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70Z04019Q61454B00

ADDENDUM TO STANDARD FORM 1449

SCHEDULE OF SUPPLIES/SERVICES

BACKGROUND

The purpose of this contract is to acquire Recovered Energy Oily Water Separator systems, P/N BOSS 2.2- T/107, for the remaining 225’ WLB Coast Guard cutters schedule for their Mid-Life Maintenance Availability (MMA). Substitute part numbers shall not be accepted.

PERFORMANCE PERIOD

The period of performance for this contract will be:

Base Period November 8, 2019 – November 7, 2020 First Option Period November 8, 2020 – November 7, 2021 Second Option Period November 8, 2021 – November 7, 2022 Third Option Period November 8, 2022 – November 7, 2023 Fourth Option Period November 8, 2023 – November 7, 2024

TYPE OF CONTRACT

The solicitation will result in the award of one (1) fixed price Requirements contract consisting of one (1) 12-month base period and four (4) 12-month option periods. A Requirements contract is defined in Federal Acquisition Regulation (FAR) Clause 52.216-21, Requirements, as stated on page 17.

ORDERING

a. All parts and services shall be ordered by the issuance of individual delivery orders. Refer to FAR Clause 52.216-18, Ordering, as stated on page 16

b. Any Coast Guard warranted Contracting Officer is authorized to issue orders under this contract.

OPTIONS

Each option extending the term of this contract shall be for a period of 12-months from the effective date of each option, if exercised.

QUANTITIES

The quantities shown for all CLINS reflect estimated quantities only.

WAGE RATE DETERMINATION

Wage Rate Determination Number 2015-4265, Revision 11, dated 7/16/2019, applies to the service CLINs and is hereby incorporated into this contract. A new wage rate determination shall be requested if and when each option period is exercised.

BASE YEAR PERIOD

CLIN/DESCRIPTION

0001 Stock Number 4330-01-F13-3461, Oily Water Separator, Recovered Energy P/N Boss 107, Model Number 2.2T/107YM, to be manufactured, preserved, packaged, packed, and marked in accordance with Attachment 1.

Est. Quantity 2 Each at $__________ = $____________

0002 Stock Number 4330-01-F13-3491, Onboard Repair Parts Kit, Recovered Energy P/N BOSS 2.2T-107, to be preserved, packaged, packed, and marked in accordance with Attachment 1.

0003 TECHNICAL REPRESENTATIVE SERVICES - The Contractor shall provide Technical Representative Services as requested by the Government in accordance with Section 2.1.2 of the Specification to support set-up, testing, commissioning, light-off, and adjustment for optimum performance of each Oily Water Separator. Services shall consists of one (1) Engineer for two (2) 8-hour days.

0004 TRAINING - The Contractor shall provide one (1) Technical Representative to provide system training in accordance with Section 2.1.1 of the Specification. Training shall consist of two (2) 8-hour days; one (1) day of class training and one (1) day of hands on training.

0005 TRAVEL - At the order level, a travel quote will be requested and a fixed price will be negotiated based on current Federal travel per diem rates.

SYSTEM STOCK PARTS

0006 Stock Number 4330-01-591-9573, Media, Separator, Coalescing, P/N VS-CM-02Y.

0007 Stock Number 5330-01-591-9580, Gasket, P/N VS-G02D.

Est. Quantity 6 Each at $__________ = $____________

0008 Stock Number 1377-01-591-9283, Filter, Sediment, Cartridge, STD 20”, P/N PV-SC20.

Est. Quantity 14 Each at $__________ = $____________

TOTAL BASE YEAR PERIOD $_______________________

FIRST OPTION PERIOD

1001 Stock Number 4330-01-F13-3461, Oily Water Separator, Recovered Energy P/N Boss 107, Model Number 2.2T/107YM, to be manufactured, preserved, packaged, packed, and marked in accordance with Attachment 1.

1002 Stock Number 4330-01-F13-3491, Onboard Repair Parts Kit, Recovered Energy P/N BOSS 2.2T-107, to be

1003 TECHNICAL REPRESENTATIVE SERVICES - The Contractor shall provide Technical Representative Services as requested by the Government in accordance with Section 2.1.2 of the Specification to support set-up, testing, commissioning, light-off, and adjustment for optimum performance of each Oily Water Separator. Services shall consists

1004 TRAINING - The Contractor shall provide one (1) Technical Representative to provide system training in accordance with Section 2.1.1 of the Specification. Training shall consist of two (2) 8-hour days; one (1) day of class

1005 TRAVEL - At the order level, a travel quote will be requested and a fixed price will be negotiated based on

1006 Stock Number 4330-01-591-9573, Media, Separator, Coalescing, P/N VS-CM-02Y.

1007 Stock Number 5330-01-591-9580, Gasket, P/N VS-G02D.

Est. Quantity 8 Each at $__________ = $____________

1008 Stock Number 1377-01-591-9283, Filter, Sediment, Cartridge, STD 20”, P/N PV-SC20.

Est. Quantity 8 Each at $__________ = $____________

TOTAL FIRST OPTION PERIOD $_______________________

SECOND OPTION PERIOD

2001 Stock Number 4330-01-F13-3461, Oily Water Separator, Recovered Energy P/N Boss 107, Model Number 2.2T/107YM, to be manufactured, preserved, packaged, packed, and marked in accordance with Attachment 1.

Est. Quantity 3 Each at $__________ = $____________

2002 Stock Number 4330-01-F13-3491, Onboard Repair Parts Kit, Recovered Energy P/N BOSS 2.2T-107, to be

2003 TECHNICAL REPRESENTATIVE SERVICES - The Contractor shall provide Technical Representative Services as requested by the Government in accordance with Section 2.1.2 of the Specification to support set-up, testing, commissioning, light-off, and adjustment for optimum performance of each Oily Water Separator. Services shall consists

2004 TRAINING - The Contractor shall provide one (1) Technical Representative to provide system training in accordance with Section 2.1.1 of the Specification. Training shall consist of two (2) 8-hour days; one (1) day of class

2005 TRAVEL - At the order level, a travel quote will be requested and a fixed price will be negotiated based on

2006 Stock Number 4330-01-591-9573, Media, Separator, Coalescing, P/N VS-CM-02Y.

2007 Stock Number 5330-01-591-9580, Gasket, P/N VS-G02D.

Est. Quantity 10 Each at $__________ = $____________

2008 Stock Number 1377-01-591-9283, Filter, Sediment, Cartridge, STD 20”, P/N PV-SC20.

Est. Quantity 10 Each at $__________ = $____________

TOTAL SECOND OPTION PERIOD $_______________________

THIRD OPTION PERIOD

3003 TECHNICAL REPRESENTATIVE SERVICES - The Contractor shall provide Technical Representative Services as requested by the Government in accordance with Section 2.1.2 of the Specification to support set-up, testing, commissioning, light-off, and adjustment for optimum performance of each Oily Water Separator. Services shall consists

3004 TRAINING - The Contractor shall provide one (1) Technical Representative to provide system training in accordance with Section 2.1.1 of the Specification. Training shall consist of two (2) 8-hour days; one (1) day of class

3005 TRAVEL - At the order level, a travel quote will be requested and a fixed price will be negotiated based on

3006 Stock Number 4330-01-591-9573, Media, Separator, Coalescing, P/N VS-CM-02Y.

3007 Stock Number 5330-01-591-9580, Gasket, P/N VS-G02D.

Est. Quantity 12 Each at $__________ = $____________

3008 Stock Number 1377-01-591-9283, Filter, Sediment, Cartridge, STD 20”, P/N PV-SC20.

Est. Quantity 12 Each at $__________ = $____________

TOTAL THIRD OPTION PERIOD $_______________________

FOURTH OPTION PERIOD

4003 TECHNICAL REPRESENTATIVE SERVICES - The Contractor shall provide Technical Representative Services as requested by the Government in accordance with Section 2.1.2 of the Specification to support set-up, testing, commissioning, light-off, and adjustment for optimum performance of each Oily Water Separator. Services shall consists

4004 TRAINING - The Contractor shall provide one (1) Technical Representative to provide system training in accordance with Section 2.1.1 of the Specification. Training shall consist of two (2) 8-hour days; one (1) day of class

4005 TRAVEL - At the order level, a travel quote will be requested and a fixed price will be negotiated based on

4006 Stock Number 4330-01-591-9573, Media, Separator, Coalescing, P/N VS-CM-02Y.

4007 Stock Number 5330-01-591-9580, Gasket, P/N VS-G02D.

4008 Stock Number 1377-01-591-9283, Filter, Sediment, Cartridge, STD 20”, P/N PV-SC20.

TOTAL FOURTH OPTION PERIOD $_______________________

DELIVERIES OR PERFORMANCE

PRESERVATION, PACKAGING, AND MARKING

Each part delivered under this contract shall be individually preserved, packaged, and marked in accordance with Surface Forces Logistics Center (SFLC) Specification Number D-084-0481. Equipment unit material shall be packed in an enclosed wood or metal shipping container meeting ASTM D3951 or better. Shipping containers shall be suitable for handling with a forklift truck or crane. Any loose components intended for use during installation shall be packaged together, labeled for their intended use, and packaged within the equipment unit container.

Each container shall be marked, in legible black lettering, with the following information:

Stock Number Item Name Part Number Gross Weight Contract Number Delivery Order Number Quantity and Unit of Issue Condition “A” U.S. Coast Guard SFLC Material

All shipping containers shall have a bar code label in accordance with SFLC Specification Number D-000- 0100-H.

PACKING LIST

All material shipped or delivered to the U.S. Coast Guard Surface Forces Logistics Center under this contract must be accompanied by an itemized packing list that clearly identifies all contents within the container including stock number, item name, part number, contract number, delivery order number, and quantity of unit of issue.

MARKING OF WARRANTED ITEMS

The contactor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of the warranty. Markings may be brief but should include (i) a brief statement that a warranty exists;

(ii) the substance of the warranty; (iii) its duration; and (iv) whom to notify if the supplies are found to be defective. For commercial items, the contractor’s trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies.

NOTE

Failure to prepare for shipment any item, and/or mark all packages, boxes, etc., as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor’s expense.

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 www.acquisition.gov.

NUMBER TITLE DATE

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

FAR 52.211-8 TIME OF DELIVERY (JUNE 1997)

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

REQUIRED DELIVERY SCHEDULE

CLIN DESCRIPTION EST. QTY. WITHIN DAYS AFTER…..

0001, 1001, Oily Water Separator System 2 Each 24 weeks after receipt of each individual delivery order

0002, 1002, Onboard Repair Parts Kit 2 Each 24 weeks after receipt of each individual

0003, 1003, 2003, 3003, Technical Representative Services – Installation and Commissioning

As stated in the Schedule

To be scheduled at the time each individual task order is released

0004, 1004, 2004, 3004, Training

To be scheduled at the time each individual task order is released

0006,1006, 2006, 3006, Media, Separator, Coaslescing As stated in

30 calendar days after receipt of each individual delivery order

0007, 1007, 2007, 3007, Gasket As stated in

0008, 1008, 2008, 3008, Filter, Sediment, Cartridge As stated in

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, will be considered nonresponsive and 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.

http://www.acquisition.gov/

OFFEROR’S PROPOSED DELIVERY SCHEDULE

CLIN DESCRIPTION EST. QTY. WITHIN DAYS AFTER…..

0001, 1001, Oily Water Separator System 2 Each ___ weeks after receipt of each individual

0002, 1002, Onboard Repair Parts Kit 2 Each ___ weeks after receipt of each individual

0003, 1003, 2003, 3003, Installation and Commissioning

To be scheduled at the time each individual task order is released

0004, 1004, 2004, 3004, Training

To be scheduled at the time each individual task order is released

0006, 1006, 2006, 3006, Media, Separator, Coaslescing As stated in

___ calendar days after receipt of each

0007, 1007, 2007, 3007, Gasket As stated in

0008, 1008, 2008, 3008, Filter, Sediment, Cartridge As stated in

(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 will be considered nonresponsive and rejected.

PLACE OF DELIVERY – DESTINATION

(A) All parts shall be delivered to the following address:

U.S. Coast Guard Surface Forces Logistics Center Receiving Room, Bldg. 88 2401 Hawkins Point Road Baltimore, MD 21226-5000 M/F: Contract Number: {To be furnished at the time of award} Delivery Order Number: {To be furnished with each individual delivery order}

NOTE: Warehouse hours are Monday-Friday, excluding Federal holidays, during the hours of 7:00 AM to 1:00

PM.

INSPECTION AND ACCEPTANCE

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 www.acquisition.gov.

NUMBER TITLE DATE

52.246-16 Responsibility for Supplies APR 1984

U.S. COAST GUARD INSPECTION AND ACCEPTANCE (DESTINATION)

The Contractor shall be responsible for the performance of all inspection requirements. Final acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to preservation, packaging, packing, and marking requirements.

FAR 52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government’s right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor’s signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor’s expense.

(d) The certificate shall read as follows:

I certify that on ______ [insert date], the ____ [insert Contractor’s name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: _____________________________

Signature: _____________________________________

Title: _________________________________________

CONTRACT ADMINISTRATION DATA

INVOICE SUBMISSION PROCESS

All information set forth in FAR Clause 52.212-4(g) must be included in an invoice for it to constitute a proper invoice.

An original invoice shall be submitted to the following designated payment office:

U.S. Coast Guard P.O. Box 4122 Chesapeake, VA 23327-4122 M/F: Contract Number: {To be furnished at the time of award} Delivery Order Number: {To be furnished with each individual delivery order

Failure to submit invoices directly to this office will delay prompt payment of your invoice. A copy of any invoice submitted for payment must also be forwarded to the Contracting Officer clearly marked “Information only.”

**NOTE: Contractor's may submit invoices by email via:

https://www.fincen.uscg.mil/secure/web_invoices.htm

Each invoice shall contain the following information to ensure proper processing:

Name and address of the Contractor (the name on the invoice must match the name on the delivery/task order)

Contract Number, Delivery/Task Order Number Invoice Number and Invoice Date Contract Line Item Number(s) Description of supplies delivered or services performed

Period of performance if billing for services Terms of any discount for prompt payment, if offered Name and address of official to who payment is to be sent Name, title, phone number, and email address of person to notify in event of defective invoice Taxpayer Identification Number DUNS Number Name of the Contract Specialist and Contracting Officer’s Indicate Small Business Status Notification of final invoice, if applicable

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 time of receipt.

b. 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

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

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;

d. 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

e. 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.

For inquiries and payment status please visit: http://www.fincen.uscg.mil/electron.htm.

http://www.fincen.uscg.mil/electron.htm

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.

Name:

Title:

Address:

Telephone Number:

Email Address:

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 may 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.

CONTRACTOR PERFORMANCE EVALUATION

(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 may 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 at https://www.cpars.gov/index.htm.

(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.

(D) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the Contractor.

PRIME CONTRACTOR REPRESENTATIVE:

Name: __________________________ Email: __________________________ Telephone: ______________________

ALTERNATE CONTRACTOR REPRESENTATIVE:

Name: __________________________ Email: __________________________ Telephone: ______________________

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (OCT 2018)

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 www.acquisition.gov.

NUMBER TITLE DATE

52.203-3 Gratuities APR 1984 52.203-12 Limitation on Payment to Influence Certain Federal

Transactions OCT 2010 52.202-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 http://www.cpars.gov/index.htm

CONTRACT APPROVAL

This contract is subject to the written approval of the C&P3 Section Chief, U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, and shall not be binding until so approved.

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies or 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 effective date of contract award through a period of sixty 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.

(d) 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 the last day of one year from the effective award date; or the last day of any subsequent option periods, if exercised by the government.

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 $500.00, 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 the estimated quantities identified in the Schedule.

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule.

(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 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 requirements 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.

52.216-21 – REQUIREMENTS (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 eighteen (18) months after the conrtact expiration date.

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 thirty (30) calendar days prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar 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 sixty (60) months.

FAR 52.203-17, CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENTS

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)(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.

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:

Provisions.

_____ 3052.209-72 Organizational Conflicts of Interest.

_____ 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.

Clauses.

_____ 3052.203-70 Instructions for Contractor Disclosure of Violations.

_____ 3052.204-70 Security Requirements for Unclassified Information Technology Resources.

__X_ 3052.204-71 Contractor Employee Access.

_____ Alternate I __X__ 3052.205-70 Advertisement, Publicizing Awards, and Releases.

_____ 3052.209-73 Limitation on Future Contracting.

_____ 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) _____ 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) _____ 3052.217-100 Guarantee. (USCG) _____ 3052.219-70 Small Business Subcontracting Plan Reporting.

_____ 3052.219-71 DHS Mentor Protégé Program.

__X___ 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.

_____ 3052.247-70 F.o.B. Origin Information.

_____ Alternate I _____ Alternate II

_____ 3052.247-71 F.o.B. Origin Only.

__X___ 3052.242-72 Contracting Officer’s Technical Representative __X___ 3052.247-72 F.o.B. Destination Only.

REQUIRED INSURANCE

The Contractor shall, at its own expense, procure and maintain the following kinds of insurance with respect to performance under the contract. In accordance with HSAR 3052.228-70, Insurance (DEC 2003), the Contractor shall furnish the Contracting Officer with proof of insurance for the duration of the contract, including:

1. Ship Repairer's Liability - $500,000 per occurrence.

2. Comprehensive General Liability - $500,000 per occurrence.

3. Full insurance coverage in accordance with the United States’ Longshoremen's and Harbor Worker's Act.

4. Full insurance coverage in accordance with the State's Workmen's Compensation Law (or its equivalent) for all places of performance under this contract.

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.

(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 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:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(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 3009.108-7001 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 proposal.

HSAR 3052.223-90 ACCIDENT AND FIRE REPORTING (DEC 2003)

(a) The Contractor shall report to the Contracting Officer any accident or fire occurring at the site of the work that causes:

(1) A fatality or the loss as much as of at least one lost workday on the part of any employee of the Contractor or subcontractor at any tier;

(2) Damage of $1,000 or more to Federal real or personal property; either real or personal;

(3) Damage of $1,000 or more to Contractor or subcontractor owned or leased motor vehicles or mobile equipment; or

(4) Damage for which a contract time extension may be requested.

(b) Accident and fire reports required by paragraph (a) above shall be accomplished by the following means:

(1) Accidents or fires resulting in a death, hospitalization of five or more persons, or destruction of Federal real or personal property, the total value of which is estimated at $100,000 or more, shall be reported immediately by telephone to the Contracting Officer or his/her authorized representative and shall be confirmed by telegram, facsimile or e - mail transmission within 24 hours to the Contracting Officer. Such telegram or facsimile transmission shall state all known facts as to extent of injury and damage and as to cause of the accident or fire.

(2) Other accident and fire reports required by paragraph (a) above may be reported by the Contractor using a state, private insurance carrier, or Contractor accident report form which provides for the statement of:

(i) The extent of injury; and

(ii) The damage and cause of the accident or fire.

Such report shall be mailed or otherwise delivered to the Contracting Officer within 48 hours of the occurrence of the accident or fire.

(c) The Contractor shall assure compliance by subcontractors at all tiers with the requirements of this clause.

HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012)

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(g) Each individual employed under the contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by a Permanent Resident Card (USCIS I-551). Any exceptions must be approved by the Department’s Chief Security Officer or designee.

(h) Contractors shall identify in their proposals, the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the contracting officer.

THE FOLLOWING APPLIES TO ONSITE TECHNICAL REPRESENTATIVE SUPPORT ONLY

EMPLOYEE CONDUCT

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance and integrity and shall be responsible for taking such disciplinary action with respect to their employees as may be necessary. The Contractor's employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, flag officer courtesy, "off limits" areas, wearing of parts of military uniforms, and possession of firearms) when visiting or working at Government facilities. The Contractor shall ensure contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States, the Department of Homeland Security or the U.S. Coast Guard.

REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY

The Government may, at its sole discretion, require the Contractor to remove any contractor employee from Coast Guard facilities for misconduct or security reasons. The Contracting Officer will provide the Contractor with an immediate written rationale for removing the Contractor employee. A Government request to remove a specific Contractor employee does not relieve the Contractor of the responsibility to provide sufficient qualified personnel for timely and adequate service.

EMPLOYEE IDENTIFICATION

During the performance of this contract, the rights of ingress and egress to and from any office for Contractor’s personnel shall be made available as deemed necessary by the Government.