70Z08025R21176B00.pdf

70Z08025R21176B00

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2125405B4500AG114

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

6. SOLICITATION

ISSUE DATE

8/26/2025

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Ms. Kaity George

b. TELEPHONE NUMBER (no collect calls)

571-607-6763

8. OFFER DUE DATE/

LOCAL TIME

9/26/2025

12:00PM EST

9. ISSUED BY CODE Z50100

COMMANDING OFFICER

U.S. Coast Guard (USCG) Surface Forces Logistics Center (SFLC)

MECPL, C&PD1

300 E Main Street, Suite 550 Norfolk, VA 23510

10. THIS ACQUISITION IS

UNRESTRICTED OR SET ASIDE % FOR:

SMALL BUSINESS ECONOMICALLY DISADVANTAGED

HUBZONE SMALL BUSINESS WOMAN OWNED SMALL BUSINESS

SERVICE DISABLED VETERAN- (EDWOSB)

OWNED SMALL BUSINESS 8 (a)

WOMAN OWNED NAICS: 332410

SMALL BUSINESS (WOSB) SIZE STANDARD: 750 Emp

ELIGIBLE UNDER WOSB PROGRAM

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE Z52000

To be determined

16. ADMINISTERED BY CODE

Same as block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE Z52000

See SF1449 Continuation Sheet

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

This solicitation is for procurement of Reduction Gear Lube Oil Jacket Water Coolers as per the Schedule of Supplies/Services and Specification.

This is a firm-fixed price Indefinite Delivery Requirements contract for one base year and four, one year, option periods.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

Funding will be obligated via delivery/task orders

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 5.212-3 & 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT

ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 42.212-5 IS ATTACHED. ADDENDA ARE ARE NOT

ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN 1 COPIES TO ISSUING OFFICE. CONTRACTOR AGREES

TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE

OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS

ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SINGATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev.2/2012) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

TABLE OF CONTENTS

DESCRIPTION PAGE(S)

Standard Form 1449

Table of Contents

Addendum to Standard Form 1449:

Blocks 19 – 26, Schedule of Supplies/Services Block 15, Deliveries, Packaging and Marking Contract Administration Data Special Contract Requirements

3-6 6-9

9-12

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

12-21

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

21-31

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

31-32

Addendum to FAR Clause 52.212-2 Evaluation – Commercial Items (Nov 2021)

32-33

FAR Clause 52.212-3 – Offeror Representations and Certifications

– Commercial Items

33-52

ATTACHMENTS:

Attachment # Document Title

1 Specification

ADDENDUM TO STANDARD FORM 1449

TYPE OF CONTRACT

This is a Requirements-Type Contract with one (1) Base Period and four (4) Option Periods. A Requirements Type Contract is defined in FAR Clause 52.216-21 (Oct 1995).

PERIOD OF PERFORMANCE

The base contract shall be for one year after award of contract, with the Government reserving the option to extend for four, 12-month, option period. The period of performance will begin on the date of contract award and end one year afterward; each subsequent option period, if exercised, will begin one day after the end of the previous contract year and end one year thereafter.

FUNDING

Each delivery order will be individually funded.

ORDERING

a. Supplies and services will be ordered by the issuance of individual delivery and task orders. Refer to FAR Clause 52.216-18 Ordering, page 18.

b. Any supplies or services to be furnished under this contract shall be ordered by issuance of delivery or task orders by a Contracting Officer from the following activities:

United States Coast Guard- Surface Forces Logistics Center:

Medium Endurance Cutter Product Line (MECPL)

c. All delivery orders issued hereunder are subject to the terms and conditions of this contract which shall control in the event of conflict with any task order.

d. The Contractor shall fill Orders in the same sequence in which they are received, unless otherwise instructed by the Contracting Officer.

OPTIONS

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

This Request for Quote is issued, in accordance with FAR Part 12, Commercial Items in conjunction with FAR Part 15, Contract Negotiations as a sole source procurement. The contract format is in accordance with FAR 12.303, Contract Format for the Acquisition of Commercial Items. For questions concerning this solicitation contact Ms. Kaity George, Contract Specialist via email at Kaity.George@uscg.mil.

Contractors Cage Code: _________________________

Contractors Unique Entity Identification Number: _______________________

Schedule of Supplies/Services

BASE PERIOD

BASE PERIOD TOTAL $___________________________

FIRST OPTION PERIOD

FIRST OPTION PERIOD TOTAL $___________________________

CLIN DESCRIPTION EST

QTY

UNIT UNIT PRICE TOTAL PRICE

0001 Reduction Gear (R/G) Lube Oil (L/O) Cooler in accordance with the attached Specification

NIN: 01-362-0240

EA

0002 Jacket Water (J/W) Cooler in accordance with the attached Specification

NIN: 01-362-4819

8 EA $____________ $___________

0003 Lube Oil (L/O) Cooler in accordance

QTY

UNIT UNIT PRICE TOTAL PRICE

1001 Reduction Gear (R/G) Lube Oil (L/O) Cooler in accordance with the attached

1002 Jacket Water (J/W) Cooler in accordance

Lube Oil (L/O) Cooler in accordance

SECOND OPTION PERIOD

SECOND OPTION PERIOD TOTAL $___________________________

THIRD OPTION PERIOD

THIRD OPTION PERIOD TOTAL $___________________________

QTY

UNIT UNIT PRICE TOTAL PRICE

2001 Reduction Gear (R/G) Lube Oil (L/O) Cooler in accordance with the attached

2002 Jacket Water (J/W) Cooler in accordance with the attached Specification

5 EA $____________ $___________

QTY

UNIT UNIT PRICE TOTAL PRICE

3001 Reduction Gear (R/G) Lube Oil (L/O) Cooler in accordance with the attached

3002 Jacket Water (J/W) Cooler in accordance

5 EA $____________ $___________

3003 Lube Oil (L/O) Cooler in accordance

FOURTH OPTION PERIOD

FOURTH OPTION PERIOD TOTAL $___________________________

BASE AND ALL OPTION PERIOD TOTAL $__________________

DELIVERIES, PACKAGING, MARKING

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov.

Number Title Date 52.242-17 Government Delay of Work Apr 1984 52.246-2 Inspection of Supplies - Fixed Price Aug 1996 52.247-34 F.O.B Destination Jan 1991 52.247-55 Government-Furnished Property Jun 2003

PRESERVATION, PACKAGING, & MARKING

See attached Specification.

PACKING LIST

CLIN DESCRIPTION EST

QTY

UNIT UNIT PRICE TOTAL PRICE

4001 Reduction Gear (R/G) Lube Oil (L/O) Cooler in accordance with the attached

4002 Jacket Water (J/W) Cooler in accordance with the attached Specification

4 EA $____________ $___________

All material shipped to the U.S. Coast Guard under this Contract must be accompanied by an itemized packing list securely attached to the outside of the package or container. All packing lists shall cite the Contract and Order Number (when issued after award).

PLACE OF DELIVERY:

USCG Surface Forces Logistics Center (SFLC)

RECEIVING ROOM, BLDG 88

2401 Hawkins Point Road Baltimore, MD 21226-5000 **All deliveries are to be made Monday through Friday between the hours of 7:00 A.M.

and 1:00 P.M., EST. **

INSPECTION AND ACCEPTANCE (DESTINATION)

Inspection and acceptance of the supplies and/or services to be furnished hereunder shall be made at destination by the receiving activity. Acceptance will be contingent upon the representative’s verification of no damage in transit, correctness, and completeness of order and contractor’s conformance to preservation, packing and marking requirements.

INSPECTION (ORIGIN)

The contractor must contact the Contracting Officer 10 days prior to any inspections testing, or balancing required to schedule a Quality Assurance Inspection at the contractor’s facility. The inspections and tests required herein are the minimum necessary and are not intended to replace any controls, examinations or tests normally employed by the contractor to assure the quality of the product. Approval at origin by a Coast Guard Quality Assurance Representative does not guarantee final acceptance at destination.

CONTRACTING OFFICER’S AUTHORITY

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

DELIVERY/PERFORMANCE

Delivery of supplies will be in accordance with Attachment 1, Specification.

DELIVERY ORDERS

Delivery orders will be issued on an as needed basis. Orders will be sent electronically to the point of contact designated on behalf of the contractor.

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)(Alt. 1 Apr 1984)

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

Required Delivery Schedule

CLIN and all corresponding option periods

Item Name/Part Number Within #days after receipt of order against contractor (or sooner)

0001 Reduction Gear (R/G) Lube Oil (L/O) Cooler in accordance with the attached Specification

NIN: 01-362-0240

120 Days

0002 Jacket Water (J/W) Cooler in accordance with the attached Specification

NIN: 01-362-4819

120 Days

0003 Lube Oil (L/O) Cooler in accordance with the attached Specification

120 Days

Note: Definitive quantities shall be included on each individual delivery order.

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

Offeror’s Proposed Delivery Schedule CLIN and all corresponding option periods

Item Name/Part Number Within #days after receipt of order against contractor (or sooner)

0001 Reduction Gear (R/G) Lube Oil (L/O) Cooler in accordance with the attached

0002 Jacket Water (J/W) Cooler in accordance with the attached

0003 Lube Oil (L/O) Cooler in accordance with the attached

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

CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION/ADDRESS OF CORRESPONDENCE

The contract administrator, located at the U.S. Coast Guard, SFLC, MEC Product Line, 300 E.

Main Street, Norfolk, VA 23510 shall be:

Kaity George, Contract Specialist, Kaity.George@uscg.mil

All correspondence shall be submitted via email to: Kaity.George@uscg.mil

PLACE OF DELIVERY - REPORTS

All written reports and plans, as required, shall be submitted via email to:

Kaity.George@uscg.mil and properly cite in the subject line the applicable Contract Number (to be furnished at award) and if applicable, Delivery Order Number (to be furnished at award of each delivery order)

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

(a) The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer’s Representative acting within the limits of his/her authority. A Contracting Officer’s Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

(b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments or referenced drawings, specifications, or statement of work contained herein.

GOVERNMENT REPRESENTATIVES

(a) The Government may upon contract award or thereafter name representatives with titles such as Contracting Officer’s Representative (COR); the COR shall be responsible for answering all technical questions and concerns related to the resulting contract. If appointed, the COR will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate rights, responsibilities, and limitations of their appointment.

(b) In any event, no such named individual has the authority to issue any direction either technical or otherwise, which constitutes a change to the terms, conditions, price, or delivery schedule of the Contract. ONLY the Contracting Officer is authorized to alter the Contract in any manner.

INVOICING REQUIREMENTS – FIRM FIXED PRICE CONTRACTS

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

Electronic Submission of Payment Requests

(a) Definitions. As used in these instructions-

“Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) The contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). The contractor will submit payment requests using the blank form in IPP.

(c) Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(d) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/.

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN

IMPROPER INVOICE

For use in the event your firm receives a contract as a result of this Solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer any questions regarding the invoice.

NAME: ____________________________, TITLE:___________________________

TELEPHONE: ____________________, EMAIL: _________________________________

WITHHOLDING PAYMENT FOR NONDELIVERY OF MATERIALS/SERVICES

(a) If materials or services, or any part thereof, are not delivered within the time specified by this Contract or are deficient upon delivery, the Contracting Officer shall unilaterally, at his/her discretion, withhold from each invoice a percentage of the Contract price in accordance with the following table:

(b) When Total Contract Price is: Percentage to be Withheld is:

Less than $250,000 10% $250,000 to $1,000,000 5% Over $1,000,000 2%

(c) The withholding of any sums pursuant to this clause shall not be construed as, or constitute in any manner, a waiver by the Government of the Contractor’s obligation to furnish the data required under this Contract. In the event the Contractor fails to furnish these items, the Government shall have those rights and remedies provided by law and pursuant to this Contract in addition to, not in lieu of, the sum withheld in accordance with this clause.

CONTRACTOR PERFORMANCE ASSESSMENT REPORT SYSTEM (CPARS)

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

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

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

(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when

SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.

SPECIAL CONTRACT REQUIREMENTS

REQUIRED STANDARD OF WORKMANSHIP

Unless otherwise specifically provided in the resulting Contract, the quality of all supplies and services rendered hereunder shall conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies and services shall be rendered or supervised directly by individuals fully qualified in the relevant profession, trade, or field, and holding any licenses required by law.

STANDARD COMMERCIAL WARRANTY

If the items or services required in the Contract resulting from this Solicitation are customarily warranted in the trade by a standard commercial warranty, such warranty shall be incorporated into the resulting Contract and thereby provided to the Government at no additional cost. Any standard commercial warranty provided shall be identical to the standard commercial warranty normally offered by the Contractor to the Contractor’s most favored customer.

Offerors are requested to state the terms and conditions of their standard commercial warranty in the space provided below or attach a copy of the warranty terms with their offer.

If the contractor’s organization, as standard practice in the sale of these items issues a certificate of warranty setting forth the terms and conditions of their Standard Commercial Warranty, any contract resulting from this solicitation shall require the contractor submit to the Contracting Officer, upon delivery of these items, said certificate.

FEDERAL ACQUISITION REGULATION (FAR) 52.212-4, CONTRACT TERMS AND

CONDITIONS – COMMERCIAL ITEMS (Nov 2023) (Incorporated by Reference)

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/index.html.

Number Title

FAR 52.203-3 Gratuities (Apr 1984)

FAR 52.203-17

Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Nov 2023)(DHS-USCG FAR Deviation 14-01)

FAR 52.204-7 System for Award Management (Nov 2024)

FAR 52.204-8

Annual Representations and Certifications (Jan 2025)(Deviation Feb 2025)

FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

FAR 52.217-5 Evaluation of Options (Jul 1990)

FAR 52.225-25

Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certification (Jun 2020)

FAR 52.232-40

Providing Accelerated Payment to Small Business Subcontractors (Mar 2023)(DHS FAR Deviation 17-01)

FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.242-15 Stop Work Order (Aug 1989)

FAR 52.244-6

Subcontracts for Commercial Products and Commercial Services (Jan 2025)(Deviation Feb 2025)

FAR 52.245-1 Government Property (Sept 2021)

HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Jul 2023)

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:

Name Title HSAR 3052.203-70 Instructions for Contractor Disclosure of Violations (Sep 2012) HSAR 3052.204-71 Contractor Employee Access (Jul 2023) HSAR 3052.205-70 Advertisement, Publicizing Awards and Releases (Sep 2012) HSAR 3052.242-72 Contracting Officer’s Technical Representative (Dec 2003) HSAR 3052.247-72 F.o.B. Destination Only (Dec 2003)

FAR 52.204-1 APPROVAL TO CONTRACT (DEC 1989)

This contract is subject to the written approval of the Branch Chief of Contracting Office, Surface Forces Logistics Command and shall not be binding until so approved.

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a)Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b)Prohibition.

(1)Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2)Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c)Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d)Representation. The Offeror represents that—

(1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e)Disclosures.

(1)Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2)Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.204-26 Covered Telecommunications Equipment or Services- Representation (Oct 2020)

(a)Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b)Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1)Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2)After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (Oct 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a single requirements type contract resulting from this solicitation.

FAR 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 60 months; thereafter providing all options are exercised. .

(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.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $20.00, 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 $1,000,000.00;

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within 30 calendar 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 10 calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 6 months.

FAR 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 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of the contract’s expiration.

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within one (1) day of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of the resulting contract, including the exercise of any options under this clause, shall not exceed five (5) years.

FAR 52.233-2 SERVICE OF PROTEST (Sept 2006)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from Shaun.I.Squyres@uscg.mil

Address: USCG Surface Forces Logistics Center Attn: Shaun Squyres Contracting & Procurement Division 1 300 E. Main Street, Suite 550

Norfolk, VA 23510

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

Contracting Officer’s Representative (COR)

a. The Contracting Officer will designate an individual as the primary Contracting Officer’s Representative (COR) for the resulting contract.

To be identified at contract award

b. In the absence of the primary COR, all responsibilities and functions assigned to the COR shall be the responsibility of the alternate COR acting on behalf of the primary COR. The Contracting Officer hereby appoints the following individual as the alternate COR:

To be identified at contract award

c. The COR will act as the Contracting Officer’s representative for technical matters (only), providing technical direction and discussion as necessary with respect to the performance work statement, monitoring the progress and quality of the contractor performance.

The COR is not a Contracting Officer and does not have authority to take any action, either directly or indirectly, that would change pricing, quantity, quality, place of performance, delivery schedule, personal services, or any other terms and conditions of the contract, or to direct the accomplishment of effort which goes beyond the scope of the performance work statement in the contract.

d. It is emphasized that only a Contracting Officer has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person effective or binding on the Government. When/if, in the opinion of the contractor, an effort outside the existing scope of the contract is requested, the contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the contractor (under such direction) unless the Contracting Officer has issued a contractual change or otherwise resolved the issue.

FAR 52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (Jan 2025)

(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 products and commercial services:

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115-91).

(3)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4)52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015).

(5)52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

_X_ (1)52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

_X_ (2)52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) (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.)

__ (4)52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5)52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6)[Reserved].

__ (7)52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8)52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9)52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10)52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC

2023) ( Pub. L. 115–390, title II).

__ (11)

(i)52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

__ (ii)Alternate I (DEC 2023) of 52.204-30.

_X_ (12)52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) ( 31 U.S.C. 6101 note).

_X_ (13)52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14)[Reserved].

__ (15)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17)[Reserved]

__ (18)

(i)52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii)Alternate I (MAR 2020) of 52.219-6.

__ (19)

(i)52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii)Alternate I (MAR 2020) of 52.219-7.

_X_ (20)52.219-8, Utilization of Small Business Concerns (JAN

2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21)

(i)52.219-9, Small Business Subcontracting Plan (JAN

2025) ( 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 (JUN 2020) of 52.219-9.

__ (v)Alternate IV (JAN 2025) of 52.219-9.

__ (22)

(i)52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii)Alternate I (MAR 2020) of 52.219-13.

__ (23)52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C.