70Z02319RPE6R0100.docx

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.

Combined Synopsis/Solicitation: 70Z02319RPE6R0100 Low Cost Maritime Domain Awareness (MDA) Pilot Study

PART 1 – General Information

i. This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and Subpart 13.1, with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

ii. The solicitation number is 70Z02319RPE6R0100. This solicitation will be issued as a Request for Proposal (RFP). This will be a firm-fixed price (FFP) contract awarded to a single contractor. If there is more than one system worthy of demonstrating, the Government may award to multiple contractors.

This is a research and development project designed to award to a contractor that will develop, support, and operate their Unmanned Surface Vessel (USV) System in a 30 day demonstration, which supports the execution of the Government’s technology demonstration plan and generates the required system performance data. The purpose of the demonstration is to generate data that examines the operational utility of a Maritime Domain Awareness (MDA) system for improving Coast Guard (CG) MDA in remote Pacific regions.

iii. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular: 2019-06.

iv. The North American Industrial Classification System (NAICS) number is 541715 and the business size standard is 1000 employees.

v. Contract Line Item Structure (CLIN):

2.1 Kick-off meeting including deliverables 1, 2, and 3

TBD

2.2 Demonstration Preparation

2.3 Demonstration Readiness Review (DRR), including deliverable 4

TBD

2.4 USV Transport

2.5 USV Characterization

2.6 USV(s) Demonstration, including deliverables 5 and 6

TBD

2.7 System Removal

2.8 Post Demonstration Review

2.9 Progress Reporting and Deliverables Archive including deliverables 7, 8, 9

TBD

vi. Description of Requirement: The Statement of Work (SOW) is hereby attached as a separate document (Attachment I).

The SOW includes preparation, inspection, transport, ground and open ocean demonstration, operation, and removal of a contractor owned and operated USV system in an approximately 20 square mile area 30 miles south of Oahu, Hawaii. The scope also includes planning, briefing reporting, progress meetings and a deliverables archive. The purpose of the demonstration is to generate data that examines the operational utility of a USV system for improving CG MDA in remote Pacific regions.

vii The estimated period of performance will be from 02/26/2020 to 04/30/2021. Additional deliverable timelines are defined in Section 6 of the SOW.

viii The provision at FAR 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018) applies to this acquisition and is further tailored in PART 5 of this combined synopsis/solicitation.

ix The provision at FAR 52.212-2 Evaluation – Commercial Items (OCT 2014) applies to this acquisition and is further tailored in PART 5 of this synopsis/solicitation.

x. The provision at FAR 52.212-3 ALT 1 Offeror Representations and Certification – Commercial Items (OCT 2018) applies to this acquisition.

xi Clause at 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) is applicable to this acquisition and additional addenda are contained herein.

xii Clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (OCT 2019) is applicable to this contract and is further clarified in PART 3 of this synopsis/solicitation.

xiii Additional terms and conditions applicable to this acquisition are contained herein.

xiv The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition.

xv It is the offeror’s responsibility to ensure Volume I (Phase 1) is received by the due date of 02 December 2019 by 11:59 PM Eastern Time.

It is the offeror’s responsibility to ensure Volume II and Volume III (Phase 2) are received by the due date of 31 December 19 by 1:00 PM Eastern Time.

Offerors are hereby notified that if your proposal is not received by the date, time, and location specified in this announcement, it may not be considered.

Proposals shall be emailed to the following address: Alan.C.Boucher@uscg.mil xvi All questions shall be submitted on a PDF or Word document and submitted by email to Alan.C.Boucher@uscg.mil no later than 17 November 2019 by 11:59 PM Eastern Time. Questions submitted after the specified date run the risk of not being answered.

PART 2 – Contract Specific Information

1. Employee Identification Contractor employees visiting USCG facilities shall provide two forms of photo identification. One shall be a contractor issued badge that includes contractor name, employee’s full name, and card expiration date and the other a standard government approved identification (e.g. driver’s license) in order to obtain a USCG visitor’s badge prior to entry. Contractor employees shall comply with escort rules and requirements at all times, identify themselves as contractors when their status is not readily apparent, and display a visitor’s badge above the waist in plain view at all times.

2. Employee Conduct Contractor employees shall present a professional appearance at all times and their conduct shall not bring discredit upon the USCG or the Department of Homeland Security. Contractor employees shall comply with all Occupational and Safety Health Administration (OSHA) safety requirements when visiting or working on government facilities and aboard USCG vessels or aircraft. The contractor employee shall not release any USCG personnel contact information or information concerning official unit business or operations.

3. Removing Employees for Misconduct or Security Reasons The USCG may, at its sole discretion, direct the contractor to remove any contractor employee from USCG or Department of Homeland Security facilities for misconduct or security reasons. Such removal does not relieve the contractor of the responsibility to provide sufficient qualified personnel that is required to execute the contract issued under the contract. The Contracting Officer will provide the contractor with a written rationale for removal of the employee.

4. Billing See FAR 52.212-4 and Invoicing Instruction Addenda 52.212-4, Contract Terms and Conditions – Commercial Items for general billing

5. Section 508 Requirements – For Reports Only

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) (codified at 29 U.S.C. § 794d) requires that when Federal agencies develop, procure, maintain, or use information and communications technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public with disabilities must be afforded access to and use of information and data comparable to that of Federal employees and members of the public without disabilities.

a. All products, platforms and services delivered as part of this work statement that, by definition, are deemed ICT or that contain ICT shall conform to the revised regulatory implementation of Section 508 Standards, which are located at 36 C.F.R. § 1194.1 & Apps. A, C & D, and available at https://www.gpo.gov/fdsys/pkg/CFR-2017-title36-vol3/pdf/CFR-2017-title36-vol3-part1194.pdf. In the revised regulation, ICT replaced the term electronic and information technology (EIT) used in the original 508 standards.

Item that contains Information and Communications Technology (ICT): Meeting Minutes (Unclassified), Draft Demonstration Plan Comments (Unclassified), Final Demonstration Plan (Unclassified), Functional Inspection Report, Mission Configuration Data Sheet, Operational Check List, USV System Performance Summary, Monthly Progress Reports (Unclassified), Daily Data Sheet History, and the Task Order Deliverables Archive.

Applicable Exception: N/A Authorization #: N/A Applicable Functional Performance Criteria: Does not apply Applicable 508 requirements for electronic content features and components (including Electronic documents): Does not apply Applicable 508 requirements for software features and components: Does not apply Applicable 508 requirements for hardware features and components: Does not apply Applicable support services and documentation: All requirements apply

b. When developing or modifying ICT for the government, the contractor shall ensure the ICT fully conforms to the applicable Section 508 Standards. When modifying a commercially available or government-owned ICT, the contractor shall not reduce the original ICT Item’s level of Section 508 conformance.

c. When developing or modifying ICT that are delivered in an electronic Microsoft Office or Adobe PDF format, the contractor shall demonstrate conformance by providing Section 508 test results based on the Accessible Electronic Documents – Community of Practice (AED COP) Harmonized Testing Guidance at https://www.dhs.gov/compliance-test-processes.

d. Contractor personnel shall possess the knowledge, skills and abilities necessary to address the applicable revised Section 508 Standards for each ICT.

e. Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the Contracting Officer and a determination will be made according to DHS Directive 139-05, Office of Accessible Systems and Technology, dated January 29, 2016 and DHS Instruction 139-05-001, Managing the Accessible Systems and Technology Program, dated January 11, 2017.

f. Where ICT conforming to one or more requirements in the Revised 508 Standards is not commercially available, the agency shall procure the ICT that best meets the Revised 508 Standards consistent with the agency’s business needs, in accordance with 36 CFR E202.7. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense shall only be permitted under an undue burden claim and requires authorization from the DHS Office of Accessible Systems and Technology (OAST) according to DHS Directive 139-05, Office of Accessible Systems and Technology, dated January 29, 2016 and DHS Instruction 139-05-001, Managing the Accessible Systems and Technology Program, dated January 11, 2017 and 36 CFR E202.6.

PART 3 – Clauses

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/these address(es): http://www.acquisition.gov/far; https://www.dhs.gov/acquisition-policies-regulations#

(End of clause)

https://www.oig.dhs.gov/index.php?option=com_content&view=article&id=135:dhs-oig-hotline-poster&catid=16 https://www.oig.dhs.gov/index.php?option=com_content&view=article&id=51:hotline-info&catid=1&Itemid=133

OCT 2015

Invoicing Instruction Addenda 52-212-4, Contract Terms and Conditions – Commercial Items

In addition to FAR 52.212-4(g):

(a) Each invoice shall contain the following information:

(1) Name of the Contract Specialist or Contracting Officer;

(2) Invoice Routing Code (IRC) assigned by the Coast Guard.

(i) The Coast Guard unique IRC for this contract is: CG9121

(3) Annotate on the invoice indicating that the contractor represents a small business for accelerated payment purposes

(b) 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 Electronic Invoice Submissions:

https://www.work.uscg.mil/fincen/electron/electroncg24/

(2) Mailed to:

Commercial Invoices U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326

(c) 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 no larger than 3MB.

(d) Supporting documentation along with a copy of the invoice shall also be e-mailed to the Contract Specialist and COR.

Contract Clauses – Full Text

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial 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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (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.)

_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).

__ (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).

_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).

__ (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.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

__ (ii) Alternate I (Nov 2016) of 52.219-9.

_X_ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) 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)).

_X_ (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 (Oct 2019) (15 U.S.C. 657f).

__ (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)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

_X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2019) (E.O.13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

_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) (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 (Jun2016) (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.

_X_ (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).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (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 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_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).

__ (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)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (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).

_X_ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (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.

__ (iii) Alternate II (Feb 2006) 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 (Aug 2018) (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) (Aug 2018) (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).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(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-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 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).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 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.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 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).

(xxii) 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.

(xxiii) 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)

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Sept 2013) (DHS-USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(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 clause (10 U.S.C § 2409) with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

HSAR 3052.212-70 Contact 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:

Clauses.

_X___3052.203-70 Instructions for Contractor Disclosure of Violations.

_X___3052.205-70 Advertisement, Publicizing Awards, and Releases.

_X___3052.242-72 Contracting Officer’s Technical Representative.

_X___3052.219-70 Small Business Subcontracting Plan Reporting.

PART 4 – Contract, Documents, Exhibits, and Attachments

Attachment I – Statement of Work MDA Attachment II – DRAFT USV System Tech Demo Plan Attachment III – TRL Definitions

PART 5 – Provisions

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 this/these address(es):

http://www.acquisition.gov/far; https://www.dhs.gov/acquisition-policies-regulations#

(End of provision)

FAR Provisions Incorporated by Reference (IAW 52.252-1)

Note: Some of these provisions contain disclosures that must be completed and returned with Offeror’s response.

52.209-7 Information Regarding Responsibility Matters (OCT 2018)

(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 proceedings 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)

52.233-2 Service of Protest (SEPT 2006).

(a) Protests, as defined in section 33.101 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 (addressed as follows) by obtaining written and dated acknowledgment of receipt from IAW Cover Sheet Notice for Filing Agency Protests.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

Addenda to 52-212-1, Instructions to Offerors – Commercial Items

The Government intends to award without discussions. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

A cover letter shall be included for Phase 1 and Phase 2 submissions. The cover letter shall include the offeror’s name and address; U.S. Coast Guard solicitation number; DUNS number; CAGE number; offeror’s point of contact including their phone number and e-mail address, and the date the offeror’s proposal expires.

Offerors shall complete all provisions required to be filled in and submit them with their proposal; provisions are excluded from the page count.

Minimum acceptable font size is no smaller than 11 point and no smaller than 10 point for tables, charts, or graphs. Page size shall be letter size (8.5" x 11"); tables, charts, or graphs may be on legal size 8.5" x 14".

508 Instructions to Offerors:

The Government intends to conduct the evaluation and selection process in two (2) Phases:

Phase 1 –- Advisory

Factor 1 will be evaluated in this phase. Each offeror will receive an Advisory Notification that will advise the offeror to participate in Phase 2 or not to participate in Phase 2. The intent of this advisory notification is to minimize proposal development costs for those offerors with little or no chance of receiving an award. However, notwithstanding the advice provided by the Government to not participate, all Phase 1 submission respondents may participate in Phase 2.

Note: The Advisory Notification is the only notice the Government will provide from Phase 1; debriefings will not occur at the end of Phase 1.

Phase 2 – Evaluation of Factors 2, 3, and 4

The selection decision will be a trade-off involving all four factors: USV System Suitability, Demonstration Logistical Approach, Prior Experience, and Price.

Participation in Phase 1 is a mandatory part of this acquisition. Failure to participate in Phase 1 will preclude any consideration of the offeror’s proposal. Phase 2 submissions will not be accepted from any offeror who has not completed Phase 1.

The evaluation results of Factor 1, USV System Suitability, in Phase 1 will be carried over to Phase 2 for the overall evaluation of proposals. In Phase 2, Factors 2, 3, and 4 will be evaluated.

The offeror shall submit three volumes. Volume I shall be submitted for Phase 1 and will be their response to Factor 1.

Volume II shall be submitted in Phase 2 and contain their response to Factors 2 and 3.

Volume III shall be submitted in Phase 2. Volume III shall contain the offeror’s price. The price volume shall not exceed one (1) page—excluding Attachment A Price Input. Volume III shall not contain any other information pertaining to Factors 1, 2, or 3.

Phase 1 Submission Instructions

The Offeror shall submit Volume I of their proposal.

Factor 1: USV System Suitability

The offeror shall submit a response to Factor 1 – USV System Suitability. This factor is composed of the System Description, Minimum USV System Performance Specifications, and the Technology Readiness Level (TRL).

a. System Description: The offeror shall provide a description of the proposed system to include sensors and support equipment that provides context and information for the Minimum USV System Performance Specifications and Technology Readiness Level (TRL) response. The system shall be a USV system to be eligible for award. This section shall not exceed two (2) pages.

b. Minimum USV System Performance Specifications: The offeror shall provide the performance level of their product for each Performance Specification in SOW Table 1, Minimum USV System Performance Specifications. For each performance characteristic, the offeror shall provide a justification of the performance level sufficient for the Government to determine confidence in the claimed level. This section shall not exceed three (3) pages.

c. Technology Readiness Level (TRL): The offeror shall provide a written description of the USV system components (vehicle, control/monitoring station, and mission package) TRLs. The offeror shall include details to justify their stated TRL of the system components. The description and justification shall contain sufficient detail that will allow for the Government’s independent determination of the TRL against the Department of Defense (DoD) TRL descriptions published in the Defense Acquisition Guidebook (2010) – Department of Defense (DoD) Technology Readiness Level (TRL) descriptions (Attachment III). TRL 8 is the minimum acceptable technology readiness of the USV system components (vehicle, control/monitoring station, and mission package). This section shall not exceed two (2) pages.

Phase 2 Submission Instructions

The offeror shall submit Volume II of their proposal.

Factor 2: Demonstration Logistical Approach

The offer shall provide their operational and logistical approach to deploy, operate, and maintain the system for the duration of the demonstration. The offeror shall describe

1. A Concept of Operations that includes the operational resources (personnel and support equipment) for launch, recovery, and deployed system operations.

2. A Concept of Logistics that includes the maintenance resources to ensure the USV remains operational during the demonstration.

This section shall not exceed three (3) pages.

Factor 3: Prior Experience

The offeror shall provide example(s) of real work with actual results of the prime contractor in USV preparation and configuration activities, deployment, operation and maintenance activities, communications methods, data collection and dissemination requirements and overall operational outcome. The offeror shall provide at least one example of similar work by the prime contractor. Highlight any lessons learned that will benefit the performance of the required demonstration. The Government is more interested in the quality and similarity of the experience to the requirement than quantity of examples. The offeror shall include the name and contact information of a reference that can substantiate the real example of work and its results. The submitted information shall be sufficiently detailed so that the evaluators can determined whether the example(s) demonstrate the experience. If the submission lacks sufficient detail, the Government will not request any additional experience details from the contact.

The Offeror shall submit Volume III of their proposal.

Factor 4: Price

Offerors shall complete Attachment A Price Input. Offerors shall enter their price for each Contract Line Item Number (CLIN). Only cells 3C through 7C shall have a price entered. CLIN 00001 (Cell 2C) shall not be priced. No other cells shall be changed or adjusted.

PART 6 – Evaluation

508 Acceptance Criteria

1. Before accepting items that contain…