WINCH DRUM POWER OPERATED
Added: Aug 22, 2014 4:27 pm This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.This solicitation is a Request for Quotation (RFQ). All correspondence regarding this acquisition shall reference Solicitation number HSCG40-14-Q-AN193. The incorporated clauses and provisions are those in effect tough the Federal Acquisition Circular 2005-76 (JUL 2014). The applicable North American Industry Classification Standard Code (NAICS) is 333923. The small business size standard is 500 employees.The U.S. Coast Guard, Surface Forces Logistics Center (SFLC), Icebreaker Buoy Construction Tender (IBCT) Product Line has a requirement for the purchase of ten (10) Winch, Drum, Power Operated HU40-9.5 needed in IAW the attached Specification, R-583-0222, Rev E, dated 9/18/13, Appendix A, in support of the WLIC-75, WLIC-100, and WLIC-160 Class Buoy and Construction Tenders.The U.S. Coast Guard, Surface Forces Logistics Center (SFLC), intends to award a firm, fixed price contract. The Coast Guard has determined, consistent with 13.501(a)(1)(ii), that there is only one responsible source and no other supplies or services will satisfy agency requirements. It is anticipated that a non-competitive contract will be awarded to the Original Equipment Manufacturer (OEM), Ram Winch & Hoist, as a result of this synopsis/ solicitation. It is the Government's belief, that Ram Winch & Hoist is the only known source with access to and ownership of the technical documentation and OEM parts needed. Concerns having the expertise and required capabilities to repair these items in accordance with OEM's designs, material requirements, and standards, are invited to submit complete information discussing the same. Drawings, specifications, and other technical data are proprietary to the OEM and cannot be furnished by the Government. Justification for Other Than Full and Open Competition is attached.FAR 52.211-8, TIME OF DELIVERY (June 1997)(a)The Government requires delivery to be made within 120 days of award.The Government will evaluate, as regards to time of delivery, offers that propose delivery of each quantity within the applicable 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, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule will apply. (b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer 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 the award is dated. Therefore, the offeror shall 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 tough 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 tough 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(A) All parts shall be delivered to the following address between the hours of 7:30am -1:00pm, EST, Monday - Friday:USCG, Surface Forces Logistics CenterContracting and Procurement Branch 22401 Hawkins Point RoadReceiving Room, Bldg. 88Baltimore, MD 21226-5000M/F: Contract Number: {to be furnished at time of award}(b) Any written reports shall be submitted to the Contract Administrator and Contracting Officer' Representative (COR), at the following address:U.S. Coast Guard Surface Forces Logistics CenterContracting and Procurement Branch 2300 E. Main Street, Suite 600Norfolk, VA 23510Or submitted electronically to: Mia.R.Mayers@uscg.mil and Andrew.J.Ollerman@uscg.milNOTE: 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. FAR 52.212-1 INSTRUCTIONS AND NOTICE TO OFFERORS - COMMERCIAL ITEMS (Apr 2014) applies and is incorporated by reference. AddendumSUBMISSIONQuotes shall be submitted electronically to Mia.R.Mayers@uscg.mil no later than 3 September 2014, 3:00 PM, EST. All submissions shall reference HSCG40-14-Q-AN193. Along with pricing submission, delivery, warranty terms and required technical qualification information, offerors shall provide a valid DUNS, the company's Tax Identification Number (TIN), be registered in System for Award Management (SAM) at www.sam.gov and must include the following:1) Technical: Provide documentation as per the evaluation factors outlined in the Evaluation section of this synopsis solicitation. 2) Price: Provide pricing as per the QUOTE/PRICING section LISTED below in this synopsis solicitation. FAR 52.215-20 REQUIREMENT FOR CERTIFIED COST OR PRICING DATA OR DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA, Alt IV (Oct 2010) (a) Submission of certified cost or pricing data is not required.(b) If the Contracting Officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the Contracting Officer will require submission of information in sufficient detail in order to make such determination. Such data would include at a minimum: 1) a price breakdown for all labor, materials, fees, and overhead for each CLIN, 2) information on prices at which the same or similar services and supplies have been previously provided in the commercial market, 3) supplier quotes, and/or 4) published price lists/labor rates.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 offer is obtained as a result of this solicitation, that offeror may be required to submit Other than Certified Cost or Pricing Data (in accordance with FAR 15.403-3) to support price negotiations. FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (JAN 1999). This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. (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 offerors: (i) Price (ii) Technical (iii)Past Performance Award shall be made to the lowest priced technically acceptable offeror.PRICE: The Government will evaluate price for reasonableness. Offerors are required to provide prices for all items/CLINs. All prices on CLINS shall be a firm-fixed price and shall indicate FOB Destination as referenced in FAR 52.247-34 (NOV 1991). *Note CLIN Proposal shall state pricing as per published price catalog noting any special discount offered. The total of all items/CLINS shall be added together to arrive at an aggregate total.TECHNICAL EVALUATIONIn order for an offeror to be determined technically acceptable, offerors must complete the below certification and submit documentation verifying that they are able to provide the required parts."I HEREBY CERTIFY ON BEHALF OF _________________________________ (insert offeror name), IS AN AUTHORIZED DISTRIBUTOR/DEALER FOR RAM WINCH & HOIST AND THAT ALL PARTS TO BE PROVIDED UNDER THE RESULTANT CONTRACT SHALL BE ONLY GENUINE RAM WINCH & HOIST._________________________________________NAME OF AUTHORIZED CORPORATE OFFICER_________________________________________TITLE_____________________________________DATEFailure to comply with this certification, and submit the required supporting documentation with your original proposal may render your proposal unacceptable and your proposal may be rejected. Offerors are required to submit verification in the form of a letter from the authorized distributor; or any other written confirmation fully demonstrating that they have the capability of procuring the required OEM parts.PAST PERFORMANCEPast performance shall be evaluated on previous contracts completed within the last tee (3) years or currently in process for the same type of services that are being solicited under this requirement. Contracts may include those entered into by the Federal Government, agencies of the state and local governments, and commercial customers. The Company shall include past performance information for any major subcontractors to be utilized during the performance and must be relevant to the scope of work they may perform under the contract resulting from this solicitation. The Company shall submit at least tee (3) contracts completed within the last tee (3) years or currently in process for the same type of services that are being solicited under this solicitation. References other than those provided by the Company may be contacted by the Government to obtain additional information that shall be used in the evaluation of the Company's past performance. The Government may waive the submission of past performance information by a Company if adequate data already exists on file with this office.QUOTE/PRICING:CLIN 1: NSN: 3950-01-566-3921, Winch, Drum Power Operated, P/N: HU40-9.5,Unit Price: _____________ Qty. 10 each Total Price: ________________Pricing is requested on an FOB Destination basis, with shipping included in the unit price. FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (JUL 2013) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE.FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)(a) Definition. As used in this clause--"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors."Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern."Registered in the System for Award Management (SAM) database" means that-(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and(4) The Government has marked the record "Active"."System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes-(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.(c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to-(A) Change the name in the SAM database;(B) Comply with the requirements of subpart 42.12 of the FAR; and(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support he legally changed name.(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet toughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted-(i) Via the internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.(End of Clause)Offerors must include a copy of the provision at FAR 52.212-3 Alternate I (May 2014) As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision:(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)[The offeror shall check the category in which its ownership falls]:____ Black American.____ Hispanic American.____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).____ Individual/concern, other than one of the preceding.FAR 52.212-4, CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (MAY 2014). APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. ADDENDUMFAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JUL 2014)(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77 and 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:52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)). 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). 52.222-3, Convict Labor (June 2003) (E.O. 11755). 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 52.222-35, Equal Opportunity for Veterans (July 2014)(38 U.S.C. 4212). 52.222-36, Affirmative Action for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). 52.225-1, Buy American Act-Supplies (May 2014) (41 U.S.C. 183). 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). (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.]52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C.Chapter 67). 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. 351, Chapter 67). (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 teshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 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.(xvi) 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 obligationsADDITIONAL CONTRACT REQUIREMENTS: PRESERVATION, PACKAGING AND MARKING: In accordance Specification, R-583-0222, Appendix A and Bar Coding Specification, D-000-0100, all material shipped to SFLC, must be accompanied by an itemized packing list securely attached to the outside of the package. All packing lists shall cite the Delivery Order Number with the package in such a manner as to provide identification. Material shall be packed for shipment in such a manner as to afford adequate protection to the item against corrosion, deterioration, and physical damage during shipment from the supply source to SFLC locations. Package shall also provide adequate protection for warehouse storage and multiple shipments. All packages shall have the Contract, Delivery Order Number, Stock Number, Vendor name and Part Number clearly marked on the exterior of the package.Marking of Warranted Items:Pursuant to the requirements of FAR 46.706(b)(5), the contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies of the existence of the warranty. Markings may be brief but should include (1) a brief statement that a warranty exists; (2) the substance of the warranty; (3) its duration; and (4) whom to notify if the supplies are found to be defective. For commercial items, the contractor's trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies.NOTEFailure 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.FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)This contract incorporated one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full test of a clause may be accessed electronically at http://farsite.hill.af.mil/. NUMBER TITLE DATEFAR 52.246-2 Inspection of Supplies - Fixed-Price AUG 1996FAR 52.246-16 Responsibility for Supplies APR 1984HSAR 3052.242.72 Contracting Officers Technical Representative DEC 2003FAR 52.211-15 Defense Priority and Allocation Requirements APR 2008FAR 52.219-8 Utilization of Small Business Concerns MAY 2014FAR 52.232-4 Payments Under Transportation Contracts andTransportation-Related Services Contracts APR 1984FAR 52.243-1 Changes-Fixed Price AUG 1987, Alt II APR1984FAR 52.247-34 F.O.B. - Destination NOV 1991Test and Inspection Reports shall be submitted IAW attached SpecificationFAR 52.203-17 - Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (APR 2014)a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition teshold.(End of clause)HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (SEPT 2012)The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions._X_3052.209-72 Organizational Conflicts of Interest.___3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.___3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program(b) Clauses.____3052.203-70 Instructions for Contractor Disclosure of Violations.____3052.204-70 Security Requirements for Unclassified Information Technology Resources.____3052.204-71 Contractor Employee Access.____Alternate I__X_3052.205-70, Advertisement, Publicizing, Awards, and Releases (Sep 2012)____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)__X_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_X__3052.247-72 F.o.B. Destination Only.INSPECTION AND ACCEPTANCE:MATERIAL INSPECTION AND RECEIVING REPORTAt the time of each delivery of supplies 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/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."GOVERNMENT ACCEPTANCE (DESTINATION)Final Inspection and 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 the attached document - Specification, R-583-0222CONTRACT ADMINISTRATION DATA:ADDRESS OF CORRESPONDENCEAll correspondence, except as otherwise specified, shall be delivered to the following address:U.S. Coast Guard Surface Forces Logistics CenterContracting and Procurement Branch 2300 E. Main Street, Suite 600 Norfolk, VA 23510-9102 M/F: Contract Number: {To be furnished at award}CONTRACT ADMINISTRATIONThe Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces Logistics Center, 300 E. Main Street, Suite 600, Norfolk, VA 23510-9102 shall be the contract administrator of this contract - Mia Mayers, (757) 628-4654, Mia.R.Mayers@uscg.milINVOICING REQUIREMENTS:(a) All information set forth in FAR Clause 52.232-25, Prompt Payment, must be included in an invoice for it to constitute a proper invoice. The Contractor shall prepare a proper invoice IAW FAR clause 52.212-4, and in addition to the information required by FAR 52.212-4(g) as cited in the contract. All invoices shall be itemized to correlate to the Schedule of Supplies. All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment.(A) Invoices shall include:1) Contract Number, Delivery Order Number, DOC Number2) Name and Address of the Contractor3) Invoice Number and Invoice Date4) DUNS Number5) Name of the Contract Specialist and Contracting Officer's6) Description, quantity, unit of measure, unit price and extended price7) Invoice Routing Code (IRC): SFLC -28) Indicate Small Business Status9) Indicate if Final Invoice, the Contractor's final invoice submitted under the contract must be marked as follows: ″THIS INVOICE CONSTITUTES THE FINAL INVOICE - UPON PAYMENT OF THIS INVOICE NO OTHER MONIES ARE DUE UNDER CONTRACT NUMBER (to be assigned upon contract award).10) The overall percentage and dollar amount previously billed, currently billed and unbilled,11) Shipping and Payment Terms12) Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice.1. The Contractor shall forward invoices via e-mail Andrew.J.Ollerman@uscg.mil to the Contracting Officer's Technical Representative (COR).Copies of the invoice along with any supporting documentation shall also be e-mailed to the contract specialist at Mia.R.Mayers@uscg.mil.2. The COR shall review and verify invoices, sign the invoice and return the invoice to the Contractor.3. The Contractor shall complete the Contractor Invoice Submission Form (listed below).4. The Contractor shall submit the Contractor Invoice Submission Form, a PDF file of the invoice, and any necessary documents for supplies or services via the U.S. Coast Guard Finance Center website at: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfmFailure to submit a complete invoice to the office listed above may delay payment of invoices. Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. The Contractor is encouraged to assign an identification number to each invoice.UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL (a) The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer's Representative acting within the limits of their authority. A Contracting Officer's Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.(b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments.GOVERNMENT REPRESENTATIVES (a) The Government may, upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Representative(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment.(b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, and price or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner.STANDARD COMMERCIAL WARRANTY:If the item(s) required in the contract resulting from this solicitation are customarily warranted in the trade by a standard commercial warranty, such warranty shall be incorporated into this contract and thereby provided to the Government at no additional cost. Any standard commercial warranty provided shall be identical to the standard commercial warranty normally offered by the Contractor to the Contractor's most favored customer. Offerors are requested to state the terms and conditions of their standard commercial warranty and attach a copy of the warranty terms with their offer.WITHHOLDING PAYMENT FOR NONDELIVERY OF DATA(a) If technical data such as plans, drawings, reports, spare parts lists, repair parts lists, or the like, or instruction books (including manuscripts or printer's copy) or any part thereof, are not delivered within the time specified by this contract are deficient upon delivery, the Contracting Officer shall, at his/her discretion, withhold from each invoice a percentage of the contract price in accordance with the following table:When Contract Total Price is Percentage to be withheld isLess than $250,000 10%$250,000 to $1,000,000 5%Over $1,000,000 2%(b)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) https://www.cpars.gov/index.htm (a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror's past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award. (b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 30 days to respond to the SLFC's assessment of its performance entered into CPARS. The contractor's response, if any, will be made part of the CPAR system. (c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor's record of conforming to contract requirements and to standards of good workmanship; the contractor's record of forecasting and controlling costs; the contractor's adherence to contract schedules, including the administrative aspects of performance; the contractor's history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor's record of integrity and business ethics, and generally, the contractor's business-like concern for the interest of the customer.(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.This solicitation may incorporate one or more provisions and clauses by reference with the same force and effect as if they were given in full text. The full text of a provision or clause may be accessed electronically at the following link: http://farsite.hill.af.mil/vffara.htm .FAR 52.246-2 INSPECTION OF SUPPLIES - FIXED=PRICE (AUG 1996)(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes re-inspection or retest necessary.(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time-(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and(ii) When the supplies will be ready for Government inspection.(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in paragraph (l) (1) or (l) (2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.(End of clause)FAR 52.246-4 INSPECTION OF SERVICES - FIXED PRICE (AUG 1996)(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and(2) Reduce the contract price to reflect the reduced value of the services performed.(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or(2) Terminate the contract for default.(End of Clause)FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006)(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from Mia Mayers:Address: U.S. Coast Guard Surface Forces Logistics CenterCPD C&P2, IBCTPL300 E. Main Street, Suite 600Norfolk, VA 23510-9102(b) The copy of any protest shall be received in the office designated above within one (1) day of filing a protest with the GAO.HSAR 3052.209-70, Prohibition on Contracts with Corporate Expatriates (Jun 2006) (a) Prohibitions.Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.(b) Definitions. As used in this clause:Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting more than 50 percent' for at least 80 percent' each place it appears.Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation: A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domesticcorporation; or(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.(1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:(i) Stock held by members of the expanded affiliated group which includes the foreignincorporated entity; or(ii) stock of such entity which is sold in a public offering related tothe acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1).(2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.(3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.(d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.(e) Treatment of Certain Rights.(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants;(ii) options;(iii) contracts to acquire stock;(iv) convertible debt instruments; and(v) others similar interests.(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.(f) Disclosure. The offeror under this solicitation represents that [Check one]:__ It is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 tough 3009.104-73;__ It is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 tough 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or__ It is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 tough 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74.(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.RESPONSIBILITY1. The Government reserves the right to perform Pre-award surveys for the purpose of further confirming the capabilities of the Offerors.2. The Offerors must be determined responsible in accordance with the standards of Federal Acquisition Regulation (FAR) Subpart 9.1 to be eligible for award.FAR 52.232-15 PROGRESS PAYMENTS NOT INCLUDED (APR 1984)A progress payments clause is not included in this solicitation, and will not be added to the resulting contract at the time of award. Offers conditioned upon inclusion of a progress payment clause in the resulting contract shall be rejected as nonresponsive.NOTICE OF PREAWARD SURVEY(a) Offerors are advised that the Government may contact potential contractors to ascertain their capabilities to perform the work specified in this solicitation.(b) 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.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 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government.(2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or havelapsed, and that is not being paid in a timely manner pursuant to an agreement with theauthority 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)FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2014)(a)(1) The North American Industry classification System (NAICS) code for this acquisition is 334220.(2) The small business size standard is 750 employees.(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:[x_] (i) Paragraph (d) applies.[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or(C) The solicitation is for utility services for which rates are set by law or regulation.(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-(A) Are not set aside for small business concerns;(B) Exceed the simplified acquisition teshold; and(C) Are for contracts that will be performed in the United States or its outlying areas.(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition teshold.(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition teshold and the contract is not for acquisition of commercial items.(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.(A) If the acquisition value is less than $25,000, the basic provision applies.(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certification. This provision applies to all solicitations.(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to-(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.(2) The following certifications are applicable as indicated by the Contracting Officer:[Contracting Officer check as appropriate.]___ (i) 52.219-22, Small Disadvantaged Business Status.___ (A) Basic.___ (B) Alternate I.___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.___ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.___ (iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).___ (vi) 52.227-6, Royalty Information.___ (A) Basic.___ (B) Alternate I.___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed tough https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date].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.FAR ClauseTitleDateChangeAny changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM. (End of Provision)The closing date and time for receipt of quotations is due 3 September 2014, at 3:00pm, EST. Quotes may be submitted electronically to mia.r.mayers@uscg.mil. All responsible sources may submit a quotation, which if timely received, shall be considered by the Agency. Contact Mia Mayers at 757-628-4654 for information regarding the solicitation.United States Coast Guard Ombudsman ProgramIt 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 tough open and frank discussions. If the protester's concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.The Ombudsman Hotline telephone number is 202.372.3695
HSCG40-14-Q-AN193 Department of Homeland Security US Coast Guard
8/22/14, 4:27 PM