70Z04019Q61350.Fuel.6.13.19.docx

70Z04019Q61350

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

TABLE OF CONTENTS

DESCRIPTION PAGE(S)

Standard Form 1449 (SF1449) 1

Table of Contents 2

Addendum to Standard Form 1449:

Addendum to FAR Clause 52.212-4, Contract Terms and Conditions – 19-25 Commercial Items

FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement 25-30 Statutes or Executive Orders – Commercial Items

Addendum to FAR Clause 52.212-1, Instructions to Offerors –

Commercial Items

ATTACHMENTS:

Attachment 1 – Statement of Work

ADDENDUM TO SF 1449 - BLOCK 19 THROUGH 26

SCHEDULE OF SUPPLIES/SERVICES

TYPE OF CONTRACT

This is a commercial fixed-price Requirements Type Contract consisting of one (1) base year and up to four (4) option years. A requirements-type contract is defined in FAR Clause 52.216-21, Requirements (Oct 1995).

ORDERING

Any supplies or services to be furnished under this contract shall be ordered by issuance of individual task orders.

Any Coast Guard warranted Contracting Officer can place a task order against this contract in accordance with the stated terms and conditions. No Government representative, other than the assigned Contracting Officer, has the authority to alter the terms and conditions of this contract.

Refer to FAR Clause 52.216-18 Ordering (Oct 1995), shown on page 21, for additional information.

OPTIONS

Each option extending the term of this contract shall be for a period of one (1) year from the effective date of each option and shall be issued in accordance with FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000).

QUANTITIES

The quantities shown for all Contract Line Item Numbers (CLIN’s) in the Schedule of Supplies and Services reflect the estimated quantities to be ordered for the Base and each Option Year.

BLOCKS 25 AND 26

Accounting and Appropriation Data and the total dollar amount, shall be included on each individually funded task order.

ADDENDUM TO SF 1449 - BLOCK 20

SCHEDULE OF SUPPLIES/SERVICES

BASE YEAR

(includes shipping)

0001b Additional Fuel Shipping Mailers 10 Each $________ $_________ (includes shipping)

Fuel Sample Kit including shipping to each of the following geographical regions in North America (SOW Section 3.2):

BASE YEAR

0002k Middle East Area 1 Each $_________ $_________

0002l Asia 1 Each $_________ $_________

0002m South Pacific 1 Each $_________ $_________

0003 Test Slate 2 (SOW Sections 3.4.3 and 3.4.3.2) 80 Each $_________ $_________

0004 Test Slate 3 (SOW Sections 3.4.3 and 3.4.3.3) 60 Each $_________ $_________

0005 Test Slate 4 (SOW Sections 3.4.4 and 3.4.4.1) 700 Each $_________ $_________

0007 MGO Fuel Sample Report (SOW Section 3.4.8) 1 Lot *NSP *NSP

0008 Aviation Fuel Sample Report (SOW Section 3.4.9) 1 Lot *NSP *NSP

0009 Online Database (SOW Section 3.4.12) 1 Lot *NSP *NSP

Base Year Total: _________________

*Not Separately Priced (NSP)

FIRST OPTION YEAR

1001 Fuel Sample Kit (SOW Section 3.1) 1 Each $________ $_________

1001a Additional Fuel Sample Bottles 10 Each $________ $_________ (includes shipping)

1001b Additional Fuel Shipping Mailers 10 Each $________ $_________ (includes shipping)

Fuel Sample Kit including shipping to each of the following geographical regions in North America (SOW Section 3.2):

1001c Continental United States 30 Each $_________ $_________

1001d Alaska 4 Each $_________ $_________

1001e Hawaii 4 Each $_________ $_________

1001f Puerto Rico 3 Each $_________ $_________

1002a North America – Canada 1 Each $_________ $_________

1002b North America – Continental United States 120 Each $_________ $_________

1002c North America – Alaska 10 Each $_________ $_________

1002d North America – Hawaii 10 Each $_________ $_________

1002e North America – Mexico 5 Each $_________ $_________

FIRST OPTION YEAR

1002f Greater Antilles 10 Each $_________ $_________

1002g Lesser Antilles 10 Each $_________ $_________

1002h Central America 10 Each $_________ $_________

1002i South America 5 Each $_________ $_________

1002j Europe 5 Each $_________ $_________

1002k Middle East Area 5 Each $_________ $_________

1002l Asia 5 Each $_________ $_________

1002m South Pacific 5 Each $_________ $_________

1003 Test Slate 2 (SOW Sections 3.4.3 and 3.4.3.2) 80 Each $_________ $_________

1004 Test Slate 3 (SOW Sections 3.4.3 and 3.4.3.3) 60 Each $_________ $_________

1005 Test Slate 4 (SOW Sections 3.4.4 and 3.4.4.1) 700 Each $_________ $_________

1007 MGO Fuel Sample Report (SOW Section 3.4.8) 1 Lot *NSP *NSP

1008 Aviation Fuel Sample Report (SOW Section 3.4.9) 1 Lot *NSP *NSP

1009 Online Database (SOW Section 3.4.12) 1 Lot *NSP *NSP

First Option Year Total: _________________

SECOND OPTION YEAR

2001 Fuel Sample Kit (SOW Section 3.1) 1 Each $________ $_________

2001a Additional Fuel Sample Bottles 10 Each $________ $_________ (includes shipping)

2001b Additional Fuel Shipping Mailers 10 Each $________ $_________ (includes shipping)

Fuel Sample Kit including shipping to each of the following geographical regions in North America (SOW Section 3.2):

2001c Continental United States 30 Each $_________ $_________

2001d Alaska 4 Each $_________ $_________

2001e Hawaii 4 Each $_________ $_________

2001f Puerto Rico 3 Each $_________ $_________

2002a North America – Canada 1 Each $_________ $_________

2002b North America – Continental United States 120 Each $_________ $_________

2002c North America – Alaska 10 Each $_________ $_________

2002d North America – Hawaii 10 Each $_________ $_________

2002e North America – Mexico 5 Each $_________ $_________

SECOND OPTION YEAR

2002f Greater Antilles 10 Each $_________ $_________

2002g Lesser Antilles 10 Each $_________ $_________

2002h Central America 10 Each $_________ $_________

2002i South America 5 Each $_________ $_________

2002j Europe 1 Each $_________ $_________

2002k Middle East Area 1 Each $_________ $_________

2002l Asia 1 Each $_________ $_________

2002m South Pacific 1 Each $_________ $_________

2003 Test Slate 2 (SOW Sections 3.4.3 and 3.4.3.2) 80 Each $_________ $_________

2004 Test Slate 3 (SOW Sections 3.4.3 and 3.4.3.3) 60 Each $_________ $_________

2005 Test Slate 4 (SOW Sections 3.4.4 and 3.4.4.1) 700 Each $_________ $_________

2007 MGO Fuel Sample Report (SOW Section 3.4.8) 1 Lot *NSP *NSP

2008 Aviation Fuel Sample Report (SOW Section 3.4.9) 1 Lot *NSP *NSP

2009 Online Database (SOW Section 3.4.12) 1 Lot *NSP *NSP

Second Option Year Total: _________________

THIRD OPTION YEAR

3001 Fuel Sample Kit (SOW Section 3.1) 1 Each $________ $_________

3001a Additional Fuel Sample Bottles 10 Each $________ $_________ (includes shipping)

3001b Additional Fuel Shipping Mailers 10 Each $________ $_________ (includes shipping)

Fuel Sample Kit including shipping to each of the following geographical regions in North America (SOW Section 3.2):

3001c Continental United States 30 Each $_________ $_________

3001d Alaska 4 Each $_________ $_________

3001e Hawaii 4 Each $_________ $_________

3001f Puerto Rico 3 Each $_________ $_________

3002a North America – Canada 1 Each $_________ $_________

3002b North America – Continental United States 120 Each $_________ $_________

3002c North America – Alaska 10 Each $_________ $_________

3002d North America – Hawaii 10 Each $_________ $_________

3002e North America – Mexico 5 Each $_________ $_________

THIRD OPTION YEAR

3002f Greater Antilles 10 Each $_________ $_________

3002g Lesser Antilles 10 Each $_________ $_________

3002h Central America 10 Each $_________ $_________

3002i South America 5 Each $_________ $_________

3002j Europe 1 Each $_________ $_________

3002k Middle East Area 1 Each $_________ $_________

3002l Asia 1 Each $_________ $_________

0002m South Pacific 1 Each $_________ $_________

3003 Test Slate 2 (SOW Sections 3.4.3 and 3.4.3.2) 80 Each $_________ $_________

3004 Test Slate 3 (SOW Sections 3.4.3 and 3.4.3.3) 60 Each $_________ $_________

3005 Test Slate 4 (SOW Sections 3.4.4 and 3.4.4.1) 700 Each $_________ $_________

3007 MGO Fuel Sample Report (SOW Section 3.4.8) 1 Lot *NSP *NSP

3008 Aviation Fuel Sample Report (SOW Section 3.4.9) 1 Lot *NSP *NSP

3009 Online Database (SOW Section 3.4.12) 1 Lot *NSP *NSP

Third Option Year Total: _________________

FOURTH OPTION YEAR

4001 Fuel Sample Kit (SOW Section 3.1) 1 Each $________ $_________

4001a Additional Fuel Sample Bottles 10 Each $________ $_________ (includes shipping)

4001b Additional Fuel Shipping Mailers 10 Each $________ $_________ (includes shipping)

Fuel Sample Kit including shipping to each of the following geographical regions in North America (SOW Section 3.2):

4001c Continental United States 30 Each $_________ $_________

4001d Alaska 4 Each $_________ $_________

4001e Hawaii 4 Each $_________ $_________

4001f Puerto Rico 3 Each $_________ $_________

4002a North America – Canada 1 Each $_________ $_________

4002b North America – Continental United States 120 Each $_________ $_________

4002c North America – Alaska 10 Each $_________ $_________

4002d North America – Hawaii 10 Each $_________ $_________

4002e North America – Mexico 5 Each $_________ $_________

FOURTH OPTION YEAR

4002f Greater Antilles 10 Each $_________ $_________

4002g Lesser Antilles 10 Each $_________ $_________

4002h Central America 10 Each $_________ $_________

4002i South America 5 Each $_________ $_________

4002j Europe 1 Each $_________ $_________

4002k Middle East Area 1 Each $_________ $_________

4002l Asia 1 Each $_________ $_________

4002m South Pacific 1 Each $_________ $_________

4003 Test Slate 2 (SOW Sections 3.4.3 and 3.4.3.2) 80 Each $_________ $_________

4004 Test Slate 3 (SOW Sections 3.4.3 and 3.4.3.3) 60 Each $_________ $_________

4005 Test Slate 4 (SOW Sections 3.4.4 and 3.4.4.1) 700 Each $_________ $_________

4007 MGO Fuel Sample Report (SOW Section 3.4.8) 1 Lot *NSP *NSP

4008 Aviation Fuel Sample Report (SOW Section 3.4.9) 1 Lot *NSP *NSP

4009 Online Database (SOW Section 3.4.12) 1 Lot *NSP *NSP

4th Option Year Total: _________________

Base + Four (4) Option Year Total: ______________

DELIVERIES OR PERFORMANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1988)

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 http://farsite.hill.af.mil/

NUMBER TITLE DATE

FAR 52.211-8 TIME OF DELIVERY (JUNE 1997)(ALT. I, APR 1984)

a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

ITEM QTY WITHIN DAYS AFTER……

The Government will evaluate equally, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above may be considered unacceptable and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

ITEM QTY WITHIN DAYS AFTER……

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer may be determined unacceptable and may be rejected.

CLIN 0007 – 4007 – MGO FUEL SAMPLE REPORT

All reports ordered under this contract shall be emailed to the following address:

Julianne.Berens@uscg.mil and D05-DG-SFLC-ESD-NAME-MainProp-FuelAnalysis@uscg.mil Engineering Services Division 707 E. Ordnance Road Baltimore, MD 21226-5000

CLIN 0008 – 4008 – AVIATION FUEL SAMPLE REPORT

All reports ordered under this contract shall be emailed to the following address:

D05-SMB-AVIATION-FUEL-SURVEILLANCE-PROGRAM@USCG.MIL

CONTRACT ADMINISTRATION DATA

ADDRESS OF CORRESPONDENCE

All correspondence, except as otherwise specified, shall be delivered to the following address:

CONTRACT ADMINISTRATION

The Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, Carol Dreszer, shall be the Contract Administrator for this contract.

INVOICING REQUIREMENTS – FIRM-FIXED PRICE CONTRACTS

Electronic submission of invoices is mandatory for this contract.

1. The Contractor shall prepare a proper invoice in accordance with FAR clause 52.212-4(g). All invoices shall be itemized to correlate to the Schedule of Supplies/Services.

All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment.

Invoices must include the following information:

· Name and address of the Contractor (the name on the invoice must match the name listed on the Order)

· Invoice date and number

· Contract number and Contract Line Item Numbers (CLINs)

· Period of Performance covered by the invoice

· Terms of any discount for prompt payment offered

· Name and address of official to whom payment is to be sent

· Name, title, phone number, and e-mail address of person to notify in event of defective invoice

· Taxpayer Identification Number (TIN) and DUNS Number

2. The Contractor shall forward invoices via e-mail to the Contracting Officer’s Representative (COR).

3. The COR shall review and verify invoices, sign the invoice and return the invoice to the Contractor.

4. The Contractor shall complete the Contractor Invoice Submission Form (sample attached).

5. The Contractor shall submit the Contractor Invoice Submission Form, a PDF file of the invoice, and any necessary documents for supplies or services via the U.S. Coast Guard Finance Center website at: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

Contractor Invoice Submission Form Directions: Please complete as much information as possible. All blocks in red text are required entries.

Note: Web-Invoices are accepted only for Coast Guard Contracts over the Simplified Acquisition Threshold (Document Type 24).

THIS WEB FORM IS NOT AN OFFICIAL INVOICE. THE OFFICIAL INVOICE MUST BE ATTACHED

Invoice Information

Discount Days: Net Days: (help)

Company Name: (help)

DUNS: Plus 4: (help)

Point of Contact Name: (help)

Point of Contact Email: (help)

Phone: (help) Fax: (help)

Please verify your entry on the next page. Attach invoice and any supporting documentation after verification.

· Attachment must be a single PDF file no larger than 3 MB. Grey-scale PDFs are not compatible. This will be our official invoice. Supporting documentation must be combined in the single PDF file or submitted to your contracting office separately via email.

· Need help creating a PDF file? Click here for instructions.

Bottom of Form

6. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this contract is SFLC-3.

7. Visit the U.S. Coast Guard Finance Center Website for instructions regarding invoice attachments. http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

8. A copy of the invoice and any supporting documentation shall also be e-mailed to carol.l.dreszer@uscg.mil .

Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. The Contractor is encouraged to assign an identification number to each invoice.

To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe .pdf formatted file. A maximum of approximately ninety-nine (99) .pdf pages may be submitted at a time.

In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received on the latter of:

a. For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

b. The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

c. time of receipt.

70Z04019Q61350 d.

i. The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

ii. A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

e. On the date placed on the invoice by the contractor, if/when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

f. On the date of delivery, if/when the contract specifies that the delivery ticket may serve as an invoice.

Web based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.

Payment inquiries and status may be obtained at the following website: https://www.fincen.uscg.mil/secure/payment.htm

The Data Universal Numbering System (DUNS) number is the primary identifier in System for Award Management (SAM), formally known as Central Contractor Registration (CCR), (see FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)). Contractors are located and identified in SAM by their DUNS number. Therefore, to facilitate payment, the DUNS number shall be recorded on every invoice submitted to the U.S. Coast Guard.

CONTRACTING OFFICER’S AUTHORITY

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the name of the COR and the authorities and limitations of the COR under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

ANNUAL SUBCONTRACT REPORTS

The Contractor is hereby required to submit the Standard Form (SF) 294 – Subcontracting Report for Individual Contracts and/or SF 295 – Summary Subcontract Report, forms electronically by 30 September of each calendar year. Contractors are required to register online and submit their information at www.esrs.gov .

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice.

TELEPHONE NUMBER: __________________

EMAIL ADDRESS: ________________________

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2018)

FAR 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 http://farsite.hill.af.mil

NUMBER TITLE DATE

52.232-40 Providing Accelerated Payments to Small Business Subcontracts DEC 2013

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer, U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, and shall not be binding until so approved.

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award through the period of sixty (60) months.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $ 300.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor –

(1) Any order for a single item in excess of $10,000,000.;

(2) Any order for a combination of items in excess of $100,000.; or

(3) A series of orders from the same ordering office within THIRTY (30) calendar days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 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 contract expiration.

FAR 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 ONE (1) calendar day prior to the expiration of this contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 five (5) years.

FAR 52.203-17, CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEPT 2013)(DHS-USCG DEVIATION 14-01)

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

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

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

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

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

FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond the Base Year. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the Base Year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

CONTRACTOR PERFORMANCE EVALUATION

Contractor Performance Assessment Report (CPAR) USCG SFLC Flash 10-16 (SEP 30, 2010)

(a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 30 days to respond to the SLFC’s assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system.

(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.

HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)

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

(b) Clauses.

X 3052.215-70 Key Personnel or Facilities.

_X_ 3052.219-70 Small Business Subcontracting Plan Reporting.

_X_ 3052.242.71 Dissemination of Contract Information _X 3052.242-72 Contracting Officer’s Technical Representative.

_X_ 3052.247-72 F.O.B. Destination Only.

HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

(a) Prohibitions.

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

(b) Definitions. As used in this clause:

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

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

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

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

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

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

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

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

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

(d) 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 of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

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

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

(e) Treatment of Certain Rights.

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

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

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

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

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

FAR 52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

(MAY 2019)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

_x__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_x__(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

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

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

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

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

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

___ (v) Alternate IV (Aug 2018) of 52.219-9.

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

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_x_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

_x_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

_x_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

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

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

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

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_x_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment…