Shore Power Cable and Storage Transport Unit
Added: Sep 08, 2014 12:23 pm Solicitation No. HSCG47-14-Q-3EFK10Combined Solicitation/Synopsis for: Shore Power Cable and Storage Transport UnitThe United States Coast Guard has a requirement for acquisition of parts for the Shore Power Cable and Storage Transport Unit located in Charleston, SC. The requirement includes steel reels with a cable driver, reel storage platforms with a fork lift cradle for each reel, 3/C-500 TYPE THOF cable, 500 Amp Viking plugs, covers for each reel and a hydraulic transport trailer.(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; proposals are being requested and a written solicitation will not be issued. (ii). The solicitation number is HSCG47-14-Q-3EFK10. The solicitation is issued as a Request for Quote (RFQ). (iii). This solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2005-76. (iv). This acquisition is conducted as a small business set-aside. The requirements will be fulfilled using the Simplified Acquisition procedures, Part 13 of the FAR, and the test program authorized in FAR subpart 13.5, to the maximum extent possible. The associated North American Classification System (NAICS) code is 333923 with a size standard of 500 employees. (v) see number (vi) below. (vi). Descriptions of requirements to be acquired: 5 QTY - Steel reels with a cable divider.a) Be able to support at least 200ft of 3/C-500 TYPE THOF cable.b) Accommodate up to two shore tie cables with the following properties: (i) 3 inch outside diameter (ii) Approximate cable weight of 8 lbs/ft (iii) Up to 250 feet in length, each cable (iv) 8 inch diameter by 12 inch long ±- receptacle head on each end of the cable.c) Full height flange partitions to individually separate cables. d) The inner (core) diameter of the reel shall be no less than 36 inches.e) fit in Hydraulic reel transporterf) Include insert for Viking plugs for ease of loading cord. 5 QTY - Reel storage platforms with Fork Lift Cradle (one for each for above reels) with solid stock to fit in Hydraulic reel trailer.a) Provide safe and stable storage of the specified reels. b) Allow automated pick up and set down of loaded and unloaded cable reels by the transport carrier unit. c) Allow platform transport (loaded and unloaded) by fork lift. 10 QTY - 175 Feet 3/C-500 TYPE THOF cable. 20 QTY- 500 Amp Viking plugs VIKING PLUG # M24368-1-002a) Attached to the ends of the 10 3/C-500 TYPE THOF cables above. b) Cable pigtails shall be a minimum of 10 feet in length and 1-3/c Type THOF-500 cables conforming to MIL-C-915/6. Provide a total of 5 covers, one for each reel and platform when stored.a) Durable, b) UV resistant, c) Weatherproof. Provide one cable reel hydraulic transport trailera) A reel carrying capacity of at least 12,000 lbs.b) Main frame and tongue constructed of heavy duty tubular steel, fully welded with no members bent into place. c) Hydraulic reel lifts (dual hydraulic cylinders) for self loading and unloading of reels of the dimensions and weight specified. d) Powered reel drive mechanism to turn the reel in both directions for winding and unwinding cable. The reel drive mechanism shall have a nominal pulling capacity of at least approximately 2,000 lbs, and controls shall include powered reel braking. e) Gasoline or Diesel powered steering and propulsion system capable of normal walking speeds. f) Paint and finish of the trailer shall be two coats of durable marine grade paint. g) The reel trailer shall be in full compliance with AASHTO and NHTSA requirements for highway tow age.****See Schedule of Pricing on page 3 of 21.****(vii). Dates and Places of delivery and acceptance: Delivery will be to SFLC Charleston:SFLC Charleston-FAC/Port OpsAttn: George Aldrich1050 Register StreetNorth Charleston, SC 29405The requested timeline:All items are requested to be delivered by November 1, 2014 however the following phased delivery is acceptable.No Later Than NOVEMBER 1, 2014: Deliver Minimum of five (5) cables with plugs No Later Than JANUARY 30, 2014: Deliver remaining cable, reels and storage cradleNo Later Than APRIL 30, 2014: Deliver transportation trailer Schedule of PricingItem Quantity PriceSteel Reels w/cable divider 5 Reel Storage Platforms w/Fork Lift Cradle 5 175 Feet 3.C-500 Type THOF cable 10 500 Amp Viking Plugs (#M24368-1-002) 20 Covers for reel and platform 5 Cable Reel hydraulic transport trailer 1 Shipping/Packaging N/a G&A Profit (viii). The provision at 52.212.1, Instructions to Offeror-Commercial, applies to this acquisition.Offerors are required to submit:(1) brief capability statement not to exceed 10 pages addressing the requirements set forth above, including individual item pricing, shipping costs and proposed mode of delivery.(2) Price Schedule filled out with a cost associated with each CLIN(3) Past Performance Documentation(4) Small Business Self Certification for applicable set-asidesE-mailed quotes will be accepted by Sarah Rall at sarah.j.rall@uscg.mil.(ix). The provision at 52.212.2, Evaluation -Commercial Items, will be used to evaluate offerors for awarding the purchase order. Evaluation -- Commercial Items (Jan 1999)(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:1. Past Performance2. Schedule2. PriceFACTOR 1-PAST PERFORMANCE:The offeror shall identify at least two (2) relevant and current federal, state or local government or private contracts performed during the last tee (3) years. For each contract, list:a. Contract number and customer point of contact (including two (2) points of contact With telephone numbers)b. Dollar value of the contractFACTOR 2 - SCHEDULE:Schedule shall be evaluated on a pass/fail basis in regards to meeting the Government's November 1, 2014 deadline to Deliver Minimum of five (5) cables with plugs.FACTOR 3-PRICE:Offeror's price shall represent the best price in response to the request for quotes. The price shall be evaluated to determine fairness and reasonableness.Schedule and Past Performance, when combined is more important than price. 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 offeror 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.(x). Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer, or note that a current electronic copy is available at https://orca.bpn.gov/(xi). The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.(xii). The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. 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) (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.]_X__ (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 (Apr 2010) (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)._X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).___ (5) [Reserved]___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C)._X__ (8) 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). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).___ (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.__X_ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).___ (ii) Alternate I (Oct 2001) of 52.219-9.___ (iii) Alternate II (Oct 2001) of 52.219-9.___ (iv) Alternate III (July 2010) 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) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).___ (ii) Alternate I (June 2003) of 52.219-23.___ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).___ (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).__X_ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).__X_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755)._X__ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126)._X__ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999)._X__ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246)._X__ (32) 52.222-35, Equal Opportunity for Veteran (Jul 2014) (38 U.S.C. 4212)._X__ (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793)._X__ (34) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).__X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).___ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)___ (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) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514___ (ii) Alternate I (Jun 2014) of 52.223-13.___ (39) (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.___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).___ (ii) Alternate I (Jun 2014) of 52.223-16._X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).___ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).___ (44) (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.___ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note)._X__ (46) 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).___ (47) 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. 2303 Note).___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).___ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).___ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).___ (52) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).___ (53) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).___ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).___ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).___ (56) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).___ (ii) Alternate I (Apr 2003) of 52.247-64.(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:[Contracting Officer check as appropriate.]___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).___ (3) 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).___ (4) 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).___ (5) 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).___ (6) 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).___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).___ (9) 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 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) (41 U.S.C. 3509).(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (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 (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) 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 (Jul 2014) (38 U.S.C. 4212).(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(vii) 52.222-17, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).(viii) 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.(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).(x) 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)).(xi) 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.)(xii) 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)(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).(xiv) 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).(xv) 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.(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 obligations.Alternate II (Jul 2014). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to-(i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions.(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than-(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).(C) 52.219-8, Utilization of Small Business Concerns (May 2014) (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. (D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).(E) 52.222-35, Equal Opportunity for Veterans (Jul 2010) (38 U.S.C. 4212). (F) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (G) 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.(H) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).(J) 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).(K) 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).(L) 52.222-54, Employment Eligibility Verification (Aug 2013).(M) 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.(N) 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.(End of Clause)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)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) tough (c)(1)(iv) of this provision in FAPIIS as required tough maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).(End of provision)52.233-1 -- Disputes. (May 2014)(a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.(b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause.(c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C. chapter 71. The submission may be converted to a claim under 41 U.S.C. chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.(2)(i) The contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000.(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.(iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor."(3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim.(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.(f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.C. chapter 71.(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer.(h) The Government shall pay interest on the amount found due and unpaid from(1) the date that the Contracting Officer receives the claim (certified, if required); or(2) the date that payment otherwise would be due, if that date is later, until the date of payment.With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.(End of Clause)3052.209-70 - Prohibition on contracts with corporate expatriates. (Jun 2006)(a) Prohibitions.Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.(b) Definitions. As used in this clause:Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.Person, domestic, and foreign have the meanings given such terms by paragraphs(1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.(e) Treatment of Certain Rights.(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:(i) warrants;(ii) options;(iii) contracts to acquire stock;(iv) convertible debt instruments; and(v) others similar interests.(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.(f) Disclosure. The offeror under this solicitation represents that [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 3009.108-7001 tough 3009.108-7003;__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 tough 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 tough 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.(End of clause)3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability. (FEB 2014) (DHS FAR CLASS DEVIATION 14-02)(a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that:(1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government.(2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.(b) The Offeror represents that:(1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months.(2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.(c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request.(End of provision)3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items. (Sep 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: [The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.](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____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. (USCG)____3052.217-100 Guarantee. (USCG)____3052.219-70 Small Business Subcontracting Plan Reporting.____3052.219-71 DHS Mentor Protégé Program.____3052.228-70 Insurance.____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)____3052.228-92 Fair Market Value of Aircraft. (USCG)____3052.228-93 Risk and Indemnities. (USCG)____3052.236-70 Special Provisions for Work at Operating Airports.____3052.242-72 Contracting Officer's Technical Representative.____3052.247-70 F.o.B. Origin Information.____Alternate I____Alternate II____3052.247-71 F.o.B. Origin Only.____3052.247-72 F.o.B. Destination Only.(End of clause)(xiii). N/A. (xiv) N/A. (xv). The closing date for the receipt of RFQs are due no later than 2:00 PM EST., September 15, 2014 and shall be submitted electronically to: Sarah Rall at the following email address: Sarah.j.rall@uscg.mil. Questions shall be submitted no later than 2:00 P.M. EST, September 10, 2014. The questions will be answered with an amendment to this synopsis/solicitation. Updates to this synopsis/solicitation will be posted on FedBizOpps (http://www.fbo.gov.(xvi). The point of contact for this solicitation is Sarah Rall. Email: Sarah.j.rall@uscg.mil, or ph: 757-852-3481.This solicitation shall not be construed as a commitment of any kind
HSCG47-14-Q-3EFK10 Department of Homeland Security US Coast Guard
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