark and bar-code and ship Shafts of various amounts as required per Coast Guard specification P-243-0618 Rev. A, dated 06 August 2014. The Technical Evaluation Team will evaluate the quality of each offeror's technical plans for both the Manufacture and Repair of the Propulsion Shafts, utilizing an Adjectival Rated Evaluation Factor Evaluator Worksheet. The TET should complete one worksheet for the manufacture of the propulsion shaft and a separate worksheet for the repair. The assessment of the offeror's technical plans will be used to evaluate the relative capability of the offeror's to successfully meet the requirements in the specification. MANUFACTURE OF THE 87' WPB PROPULSION SHAFT The offeror shall provide a written technical plan with a clear understanding and certification that their proposed solution complies with the technical requirements as stated in the specification and the Request for Quote. The offeror shall demonstrate a professional approach to the logistics required to manufacture, test, package, pack, mark, bar-code, and ship shafts of various amounts as required per Coast Guard specification P-243-0618 Rev. A, dated 06 August 2014. Offeror will be rated on their ability to perform the following elements. Please provide and explanation as to how your company will meet the below requirements for manufacture: a. (Specification Paragraph 1.3) - Offeror has secure facility of sufficient size to house all Government Furnished Property (GFP). Please provide an explanation and details. b. (Specification Section 2.0) - Offeror demonstrates that they are legally able to procure or possess all required drawings and technical publications or have updated copies available at their facility. c. (Specification Section 3.1) - Offeror has the required machinery to machine, straighten, inspect and test the requested propulsion shafting and manufacture shaft keys. d. (Specification Paragraph 3.1.1) - Offeror has the ability to stamp shaft identification numbers on the shaft coupling face end. e. (Specification Paragraph 3.1.2) - Offeror has the ability to acquire and machine the shaft material including providing certification of material conformance. f. (Specification Paragraph 3.1.3) - Offeror has the ability to meet all tolerance requirements. g. (Specification Paragraph 3.1.4) - Offeror has the ability to meet deviation requirements and document. h. (Specification Section 3.3) - Offeror has the ability to meet the runout, concentricity, eccentricity inspection requirements. i. (Specification Paragraph 3.4) - Offeror has the ability to meet the taper inspection blue-fit requirements. j. (Specification Paragraph 3.5) - Offeror has the ability to meet the straightening requirements, cold-press method. k. (Specification Paragraph 3.6) - Offeror has the ability to meet the surface finish requirements per specification. l. (Specification Paragraph 3.7) - Offeror has the ability to provide detailed final inspection and test reports. m. (Specification Paragraph 4.1.1) - Offeror maintains an equipment calibration process traceable to National Standards as required. n. (Specification Paragraph 4.1.2) - Offeror has the personnel and ability to conduct Quality Assurance inspection and testing separate from normal shop work activities with Coast Guard QA personnel as required. o. (Specification Section 5.0) - Offeror has the ability to preserve, pack, package, mark and bar-code GFP as required. p. (Specification Paragraph 5.1) - Offeror has the ability to provide a new shipping crate if required. q. (Specification Paragraph 5.4) - Offeror has the ability to meet the common carrier requirements as listed. REPAIR OF THE THE 87' WPB PROPULSION SHAFT Offeror will be rated on their ability to perform the following elements. Please provide an explanation as to how your company will meet the below requirements for repair: a. (Specification Paragraph 1.3) - Offeror has secure facility of sufficient size to house all Government Furnished Property (GFP). Please provide an explanation and details. b. (Specification Section 2.0) - The Offeror has demonstrated that they are legally able to procure or possess all required drawings and technical publications or have updated copies available at their facility. c. (Specification Section 3.2) -Offeror has the required machinery and handling equipment and ability to complete initial inspections, provide a detailed inspection and test report, machine and repair propulsion shafting as required. d. (Specification Paragraph 3.2.3) - Offeror has the ability to meet deviation requirements and document. e. (Specification Paragraph 3.2.4) - Offeror has the ability to complete dye penetrant testing and document results. f. (Specification Paragraph 3.2.4) - Offeror has the ability to provide qualified welders and complete weld repairs per requirements as required. g. (Specification Section 3.2.5) - Offeror has the ability to manufacture shaft keys as required. h. (Specification Section 3.3) - Offeror has the ability to meet the runout, concentricity, eccentricity inspection requirements. i. (Specification Paragraph 3.4) - Offeror has the ability to meet the taper inspection blue-fit requirements. j. (Specification Paragraph 3.5) - Offeror has the ability to meet the straightening requirements, cold-press method. k. (Specification Paragraph 3.6) - Offeror has the ability to meet the surface finish requirements. l. (Specification Paragraph 3.7) - Offeror has the ability to provide detailed final inspection and test reports. m. (Specification Paragraph 4.1.1) - Offeror maintains an equipment calibration process traceable to National Standards as required. n. (Specification Paragraph 4.1.2) - Offeror has the ability to conduct Quality Assurance inspection and testing separate from normal shop work activities with Coast Guard QA personnel as required. o. (Specification Section 5.0) - Offeror has the ability to preserve, pack, package, mark and bar-code GFP as required. p. (Specification Paragraph 5.1) - Offeror has the ability to provide a new shipping crate if required. q. (Specification Paragraph 5.4) - Offeror has the ability to meet the common carrier requirements as listed. FACTOR #2 PAST PERFORMANCE: Quotations shall list at least two (2) contracts completed within the last three (3) years from the posting date of this solicitation as evidence of experience successfully manufacturing and shipping the parts listed in Attachment I Schedule of Supplies and Prices. Contracts listed may include those entered into by the Federal Government, agencies of state and local governments, foreign governments and commercial customers. References other than those provided by the vendor may be contacted by the Government to obtain additional information that shall be used in the evaluation of the vendor's past performance. The Government may waive the submission of past performance information by the vendor if adequate data already exists on file within this office. 1. Contract Number and Project Location 2. Type and Size of Facility 3. Total Contract Value (Original and Final) 4. Contracting Officer Name and Phone Number 5. Contract Description 6. Contract Type (Firm Fixed-Price, IDIQ, Requirements, Cost Type) 7. Required Completion Date for the Contract/Delivery or Task Orders 8. Date the Contract/Delivery or Task Orders were Actually Completed 9. Project Manager 10. Quality Assurance Manager 11. Percent Performed by Subs Each offerors past performance will be evaluated according to the following factors -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 offerors past performance, the government intends to review U.S. Coast Guard Contractor Performance Assessment Reports and other existing past performance rating on relevant contracts. General trends in an offerors performance will also be considered. The offerors shall include past performance information for any teaming partners to be utilized during performance and must be relevant to the scope of work they may perform under the Requirements Contract resulting from this solicitation. References other than those provided by the Offeror may be provided by the Government to obtain additional information that will be used in the evaluation of the offeror's past performance such as government databases and internal organization. Offerors lacking relevant past performance history will receive a Neutral Rating for past performance. The offeror will be evaluated neither favorably nor unfavorably on past performance. Relevant Past Performance history will be rated higher than Neutral past performance. FACTOR #3 COST/PRICE: The price shall represent the best price in response to the request for quote. The price shall be evaluated to determine fairness and reasonableness. Vendors are required to provide prices for all items/CLINs for the Base and all Option years. All prices on CLINs (Attachment I Schedule of Supplies and Prices) shall be firm fixed-price with the cost of packaging, marking and bar-coding along with shipping, F.O.B. Destination, included in the cost of the parts. The total of all CLINs will be added together to arrive at an aggregate total. (Note that the Extended Price column and Extended Total should automatically calculate and populate if entering the amounts directly into the spreadsheets.) Offerors must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items, with its offer. The Government intends to evaluate quotations and award a contract without discussions. Therefore, the initial quotation should contain the vendor's best terms from a cost standpoint and all other factors being considered. The Government reserves the right to seek information clarifying any element of a quotation prior to award without discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines it necessary. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful vendor within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) BASIS FOR AWARD The Government will award one (1) Requirements contract to the Offeror's determined to provide the best value on the basis of all non-price and price related factors. The evaluation of quotes submitted in response to this solicitation shall be conducted on a source selection basis utilizing a "tradeoff" process to obtain the best value to the Government. As part of the tradeoff determination, the relative strengths, weaknesses and risks of each quote shall be considered in selecting the offer that is most advantageous and represents the best overall value to the Government. A trade off will be made between cost and non-cost factors permitting acceptance of other than the lowest price offer. In determining best value, the total cost/price, including options and other cost factors is considered to be less important than technical merit. Past performance is considered to be of equal importance to technical merit. However, the closer the merits of the combination of the Technical Plan and Past Performance are to one another, the greater will be the importance of price in making the award determination. In the event that two or more technical plan and past performance reports are determined equivalent, award may be made to the lower price quote provided the price is reasonable and realistic. The Government intends to award contracts based on the initial offers and without discussions, although clarifications (as defined in FAR 15.306(a)) may be needed. If discussions are held, the Government will conduct discussions with all firms that have been found to be responsive and request final proposal revisions. X. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (OCT 2016) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (s) of this provision. (a) Definitions. As used in this provision-- Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Civil judgment" means-- (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. (2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces. "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are-- (1) Department of Labor Wage and Hour Division (WHD) for-- (i) The Fair Labor Standards Act; (ii) The Migrant and Seasonal Agricultural Worker Protection Act; (iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v) The Family and Medical Leave Act; and (vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (2) Department of Labor Occupational Safety and Health Administration (OSHA) for-- (i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans; (4) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-- (i) Section 503 of the Rehabilitation Act of 1973; (ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity); (5) National Labor Relations Board (NLRB) for the National Labor Relations Act; and (6) Equal Employment Opportunity Commission (EEOC) for-- (i) Title VII of the Civil Rights Act of 1964; (ii) The Americans with Disabilities Act of 1990; (iii) The Age Discrimination in Employment Act of 1967; and (iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act). "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters. Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "Labor laws" means the following labor laws and E.O.s: (1) The Fair Labor Standards Act. (2) The Occupational Safety and Health Act (OSHA) of 1970. (3) The Migrant and Seasonal Agricultural Worker Protection Act. (4) The National Labor Relations Act. (5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). (8) Section 503 of the Rehabilitation Act of 1973. (9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. (10) The Family and Medical Leave Act. (11) Title VII of the Civil Rights Act of 1964. (12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967. (14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors). (15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html). Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws". "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (s) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration,and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American - Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [_] TIN:_____________________. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other ____________________. (5) Common parent. [_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The offeror represents that- (i) It [ ] is, [ ] is not an inverted domestic corporation; and (ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation. (1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code:_____________________________________________ Immediate owner legal name:______________________________________________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest level owner CAGE code:_____________________________________________ Highest level owner legal name:______________________________________________ (Do not use a "doing business as" name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that- (i) 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 and agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that-- (i) 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; and (ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code ______(or mark "Unknown). Predecessor legal name: _________________________. (Do not use a "doing business as" name). Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. (s) Representation regarding compliance with labor laws (Executive Order 13673). If the offeror is a joint venture that is not itself a separate legal entity, each concern participating in the joint venture shall separately comply with the requirements of this provision. (1)(i) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror [ ] does [ ] does not anticipate submitting an offer with an estimated contract value of greater than $50 million. (ii) For solicitations issued after April 24, 2017: The Offeror [ ] does [ ] does not anticipate submitting an offer with an estimated contract value of greater than $500,000. (2) If the Offeror checked ``does'' in paragraph (s)(1)(i) or (ii) of this provision, the Offeror represents to the best of the Offeror's knowledge and belief [Offeror to check appropriate block]: [ ](i) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the offeror (see definitions in paragraph (a) of this section) during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter; or [ ](ii) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter. (3)(i) If the box at paragraph (s)(2)(ii) of this provision is checked and the Contracting Officer has initiated a responsibility determination and has requested additional information, the Offeror shall provide-- (A) The following information for each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov, unless the information is already current, accurate, and complete in SAM. This information will be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS): (1) The labor law violated. (2) The case number, inspection number, charge number, docket number, or other unique identification number. (3) The date rendered. (4) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision; (B) The administrative merits determination, arbitral award or decision, or civil judgment document, to the Contracting Officer, if the Contracting Officer requires it; (C) In SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating factors and remedial measures such as offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This information will not be made public unless the contractor determines that it wants the information to be made public; and (D) The information in paragraphs (s)(3)(i)(A) and (s)(3)(i)(C) of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration (see FAR 4.1102(a)). (ii)(A) The Contracting Officer will consider all information provided under (s)(3)(i) of this provision as part of making a responsibility determination. (B) A representation that any labor law decision(s) were rendered against the Offeror will not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (C) The representation in paragraph (s)(2) 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 representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in FAR 12.403. (4) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its representation at paragraph (s)(2) of this provision is no longer accurate. (5) The representation in paragraph (s)(2) of this provision will be public information in the Federal Awardee Performance and Integrity Information System (FAPIIS). (End of Provision) Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) 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. (End of Provision) XI. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERICIAL ITEMS (MAY 2015) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. (ADDENDUM) 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 _________________ [insert date]. (End of Clause) Alternate I (Apr 1984). If the requirements contract is for nonpersonal services and related supplies and covers estimated requirements that exceed a specific Government activity's internal capability to produce or perform, substitute the following paragraph (c) for paragraph (c) of the basic clause: (c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may furnish within its own capabilities. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days 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 52.233-2 SERVICE OF PROTEST (SEPT 2006) (a) Protests, as defined in section31.101 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 Jennifer B. Lucas at: Address: USCG Surface Forces Logistics Center CPD C&P1 PBPL 2401 Hawkins Point Road, Bldg 31 LL Baltimore, MD 21226 Jennifer.B.Lucas@uscg.mil (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. (End of provision) 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. ____ 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) ____3052.217-93 Subcontracts. (USCG) ____3052.217-94 Lay Days. (USCG) ____3052.217-95 Liability and Insurance. (USCG) ____3052.217-96 Title. (USCG) ____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. ____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. _X__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. _X__3052.247-72 F.o.B. Destination Only. HSAR 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 14-01) (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 [X ] 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 [X ] 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 of the Government's request. (End of provision)  XII. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS- COMMERICIAL ITEMS (NOV 2016) 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]  (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). __ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (8) 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). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). __ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Nov 2016) of 52.219-9. ___ (iii) Alternate II (Nov 2016) of 52.219-9. ___ (iv) Alternate III (Nov 2016) of 52.219-9. ___ (v) Alternate IV (Nov 2016) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). ___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). ___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ___ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). __ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.) Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. ___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). ___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). ___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). ___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. ___ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (47) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (48) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (50) 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). ___ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ___ (56) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (57) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. (xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). (xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 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 text of a clause may be accessed electronically at http://farsite.hill.af.mil/. NUMBER TITLE DATE FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights APR 2014 FAR 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 FAR 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 FAR 52.211-15 Defense Priority and Allocation Requirement APR 2008 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 FAR 52.247-34 F.O.B. Destination NOV 1991 HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work DEC 2003 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) FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) This contract is subject to the written approval of the CPD-C&P1 Section Chief and shall not be binding until so approved. (End of Clause) FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) (a) Definitions. As used in this clause- "Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. "Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). "Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls: (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute. (iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system. CLARIFICATION OF THE PROVISIONS OF THIS REQUEST FOR QUOTE Any explanation desired by an offeror regarding the meaning or interpretation of the RFQ shall be requested in writing and received by the Contracting Officer not later than 14 calendar days prior to the closing date of this solicitation. Any interpretation made will be in the form of an amendment to the RFQ, and will be furnished to all prospective offerors. Receipt of all amendments must be acknowledged in the space provided on the quote form, or by letter or telegram received by the time set for receipt of quotes. This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. 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 quotes 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. Receipt of amendments shall be acknowledged on page 1, SF 1449 of this RFP. 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. OPENING OF QUOTES No information regarding quotes received regarding the evaluation of this procurement will be furnished prior to completion of evaluations and award of the contract. SELECTION Notification of Selection. The Contracting Officer will notify all Offerors advising them of the quote which was selected. RESPONSIBILITY The Government reserves the right to perform Pre-award surveys for the purpose of further confirming the capabilities of the Offerors. The Offerors must be determined responsible in accordance with the standards of Federal Acquisition Regulation (FAR) Subpart 9.1 to be eligible for award. NOTICE OF PREAWARD SURVEY 1. Offerors are advised that the Government may contact potential contractors to ascertain their capabilities to perform the work specified in this solicitation. In addition to financial statements and credit rating checks, the Government may visit a prospective contractor's facility(s). Areas of interest on this survey may include, but are not limited to the following: (a) performance plans (b) quality assurance and control plans (c) Personnel recruitment and training plans (d) workload factor for manpower utilization (e) management plan for handling peak workloads (f) production capability. (g) plant facilities, equipment, and labor resources (h) purchasing and subcontracting (i) performance record and ability to meet delivery schedules. 2. Offerors are advised that accomplishment of this survey is a part of the evaluation process and is not to be construed as an indication that an offeror will receive or is in the best position to receive the resultant award. 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 interests, 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). (End of provision) FAR 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award through final option period and expiration of contract. (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 if 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 $1.00, 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 $1,000,000. (2) Any order for a combination of items in excess of $1,000,000. (3) A series of orders from the same ordering office within three (3) 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 three (3) 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 52.216-21 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 _________________ [insert date]. (End of Clause) Alternate I (Apr 1984). If the requirements contract is for nonpersonal services and related supplies and covers estimated requirements that exceed a specific Government activity's internal capability to produce or perform, substitute the following paragraph (c) for paragraph (c) of the basic clause: (c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may furnish within its own capabilities. FAR 52.245-1 GOVERNMENT PROPERTY (APR 2012) (a) Definitions. As used in this clause- "Cannibalize" means to remove parts from Government property for use or for installation on other Government property. "Contractor-acquired property" means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title. "Contractor inventory" means- (1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract; (2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the Government; and (3) Government-furnished property that exceeds the amounts needed to complete full performance under the entire contract. "Contractor's managerial personnel" means the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of- (1) All or substantially all of the Contractor's business; (2) All or substantially all of the Contractor's operation at any one plant or separate location; or (3) A separate and complete major industrial operation. "Demilitarization" means rendering a product unusable for, and not restorable to, the purpose for which it was designed or is customarily used. "Discrepancies incident to shipment" means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received. "Equipment" means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling. "Government-furnished property" means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract. "Government property" means all property owned or leased by the Government. Government property includes both Government-furnished and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software. "Loss of Government Property" means unintended, unforeseen or accidental loss, damage or destruction to Government property that reduces the Government's expected economic benefits of the property. Loss of Government property does not include purposeful destructive testing, obsolescence, normal wear and tear or manufacturing defects. Loss of Government property includes, but is not limited to- (1) Items that cannot be found after a reasonable search: (2) Theft: (3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or (4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair. "Material" means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Material does not include equipment, special tooling, special test equipment or real property. "Nonseverable" means property that cannot be removed after construction or installation without substantial loss of value or damage to the installed property or to the premises where installed. "Precious metals" means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium. "Production scrap" means unusable material resulting from production, engineering, operations and maintenance, repair, and research and development contract activities. Production scrap may have value when re-melted or reprocessed, e.g., textile and metal clippings, borings, and faulty castings and forgings. "Property" means all tangible property, both real and personal. "Property Administrator" means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor. "Property records" means the records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property. "Provide" means to furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property. "Real property" See Federal Management Regulation 102-71.20 (41 CFR 102-71.20). "Sensitive property" means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals. "Unit acquisition cost" means- (1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and (2) For contractor-acquired property, the cost derived from the Contractor's records that reflect consistently applied generally accepted accounting principles. (b) Property management. (1) The Contractor shall have a system of internal controls to manage (control, use, preserve, protect, repair and maintain) Government property in its possession. The system shall be adequate to satisfy the requirements of this clause. In doing so, the Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective and efficient control of Government property. The Contractor shall disclose any significant changes to its property management system to the Property Administrator prior to implementation of the changes. The Contractor may employ customary commercial practices, voluntary consensus standards, or industry-leading practices and standards that provide effective and efficient Government property management that are necessary and appropriate for the performance of this contract (except where inconsistent with law or regulation). (2) The Contractor's responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, sale (as surplus property), or other disposition, or via a completed investigation, evaluation, and final determination for lost property. This requirement applies to all Government property under the Contractor's accountability, stewardship, possession or control, including its vendors or subcontractors (see paragraph (f)(1)(v) of this clause). (3) The Contractor shall include the requirements of this clause in all subcontracts under which Government property is acquired or furnished for subcontract performance. (4) The Contractor shall establish and maintain procedures necessary to assess its property management system effectiveness and shall perform periodic internal reviews, surveillances, self assessments, or audits. Significant findings or results of such reviews and audits pertaining to Government property shall be made available to the Property Administrator. (c) Use of Government property. (1) The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer. (2) Modifications or alterations of Government property are prohibited, unless they are- (i) Reasonable and necessary due to the scope of work under this contract or its terms and conditions; (ii) Required for normal maintenance; or (iii) Otherwise authorized by the Contracting Officer. (3) The Contractor shall not cannibalize Government property unless otherwise provided for in this contract or approved by the Contracting Officer. (d) Government-furnished property. (1) The Government shall deliver to the Contractor the Government-furnished property described in this contract. The Government shall furnish related data and information needed for the intended use of the property. The warranties of suitability of use and timely delivery of Government-furnished property do not apply to property acquired or fabricated by the Contractor as contractor-acquired property and subsequently transferred to another contract with this Contractor. (2) The delivery and/or performance dates specified in this contract are based upon the expectation that the Government-furnished property will be suitable for contract performance and will be delivered to the Contractor by the dates stated in the contract. (i) If the property is not delivered to the Contractor by the dates stated in the contract, the Contracting Officer shall, upon the Contractor's timely written request, consider an equitable adjustment to the contract. (ii) In the event property is received by the Contractor, or for Government-furnished property after receipt and installation, in a condition not suitable for its intended use, the Contracting Officer shall, upon the Contractor's timely written request, advise the Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, modifying, returning, or otherwise disposing of the property at the Government's expense. Upon completion of the required action(s), the Contracting Officer shall consider an equitable adjustment to the contract (see also paragraph (f)(1)(ii)(A) of this clause). (iii) The Government may, at its option, furnish property in an "as-is" condition. The Contractor will be given the opportunity to inspect such property prior to the property being provided. In such cases, the Government makes no warranty with respect to the serviceability and/or suitability of the property for contract performance. Any repairs, replacement, and/or refurbishment shall be at the Contractor's expense. (3)(i) The Contracting Officer may by written notice, at any time- (A) Increase or decrease the amount of Government-furnished property under this contract; (B) Substitute other Government-furnished property for the property previously furnished, to be furnished, or to be acquired by the Contractor for the Government under this contract; or (C) Withdraw authority to use property. (ii) Upon completion of any action(s) under paragraph (d)(3)(i) of this clause, and the Contractor's timely written request, the Contracting Officer shall consider an equitable adjustment to the contract. (e) Title to Government property. (1) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (collectively referred to as "Government property"), is subject to the provisions of this clause. The Government shall retain title to all Government-furnished property. Title to Government property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall Government property become a fixture or lose its identity as personal property by being attached to any real property. (2) Title vests in the Government for all property acquired or fabricated by the Contractor in accordance with the financing provisions or other specific requirements for passage of title in the contract. Under fixed price type contracts, in the absence of financing provisions or other specific requirements for passage of title in the contract, the Contractor retains title to all property acquired by the Contractor for use on the contract, except for property identified as a deliverable end item. If a deliverable item is to be retained by the Contractor for use after inspection and acceptance by the Government, it shall be made accountable to the contract through a contract modification listing the item as Government-furnished property. (3) Title under Cost-Reimbursement or Time-and-Material Contracts or Cost-Reimbursable contract line items under Fixed-Price contracts. (i) Title to all property purchased by the Contractor for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract shall pass to and vest in the Government upon the vendor's delivery of such property. (ii) Title to all other property, the cost of which is reimbursable to the Contractor, shall pass to and vest in the Government upon- (A) Issuance of the property for use in contract performance; (B) Commencement of processing of the property for use in contract performance; or (C) Reimbursement of the cost of the property by the Government, whichever occurs first. (f) Contractor plans and systems. (1) Contractors shall establish and implement property management plans, systems, and procedures at the contract, program, site or entity level to enable the following outcomes: (i) Acquisition of Property. The Contractor shall document that all property was acquired consistent with its engineering, production planning, and property control operations. (ii) Receipt of Government Property. The Contractor shall receive Government property and document the receipt, record the information necessary to meet the record requirements of paragraph (f)(1)(iii)(A)(1) through (5) of this clause, identify as Government owned in a manner appropriate to the type of property (e.g., stamp, tag, mark, or other identification), and manage any discrepancies incident to shipment. (A) Government-furnished property. The Contractor shall furnish a written statement to the Property Administrator containing all relevant facts, such as cause or condition and a recommended course(s) of action, if overages, shortages, or damages and/or other discrepancies are discovered upon receipt of Government-furnished property. (B) Contractor-acquired property. The Contractor shall take all actions necessary to adjust for overages, shortages, damage and/or other discrepancies discovered upon receipt, in shipment of Contractor-acquired property from a vendor or supplier, so as to ensure the proper allocability and allowability of associated costs. (iii) Records of Government property. The Contractor shall create and maintain records of all Government property accountable to the contract, including Government-furnished and Contractor-acquired property. (A) Property records shall enable a complete, current, auditable record of all transactions and shall, unless otherwise approved by the Property Administrator, contain the following: (1) The name, part number and description, National Stock Number (if needed for additional item identification tracking and/or disposition) and other data elements as necessary and required in accordance with the terms and conditions of the contract. (2) Quantity received (or fabricated), issued, and balance-on-hand. (3) Unit acquisition cost. (4) Unique-item identifier or equivalent (if available and necessary for individual item tracking). (5) Unit of measure. (6) Accountable contract number or equivalent code designation. (7) Location. (8) Disposition. (9) Posting reference and date of transaction. (10) Date placed in service (if required in accordance with the terms and conditions of the contract). (B) Use of a Receipt and Issue System for Government Material. When approved by the Property Administrator, the Contractor may maintain, in lieu of formal property records, a file of appropriately cross-referenced documents evidencing receipt, issue, and use of material that is issued for immediate consumption. (iv) Physical inventory. The Contractor shall periodically perform, record, and disclose physical inventory results. A final physical inventory shall be performed upon contract completion or termination. The Property Administrator may waive this final inventory requirement, depending on the circumstances (e.g., overall reliability of the Contractor's system or the property is to be transferred to a follow-on contract). (v) Subcontractor control. (A) The Contractor shall award subcontracts that clearly identify items to be provided and the extent of any restrictions or limitations on their use. The Contractor shall ensure appropriate flow down of contract terms and conditions (e.g., extent of liability for loss of Government property). (B) The Contractor shall assure its subcontracts are properly administered and reviews are periodically performed to determine the adequacy of the subcontractor's property management system. (vi) Reports. The Contractor shall have a process to create and provide reports of discrepancies, loss of Government property, physical inventory results, audits and self-assessments, corrective actions, and other property related reports as directed by the Contracting Officer. (vii) Relief of stewardship responsibility and liability. The Contractor shall have a process to enable the prompt recognition, investigation, disclosure and reporting of loss of Government property, including losses that occur at subcontractor or alternate site locations. (A) This process shall include the corrective actions necessary to prevent recurrence. (B) Unless otherwise directed by the Property Administrator, the Contractor shall investigate and report to the Government all incidents of property loss as soon as the facts become known. Such reports shall, at a minimum, contain the following information: (1) Date of incident (if known). (2) The data elements required under paragraph (f)(1)(iii)(A) of this clause. (3) Quantity. (4) Accountable contract number. (5) A statement indicating current or future need. (6) Unit acquisition cost, or if applicable, estimated sales proceeds, estimated repair or replacement costs. (7) All known interests in commingled material of which includes Government material. (8) Cause and corrective action taken or to be taken to prevent recurrence. (9) A statement that the Government will receive compensation covering the loss of Government property, in the event the Contractor was or will be reimbursed or compensated. (10) Copies of all supporting documentation. (11) Last known location. (12) A statement that the property did or did not contain sensitive, export controlled, hazardous, or toxic material, and that the appropriate agencies and authorities were notified. (C) Unless the contract provides otherwise, the Contractor shall be relieved of stewardship responsibility and liability for property when- (1) Such property is consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract, including reasonable inventory adjustments of material as determined by the Property Administrator; (2) Property Administrator grants relief of responsibility and liability for loss of Government property; (3) Property is delivered or shipped from the Contractor's plant, under Government instructions, except when shipment is to a subcontractor or other location of the Contractor; or (4) Property is disposed of in accordance with paragraphs (j) and (k) of this clause. (viii) Utilizing Government property. (A) The Contractor shall utilize, consume, move, and store Government Property only as authorized under this contract. The Contractor shall promptly disclose and report Government property in its possession that is excess to contract performance. (B) Unless otherwise authorized in this contract or by the Property Administrator the Contractor shall not commingle Government material with material not owned by the Government. (ix) Maintenance. The Contractor shall properly maintain Government property. The Contractor's maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Property Administrator the need for replacement and/or capital rehabilitation. (x) Property closeout. The Contractor shall promptly perform and report to the Property Administrator contract property closeout, to include reporting, investigating and securing closure of all loss of Government property cases; physically inventorying all property upon termination or completion of this contract; and disposing of items at the time they are determined to be excess to contractual needs. (2) The Contractor shall establish and maintain Government accounting source data, as may be required by this contract, particularly in the areas of recognition of acquisitions, loss of Government property, and disposition of material and equipment. (g) Systems analysis. (1) The Government shall have access to the contractor's premises and all Government property, at reasonable times, for the purposes of reviewing, inspecting and evaluating the Contractor's property management plan(s), systems, procedures, records, and supporting documentation that pertains to Government property. This access includes all site locations and, with the Contractor's consent, all subcontractor premises. (2) Records of Government property shall be readily available to authorized Government personnel and shall be appropriately safeguarded. (3) Should it be determined by the Government that the Contractor's (or subcontractor's) property management practices are inadequate or not acceptable for the effective management and control of Government property under this contract, or present an undue risk to the Government, the Contractor shall prepare a corrective action plan when requested by the Property Administer and take all necessary corrective actions as specified by the schedule within the corrective action plan. (4) The Contractor shall ensure Government access to subcontractor premises, and all Government property located at subcontractor premises, for the purposes of reviewing, inspecting and evaluating the subcontractor's property management plan, systems, procedures, records, and supporting documentation that pertains to Government property. (h) Contractor Liability for Government Property. (1) Unless otherwise provided for in the contract, the Contractor shall not be liable for loss of Government property furnished or acquired under this contract, except when any one of the following applies- (i) The risk is covered by insurance or the Contractor is otherwise reimbursed (to the extent of such insurance or reimbursement). The allowability of insurance costs shall be determined in accordance with 31.205-19. (ii) Loss of Government property that is the result of willful misconduct or lack of good faith on the part of the Contractor's managerial personnel. (iii) The Contracting Officer has, in writing, revoked the Government's assumption of risk for loss of Government property due to a determination under paragraph (g) of this clause that the Contractor's property management practices are inadequate, and/or present an undue risk to the Government, and the Contractor failed to take timely corrective action. If the Contractor can establish by clear and convincing evidence that the loss of Government property occurred while the Contractor had adequate property management practices or the loss did not result from the Contractor's failure to maintain adequate property management practices, the Contractor shall not be held liable. (2) The Contractor shall take all reasonable actions necessary to protect the property from further loss. The Contractor shall separate the damaged and undamaged property, place all the affected property in the best possible order, and take such other action as the Property Administrator directs. (3) The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any loss of Government property. (4) The Contractor shall reimburse the Government for loss of Government property, to the extent that the Contractor is financially liable for such loss, as directed by the Contracting Officer. (5) Upon the request of the Contracting Officer, the Contractor shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation, including the prosecution of suit and the execution of instruments of assignment in favor of the Government in obtaining recovery. (i) Equitable adjustment. Equitable adjustments under this clause shall be made in accordance with the procedures of the Changes clause. However, the Government shall not be liable for breach of contract for the following: (1) Any delay in delivery of Government-furnished property. (2) Delivery of Government-furnished property in a condition not suitable for its intended use. (3) An increase, decrease, or substitution of Government-furnished property. (4) Failure to repair or replace Government property for which the Government is responsible. Standard Form 1428. (j) Contractor inventory disposal. Except as otherwise provided for in this contract, the Contractor shall not dispose of Contractor inventory until authorized to do so by the Plant Clearance Officer or authorizing official. (1) Predisposal requirements. (i) If the Contractor determines that the property has the potential to fulfill requirements under other contracts, the Contractor, in consultation with the Property Administrator, shall request that the Contracting Officer transfer the property to the contract in question, or provide authorization for use, as appropriate. In lieu of transferring the property, the Contracting Officer may authorize the Contractor to credit the costs of Contractor-acquired property (material only) to the losing contract, and debit the gaining contract with the corresponding cost, when such material is needed for use on another contract. Property no longer needed shall be considered contractor inventory. (ii) For any remaining Contractor-acquired property, the Contractor may purchase the property at the unit acquisition cost if desired or make reasonable efforts to return unused property to the appropriate supplier at fair market value (less, if applicable, a reasonable restocking fee that is consistent with the supplier's customary practices.) (2) Inventory disposal schedules. (i) Absent separate contract terms and conditions for property disposition, and provided the property was not reutilized, transferred, or otherwise disposed of, the Contractor, as directed by the Plant Clearance Officer or authorizing official, shall use Standard Form 1428, Inventory Disposal Schedule or electronic equivalent, to identify and report- (A) Government-furnished property that is no longer required for performance of this contract; (B) Contractor-acquired property, to which the Government has obtained title under paragraph (e) of this clause, which is no longer required for performance of that contract; and (C) Termination inventory. (ii) The Contractor may annotate inventory disposal schedules to identify property the Contractor wishes to purchase from the Government, in the event that the property is offered for sale. (iii) Separate inventory disposal schedules are required for aircraft in any condition, flight safety critical aircraft parts, and other items as directed by the Plant Clearance Officer (iv) The Contractor shall provide the information required by FAR 52.245-1(f)(1)(iii) along with the following: (A) Any additional; information that may facilitate understanding of the property's intended use. (B) For work-in-progress, the estimated percentage of completion. (C) For precious metals in raw or bulk form, the type of metal and estimated weight. (D) For hazardous material or property contaminated with hazardous material, the type of hazardous material. (E) For metals in mill product form, the form, shape, treatment, hardness, temper, specification (commercial or Government) and dimensions (thickness, width and length). (v) Property with the same description, condition code, and reporting location may be grouped in a single line item. (vi) Scrap should be reported by "lot" along with metal content, estimated weight and estimated value. (3) Submission requirements. (i) The Contractor shall submit inventory disposal schedules to the Plant Clearance Officer no later than- (A) 30 days following the Contractor's determination that a property item is no longer required for performance of this contract; (B) 60 days, or such longer period as may be approved by the Plant Clearance Officer, following completion of contract deliveries or performance; or (C) 120 days, or such longer period as may be approved by the Termination Contracting Officer, following contract termination in whole or in part. (ii) Unless the Plant Clearance Officer determines otherwise, the Contractor need not identify or report production scrap on inventory disposal schedules, and may process and dispose of production scrap in accordance with its own internal scrap procedures. The processing and disposal of other types of Government-owned scrap will be conducted in accordance with the terms and conditions of the contract or Plant Clearance Officer direction, as appropriate. (4) Corrections. The Plant Clearance Officer may- (i) Reject a schedule for cause (e.g., contains errors, determined to be inaccurate); and (ii) Require the Contractor to correct an inventory disposal schedule. (5) Postsubmission adjustments. The Contractor shall notify the Plant Clearance Officer at least 10 working days in advance of its intent to remove an item from an approved inventory disposal schedule. Upon approval of the Plant Clearance Officer, or upon expiration of the notice period, the Contractor may make the necessary adjustments to the inventory schedule. (6) Storage. (i) The Contractor shall store the property identified on an inventory disposal schedule pending receipt of disposal instructions. The Government's failure to furnish disposal instructions within 120 days following acceptance of an inventory disposal schedule may entitle the Contractor to an equitable adjustment for costs incurred to store such property on or after the 121st day. (ii) The Contractor shall obtain the Plant Clearance Officer's approval to remove property from the premises where the property is currently located prior to receipt of final disposition instructions. If approval is granted, any costs incurred by the Contractor to transport or store the property shall not increase the price or fee of any Government contract. The storage area shall be appropriate for assuring the property's physical safety and suitability for use. Approval does not relieve the Contractor of any liability for such property under this contract. (7) Disposition instructions. (i) The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of Contractor inventory as directed by the Plant Clearance Officer. Unless otherwise directed by the Contracting Officer or by the Plant Clearance Officer, the Contractor shall remove and destroy any markings identifying the property as U.S. Government-owned property prior to its disposal. (ii) The Contracting Officer may require the Contractor to demilitarize the property prior to shipment or disposal. In such cases, the Contractor may be entitled to an equitable adjustment under paragraph (i) of this clause. (8) Disposal proceeds. As directed by the Contracting Officer, the Contractor shall credit the net proceeds from the disposal of Contractor inventory to the contract, or to the Treasury of the United States as miscellaneous receipts. (9) Subcontractor inventory disposal schedules. The Contractor shall require its Subcontractors to submit inventory disposal schedules to the Contractor in accordance with the requirements of paragraph (j)(3) of this clause. (k) Abandonment of Government property. (1) The Government shall not abandon sensitive property or termination inventory without the Contractor's written consent. (2) The Government, upon notice to the Contractor, may abandon any nonsensitive property in place, at which time all obligations of the Government regarding such property shall cease. (3) Absent contract terms and conditions to the contrary, the Government may abandon parts removed and replaced from property as a result of normal maintenance actions, or removed from property as a result of the repair, maintenance, overhaul, or modification process. (4) The Government has no obligation to restore or rehabilitate the Contractor's premises under any circumstances; however, if Government-furnished property is withdrawn or is unsuitable for the intended use, or if other Government property is substituted, then the equitable adjustment under paragraph (i) of this clause may properly include restoration or rehabilitation costs. (l) Communication. All communications under this clause shall be in writing. (m) Contracts outside the United States. If this contract is to be performed outside of the United States and its outlying areas, the words "Government" and "Government-furnished" (wherever they appear in this clause) shall be construed as "United States Government" and "United States Government-furnished," respectively. (End of clause) Alternate I (Apr 2012). As prescribed in 45.107 (a)(2), substitute the following for paragraph (h)(1) of the basic clause: (h)(1) The Contractor assumes the risk of, and shall be responsible for, any loss of Government property upon its delivery to the Contractor as Government-furnished property. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this contract. PACKAGING AND MARKING Each component shall individually preserve, packaged and marked in accordance with specification P-245-0489, section 5.0. NOTE: Failure to prepare for shipment any item, and/or mark all packages, boxes, etc. as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor's expense. MATERIAL INSPECTION AND RECEIVING REPORT At the time of each delivery of supplies or services under this contract, the contractor shall prepare and furnish to the Government a DHS Form 700-21, Material Inspection and Receiving Report. The receiving report must include: • An authorization number such as the contract and delivery/task order number. • Product or service description, including contractual documents line item number. • Quantities shipped (if applicable). • Date(s) property or services were accepted. • Signature, printed name, title, telephone number, and mailing address of the receiving official. One (1) copy of the DHS Form 700-21 shall be sent to the Contracting Officer upon shipment/delivery of any deliverable hereunder, clearly marked "Information Only." CONTRACT ADMINISTRATION The Contracting Officer or authorized representative located at the U.S. Coast Guard, Surface Forces Logistics Center, Baltimore, MD shall be the contract administrator of this contract - Erika R. Wallace, (410) 762-6668, Erika.R.Wallace@uscg.mil. Any written correspondence shall be delivered to the Contract Administrator at the following address: U.S. Coast Guard Surface Forces Logistics Center Contracting and Procurement Branch 1 2401 Hawkins Point Rd Receiving Room, Bldg. 31 L/L Baltimore MD, 21226-5000 M/F: Contract Number/Delivery Order Number: {To be furnished at the time of award} Or submitted electronically to: Erika.R.Wallace@uscg.mil. Electronic submission is the preferred method. 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 (b) An original invoice shall be submitted to the following designated payment office: 1. http://www.fincen.uscg.mil/electron.htm 2. -OR- 3. Emailed to FIN-SMB-YARDTEAM@USCG.MIL -OR- 4. Mailed to : U.S. Coast Guard Yard P.O. Box 4122 Chesapeake, VA 23327-4122 M/F: Contract Number: {To be furnished at the time of award} M/F: Delivery Order Number: {To be furnished upon issuance of delivery order} (c) Invoices shall include: (A) Contract Number (B) Delivery Order/Task Order Number (C) Contract Specialist, Contracting Officer, and COR (D) Invoice Number and Invoice Date (E) Invoice Routing Code (IRC): SFLC -1 (F) Name and Address of the Contractor (G) DUNS Number (H) The CLINs being billed against (I) Description, quantity, unit of measure, unit price and extended price (J) Annotate on the invoice indicating that the contractor represents a Small Business for accelerated payment purposes (if applicable) (K) 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). (L) The overall percentage and dollar amount previously billed, currently billed and unbilled (M) Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice. Failure to submit invoices directly to this office will delay prompt payment of your invoice. A copy of any invoice submitted for payment must also be forwarded to the Contracting Officer. (a) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe.pdf formatted file, or as otherwise specified in the contract. (b) It is mandatory that a copy of the invoice, and all supporting documentation, shall also be e-mailed to the Contract Specialist and the COR at the addresses cited below regardless of what submission method is used: Contract Specialist: Erika R. Wallace at Erika.R.Wallace@uscg.mil (Jennifer.B.Lucas@uscg.mil shall be the backup) COR: Wayne Nickel at Wayne.B.Nickel@uscg.mil (End of clause) ELECTRONIC FUNDS TRANSFER Any payment that the USCG makes to you will be made by electronic funds transfer unless you certify in writing that you do not have an account with a financial institution or an authorized payment agent. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL 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. 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 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. 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 The Contractor agrees that the supplies and/or services furnished under this contract shall be covered by the most favorable warranties the Contractor gives to any customer for such supplies and services and by the rights and remedies provided to the Government by law or by any other clause of this contract. 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. REQUIRED STANDARD OF WORKMANSHIP Unless otherwise specifically provided in this contract, the quality of all supplies and services rendered hereunder shall conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies and services shall be rendered or supervised directly by individuals fully qualified in the relevant profession, trade, or field, and holding any licenses required by law. If the contractor's organization as standard practice in the sale of these items issues a certificate of warranty setting forth the terms and conditions of their Standard Commercial Warranty, any contract resulting from this solicitation shall require the contractor to submit said certificate with each unit. WITHHOLDING PAYMENT FOR NONDELIVERY OF DATA 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. CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR) 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. NOTIFICATION: Upon completion of the contract or base year and each option year, if exercised, the contractor will be notified of the assessment. The contractor will be allowed 60 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. 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. RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities; (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 52.209-7 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). (End of Provision) XIV. FAR 52.211-14 EMERGENCY PREPAREDNESS NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE 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. (End of Provision) ________________________________________ XV. Quotations are due Wednesday, 30 November 2016, by 2:00 P.M. EST. Quotes must be submitted electronically to Erika R. Wallace at Erika.R.Wallace@uscg.mil. Documents may have to be sent in separate e-mails due to USCG e-mail size restrictions. Refer to section VIII. C. Quote Submission Requirements to ensure quotes have required documentation to be considered. XVI. FOR INFORMATION REGARDING THE SOLICITATION, CONTACT Erika R. Wallace at Erika.R.Wallace@uscg.mil.
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20 -- 87' Shafts Manufacture and Repair