70Z02324Q91240003_0_US.pdf

Dra ft

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

70Z02324Q91240003

TABLE OF CONTENTS:

1. Listing of Incorporated Purchase Requisitions

2. Section B - Supplies or Services and Prices/Costs

3. Section C - Description/Specifications/Work Statement

4. Section D - Packaging and Marking

5. Section E - Inspection and Acceptance Terms

6. Section F - Delivery or Performance

7. Section G - Contract Administration Data

8. Section H - Special Contract Requirements

9. Section I - Contract Clauses

10. Section J - List of Documents, Exhibits, and other Attachments

11. Section K - Representations, Certifications, and Other Statements of Offerors

12. Section L - Instructions, Conditions and Notices to Offerors

13. Section M - Evaluation Factors for Award

70Z02324Q91240003

1. Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

2. Section B - Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 Advanced Aircraft Paint Application Training

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

Purchase Requisitions

IDC Type: Not Applicable NAICS Code: 611519 Other Technical and Trade Schools

Supplies/Services Quantity Unit

0002 Option year 1 - USCG Advanced Aircraft Paint Application Training

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

Purchase Requisitions

Option:

Option Time Date: 10/14/25 Option Time Duration: 364 Option Time Units: Days

Supplies/Services Quantity Unit

0003 Option year 2 - USCG Advanced Aircraft Paint Application Training

70Z02324Q91240003

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

Purchase Requisitions

Option:

Option Time Date: 10/14/26 Option Time Duration: 364

Supplies/Services Quantity Unit

0004 Option year 3 - USCG Advanced Aircraft Paint Application Training

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

Purchase Requisitions

Option:

Option Time Date: 10/14/27 Option Time Duration: 365

Supplies/Services Quantity Unit

0005 Option year 4 - USCG Advanced Aircraft Paint Application Training

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

Purchase Requisitions

Option:

Option Time Date: 10/14/28 Option Time Duration: 364

Clauses incorporated by reference

None

Clauses incorporated by full text

3. Section C - Description/Specifications/Work Statement

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

UNITED STATES COAST GUARD (CG-41)

MILITARY AIRCRAFT INTERMEDIATE PAINT APPLICATION TRAINING

1.0 GENERAL

1.1 Scope. The Contractor shall provide training support services to conduct basic instructional courses for application of paint on military aircraft as needed (painting patch repairs) between overhaul cycles. The training shall take place in both a contractor provided classroom setting and a shop/lab environment that is environmentally controlled. Upon completion of the paint application course, students shall be able to conduct the steps of the paint application process and understand the safety and environmental considerations of paint application as outlined in this PWS. Additionally, the contractor shall have the ability to teach to the standards and offer students the opportunity to attain certification in SAE AS7489 ACAS. Aerospace Coating Fundamentals. The USCG intends to award a Firm-Fixed Price, Indefinite Delivery-Indefinite Quantity contract with a minimum of three courses ordered with eight students per session.

1.2 Background. The Coast Guard employs a bi-level aviation maintenance structure consisting of depot level maintenance and operational level maintenance. At the operational level, Coast Guard Aviation Technicians perform as-needed repairs to aircraft paint for reasons such as corrosion inspections and airframe damage repairs.

1.3 Personnel.

1.3.1 Qualified Personnel. The Contractor shall provide qualified personnel with contractor-approved certification to perform all training requirements specified in task orders awarded under this Contract. The primary instructor for each paint course shall have at least 6 months of training experience.

1.3.2 Conflict of Interest. The Contractor shall not employ any person who is an employee of the United States Government if that employee would or would appear to cause a conflict of interest.

1.4 Course Completion Documentation. The contractor shall submit a report documenting each student's performance and all student feedback within thirty (30) calendar days of the completion of each course to the COR. A certificate of completion shall be provided to each USCG student who successfully completes training no later than 30 calendar days after completion of the course.

1.5 Security. Contractor access to classified information is not currently required under this contract.

1.6 Period of Performance. The period of performance for this contract is base year plus four option years from the date of award.

Base Year- October 14 2024 - October 13 2025

Option Year 1 - October 14 2025 – October 13 2026

Option Year 2 - October 14 2026 – October 13 2027

Option Year 3 - October 14 2027 – October 13 2028

Option Year 4 - October 14 2028 – October 13 2029

1.7 Place of Performance. The primary place of performance will be in the contractor's facilities within the continental U.S. The actual paint facility shall have environmental controls to allow for training in adverse weather conditions to include heat and rain. The contractor will provide an instructor and all training materials.

1.8 Hours of Operation. Training should occur between the hours of 0800 and 1700 (8:00 AM – 5:00 PM) Monday through Friday (except Federal holidays) unless consult with USCG course liaison allows for alternate time frames or working days.

2.0 Student Feedback Reports. The Contractor shall distribute and collect from each student for each course on the last day of each course, a Contractor developed Course Critique on Contractor's Performance form. The Contractor must send each completed course critique form to the COR NLT 30 days after the conclusion of training conducted under each task order by email unless another method of delivery is otherwise agreed upon in writing with COR. The Feedback report will cover whether:

• The course aims and objectives were clearly explained

• The instructor and training materials supported the learning objectives and were well organized

• The training objectives outlined for the course were met during delivery of training

• The quality of explanation and answers to questions were satisfactory

• The training was delivered professionally and effectively

• The skills and knowledge obtained from this training will assist the trainee in performing current job task

• The training was relevant to trainee's current job

• The practical "hands-on" training was sufficient and appropriate

• The safety and hazardous related information were referenced

• The training facilities were adequate and comfortable

• The student was satisfied with course overall

3.0 REQUIREMENTS. The contractor shall provide a formal course covering military aircraft paint application. The training shall take place in both a classroom setting and a shop/lab environment that is environmentally controlled to shield students from adverse environmental conditions and promote maximum attention to instruction. The course shall have a "hands on" portion that includes physical paint application. Simulated painting is not acceptable. Students shall perform physical paint application. Additionally, the contractor shall not endorse a specific product during the training course.

3.1 Course content. The training is to include, and each trainee shall be capable of demonstrating the following capabilities at a minimum:

• The trainee can recall procedures for surface preparation (conversion coating), primer application (Non-chrome only) MIL PRF 23377 (series) Type 1, Class N (Deft), and top coat MIL PRF 85285 Type IV Class H (gloss).

These procedures include necessary precautions prior to paint application such as taping off, drop cloth and dry media for spills.

• The trainee has an understanding of the environmental requirements of paint activities as outlined in the USCG Health Safety Work Life (HSWL) Safe Work Practice Guide (PWS Enclosure 1).

• The trainee understands the properties of MIL PRF 23377 (series) Type 1, Class N (Deft) and MIL PRF 85285 Type IV Class H (gloss) paint and is aware of Federal Color Codes in relation to Coast Guard aircraft paint colors (Enclosure 2).

• The trainee can perform paint application techniques and recall common defects for high-volume, low-pressure (HVLP), touch-ups (example: using a pen-like/single use touch up devices), small brush, and roller paint application to include troubleshooting coating discrepancies such as orange peel and runs.

• The trainee can recall reasons for choosing which application method based on size of repair area and the geometry of the repair.

• The trainee is able to conduct equipment cleaning and understand the importance of post cleanup in the paint process.

3.2 Course Curriculum. The contractor shall follow a course curriculum that covers the course content discussed in section

3.1. A contractor-determined test shall be administered for the students at the end of the course. The intent of the test is to ensure that the students participated in the course. The course instructor should have the ability to override a test failure if the student is able to demonstrate knowledge and has participated in the course. The contractor shall discuss any problems with a student's participation and knowledge retention with the COR for appropriate Coast Guard internal action to be taken regarding the student. The contractor shall have the ability to offer and teach to the standards of the SAE AS7489 ACAS, Aerospace Coating Fundamentals Certification for aviation personnel.

3.3 Total Class Size. Courses should accommodate 6-8 students per course.

3.4 Student Experience. Students shall have graduated from a formal US Coast Guard aviation maintenance training course and shall have at least 6 months of aviation maintenance experience.

3.5 Course length. The course shall be no less than 2 days and no more than 4 days.

4.0 GOVERNMENT TERMS & DEFINITIONS.

CG - Coast Guard

COR - Contracting Officer's Representative

KO – Contracting Officer

PWS – Performance Work Statement

TBD – To Be Determined

5.0 GOVERNMENT FURNISHED RESOURCES. The government will provide students with the minimum qualifications specified in PWS Section 3.4. Each task order awarded under this contract shall specify any additional required government furnished equipment due to any regulation or procedural changes if required. The government will screen and provide the names of all attendees for each course convening date.

6.0 CONTRACTOR FURNISHED PROPERTY. The Contractor shall furnish all facilities, materials, equipment, and services necessary to fulfill the requirements of task orders awarded under this contract, except for the Government Furnished Resources specified in this work statement and in each task order awarded under this contract. The contractor shall supply proper protective equipment (PPE) for paint activities. This includes a positive pressure hood or similar device that does not require fit testing with an OSHA protection factor of 1000. Additionally, the students shall be provided with protective clothing that is impermeable to dust, is comprised of flash spun high-density polyethylene fibers (HDPE) and includes a hood, zip-front, integrated elastic cuffs, and boot covers.

7.0 GOVERNMENT/CONTRACTOR CONTACT. Initial contact between the contractor and the U.S. Coast Guard shall be at least two months prior to the physical start of each convening date. Contact can be achieved by phone conversation, electronic mail, and physical meeting at U.S. Coast Guard Headquarters, Washington, DC, or at the contractor's facility.

8.0 CANCELLATION/TERMINATION POLICY.

The government may terminate any enrollment(s) in writing before the commencement of any scheduled training without charge up to ten working days. Between 5 and 10 working days, a fifty percent charge is incurred. Cancellation less than 5 working days from the course convening is charged at full contract price.

9.0 REFERENCES. Enclosure 1: USCG HSWL's Safe Work Practice Guide. Any additional required references will be provided in each task order awarded under this contract if necessary.

10.0 TASK ORDERS. Task orders issued under this contract will be performance based and incorporate the Performance Requirements Summary (PWS) outlined in PWS 11.0. In general, the PWS will set forth the expected outcomes (objectives) of the task order, the service(s) required of the contractor to attain the objectives, a performance standard per outcome, and a plan for a reduction in payment in the event the contractor does not meet the performance standard. It is the intent of the Government to maintain consistency in standards and associated reduction schedules for same or similar outcomes from task order to task order. The PWS is not an exclusive remedy and inclusion of the PWS does not preclude the Government from using any other remedy available by law or contract terms, including reductions in payment in accordance with any clause for inspection of services.

11.0 DELIVERABLES. The specific requirements for all deliverables are described in the table below.

ITEM PWS DELIVERABLE / EVENT DUE BY

1 1.0 Course Completion Reports Within thirty (30) days after the end of each convening

2 2.0 Student Feedback Reports Within thirty (30) days after the end of each convening

3 1.0 Course Completion Certificates

Within thirty (30) days after the end of each course convening

4 2.0 Contractor Developed Course Critique

Submit 5-Days post award for COR review (One-time action)

11.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS).

Performance standards for each task order are as outlined below.

Objectives:

Provide instruction that complies with PWS Section 3.0.

Required Service:

Provide course(s) and instructor(s) with performance measured by the Student Feedback Reports on Contractor Performance form.

Performance Standard:

1. Course Completion Reports A course completion report shall be provided within 30 days of course completion. This shall include a summary of names of attendees and whether the course was completed successfully.

2.0 Student Feedback Reports

70Z02324Q91240003

The forms shall be delivered within 30 days of course completion.

3.0 Course Completion Certificates:

The Contractor shall deliver course completion certificates to the students and the COR within 30 days of course completion.

GENERAL INFO

1. This is a solicitation for commercial products or commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals and a written solicitation will not be issued.

1. The Solicitation 70Z02324Q91240003 is issued as a Request for Quotation (RFQ). Submit written offers only, oral offers will not be accepted. This Combined Synopsis/Solicitation requires registration with the System for Award Management (SAM) at the time a quote is submitted, exclusions outlined in FAR 4.1102(a).

Registration information can be found at https://www.sam.gov/SAM/.

1. This solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular (FAC) 2024-05. The complete text of any of the clauses and provisions may be accessed in full text at https://www.acquisition.gov/browse/index/far.

1. This procurement is a Firm Fixed Price, Full and Open Competition IDIQ Contract and the associated North

American Industry Classification System (NAICS) Code is 611519 – Other Technical and Trade Schools, Product Service Code (PSC): U099

1. The description requirement for United States Coast Guard Office of Aeronautical Engineering, CG-41, located at 300 E Main St, Norfolk, VA, 23510, is: To provide training support services to conduct basic instructional courses for application of paint on military aircraft as needed (painting patch repairs) between overhaul cycles.

6. Period of Performance will start the day of award and be completed within 365 days. The CLIN Structure is listed below:

Item Number

Description

Quanti ty

Unit of Issue

Advanced Paint Application Training Course – IDIQ/Base Year

EA

Option Year – 1

Option Year - 2

Option Year – 3

Option Year – 4

Responsibility and Inspection: Unless otherwise specified in the contract or purchase order, the supplier is responsible for the performance of all inspection requirements and Quality Control (QC). The contractor shall coordinate the exact dates and times of delivery with the Reclamation, at least one week in advance. The contractor shall ensure that the total for all amounts ordered and delivered does not exceed the amount noted in the contract line items.

1. All quotes and questions are due by the times stated in the SAM.GOV and GSA solicitations.

All RFQ responses shall be submitted to Mr. Erich P White, erich.p.white@uscg.mil.

Any and all questions regarding this solicitation shall be submitted in writing to Mr. Erich P White, erich.p.white@uscg.mil

1. The Government will award a Firm-Fixed Price, Indefinite Delivery/Indefinite Quanitity contract resulting from this combined synopsis/solicitation to the responsible offeror whose offer conforming to the synopsis/solicitation will be most advantageous to the Government, price and other factors considered listed in in evaluation criteria.

SUBMISSION INSTRUCTIONS

Submission Instructions to Vendors

The RFQ is due no later than 20 August 2024 by 1:59 PM Eastern Time and shall be submitted by email to Erich.P.White@uscg.mil and Melony.Y.Suber@uscg.mil. Please note this RFQ shall not be considered direction to proceed with the subject effort, nor a promise of future direction to proceed. Offeror is solely responsible for quote's costs.

70Z02324Q91240003

A cover letter (not to exceed one (1) page) shall be included for all submissions. The cover letter shall be included on Volume I and include the offeror's name and address; U.S. Coast Guard solicitation number; SAM Unique Entity ID; CAGE number;

offeror's point of contact including their phone number and e-mail address, and the date the offeror's quote expires.

Minimum acceptable font size is no smaller than eleven (11) point and no smaller than ten (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".

It is the offeror's responsibility to ensure sufficient time is provided for electronic submissions to be processed. The contractor shall acknowledge the solicitation and all amendments thereto.

The offeror shall submit two (3) volumes. Volume I shall contain their response to Factor 1, Technical Specifications, Volume II shall contain their response to Factor 2, Past Performance and Volume III shall contain their response to Factor 3, Price.

• Volume I – Technical Specifications

• Volume II – Past Performance

· Volume III - Price

NAICS Code: 611519

PSC : U099

Volume 1:

Factor 1 Technical Approach

Submission Requirements: (5 Page Limit)

The Offeror shall provide their technical approach and willingness to meet Sections 2.1, through 4.0 of the PWS.

Volume 2:

Factor 2 Past Performance

Submission Requirements: (5 Page Limit)

70Z02324Q91240003

Offerors may provide past performance information for the last five (5) contracts related to external metallic surface polishing and ceramic coating maintenance for Federal agencies, state/local governments and/or commercial customers within the last three (3) years from the issue date of this RFP. There is no evaluation penalty for reporting fewer than the five (5) contracts.

The Offeror shall submit a summary of the Offerors past performance on the contract.

The summaries of relevant projects performed shall include:

1) project name, contract and/or task order number.

2) contract dollar value.

3) period of performance.

4) customer point of contact (including name, phone number, and email address).

5) detailed description of work performed.

6) the results achieved; and a narrative that addresses the extent to which the work performed is similar in scope and complexity to this RFQ.

The Government reserves the right to utilize past performance information from sources other than those provided by the contractor—including, but not limited to, the Contractor Performance Assessment Reporting System (CPARS) and the Past Performance Information Retrieval System (PPIRS).

Volume 3:

Factor 3 Price

Submission Requirements:

Offerors shall submit their best price proposal in response to the requirements set in the PWS.

4. Section D - Packaging and Marking

70Z02324Q91240003

5. Section E - Inspection and Acceptance Terms

Article Number Reference Text

52.246-4 52.246-4 INSPECTION OF SERVICES-FIXED-PRICE (AUG 1996)

6. Section F - Delivery or Performance

7. Section G - Contract Administration Data

Requesting Office Address

70098 COMMANDANT (CG-41)

HEADQUARTERS USCG

2703 MARTIN LUTHER KING JR AVE SE

MS 7202

WASHINGTON DC 20593

Phone: 757/756-5315 Fax:

Contact Details:

SERGEIKO, STEPHEN W.

Stephen.W.Sergeiko@uscg.mil

70Z02324Q91240003

COR Office Address

70098 COR COMMANDANT (CG-41)

2703 MARTIN LUTHER KING JR AVE SE

MS 7202

WASHINGTON DC 20593

Phone: 757/756-5315 Fax:

Contact Details:

SERGEIKO, STEPHEN W.

Stephen.W.Sergeiko@uscg.mil

Issuing Office Address

70Z023 CG-9124

2703 Martin Luther King Ave, SE Washington DC 20593 Phone: 910/581-2954 Fax:

Contact Details:

WHITE, ERICH P.

Erich.P.White@uscg.mil

Payment Office Address

USCG FINANCE CENTER

FINANCE CENTER USCG

1430A KRISTINA WAY

CHESAPEAKE VA 23326-1000

Phone: Fax:

Contact Details:

8. Section H - Special Contract Requirements

9. Section I - Contract Clauses

52.202-1 52.202-1 DEFINITIONS (JUN 2020)

70Z02324Q91240003

52.203-3 52.203-3 GRATUITIES (APR 1984)

52.203-6 Alt I 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN

2020) ALTERNATE I (NOV 2021)

52.203-7 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

52.203-10 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)

52.203-17 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

52.204-13 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-23 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES(NOV 2021)

52.204-25 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.204-27 52.204-27 Prohibition on a ByteDance Covered Application

52.209-6 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(NOV 2021)

52.209-9 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

52.209-10 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

52.209-14 52.209-14 RESERVE OFFICER TRAINING CORPS AND MILITARY RECRUITING ON

CAMPUS (NOV 2021)

52.215-17 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)

52.219-4 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL

BUSINESS CONCERNS (OCT 2022)

52.219-28 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (FEB 2024)

52.222-21 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-29 52.222-29 NOTIFICATION OF VISA DENIAL (APR 2015)

52.222-50 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.226-8 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (MAY 2024)

52.232-23 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

70Z02324Q91240003

52.232-33 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.233-3 52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.243-1 Alt I 52.243-1 CHANGES--FIXED PRICE (AUG 1987) ALTERNATE I (APR 1984)

52.249-2 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)

(APR 2012)

52.232-18 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

3052.219-71 (Deviation) DHS MENTOR-PROTÉGÉ PROGRAM (DEVIATION 24-01) (APRIL 2024)

(a) Large businesses are encouraged to participate in the DHS Mentor-Protégé program for the purpose of providing developmental assistance to eligible protégé entities to enhance their capabilities and increase their participation in DHS contracts.

(b) The program consists of:

(1) Mentor firms, which are large prime contractors capable of providing developmental assistance;

(2) Protégé firms, are small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, HUBZone small businesses, small disadvantaged businesses, and women-owned small business concerns, Historically Black Colleges and Universities, and Minority Serving Institutions; and

(3) Mentor-Protégé agreements, approved by the DHS Office of Small and Disadvantaged Business Utilization (OSDBU).

(c) Mentor participation in the program means providing business developmental assistance to aid protégés in developing the requisite expertise to effectively compete for and successfully perform DHS contracts and subcontracts.

(d) Large business prime contractors serving as mentors in the DHS Mentor-Protégé program are eligible for a post-award incentive for subcontracting plan credit. The mentor may receive small business subcontracting credit for costs it incurs to provide assistance to a protégé. The mentor may use this additional credit towards attaining its subcontracting plan participation goal under the same or another DHS contract. The amount of credit given to a mentor firm for these protégé developmental assistance costs shall be calculated on a dollar for dollar basis and reported in the Summary Subcontract Report via the Electronic Subcontracting Reporting System (eSRS) at www.esrs.gov. For example, a mentor/large business prime contractor would report a $10,000 subcontract to the protégé subcontractor and $5,000 of developmental assistance to the protégé as $15,000. The Mentor and Protégé will submit a signed joint statement agreeing on the dollar value of the developmental assistance and the Summary Subcontract Report.

(e) Contractors interested in participating in the program are encouraged to contact the DHS OSDBU for more information.

(End of clause)

52.203-17 (Deviation) CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (April 2024) (DHS-USCG

DEVIATION 14-01, Revision 1)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established

70Z02324Q91240003 at 10 U.S.C. 4701 and Homeland Security Acquisition Regulation (HSAR) 3.900 (DEVIATION) through 3.905 (DEVIATION).

(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. 4701, as described in HSAR 3.900 (DEVIATION) through 3.905

(DEVIATION).

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

52.204-23 (DEVIATION) PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

(DEVIATION 2020-05)

(a) Definitions. As used in this clause—

"Covered article" means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

"Covered entity" means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information contained in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if https://www.law.cornell.edu/uscode/text/10/4701 https://www.law.cornell.edu/uscode/text/10/4701 https://www.law.cornell.edu/uscode/text/10/4701 https://www.law.cornell.edu/uscode/text/10/4701

70Z02324Q91240003 applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

52.204-25 (DEVIATION) PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 2020-05)(DEC 2020)

(a)Definitions. As used in this clause—

"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

"Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

70Z02324Q91240003

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

"Interconnection arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

"Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b)Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in

FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunicationequipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c)Exceptions. This clause does not prohibit contractors from providing—

(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d)Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and mailto:NDAA_Incidents@hq.dhs.gov

70Z02324Q91240003

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e)Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e)and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule.

The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract.

Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after _________.

52.216-23 EXECUTION AND COMMENCEMENT OF WORK (APR 1984)

The Contractor shall indicate acceptance of this letter contract by signing three copies of the contract and returning them to the Contracting Officer not later than _________. Upon acceptance by both parties, the Contractor shall proceed with performance of the work, including purchase of necessary materials.

52.216-25 CONTRACT DEFINITIZATION (OCT 2010)

(a) A _________ definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a _________ proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.

(b) The schedule for definitizing this contract is:

70Z02324Q91240003

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with Subpart 15.4 and Part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by-

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with paragraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

52.217-8 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.

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 5 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 5 years ( months) (years).

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):

CGAP 3032.7002-90 INVOICE AND VOUCHER REVIEW AND APPROVAL

a) Definitions. As used in these instructions -

(1) "Payment request" means a bill, voucher, invoice, or request for contract financing payment…