70Z08025R21181B00 NW PROPELLER Solicitation.docx

70Z08025R21181B00

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2125405B4500AG271-0000

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

70Z08025R21181B00

6. SOLICITATION

ISSUE DATE

Ms. Florence Harwood

b. TELEPHONE NUMBER (no collect calls)

571-607-2349

8. OFFER DUE DATE/ LOCAL TIME

9. ISSUED BY CODE Z50100

COMMANDING OFFICER

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

MECPL, C&PD1

707 E Ordnance Road Baltimore, MD 21226-5000

10. THIS ACQUISITION IS

|X| 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: 332999

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 |X| RFP

15. DELIVER TO CODE ;Z5010

United States Coast Guard (USCG), Surface Forces Logistics Center (SFLC) 2401 Hawkins Point Road Building 88, Receiving Room Curtis Bay, Maryland 21226

16. ADMINISTERED BY CODE

Same as block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

Northwest Propeller Operations, Inc.

10902 25th Avenue South Lakewood, Washington 98499

TELEPHONE NO: 253-584-0793

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE Z50100

See SF1449 Continuation Sheet

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

This solicitation is for the purchase and overhaul of Escher-Wyss Controller Pitch Propeller (CPP) Hubs, and the purchase of stock parts for use during the overhauls as per the Schedule of Supplies/Services and Statements of Work (SOW). This is a firm-fixed price, Indefinite Delivery, Requirement Contract for a base year and four one-year option periods.

Period of Performance Base Year:

Option Year 1:

Option Year 2:

Option Year 3:

Option Year 4:

25. ACCOUNTING AND APPROPRIATION DATA

Funding will be obligated via Delivery/Task Orders.

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

$0.00

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 5.212-3 & 52.212-5 ARE ATTACHED. ADDENDA |X| 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.

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

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

3-4

5-20 21-23 24-27 27-28

Addendum to FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items (Includes HSAR 3052.209-70 for fill in)

28-40

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

40-49

FAR 52.212-1 Instructions to Offerors – Commercial Products and 50-52 Commercial Services

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services 52

FAR 552.212-3 Offeror Representations and Certification – Commercial 53-71 Products and Commercial Services (Contractor Fill In)

Contractor Fill Ins and Provisions Applicable to Solicitation 72-77

ATTACHMENTS:

ADDENDUM TO STANDARD FORM 1449

TYPE OF CONTRACT

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

PERIOD OF PERFORMANCE

The base contract shall be for one (1) year after award of the contract, with the Government reserving the option to extend for four (4), 12-month, option years. The period of performance will begin on the date of the contract award and end one year afterward; each subsequent option year, if exercised, will begin one day after the end of the previous contract year and end one year thereafter.

FUNDING

Each delivery order/task 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 32.

b. Any supplies or services to be furnished under this contract shall be ordered by issuance of Delivery Order(s) or Task Orders, by a Contracting Officer from the following activities:

United States Coast Guard (USCG), Surface Forces Logistics Center (SFLC):

Medium Endurance Cutter Product Line (MECPL), C&PD1

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 delivery 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 IAW FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000).

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

Contractors Cage Code: _____________________________________

Contractors Duns Number/UEI: _______________________________

Contractor’s Tax Payer Identification Number: ____________________

Schedule of Supplies/Services

Prices to include costs for FOB Destination to a USCG cutter, the USCG Warehouse or the contractor’s storage location. If stored at the contractor’s facility, the USCG will notify for direct delivery to a designated cutter and a CBL will be provided for the shipment.

BASE YEAR

Manufacture of Left Hand (LH) Controllable Pitch Propeller (CPP) hub in accordance with Specification P-245-0154 Rev 3 2010-01-119-5469

P/N 901-WMEC-245-003LH

EA

Manufacture of Right Hand (RH) CPP hub in accordance with Specification P-245-0154 Rev 3 2010-01-118-8538

P/N 901-WMEC-245-003RH

Overhaul of LH CPP hub in accordance with Specification R-245-0155 Rev. F

The OIR shall be submitted on a detailed cost sheet that includes the item, qty, item description, unit cost and extended cost. If something was previously funded under the overhaul line on the delivery order, it shall be marked as “funded”.

Overhaul of RH CPP hub in accordance with Specification R-245-0155 Rev. F 2010-01-118-8538

P/N 901-WMEC-245-003RH

The OIR shall be submitted on a detailed cost sheet that includes the item, qty, item description, unit cost and extended cost. If something was previously funded under the overhaul line on the delivery order, it shall be marked as “funded”.

Long-lead time stock parts (see Attachment 3 for individual prices***)

EA

BASE YEAR TOTAL $___________________________

Mandatory Replacement Parts, LH Hub NSN 2010-01-119-5469

IF REQUIRED –

*New Shipping Container

*This will be funded in advance on the Overhaul Line of the Delivery Order. Based on OIR findings it may be reduced to reflect actual repair costs in place of replacement.

TOTAL

Mandatory Replacement Parts, RH Hub NSN 2010-01-118-8538

*This will be funded in advance on the Overhaul Line of the Delivery Order. Based on OIR findings it may be reduced to reflect actual repair costs in place of replacement.

FIRST OPTION YEAR

Manufacture of LH CPP hub in accordance with Specification P-245-0154 Rev 3

Manufacture of RH CPP hub in accordance with Specification P-245-0154 Rev 3 2010-01-118-8538

P/N 901-WMEC-245-003RH

Overhaul of LH CPP hub in accordance with Specification R-245-0155 Rev. F

The OIR shall be submitted on a detailed cost sheet that includes the item, qty, item description, unit cost and extended cost. If something was previously funded under the overhaul line on the delivery order, it shall be marked as “funded”.

Overhaul of RH CPP hub in accordance with Specification R-245-0155 Rev. F 2010-01-118-8538,

The OIR shall be submitted on a detailed cost sheet that includes the item, qty, item description, unit cost and extended cost. If something was previously funded under the overhaul line on the delivery order, it shall be marked as “funded”.

EA

FIRST OPTION YEAR TOTAL $___________________________

*This will be funded in advance on the Overhaul Line of the Delivery Order. Based on OIR findings it may be reduced to reflect actual repair costs in place of replacement.

*This will be funded in advance on the Overhaul Line of the Delivery Order. Based on OIR findings it may be reduced to reflect actual repair costs in place of replacement.

SECOND OPTION YEAR

Manufacture of LH CPP hub in accordance with Specification P-245-0154 Rev 3

Manufacture of RH CPP hub in accordance with Specification P-245-0154 Rev 3 2010-01-118-8538

P/N 901-WMEC-245-003RH

Overhaul of LH CPP hub in accordance with Specification R-245-0155 Rev. F

The OIR shall be submitted on a detailed cost sheet that includes the item, qty, item description, unit cost and extended cost. If something was previously funded under the overhaul line on the delivery order, it shall be marked as “funded”.

The OIR shall be submitted on a detailed cost sheet that includes the item, qty, item description, unit cost and extended cost. If something was previously funded under the overhaul line on the delivery order, it shall be marked as “funded”.

EA

SECOND OPTION YEAR TOTAL $___________________________

*This will be funded in advance on the Overhaul Line of the Delivery Order. Based on OIR findings it may be reduced to reflect actual repair costs in place of replacement.

*This will be funded in advance on the Overhaul Line of the Delivery Order. Based on OIR findings it may be reduced to reflect actual repair costs in place of replacement.

THIRD OPTION YEAR

Manufacture of LH CPP hub in accordance with Specification P-245-0154 Rev 3

Manufacture of RH CPP hub in accordance with Specification P-245-0154 Rev 3 2010-01-118-8538

P/N 901-WMEC-245-003RH

Overhaul of LH CPP hub in accordance with Specification R-245-0155 Rev. F 2010-01-119-5469,

The OIR shall be submitted on a detailed cost sheet that includes the item, qty, item description, unit cost and extended cost. If something was previously funded under the overhaul line on the delivery order, it shall be marked as “funded”.

The OIR shall be submitted on a detailed cost sheet that includes the item, qty, item description, unit cost and extended cost. If something was previously funded under the overhaul line on the delivery order, it shall be marked as “funded”.

EA

THIRD OPTION YEAR TOTAL $___________________________

*This will be funded in advance on the Overhaul Line of the Delivery Order. Based on OIR findings it may be reduced to reflect actual repair costs in place of replacement.

*This will be funded in advance on the Overhaul Line of the Delivery Order. Based on OIR findings it may be reduced to reflect actual repair costs in place of replacement.

FOURTH OPTION YEAR

Manufacture of LH CPP hub in accordance with Specification P-245-0154 Rev 3

Manufacture of RH CPP hub in accordance with Specification P-245-0154 Rev 3 2010-01-118-8538

P/N 901-WMEC-245-003RH

Overhaul of LH CPP hub in accordance with Specification R-245-0155 Rev. F

The OIR shall be submitted on a detailed cost sheet that includes the item, qty, item description, unit cost and extended cost. If something was previously funded under the overhaul line on the delivery order, it shall be marked as “funded”.

The OIR shall be submitted on a detailed cost sheet that includes the item, qty, item description, unit cost and extended cost. If something was previously funded under the overhaul line on the delivery order, it shall be marked as “funded”.

EA

FOURTH OPTION YEAR TOTAL $___________________________

*This will be funded in advance on the Overhaul Line of the Delivery Order. Based on OIR findings it may be reduced to reflect actual repair costs in place of replacement.

*This will be funded in advance on the Overhaul Line of the Delivery Order. Based on OIR findings it may be reduced to reflect actual repair costs in place of replacement.

TOTAL ESTIMATED VALUE OF

BASE AND ALL OPTION YEARS*

*Mandatory parts total cost is already included in the line item unit price (take the sum of the costs filled in on the mandatory parts calculations and then add to the appropriate overhaul line for RH or LH) and the parts total should not be included again in this total estimated value.

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

52.247-55 Government-Furnished Property Jun 2003

PRESERVATION, PACKAGING, & MARKING

See attached Specification.

PACKING LIST

All material shipped or delivered to the U.S. Coast Guard Surface Forces Logistics Center under this Contract must be accompanied by an itemized packing list that cites the proper contract and delivery order number. Each packing unit shall have a list of all items contained in that unit, and duplicate list shall be affixed in a conspicuous place, to the outside of the package, in a waterproof envelope.

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 notify the Contract Administrator or Contracting Officer at least fifteen (15) days prior to readiness for inspection 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 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.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

Specification P-245-0154, Rev 3.

NSN: 2010-01-119-5469 P/N: 901-WMEC-245-003LH

________________calendar days after receipt of order

NSN: 2010-01-118-8538 P/N: 901-WMEC-245-003LH

________________calendar days after receipt of order

Pre-Repair Report - _________Calendar days after Receipt of Hub

Pre-Repair Report - _________Calendar days after Receipt of Hub

CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION/ADDRESS OF CORRESPONDENCE

The contract administrator, located at the U.S. Coast Guard, SFLC, Contracting and Procurement Division #1 (C&PD1), Medium Endurance Cutter Product Line (MECPL), 707 E. Ordnance Road, Baltimore, MD 21226-5000 shall be:

Florence Harwood, Contract Specialist, florence.m.harwood@uscg.mil, Teams Phone Number (571) 607-2349.

All correspondence shall be submitted via email to: florence.m.harwood@uscg.mil and should 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).

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

a. The Contracting Officer hereby designates the following individual as the primary Contracting Officer’s Representative (COR) for this contract:

Craig Faw

b. 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.

c. 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.

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 Project Officer, Contracting Officer’s Representative (COR), Resident Inspector, and so on. Such individuals, if appointed, 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 under this 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.

(b) The COR will be responsible for receipt of goods, prior to invoice payment.

Electronic Submission of Payment Requests

(a) Definitions. As used in these instructions -

(1) “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, must be stated. If travel was allowable and approved, components IAW FAR 31.205-46 must be provided.

(b) The contractor must 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 IAW the following table:

(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 IAW this clause.

CONTRACTOR PERFORMANCE ASSESSMENT REPORTT (CPAR)

(a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) IAW 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 IAW FAR 15.304, when past performance is an evaluation factor for award.

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

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

(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 this 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 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 this 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.

GOVERNMENT FURNISHED PROPERTY

The following Government property will be sent to the contractor on an as needed basis for inspection, overhaul, and testing in accordance with the statement of work.

Part Number

Item Description

QTY

Estimated Cost ($) / Unit

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.

Employees of Whistleblower Rights (Nov 2023) (DHS-USCG FAR Deviation 14-01)

(Dec 2014)

(Dec 2013) (DHS FAR Deviation 17-01)

HOMELAND SECURITY ACQUISITION REGULATION (HSAR)

3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (July 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:

FAR 52.204-1 APPROVAL TO CONTRACT (DEC 1989)

This contract is subject to the written approval of the Branch Chief of Contracting and Procurement Division 1, Surface Forces Logistics Center and shall not be binding until so approved.

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 $2,000,000.00;

(2) Any order for a combination of items in excess of $6,000,000.00; 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 IAW 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 IAW 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 one (1) calendar day before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEVIATION 20-05) (JUL 2024)

(a) Definitions. As used in this clause- Kaspersky Lab covered article means any hardware, software, or service that–

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the…