70Z08026R21602B00_PROPELLER BLADES Solicitation.pdf

70Z08026R21602B00 1

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2125405B4500AG360-0000

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

70Z08026R21602B00

6. SOLICITATION

ISSUE DATE

10/21/2025

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Alissa Gavalian

b. TELEPHONE NUMBER (no collect calls)

571-607-5484

8. OFFER DUE DATE/

LOCAL TIME

11/21/2025, 12:00PM

9. ISSUED BY CODE Z50100

COMMANDING OFFICER

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

MECPL, C&PD1

300 E Main Str.

Norfolk, VA 23507

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: 331529

SMALL BUSINESS (WOSB) SIZE STANDARD: 500 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 ;Z5010

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

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 Z50100

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 Controllable Pitch Propeller Blade Set and Monobloc Propeller Overhauls per the Price Schedule and Consolidated Specification Rev.

0, 8 August 2025. 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

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

70Z08026R21602B00 2

TABLE OF CONTENTS

DESCRIPTION PAGE(S)

Standard Form 1449

Table of Contents

Addendum to Standard Form 1449:

Block 15, Deliveries, Packaging and Marking Contract Administration Data Special Contract Requirements

3-4

5-7 8-11 11-12

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

12-24

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

24-33

FAR 52.212-1 Instructions to Offerors – Commercial Products and 33-36 Commercial Services

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services 36-37

FAR 52.212-3 Offeror Representations and Certification – Commercial 37-63 Products and Commercial Services (Contractor Fill In) and Provisions Applicable to Solicitation

ATTACHMENTS:

Attachment # Document Title

1 Price Schedule

2 Consolidated Specifications Rev 0, 8 August 2025

70Z08026R21602B00 3

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 13.

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.

CONTRACT MAXIMUM/MINIMUM

Total Minimum Guarantee Amount: $15,000.00 per awardee

The contract will satisfy the minimum guarantee via the obligation of delivery orders that will be issued subsequently to the contract award(s).

Total Not-To-Exceed Contract Ceiling: $_TBD

70Z08026R21602B00 4

All delivery orders issued pursuant to this contract shall not exceed the Not-To-Exceed Contract Ceiling. The contract will remain in place and delivery orders may be issued in accordance with the contract until the Not-To-Exceed Contract Ceiling has been used in its entirety or under the contract period of performance ends, whichever is first.

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. The contract format is IAW FAR 12.303, Contract Format for the Acquisition of Commercial Items. For questions concerning this solicitation, please contact Alissa Gavalian, Contract Specialist, via email at Alissa.Gavalian@uscg.mil.

Contractors Cage Code: _____________________________________

Contractors Duns Number/UEI: _______________________________

Contractor’s Tax Payer Identification Number: ____________________ mailto:Alissa.Gavalian@uscg.mil

70Z08026R21602B00 5

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.

Number Title Date 52.242-17 Government Delay of Work Apr 1984 52.246-2 Inspection of Supplies Aug 1996 52.247-34 F.O.B Destination Nov 1991 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.

NOTE

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

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

70Z08026R21602B00 6 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 ten (10) 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.

Inspection by Government Personnel as designated by SFLC Quality Assurance (QA) Branch will be performed at Contractor’s facility located at (enter information here):

NAME OF FIRM:________________________________________________________

ADDRESS/CITY/STATE/ZIP:______________________________________________

PHONE:________________________________________________________________

POINT OF CONTACT:____________________________________________________

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.

DELIVERIES, PACKAGING AND MARKING

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

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

Required Delivery Schedule

CLIN* Description Est.

Qty Due

0001-4021 Open/Inspect/ Report As Req’d

20 calendar days after receipt of Government property

0001-4021 Overhaul of propeller or CPP blade set Materials required for overhaul of propeller or CPP blade set

As Req’d

30 calendar days after receipt of order

70Z08026R21602B00 7

Replace shipping container Return BER propeller or CPP blade set

*Includes Base and all corresponding Option Year CLIN’s

The Government will equally evaluate, with regards to time of delivery, offers that propose delivery of each CLIN within the required delivery period. Offers that propose delivery that will not clearly fall within the required delivery period specified above may be found unacceptable and may be rejected. The Government reserves the right to award under the required delivery schedule or the proposed delivery schedule when an offeror provides an earlier delivery schedule than required above. If an offeror proposes no other delivery schedule, then the above schedule shall apply.

Proposed Delivery Schedule

CLIN* Description Est.

Qty Due

0001-4021 Open/Inspect/ Report As Req’d

___calendar days after receipt of Government property

0001-4021 Overhaul of propeller or CPP blade set Materials required for overhaul of propeller or CPP blade set Replace shipping container Return BER propeller or CPP blade set

As Req’d calendar days after receipt of order

*Includes Base and all corresponding Option Year CLIN’s

(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 no 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 Federal Holidays. If, as so computed, the offered delivery date is later than the required delivery date, therefore may be determined unacceptable and may be rejected.

70Z08026R21602B00 8

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), 300 E Main Street, Norfolk, VA 23510 shall be:

Alissa Gavalian, Contract Specialist, Alissa.Gavalian@uscg.mil, Teams Phone Number (571) 607-5484.

All correspondence shall be submitted via email to: Alissa.Gavalian@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.

70Z08026R21602B00 9

(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/.

https://www.uscg.mil/fincen/IPP/

70Z08026R21602B00 10

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:

(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 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

70Z08026R21602B00 11 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 Government Property can be found in the Consolidated Specifications Rev. 0, 8 August 2025.

Each part, upon transfer from the Government to the Contractor, shall be examined for completeness, proper type, quantity, and damage. The Contractor shall be fully and solely responsible for any damage to such material while in the Contractor’s custody and until it is

70Z08026R21602B00 12 returned to the U.S. Coast Guard SFLC and accepted by the Contracting officer or an authorized representative.

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 52.202-1 Definitions (Jun 2020) 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 Registration (Nov 2024) FAR 52.204-13 System for Award Management Maintenance (Oct 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

FAR 52.217-5 Evaluation of Options (Jul 1990)

FAR 52.225-8 Duty-Free Entry (OCT 2025)

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 52.245-1 Government Property (Sep 2021)

HOMELAND SECURITY ACQUISITION REGULATION (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:

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

70Z08026R21602B00 13

Name Title HSAR 3052.203-70 Instructions for Contractor Disclosure of Violations HSAR 3052.204-71 Contractor Employee Access HSAR 3052.205-70 Advertisement, Publicizing Awards and Releases HSAR 3052.242-72 Contracting Officer’s Technical Representative HSAR 3052.247-72 F.O.B. Destination Only

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;

70Z08026R21602B00 14

(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.

70Z08026R21602B00 15

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) (Apr 2020)

(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.

70Z08026R21602B00 16

(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 Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

• Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or Attachment 1 wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

• Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (DEVIATION 20-05) (Apr 2020)

(d) Definitions. As used in this clause- "Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core mailto:Incidents@hq.dhs.gov

70Z08026R21602B00 17 telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

"Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or Attachment 1 FAR Class Deviation 2020-05, Revision 3

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means-

(l) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology;

Or (ii) For reasons relating to regional stability or surreptitious listening;

(e) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(f) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

70Z08026R21602B00 18

(g) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(h) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of2018 (50 U.S.C. 4817).

"Interconnection arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

"Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition.

(4) Section 889(a)(l)(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.

The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(l)(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

70Z08026R21602B00 19

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.

(i) Exceptions. This clause does not prohibit contractors from providing-

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(j) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.

For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https:// dibnet.clod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(l) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

mailto:NDAA_Incidents@hq.dhs.gov

70Z08026R21602B00 20

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

FAR 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024)

(k) Definitions. As used in this clause—

Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. ( 7 U.S.C. 8101) (7 CFR part 4270.2).

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. ( 42 U.S.C. 6903).

Sustainable products and services means:

(1) Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines ( 42 U.S.C. 6962) ( 40 CFR part 247) ( https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products ( 42 U.S.C. 8259b) ( 10 CFR part 436, subpart C) ( https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/ products?s=mega).

(3) Biobased products meeting the content requirement of the USDA under the BioPreferred® program ( 7 U.S.C. 8102) (7 CFR part 4270) (https://www.biopreferred.gov).

(4) Acceptable chemicals, products, and manufacturing processes listed under EPA's

Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone ( 42 U.S.C. 7671l) ( 40 CFR part 82, subpart G)( https://www.epa.gov/snap).

(b) Requirements.

(l) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.

(m) The Contractor shall ensure that the sustainable products and services required by this contract are—

(1) Delivered to the Government;

(2) Furnished for use by the Government;

(3) Incorporated into the construction of a public building or public work; and

(4) Furnished for use in performing services under this contract, where the cost of the http://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-http://www.energy.gov/eere/femp/search-energy-efficient-products http://www.energy.gov/eere/femp/search-energy-efficient-products http://www.energystar.gov/ http://www.biopreferred.gov/ http://www.epa.gov/snap)

70Z08026R21602B00 21 products is a direct cost to this contract (versus costs which are normally applied to the Contractor's general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government-owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.

(c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/ Green procurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which statutory purchasing programs apply to a specific product or service.

FAR 52.234-1 INDUSTRIAL RESOURCES DEVELOPED UNDER TITLE III, DEFENSE

PRODUCTION ACT (MAY 2025)

(a) Definitions.

Title III industrial resource means materials, services, processes, or manufacturing equipment (including the processes, technologies, and ancillary services for the use of such equipment) established or maintained under the authority of Title III of the Defense Production Act (50 U.S.C. 4531 et seq.).

Title III project contractor means a contractor that has received assistance for the development or manufacture of an industrial resource under Title III of the Defense Production Act (50 U.S.C. 4531 et seq.).

(n) The Contractor must refer any request from a Title III project contractor for testing and qualification of a Title III industrial resource to the Contracting Officer.

(o) The Contracting Officer will modify the contract to—

(1) Authorize testing and qualification of the Title III industrial resource; and

(2) Provide an equitable adjustment for the costs to test and qualify the Title III industrial…