RFP_70Z02318RMSF00100.pdf
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- Solicitation number
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| Attachment_1-Statement-of-Work_-_Revised_8-7-2018.pdf | ||
| RFP_70Z02318RMSF00100_A0001.pdf |
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REQUEST FOR PROPOSAL 70Z02318RMSF00100
VESSEL TRAFFIC SERVICE (VTS) TRAINING CLASS AND CURRICULUM
UPDATES
TABLE OF CONTENTS
SF 1449, Solicitation for Commercial Items Pages 01-04
Continuation of SF 1449, Contract Clauses Pages 05-22
Statement of Work (SOW) Attachment 1 (pdf)
Pricing Worksheet Attachment 2 (xml)
Past Performance Questionnaire Attachment 3 (doc)
Solicitation Instructions and Provisions Attachment 4 (doc)
VTS IALA Course Syllabus Attachment 5 (pdf)
VTS Certification Course Attachment 6 (pdf)
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.
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
Washington DC 205930001
2703 MARTIN LUTHER KING JR AVE SE
USCG HEADQUARTERS (CG-912)
CODE 16. ADMINISTERED BYCODE
X
X
611519
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OR234
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
08/13/2018 1200 ET
06/29/2018
2024753777Michael Bumgardner (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
70Z02318RMSF00100
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 27 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Washington DC 205930001
2703 MARTIN LUTHER KING JR AVE SE
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$15.0
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
USCG HEADQUARTERS (CG-912)
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
This is a firm fixed price IDIQ contract to acquire Vessel Training Service (VTS) Watchstander Certification Classes and Annual Curriculum Updates for the USCG Office of Shore Forces, CG-741 in accordance with the attached Statement of Work (Attachment 1). All training and curriculum updates will be executed via task orders. The period of performance consists of a 12-month base period, with three (3), 12-month option periods.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Candice Rininger
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Base Period of Performance [Inserted after Award]
Option Period 1 Performance [Inserted after Award]
Option Period 2 Performance [Inserted after Award]
Option Period 3 Performance [Inserted after Award]
Period of Performance: 09/10/2018 to 09/09/2022
00001 VTS Training Class (Includes Training Materials 60 EA for Student/Instructor, Certificates)
Base Period (Dates added after Award)
Firm Fixed Price
Max Students Per CLIN = 60
Max Students Per Class = 12
Minimum Students Per Class = 8
Classes ordered via Task Orders
(Dates of Classes determined after award)
00002 Base Period Annual Curriculum Updates
Firm Fixed Price
00003 Travel (In Accordance With - FAR 31.205.46)
Not to Exceed = $2,300.00
00004 Software Curriculum Development
Firm Fixed Price
10001 VTS Training Class (Includes Training Materials 60 EA for Student/Instructor, Certificates)
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
27 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 27
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70Z02318RMSF00100
Option Period 1 (Dates added after Award)
Firm Fixed Price
Max Students Per CLIN = 60
Max Students Per Class = 12
Minimum Students Per Class = 8
Classes ordered via Task Orders
(Dates of Classes determined after award)
(Option Line Item)
0 Days After Award
10002 Option Period 1 Annual Curriculum Updates
Firm Fixed Price
(Option Line Item)
0 Days After Award
10003 Travel (In Accordance With - FAR 31.205.46)
Not to Exceed = $2,400.00
(Option Line Item)
0 Days After Award
20001 VTS Training Class (Includes Training Materials 60 EA for Student/Instructor, Certificates)
Option Period 2 (Dates added after Award)
Firm Fixed Price
Max Students Per CLIN = 60
Max Students Per Class = 12
Minimum Students Per Class = 8
Classes ordered via Task Orders
(Dates of Classes determined after award)
(Option Line Item)
0 Days After Award
Period of Performance: 09/09/2018 to 09/09/2022
20002 Option Period 2 Annual Curriculum Updates
Firm Fixed Price
(Option Line Item)
0 Days After Award
20003 Travel (In Accordance With - FAR 31.205.46)
Not to Exceed = $2,500.00
(Option Line Item)
0 Days After Award
30001 VTS Training Class (Includes Training Materials 60 EA for Student/Instructor, Certificates)
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
4 27
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70Z02318RMSF00100
Option Period 3 (Dates added after Award)
Firm Fixed Price
Max Students Per CLIN = 60
Max Students Per Class = 12
Minimum Students Per Class = 8
Classes ordered via Task Orders
(Dates of Classes determined after award)
(Option Line Item)
0 Days After Award
30002 Option Period 3 Annual Curriculum Updates
Firm Fixed Price
(Option Line Item)
0 Days After Award
30003 Travel (In Accordance With - FAR 31.205.46)
Not to Exceed = $2,600.00
(Option Line Item)
0 Days After Award
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
CONTRACT CLAUSES AND SUPPLEMENTAL TERMS AND CONDITIONS
Addendum to FAR 52.212-4
The clause FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Jan 2017) incorporated by reference is amended as to supplement with the following terms and conditions:
METHOD OF PAYMENT AND INVOICING INSTRUCTIONS
Supplemental Invoice Submission Instructions for CG-912 to 52.212-4(g):
a) Each invoice shall contain the following information:
(1) Contract and Order Number
(2) Name of the Contract Specialist or Contracting Officer
(3) Invoice Routing Code (IRC) provided in paragraph (b) below.
(4) Annotation on the invoice indicating that the contractor represents a Small
Business for accelerated payment purposes
b) The Coast Guard unique Invoice Routing Code (IRC) for this contract is: CG-9123
c) Each invoice must be submitted to the designated billing office via one of the following modes listed in descending order of preference:
(1) FINCEN Website invoice receipt form:
http://www.fincen.uscg.mil/electron_cg24.htm
(2) Mailed to: Commercial Invoices
U.S. Coast Guard Finance Center
1430A Kristina Way
Chesapeake, VA 23326
d) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe .pdf formatted file, or as otherwise specified in the contract.
e) Supporting documentation along with a courtesy copy of the invoice shall also be e-mailed to the Contract Specialist, Contracting Officer and COR.
f) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:
(1) On the later of:
(i) For invoices that are mailed, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.
(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or
(ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless a)The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or
b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;
(2) On the date placed on the invoice by the contractor, when the agency fails to voice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or
(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.
(4) Web-based submission by the contractor and receipt confirmation does not reflect
Government review or acceptance of the invoice.
(5) Payment inquiries and status may be obtained - at the following website:
https://www.fincen.uscg.mil/secure/payment.htm
The Coast Guard Contracting Officer’s Representative (COR) is [To be inserted at award] who can be contacted at [To be inserted at award] or at email: [To be inserted at award].
The Contract Specialist is [To be inserted at award] who can be contacted at [To be inserted at award] or at e-mail: [To be inserted at award].
The Contracting Officer is [To be inserted at award] who can be contacted at [To be inserted at award] or at e-mail: [To be inserted at award].
The Contractor’s Point of Contact is [To be inserted at award] who can be contacted at [To be inserted at award] or at email: [To be inserted at award].
FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.
(End of clause)
FAR 52.217-9 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting
Officer may exercise the option by written notice to the Contractor within 30 days from end of contract.
(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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) year from time of award.
FAR 52.252-2: CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates 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 these addresses:
www.acquisition.gov/far/ http://www.dhs.gov/publication/hsar
The following is the summary of applicable FAR & HSAR clauses incorporated by reference:
NUMBER TITLE/DATE
Clause No. Title Date
52.203-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014
52.203-12 Limitation on Payment to Influence Certain Federal Transactions OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015
52.203-16 Preventing Personal Conflicts of Interest DEC 2011
52.203-17 Contractor Employee Whistleblower Rights and Requirement to
Inform Employees of Whistleblower Rights
APR 2014
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-2 Security Requirements AUG 1996
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content
Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontractor
Awards
OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016
52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery
Contracts
OCT 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014
52.209-6 Protecting the Government’s Interest when Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JUL 2013
52.209-10 Prohibition with Contracting with Inverted Domestic Corporations NOV 2015
52.210-1 Market Research APR 2011
52.215-2 Audit and Records- Negotiation OCT 2010
52.215-8 Order of Precedence- Uniform Contract Format OCT 1997
52.215-11 Price Reduction for Defective Certified Cost or Pricing Data --
Modifications
AUG 2011
52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications OCT 2010
52.215-15 Pension Adjustments and Asset Reversions OCT 2010
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other Than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other
Than Certified Cost or Pricing Data—Modifications
OCT 2010
52.215-23 Limitations on Pass-Through Charges OCT 2009
52.219-8 Utilization of Small Business Concerns NOV 2016
52.219-14 Limitations on Subcontracting JAN 2017
52.219-16 Liquidated Damages—Subcontracting Plan JAN 1999
52.219-27 Notice of Service-Disabled Veteran Owned Small-Business Set-
Aside
NOV 2011
52.219-28 Post-Award Small Business Program Representation JUL 2013
52.222-2 Payment for Overtime Premiums JUL 1990
52.222-3 Convict Labor JUN 2003
52.222-21 Prohibition of Segregated Facilities APR 2015
70Z02318RMSF00100
52.222-26 Equal Opportunity SEP 2016
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Person MAR 2015
52.222-54 Employment Eligibility Verification OCT 2015
52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015
52.222-59 Compliance With Labor Laws (Executive Order 13673) (Dec
2016)
DEC 2016
52.222-60 Paycheck Transparency (Executive Order 13673) OCT 2016
52.222-61 Arbitration of Contractor Employee Claims (Executive Order
13673)
DEC 2016
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-16 Acquisition of EPEAT®-Registered Personal Computer Products OCT 2015
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While
Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent Alternate 1 & 2 DEC 2007
52.227-2 Notice and Assistance Regarding Patent and Copyright
Infringement
DEC 2007
52.227-3 Patent Indemnity APR 1984
52.227-10 Filing of Patent Applications—Classified Subject Matter DEC 2007
52.227-14 Rights in Data- General MAY 2014
52.229-3 Federal, State, and Local Taxes FEB 2013
52.232-1 Payments APR 1984
52.232-8 Discounts for Prompt Payment FEB 2002
52.232-9 Limitation on Withholding Payments APR 1984
52.232-11 Extras APR 1984
52.232-17 Interest MAY 2014
52.232-23 Assignment of Claims MAY 2014
52.232-25 Prompt Payment JUL 2013
52.232-33 Payment by Electronic Funds Transfer- System for Award
Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Payments to Small Business Subcontractors DEC 2013
52.233-1 Disputes MAY 2014
52.233-1 Disputes- Alternate I DEC 1991
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-10 Identification of Uncompensated Overtime MAR 2015
52.242-13 Bankruptcy JUL 1995
52.242-15 Stop Work Order AUG 1989
52.243-1 Changes- Fixed Price AUG 1987
52.243-1 Changes- Fixed Price- Alternate I APR 1984
52.244-5 Competition in Subcontracting DEC 1996
52.245-1 Government Property APR 2012
52.246-4 Inspection of Services – Fixed Price AUG 1996
52.246-25 Limitation of Liability- Services FEB 1997
52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 2012
52.249-8 Default (Fixed-Price Supply & Service) APR 1984
52.253-1 Computer Generated Forms JAN 1991
TRAVEL
Performance under this IDIQ contract and its Task Orders may require travel. The Contractor will be reimbursed for travel expenses in accordance with procedures established in the Federal Travel
Regulations (FTR). The Contractor will be reimbursed for actual transportation, lodging, meals, and incidental expenses using the allowable Government personnel rates. Reimbursement for airfare will not exceed the lowest customary standard, coach, or equivalent airfare offered during normal business. No profit shall be added to costs incurred for travel. The Contractor may add general administrative and/or overhead in accordance with their standard accounting practices at the specified rate. Travel shall not be undertaken and will not be reimbursed without prior approval of the Task Order Contracting Officer or
Task Order COR, unless otherwise specified in a Task Order.
(a) When the Contractor expects total funding expended for travel to reach 85 percent of the total funds available for travel on the applicable CLIN, the Contractor shall notify the Task Order
Contracting Officer, the Task Order COR, and any other Government official identified by the Task Order Contracting Officer. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the schedule. The Contractor shall not exceed nor incur costs that exceed the amount of funding stated on the Task Order.
(b) The Government is not obligated to reimburse the Contractor for otherwise reimbursable travel in excess of the funding obligated for travel on each Task Order.
(c) The Contractor is not obligated to continue performance of any reimbursable work under a given
Task Order or otherwise incur costs for reimbursable travel in excess of the funded amount stated in the Task Order unless the Task Order Contracting Officer notifies the Contractor in writing that the funded amount stated in the Task Order under the applicable CLIN has been increased. In the event notification is made orally, such notification will be followed up in writing within two business days.
(d) No notice, communication, or representation from any person other than the Task Order
Contracting Officer shall affect the Government’s obligation to reimburse the Contractor for travel under a given Task Order.
(e) Any modification to the Task Order shall not be considered an authorization to exceed the funded amount stated in the Task Order under the applicable CLIN unless it expressly increases the funded amount of that CLIN.
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 an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).
(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.
(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.
(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland
Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section
482 of the Internal Revenue Code of 1986) shall be treated as a partnership.
(e) Treatment of Certain Rights.
(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:
(i) warrants;
(ii) options;
(iii) contracts to acquire stock;
(iv) convertible debt instruments; and
(v) others similar interests.
(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.
(f) Disclosure. The offeror under this solicitation represents that [Check one]:
__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;
__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or
__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.
(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.
(End of Clause)
HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS
ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:
(a) Provisions.
3052.209-72 Organizational Conflicts of Interest. Fill in: The Contractor updates the course for the USCG; must ensure scenario based updates are not written to run on proprietary software.
3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.
3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé
Program.
(b) Clauses.
3052.203-70 Instructions for Contractor Disclosure of Violations.
3052.204-70 Security Requirements for Unclassified Information Technology Resources. Fill in: 15 days.
3052.204-71 Contractor Employee Access.
Alternate I
3052.205-70 Advertisement, Publicizing Awards, and Releases.
3052.209-73 Limitation on Future Contracting. Fill in: The Contractor may have ability to update the course scenarios to function on proprietary software and competitive advantage in future procurements.
3052.215-70 Key Personnel or Facilities. Fill in: Project Manager, Subject Matter Specialist
3052.216-71 Determination of Award Fee.
3052.216-72 Performance Evaluation Plan.
3052.216-73 Distribution of Award Fee.
3052.217-91 Performance. (USCG)
3052.217-92 Inspection and Manner of Doing Work. (USCG)
3052.217-93 Subcontracts. (USCG)
3052.217-94 Lay Days. (USCG)
3052.217-95 Liability and Insurance. (USCG)
3052.217-96 Title. (USCG)
3052.217-97 Discharge of Liens. (USCG)
3052.217-98 Delays. (USCG)
3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)
3052.217-100 Guarantee. (USCG)
3052.219-70 Small Business Subcontracting Plan Reporting.
3052.219-71 DHS Mentor Protégé Program.
3052.228-70 Insurance.
3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)
3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)
3052.228-92 Fair Market Value of Aircraft. (USCG)
3052.228-93 Risk and Indemnities. (USCG)
3052.236-70 Special Provisions for Work at Operating Airports.
3052.242-72 Contracting Officer’s Technical Representative.
3052.247-70 F.o.B. Origin Information.
Alternate I
Alternate II
3052.247-71 F.o.B. Origin Only.
3052.247-72 F.o.B. Destination Only.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES
OR EXECUTIVE ORDERS—COMMERCIAL ITEMS. (JAN 2018)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78
(19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I
(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of
2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American
Recovery and Reinvestment Act of 2009.)
(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016)
(Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) [Reserved].
(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of
Div. C).
(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)
(Pub. L. 111-117, section 743 of Div. C).
(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)
(41 U.S.C. 2313).
(10) [Reserved].
(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
(ii) Alternate I (Nov 2011) of 52.219-3.
(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct
2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(ii) Alternate I (Jan 2011) of 52.219-4.
(13) [Reserved]
(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
(ii) Alternate I (Nov 2011).
(iii) Alternate II (Nov 2011).
(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
(17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (Nov 2016) of 52.219-9.
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(iii) Alternate II (Nov 2016) of 52.219-9.
(iv) Alternate III (Nov 2016) of 52.219-9.
(v) Alternate IV (Nov 2016) of 52.219-9.
(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15
U.S.C. 657 f).
(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496).
(33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.
13627).
(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items
(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O. 13693).
(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (Jun 2016) (E.O. 13693).
(38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Oct 2015) of 52.223-13.
(39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and
13514).
(ii) Alternate I (Jun 2014) of 52.223-14.
(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
(41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s
13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-16.
(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)
(E.O. 13513).
(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
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(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).
(45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(ii) Alternate I (JAN 2017) of 52.224-3.
(46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
(47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and
112-43.
(ii) Alternate I (May 2014) of 52.225-3.
(iii) Alternate II (May 2014) of 52.225-3.
(iv) Alternate III (May 2014) of 52.225-3.
(48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
(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).
(50) 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).
(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42
U.S.C. 5150).
(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
(55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)
(31 U.S.C. 3332).
(56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management
(Jul 2013) (31 U.S.C. 3332).
(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).
(60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46
U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41
U.S.C. chapter 67).
(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment
(Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment
(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C.
chapter 67).
(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
https://www.acquisition.gov/far/html/52_223_226.html#wp1197699 https://www.acquisition.gov/far/html/52_223_226.html#wp1192898 https://www.acquisition.gov/far/html/52_223_226.html#wp1192900 http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_223_226.html#wp1169038 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ http://uscode.house.gov/…
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