DRAFT-70Z04419D19005000.pdf

70Z04419R19005000

Department of Homeland Security

Request For Proposal (RFP)

Environmental Data Services

Issued by:

Department of Homeland Security (DHS)

United States Coast Guard Command, Control, and Communications Engineering Center (C3CEN)

Command, Control, Communications, Computers and Information Technology Service Center (C4IT-SC)

4000 Coast Guard Boulevard Portsmouth, VA 23703

Proposal Due Date/Time: TBD at 12:00 PM EST

CGAP CHAPER 3033 Appendix B March 2014

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 of 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.

(End of notice)

C4IT Combined Synopsis and Solicitation Notice Information

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This acquisition is being conducted as unrestricted for commercial items or services prepared in accordance with FAR Part 12. FAR Part 13.5, Simplified Procedures Certain Commercial Items, will be followed for this requirement.

II. Solicitation number is 70Z04419R19005000 and is being issued as a Request for Proposal

(RFP).

III. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular {2019-01, effective 122018}. See http://farsite.hill.af.mil/vffara.htm for this information.

IV. The associated NAICS code is 518210 and this procurement:

is not being set-aside for small businesses.

is being set-aside for small businesses. The small business size standard is $27,500,000.

V. The United Stated Coast Guard (USCG), Command, Control, Communications, Computers and Information Technology (C4IT) Service-Center, Contracting and Procurement Division (CPD) - Command Control Communications Engineering Center (C3CEN) has a requirement for Environmental Data Services for the USCG’s Search and Rescue Optimal Planning System (SAROPS) described in Attachment 1, IDIQ PWS and Attachment 2, Task Order 1 PWS.

VI. The Government intends to award a single Indefinite Delivery- Indefinite Quantity (IDIQ) contract with Firm-Fixed-Price (FFP) Task Orders (TOs) for an ordering period of five (5) years.

VII. The contract ordering period is five (5) years (60 months) from date of award. If necessary, the ordering period can be extended up to an additional six (6) months utilizing FAR Clause 52.217-8, Option to Extend Services. Place of performance shall be specified in individual task orders. FOB point shall be specified on individual task orders.

VIII. The provision at FAR 52.212-1, Instructions to Offerors – Commercial Items (DEVIATION 2018-O0018)(Oct 2018) applies to this acquisition.

General Instructions and Proposal Submission

Offerors must respond to all requirements of the solicitation and not alter or rearrange the solicitation. Offerors are advised the Government may incorporate any portions of the Offeror’s proposal into the resulting contract.

In presenting material in the proposal, Offerors are advised that quality of information is more important than quantity. Clarity, brevity, and logical organization shall be emphasized during proposal preparation. Statements that the Offeror makes without supporting information are considered inadequate by the Government, and may result in assessing weaknesses or deficiencies.

Offerors must include any data that illustrates the adequacy of the various assumptions, approaches, and solutions to problems. Failure to address a specific factor clearly may be considered a deficiency. Unnecessarily elaborate brochures or other presentation materials beyond that sufficient to present a complete and effective proposal is neither necessary nor desired.

The Government advises the Offeror that taking exception or deviating from any term or condition of the RFP may result in the assessment of a deficiency to the proposal.

The Government will post all amendments to this solicitation at https://www.fbo.gov. The Offeror shall include in its proposal acknowledgment of all amendments to the solicitation. The term “principal subcontractor” is defined as a subcontractor who provides at least 20% of the proposed total price or cost (excluding the Offeror’s profit or fee) for the contract or who provides one or more Key Personnel. The Offeror shall identify in its offer any principal subcontractors when preparing it offer.

Submit Offers via the following method:

E-Mail to Allyson.N.Jones@uscg.mil (if e-mail attachments are under 10MB ) E-Mail to Heather.M.Wastella@uscg.mil (if e-mail attachments are under 10MB )

Note: Attachments to e-mails should be less than 10MB and USCG policy does not allow receipt of WinZip files via e-mail.

Offerors shall clearly mark all email and attachments with a reference to this solicitation number.

Questions

Offerors may submit questions requesting clarification of the solicitation requirements by emailing the contract specialist at Allyson.N.Jones@uscg.mil and contracting officer at Heather.M.Wastella@uscg.mil. It is required that all questions be received no later than 1600 on

TBD.

Proposal Format

Written proposals must be formatted using Times New Roman 12 pt, singled spaced with 1-inch margins on all four sides, and formatted for standard 8.5” x 11” paper. All pages shall include a ½” header containing: the RFP number; the Offeror’s name; and Volume Title. All pages shall be numbered in the lower right hand corner in a manner that identifies the volume and page number.

Do not use foldout pages. Graphs shall be presented in no smaller than a 10pt font. Drawings may be provided separately and may be any size but should be folded to approximately 8.5” x 11” standard size and will count as 1 page.

Offerors’ proposals shall consist of four volumes. Volume I shall contain Factor 1: Technical Demonstration, Factor 2: Prior Experience, Factor 3: Management Approach, Factor 4: Experience with Environmental Data and Aggregating Models. Volume II shall contain all cost and pricing information. Volume III shall contain Solicitation, Offer, and Certifications/Representation.

Offerors shall assure that no cost or pricing information is included in Volume I.

Offerors’ proposals shall be restricted to the following page limitations: Volume I Technical Demonstration, Prior Experience, Management Approach, Experience with Environmental Data and Aggregating Models to 30 pages, excluding Key Personnel resumes; Volume II Cost or Pricing Information 5 pages. Each volume shall include a title page (not included in the page limitations) that identifies: the RFP number; the Offeror’s name, address, and contact information of the person responsible for submitting the offer. The Government will not evaluate any pages that exceed the identified page limitations. Pages that exceed the page limitations will be returned to the Offeror unevaluated. Proprietary or Business Sensitive Data contained in an Offeror’s proposal must be identified and stamped as such to assure proper handling and protection.

Proposal Content An Offeror shall submit a signed and dated proposal on company letterhead stationery that contains, at a minimum, the following sections and information:

Cover Page/Letter shall include the following at a minimum:

a. Request for Proposal (RFP) number

b. Name, Address, Telephone Number, and DUNS Number of the Offeror

c. Name, Title, Phone Number, and E-mail Address of an Authorized Official of the Offeror

d. If applicable, subcontractor name(s) and DUNS number(s)

e. Business size classification, e.g., large/small business, 8(a) business, etc.

f. A statement specifying the extent of agreement with all terms, conditions, and provisions included in this RFQ.

Submission of offers shall also include:

a. Acknowledgment of Solicitation Amendments

b. A completed copy of the representations and certifications at FAR 52.212-3 ALT 1 (see FAR 52.212-3(b)(OCT 2018) for those representations and certifications that the Offeror shall complete electronically);

c. A statement specifying the extent of agreement with all terms, conditions and provision included in the solicitations. Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

Small Business Subcontracting Plan: Each Large Business Offeror shall provide a Small Business Subcontracting Plan that contains all the elements required by FAR 52.219-9. The Small Business Subcontracting Plan is not a requirement for evaluation in source selection, but rather, a requirement for award to a large business and will be incorporated into any resultant contract.

Period for acceptance of proposals: The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another period is specified in an addendum to the solicitation.

Contract award. The USCG intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the USCG reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The USCG may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

Optional Advisory Down-Select Depending upon the number of offers received, the Government reserves the right to perform an advisory down-select based upon the evaluation of Factor 1, Technical Demonstration, only advising those most highly rated vendors to proceed to Phase 2 (approximately 2-3 vendors per award anticipated).”

Submission of Data Other Than Certified Cost or Pricing Data (FAR 15.403-3). The Government reserves the right to request and require an offeror to submit Data Other Than Certified Cost or Pricing Data (FAR 15.403-3) to use during evaluations and/or support price negotiations.

PIL Project notification:

This acquisition will be conducted under the auspices of the DHS Procurement Innovation Lab (PIL). The PIL is a virtual lab that experiments with innovative techniques for increasing efficiencies in the procurement process and institutionalizing best practices. There is nothing you need to do differently for this requirement. After an award(s), the PIL project team may reach out to successful and unsuccessful offerors to assess effectiveness of the procurement process and the innovative techniques applied. The anonymous feedback will be used to further refine DHS procurement practices. Additional information on the PIL may be found here—www.dhs.gov/pil.

Factor 1: Technical Demonstration

The standard is met when the proposal:

a. Provides a method of access (e.g. a URL or IP address) for an operational EDS Server that can be sent a data request. Data request will be sent IAW Web Service Details included with Task Order 1 PWS.

b. Environmental Data can be downloaded in NetCDF format and ingested into SAROPS IAW Task Order 1 PWS.

Factor 2: Prior Experience

All prospective Offerors shall provide sufficient information to clearly demonstrate their company's prior experience, prime and/or subcontractor, in reference to the IDIQ and Task Order 1 PWS requirements specified in Attachment 2, Section 2. The prime must submit at least one example of prior experience. Additionally, any prospective teaming partner and/or sub-contractor shall provide sufficient information to clearly demonstrate their company's prior experience. The examples of prior experience must be for contracts that are ongoing or completed within the past three (3) years from the date of this solicitation.

Offerors shall furnish examples of the following:

(1) Examples relevant to this requirement (i.e. the same or similar requirement) held with the government (federal, state, local), private or commercial entities;

(2) Examples of work related to the requirements in the IDIQ and Task Order 1 PWS (specifically working with environmental models and data, working on or with the USCG network, and Search and Rescue planning); and

(3) Examples of the Contractor in managing staffing efforts with its employees. Some examples of managing staffing efforts include how the Offeror successfully managed a 24/7 operational service, how the Offeror managed to maximize availability of the service, and how the Offeror effectively recruited and retained qualified employees.

The Offeror must respond to the following in each example as they pertain to the topic areas listed above:

1. Indicate that the submission is current.

2. Explain how the submission meets one or all of the three areas listed above. Provide details explaining the work done on the submission and how it relates to the areas listed above and in the PWS.

3. State whether there were any problems or failures that occurred during performance of the example and what actions were taken to overcome them to ensure quality of performance.

4. Did you experience high turnover or have problems with retention? If so, how did that impact performance? What did you do to mitigate the problem?

While the offeror can mention if any of the proposed key personnel worked on any of the submitted examples of prior experiences, the Government is interested in the Offeror’s experience as a whole, not in the experience/performance of the individual personnel. The Government is more interested in the similarity of the Contractor experience examples to the requirement than the quantity of examples. The Government will not contact references to obtain detail lacking from the Offeror’s response.

Factor 3: Management Approach

The standard is met when the proposal:

a. Describes the technical approach for performance of Subscription Task Orders, including but not limited to proposed infrastructure diagrams, technical specifications, emergency response plans and procedures, and proposed support staffing model to ensure 24/7 response.

b. Describes the plan and management approach for the transition of services as identified in the PWS, including but not limited to potential schedule and technical risks, and proposed resolutions.

c. Describes the proposed management approach, including but not limited to the proposed organizational structure, teaming agreements, response procedure to Government concerns, and supervision and management methods.

d. Identifies necessary qualifications, skills, and abilities to perform proposed tasks.

e. Provides a detailed Basis of Estimate (BOE): including but not limited to the Offeror’s proposed man-hours required to complete Task Order 1 as defined, and the Offeror’s rationale to support the labor estimates.

f. Includes a list of key personnel, the technical area(s) to which these personnel will contribute, and for each individual, a brief resume, restricted to two (2) pages per individual. For key personnel who are not employed by the Offeror at the time of the proposal submission, the Offeror shall attach to the resume a letter of intent from the individual.

g. Describe and demonstrate the Offeror’s management experience and how Offeror will respond to Enhancement requests.

h. Describe and demonstrate how it will vet new data sources.

i. Describe and demonstrate how it will assure work compliance with technical, regulatory, and statutory requirements.

j. Discuss its plan to provide and retain adequate qualified personnel, including any requirement for “key personnel.”

Factor 4: Experience with Environmental Data and Aggregating Models

The standard is met when the proposal:

a. Describes the amount of experience each proposed team member has with analysis of oceanic, coastal, river, lake and land resources.

b. Describes the amount of experience each proposed team member has with aggregating temporal and spatial data.

c. Describes the amount of experience each proposed team member has with self-locating datum marker buoys (SLDMBs).

Factor 5: Price

a. Offerors shall complete and submit Attachment 3 – Labor Rate Ceiling, Task Order 1 pricing.

For each of the identified labor categories, the Offeror shall provide: the unburdened labor rate, the applicable overhead rate, the General and Administrative (G&A) rate, and the Offeror’s proposed fee rate. All fill-in cells are shaded in green.

b. The Offeror’s price proposal shall have two components: the IDIQ Labor Rates and the Offeror’s Firm Fixed Price (FFP) for Task Order 1. The loaded rates shall not include any material, travel or Other Direct Costs (ODCs). The labor rates will be inclusive of all applicable labor loadings including profit, overhead, general and administrative expenses, and any other applicable indirect costs. The Offeror’s FFP for Task Order 1 shall include all costs for performing and managing work described in the Task Order 1 PWS.

Labor Rate Ceiling

a. All Price information shall be submitted on the Excel Spreadsheet included in Attachment 3, Labor Rate Ceiling, Task Order 1 pricing, of this solicitation.

b. The Offeror shall provide its un-burdened labor rate for each of the labor categories on the spreadsheet for the five (5) year ordering period. The Offeror should also provide, in the appropriate columns: its overhead rate to be applied to the base labor; its G&A rate; and the Offeror’s proposed profit rate, expressed as a percentage of burdened labor costs. The Offeror should only enter the in cells that are shaded green.

c. The provided Excel spreadsheet will calculate the Offeror’s fully burdened rate. Upon receipt of the Offeror’s proposal, the Government will insert into the spreadsheet a number of hours for each labor category for each of the five potential years of performance. The hours inserted by the Government are for evaluation purposes only and represent neither a promise nor an intent of the Government to order any number of labor hours for any of the labor categories appearing on the spreadsheet. The spreadsheet will extend the Offeror’s fully burdened labor rates by the number of hours provided by the Government and will sum the extended price of all labor categories on the spreadsheet.

d. The Offeror’s price proposal for the IDIQ effort used for the Government’s evaluation shall be the sum of the extended price of all labor categories for all five (5) years ordering period. These fully burdened rates shall be used as ceiling rates for pricing any task orders that may be issued for the duration of any IDIQ contract resulting from this solicitation, Task Order 01 Price

All Price information shall be submitted on the Excel Spreadsheet included in Attachment 3, Labor Rate Ceiling, Task Order 1 pricing, of this solicitation. The Offeror’s proposal shall be a firm fixed price for all of the requirements of the Task Order 01. This includes all work associated with providing the Environmental Data Service per the PWS for 12 months.

Total Evaluated Price

The total evaluated price for each Offeror shall be the sum of the IDIQ evaluated price (described above) plus the Offeror’s FFP proposal for Task Order 1.

IX. FAR 52.212-2, Evaluation-Commercial Items (Oct 2014)

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

Factor 1: Technical Demonstration

The proposal will be evaluated for the ability to download data from the data server, the download speed from the data server, and the available products/coverage area of the products listed on the data server.

Factor 2: Prior Experience

The Government will evaluate the offeror’s (prime and/or subcontractor) experience for its confidence in the offeror’s ability to successfully perform the task order requirements based on its prior experience of contracts that are ongoing or completed within 3 years of the date of the solicitation, considering such matters as:

(1) Examples relevant to this requirement (i.e. the same or similar requirement) held with the government (federal, state, local), private or commercial entities;

(2) Examples of work related to the requirements in the IDIQ and Task Order1 PWS (specifically working with environmental models and data, working on or with the USCG network, and Search and Rescue planning); and

(3) Examples of the Contractor in managing staffing efforts with its employees. Some examples of managing staffing efforts include how the Offeror successfully managed a 24/7 operational service, how the Offeror managed to maximize service availability, and how the Offeror effectively recruited and retained qualified employees.

Responses to the questions/requested information as set forth in Attachment 2, Section 2 will contribute to the assessment and the rating given for this factor. The Government is interested in the quality and similarity of the Offeror’s prior experience as a whole, not of individuals, or the quantity of examples.

Factor 3: Management Approach

The proposal will be evaluated for the feasibility, documentation, transfer procedures, criteria, techniques, identified scheduling issues, labor estimations, and the qualification of personnel that the contractor proposes to use in the work. The proposal will be evaluated to ensure it will certify a clear and concise work flow as well as robust management methods in its approach, specifically evaluating the Offeror’s experience and familiarity with maintaining a 24/7 service, as well as the Offeror’s ability to provide and retain key personnel. The proposal will also be evaluated for response and compliance procedures to ensure availability requirements can be met.

Factor 4: Experience with Environmental Data and Aggregating Models

The proposal will be evaluated to ensure the purposed team includes a minimum of 5 years cumulative experience working with Environmental models and data in a research based, operational, or developmental environment.

Factor 5: Price

The Offeror’s pricing proposal submission will be evaluated using one or more of the techniques as defined in FAR 12.209 and 13.106-3 in order to determine whether the labor rates and loadings are reasonable. The Government will also analyze offers to determine whether proposed fully burdened labor rates are unbalanced.

The Government will evaluate the Offeror’s proposed fully burdened labor rates and the Offeror’s proposed FFP for Task Order 1 as a single evaluated price.

The Government will evaluate price based on total evaluated price of Attachment 3, Labor Rate Ceiling, Task Order 1 pricing, and will be based on a formula that utilizes the USCG Independent Government Cost Estimate (IGCE) projected number of hours taking in to consideration the pricing and expected ordering by FY and multiplied by the pricing proposed.

The sum of the products of the Offeror’s fully burdened labor rates for the five (5) years ordering period of the IDIQ contract times the number of hours provided by the Government evaluation team will establish the “evaluated” price for the IDIQ. This evaluated price will be combined with the Offeror’s proposed fixed price for Task Order 1 to reach a total evaluated price.

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

Basis of Award- In determining best value, the following factors are in descending order of importance: Technical Demonstration Factor, Prior Experience Factor, Management Approach Factor, Experience with Environmental Data and Aggregating Models Factor, and Price Factor.

When combined all non-cost factors are significantly more important than price.

As a result of the solicitation, the Government intends to make a single award of a five (5) year Indefinite Delivery Indefinite Quantity (IDIQ) contract that permits the Government’s issuance of Firm Fixed Price (FFP) Task Orders for the services detailed in this solicitation. In addition to the award of the IDIQ contract, the Government also intends to issue one (1) Firm Fixed Price Task Order under that IDIQ contract. The Government reserves the right not to award a contract depending on the quality of the proposals.

The Government will make its award decision using a best value trade-off process. The Government intends to select one Offeror whose proposal offers the “best value” to the Government, using the trade-off method. The trade-off process allows for balance between the non-cost/price factors and the cost/price factor that permits the Government to accept other than the lowest priced proposal, or other than the highest technically evaluated proposal to achieve a best value award. The evaluation process involves the comparison of the combination of evaluated non-cost/price confidence ratings and the cost/price offered in each proposal.

Offerors are advised that the best value decision will be based upon the Government’s evaluation of the proposals. Although price is not the controlling factor in award, it is an important factor. Award may be made to other than the lowest priced proposal. As Price and technical factors converge, Price becomes more important. If competing proposals are substantially equal in Technical Demonstration, Prior Experience, Management Approach, Experience with Environmental Data and Aggregating Models; Price may be the controlling factor in an award.

The Government will evaluate each of the Offerors’ proposals for confidence in the proposal’s ability to satisfy the requirements of the PWS and in the areas of the evaluation factors. The Government will also assess the technical proposals for the risk to satisfactory performance. The Government’s assessment of technical risk will consider the potential for disruption of schedule, increase in costs, degradation of performance, the need to increase Government oversight, or the likelihood of unsuccessful contract performance.

(End of Provision)

X. All quoters must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items and ALT I (Oct 2018) with its offer.

XI. The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018) applies to this acquisition.

XII. The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders – Commercial Items (Jan 2019) applies to this acquisition. The following additional FAR clauses contained within FAR 52.212-5 are applicable to this acquisition:

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 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).

_X_ (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).

___ (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)).

___ (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 Representation (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).

_X_ (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 Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repa3ir, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X_ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.] _X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

FILL IN:

Employee Class PWS Labor Category Federal Equivalent

Project Manager II Project Manager II 2210/GS-12/Step 1

Software Engineer II Software Engineer II 2210/GS-13/Step 1

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

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

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

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

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

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

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

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

(End of Clause)

XIII. This following contract requirements/terms and conditions are necessary for this acquisition.

INVOICING

Electronic submission of invoices is mandatory for this Order.

The Contractor shall submit all invoices for supplies and/or services via the U.S. Coast Guard Finance Center (FINCEN) website at: www.fincen.uscg.mil

On the FINCEN website, select “Submitting Invoices” under “Vendors” (on the right hand side of the screen)

Select “Coast Guard Vendors” (in the middle of the screen) Select “Coast Guard Award Invoices or Contract/Order Invoice” (in the middle of the screen) Select “Online: Coast Guard Award Invoices or Contract/Order Invoices” (in the middle of the screen) Next, you will be requested to “Please Log In” with your e-mail address and password.

(First time users will need to create a vendor login (click “Create a login”); please reference the “USCG Vendor Electronic Invoice Submissions Quick Reference Guide” located on the same web page for additional information.)

Once you have logged in, follow the instructions to complete the “Contractor Invoice Submission Form” and submit your invoice.

The electronic submission requires the contractor to:

Complete the “Contractor Invoice Submission Form” (which is available after you log in to the website)

Select the correct Invoice Routing Code, which is C3CEN (the Contractor shall select the correct Invoice Routing Code for timely invoice processing.)

Attach a single PDF file, which can be no larger than 3 MB, containing the invoice and any necessary supporting documentation. (Grey-scale PDFs and Portfolio PDFs are not compatible.)

If your single PDF file is larger than 3 MB, complete the “Contractor Invoice Submission Form” via the FINCEN website and attach the invoice document only. E-mail all supporting documentation to the Contract Specialist/Contracting Office and COR below.

In addition, the Contractor shall send a copy of the invoice and all supporting documentation via e-mail to the Contract Specialist, Contracting Office, and COR at the e-mail addresses cited below:

Contract Specialist: Allyson Jones Contracting Office: C3CEN COR: Moreno Virgil

(End of instruction)

XIV. This solicitation does not have a Defense Priorities and Allocation System (DPAS) rating.

XV. All quotations are due NLT, TBD 12:00pm EST to the Contract Specialist, Allyson Jones at Allyson.N.Jones@uscg.mil.

XVI. For additional information regarding this solicitation contact Allyson Jones at Allyson.N.

Jones@uscg.mil.

XVII. The following additional FAR and HSAR provisions/clauses are applicable to this acquisition:

52.204-7, System for Award Management (Oct 2018) 52.204-8, Annual Representations and Certifications (Oct 2018) 52.204-13, System for Award Management Maintenance (Oct 2018) 52.204-16, Commercial and Government Entity Code Reporting (Jul 2016) 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016) 52.217-5, Evaluation of Options (Jul 1990) 52.222-49, Service Contract Labor…