70Z02319QRXN13500_-_GPS_Forensics_Training_Classes.pdf

U.S. Department o

Homeland Security =·

United States Coast Guard

REQUEST FOR QUOTATIONS

From: Ms. Wendy Stevenson Contracting Officer

COMDT, CG-9124

Commandant

United States Coast Guard

To: ALL PROSPECTIVE OFFERORS

2703 Martin Luther King Jr. Ave, SE

Washington, DC 20593-7828

Staff Symbol: CG-9124 Email: Jam .R.R ins n a

06/24/2019

Subject: Request for Quote (RFQ) No. 70Z02319QRXN13500 - Combined Synopsis/Solicitation

This is a combined synopsis/solicitation competition utilizing FAR Parts 12 and 13 for Simplified Acquisition Procedures. The U.S. Coast Guard (USCG) invites your company to submit a quote for GPS Forensics Training classes that comply fully in accordance with the attached Statement of Work.

Specifically the USCG is seeking and eight hour course of instruction designed to provide maritime law enforcement officers, marine casualty investigators, criminal special agents, counterintelligence service agents, and data analysts the foundational knowledge, skills and abilities for recovering evidence from Global Positioning System (GPS) devices, and preparing said evidence for courtroom presentation. The course shall take students through the history of the GPS system, describe the components of the system, and explain the basic concepts of how GPS works. Students shall learn about the wide variety of devices that are on the market and the types of data these devices might hold. Students shall learn the best practices for securing a GPS device for examination and the legal guidelines that must be followed. Students shall learn about GPS Manufacturer's open-source software tools ( e.g. Garmin' s Basecamp) needed to conduct a basic examination of a GPS device, the limitations of said open-source software tools, and learn how to present the results of said examination in a judicial setting. Instruction shall not include data acquisition and analysis techniques using paid Commercial Off The Shelf (COTS) software tools. Each training course may take place anywhere in the contiguous United States.

The USCG shall provide classroom spaces with comfortable seating of 30 adults with tables, projector, projector screen, white board/black board, presentation paper with easel. The USCG shall provide laptops, each running a currently supported Microsoft Windows operating system, for each student (or pair of students).

Students shall have administrative permissions to install GPS manufacturer software in order to conduct forensic examinations exercises in the classroom. However, the Contractor shall be required to travel to the USCG's designated training location.

This is a full and open competition with no small business set aside.

The ultimate award that results from this solicitation shall contain the following CLIN structure (please see next page):

Commandant United States Coast Guard

2703 Martin Luther King Jr. Ave, SE Washington, DC 20593-7828 Staff Symbol: CG-9124 Email: James.R.Robinson@uscg.mil

ATTACHMENT 1 – PART ONE

STATEMENT OF WORK

1.0 Background:

(1.1) Per COMDTINST M3800.7, CG-2 is the Program Manager for the United States Coast Guard’s

Document and Media Exploitation (DOMEX) Program. This responsibility includes the training and equipping of a professional DOMEX workforce. The application of DOMEX and Digital Forensics (DF) are not complete without rigorous training because members of the Coast Guard’s DOMEX workforce are frequently required to testify as expert witnesses in judicial proceedings. Therefore, members of the DOMEX workforce require industry recognized knowledge, skills, and abilities necessary to preserve, collect, and analyze digital evidence in a forensically sound manner from a myriad of digital devices.

2.0 Vendor Requirements:

(2.1) The United States Coast Guard is seeking and eight hour course of instruction designed to provide maritime law enforcement officers, marine casualty investigators, criminal special agents, counterintelligence service agents, and data analysts the foundational knowledge, skills and abilities for recovering evidence from Global Positioning System (GPS) devices, and preparing said evidence for courtroom presentation. The course shall take students through the history of the GPS system, describe the components of the system, and explain the basic concepts of how GPS works. Students shall learn about the wide variety of devices that are on the market and the types of data these devices might hold.

Students shall learn the best practices for securing a GPS device for examination and the legal guidelines that must be followed. Students shall learn about GPS Manufacturer’s open-source software tools (e.g.

Garmin’s Basecamp) needed to conduct a basic examination of a GPS device, the limitations of said open-source software tools, and learn how to present the results of said examination in a judicial setting.

Instruction shall not include data acquisition and analysis techniques using paid Commercial Off The Shelf (COTS) software tools. Additionally, students shall be required to meet and perform the learning objectives detailed in Section 2.3 below. The course shall include all student materials to include but not limited to Student Handbooks and Presentation Materials.

(2.2) The Vendor of this GPS Forensics course shall provide certified training in accordance with the National

Association of State Boating Law Administrators (NASBLA) Boat Operations and Training (BOAT) program, which is recognized by the United State Coast Guard as the National Standard of Training for maritime law enforcement and emergency responder professionals.

(2.3) The learning objectives for the GPS Forensics course shall include the following:

(2.3.1) GPS Basics (2.3.1.1) Students shall learn the history of the Global Positioning System, be able to describe in simple terms how the system works, and explain mapping and coordinate systems.

(2.3.1.2) Enabling Objectives include, but are not limited to:

(2.3.1.2.1) Discuss the history of the Global Positioning System

(2.3.1.2.2) Identify the components of GPS mailto:James.R.Robinson@uscg.mil

2703 Martin Luther King Jr. Ave, SE Washington, DC 20593-7828

(2.3.1.2.3) Describe how GPS works (2.3.1.2.4) Explain the coordinate systems (2.3.1.2.5) Define common GPS terms

(2.3.2) Receiver Round-up and Data Review

(2.3.2.1) Students shall become familiar with the wide variety of GPS devices on the market and be able to identify the primary types of data that may be found in the device’s memory.

(2.3.2.2) Enabling Objectives include, but are not limited to:

(2.3.2.2.1) Discuss the types of GPS receivers available in today’s marketplace (2.3.2.2.2) Explain the difference between track points, track logs, waypoints and routes (2.3.2.2.3) Explain what track lines are and describe what types of data they contain (2.3.2.2.4) Define what waypoints are and discuss how they are important (2.3.2.2.5) Describe routes and how they are used (2.3.2.2.6) Discuss other sources of data that may be found on a GPS device

(2.3.3) Device Seizure and Evidence Collection

(2.3.3.1) Students shall be able to explain the best practices for securing and documenting a scene involving electronic evidence, state which items would be seized, and describe what tools will be needed to conduct a GPS forensic examination.

(2.3.3.2) Enabling Objectives include, but are not limited to:

(2.3.3.2.1) Describe how to document the scene and preserve evidence (2.3.3.2.2) Explain how and why a GPS should be powered down (2.3.3.2.3) State why the GPS should not be powered up prior to the forensic examination (2.3.3.2.4) Describe the best practices for securing a GPS device (2.3.3.2.5) Identify what other items should be seized with the GPS (2.3.3.2.6) Summarize what tools will be needed for the GPS examination

(2.3.4) Legal Considerations

(2.3.4.1) Students shall be able to describe the case law which impacts GPS forensics, discuss the court’s trend towards protecting privacy, and explain how the court is looking at evolving technology.

(2.3.4.2) Enabling Objectives include, but are not limited to:

(2.3.4.2.1) Discuss Fourth Amendments limitations on GPS forensics (2.3.4.2.2) Describe how recent case law is affecting GPS forensics (2.3.4.2.3) Explain the best evidence rule

(2.3.5) Conducting a GPS Examination

(2.3.5.1) Students shall be able to describe the preparations for a GPS forensic analysis, explain how to protect the integrity of GPS evidence, and demonstrate how to conduct a basic GPS examination.

(2.3.5.2) Enabling Objectives include, but are not limited to:

2703 Martin Luther King Jr. Ave, SE Washington, DC 20593-7828

(2.3.5.2.1) Discuss preparations for conducting a GPS examination (2.3.5.2.2) Explain how to prevent a GPS from acquiring satellite signals during the examination (2.3.5.2.3) Identify what options are available to power the GPS during an examination (2.3.5.2.4) Discuss data transfer and the steps to protect and preserve the evidence (2.3.5.2.5) Perform data recovery and analysis from Garmin GPS’s using Garmin

Basecamp and Google Earth (2.3.5.2.6) Perform data recovery and analysis from other devices using Google Earth

(2.3.6) Report Writing (2.3.6.1) Students shall be able to explain the importance of writing detailed and well-organized reports, as well as describe the elements of an effective GPS report.

(2.3.6.2) Enabling Objectives include, but are not limited to:

(2.3.6.2.1) Review the importance of writing detailed and well organized reports (2.3.6.2.2) Discuss the best ways to illustrate the GPS data recovered during an investigation (2.3.6.2.3) Review sample reports

(2.4) Address and point of contact for the training location will be provided to Contractor upon award of this contract. Vendor shall clearly articulate a quote for each training event detailed in section 4.0 below as well as associated student materials (ref. Section 2.1 above), instructor fees (travel, lodging, per diem, rental vehicles, compensation, etc.), and administrative costs (e.g. registration, logistics, coordination, database maintenance, completion certificates, etc.) in their proposal.

(2.5) Within 10 days of completion of the GPS Forensics course, students shall be provided a certification from the vendor and all students who have successfully passed the course shall have their names entered, by the vendor, into NASBLA’ s national database of trained professionals.

3.0 USCG (Host) Requirements:

(3.1) The USCG shall provide a classroom with comfortable seating of 30 adults with tables, projector, projector screen, white board/black board, presentation paper with easel.

(3.2) The USCG shall provide laptops, each running a currently supported Microsoft Windows operating system, for each student (or pair of students). Students shall have administrative permissions to install GPS manufacturer software in order to conduct forensic examinations exercises in the classroom.

4.0 Number of Classes

The Contractor shall provide one class during the Base Period. For all other periods of performance, the Contractor shall provide two classes, each with agreed-upon dates mutually decide upon between the USCG and Contractor. Each training course may take place anywhere in the contiguous United States. However, each training course shall be the same price, regardless of location.

No classes performed under this contract shall ever take place in the month of October, regardless of circumstances.

2703 Martin Luther King Jr. Ave, SE Washington, DC 20593-7828

ATTACHMENT 1 – PART TWO

CLAUSES

FEDERAL ACQUISITION REGULATION (FAR) AND

HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES

This simplified acquisition is in accordance with clauses as of August 08, 2015 through FAC 2005-99.

FAR CLAUSES AND PROVISIONS

The following FAR clauses are hereby incorporated by reference:

52.202-1 Definitions (Nov 2013) 52.204-7 System for Award Management (Jul 2013) 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015) 52.212-3 Offeror Representation and Certification - - Commercial Items (Nov 2015) - If the offeror has not filled out electronic Representations and Certifications in SAM, a completed copy of this provision shall be returned with the quote.

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 this address: http://www.acquisition.gov/far/

(End of clause)

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 provision)

52.217-5 Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision) http://www.acquisition.gov/far/

2703 Martin Luther King Jr. Ave, SE Washington, DC 20593-7828

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 1 day before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (April 2015) (FAC2005-83)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

_____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

____ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

2703 Martin Luther King Jr. Ave, SE Washington, DC 20593-7828

_X__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

_X__ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X__ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

2703 Martin Luther King Jr. Ave, SE Washington, DC 20593-7828

_X__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (41) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (42) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (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, Pub. L. 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 (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (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).

2703 Martin Luther King Jr. Ave, SE Washington, DC 20593-7828

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

_X_ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L.

110-247).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

2703 Martin Luther King Jr. Ave, SE Washington, DC 20593-7828

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

_X__ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C.

351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub.

L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

HSAR AND HSAM CLAUSES

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

2703 Martin Luther King Jr. Ave, SE Washington, DC 20593-7828 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) pecial 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

2703 Martin Luther King Jr. Ave, SE Washington, DC 20593-7828

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.

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.

__X__ 3052.209-72 Organizational Conflicts of Interest.

_____ 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

_____ 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

(b) Clauses.

__X__3052.203-70 Instructions for Contractor Disclosure of Violations.

__X__3052.204-70 Security Requirements for Unclassified Information Technology Resources.

2703 Martin Luther King Jr. Ave, SE Washington, DC 20593-7828

_____3052.204-71 Contractor Employee Access.

_____ Alternate I __X__3052.205-70 Advertisement, Publicizing Awards, and Releases.

_____ 3052.209-73 Limitation on Future Contracting.

_____ 3052.215-70 Key Personnel or Facilities:

_____ 3052.216-71 Determination of Award Fee.

_____ 3052.216-72 Performance Evaluation Plan.

_____ 3052.216-73 Distribution of Award Fee.

_____ 3052.217-91 Performance. (USCG) _____ 3052.217-92 Inspection and Manner of Doing Work. (USCG) _____ 3052.217-93 Subcontracts. (USCG) _____ 3052.217-94 Lay Days. (USCG) _____ 3052.217-95 Liability and Insurance. (USCG) _____ 3052.217-96 Title. (USCG) _____ 3052.217-97 Discharge of Liens. (USCG) _____ 3052.217-98 Delays. (USCG) _____ 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair.

_____ 3052.217-100 Guarantee. (USCG) _____ 3052.219-70 Small Business Subcontracting Plan Reporting.

_____ 3052.219-71 DHS Mentor Protégé Program.

_____ 3052.228-70 Insurance.

_____ 3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG) _____ 3052.228-91 Loss of or Damage to Leased Aircraft. (USCG) _____ 3052.228-92 Fair Market Value of Aircraft. (USCG) _____ 3052.228-93 Risk and Indemnities. (USCG) _____ 3052.236-70 Special Provisions for Work at Operating Airports.

__X__3052.242-72 Contracting Officer’s Technical Representative.

_____ 3052.247-70 F.o.B. Origin Information.

_____ Alternate I _____ Alternate II _____ 3052.247-71 F.o.B. Origin Only.

_____ 3052.247-72 F.o.B. Destination Only.

2703 Martin Luther King Jr. Ave, SE Washington, DC 20593-7828

Special USCG Terms & Conditions

ORGANIZATIONAL CONFLICTS OF INTEREST FOR CONTRACTS AWARDED BY THE U.S.

COAST GUARD OFFICE OF CONTRACT OPERATIONS

(a) The contractor warrants that to the best of its knowledge and belief, and except as otherwise disclosed, he or she does not have any organizational conflict of interest, which is defined as a situation in which the nature of work under a government contract and a contractor’s organizational, financial, contractual or other interests are such that:

(1) Award of the contract may result in an unfair competitive advantage; or

(2) The contractor’s objectivity in performing the contract work is or might be otherwise impaired.

(b) The contractor agrees that if after award he or she discovers an actual or apparent organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the contracting officer which shall include a description of the action which the contractor has taken or intends to take to eliminate or neutralize the conflict. The government may, however, terminate the contract for the convenience of the government if it would be in the best interest of the government.

(c) In the event the contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the contracting officer, the government may terminate the contract for default.

(d) The provisions of this clause shall be included in all subcontracts and consulting agreement wherein the work to be performed is similar to the service provided to the Government by the prime contractor. The contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize organizational conflicts of interest.

2703 Martin Luther King Jr. Ave, SE Washington, DC 20593-7828

INVOICING INSTRUCTIONS

(a) Each invoice shall contain the following information:

(1) Contract Number: 70Z02319PRXN13500

(2) Name of the Contract Specialist, Contracting Officer, and COR

(3) Invoice Routing Code (IRC) provided in paragraph (b) below.

(4) Annotate on the invoice indicating that the contractor represents a Small

Business for accelerated payment purposes

(5) DUNS number

(6) Information regarding payment

(7) The CLIN being billed against

(b) The Coast Guard unique Invoice Routing Code (IRC) for this contract is: CG-9124.

(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.CG.mil/centralinv/central_inv_contr.cfm

(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) It is MANDATORY that a copy of the invoice, and all supporting documentation, shall also be e-mailed to the Contract Specialist and the COR regardless of what submission method is used. When emailing the invoices to the Contract Specialist and COR, both must be included on the same email. Failure to follow this step will result in immediate rejection of the invoice.

(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 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

(i) 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 annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

2703 Martin Luther King Jr. Ave, SE Washington, DC 20593-7828

(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.CG.mil/secure/payment.htm

(g) The last invoice submitted for this award shall be clearly labeled, “FINAL INVOICE.”

(h) All invoices must clearly delineate which CLINs are being invoiced for.

(i) All invoices must be sent to the correct IRC.

(j) Failure to follow any of these instructions shall result in the invoice being rejected.

https://www.fincen.uscg.mil/secure/payment.htm