87' & 110' Patrol Boat Parts Manufacture
Notice for Filing Agency Protests United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman. Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer 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. Commanding Officer USCG Surface Forces Logistics Center (CPD-C&P1-PBPL) 2401 Hawkins Point Road, Bldg. 31 LL Baltimore, MD 21226 Request for Quotes 70Z08020Q17002B00 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. A quote is being requested and a written solicitation will not be issued. This requirement will be satisfied using FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. II. The solicitation number is 70Z08020Q17002B00. The solicitation is being issued as a request for quotation (RFQ) and is 100% SET ASIDE FOR SMALL BUSINESSES. III. The incorporated clauses and provisions are those in effect tough Federal Acquisition Circular (FAC) 2020-01. IV. The North American Industry Classification System (NAICS) Code for this contract is 332710, with a small business size standard of 500 employees. V. A list of the contract line item numbers (CLINS), items, quantities, and units of measure to be acquired for the contract can be found in the SCHEDULE OF SUPPLIES/PRICING - Attachment 1. VI. Description of the Requirement: The U.S. Coast Guard Surface Forces Logistics Center intends on awarding an indefinite delivery requirements contract with firm fixed price delivery orders for five (5) years for the manufacture of parts, components or assemblies in various quantities using provided technical specifications, Attachment 2, for fit on U.S. Coast Guard 87’ and 110’ WPB coastal patrol boats. ATTACHMENT 2 WILL BE PROVIDED BY EMAIL REQUEST. There is no brand name associated with these items: NSN Description 2990-01-460-0214 FLANGE, EXHAUST (LOWER) 2990-01-475-9800 FLANGE,EXHAUST PIPE 2990-01-460-0205 FLANGE, EXHAUST (UPPER) 4810-01-475-7855 ASSY, STBD Butterfly Valve 4810-01-475-8271 ASSY, PORT Butterfly Valve 4320-01-475-8280 Valve Flapper, Pump 4320-01-475-7884 Valve Flapper, Pump (18" STBD) 3130-01-442-2863 Housing, Bearing Unit, FWD 2040-01-486-7595 Ventillator, Air Circulating 2990-01-475-9354 EXH SYS, ENG, 18" Spray Ring STBD 2290-01-475-9360 Spry Ring, 18", PORT Exhaust 4320-01-475-8806 Valve, Flapper, Pump 4810-01-475-8648 Valve, 8". Butterfly, PORT 4810-01-475-8415 Valve, 8". Butterfly, STBD 2990-01-475-9621 PORT Spray Ring W/O Flanges 2990-01-475-9620 STBD SPRAY RING W/O FLANGES 5306-99-538-1451 Bolt, Special, Tiller, A0 .375" 5342-01-481-8403 Anode, Propeller Nut 2010-01-458-9217 Nut, Propeller 5310-01-458-9125 Nut, Self-Locking, Hex 4320-01-475-8677 Valve, Flapper 8" 3130-01-F11-2200 BEARING CARRIER MATERIAL UNFIN 3130-01-F11-2388 MID BEARING CARRIER Contract Type: The USCG, Surface Forces Logistics Center (SFLC) intends to award an indefinite delivery requirements contract with firm fixed price delivery orders. CONTRACT PERIOD OF PERFORMANCE: This contract shall be in effect for five years from date of award. Ordering periods are as follows: Ordering Period 1 12-Months from effective award date Ordering Period 2 12-Months after the end of Ordering Period 1 Ordering Period 3 12-Months after the end of the Ordering Period 2 Ordering Period 4 12-Months after the end of the Ordering Period 3 Ordering Period 5 12-Months after the end of the Ordering Period 4 Place of Performance: Contractor’s Facility. Or submitted electronically to: William.R.Zittle@uscg.mil VII. Delivery: The Contractor will be required to ship units within 75 DAYS AFTER DATE OF DELIVERY ORDER: Place of Delivery – DESTINATION: All SSDG’s shall be delivered to the following address: U.S. Coast Guard Surface Forces Logistics Center Receiving Room BLDG 88 2401 Hawkins Point Road Baltimore, MD 21226-5000 M/F: Contract Number: {To be furnished at the time of award} Task Order Number: {To be furnished with each individual order} The Government reserves the right to request Direct Delivery. Each individual delivery order will identify the delivery destination. Preservation, Packaging and Marking: Each component shall be individually preserved, packaged and marked for long term storage in accordance with specification (Attachment 3). Marking for 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. Packing List: All material shipped or delivered to the U.S. Coast Guard Surface Forces Logistics Center under this contract must be accompanied by an itemized packing list that cites the proper contract and task order number. Each packing unit shall have a list of all items contained in that unit, and a duplicate list shall be attached to the outside of the package in a waterproof envelope securely attached in a conspicuous place, but so located as to reduce the possibility of loss in shipping and handling. NOTE Failure to prepare for shipment any item, and/or mark all packages, boxes, etc. as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor’s expense. U.S Coast Guard Inspection (ORGIN): The Contractor shall be responsible for the performance of all inspection requirements in accordance with the work items. Inspection shall take place at origin by a Government Quality Assurance (QA) representative. Contractor shall furnish to the Contracting Officer advance notification when the supplies or services furnished in accordance with this contract are ready for Government inspection. This advance notification may be made by e-mail and shall not be less than seven (7) working days prior to inspection. The contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, prior to QA Inspection. Contractor shall provide and maintain an inspection system acceptable to the Government. Government Acceptance (Destination): Final acceptance shall be made by a Government representative at destination within fifteen (15) days of receipt. 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. VIII. FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. (ADDENDUM) Submit an electronic copy of signed and dated quote to Jennifer Lucas and William Zittle at Jennifer.B.Lucas@uscg.mil and William.R.Zittle@uscg.mil no later than 10 December 2019 by 4:00 PM EDT. Submission shall include 70Z08020Q17002B00 in the subject line of the email. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation. Quoter must be registered and active in the System for Award Management (SAM), website location https://www.sam.gov, at time of submittal. Firms not actively registered in SAM may not be considered. The data submission must include sufficient detail to allow the Coast Guard to evaluate the quotation relative to the requirements. As a minimum, offers must show: The solicitation number 70Z08020Q17002B00 The Company Name, DUNS Number, Solicitation Number, Address and Point of Contact Name, Telephone Number and E-mail Address; At least two (2) relevant past performance references/contract numbers completed within the last tee (3) years. References must be relevant to the scope of work to be performed under the contract resulting from this solicitation. Warranty Information: Quotations must include details of the quoter’s manufacturer's warranty services and warranty support plan. Quotation must document the length of warranty support including number of operational hours and or calendar days which the item will be warranted free of defects. At a minimum quoter’s will provide a single point of contact for warranty claims. Claims may be made from 0800 to 1630 EST, Monday tough Friday. Provide prices for all line items/CLINS (Attachment 1) for all five ordering periods. Enter pricing and provide an affirmative statement that supplies will be shipped F.O.B. Destination (meaning the cost of shipping is included in the cost of the overhaul) in accordance with the required individual packaging, marking and bar-coding requirements. The price shall represent the best price in response to the request for quote. All prices on CLINs shall be a firm fixed-price. The total of all CLINS shall be added together to arrive at an aggregate total. Quote submitted in response to this solicitation shall stand firm for 120 calendar days from the date specified in this solicitation for receipt of quote. A statement of conformance with the required delivery schedule to ship units within 75 DAYS AFTER DATE OF DELIVERY ORDER. Specific Instructions: The quotes shall be submitted electronically to include the following items: 1: Technical Capabilities Statement – demonstrating capability to manufacture items in accordance with technical specifications-3 page maximum 2: Past Performance – 3 page maximum 3: Price – Please enter pricing data to Attachment 3, Contractor Pricing and CLIN 4: Delivery Schedule – Please provide a statement of conformance with the required delivery schedule of 75 days from date of delivery order. 5: Warranty Information – Standard Manufacturer’s Warranty and warranty resolution plan – 1 page maximum -Questions are due via email no later than 3 December 2019, by 4:00 PM Eastern Standard Time to email address William.R.Zittle@uscg.mil. After this date further requests may not be accepted due to time constraints. Keep in mind that any questions that are important, such as those that create needed changes to the specification, will still be addressed regardless of the time it was received. A determination will be made as to whether the change dictates an extension to the solicitation closing date and deadline for questions. All answers to questions will be provided in SF 30 Amendments to the RFQ and will be furnished to all prospective quoters. Receipt of all amendments must be acknowledged by signing each amendment and providing them with the quote by the RFQ due date/time. -Quotes are due no later than 10 December 2019, by 4:00 PM Eastern Standard Time to William.R.Zittle@uscg.mil. -All submissions shall include 70Z08020Q17002B00 in the subject line of the email. All quoters submitting quotations must be registered and active in SAM. https://www.sam.gov at time of submittal. If you are not actively registered in SAM, your quotation will not be considered. Late submissions will not be accepted. FAR 52.212-3 OFFERER REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (OCT 2018) Alternate I of 52.212-3 (Oct 2014) The contractor shall complete only paragraph (b) of this provision if the contractor has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed tough https://www.sam.gov. If the contractor has not completed the annual representations and certifications electronically, the contractor shall complete only paragraphs (c) tough (u)) of this provision. (End of Provision) PLEASE NOTE: QUOTES THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS MAY BE CONSIDERED INCOMPLETE AND MAY NOT BE FURTHER EVALUATED. IX. EVALUATION CRITERIA – The provision at Federal Acquisition Regulation (FAR) 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 13.106-2 based on the criteria listed below. The Government will award a contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotations: Technical Capability Past Performance Price Acceptance of Delivery Schedule Acceptable manufacturer’s warranty and warranty resolution plan Basis for Award: Award will be “based on whether the lowest priced of the quotations or offers having the highest past performance rating possible represents the best value when compared to any lower priced quotation or offer,” in accordance with FAR 13.106-2(b)(4)(ii). FACTOR #1 PAST PERFORMANCE Offerors shall furnish the information listed below for at least two (2) relevant past performance references completed within the last tee (3) years that are relevant to this requirement (i.e., the same or similar requirement) and are held with government (federal, state, local), private or commercial entities. Note: The Government may use past performance information obtained from any source to evaluate past performance. All information obtained will be used to determine the offeror’s ability to perform the contract successfully. The Contracting Officer will evaluate the quality of past performance and perform a responsibility determination. The assessment of past performance will be used to evaluate the relative capability to successfully meet the requirements in the specification. Each offerors past performance shall be evaluated according to the following factors: Quality of Product or Service Schedule Business Relations Management of Key Personnel In evaluating offerors past performance, the government intends to review Contractor Performance Assessment Reports and other existing past performance rating on relevant contracts. General trends in an offerors performance will also be considered. References other than those provided by the Offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror’s past performance such as government databases and internal organization. Offerors lacking relevant past performance history will receive a Neutral Rating for past performance. The offeror will be evaluated neither favorably nor unfavorably on past performance. Relevant Past Performance history will be rated higher than Neutral past performance. FACTOR #2: PRICE The price shall be evaluated to determine fairness and reasonableness. The Government intends to evaluate quotations and award a contract on initial quotes. Therefore, the initial quotation should contain the best terms from a price standpoint and all other factors being considered. The Government reserves the right to seek information clarifying any element of a quotation prior to award. FACTOR #3: TECHNICAL ACCEPTABILITY In order to meet vessel requirements all parts, components or assemblies must be manufactured per provided work items and drawings. Operating mechanisms must be smooth operating without binding. These items shall be inspected by Coast Guard quality assurance personnel at the vendor’s facility to verify compliance. FACTOR #4: ACCEPTANCE OF DELIVERY SCHEDULE- The Government will verify a statement of conformance with the required delivery schedule of 75 days from date of delivery order. FACTOR #5: ACCEPTABLE MANUFACTURER’S WARRANTY AND WARRANTY RESOLUTION PLAN- The Government will verify the quoter agrees that the supplies furnished under this contract shall be covered by the most favorable warranties and warranty plan the quoter gives to any customer for such supplies and services and by the rights and remedies provided to the Government by law or by any other clause of this contract. X. Offerors must include a completed copy of the provision at FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (NOV 2017) with its offer. XI. FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERICIAL ITEMS (JAN 2017) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. (ADDENDUM) XII. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS- COMMERICIAL ITEMS (OCT 2019) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (5) 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: 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). X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). X (49) 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). X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332). X (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.. Alternate II (Jan 2019). 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 8 G 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 (Oct 2015) (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (D) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (E) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (F) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (G) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (H) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29 U.S.C. 793). (I) 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. (J) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67). (K) ___(1) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). ___(2) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (L) 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). (M) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C.chapter 67). (N) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989). (O) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (P) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (Q)(1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (2) Alternate I (Jan 2017) of 52.224-3. (R) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (S) 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. (T) 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) XIII. Additional contract requirements: FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at http://farsite.hill.af.mil/. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporated one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://farsite.hill.af.mil/. FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) (DHS – USCG DEVIATION 14-01) FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (JAN 2017) FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.232.39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 52.247-34 F.O.B. Destination (NOV 1991) HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003) REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019) (a) Definitions. As used in this provision— “Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing— (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Representation. The Offeror represents that— It will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. (d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer (1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); (2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision; (3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and (4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known). (End of provision) FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY or a FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) FAR 52.216-21 REQUIREMENTS (OCT 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion of the last task order that is issued before the expiration of this Contract. (End of Clause) FAR 52.216-18- ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award tough the end of the fifth ordering periods. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods ONLY if authorized in the Schedule. (End of Clause) 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than QTY of 1 ea, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of QTY of 100 ea; (2) Any order for a combination of items in excess of QTY of 100 ea; or (3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph(b)(1) or (2) of this section. (c) If this is a requirements contract (i.e.,includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph(b) of this section. (d) Notwithstanding paragraphs(b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph(b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) FAR 52.252-6 – AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause. (b) The use in this solicitation or contract of any Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. 52.203-17 clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. (End of Clause) HSAR 3052.209-79 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) 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: (b) Clauses. X 3052.205-70 Advertisement, Publicizing Awards, and Releases. X 3052.217-100 Guarantee. (USCG) X 3052.242-72 Contracting Officer’s Technical Representative. X 3052.247-72 F.O.B. Destination Only CONTRACT ADMINISTRATION: The Contracting Officer or authorized representative located at the USCG SFLC, Baltimore, MD shall be the contract administrator for this contract. Any written correspondence shall be delivered to the Contract Officer’s authorized representative at the following address: William Zittle, Contract Specialist USCG Surface Forces Logistics Center (CPD-C&P1-PBPL) 2401 Hawkins Point Rd Bldg. 31 LL Baltimore, MD 21226 Or submitted electronically to: William.R.Zittle@uscg.mil INVOICING REQUIREMENTS: (a) All information set forth in FAR Clause 52.212-4(g), Contract Terms and Conditions - Commercial Items, Invoice, must be included in an invoice for it to constitute a proper invoice. (b) An original invoice shall be submitted to the following designated payment office: https://www.fincen.uscg.mil/secure/web_invoices.htm - or e-mail to: fin-smb-yardteam@uscg.mil - or mail to: Yard Commercial Invoices U.S. Coast Guard Yard P.O. Box 4122 Chesapeake, VA 23327-4122 Failure to submit invoices directly to this office will delay prompt payment of your invoice. A copy of any invoice submitted for payment must also be forwarded to the Contract Administrator. ELECTRONIC FUNDS TRANSFER Any payment that the USCG makes to you will be made by electronic funds transfer unless you certify in writing that you do not have an account with a financial institution or an authorized payment agent. Invoices shall include: (1) Name and address of the Contractor; (2) Invoice date and number; (3) Contract number, contract line item number and, if applicable, the order number; (4) Description, quantity, unit of measure, unit price and extended price of the items delivered; (5) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (6) Terms of any discount for prompt payment offered; (7) Name and address of official to whom payment is to be sent; (8) Name, title, and phone number of person to notify in event of defective invoice; and (9) Data Universal Numbering System (DUNS) number. The Contractor shall include its DUNS number on the invoice. (10) Electronic funds transfer (EFT) banking information. 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. COMMERCIAL WARRANTY The Contractor agrees that the supplies furnished under this contract shall be covered by the most favorable warranties the Contractor gives to any customer for such supplies and services and by the rights and remedies provided to the Government by law or by any other clause of this contract. If the item(s) required in the contract resulting from this solicitation are customarily warranted in the trade by a standard commercial warranty, such warranty shall be incorporated into this contract and thereby provided to the Government at no additional cost. At a minimum, Contractor warranty support will consist of a single point of contact for warranty claims. Claims may be made from 0800 to 1630 EST, Monday tough Friday. Warranty resolution should be within 24 hours of notification. Provision of these services must not affect the Contractor’s ability to meet established due dates detailed in the contract. The contractor’s warranty resolution plan will be incorporated into the subsequent contract. REQUIRED STANDARD OF WORKMANSHIP Unless otherwise specifically provided in this contract, the quality of all supplies and services rendered hereunder shall conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies and services shall be rendered or supervised directly by individuals fully qualified in the relevant profession, trade, or field, and holding any licenses required by law. If the contractor’s organization as standard practice in the sale of these items issues a certificate of warranty setting forth the terms and conditions of their Standard Commercial Warranty, any contract resulting from this solicitation shall require the contractor to submit said certificate with each unit. Marking for 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. Packing List: All material shipped or delivered to the U.S. Coast Guard Surface Forces Logistics Center under this contract must be accompanied by an itemized packing list that cites the proper contract and task order number. Each packing unit shall have a list of all items contained in that unit, and a duplicate list shall be attached to the outside of the package in a waterproof envelope securely attached in a conspicuous place, but so located as to reduce the possibility of loss in shipping and handling. NOTE: Failure to prepare for shipment any item, and/or mark all packages, boxes, etc. as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor’s expense. Government Acceptance (destination): Final acceptance shall be made by a Government representative at destination within ten (10) days of receipt. 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. WITHHOLDING PAYMENT FOR NONDELIVERY OF DATA If technical data such as plans, drawings, reports, spare parts lists, repair parts lists, or the like, or instruction books (including manuscripts or printer’s copy) or any part thereof, are not delivered within the time specified by this contract are deficient upon delivery, the Contracting Officer shall, at his/her discretion, withhold from each invoice a percentage of the contract price in accordance with the following table: Contract Price Percentage to be Withheld Less than $250,000.00 10.00% $250,000.00 to $1,000,000.00 5.00% Greater than $1,000,000.00 2.00% 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 SYSTEM (CPARS) General: The USCG 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 Subpart 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award. Notification: Upon completion of each ordering period, the contractor will be notified of the assessment. The contractor will be allowed 60 days to respond to the SFLC’s assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system. Information: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer. RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor. FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) (a) Protests, as defined in FAR 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 Jennifer B. Lucas at: USCG Surface Forces Logistics Center CPD C&P1 PBPL 2401 Hawkins Point Road, Bldg 31 LL Baltimore, MD 21226 (b) The copy of any protest shall be received in the office designated above within one (1) day of filing a protest with the GAO. (End of provision) FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. “Federal contracts and grants with total value greater than $10,000,000” means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). “Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in— (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) 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) FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) This contract is subject to the written approval of the CPD-C&P1 Section Chief and shall not be binding until so approved. 70Z08020Q17002B00 Department of Homeland Security US Coast Guard
11/29/19, 10:25 AM 87' & 110' Patrol Boat Parts Manufacture
SOURCES SOUGHT NOTICE: 87' & 110' Parts Manufacture 70Z08019S17002B00 This is a MARKET SURVEY / SOURCES SOUGHT NOTICE, pursuant to FAR Part 10 Market Research Policy. This is NOT a pre-solicitation notice or solicitation for proposals/quotations. REQUIREMENT: The Department of Homeland Security (DHS) United States Coast Guard (USCG) Surface Forces Logistics Center (SFLC) Patrol Boat Product Line (PBPL) anticipates awarding a Firm Fixed Price requirements contract with firm fixed price delivery orders to fulfill an ongoing need for various shipboard parts, components or assemblies used onboard its fleet of 87ft and 110 ft. patrol boats. Items are needed for upcoming vessel dry dock availabilities. SUPPLY LIST-Brand Name or Equivalent is Acceptable CLIN MANUFACTURER PART NUMBER NSN ANNUAL DEMAND 0001 110CWPB 259-003-LOWER-EXT-FLG 2990-01-460-0214 1 0002 110WPB259-006 ASSY A 2990-01-475-9800 1 0003 110CWPB 259-003-UPPER-EXH-FLG 2990-01-460-0205 1 0004 110CWPB259-003-S 4810-01-475-7855 1 0005 110CWPB259-003-P 4810-01-475-8271 1 0006 110WPB259-003 ASSEMBLY H 4320-01-475-8280 1 0007 110WPB259-003 ASSY J 4320-01-475-7884 1 0008 5686719 3130-01-442-2863 5 0009 110WPB-513-005 REV B 2040-01-486-7595 2 0010 110WPB259-005-S 2990-01-475-9354 1 0011 110WPB259-005-P 2290-01-475-9360 1 0012 110WPB259-006 ASSY C 4320-01-475-8806 1 0013 110WPB259-006-P 4810-01-475-8648 3 0014 110WBP259-006-S 4810-01-475-8415 4 0015 110WPB259-005 ASSY H 2990-01-475-9621 3 0016 110WPB259-005 ASSEMBLY J 2990-01-475-9620 4 0017 P3665703-A 5306-99-538-1451 25 0018 87WPB243-001 ITEM 39 5342-01-481-8403 64 0019 87WPB243-001 ITEM 2 2010-01-458-9217 20 0020 87WPB243-001 ITEM 3 5310-01-458-9125 25 0021 110WPB259-006 ASSEMBLY D 4320-01-475-8677 1 0022 87WPB 243-001 ITEM 14 3130-01-F11-2200 30 0023 87WPB 243-001 ITEM 17 3130-01-F11-2388 32 The anticipated NAICS Code is 332710, Machine Shops with a small business size standard of 500 employees. Period of Performance: It is anticipated that one firm, fixed-price contract for one (1) base year and four (4) option years will be awarded for this requirement. Submission of Information: If you intend to submit information / documentation on this acquisition, please respond e-mail by March 12, 2019 at 4:00 PM EST to: William.R.Zittle@uscg.mil The following information / documentation must be included in your response: (a) a positive statement of your intention to submit a quote for this solicitation as a prime contractor, to include: Name of Company, Address, DUNS Number, Point of Contact and Phone Number, Business Size for the applicable NAICS Code and, if applicable, your Small Business Status along with a copy of the Certificate from the Small Business Administration (SBA) certifying the company's small business status, and (b) evidence of experience in supplying the required items to include: Contract Numbers, Project Titles and Dollar Amounts, Points of Contact and Telephone Numbers. At least two references are requested, but more are desirable. All of the above must be submitted in sufficient detail for a decision to be made for a small business set-aside. The solicitation for this procurement indicating whether this will be pursued as a small business set-aside or on an unrestricted basis will be posted at www.fbo.gov. Disclaimer and Important Notes: The submission of this data for review shall not impede award of this contract as planned. The Government does NOT intend to pay for information solicited. For information regarding this acquisition, contact the Contracting officials listed herein. Regardless of the information obtained from this Sources Sought Notice, the Government reserves the right to consider any arrangement as deemed appropriate for this requirement. No proprietary, classified, confidential or sensitive information should be included in your response to this Sources Sought Notice. The Government reserves the right to use any information provided by respondents for any purpose deemed necessary and legally appropriate, including using technical information provided by respondents in any resultant solicitation. Responses to this Sources Sought Notice will not be considered adequate responses to any resultant solicitation. 70Z08019S17002B00 Department of Homeland Security US Coast Guard
3/4/19, 3:03 PM Doors and Hatches for 110' US Coast Guard Patrol Boats
Notice for Filing Agency Protests United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman. Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer 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. Commanding Officer USCG Surface Forces Logistics Center (CPD-C & P1-PBPL) 2401 Hawkins Point Road, Bldg. 31 LL Baltimore, MD 21226 Request for Quotes 70Z08019Q17002B00 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. A quote is being requested and a written solicitation will not be issued. This requirement will be satisfied using FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. II. The solicitation number is 70Z08019Q17002B00. The solicitation is being issued as a request for quotation (RFQ). III. The incorporated clauses and provisions are those in effect tough Federal Acquisition Circular (FAC) 2005-101. IV. The North American Industry Classification System (NAICS) Code for this contract is 332321, with a small business size standard of 750 employees. V. A list of the contract line item numbers (CLINS), items, quantities, and units of measure to be acquired for the contract can be found in the SCHEDULE OF SUPPLIES/PRICING - Attachment 1. VI. Description of the Requirement: The U.S. Coast Guard Surface Forces Logistics Center intends on awarding an indefinite delivery requirements contract with firm fixed price delivery orders for one (1) base year and four (4), one (1) year option periods for the manufacture of marine doors and hatches in various quantities using provided drawings and technical specifications for fit on U.S. Coast Guard 110' WPB coastal patrol boats. There is no brand name associated with these items: NSN Description 2040-01-297-2211 6 Dog, Solid, Quick Acting, Watertight, 25" x 57", Right Hand Steel Door 2040-01-304-4291 6 Dog, Solid, Quick Acting, Watertight, 25" x 57", Left Hand Steel Door 2040 01-293-5642 24"X 24", Aluminum, 4 Dog, Quick Acting, Raised Weathertight Hatch 2040 01-297-7880 26"X 33", Aluminum, 6 Dog, Quick Acting, Raised Weathertight Hatch 2040 01-298-5741 24"X 24", Aluminum, 4 Dog, Quick Acting, Flush Mount, Weathertight hatch 2040 01-295-3207 4 Individual Dog, Port Light, Weather Tight Door, 21" x 48", Right Hand, Aluminum 2040 01-294-3545 4 Individual Dog, 2 Window, Weather Tight Door, 24" x 54", Right Hand, Aluminum 2040 01-304-3609 4 Individual Dog, 2 Window, Weather Tight Door, 24" x 54", Left Hand, Aluminum 2040-01-297-2212 26" x 54" 6 Dog, Solid, Left Hand Aluminum, Weathertight Door 2040-01-297-2213 Standard Door, 26" x 54" 6 Dog, Port Light, Quick Acting, Aluminum, Weathertight Door, Right Hand Door 2040-01-304-6448 Standard Door, 26" x 54" 6 Dog, Port Light, Quick Acting, Aluminum, Weathertight Door, Left Hand Door Contract Type: The USCG, Surface Forces Logistics Center (SFLC) intends to award an indefinite delivery requirements contract with firm fixed price delivery orders. Place of Performance: Contractor's Facility. VII. Delivery: The Contractor will be required to ship units within 60 DAYS AFTER DATE OF DELIVERY ORDER for the Base Year and Option Periods 1-4: Place of Delivery - DESTINATION: All SSDG's shall be delivered to the following address: U.S. Coast Guard Surface Forces Logistics Center Receiving Room BLDG 88 2401 Hawkins Point Road Baltimore, MD 21226-5000 M/F: Contract Number: {To be furnished at the time of award} Task Order Number: {To be furnished with each individual order} The Government reserves the right to request Direct Delivery. Each individual delivery order will identify the delivery destination. VIII. FAR 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JAN 2017) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. (ADDENDUM) A. Submit an electronic copy of signed and dated quote to Jennifer Lucas and William Zittle at Jennifer.B.Lucas@uscg.mil and William.R.Zittle@uscg.mil no later than 14 May 2019 by 4:00 PM EDT. Submission shall include 70Z08019Q17002B00 in the subject line of the email. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation. B. Offeror must be registered and active in the System for Award Management (SAM), website location https://www.sam.gov, at time of submittal. Firms not actively registered in SAM may not be considered. C. The data submission must include sufficient detail to allow the Coast Guard to evaluate the quotation relative to the requirements. As a minimum, offers must show: (1) The solicitation number 70Z08019Q17002B00 (2) The Company Name, DUNS Number, Solicitation Number, Address and Point of Contact Name, Telephone Number and E-mail Address; (3) At least two (2) relevant past performance references/contract numbers completed within the last tee (3) years. References must be relevant to the scope of work to be performed under the contract resulting from this solicitation. (4) Warranty Information: Quotations must include details of the offeror's manufacturer's warranty services and warranty support plan. Quotation must document the length of warranty support including number of operational hours and or calendar days which the item will be warranted free of defects. At a minimum offerors will provide a single point of contact for warranty claims. Claims may be made from 0800 to 1630 EST, Monday tough Friday. Quotation shall provide a plan for warranty resolution within 24 hours of notification; (5) Quotation must include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. A completed copy of the representations and certifications at FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration; (6) Provide prices for all line items/CLINS (Attachment 1) for the base and all option periods. Enter pricing and provide an affirmative statement that supplies will be shipped F.O.B. Destination (meaning the cost of shipping is included in the cost of the overhaul) in accordance with the required individual packaging, marking and bar-coding requirements. The price shall represent the best price in response to the request for quote. All prices on CLINs shall be a firm fixed-price. The total of all CLINS shall be added together to arrive at an aggregate total. Quote submitted in response to this solicitation shall stand firm for 120 calendar days from the date specified in this solicitation for receipt of quote. (7) A statement of conformance with the required delivery schedule to ship units within 60 DAYS AFTER DATE OF DELIVERY ORDER for the Base Year and Option Periods 1-4. IX. EVALUATION CRITERIA The provision at Federal Acquisition Regulation (FAR) 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 13.106-2 based on the criteria listed below. The Government will award a contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotations: Past Performance Price Technical Acceptability Basis for Award: Award will be "based on whether the lowest priced of the quotations or offers having the highest past performance rating possible represents the best value when compared to any lower priced quotation or offer," in accordance with FAR 13.106-2(b)(4)(ii). FACTOR #1 PAST PERFORMANCE Offerors shall furnish the information listed below for at least two (2) relevant past performance references completed within the last tee (3) years that are relevant to this requirement (i.e., the same or similar requirement) and are held with government (federal, state, local), private or commercial entities. Note: The Government may use past performance information obtained from any source to evaluate past performance. All information obtained will be used to determine the offeror's ability to perform the contract successfully. The Contracting Officer will evaluate the quality of past performance and perform a responsibility determination. The assessment of past performance will be used to evaluate the relative capability to successfully meet the requirements in the specification. Each offerors past performance shall be evaluated according to the following factors: Quality of Product or Service Schedule Business Relations Management of Key Personnel In evaluating offerors past performance, the government intends to review Contractor Performance Assessment Reports and other existing past performance rating on relevant contracts. General trends in an offerors performance will also be considered. References other than those provided by the Offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror's past performance such as government databases and internal organization. Offerors lacking relevant past performance history will receive a Neutral Rating for past performance. The offeror will be evaluated neither favorably nor unfavorably on past performance. Relevant Past Performance history will be rated higher than Neutral past performance. FACTOR #2: PRICE The price shall be evaluated to determine fairness and reasonableness. The Government intends to evaluate quotations and award a contract on initial quotes. Therefore, the initial quotation should contain the best terms from a price standpoint and all other factors being considered. The Government reserves the right to seek information clarifying any element of a quotation prior to award. FACTOR #3: TECHNICAL ACCEPTABILITY The Doors and Hatches provided must meet the same requirements for form, fit and function per provided drawings and specifications. Doors and hatches must be the correct size to fit existing openings, correct swing configuration and operating mechanisms must be smooth operating without binding. Doors and Hatches must meet pressure and fire ratings. FAR 52.217-5 EVALUATION OF OPTIONS (JULY 1990) Except when it is determined in accordance with FAR17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of clause) X. Offerors must include a completed copy of the provision FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (NOV 2017) with its offer. XI. FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERICIAL ITEMS (JAN 2017) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. (ADDENDUM) FAR 52.212-3 OFFERER REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS Oct 2018 Alternate I of 52.212-3 Oct 2014 The contractor shall complete only paragraph (b) of this provision if the contractor has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed tough https://www.sam.gov. If the contractor has not completed the annual representations and certifications electronically, the contractor shall complete only paragraphs (c) tough (u)) of this provision. (End of Provision) XII. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS- COMMERICIAL ITEMS (JAN 2019) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (5) 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: 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). X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). X (49) 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). X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332). X (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). (End of Clause) XIII. Additional contract requirements: FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at http://farsite.hill.af.mil/. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporated one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://farsite.hill.af.mil/. FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) (DHS - USCG DEVIATION 14-01) FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (JAN 2017) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.232.39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 52.247-34 F.O.B. Destination (NOV 1991) HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003) FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY or a FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) FAR 52.216-21 REQUIREMENTS (OCT 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion of the last task order that is issued before the expiration of this Contract. (End of Clause) FAR 52.216-18- ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award tough one (1) year with options not to exceed the term of four (4) additional years thereafter. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods ONLY if authorized in the Schedule. (End of Clause) 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than QTY of 1 ea, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of QTY of 50 ea; (2) Any order for a combination of items in excess of QTY of 50 ea; or (3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph(b)(1) or (2) of this section. (c) If this is a requirements contract (i.e.,includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph(b) of this section. (d) Notwithstanding paragraphs(b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph(b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) FAR 52.217-9 - OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 1 day before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. (End of Clause) FAR 52.252-6 - AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. 52.203-17 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause) HSAR 3052.209-79 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) 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: (b) Clauses. X 3052.205-70 Advertisement, Publicizing Awards, and Releases. X 3052.217-100 Guarantee. (USCG) X 3052.242-72 Contracting Officer's Technical Representative. X 3052.247-72 F.O.B. Destination Only CONTRACT ADMINISTRATION: The Contracting Officer or authorized representative located at the USCG SFLC, Baltimore, MD shall be the contract administrator for this contract. Any written correspondence shall be delivered to the Contract Officer's authorized representative at the following address: William Zittle, Contract Specialist USCG Surface Forces Logistics Center (CPD-C & P1-PBPL) 2401 Hawkins Point Rd Bldg. 31 LL Baltimore, MD 21226 Or submitted electronically to: William.R.Zittle@uscg.mil INVOICING REQUIREMENTS: (a) All information set forth in FAR Clause 52.212-4(g), Contract Terms and Conditions - Commercial Items, Invoice, must be included in an invoice for it to constitute a proper invoice. (b) An original invoice shall be submitted to the following designated payment office: https://www.fincen.uscg.mil/secure/web_invoices.htm - or e-mail to: fin-smb-yardteam@uscg.mil - or mail to: Yard Commercial Invoices U.S. Coast Guard Yard P.O. Box 4122 Chesapeake, VA 23327-4122 Failure to submit invoices directly to this office will delay prompt payment of your invoice. A copy of any invoice submitted for payment must also be forwarded to the Contract Administrator. ELECTRONIC FUNDS TRANSFER Any payment that the USCG makes to you will be made by electronic funds transfer unless you certify in writing that you do not have an account with a financial institution or an authorized payment agent. Invoices shall include: (1) Name and address of the Contractor; (2) Invoice date and number; (3) Contract number, contract line item number and, if applicable, the order number; (4) Description, quantity, unit of measure, unit price and extended price of the items delivered; (5) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (6) Terms of any discount for prompt payment offered; (7) Name and address of official to whom payment is to be sent; (8) Name, title, and phone number of person to notify in event of defective invoice; and (9) Data Universal Numbering System (DUNS) number. The Contractor shall include its DUNS number on the invoice. (10) Electronic funds transfer (EFT) banking information. 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. COMMERCIAL WARRANTY The Contractor agrees that the supplies furnished under this contract shall be covered by the most favorable warranties the Contractor gives to any customer for such supplies and services and by the rights and remedies provided to the Government by law or by any other clause of this contract. If the item(s) required in the contract resulting from this solicitation are customarily warranted in the trade by a standard commercial warranty, such warranty shall be incorporated into this contract and thereby provided to the Government at no additional cost. At a minimum, Contractor warranty support will consist of a single point of contact for warranty claims. Claims may be made from 0800 to 1630 EST, Monday tough Friday. Warranty resolution should be within 24 hours of notification. Provision of these services must not affect the Contractor's ability to meet established due dates detailed in the contract. The contractor's warranty resolution plan will be incorporated into the subsequent contract. REQUIRED STANDARD OF WORKMANSHIP Unless otherwise specifically provided in this contract, the quality of all supplies and services rendered hereunder shall conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies and services shall be rendered or supervised directly by individuals fully qualified in the relevant profession, trade, or field, and holding any licenses required by law. If the contractor's organization as standard practice in the sale of these items issues a certificate of warranty setting forth the terms and conditions of their Standard Commercial Warranty, any contract resulting from this solicitation shall require the contractor to submit said certificate with each unit. Marking for 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. Packing List: All material shipped or delivered to the U.S. Coast Guard Surface Forces Logistics Center under this contract must be accompanied by an itemized packing list that cites the proper contract and task order number. Each packing unit shall have a list of all items contained in that unit, and a duplicate list shall be attached to the outside of the package in a waterproof envelope securely attached in a conspicuous place, but so located as to reduce the possibility of loss in shipping and handling. NOTE: Failure to prepare for shipment any item, and/or mark all packages, boxes, etc. as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor's expense. Government Acceptance (destination): Final acceptance shall be made by a Government representative at destination within ten (10) days of receipt. 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. 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: Contract Price Percentage to be Withheld Less than $250,000.00 10.00% $250,000.00 to $1,000,000.00 5.00% Greater than $1,000,000.00 2.00% (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 SYSTEM (CPARS) (a) General: The USCG 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 Subpart 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 or base year and each option year, if exercised, the contractor will be notified of the assessment. The contractor will be allowed 60 days to respond to the SFLC's assessment of its performance entered into CPARS. The contractor's response, if any, will be made part of the CPAR system. (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; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor. FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) (a) Protests, as defined in FAR 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 Jennifer B. Lucas at: USCG Surface Forces Logistics Center CPD C & P1 PBPL 2401 Hawkins Point Road, Bldg 31 LL Baltimore, MD 21226 (b) The copy of any protest shall be received in the office designated above within one (1) day of filing a protest with the GAO. (End of provision) HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for at least 80 percent each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 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 awaiver has been applied for, shall be attached to the bid or quotation. (End of Clause) FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) 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) FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) This contract is subject to the written approval of the CPD-C & P1 Section Chief and shall not be binding until so approved. (End of Clause) XIV. Quotations are due 14 May 2019, no later than 4:00 PM EST. Quotes must be submitted electronically to William.R.Zittle@uscg.mil and Jennifer.B.Lucas@uscg.mil . XV. Questions are due via email no later than 9 May 2019, by 12:00 Noon EST to email address William.R.Zittle@uscg.mil and Jennifer.B.Lucas@uscg.mil. 70Z08019S17002B00 Department of Homeland Security US Coast Guard
5/1/19, 8:45 AM