Terms_and_Conditions.pdf

TERMS AND CONDITTONS 702038r8QJ0000245

Federal Acquisition Regulation (FAR) and Homeland Securitv Acquisition Reeulation (HSAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation.

The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (lAW) FAR 13.004 constitutes acceptance of all terms and conditions contained herein.

52.212-l Instructions to Offerors - Commercial Items Jan 2017

Evaluation Criteria The provision at FAR 52.212-2 Evaluation of Commercial ltems is not applicable to this solicitation. This purchase order is expected to be awarded to Triumph Engine Control Systems, LLC however if offers are received from any other offeror, quotes will be evaluated in accordance with FAR 13.106-2 based on the criteria listed below. Award will be made to the lowest priced, technically acceptable offeror representing the best value to the Government.

Technical Acceptability: Technical Acceptability will be evaluated to determine an overall rating of "acceptable" or "unacceptable". Technical Acceptability will be evaluated on the ability of the offeror to provide new manufactured commercial items from the Original Equipment Manufacturer (OEM) or an OEM approved source. The United States Coast Guard (USCG) requires the following items on a sole source basis.

Qtv Part Number Nomenclature Manufacturer l5 116007-0545-14 Enhanced Digital Electronic

ControlUnit Triumph Engine Control Systems

(Cage Code 1 1599)

Price: The contractor shall provide pricing as requested. Any quantity price discounts and discounts for prompt payment should be included in this section. The offeror's quotation will be evaluated using one or more of the techniques defined in FAR 13. I 06-3, in order to determine if it is fair and reasonable.

Evaluation Method: Only the lowest priced offer will be evaluated for Technical Acceptability. Should the lowest priced offer not receive an acceptable technical or past performance rating, the process will continue in order of lowest priced offer until the lowest priced, technically acceptable offer is identified.

52.212-3 OfferorRepresentationsandCertifications-Commercialltems X Alternatel of 52.212-3

Nov 2017 Oct 2014

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://r.vrvrv.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(End of Provision)

52.212-4 Contract Terms and Conditions Commercial Items Jan2017

Additional Terms and Conditions Quality Assurance:

This section is applicable to all orders for products that will ultimately touch USCG aircraft.

l. The Contractor shall, immediately upon discovery, notifu and disclose conditions to the Contracting Officer of any event, supply change, material change, supply malfunction, counterfeit/suspect parts or materiel, defect or non-airwofthy condition of any product or component (to include components used in repairs) found to potentially cause a non-conformity to the original specifications of this contract. The Government reserves the

Page I of 12

2.

J.

TERMS AND CONDTTTONS 70203818QJ0000245

right to inspect any non-conforming product or component. Therefore, the Contractor shall obtain approval from the Contracting Officer prior to the disposition of any non-conforming product or component.

The contractor's quality control manual shall address in detail the contractor's risk management, test, inspection, non-conforming product and counterfeit/suspect parts processes.

The Contractor shall immediately notifu the Contracting Officer of any changes that potentially have an impact on the product. Changes may include but are not limited to products, processes, materiel, supplier sources, manufacturing fac i I ity location and personnel qual ifi cation s.

Upon notification of the change, the USCG will approve or deny the change. Facility location changes may require the Government to perform a facility inspection. The contractor shall allow the Government access to all applicable areas of the contractor's facilities to ensure compliance with contractual requirements. In the event that the change is not approved by the USCG, the contract, delivery order or task order may be cancelled or terminated in accordance with FAR.

The contractor shall retain all records in accordance with FAR 4.7 Contractor Records Retention. The contractor shall be required to permit Government access to applicable records retained at any level of the supply chain.

Unless otherwise specified, the Contractor shall flow down all requirements in this contract to their supply chain, to include all subcontractors and suppliers.

Packaging Instructions:

1. The USCG Aviation Logistics Center (ALC) is a supply depot; therefore, material will be stored and transshipped to various users. The container shall be packed and labeled suitable for shipment via land, air, or sea.

Packaging material shallNOT consist of the following: popcorn, shredded paper, Styrofoam of any type, or peanut packaging.

2. Each part shall be individually packed in a separate envelope, box, carton or crate. For bulk packages, packaging of material up to 100 each per package is acceptable. Each individual container shall be labeled on the inside with National Stock Number, Part Number, Serial Number, Quantity, Nomenclature, Purchase Order Number, and Purchase Order Line Item Number. Packing List and Certification/Documentation shall be placed on the outside of individual containers.

3. The internal packing material shall be sufficient to prevent damage during shipment, handling and storage.

Preservation and protection shall be provided to prevent corrosion, deterioration or decay during warehouse storage for a period ofone year.

Shipping Instructions:

Items shall be shipped to the following address:

USCG Aviation Logistics Center Receiving Section, Bldg. 63

1664 Weeksville Road Elizabeth ciry, NC 27909-5001

Purchase Order Number

Inspection and Acceptance:

1 . Inspection and acceptance of material under this contract, to ensure that equipment is in accordance with manufacturer's specifications, shall be performed at destination by local USCG personnel and consist of count and

4.

5.

6.

TERMS AND CONDTTTONS 70203818QJ0000245

condition only. NOTE: All serial number tracked items will be inspected and accepted by local USCG Quality Assurance personnel.

2. A Certificate of Conforrnance (COC) shall be required for all items provided on this contract. The certificate must be signed by an authorized official of the approved source and must specifu the nomenclature, manufacturer's part number and date of manufacture. For Production Approval Holder, a COC and a copy of the FAA Parts Manufacturer Approval (PMA) or other manufacturing authority shall be provided. The certificate must be signed by an authorized official representing the approved source and must specifu the manufacturer's part number and date of manufacture.

3. Contractors shall also provide a COC signed by the contractor's authorized representative in accordance with F AR 52.246- I 5 and documentation reflecting the complete unbroken history of ownership of the parts from purchase from the approved manufacturing source until delivery to the USCG.

4. Full and clear traceability must be provided with delivery of each part. If full and clear traceability is not provided, AI-C will not accept delivery of the part and invoicing may be not be approved for payment.

Delivery Terms:

F.O.B. Destination is requested as the F.O.B. point for all deliverables. All offers will be considered F.O.B.

Destination unless F.O.B. origin is specified AND estimated shipping costs are included.

Invoicing Instructions:

I . The contractor's invoice shall be submitted IAW FAR 52.212-4 to the designated billing office for payment as noted below. The Contractor is HIGHLY encouraged to submit invoices electronically to ALC-l=iscalter)uscg.rn iL

Chiel Fiscal Branch

USCG ALC

Fiscal Branch, Bldg. 63

1664 Weeksville Road Elizabeth City, NC 27909 Purchase Order Number

2. All payments will be made electronically IAW FAR 52.232-33. The contractor may submit the invoice five

(5) days after shipment of items. The invoice will not be approved untilall items have been receipted.

52.212-5 Contract Terms and Conditions Required to Implement Jul2018 Statutes or Executive Orders-Commercial Items

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

(l) 52.203-19, Prohibition on Requiring Certain InternalConfidentiality Agreements or Statements (Jan2017) (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 (JuI2018) (Section 1634 of Pub. L. I l5-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

TERMS AND CONDTTIONS 70203818QJ0000245

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2OOa)(Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

X ttl 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and l0 U.S.C. 2402).

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

tr t:l 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section I 553 of Pub. L. I I I -5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X t+l 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.

109-282) (31 U.S.C.6l0l note).

E fsl [Reserved].

E t6l 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 1l l-l17, section 743 of Div. C).

E tZl 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. I I 1-1 17, section 743 of Div. C).

X f8l 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6l0l note).

E fql 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (al u.s.c.2313).

n ftO) [Reserved].

fl (t t)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 201t) (15 U.S.C .65ja).

E (ii) Alternate I (Nov 2011) of 52.219-3.

[ 1tZ11i; 52.219-4,Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 20la) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

E tii) Alternate I (Jan 201 1) of 52.219-4.

n (t:) [Reserved]

E (t+Xi) 52.219-6,Notice of Total Small Business Set-Aside (Nov 201l) (15 U.S.C. 644).

n fiil Alternate I (Nov 201 I ).

E (lii) Alternate II (Nov 2011).

E ( t SXi) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) ( l5 U.S.C. 644).

I fiil Altemate I (Oct 1995) of 52.219-7.

E (lii) Alternate II (Mar 2004) of 52.219-7.

X (t0) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2)and (3)).

E (t zxi) 52.219-9, Small Business Subcontracting Plan (Jan zol't) (15 u.s.c. 637(d)(4)).

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

E (iii) Alternate II (Nov 2Ot6) of 52.219-9.

E (iu) Alternate III (Nov 2016) of 52.219-9.

n (r) Alternate IV (Nov 2016) of 52.219-9.

E (tt) 52.219-l3,Notice of Set-Aside of Orders (Nov 201l) (15 U.S.C.6aae).

TERMS AND CONDTTTONS 70203818QJ0000245

E ttql 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(0).

E (ZO) 52.219-16, Liquidated Damages-subcon-tracting Plan (Jan 1999) (15 U.S.C.637(dX4XFXi).

A eD 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 201 I ) ( I 5 U.S.C.

6s7 f).

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

E (Z:) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

A Q+l 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (ZS) 52.222-3, Convict Labor (June 2003) (E.O. I 1755).

X (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

X (ZSl 52.222-26, Equal Opportunity (Sept 2016) (8.O. 1 1246).

X (Zq) 52.222-35, Equal Opportunity for Veterans (Oct 20l5X3S U.S.C . 4212).

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

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X t:Z) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (::Xi) 52.222-50, Combating Trafficking in Persons (Mar 201 5) (22 U.S.C. chapter 78 and E.O. I 3627).

fl (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and 8.O.13627).

E (:+) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12959). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

E (3SXi) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May

2008) (42 U.S.C. 6962(c)(3)(AXii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

n (ill Alternate I (May 2003) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

E (:0) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun

2016) (E.O. r 36e3).

E (:Z) 52-223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (8.O. 13693).

E (:txi) 52.223-13,Acquisition of EPEAT@-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and l3sl4).

E (ii) Alrernate I (Oct 2015) of 52.223-13.

E (3qxil 52.223-14,Acquisition of EPEAT@-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

E fiil Alternate I (Jun 2014) of 52.223-14.

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

E (+ I )(t) 52.223-16, Acquisition of EPEAT@-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

E (ii) Alternate I (Jun 2014) of 52.223-16.

TERMS AND CONDITIONS 70203818QJ0000245

8 @Z) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 201l) (E.O.

l3sr3).

E t+g) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

E t++) s2.223-21, Foams (Jun 2016) (E.O. 13693).

n (+SXi) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

E (ii) Alternate I (JAN 2017) of 52.224-3.

X (+0) 52.225-1, Buy American-supplies (May 2014) (41U.S.C. chapter 83).

! (+ZXi) 52.225-3, Buy American-Free Trade Agreements-lsraeli Trade Act (May 2014) (41 U.S.C. chapter

83, l9 U.S.C.3301 note, l9 U.S.C.2112note,19 U.S.C.3805 note, l9 U.S.C.4001 note, Pub. L. 103-182, 108-

77,108-78,108-286,108-302,109-53,109-169,109-283,110-138, ll2-41,112-42.and112-43.

E (ii) Alternate I (May 2Ol4) of 52.225-3.

! lilll Alternate II (May 2014) of 52.225-3.

E (iu) Alternate III (May 2Ol4) of 52.225-3.

E (+S) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.3301 note).

X t+qi 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

n (SO) 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 FiscalYear 2008; l0 U.S.C. 2302 Note).

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

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

s 1 s0).

E (S:) 52-232-29, Terms for Financing of Purchases of Commercial ltems (Feb 2002) (41 U.S.C.4505, l0 u.s.c.2307(t)).

E f S+) 52.232-3o,Installment Payments for Commercial Items (Jan 201 7) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X tSS) 52.232-33, Payment by Electronic Funds Transfer-system for Award Management (Jul 2013) (3 I u.s.c. 3332).

E (S0) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

2013) (31 u.s.c. 3332).

n (SZ) 52.232-36, Payment by Third Parry (May 2014) (31 U.S.C. 3332).

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

n tSq) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

E (6OXi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and l0 U.S.C. 2631).

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

[Contracting Officer check as appropriate.J E ttl 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

Z t2152.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

fl <:i 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2Ol4) (29 U.S.C. 206 and 4l U.S.C.

chapter 67).

E t+l 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

n <Sl 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May

2014) (29 U.S.C. 206 and 4l U.S.C. chapter 67).

E f6l 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).

E tZl 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).

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

E (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13106).

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

D (tt)52.237-ll,AcceptingandDispensingof$lCoin(Sept2008)(31U.S.C.5112(p)(1)).

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

(l) 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 involvino 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)( I ) 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)( I ) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section743 of Division E, Title VII, of the Consolidated and FurtherContinuingAppropriations Acq20l5 (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. I I 5-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. Ifthe 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.

TERMS AND CONDTTTONS 70203818QJ000024s

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-11 .

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

(vii) 52.222-26,Equal Opportunity (Sept 2016) (E.O. I1246).

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). FIow down required in accordance with paragraph (f1 of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xiii)

52.222-50, Combating Trafficking in Persons (Mar 201 5) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E .O 13627).

(xiv) 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).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Serryices-Requirements (May 2014) (41 U.S.C. chapter 67).

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 201 5).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (8.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; l0 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.

(xxii) 52.247-64,Preference for Privately Owned U.S.-Flag CommercialVessels (Feb 2006) (46 U.S.C.

Appr. 1241(b) and l0 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.241- 64.

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

(End ofclause)

Alternate I (Feb 2000). As prescribed in 12.301(bX4Xi), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) ofthis clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) ofthis clause."

Alternate II (Jul 201 8). As prescribed in 12.301(bx4xii), substitute the following paragraphs (dX I ) and (e)( I ) for paragraphs (d)( I ) and (e)( I ) of the basic clause as follows:

(dXl) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to-

(i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

TERMS AND CONDTTIONS 7020381 8QJ0000245

(e)(l) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than-

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses Iisted in this paragraph (e)(l). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. I I l-5).

(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 201 8) (Section 1634 of Pub. L. I l5-91 ).

(D) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. Ifthe 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.

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

(F) 52.222-26, Equal Opportunity (Sept 2016) (E.O. I 1246).

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

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

(l) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (8.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(J) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(K)

I ) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

_(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(L) 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).

(M) 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).

(N) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12959).

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

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

(Q)(1)52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(2)Alternate I (Jan 201 7) of 52.224-3.

(R) 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; l0 U.S.C. 2302 Note)

(S) 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.

(T) 52.241-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and l0 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

FAR Clauses

52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation 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 the clause may be accessed electronically at Internet address http://acquisition.gov/larlindex.htlnl

52.204-18 Commercial and Government Entity Code Maintenance Jul2016 52.212-4 Contract Terms and Conditions - Commercial Items Jan 2017 52.232-40 Providing Accelerated Payments to Dec 2013

Small Business Subcontractors

52.246-15 52.247-34

TERMS AND CONDTTTONS 70203818QJ000024s

Certificate of Conformance F.O.B. Destination

Apr 1984 Nov 1991

Full Text Clauses

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower

Sep 2013

Rights (DHS-USCG DEVIATION 14-01) (a)This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at l0 U.S.C .2409 by section 827 of the NDAA for FY 2013 (Pub. L.112-239) and FAR 3.908.

(b)The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under l0 U.S.C. 2409, as described in section 3.908 of the FAR.

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

(End of Clause)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems Jun 2016

(a) Definitiores. As used in this clause--ooCovered contractor information system" means an information system that is owned or operated by a contractor that processes, storeso or transmits Federal contract information.

'oFederal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

"lnformation" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems lnstruction (CNSSI) 4009).

"lnformation system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of informati on (44 U.S.C. 3502).

"Safeguarding" means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

( I ) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verif, and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identiff information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verifu) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

TERMS AND CONDTTTONS 70203818QJ000024s

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identifu, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requiremenrs. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.252-6 Authorized Deviations in Clauses Apr 1984

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter l) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation (48 CFR 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Clause)

Solicitation Provisions

52.252-l Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identifl, the provision by paragraph identifier and provide the appropriate information with its quotation or offer. In addition, the full text of a solicitation provision may be accessed electronically at this address:

http:l/acqu i sition. gov/f a r/i ndex. htm l.

52.204-16 Commercial and Government Entity Code Reporting Jul2016

Full Text Provisions

52.209-ll Representation by Corporations Regarding Delinquent Feb 2016 Tax Liability or a Felony Conviction under any Federal Law

(a) As required by sections 744 and 745 of Division E, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax Iiability that has been assessed, for which alljudicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax

Page 11 of12 liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that- (l ) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2)ltis[]isnot[]acorporationthatwasconvictedofafelonycriminalviolationunderaFederallawwithinthe preceding 24 months.

(End of provision)

<r r11_, Service ofProtest Sep 2006

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

USCG ALC MRR Division ATTN: Monique Swinson 1664 Weeksville Road Elizabeth City, NC 27909

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

(End of Provision)

Full Text Homeland Securitv Acquisition Reeulation (HSAR) Clauses

HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial ltems

Sep 2012

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

[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.]

(b) Clauses.

fi ZOSZ.ZO5-70 Advertisement, Publicizing Awards, and Releases.

A ZOSZ.Z\g-70 Small Business Subcontracting Plan Reporting.

I ZOSZ.Z|9-7I DHS Mentor Prot6g6 Program.

(End of clause)