A00001_70Z04423RBOD62217 Request for Proposals - ILMS II.docx

REQUEST FOR PROPOSAL (RFP)

70Z04423RBOD62217

Installation and Logistics Management Services, 2nd Generation

(ILMS II)

Issued by:

U.S. Coast Guard

CG-9143

4000 Coast Guard Blvd., Annex 4 Portsmouth, VA 23703-2199

Contracting POC:

Kenneth S. Boyer, Contract Specialist Telephone Number: (703) 417-5607 E-Mail Address: Kenneth.S.Boyer@uscg.mil

RFP ISSUE DATE:

May 2, 2023

QUESTION DUE DATE:

May 16, 2023, 11:00 AM Eastern Standard Time

PROPOSAL DUE DATE/TIME:

June 16, 2023, 11:00 AM Eastern Standard Time

DO NOT submit removable memory/storage devices or media, such as, flash drives, thumb drives, memory sticks, hard drives, CDs, DVDs, or any other similar devices. USCG policy prohibits the use of removable memory/storage devices or media on USCG workstations and the USCG network.

If submitted electronically via email, total combined file sizes cannot be more than 10MB total per email. Zip files shall not be submitted.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

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

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

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

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

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

INTRODUCTION / INDEX

INTRODUCTION:

The United States Coast Guard (USCG) has a requirement for the services described in Attachment 1, Scope of Work (SOW).

This RFP is issued, and award will be made, in accordance with the Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items in conjunction and FAR Part 15, as applicable. Task Orders (TOs) will be issued in accordance with FAR 16.505 Fair Opportunity.

The ILMS II requirements will be solicited as a 100% 8(a) competitive set-aside for commercial services. The Government intends to award approximately three (3) Indefinite-Delivery, Indefinite-Quantity (IDIQ) 8(a) contract awards from this RFP, however the Government reserves the right to withdraw, modify, or eliminate various aspects of the requirement determined to be too costly or impractical prior to award.

CONTRACT: Multiple Award IDIQ

CONTRACT TYPE: IDIQ contract allowing for both Firm-Fixed Price and Time & Materials Task Orders/CLINs

NAICS CODE: 541330; Size Standard $25.5M

INSTRUCTIONS FOR SUBMITTING A PROPOSAL: See Section E

ANTICIPATED AWARD: FY24 Q1/Q2

QUESTIONS/CONCERNS/ASSUMPTIONS: All questions/concerns/assumptions regarding this RFP shall be submitted via e-mail (no telephone calls) to the Contract Specialist and Contracting Officer (listed below) by the due date so that they can be addressed before proposals are due.

Contractors shall reference the RFP number in the subject line of their e-mail and provide enough information in their e-mail so the Government can easily respond to their questions/concerns/assumptions. All questions/concerns/assumptions that are received in reference to this RFP will be compiled, answered, and posted to SAM.gov by Amendment to the RFP.

Submit Questions To: TIS-SMB-C5I-9143-1-Branch@uscg.mil, Kenneth.S.Boyer@uscg.mil and Marc.A.Massey@uscg.mil no later than date indicated on the Cover Page.

INDEX

The below Sections will be included in the Award Document Section A – Standard Form (SF) 1449 Section B – Schedule of Supplies or Services / CLINs Section C – Contract Clauses Section D – Contract Documents, Exhibits, and Attachments

The below Sections will not be included in the Award Document Section E – Solicitation Provisions Section E – Instructions to Offerors – Commercial Items Section E – Evaluation – Commercial Items

B. SCHEDULE OF SUPPLIES OR SERVICES AND PRICE/COST

B.1 General Description The Contractor shall perform work as set forth in general terms in the attached Scope of Work (SOW) (Attachment 1). Detailed support services to be performed shall be identified in each individual Task Order, issued against the primary IDIQ contract(s) awarded.

B.2 Contract/IDIQ The term of the ILMS II IDIQ contract is a five (5) year ordering period. This is not a multi-year contract as defined in FAR Part 17.1, Multiyear Contracting.

B.3 Contract/IDIQ Administration/Management Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration at the contract level will require coordination between the Government and the contractor. The U.S. Coast Guard CG-914, Contracting Office will perform all contract administration and overall Task Order oversight. The individuals listed below in B.4 and B.5 will be the Government points of contact during the performance period.

Contracting Office: U.S. Coast Guard, CG-9143 4000 Coast Guard Blvd., Annex 4 Portsmouth, VA 23703-2199.

B.4 Contract/IDIQ Contracting Officer (KO) The Contracting Officer (KO) is responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the contract terms, and safeguarding the interests of the United States in the contractual relationship. The KO is responsible for ensuring that the contractor receives impartial, fair, and equitable treatment under this contract. The KO is ultimately responsible for the final determination of the adequacy of the contractor’s performance, to include, but not limited to (1) Provide scope oversight; (2) Ensure compliance with contract requirements; (3) Issue the Contracting Officer's final decision and handle all contract-level contractual disputes under the Contract Disputes Act; and (4) Place all contract modifications against the contract. Communications pertaining to contractual administrative matters for this IDIQ shall be addressed to the KO listed below.

Contracting Officer: Mr. Marc A. Massey Telephone #: (703) 417-5601 E-Mail: Marc.A.Massey@uscg.mil

B.5 Contract/IDIQ Administrator (Contract Specialist) The Contract Specialist (KS) serves as the point of contact between the Contractor and the Contracting Officer for this contract; however, this person does not have a warrant that provides the authority to contractually commit the Government and is not authorized to change any of the terms and conditions of the contract.

B.6 Contract/IDIQ Contracting Officer’s Representative (COR) The COR is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for items within the scope of this contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services. A designation letter will set forth the authorities and limitations of the COR under the contract. A COR does not have a warrant that provides the authority to contractually commit the Government and is not authorized to change any of the terms and conditions of the contract.

The COR will be provided via an Appointment Letter after award.

B.7 Ordering/Task Order Contracting Officer, Contract Specialist, and COR To Be Determined at time of TO award. Only a warranted Contracting Officer may place task/delivery orders against the IDIQ.

B.8 Ordering/Task Order – By Designated Ordering Official The TO KO will order services to be furnished under this contract by issuing TOs, in accordance with FAR 52.216-18 Ordering, and FAR 52.216-19 Order Limitations, on Optional Form 347, or an agency prescribed form, within the contract ordering period. The TO KO will be responsible for the issuance, administration, reporting, payment and closeout of the TO. All TOs are subject to the terms and conditions of this contract. This contract shall take precedent in the event of a conflict with any TO.

B.9 Ordering/Task Order Responsibilities Each TO KO has the primary responsibility for the administration of TOs placed with the contractor to include, but not limited to (1) Issue and administer the task order to include all task order modifications; (2) Ensuring that TOs are within the scope of the contract; (3) Administering and final closeout of TOs; (4) Performing (in conjunction with the TO COR) inspection and acceptance or rejection of the equipment/services provided by the Contractor; and (5) Making payment, withholds, or partial payment of invoices.

B.10 Invoicing Schedule The Contractor shall submit invoices monthly, unless otherwise approved by the KO, for CLINs completed / received, inspected, and accepted by the Government.

The Coast Guard will process invoice payment requests through the Invoice Processing Platform (IPP) at https://www.ipp.gov/. IPP is a government-wide, secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Bureau of the Fiscal Service.

The contractor’s SAM.gov point of contact will receive two emails from ipp.noreply@mail.eroc.twai.gov if your entity is not already enrolled in IPP:

1. The first email will have the IPP Logon ID and a link to the IPP application.

2. A second email, which will be sent within 24 hours of the first email, contains an IPP password. Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Training materials that address all IPP capabilities are available on the IPP website after login.

Once registered to use IPP, your company may submit payment requests, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads. The e-mail notification of payment is sent when a payment is distributed to your bank account and may include the following payment information: Date of payment, dollar amount, invoice number, paying agency, payee name, and ACH trace number.

IPP Customer Support is available to assist users with the system and can answer your questions related to accessing IPP or completing the registration process.

· Toll-free number: 866-973-3131

· Email address: IPPCustomerSupport@fiscal.treasury.gov

· Hours of operation: Monday through Friday (excluding holidays) from 8:00 am - 6:00 pm EDT.

B.11 System for Award Management (SAM) The contractor shall be registered in the SAM database prior to award, during performance, and through final payment of all Orders and closeout of the Contract.

B.12 Contract Type and Pricing ILMS II allows for Fixed-Price (FP) as indicated in Federal Acquisition Regulation (FAR) Subpart 16.2, and Time-and-Materials (T&M) as defined in FAR Subpart 16.6 pricing arrangements at the TO level. TOs may also combine more than one (1) pricing arrangement (e.g., FP/T&M), although separate CLINs are required for each type. The T&M rates established at the IDIQ shall serve as the maximum rates proposed by labor category for all task orders.

B.12.1 Time-and-Materials Rates All individual TOs issued for services to be performed within the United States will be priced in accordance with the maximum hourly labor rates set forth in Attachment 2, IDIQ Max Pricing Rates. The maximum labor rates in B.14 reflect the maximum fully-burdened labor rates for each labor category that may be proposed or utilized in TOs issued under ILMS II. The labor categories and hourly rates are detailed in Attachment 2. The fully burdened hourly rates are maximum rates, and the contractor may, at its discretion, elect to propose lower hourly rates for individual TOs. Under no circumstances shall the contractor propose or provide invoices for hourly labor rates above the maximum labor rates set forth in Attachment 2.

(a) Labor. Attachment 2, IDIQ Max Pricing, provides fully-burdened hourly rates for each labor category. When responding to a TO Request for Proposal (TORFP), regardless of TO type, the contractor shall identify both Prime and Team Member (i.e., Subcontractor) labor using the ILMS II Labor Categories that apply.

The applicable Wage Determination will be based on the place of performance for each Task Order. Attachment 5 provides a baseline for Offerors in establishing maximum rates. Refer to Attachment 2, IDIQ Max Pricing Rates for the labor categories to be used.

If overtime is required at the TO level, overtime will be compensated in accordance with the Service Contract Act and the Fair Labor Standards Act and prescribed in the Code Of Federal Regulations (CFR) Title 29: Labor §778—OVERTIME COMPENSATION. Overtime is not anticipated, but if required, must be strictly approved in writing by the KO at the task order level.

(1) Government Site Rates. When performing at Government Sites (GS), the contractor shall provide services at or below the fully-burdened maximum labor rates indicated in Attachment 2, IDIQ Max Pricing Rates. The Government will provide office space, furniture, and office equipment and supplies, as specified in the individual TOs.

(2) Contractor Site Rates. When performing at a Contractor Site (CS), the contractor shall provide services at or below the fully-burdened labor rates included in Attachment 2, IDIQ Max Pricing Rates, which include loads for office space and all normal supplies and services required to support the work. This includes, but is not limited to, telephones, faxes, copiers, personal computers, postage (to include courier services such as Federal Express), ordinary business software (e.g., word processing, spreadsheets, graphics, etc.), and normal copying and reproduction costs.

B.12.2 Fixed-Price (FP) Type TOs Fixed-Price (FP) is defined under FAR 16.201, Fixed-Price Contracts, and other applicable agency-specific regulatory supplements. Partial payment of FP type TOs may be negotiated based on the completion of milestones, at the discretion of, and if approved by, the TO Contracting Officer (KO).

B.12.3 Time-and-Materials (T&M) Type TOs Time-and-Materials (T&M) is defined under FAR Subpart 16.6, T&M and LH Contracts, and other applicable agency-specific regulatory supplements. For T&M type TOs, the quantity of hours ordered from each labor category will be specified as deliverable hours billable at the maximum rates specified in Attachment 2, IDIQ Max Pricing Rates or as negotiated, if lower rates are proposed for the TO.

B.13 Contract Line Item Number (CLIN) and Contract Type by CLIN See Attachment 2, IDIQ Max Pricing Rates.

Government identified labor categories are included in Attachment 2, IDIQ Max Pricing Rates. The fully burdened labor rates included in Attachment 2 are the maximum allowable for the contractor for the performance of requirements as specified in TOs. Additional labor categories not specified within the Attachment 2 may be proposed at the TO level to meet specific TO requirements. Labor categories not specified within Attachment 2 consistently required at the TO level to meet specific TO requirements, may result in modification of Attachment 2 to incorporate these additional labor categories at the IDIQ level by the Contracting Officer.

B.14 Minimum and Maximum Quantities In accordance with paragraph (b) of the “Indefinite Quantity” clause, the guaranteed minimum amount to be ordered under this contract is $3,500.00 for each awarded contract. The contract maximum is the total awarded price if the first task order is issued for the total awarded price to one vendor. However, this is a multiple award IDIQ contract with a total award value amongst all awardees of $233.3M combined.

B.15 Task Order (TO) Procedures The contractor’s services shall be obtained on an as-needed basis (i.e., through the issuance of TOs) after meeting the guaranteed minimum. The contractor shall perform the required effort for these services, within CONUS and OCONUS locations, throughout the term of this contract.

All awardees as a result of this solicitation will be afforded a fair opportunity to compete again at the task order level and will be solicited via e-mail. In providing awardees a fair opportunity to be considered for each task order, the contracting officer shall consider price and may consider past performance on previous task orders under this contract. Contractors competing for award of task orders may reduce prices lower than those proposed and awarded under their contract. Any proposals received after the response date for each task order may not be considered.

Exceptions: awardees need not be given an opportunity to be considered for a particular order if the Contracting Officer determines that an exception applies at FAR 16.505(b)(2).

In addition, the Government intends to issue a task order to each awarded contractor concurrently with award of the IDIQ contract. Each of these task orders will be to satisfy the minimum guarantee and to compensate each contractor for Contract Data Requirement Lists (CDRL’s) that will be priced in accordance with Attachment 2, IDIQ Pricing. This will only apply to the first ordering period for these CDRL’s.

B.16 Task Order Performance Period and Pricing TOs may be issued at any time during the five (5) year contract “Contract Ordering Period” (COP). The performance period of each TO will be specified in the TO and may include option periods which, if exercised, may extend the TO period of performance beyond the COP of the base period (excluding exercise of options under FAR 52.217-8).

All non-severable TOs issued under the ILMS II contract must be completed within 18 months after the expiration of the IDIQ (excluding exercise of options under FAR 52.217-8).

All severable TOs must be completed within 12 months after the expiration of the IDIQ (excluding exercise of options under FAR 52.217-8).

B.17 Delivery The IDIQ deliverables are identified in Exhibit A through C. The items required under each individual TO shall be delivered and received at destination within the timeframe specific in each TO.

B.18 Accounting and Appropriation Data Accounting and appropriation data for obligations under the contract will be set forth within individual TOs with the exception of the minimum guaranteed amount.

(END OF SECTION)

C. CONTRACT CLAUSES

C.1 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 this address:

http://www.acquisition.gov/far/

(End of clause)

C.1.1 52.252-6, Authorized Deviations in Clauses. (NOV 2020)

(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 Homeland Security Acquisition Regulation (48 CFR Chapter 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

C.1.2 Clauses Incorporated by Reference

52.204-25 Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment (DHS Deviation)

NOV 2021

C.2 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) (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 FY2013 (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 this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of Clause)

C.3 52.216-18 Ordering (Aug 2020) (a)Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through the end of the ordering period.

(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)A delivery order or task order is considered "issued" when— (1)If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2)If sent by fax, the Government transmits the order to the Contractor's fax number; or (3)If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or (ii)Distributes the delivery order or task order via email to the Contractor's email address.

(d)Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

C.4 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 $250,000.00 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 $50,000,000.00;

(2) Any order for a combination of items in excess of $50,000,000.00; or

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 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.

(End of clause)

C.5 52.216-22 Indefinite Quantity (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 18 months after the end of the ordering period.

(End of clause)

C.6 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor at any time before the contract expires.

(End of clause) C.7 52.217-9 Option to Extend the Term of the Contract (MAR 2000) (Applicable to Task Orders)

(a) The Government may extend the term of issued task orders by written notice to the Contractor prior to the expiration of the task order; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least five (5) days before the task order expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended task order shall be considered to include this option clause.

(c) The total duration of this task order, including the exercise of any options under this clause, shall not exceed 18 months after the expiration of the IDIQ for non-severable services and 12 months after expiration of the IDIQ for severable services.

(End of Clause)

C.8 52.219-14 Limitations on Subcontracting (Oct 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause— [Contracting Officer check as appropriate.]

□ By the end of the base term of the contract and then by the end of each subsequent option period; or X By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

C.9 52.219-17 Section 8(a) Award (Oct 2019)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements, delegates to the Department of Homeland Security, the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the Department of Homeland Security, U.S. Coast Guard, CG-914 Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

(b) The Offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(End of Clause)

C.10 52.219-18 Notification of Competition Limited to Eligible 8(a) Participants (Oct 2022)

(a) Offers are solicited only from—

(1) Small business concerns expressly certified by the Small Business Administration (SBA) for participation in SBA's 8(a) program and which meet the following criteria at the time of submission of offer—

(i) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and (ii)The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by SBA;

(2) A joint venture, in which at least one of the 8(a) program participants that is a party to the joint venture complies with the criteria set forth in paragraph (a)(1) of this clause, that complies with 13 CFR 124.513(c); or

(3) A joint venture—

(i) That is comprised of a mentor and an 8(a) protégé with an approved mentor-protégé agreement under the 8(a) program;

(ii) In which at least one of the 8(a) program participants that is a party to the joint venture complies with the criteria set forth in paragraph (a)(1) of this clause; and

(iii) That complies with 13 CFR 124.513(c).

(b) By submission of its offer, the Offeror represents that it meets the applicable criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) Offeror selected through the evaluation criteria set forth in this solicitation. A contracting officer may consider a joint venture for contract award. SBA does not approve joint ventures for competitive awards, but see 13 CFR 124.501(g) for SBA's determination of participant eligibility.

(d) The ____________ [insert name of SBA's contractor] will notify the USCG CG-914 Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock.

(End of clause)

C.11 52.232-19 Availability of Funds for the New Fiscal Year (Apr 1984) (Also Applicable to Task Orders) Funds are not presently available for performance under this task order beyond (date specified in the applicable task order). The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this task order beyond (date specified in applicable task order), until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.12 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:

(a) Provisions.

__x_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.

(b) Clauses.

__x_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.

__x_Alternate I __x_3052.205-70 Advertisement, Publicizing Awards, and Releases.

__x_3052.209-73 Limitation on Future Contracting.

Fill In: (b) To address potential OCI situations between C5ISC Engineering Development, Integration, and Support Services (CEDISS) and the C5ISC Installation Logistics Management Services (ILMS II), or other contracts as applicable, the Government anticipates management of potential OCI issues at the TO level. OCI management actions include mandatory OCI analyses, statements, and, where applicable, mitigation plans at the TO level.

__x_3052.215-70 Key Personnel or Facilities. (Applicable at the Task Order Level) ____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.

__x_3052.242-72 Contracting Officer’s Technical Representative.

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

____Alternate I ____Alternate II ____3052.247-71 F.o.B. Origin Only.

____3052.247-72 F.o.B. Destination Only.

__x_3052.249-90 Contract Termination (USCG).

(End of clause)

C.13 DHS Special Clause: Safeguard of Sensitive Information (Mar 2015)(HSAR Class Deviation 15-01)

(a) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

(b) Definitions. As used in this clause— “Personally Identifiable Information (PII)” means information that can be used to distinguish or trace an individual's identity, such as name, social security number, or biometric records, either alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, or mother’s maiden name. The definition of PII is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. In performing this assessment, it is important for an agency to recognize that non-personally identifiable information can become personally identifiable information whenever additional information is made publicly available—in any medium and from any source—that, combined with other available information, could be used to identify an individual. PII is a subset of sensitive information. Examples of PII include, but are not limited to: name, date of birth, mailing address, telephone number, Social Security number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), static Internet protocol addresses, biometric identifiers such as fingerprint, voiceprint, iris scan, photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive Information” is defined in HSAR clause 3052.204-71, Contractor Employee Access, as 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.

“Sensitive Information Incident” is an incident that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access or attempted access of any Government system, Contractor system, or sensitive information.

“Sensitive Personally Identifiable Information (SPII)” is a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Some forms of PII are sensitive as stand-alone elements. Examples of such PII include: Social Security numbers (SSN), driver’s license or state identification number, Alien Registration Numbers (A-number), financial account number, and biometric identifiers such as fingerprint, voiceprint, or iris scan. Additional examples include any groupings of information that contain an individual’s name or other unique identifier plus one or more of the following elements:

Other PII may be “sensitive” depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but is not sensitive.

(c) Authorities. The Contractor shall follow all current versions of Government policies and guidance accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors, or available upon request from the Contracting Officer, including but not limited to:

(1) DHS Management Directive 11042.1 Safeguarding Sensitive But Unclassified (for Official Use Only) Information

(2) DHS Sensitive Systems Policy Directive 4300A

(3) DHS 4300A Sensitive Systems Handbook and Attachments

(4) DHS Security Authorization Process Guide

(5) DHS Handbook for Safeguarding Sensitive Personally Identifiable Information

(6) DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel Suitability and Security Program

(7) DHS Information Security Performance Plan (current fiscal year)

(8) DHS Privacy Incident Handling Guidance

(9) Federal Information Processing Standard (FIPS) 140-2 Security Requirements for Cryptographic Modules accessible at http://csrc.nist.gov/groups/STM/cmvp/standards.html

(10) National Institute of Standards and Technology (NIST) Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations accessible at http://csrc.nist.gov/publications/PubsSPs.html

(11) NIST Special Publication 800-88 Guidelines for Media Sanitization accessible at http://csrc.nist.gov/publications/PubsSPs.html

(d) Handling of Sensitive Information. Contractor compliance with this clause, as well as the policies and procedures described below, is required.

(1) Department of Homeland Security (DHS) policies and procedures on Contractor personnel security requirements are set forth in various Management Directives (MDs), Directives, and Instructions. MD 11042.1, Safeguarding Sensitive But Unclassified (For Official Use Only) Information describes how Contractors must handle sensitive but unclassified information. DHS uses the term “FOR OFFICIAL USE ONLY” to identify sensitive but unclassified information that is not otherwise categorized by statute or regulation. Examples of sensitive information that are categorized by statute or regulation are PCII, SSI, etc.