70Z02324RBAAGLCOE-1 BAA Solicitation.pdf

BROAD AGENCY ANNOUNCEMENT (BAA)

BAA NUMBER: 70Z02324RBAAGLCOE-1

Freshwater Oil Spill Preparedness and Response Research

United States Coast Guard (USCG) Great Lakes Oil Spill Center of Expertise (GLCOE)

70Z02324RBAAGLCOE-1

I. INTRODUCTION

This announcement is being made to support the United States Coast Guard (USCG) Great Lakes Oil Spill Center of Expertise (GLCOE) to open a Broad Agency Announcement (BAA) 70Z02324RBAAGLCOE-1 and is the second step of this process from the prior Sources Sought Notice 70Z02324RBAAGLCOE published and dated October 12, 2023, requesting for White Paper submission. This BAA document supports as contemplated under Federal Acquisition Regulation (FAR) 35.016(d) and (e). Contracts and/or Agreements based on responses to this BAA are the result of full and open competition and in full compliance with the provisions of Public Law (PL) 98- 369, “The Competition in Contracting Act of 1984.”

This Broad Agency Announcement document and incorporated provisions and clauses are those in effect and anticipates that a competitive firm fixed price contract shall be awarded because of this synopsis/solicitation announcement. All responsible sources may submit a proposal, which if timely received, shall be considered by this agency.

This announcement constitutes a solicitation. This announcement does not commit the Government to any contractual agreements or arrangements.

PROPOSALS ARE SOLICITED UNDER THIS ANNOUNCEMENT.

No entitlement or payment of direct or indirect costs or charges by the contractor/vendor shall arise because of submission of responses to this announcement and USCG use of such information.

USCG reserves the right to select for award and fund all, some, or none of the submissions received in response to this BAA. USCG will not provide funding or reimbursement for proposal development costs. Full submissions or any other material submitted in response to this BAA will not be returned. All submissions shall be unclassified.

USCG reserves the right to use this announcement and responses received as part of market research efforts and may appropriately use other FAR parts to procure services.

II. GENERAL INFORMATION

1. Agency Name: United States Coast Guard, Great Lakes Oil Spill Center of Expertise

(GLCOE)

2. Research Opportunity Title: Freshwater Oil Spill Preparedness and Response Research Open Proposal

3. Program Name: Great Lakes Center of Expertise Oil Spill Response

4. Research Opportunity Number: 70Z02324RBAAGLCOE-1

1.0. QUOTATION INFORMATION

1.1. NAICS Code and Small Business Size Standard: The principal nature of the requirements described in this solicitation is consistent with services performed by industries in the 541715 – Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology)

1.2. Product Service Code (PSC): The services in this solicitation are best represented by the Product Service Code (PSC) AC12 – National Defense R& D Services; Department of Defense-Military; Applied Research

1.3. Type of Contract: The primary type of contract resulting from this solicitation is Firm Fixed Price/Service.

1.4. Type of Services: The services required are: (X) Commercial ____ Non- Commercial

1.5. Extent of Competition: This solicitation will be based on:

x Fair Opportunity procedures (FAR 16.505(b)(1)) _ __Exception to Fair opportunity process: Sole Source (FAR 16.505(b)(2)(B)

_____ HUB Zone small business concerns _____Service-disabled veteran-owned small business (SDVOSB) concerns _____ Economically disadvantaged women-owned small business (EDWOSB) concerns eligible under the Women-Owned Small Business Program or, _____ Women-owned small business (WOSB) concerns eligible under the Women-Owned Small Business Program

1.6. Security Clearances:

1.6.1. The clearance level is: __X___ Unclassified _____ Classified

1.6.2. The Facility Clearance Level is: _X_ Unclassified _____Secret _____Top Secret

1.7. Performance Location(s):

1.7.1. The performance locations for this PWS/SOW are: __X___CONUS

____OCONUS

_____Mix of Both

1.7.2. The labor will be performed at: _____Government Site(s) _____Contractor Site(s) __x___ Mix of Both

1.7.3. Place(s) of Performance: The places of performance(s) for this

PWS/SOW are: The primary place of performance will be the Contractor’s facilities with infrequent visits to the co-collaborator’s federal facilities, as appropriate.

1.8. Period of Performance: The period of performance is for one year (12 months) from date of award.

Base Period - 1/1/2024 – 12/31/2024

3. Contract Line Items (CLINs) and Contract Type by CLIN (Reference attachment for vendor price summary template)

4. Description of Services See Attached Performance Work statement (PWs)/Performance Requirements Summary

(PRS)

5. Delivery and Performance Information Quality Assurance Surveillance Plan (QASP) will be delivered via email to qualified contractors who submitted White Papers and were reviewed and deemed acceptable based on the prior Sources Sought Notice dated October 12, 2023.

6. BAA Type: Open Two-Step Announcement

7. Response Date

First Step: White Papers and questions regarding the White Paper submissions completed at 12:00 pm EST on October 18, 2023.

There are two proposal submission cut-off dates:

1) If the Technical and Cost/Price proposals are requested, our goal is to notify offerors via email by no later than November 6, 2023. Send proposals to SMB-GreatLakesCOE@uscg.mil and Jesse.L.Womack@uscg.mil.

2) The deadline for Technical/Cost Proposals is November 13, 2023, at 12:00 pm EST. Send White Papers via email to SMB- GreatLakesCOE@uscg.mil and Jesse.L.Womack@uscg.mil.

Second Step: PROPOSAL DUE DATE AND TIME: Technical/Cost Proposals that have been evaluated as having importance to USCG mission goals and to GLCOE objectives, that demonstrate sufficient scientific and technical merit, and for which funds are available, are invited to submit a full technical and cost/price proposal. Proposals are requested from contractors/vendors whose White Paper Themes have been evaluated and selected having importance to USCG mission goals and to GLCOE. The successful contractors/vendors from the White Paper review will be provided their specialty theme Performance Work Statement (PWS) based upon White Paper review results from the three themes that were provided on the Source Sought Notice.

There are two planned Technical and Cost/Price Proposal related cut-off dates:

1) If Technical and Cost/Price proposals are requested, our goal is to notify offerors via email by no later than November 6, 2023.

mailto:SMB-GreatLakesCOE@uscg.mil

2) If Request for Proposals are emailed on November 6, 2023, then our plan is to request the proposal submission due date to be November 13, 2023, at 10:00 am EST.

8. Eligible Offerors: This BAA is open to all responsible sources in accordance with FAR 2.101, which states, “Responsible prospective contractor means a contractor that meets the standards in 9.104.”

III. RESEARCH OPPORTUNITY DESCRIPTION

1. Background: The Great Lakes region, under the jurisdiction of the 9th Coast Guard District, is a uniquely challenging environment for oil-spill preparedness and response.

With the environmental and economic importance of the Great Lakes region, Congress mandated that the U.S. Coast Guard must establish the Great Lakes Oil Spill Center of Expertise (GLCOE).

Oil spills threaten the water quality and ecosystems of the Great Lakes. Vessels, pipelines, rail, and nearshore facilities cause most of the spills in the region. Although most spills on the lakes are less than 10 gallons, the oil cannot always be eliminated quickly and completely enough to avoid impairment of natural ecosystems, drinking water, and particular industries, such as commercial fishing. Moreover, although technologies exist to mitigate damage from oil spills, most of these have been developed for saltwater environments; less progress has been made on improving methods of containment and removal in freshwater and ice conditions, which differ in density, water-circulation patterns, and ecosystems from those found in salt water.

The GLCOE’s purpose is to operationalize innovative ideas that improve freshwater and arctic oil spill responses. The GLCOE is an independent, non-operational body with a legislative mandate to conduct research in the domain of oil spill response.

2. History: In 2018, Congress required that the Coast Guard prepare “assessment results regarding the effectiveness of oil spill response activities specific to the Great Lakes”.

That report, which the Coast Guard delivered to Congress in November 2018, informed Section 807 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Pub. L. 115- 282). The act directed the establishment of the Great Lakes Oil Spill Center of Expertise.

Below highlights many of the significant events in the development and establishment of the GLCOE:

• 2016 – Congress required Coast Guard to prepare an oil spill response assessment in the Great Lakes.

• 2018 – The report from the Coast Guard to Congress informed Section 807 of the Coast Guard Authorization Act of 2018, directing the establishment of GLCOE.

• 2018 – Senator Gary Peters (Michigan) secured $4.5M for the Great Lakes Center of Expertise initiative.

• 2020 – Homeland Security Operational Analysis Center made recommendations for short/long-term progress and logistics, including staffing positions, partnerships, and site locations.

• 2022 – Active-Duty positions staffed, and Civilian positions posted.

• 2023 – Project selection and funding initiatives progress.

3. Functional Mandate:

a. Monitor and assess, on an ongoing basis, the current state of knowledge regarding freshwater oil response technologies and the behavior and effects of oil spills in the Great Lakes

b. Identify any specific gaps in the Great Lakes Oil spill research, including as assessment of major scientific or technological deficiencies in responses to past spills in the Great Lakes and other freshwater bodies, and seek to fill those gaps

c. Conduct research, development, testing, and evaluation for freshwater oil spill response equipment, technologies, and techniques to mitigate and respond to oil spills in the Great Lakes

d. Educate and train Federal, State, and Local first responders in Coast Guard District 9 in –

1) The incident command system structure

2) Great Lakes oil spill response techniques and strategies, and

3) Public affairs

e. Work with academic and private sector response training response centers to develop and standardize oil spill response training and techniques for use in the Great Lakes

4. Research Topics:

The areas of particular interest to GLCOE for FY 2024 will include the detection of and response to oil under ice or in ice affected waters, released oil, and the decontamination of the same. GLCOE is interested in funding proposal(s) for projects related to the following topics:

a. Theme 1: Freshwater Oil Spill Preparedness

i. Detection of submerged oil (non-floating or weathered) – Identify techniques to detect and quantify sunken oil, suspended plumes, oil trapped under ice, and oil microdroplets

ii. In situ oil sensors - Evaluation and application of in situ oil sensors

iii. Non-conventional oil - Fate, behavior, and transport

b. Theme 2: Freshwater Oil Spill Response

i. Decanting - Evaluation of next generation decanting technologies for on-site oil water separation, decontamination of dissolved oil compounds, and disposal

ii. Adsorbent, absorbent, and solidifier technologies – Advance freshwater or frozen water applications

iii. Boom and skimmers - Advance freshwater or frozen water applications

iv. Released oil – Evaluation of collection methods for released, suspended oil, and recovery of oil trapped under ice (non-floating or weathered)

v. Uncrewed Systems - Advance freshwater or frozen water detection, monitoring, or sampling applications

c. Theme 3: Alternative Response Measures’ Application in Freshwater

i. Shoreline cleaner – Evaluation of current (NCP Subpart J approved) and next generation shoreline cleaners

ii. Spill herding agents – Evaluation of current (NCP Subpart J approved) and next generation spill herding agents

iii. Bioremediation – Evaluation of current (NCP Subpart J approved) and next generation bioremediation agents

iv. Special Monitoring of Applied Response Technologies – Assess potential in situ burn SMART protocol application in the Great Lakes

5. Specific Tasks

a. Technical Task Management: The contractor shall identify a Principal

Investigator to manage the technical task effort, which will be considered a Key Personnel position. The Principal Investigator shall be responsible for ensuring proper technical task program planning and control, timely problem identification and resolution and adequate technical and programmatic interaction with the Government Program Manager. The Principal Investigator shall plan, organize, and manage resources necessary to accomplish the technical task and shall promote strong management, communications, and coordination with any subcontractors and/or associate contractors involved in the technical task. The Principal Investigator shall be responsible for ensuring a timely contractor response to all Government Program Manager information requests.

b. Program Schedule: The program schedule represents the offeror’s commitment to perform the program tasks in an orderly, timely manner. On individual contracts, the contractor shall specify specific days after contract start in the program schedule using a timeline chart showing all major tasks and subtasks, milestones, decision gates, reviews, technical interchange meetings, demonstrations, tests, product deliveries, and overall period of performance.

c. Meetings:

i. Kickoff Meeting: To be held within twenty-five (25) days after award.

ii. Development Tasks: These tasks will be documented in the draft and final reports.

iii. Progress Meeting: Via telephone or videoconference, a progress meeting shall take place approximately half-way through the design process.

iv. Deliverable: Meeting Minutes from Kickoff and Midterm Progress

Meetings.

v. Deliverable: Concept Development Draft and Final Reports.

vi. Monthly Progress Report and Archive: The offeror shall prepare a Monthly Progress/Expenditure Report, and at the end of the period of performance, shall provide an archive containing all submitted deliverables.

d. Exit Criteria and Deliverables:

i. Period of Performance: To be determined based on each individual contract. Expect that the contract period of performance will be up to one (1) year from date of award.

ii. Documentation: The contractor shall provide all documentation necessary for efficient program planning and control.

a. Deliverables: All contracts will result in the minimum of a Final

Report. Contract deliverables may include software or hardware deliverables depending on technical contents of the specific contract.

b. Acceptance Criteria: Government acceptance criteria for each deliverable, product or tangible result shall be specified on individual contracts.

IV. AWARD INFORMATION

1. BAA Type: Open Two-Step Announcement

STEP TWO - The Government is requesting A FULL PROPOSAL via this announcement. Full proposals that are evaluated as having importance to GLCOE functional mandate and to research themes, that demonstrate sufficient scientific and technical merit, and for which funds are available, may be invited to submit a full technical and cost/price proposal.

BASIS FOR AWARD:

Award will be based on Simplified Acquisition Procedures FAR 13.106- 3(a)(2)(vi) of the proposals that are the best value for the United States Coast

Guard. Proposals will be reviewed and awarded on a technical and cost/price relevance.

FUNDING: USCG/GLCOE has funding available for awards under this announcement. The Government reserves the right to select all, part, or none of the white papers received, subject to the availability of funds, for a submission of a full proposal. For those offerors who are selected to submit a proposal, the Government reserves the right to select all, part, or none of the proposal received. All potential offerors should be aware that due to unanticipated budget fluctuations, funding in any or all areas may change with little or no notice.

a. FORM: Awards resulting from this announcement will generally take the form of a contract, although the government reserves the right to use the type of contractual instrument deemed most appropriate for the proposed work.

Awards under this BAA are expected to be primarily Firm Fixed Price (FFP) contracts, but the Government reserves the right to pursue other contract types, including, but not limited to, Time and Materials, and/or Labor Hour contracts.

This is a full and open acquisition. Small businesses (less than 1000 employees) are encouraged to propose on all or any part of this acquisition.

White Papers shall be submitted and evaluated in accordance with this announcement.

b. COST SHARING OR MATCHING: Cost sharing is not a requirement.

c. DATA RIGHTS: The offeror shall include a summary of any proprietary rights to pre-existing data related to techniques, prototypes, or systems supporting and/or necessary for the use of the research, results, and/or prototype. Any rights assertions made in other parts of the proposal that would impact the rights in this section shall be cross-referenced. If there are proprietary rights, the offeror shall explain how these rights will impact the USCG’s ability to demonstrate the delivered prototype for the removal or mitigation of released oil and publish the science and results. Additionally, offerors shall explain how the program goals of the USCG’s response to removing or mitigating the impacts of released oil on the surrounding environment and manmade structures are achievable considering these proprietary and/or restrictive limitations. Offerors asserting Data Rights shall do so in accordance with the clause in FAR 52.227-15, “Representation of Limited Rights Data and Restricted Computer Software.” The Government anticipates incorporating FAR Clauses 52.227-14, Rights in Data – General (MAY 2014) Alternates II, III, IV and V. If there are no claims of proprietary rights in pre-existing data, this section shall consist of a statement to that effect. Depending on the terms and conditions of the expected contract(s), the above-mentioned data rights clauses may need to be negotiated before award.

2. Eligibility Information:

a. All qualified offerors who meet the requirements of the Sources Sought BAA White Paper may submit Proposals.

b. Foreign participation: Foreign Disclosure Review will be accomplished on each full proposal selected for funding; foreign participation may not be allowed.

c. Notice to Foreign-Owned Firms: Such firms are asked to immediately notify the Contracting Officer before deciding to respond to this announcement.

Foreign contractors should be aware that restrictions might apply which could preclude their participation in this acquisition.

d. You will be ineligible for award if all requirements of the prior announcement and this announcement are not met.

a. EXTRANEOUS INFORMATION: Information not explicitly requested in this announcement is not desired by the government and shall not be submitted. The government will only read and evaluate each section up to the stated page limit.

Pages exceeding the page limitation will not be evaluated.

b. FORMATTING:

1) Paper Size – 8.5-inch x 11 inch

2) Margins – one-inch on each side

3) Font – Times New Roman 12-point font, to include tables, diagrams, and charts. Any other information (e.g., footnotes, or headers, restrictive markings) shall not be smaller than Times New Roman 8-point font.

4) White Papers shall be submitted in either Microsoft Word or Adobe PDF.

Additionally, documents should be sent without password protections.

c. RESTRICTIVE MARKING: If the offeror wishes to restrict its white papers, they must be marked with the restrictive language stated in FAR 52.215-1(e).

d. TRAVEL: Contractor travel may be required to support this requirement. All travel required by the Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with FAR 31.205-46, Travel Costs. The Contractor must be responsible for obtaining COR approval (electronic mail is acceptable) for all reimbursable travel in advance of each travel event.

e. INSTRUCTIONS FOR PERFORMANCE WORK

STATEMENT/PERFORMANCE REQUIREMENT SUMMARY (PRS)

This announcement will provide the basic PWS/PRS but fully qualified offerors from the White Paper review process will receive specific PWS/PRS documentation via email by the contracting specialist/contracting officer due to the different themes that were provided in the Sources Sought Notice.

f. INSTRUCTIONS FOR PROPOSALS

1) Part 1. COVER PAGE. Submit in the format of the template provided as Attachment 1. Page limit is one (1) page.

2) Part 2. TECHNICAL/MANAGEMENT. (Page limit is not more than ten

(10) pages. Technical/management shall present, briefly and concisely, the important goals, aspects and core issues of the proposal in technical context.

The technical area shall include:

i.) The technical theme from above to be addressed, statement of objectives and proposed approach to meet the objectives.

ii.) Description of the research and effort to be accomplished. Identify specific tasks.

iii.) An assessment of risk and mitigation plan.

iv.) Description of how proposed work advances the state of the science.

v.) Management – describe how the research shall be organized, subcontractors or organizations that will be doing portions of the technical effort and how the efforts are related to each other along with any other management or administrative information that should be provided for evaluation of the effort.

3) Part 3. CAPABILITIES. Page limit is not more than five (5) pages. This section shall describe the overall capabilities of the offeror to include current and past work in similar Freshwater Oil Spill Preparedness and Response applications technology and a brief description of the facility capabilities that will be used to execute the proposed effort.

4) Part 4. SCHEDULE. Page limit is not more than five (5) pages. (The schedule shall identify and describe major milestones for the entire effort not to exceed one (1) year from date of award. Duration for specific tasks identified in the technical/management section should be shown. The schedule should include an additional three (3) months after the end of technical performance to provide for preparation, submission, review by GLCOE, and acceptance of the final report.

5) Part 5. COST/PRICE. Page limit is not more than five (5) pages. cost/price section should provide top-level details on major cost items such as labor, special equipment that needs to be purchased, materials, expiration date for the validity of any other relevant costs for the proposed effort.

f. HANDLING AND E-MAILING INSTRUCTIONS:

1) All Proposal Submissions shall be sent electronically to the following email addresses:

They must be electronically submitted to the BAA Point of Contact (POC) at SMB-GreatLakesCOE@uscg.mil and Jesse.L.Womack@uscg.mil also, Carbon Copy kenechukwu.a.anakor@uscg.mil with email subject line referencing the BAA number, title, and company name as follows: “GLCOE Solicitation 70Z02324RBAAGLCOE-1 [offeror name]

g. PROPOSAL REVIEW AND SELECTION INFORMATION:

1) The evaluation team will independently evaluate each proposal submitted for selection or non-selection based on a peer or scientific review process in accordance with FAR 35.016(d) and (e).

2) Proposals will be evaluated through a peer or scientific review process using the following criteria, stated in descending order of importance. The criteria stated below will be used to determine whether full proposals will be invited based on the submitted white papers:

i. Modify and test and existing technology for use in new underwater application; could be readily adapted for field use

ii. Evaluate abilities of the canines to detect sunken oil underwater or ice

iii. Assess the ability of in situ fluorometers to detect dissolved and small droplets oil in freshwater; sensor suite on Deep Trekker ROV for USCG D9

3) Proposals submitted will be evaluated as they are received.

4) Organizations whose proposals are evaluated as having importance to

GLCOE functional mandate and to research topics, that demonstrate sufficient scientific and technical merit, and for which funds are available, are invited to submit a full technical and cost proposal via email. Such invitation does not assure that the submitting organization will be awarded a contract. Submitting organizations whose white papers are not selected for submission of a proposal will be notified via email.

5) To be considered for contract award, a white paper must have been submitted and be selected for proposal submission.

1) AWARD NOTICES: Offerors will be notified in writing whether their proposal is recommended for award. An award recommendation is not to be construed to mean the award of a contract is assured as availability of funds and successful negotiations are prerequisites to any award. This announcement is not an authorization to commence work or to incur any costs to perform the tasks described above.

h. ATTACHMENTS

1) Performance Work Statement/Performance Requirements Summary (PRS)

2) Final BAA for Step Two Process and Review

3) Contractor BAA Proposed Price Summary Spreadsheet

PROVISIONS and CLAUSES

37.604 Quality assurance surveillance plans

1. Purpose.

This Quality Assurance Surveillance Plan (QASP) is a government developed and applied document used to provide a standard of surveillance for monitoring this contract.

This QASP establishes the approach the government will use to conduct surveillance of the contractor’s quality control The intent is to ensure that the contractor performs in accordance with performance metrics set forth in the contract documents, that the government receives the quality of services/product called for in the contract, and that the government only pays for the acceptable level of services/product received.

2. Responsibilities.

2.1 This QASP has been developed to evaluate contractor performance while implementing the BAA White Paper/Performance Work Statement (PWS). It is designed to provide an effective surveillance method of monitoring contractor performance for each listed objective on the Performance Requirement Summary (PRS).

2.2 The QASP is based on the premise the government desires to maintain quality and standards. The QASP is a tool for use in government administration of the PWS and remains subject to revision at any time by the government throughout the contract performance period.

2.3 The contractor is responsible for management and quality control actions to meet the terms of the contract. As the performance period progresses, the levels of surveillance may be altered for service areas that is either consistently excellent or consistently unsatisfactory. If observations reveal consistent good performance, then the amount of surveillance may be reduced. If observations reveal consistent deficiencies, increased surveillance may be implemented.

3. Performance Requirements Summary (PRS).

3.1 The PRS establishes key elements of Contractor performance that represent “mission essential” service requirements, which are identified in the table below in the “Required Service/Product” column. The “Performance Standard” column represents the standard against which Contractor performance will be measured in relation to accomplishment of the corresponding service output. The performance objective or “standard” describes the minimum acceptable level of service by the Contractor for satisfactory performance. The “Acceptable Quality Level (AQL)” column displays the maximum allowable deviation from the performance objective, which, if exceeded, evokes the negative incentive specified in the table below. The Contractor shall provide all written reports in electronic format with read/write capability using applications that are compatible with Coast Guard workstations (Windows Operating Systems and Microsoft Office Applications).

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (DEC 2022)

(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 products and commercial services:

(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)

(4) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L.

115-232).

(5) 52.204-26 Covered Telecommunications Equipment or Services- Representation (Oct 2020)

(6) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(7) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.

(8) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(9) 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:

(10) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(11) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

(12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C.

644).

(13) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3).

(14) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

(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:

(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—

(1) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C.

3509).

(2) 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) 52.219-8, 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.

(v) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

(vi) 52.222-17, Non-displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (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 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).

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

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

(xx) 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).

(xxi) 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.

(xxvi) 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)

52.252-1 – Solicitation Provisions Incorporated by Reference

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/

(End of clause)

3052.209-70-- Prohibition on contracts with corporate expatriates

As prescribed at (HSAR) 48 CFR 3009.108-7005, insert the following provision:

Prohibition on Contracts with Corporate Expatriates (JUN 2006)

(a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this provision, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this provision:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting ‘more than 50 percent’ for ‘at least 80 percent’ each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions) -

(1) The entity completes the direct or indirect acquisition of substantially all the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held -

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C.

395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interest’s incident to the transaction, as follows:

(i) Warrants;

(ii) Options;

(iii) Contracts to acquire stock;

(iv) Convertible debt instruments;

(v) Others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

_ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108- 7003;

_ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108- 7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

_ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108- 7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

3052.212-70 -- Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (JUL 2023)

As prescribed in (HSAR) 48 CFR 3012.301, insert the following clause:

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: [The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]

(a) Provisions.

____3052.216–70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

____3052.219–72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

____3052.247–70 F.o.B. Origin Information.

____Alternate I

____Alternate II

____3052.247–71 F.o.B. Origin Only.

___ 3052.247–72 F.o.B. Destination Only.

(b) Clauses.

_x___3052.203–70 Instructions for Contractor Disclosure of Violations.

_x___3052.204–71 Contractor Employee Access.

____Alternate I

____Alternate II

_x___3052.204–72 Safeguarding of Controlled Unclassified Information.

____Alternate I

____3052.204–73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents.

____3052.205–70 Advertisement, Publicizing Awards, and Releases.

____Alternate I

__x__3052.209–72 Organizational Conflicts of Interest.

____3052.209–73 Limitation on Future Contracting.

_x___3052.215–70 Key Personnel or Facilities.

____3052.216–71 Determination of Award Fee.

____3052.216–72 Performance Evaluation Plan.

____3052.216–73 Distribution of Award Fee.

____3052.217–91 Performance. (USCG)

____3052.217–92 Inspection and Manner of Doing Work. (USCG)

__x__3052.217.93 Subcontracts. (USCG)

____3052.217.94 Lay Days. (USCG)

____3052.217–95 Liability and Insurance. (USCG)

____3052.217–96 Title. (USCG)

____3052.217.97 Discharge of Liens. (USCG)

____3052.217–98 Delays. (USCG)

____3052.217–99 Department of Labor Safety and Health Regulations for Ship Repair.

(USCG)

__x__3052.217–100 Guarantee. (USCG) (HSAR)

____3052.219–71 DHS Mentor Protégé Program.

____3052.228–70 Insurance.

____3052.228–90 Notification of Miller Act Payment Bond Protection. (USCG)

____3052.228–91 Loss of or Damage to Leased Aircraft. (USCG)

____3052.228.92 Fair Market Value of Aircraft. (USCG)

____3052.228–93 Risk and Indemnities. (USCG)

____3052.236–70 Special Provisions for Work at Operating Airports.

_x___3052.242–72 Contracting Officer's Representative.

_x___HSAR 3052.249–90 Contract Termination (USCG).

(End of clause)

ORGANIZATIONAL CONFLICTS OF INTEREST FOR CONTRACTS

AWARDED BY THE U.S. COAST GUARD OFFICE OF CONTRACT

OPERATIONS

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

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

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

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

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

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

(End of clause)

FAR 52.212.2 – Evaluation – Commercial Products and Commercial Services

EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical and Cost/Price submitted from White Paper and Proposal.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

SECTION 508 COMPLIANCE

Section 508 of the Rehabilitation Act (classified to 29 U.S.C. § 794d) requires that when Federal agencies develop, procure, maintain, or use information and communications technology (ICT), it must 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.

All products, platforms and services delivered as part of this work statement that, by definition, are deemed ICT must conform to the revised regulatory implementation of Section 508 Standards, which are located at 36 C.F.R. § 1194.1 & Appendixes A, C & D, and available at https://www.ecfr.gov/cgi-bin/text-idx?SID=e1c6735e25593339a9db63534259d8ec&mc=true&node=pt36.3.1194&rgn=div

5. In the…