70Z08421QFD00300 Solicitation.pdf

NOTICE TO OFFEROR

SOLICITATION NUMBER: 70Z08421QPFD00300

The Department of Homeland Security (DHS), United States Coast Guard (USCG), Director of

Operational Logistics (DOL) will acquire the services outlined in the solicitation utilizing procedures in Federal Acquisition Regulation (FAR) Part 12, FAR Part 13.5, and in accordance with (IAW) FAR 19.8 and the Department of Homeland Security’s (DHS)/SBA Partnership

Agreement. This acquisition is issued as Unrestricted with a firm fixed price.

The North American Industry Classification System (NAICS) code 562111 (Solid Waste

Collection) applies to this request for quotation (RFQ), and its size standard is $41.5 million.

PLEASE CAREFULLY READ THE ENTIRE SOLICITATION AND COMPLETE ALL

REQUIRED DOCUMENTATION. SEE SECTION V – PROPOSAL SUBMISSION

INSTRUCTIONS FOR THE LIST OF WHAT IS REQUIRED TO BE SENT WITH YOUR

QUOTATION.

ALL AMENDMENTS TO THE SOLICITATION SHALL BE ACKNOWLEDGED IN

WRITING.

Note: Only send questions/concerns to the Contract Specialist listed on the SF-1449 or, if not available, to the Primary Contracting Officer listed in this solicitation. DO NOT ask or submit questions/concerns regarding this solicitation to any other USCG or government personnel.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative

Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the

Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S.

Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the

Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government.

The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e).

Formal protests filed under the OPAP program shall be submitted electronically to OPAP@uscg.mil and the

Contracting Officer or by hand delivery to the Contracting Officer.

The Ombudsman Hotline telephone number is (202) 372-3695.

https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html mailto:OPAP@uscg.mil

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17(a-b), 23, 24, & 30(a-c)

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

70Z08421QPFD00300

6. SOLICITATION

ISSUE DATE

23 February 2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Jessica P. Adkisson

b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

09 March 2021

8:00 AM PST

9. ISSUED BY CODE 84

U.S. Department of Homeland Security

USCG Director of Operational Logistics

Coast Guard Island, Bldg. 54-C

Alameda, CA 94501-5100

Attn: DOL-94

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100% FOR:

SMALL BUSINESS WOMEN-OWNED SMALL

HUBZONE SMALL BUSINESS (WOSB) ELIGIBLE

BUSINESS UNDER THE WOMEN-OWNED

SERVICE-DISABLED SMALL BUSINESS PROGRAM

VETERAN-OWNED EDWOSB

SMALL BUSINESS 8(A) NAICS: 562111

SIZE STANDARD: $41.5mil

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

Net 30

Other: ________________________

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

N/A

13b. RATING

N/A

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

USCG Base Alameda

Coast Guard Island

Alameda, CA 95401-5100

16. ADMINISTERED BY CODE 84

Same as Block 9

17a. CONTRACTOR/ OFFEROR (NAME / ADDRESS)

DUNS:

18a. PAYMENT WILL BE MADE BY CODE 51800

CO, (1224) USCG Finance Center

1430 Kristina Way

Chesapeake, VA 23326-1224

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

*Payments will be made by Electronic Funds Transfer (EFT)*

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

BELOW IS CHECKED

SEE ADDENDUM: SEE CONTINUATION PAGES FOR MORE

PAYMENT DETAILS.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The USCG has a requirement for refuse collection services for Sector USCG New London, CT in accordance with the attached Performance Work Statement (PWS), its attachments, and this solicitation package.

See continuation pages for more details.

25. ACCOUNTING AND APPROPRIATION DATA (FOR GOVT USE ONLY)

WILL BE FUNDED IAW FAR 52.232-18 – AVAILABILITY OF FUNDS

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 AND 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE / ARE NOT ATTACHED.

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN ONE (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.

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 (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c.

DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

Refuse and Recycling for USCG Academy, New London, CT 70Z08421QPFD00300

Continuation of SF 1449 –Block 16 Administered by (Contract Management)

Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the contractor. The individuals listed below will be the Government points of contact during the performance period as follows:

a. All contract administration will be effected by the U. S. Coast Guard Director of Operational Logistics

(DOL), Coast Guard Island, Bldg. 54C, Alameda CA 94501-5100

b. The U. S. Coast Guard DOL-94, Contracting Section, Coast Guard Island, BLDG 54C, Alameda CA, 94501-5100 will affect all contract administration. Communication pertaining to contractual administrative matters shall be addressed to the Contracting Officer, Mrs. Susan B. Lawson, Changes in, or deviation from, the scope of work will not be effected without a written modification to the contract as executed by the Contracting Officer.

c. The Contract Specialist/Administrator, Ms. Jessica P. Adkisson, serves as the point of contact between the Contractor, Contracting Officer and Contracting Officer’s Representative (COR); however, does not have a warrant that provides the authority to contractually commit the Government.

d. The Contracting Officer's Representative (COR) is a Government personnel designated in writing by the Contracting Officer to act as the technical advisor for the Contracting Officer for items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the authorities and limitations of the COR under the contract.

Continuation of SF 1449 - Block 18b/Invoice Submission

“Electronic submission of Invoices is mandatory”

1. The contractor shall submit invoices for services via Coast Guard Finance Center (FINCEN)

Website at: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

2. The web submission requires the Contractor to complete the Invoice Receipt Cover Form, select the Invoice Routing Code, and attach a PDF file of the invoice and any other supporting documentation.

3. A sample of the Invoice Receipt Cover Form is provided below. Mandatory information to be completed is highlighted in red on website.

Invoice Routing Code:

(help)

Invoice Receipt Date:

(help)

Contract Number: (help) Invoice Number: (help)

Requisition Number:

(help) Invoice Date: (help)

Delivery/Task Order

Number: (help) Invoice Amount: (help)

Discount Terms: % Discount

Days Net Days (help) http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

Contractor Information Attachment of Official Invoice

Contractor Name: (help)

Submitter Name: (help)

Submitter Email: (help)

Submitter Phone: (help)

1. The Contractor must select the correct Invoice Routing Code for timely invoice processing.

The Invoice Routing Code for this contract is SILC PCB-3.

2. The Contractor shall attach a single PDF file no larger than 3MB as the official invoice.

3. Supporting documentation must be combined in a single PDF file or submitted to your contracting office separately via email. Supporting documentation must not exceed 999 pages.

4. A proper invoice shall have the following information clearly indicated on each invoice: (i)

Name and address of the Contractor; (ii) Invoice date and number (the Contractor is encouraged to date invoices as close as possible to the date of the mailing transmission); (iii)

Contract number, contract line item number and, if applicable the order number; (iv)

Description, quantity, unit of measure, unit price, and extended price of the items delivered or services performed; (v) terms of any discount for prompt payment offered; (vi) Name and address of official to whom payment is sent; (vii) Name, title, and phone number of person to be notified in the event of a defective invoice; (viii) Taxpayer Identification Number (TIN).

The Contractor shall include its TIN on the invoice; (ix) Electronic funds transfer (EFT) banking information; (x) DUNS number recorded on every invoice submitted.

5. A copy of the Invoice and Supporting documentation shall also be e-mailed to the assigned contract specialist, COR, and DOL-94 invoice support personnel prior to or immediately after submitting your invoice to the FINCEN as described above. Failure to do this may result in the delay of payment. These POCs will be given at time of award.

Continuation of SF 1449 - Block 19-24: Schedule of Supplies/Services

Base Year - 01 April 2021 through 31 May 2022

CLIN Schedule of Supplies/Services

Firm-Fixed Work: Refuse/Solid Waste

Containers Qty Unit Unit Price Total Price

00001

Task One - Collection and Disposal of Refuse, 16 8-yard containers as outlined in Section 2.2 of PWS 12 MO $ $

00002

Task Two - Collection and Disposal of Recyclable

Materials, 5 8-yard containers as outlined in

Section 2.3 of PWS 12 MO $ $

00003

Task Three - Cardboard Compactor Collection and

Disposal 2.4 of PWS 12 MO $ $

Unscheduled Work: Refuse Collection and

Disposal Fees (Estimated Quantity)

00004A Task Four -Delivery & Pickup of Bulk Waste

Containers 2.5 of PWS 55 EA $ $

00004B Task Four - Disposal Fee of Bulk Waste 2.6 of PWS 105 TN $ $

00005 Task Five - Collection and Disposal of Yard Waste

Containers 2.6 of PWS 15 EA $ $

00006 Task Six - Collection and Disposal of Galley Waste

2.7 of PWS 3 EA $ $

BASE YEAR TOTAL (ALL WORK) $_______________

Option Year One - 1 April 2022 through 31 May 2023

10001

Task One - Collection and Disposal of Refuse, 16 8-yard containers as outlined in Section 2.2 of PWS 12 MO $ $

10002

Task Two - Collection and Disposal of Recyclable

Materials, 5 8-yard containers as outlined in

Section 2.3 of PWS 12 MO $ $

10003

10004A Task Four -Delivery & Pickup of Bulk Waste

Containers 2.5 of PWS 55 EA $ $

10004B Task Four - Disposal Fee of Bulk Waste 2.6 of PWS 105 TN $ $

10005 Task Five - Collection and Disposal of Yard Waste

Containers 2.6 of PWS 15 EA $ $

10006

OPTION YEAR ONE TOTAL (ALL WORK) $_____________________

Option Year Two - 01 April 2023 through 31 May 2024

20001 Task One - Collection and Disposal of Refuse, 16 8-yard containers as outlined in Section 2.2 of PWS 12 MO $ $

20002

Task Two - Collection and Disposal of Recyclable

Materials, 5 8-yard containers as outlined in

Section 2.3 of PWS 12 MO $ $

20003

20004A Task Four -Delivery & Pickup of Bulk Waste

Containers 2.5 of PWS 55 EA $ $

20004B Task Four - Disposal Fee of Bulk Waste 2.6 of PWS 105 TN $ $

20005 Task Five - Collection and Disposal of Yard Waste

Containers 2.6 of PWS 15 EA $ $

20006

OPTION YEAR TWO TOTAL (ALL WORK) $___________________

Option Year Three – 01 April 2024 through 31 May 2025

OPTION YEAR THREE TOTAL (ALL WORK)

30001

Task One - Collection and Disposal of Refuse, 16 8-yard containers as outlined in Section 2.2 of PWS 12 MO $ $

30002

Task Two - Collection and Disposal of Recyclable

Materials, 5 8-yard containers as outlined in

Section 2.3 of PWS 12 MO $ $

30003

30004A Task Four -Delivery & Pickup of Bulk Waste

Containers 2.5 of PWS 55 EA $ $

30004B Task Four - Disposal Fee of Bulk Waste 2.6 of PWS 105 TN $ $

30005 Task Five - Collection and Disposal of Yard Waste

Containers 2.6 of PWS 15 EA $ $

30006

OPTION YEAR THREE TOTAL (ALL WORK) $___________________

Option Year Four - 01 April 2025 through 31 May 2026

Firm-Fixed Work: Refuse Collection Qty Unit Unit Price Total Price

40001

Task One - Collection and Disposal of Refuse, 16

8-yard containers as outlined in Section 2.2 of

PWS 12 MO $ $

40002

Task Two - Collection and Disposal of Recyclable

Materials, 5 8-yard containers as outlined in

Section 2.3 of PWS 12 MO $ $

40003

40004A Task Four -Delivery & Pickup of Bulk Waste

Containers 2.5 of PWS 55 EA $ $

40004B Task Four - Disposal Fee of Bulk Waste 2.6 of

PWS 105 TN $ $

40005 Task Five - Collection and Disposal of Yard Waste

Containers 2.6 of PWS 15 EA $ $

40006

OPTION YEAR FOUR TOTAL (ALL WORK) $__________________

TOTAL CONTRACT VALUE: BASE plus Four Option Years CLINS 00001 through 40006)

SECTION II – CONTRACT CLAUSES, TERMS AND CONDITIONS

Additional Full-Text Clauses:

FAR Clause 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018).

Clause is incorporated in full text with tailoring as specified pursuant to FAR 12.301 (b)(3).

As prescribed in 12.301(b)(3), insert the following clause:

Contract Terms and Conditions-Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

Paragraph (a), Inspection/Acceptance, is modified to add the following: Inspection under this contract will be accomplished by the Contracting Officer’s Representative ( COR) in accordance with the contract requirements. The place of acceptance on the Government’s behalf for services or supplies furnished under this contract is as follows:

Contracting Officer, DOL-94, Coast Guard Island, BLDG 54C, Alameda CA, 94501-5100.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR

52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common https://www.acquisition.gov/content/12301-solicitation-provisions-and-contract-clauses-acquisition-commercial-items#i1113145 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-1-disputes#i1048610 https://www.acquisition.gov/content/52202-1-definitions#i1063244 carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds

Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other

Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and

Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the https://www.acquisition.gov/content/52232-34-payment-electronic-funds-transfer-other-system-award-management#i1050705 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment

Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the

Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if– http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52212-5-contract-terms-and-conditions-required-implement-statutes-or-executive-orders-commercial-items#i52_212_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/33211-contracting-officer’s-decision#i1080268

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the

Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government https://www.acquisition.gov/content/32607-2-deferment-collection#i1081898 https://www.acquisition.gov/content/32608-2-interest-credits#i1081962 using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws

Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52212-5-contract-terms-and-conditions-required-implement-statutes-or-executive-orders-commercial-items#i52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Federal Contractor Registry (FCR)

(1) The contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data with the FCR database, and for any liability resulting from the Government’s reliance or inaccurate or incomplete data. To remain registered in the FCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of the initial registration or subsequent updates its information to ensure it is current, accurate and complete. Updating information in the FCR does not alter the terms and conditions of this contract and is not a substitute for properly executed contractual document.

(2) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirement regarding novation and change-of-name agreements, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the FCR Database

(B) Comply with the requirements of Subpart 42.12 of the FAR

(C) Agree in writing to the timeline and procedures specified by the responsible

Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(D) If the Contractor fails to comply with the requirements of paragraph (t)(2) of this clause, or fails to perform the agreement at (t)(2)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the FCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “suspension of

Payment” paragraph of the electronic funds transfer (EFT) clause if this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the FCR record to reflect an assignee for the purpose of assignment of claims. Assignees shall be separately registered in the FCR database. Information provided to the Contractor’s FCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment”

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at https://www.sam.gov or by calling 1-800-985-7658, Press 2.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

FAR Clause 52.217-8 Option to Extend Services. 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 30 Calendar Days.

FAR Clause 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 30 calendar days of the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause)

FAR Clause 3052.215-70 Key personnel facilities (DEC 2003).

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

The Key Personnel or Facilities under this Contract:

USCG Academy, New London, CT government facilities

FAR Clause 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/these address(es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far

Homeland Security Acquisition Regulation (HSAR): https://www.dhs.gov/publication/hsar

FAR 52.202-1 Definitions Jun-2020

FAR 52.203-3 Gratuities Apr-1984

FAR 52.203-12

Limitation on Payments to Influence Certain

Federal Transactions Jun-2020

FAR 52.204-4

Printed or Copied Double-Sided on Postconsumer

Fiber Content Paper May-2011

FAR 52.204-9

Personal Identity Verification of Contractor

Personnel Jan-2011

FAR 52.204-18

Commercial and Government Entity Code

Maintenance Jul-2016

FAR 52.204-25

Prohibition on Contracting for Certain

Telecommunications and Video Surveillance

Services or Equipment Aug-2019

FAR 52.212-4

Contract Terms and Conditions -- Commercial

Items Oct-2018

FAR 52.223-2

Affirmative Procurement of Biobased Products

Under Service And Construction Contracts. Sep-2013

FAR 52.223-3

Hazardous Material Identification and Material

Safety Data Alternate I (Jul 1995) Jan-1997

FAR 52.223-5

Pollution Prevention and Right-to-Know

Information May-2011

FAR 52.223-6 Drug-Free Workplace May-2001

FAR 52.223-10 Waste Reduction Program May-2011

FAR 52.223-17

Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts Aug-2018

FAR 52.225-13 Restriction on Certain Foreign Purchases Jun-2008

FAR 52.228-5 Insurance-Work on a Government Installation Jan-1997

FAR 52.229-3 Federal, State, and Local Taxes Feb-2013

FAR 52.232-18 Availability of Funds Apr-1984

FAR 52.232-40

Providing Accelerated Payments to Small Business

Subcontractors Dec-2013

FAR 52.237-2

Protection of Government Buildings, Equipment and Vegetation Apr-1984

FAR 52.237-3 Continuity of Services Jan-1991

FAR 52.242-13 Bankruptcy Jul-1995

FAR 52.242-15 Stop Work Order Aug-1989

FAR 52.248-1 Value Engineering Jun-2020

HSAR 3052.211-70 Index for Specifications Dec-2003

HSAR 3052.222-70

Strikes or Picketing Affecting Timely Completion of the Contract Work Dec-2003

HSAR 3052.223-70

Removal or Disposal of Hazardous Substances –

Applicable Licenses and Permits (30 days) Jun-2006

HSAR 3052.223-90 Accident and Fire Reporting (USCG) Dec-2003

FAR 52.252-6 - Authorized Deviations in Clauses. (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Homeland Security Acquisition Regulation

(HSAR) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

HSAR Clause 3052.212.70 Contract Terms and Conditions Applicable to DHS Acquisition of

Commercial Items (Sep 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Clauses.

_X__ 3052.204-71 - Contractor Employee Access.

_X__ 3052.205-70 - Advertisement, Publicizing Awards, and Releases.

_X__ 3052.228-70 - Insurance.

_X__ 3052.242-72 - Contracting Officer’s Representative.

DHS Class HSAM Deviation, Limitation of Government’s Obligation

The following clause provides for incremental funding and is a deviation to HSAM 3032.702(e). It is applicable during the event of a continuing resolution to fund government operations enacted by Congress until the regular appropriation is enacted. It would be applicable in this event during the base or any subsequent option years. In addition, written notice will be provided in specific contract modifications.

(a) Contract line item(s) listed below are incrementally funded or fully funded as shown in the below table.

For these item(s), the sum of $ * of the total price is presently available for payment and allotted to this contract. This funding table will be updated in each contract action that provides additional funds, if any.

(Amounts below will be added by each incremental funding modification when issued)

CLIN CLIN Price

Currently Allotted

Funding

Funds Required for

Complete Funding

(b) For item(s) identified in paragraph (a) as not fully funded, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement of authorized termination costs in the event of termination of those item(s) for the Government’s convenience, does not exceed the total amount currently allotted to the items not fully funded under the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The total amount payable by the

Government in the event of such termination of those contract line item(s) identified in paragraph (a) above includes costs, profit, and estimated/negotiated termination settlement costs for those item(s). The

Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the line items of the contract regardless of anything to the contrary in any other clause, such as the clause entitled “Termination for Convenience of the Government” or paragraph (l) entitled “Termination for the Government’s Convenience” of the clause at FAR 52.212-4, “Commercial Terms and Conditions-

Commercial Items.”

(c) Notwithstanding paragraph (i) of this requirement, the Contractor will notify the Contracting Officer in writing at least thirty days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this contract. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract authorizing termination for the convenience of the government, such as the clause entitled “Termination for Convenience of the Government” or paragraph (l) entitled

“Termination for the Government’s Convenience” of the clause at FAR 52.212-4, “Commercial Terms and

Conditions-Commercial Items.”

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a), the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a).

(f) The termination provisions of paragraphs (a) through (i) do not limit the rights of the Government under the clause entitled “Default” or “Termination for Cause.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a). This clause no longer applies once the contract is fully funded.

(g) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government” or paragraph (l) entitled

“Termination for the Government’s Convenience” of the clause at FAR 52.212-4, “Commercial Terms and

Conditions-Commercial Items.”

(h) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(i) The parties contemplate that the Government will allot funds to this contract from time to time as the need arises and as funds become available. There is no fixed schedule for providing additional funds.

Contractor’s Releases.

The Government may require the Contractor to complete Contractor’s Releases (DHS Form 700-3 or an equivalent form) at the completion of the contract.

Other Government Contracts or Agreements:

The Government may undertake, award, obtain or enter into, other contracts or agreements to augment these services. The Contractor shall cooperate fully with such other Contractors, augmentees and

Government employees. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other Contractor, augmentee, or Government employees, or with the proper execution of Government business.

Contractor employees and visitors (post-award access to government facilities):

All personnel employed by the Contractor (including subcontractors) in the performance of this contract or any representative of the Contractor entering the Government installation, shall abide by all applicable security regulations and shall be subject to such security checks as may be deemed necessary by the

Government. The Government reserves the right to direct the Contractor to remove from performance under this contract any employee for misconduct or security reasons. This will not relieve the Contractor from contract performance, or allow for any equitable adjustment to the contract. Contractor employees shall not receive visitors without the express permission of the Contracting Officer, COR, or Security

Officer. Contractor employees shall not loiter in any working, patron, or otherwise unauthorized area.

Modification proposals – price breakdown:

The Contractor, in connection with any proposal for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the price breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment and all other costs. The proposal shall cover all work involved in the modification, whether such work was deleted, added, or changed. Any item claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes time extension, a justification therefore shall also be furnished. The proposal together with the price breakdown and the time extension justification shall be furnished by the date specified by the Contracting Officer 52.222-19

Use of alcoholic beverages/drugs:

The use, possession or sale of alcoholic beverages or illegal drugs by Contractor personnel while on duty is strictly prohibited. The Contractor shall immediately remove any employee who uses, possesses, or sells alcohol or drugs while on duty. Removal of the employee for such causes does not relieve the Contractor of the requirement to provide sufficient personnel to adequately perform services.

Contractor performance evaluations:

a. In accordance with FAR Subpart 42.15, Contractor Performance Information, the Contractor’s performance will be evaluated throughout the contract period.