WEDGE
ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)|19||||||||||||||||||||
HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (NAVICP REVIEW FEB 1991)(FEB 1999)|1|ISO 9001 IS APPLICABLE|
INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)|2|||
PRODUCTION LOT TESTING|1|40|
INSPECTION AND ACCEPTANCE - SHORT VERSION|8|X||X||||||
STOP-WORK ORDER (AUG 1989)|1||
GENERAL INFORMATION-FOB-DESTINATION|1|B|
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)|16|INVOICE AND RECEIVING REPORTS (COMBO)|N/A|TBD|N00104|TBD|TBD|SEE SCHEDULE|N/A|N/A|N/A|N/A||||||
NAVY USE OF ABILITYONE SUPPORT CONTRACTOR - RELEASE OF OFFEROR INFORMATION (3-18))|1|WSS|
TRANSPORTATION OF SUPPLIES BY SEA (JAN 2023)|2|||
NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (OCT 2020)(DEVIATION 2020-O0008)|1||
ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2020)|13||||||||||||||
ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)|13|332510|750||||||||||||
NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PERPARDENESS, AND ENRGY PROGAM USE (APRIL 2008))|2|X||
UNLESS OTHERWISE SPECIFIED, PRICING FOR THIS QUOTATION IS VALID FOR 60 DAYSAFTER THE CLOSING DATE AS INDICATED ON THE QUOTATION. PLEASE SPECIFY (IF OTHERTHAN 60 DAYS) _________ DAYS.
IF YOU ARE SUBMITTING YOUR QUOTE VIA EMAIL OR NECO, PLEASE SPECIFY THE NUMBEROF DAYS PRICING IS VALID.
ADDITIONAL REQUIREMENTS APPLICABLE, SEE DD FORM 1423
ALL CONTRACTUAL DOCUMENTS (I.E. CONTRACTS, PURCHASE ORDERS, TASK ORDERS,DELIVERY ORDERS AND MODIFICATIONS) RELATED TO THE INSTANT PROCUREMENT ARECONSIDERED TO BE 'ISSUED'BY THE GOVERNMENT WHEN COPIES ARE EITHER DEPOSITED INTHE MAIL, TRANSMITTED BY FACSIMILE, OR
SENT BY OTHER ELECTRONIC COMMERCEMETHODS, SUCH AS EMAIL. THE GOVERNMENT'S ACCEPTANCE OF THE CONTRACTOR'SPROPOSAL CONSTITUTES BILATERAL AGREEMENT TO 'ISSUE' CONTRACTUAL DOCUMENTS ASDETAILED HEREIN.
1. SCOPE
1.1 ;This procurement specification contains the requirements for manufacture and the contract quality requirements for ;Wedge; for use on Navy submarines.;
2. APPLICABLE DOCUMENTS
2.1 Applicable Documents - The document(s) listed below form a part of this contract/purchase order including modifications or exclusions.
2.1.1 Documents, drawings, and publications supplied are listed under "Drawing Number". These items should be retained until an award is made.
2.1.2 "Document References" listed below must be obtained by the Contractor. Ordering information is included as an attachment to this contract/purchase order.
2.1.3 The "Document Changes" section provides supersessions/changes to referenced documents.
2.2 Order of Precedence - In the event of a conflict between the text of this contract/purchase order and the references and/or drawings cited herein, the text of this contract/purchase order shall take precedence. Nothing in this contract/purchase order,
however, shall supersede applicable laws and regulations unless a specific exemption has been obtained.
DRAWING DATA=4491157 |25685| E| |D| 0001 | E|E4999|8458377
DOCUMENT REF DATA=MIL-STD-130 | | |N |121116|A| |01|
DOCUMENT REF DATA=MIL-STD-973 | | | |950113|A| |03|
DOCUMENT REF DATA=ISO 9001 | | | |150915|A| | |
DOCUMENT REF DATA=ISO 10012 | | | |030415|A| | |
DOCUMENT REF DATA=MIL-I-45208 | | |A |810724|A| 1| |
DOCUMENT REF DATA=NCSL Z540.3 | | | |060803|A| | |
DOCUMENT REF DATA=A-A-59588B | | | |120130|A| | |
DOCUMENT CHANGE DATA=ZZ-R-765 |DLA A-A-59588
3. REQUIREMENTS
3.1 ;Design and Manufacturing - The ;Wedge; furnished under this contract/purchase order shall meet the material, physical and mechanical requirements as specified on Drawing 4491157, Item No. 76A including associated specifications mentioned in this
procurement.;
3.2 ;Marking Requirements - The supplier shall permanently mark each production lot unit ;Wedge; in accordance with Notes 9, 22 and 23 of Drawing 4491157 per MIL-STD-130. ;
3.2.1 ;The supplier shall mark ;tag or bag; each part with contract, lot or batch and serial number per MIL-STD-130.;
3.3 ;Notification - The supplier shall notify Naval Surface Warfare Center, Philadelphia Division, (NSWCPD), 5001 S. Broad Street, Philadelphia, PA 19112-1403 by email matthew.j.ogilvie.civ@us.navy.mil, Code 242MO after award of contract.;
3.3.1 ;The NSWCPD is the acceptance activity for the Contract Data Requirements List (DD1423) Data Items. NSWCPD WAWF/IRAPT ;Acceptor; DODACC is ;N64498;.;
3.4 Configuration Control - MIL-STD-973 entitled "Configuration Management", Paragraph 5.4.8, Configuration Control (Short Form Procedure), is hereby incorporated. The Contractor shall submit all Engineering Change Proposals in accordance with MIL-STD-973,
Paragraph 5.4.8.2 and Appendix D. Requests for Deviations shall be processed in accordance with MIL-STD-973, Paragraph 5.4.8.3 and Appendix E. Requests for Waivers shall be processed in accordance with MIL-STD-973, Paragraph 5.4.8.4 and Appendix E. (Original
and two copies shall be submitted to Contracting Officer, NAVICP-MECH, P. O. Box 2020, Mechanicsburg Pa. 17055-0788.)
3.4.1 Configuration Control - When the Contractor has received authorization on a prior contract for the same NSN for the use of a drawing of a later revision status, that authorization is hereby extended to all succeeding contracts/purchase orders until
another drawing revision is approved. The Contractor will notify the PCO of this occurrence in each instance, in the response to the solicitation. Such notification shall be in writing setting forth the contract under which the prior authorization was granted,
the date of the granting of the authorization, and the name of the granting authority.
Contractors shall also refer technical inquiries (other than those covered by MIL-STD-973) on company letterhead signed by a responsible company official, with copies distributed as stated below.
The original and two copies of all Contractor generated correspondence regarding configuration shall be submitted to Contracting Officer, NAVICP-MECH, P.O. Box 2020, Mechanicsburg, PA 17055-0788.
Contractors are cautioned that implementing engineering changes, waivers, deviations or technical inquiries into the contract/purchase order without approval of the Contracting Officer will be at the sole risk of the Contractor.
3.5 Mercury Free - The material supplied under this contract/purchase order is intended for use on submarines/surface ships and therefore shall contain no metallic mercury and shall be free from mercury contamination. Mercury contamination of the material
will be cause for rejection.
If the inclusion of metallic mercury is required as a functional part of the material furnished under this contract, the Contractor shall obtain written approval from the Procurement Contracting Officer before proceeding with manufacture. The
contractor's request shall explain in detail the requirements for mercury, identify specifically the parts to contain mercury, and explain the method of protection against mercury escape. Such a request will be forwarded directly to the Procurement Contracting
Officer with a copy to the applicable Government Inspector. Upon approval by the Contracting Officer, the vendor will provide a "Warning Plate" stating that metallic mercury is a functional part of the item and will include name and location of that part.
The use of mercury, mercury compounds, or mercury-bearing instruments and/or equipment in a manner which might cause contamination in the manufacture, assembly, or test of material on this contract is prohibited. The most probable causes of
contamination are direct-connected manometers, mercury vacuum pumps, mercury seals, or the handling of mercury in the immediate vicinity. Mercury switches, mercury in glass thermometers, standard cells and other items containing mercury may be used if they are
located so as not to constitute a contamination hazard.
If external contamination by metallic mercury occurs or is suspected, the following test may be used to determine whether contamination by metallic mercury exists or whether corrective cleaning measures have been effective. Enclose the equipment in a
polyethylene bag or close-fitting airtight container for eight hours at room temperature (70 degrees F minimum).Sample the trapped air and if mercury vapor concentration is 0.01 mg/cu meter or more, the material is mercury contaminated insofar as the
requirements of this contract are concerned.
These requirements shall be included in any subcontract or purchase order hereunder and the Contractor shall insure SubContractor compliance with these requirements.
Technical questions pertaining to these requirements shall be referred to the Procurement Contracting Officer via the cognizant Administrative Contracting Officer. For background, the following information is provided:
Mercury is corrosive to gold, silver, nickel, stainless steels, aluminum and copper alloys. Stainless steels, nickel, and copper alloys are widely used in reactor plants and other submarine/surface ship systems. Accidental trapping of mercury in a
component could cause serious damage to vital parts. Mercury is also toxic if inhaled, ingested, or absorbed through the skin. It is evident that grave consequences could result from small amounts of mercury vapor present in an unreplenished submarine/surface
ship atmosphere.
4. QUALITY ASSURANCE
4.1 Responsibility for Inspection - Unless otherwise specified in the contract/purchase order, the Contractor is responsible for the performance of all inspection requirements as specified herein. Except as otherwise specified in the contract/purchase order,
the Contractor may use his own or any other facilities suitable for the performance of the inspection requirements specified herein, unless disapproved by the Government. The Government reserves the right to perform any of the inspections set forth in the
specification where such inspections are deemed necessary to assure supplies and services conform to prescribed requirements.
4.2 Responsibility for Compliance - All items must meet all requirements of this contract/purchase order. The inspection set forth in this specification shall become a part of the Contractor's overall inspection system or quality program. The absence of any
inspection requirements shall not relieve the Contractor of the responsibility of assuring that all products or supplies submitted to the Government for acceptance comply with all requirements of the contract/purchase order. Sampling in quality conformance
does not authorize submission of known defective material, either indicated or actual, not does it commit the Government to acceptance of defective material.
4.3 Records - Records of all inspection work by the Contractor shall be kept complete and available to the Government during the performance of contract/purchase order and for a period of 365 calendar days after final delivery of supplies.
4.4 ;Inspection System - The Supplier's Quality Inspection System shall be in accordance with MIL-I-45208 or ISO 9001 and NCSL Z540.3 or ISO 10012. The Supplier shall develop and submit their written Quality Inspection and Test Plan as indicated on the
Contract Data Requirements List (DD form 1423). Government approval of the supplier's written Quality Inspection and Test Plan is required by the contract.
CDRL: QUALITY INSPECTION & TEST PLAN per MIL-I-45208, NCSL Z540.3 and DI-QCIC-81110;
4.5 ;Finished Edges - Finished edges shall be in accordance with the applicable drawing requirements.;
4.6 ;Material Control - The supplier shall have an effective material control system that provides for certified industrial laboratory analysis by lot batch for raw material ordered for production lot units. The analysis shall establish the physical and
mechanical properties for the non-metallic material as specified in the applicable material specification.;
4.7 ;Production Lot.;
4.7.1 ;Visual/Dimensional Inspection - The supplier shall visually and physically inspect 100% the production lot units and record the actual measurements of each dimension identified on the applicable drawing. ;
4.7.2 ;Production Lot Testing/Inspection Reports and Acceptance - (Supplier Testing/ Inspection). The supplier shall submit for the completed production units testing/inspection reports in compliance with the applicable Data Item Descriptions (DIDs) and
drawing. The Production Lot Testing/Inspection report shall consist of ;Certified Industrial Laboratory Analysis for Material; Visual/Dimensional Inspection Report and Mercury Exclusion Certification; identified in the Objective Quality Evidence Records
Section of this document, and as indicated on the Production Lot Test/Inspection (PLT) Contract Data Requirements List (DD Form 1423). Government approval of the production lot testing/inspection report is srequired prior to shipment of production lot units.
CDRL: PRODUCTION LOT TESTING/INSPECTION REPORT per DI-NDTI-80809B;
4.8 ;Production Lot Inspection/Acceptance - (Supplier Testing/Inspection). The supplier shall submit for the production lot units, the inspection and test reports identified in the Objective Quality Evidence Records Section of this document and as indicated
on the Contract Data Requirements List (DD Form 1423). Government approval is required prior to shipment of production units. ;
4.9 ;Final Inspection and Acceptance - Final inspection and acceptance of production lots shall be made by the cognizant DCMA-QAR in conjuction with the Specific Government Inspection Instructions (SGIIs) furnished by NSWCPD. In addition to the normal DCMA
surveillance, the production unit(s) shall be under the surveillance of NSWCPD Quality Assurance Specialist as required.;
4.10 ;Objective Quality Evidence Records - The supplier shall maintain Objective Quality Evidence Data (OQEDs) of raw material and finished parts. Records shall be traceable by drawing/item, lot or batch, serial and contract number. All OQEDs shall be
clearly legible including name and title. The supplier may provide exact (quality) photocopies of objective quality evidence records being delivered under this purchase order instead of originals.;
4.10.1 ;The supplier shall furnish a copy of the following OQEDs listed below and as indicated on the Contract Data Requirements List (DD Form 1423) for acceptance. The reports shall be correlated to the drawing/item, lot or batch, serial and contract
number. Supplier format is acceptable for the below listed CDRLs.
a.Certified Quantitative Industrial Laboratory Analysis for Rubber (Natural) Class 2B, Grade 60 Material.
CDRL: CERTIFIED INDUSTRIAL LABORATORY ANALYSIS per DI-MISC-80678
b.Visual/Dimensional Inspection Reports shall show all the characteristics, the actual measurement results of each dimension inspected including contract number, name of supplier, drawing/item number, drawing revision letter, lot or batch and serial number of
finished parts, item nomenclature, inspector's acceptance signature and date.
CDRL: VISUAL/DIMENSIONAL INSPECTION REPORT per DI-NDTI-80809B
c.Mercury Exclusion Certification (representing the contract units shipment).
CDRL: MERCURY EXCLUSION CERTIFICATION per DI-MISC-80678;
5. PACKAGING
5.1 Preservation, Packaging, Packing and Marking - Preservation, Packaging, Packing and Marking shall be in accordance with the Contract/Purchase Order Schedule and as specified below.
MIL-STD 2073 PACKAGING APPLIES AS FOUND ELSEWHERE IN THE SCHEDULE
6. NOTES
6.1 Ordering Information for Document References - The Department of Defense Single Stock Point (DODSSP), Website http://www.dsp.dla.mil/, provides product information for the Department Of Defense Index Of Specifications and Standards (DODISS)
(i.e.Military/Federal Specifications and Standards), Data Item Descriptions (DIDs), and other DODSSP Products.
A. Availability of Cancelled Documents - The DODSSP offers cancelled documents that are required by private industry in fulfillment of contractual obligations in paper format. Documents can be requested by phoning the Subscription Services Desk.
B. Commercial Specifications, Standards, and Descriptions - These specifications, standards and descriptions are not available from Government sources. They may be obtained from the publishers of the applicable societies.
C. Ordnance Standards (OS), Weapons Specifications (WS), and NAVORD OSTD 600 Pages - These type publications may be obtained by submitting a request to:
Commander, Indian Head Division, Naval Surface Warfare Center
Code 8410P, 101 Strauss Avenue
Indian Head, MD 20640-5035
D. On post-award actions, requests for "Official Use Only" and "NOFORN" (Not Releasable To Foreign Nationals) documents must identify the Government Contract Number, and must be submitted via the cognizant Defense Contract Management Command (DCMC) for
certification of need for the document. On pre-award actions such requests must be submitted to the PCO for certification of need for the document.
E. NOFORN Military Specifications and Standards (including Amendments, Change Notices and Supplements, but NOT interim Changes) to be ordered from:
Contracting Officer
NAVICP-MECH
Code 87321
5450 Carlisle Pike
P.O. Box 2020
Mechanicsburg, Pa. 17055-0788
F. Nuclear Reactor Publications Assigned NAVSEA Documents and Identification Numbers (i.e. NAVSEA Welding Standard, NAVSEA 250-1500-1) are to be ordered from:
Commanding Officer
NAVICP-MECH
Code 009
5450 Carlisle Pike
P.O. Box 2020
Mechanicsburg, Pa. 17055-0788
G. Technical Manuals Assigned NAVSEA Identification Numbers (i.e. NAVSEA Welding And Brazing Procedure, NAVSEA S9074-AQ-GIB-010/248) are to be ordered from:
Naval Inventory Control Point
Code 1 Support Branch
700 Robbins Avenue
Phildelphia, Pa. 19111-5094
H. Interim Changes and Classified Specifications shall be obtained by submitting a request on DD Form 1425 to NAVICP-MECH.
DATE OF FIRST SUBMISSION=ASREQ
;;APPROVAL OF THE QUALITY INSPECTION PLAN BY NSWC PHILADELPHIA IS DIVISION IS REQUIRED PRIOR TO PRODUCTION;;
;;NSWCPD IS THE ACCEPTANCE ACTIVITY FOR CDRL DATA ITEM A001. NSWCPD WAWF/IRAPT ACCEPTOR DODACC IS "N64498".;;
DATE OF FIRST SUBMISSION=ASREQ
;;SUPPLIER FORMAT IS ACCEPTABLE.;;
;;PLT REPORT SHALL CONSIST OF OQED RECORDS LISTED IN CONTRACT SECTION E: CERTIFIED INDUSTRIAL LABORATORY ANALYSIS FOR MATERIAL; VISUAL/DIMENSIONAL INSPECTION REPORT AND MERCURY EXCLUSION CERTIFICATION.;;
;;APPROVAL OF THE REPORT BY NSWC PHILADELPHIA DIVISION IS REQUIRED PRIOR TO SHIPMENT OF PRODUCTION LOT UNITS.;;
;;NSWCPD IS THE ACCEPTANCE ACTIVITY FOR CDRL DATA ITEM A002. NSWCPD WAWF/IRAPT ACCEPTOR DODACC IS "N64498".;;
N0010423QNF17 Department of the Navy Naval Supply Systems Command
7/6/23, 3:59 AM 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 through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.
Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.
The Ombudsman Hotline telephone number is 202.372.3695.
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 through 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 three (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 through 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 through https://www.sam.gov. If the contractor has not completed the annual representations and certifications electronically, the contractor shall complete only paragraphs (c) through (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 three (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 through 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 through 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) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
(End of Provision)
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