70Z08422QBB910600 RFQ.pdf

SOLICITATION RFQ 70Z08422QBB910600

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

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

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests.

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

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

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

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

If the protest is filed with an external forum, the agency protest will be dismissed.

mailto:OPAP@uscg.mil

COMBINED SYNOPSIS/SOLICITATION NUMBER: 70Z08422QBB910600

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

The U.S. Coast Guard, COCO, Director of Operational Logistics (DOL-9), Base Procurement and Contracting (DOL-95), will acquire the services outlined in the solicitation utilizing procedures in FAR Part 12, Acquisition of Commercial Items and FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items.

This solicitation is issued as a “Total Small Business” set aside. The NAICS code is 488390 with a size standard of $41.5 million.

THE FOLLOWING INFORMATION IS HIGHLIGHTED FOR YOUR ATTENTION

1. This cover sheet is not intended to be all-inclusive. Please read the entire solicitation, including any attachments, to ensure completion of all required representations, certifications, and submissions. Acknowledge all Solicitation Amendments (SF-

30) issued by the Government.

2. Your offer shall include ALL of the documents and information listed on pages 28- 29 (FAR Provision 52.212-1, (b) Submission of Offers); and your offer shall be received by this office at or before December 30, 2021, 12:00 p.m. Eastern, to be eligible for award. Also, see FAR Provision 52.212-2 (page 36 - 37) for Evaluation Factors.

3. Submit your offer, with all required documentation to Contract Specialist, Vicente Macho, email address:

Vicente.M.Macho@uscg.mil

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

5. This solicitation does not obligate the Government to compensate for any costs incurred by the Offeror in the preparation and/or submission of any offer, nor does it obligate the Government to procure for said services or supplies.

6. QUESTIONS/CONCERNS: It shall be the obligation of the offeror to exercise due diligence to discover and to bring to the attention of the Government any ambiguities, inconsistencies, or concerns regarding the information in this solicitation. All questions/concerns regarding this solicitation shall be submitted in writing (NO phone calls) to the Contract Specialist at Vicente.M.Macho@uscg.mil no later than (December 21, 2021) 12:00 PM Eastern. Follow-up/additional questions will not be accepted after this date. Offerors shall reference the solicitation number and provide enough information in their e-mail so the Government can easily respond to their questions/concerns. All questions/concerns will be compiled and addressed on an “Amendment of Solicitation” (SF-30) and will be posted on the beta.sam.gov website for viewing by all potential offerors.

*Only send questions/concerns to the Contract Specialist listed above 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 (e.g., COR, program/project manager, etc.).* http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P306_50579 mailto:Vicente.M.Macho@uscg.mil

CONTINUATION SHEET FOR:

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

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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.

Procuring Contracting Office: The U.S. Department of Homeland Security, U.S. Coast Guard, COCO, Director of Operational Logistics (DOL-9), Base Procurement and Contracting (DOL-95), 300 East Main Street, Suite 900, Norfolk, VA 23510-9112 is authorized to order supplies/services stated herein. Communications pertaining to contractual matters shall be addressed to one of the Contracting Officers (KO) listed below. Changes in, or deviations from, the statement of work or terms and conditions of the contract shall not be effected without written modification to the contract as executed by a USCG COCO, Director of Operational Logistics (DOL- 9), Base Procurement and Contracting (DOL-95), Contracting Officer.

Contracting Officer: Courtney Baker-Williams Telephone #: (757) 628-4042 E-Mail: Courtney.Baker-Williams@uscg.mil Fax #: (757) 628-4135

Alternate Contracting Officer(s): Any warranted USCG COCO, Director of Operational Logistics (DOL-9), Base Procurement and Contracting (DOL-95).

Point of Contact: Serves as the point of contact between the Contractor and the Contracting Officer(s); however, this person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

Point of Contact: Vicente Macho, Contract Specialist Telephone #: (757) 628-4490 E-Mail: Vicente.M.Macho@uscg.mil Fax #: (757) 628-4135 mailto:Courtney.Baker-Williams@uscg.mil

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INVOICE PROCEDURES

Electronic submission of invoices is mandatory for this contract and/or any orders issued in accordance with this contract.

1. The Contractor shall submit all invoices for supplies or services via the U.S. Coast Guard Finance Center (FINCEN) website at https://www.uscg.mil/fincen.

(a) Select “Submitting Invoices” under “Vendors” on the right hand side of the screen.

(b) Select “Coast Guard Vendors”

(c) Select “Coast Guard Award Invoices or Contract/Order Invoice” (‘24’ document)

(d) Select “Online: Coast Guard Award Invoices or Contract/Order Invoices “

(e) Go to Step 3 (if contractor has already created a PDF invoice) to complete the “Contractor Invoice Submission Form”.

2. The electronic submission requires the contractor to:

(a) Complete the Contractor Invoice Submission Form

(b) Select the correct Invoice Routing Code, which is SILC PCB-4 (the Contractor must select the correct Invoice Routing Code for timely invoice processing.)

(c) Attach a single PDF file, which can be no larger than 3 MB, containing the invoice and any necessary supporting documentation. (Grey-scale PDFs and Portfolio PDFs are not compatible.)

(d) If your single PDF file is larger than 3 MB:

• Complete the Contractor Invoice Submission Form via the website and attach the invoice document only, then

• E-mail the invoice and any supporting documentation to vicente.m.macho@uscg.mil.

3. The Contractor shall submit a proper invoice as identified in FAR Clause 52.212-4, (g) Invoice. All invoices shall be itemized to correlate to the Schedule of Supplies/Services. All improper invoices will be rejected which could delay payment.

4. A sample Contractor Invoice Submission Form is provided below. Mandatory information to be completed is highlighted in red on the website.

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Schedule of Supplies/Services

Services Required/Place of Performance: The Contractor shall furnish all labor, material, and equipment to provide and operate vessel or vessels in support of the U.S. Coast Guard Aviation Training Program at U.S. Coast Guard Air Station Traverse City, MI for a Base Period of one (1) year plus four (4) one-year option periods, if exercised, in accordance with the Statement of Work, all the terms and conditions of the contact, and in accordance with the following:

INDEFINITE DELIVERY REQUIREMENT TYPE CONTRACT

Any services to be furnished under this contract shall be ordered by issuance of task orders.

CLIN Schedule Of Supplies/Services EST

Quantity Unit Unit

Price EST Total Amount

Base Year : 1 January 2022 (or date of award) through 31 December 2022

00001 Provide and Operate Vessel or Vessels in Support of Helicopter hoisting operations IAW the SOW

110 Training Blocks

Option Year One: 1 January 2023 through 31 December 2023

10001 Provide and Operate Vessel or Vessels in Support of Helicopter hoisting operations IAW the SOW

110 Training Blocks

Option Year Two: 1 January 2024 through 31 December 2024

20001 Provide and Operate Vessel or Vessels in Support of Helicopter hoisting operations IAW the SOW

110 Training Blocks

Option Year Three: 1 January 2025 through 31 December 2025

30001 Provide and Operate Vessel or Vessels in Support of Helicopter hoisting operations IAW the SOW

110 Training Blocks

Option Year Four: 1 January 2026 through 31 December 2026

40001 Provide and Operate Vessel or Vessels in Support of Helicopter hoisting operations IAW the SOW

110 Training Blocks

ESTIMATED CONTRACT TOTAL: $

Note: The unit price for this requirement shall only include the cost for a standard training block. The standard training block will be two and a half (2 ½) hours of contract vessel on scene time, not transit time to/from the training site from the contractor’s mooring/docking location. As a result, the contractor will only be paid for the actual training blocks used under this contract. If training goes beyond the standard 2.5 hour session, it shall be billed in 30 minute segments at an equally proportionate rate of the 2.5 hour session. No single training session shall exceed six hours. The Government will not be obligated to pay the contractor for unused training blocks under this contract. Example: 110 training blocks are projected for the year, but only 100 are used. The Government is not obligated to pay the remaining 10 blocks.

Firm-Fixed Prices shall include all costs to provide the service/supplies, which includes all applicable Federal, State, and local taxes and duties in accordance with FAR Clause 52.212

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STATEMENT OF WORK / SPECIFICATION

USCG Aviation Training Requirements Coast Guard Air Station Traverse City

1. Scope of Work: This Statement of Work describes the vessel and personnel required to support U.S. Coast

Guard Air Station Traverse City, MI. The contractor will be responsible for providing and operating a vessel in support of the U.S. Coast Guard’s aviation training program. Specifically, the equipment necessary for the vessel to support helicopter hoisting operations.

2. Background: One of the Coast Guard’s primary missions is Search and Rescue. In order for the Air Station to fulfill this mission, it is necessary to conduct helicopter hoists of equipment and rescue swimmers to/from underway vessels and to/from the water. These skill sets require both initial and proficiency training for Coast Guard pilots and aircrews. This training requires small boat support.

3. Vessel Description: The vessel shall be no shorter than 36 feet and no longer than 65 feet in length and shall have at least a 10 foot beam. The maximum draft of the vessel shall not exceed 4 feet. Vessel gross weight shall be a minimum of 8 tons.

a. Other Characteristics: The vessel must be capable of easily recovering personnel from the water.

The minimum required speed for the vessel is 0 knots or “dead in the water”. The vessel must have the endurance to maintain 10 knots transit speed for a minimum of 3 hours; 15 knots for 3 hours desired.

The vessel must be capable of maintaining a heading of +/- 10 degrees at 5 knots while operating under a large helicopter producing 90 knots of rotor downwash in varying sea states and winds. An extremely shallow draft vessel is undesirable due to drift characteristics when subjected to rotor downwash. The vessel must have no permanent structures protruding higher than 20 feet above the water line which cannot be quickly stowed (e.g., antennas).

b. Required Deck Area: The minimum deck area is 60 sq ft on the aft (fantail) portion of the vessel to allow crew members to safely conduct operations. The deck area must be free of all obstructions.

c. Vessel Equipment: The vessel shall have. At a minimum, all equipment required by law including a fathometer, VHF-FM multiple frequency capable 2 way marine radio with specified frequencies/channels (13, 16, 21, 22, 23, 81, 83) and minimum ranges (20nm), a cell phone for secondary communications to the Air Station Traverse City Operations Center, GPS and a long distance high beam search light.

d. Safety Equipment: The vessel shall be outfitted with a contractor furnished first aid kit and approved

Type III personal flotation devices for crew and passengers. Survival suits shall be provided, by the contractor, as needed for crew members allowing them to operate on the weather deck / under rotor downwash continuously in cold temperatures. The contractor shall provide helmets, gloves, goggles, hearing/ear protection, for use by crew members during helicopter hoisting operations. Helmets configured with radio capabilities are desired to increase communication between the vessel and aircrew, but are not required. Anticipate that static electricity charge from the helicopter will be encountered. The vessel shall demonstrate the means to dissipate electrical charge through a grounding wand to the water or to the vessel.

e. Required Docking/Mooring Facilities: It is desirable for the contractor to be able to moor and operate their vessel out of East and West Bay, and provide berthing accommodations for the crew.

The vessel shall be located within a 30 minute transit time from the geographical areas of operation.

f. Vessel Maintenance: The contractor shall operate and maintain the vessel, all equipment and systems in accordance with the original equipment manufacturer’s technical manuals and specifications, United States Coast Guard regulations and any applicable federal, state, and/or local regulations.

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4. Personnel: All contractor personnel are required to be U.S. citizens or legal residents of the United States.

a. Point of Contact: The contractor shall provide a point of contact who shall be available to discuss work performed under this contract during the normal working day and periods of underway time. The point of contact shall be able to read, write, and speak English fluently.

b. Crew: Minimum vessel crew shall consist of a coxswain and two deckhands. Each of the crew members shall be capable of operation and maneuvering the vessel during helicopter hoist operations and any required rescue operations. The training vessel shall also be able to accommodate two Coast Guard members in addition to required crew.

c. Coxswain: The coxswain shall be licensed, at a minimum, for the size of the vessel being operated, including the carriage of six passengers, shall be qualified in CPR and speak English Fluently.

d. Deckhands: The deckhands shall be knowledgeable in shipboard operations, rigging for helicopter operations and deck seamanship.

e. Qualifications: Contractor shall attain a minimum set of standard qualifications for each Coxswain and Deckhand approved by the Coast Guard prior to execution of the contract. Contractor shall maintain a list of qualified personnel. Unqualified personnel cannot perform unsupervised during hoisting operations.

5. Operational Requirements / Site: The schedule required and the operating site is as follows:

a. Normal Schedule: Contractor will provide services from 01 April 2022 through 31 December 2022.

Due to seasonality and ice development, these dates may be modified for safety of boat operations with concurrence from both the Contractor and Coast Guard Air Station Traverse City. The contractor will be paid by the session. A session is defined as 2.5 hours of on scene time and will not include transit time to or from the dock. The session will start when the contract boat is on scene at the agreed place of training. On scene time commences either: (1) when the contract boat arrives at the specified training site and no sooner than the scheduled time, or, (2) when the Coast Guard arrives on scene and requests for training to commence, whichever happens first. The Coast Guard will provide specific times for services and the specific on scene location within the area of operation a minimum of 24 hours in advance. Additional training sessions may be conducted at any frequency, to include multiple sessions per day, to accommodate surge training requirements on a schedule mutually agreed upon by the parties.

b. Area of Operation: The area of operations will be mutually agreed upon by both parties, which may be not greater than 10NM of the shoreline and within a 20NM radius of Coast Guard Air Station Traverse City (Grand Traverse Bay); operating in the southern portion of East and West Bay during all times of the contract period.

c. Official Passengers: The contractor shall accommodate the transport of Coast Guard Rescue

Swimmers and/or other official persons designated by the Operations Officer during contracted sessions. Typically the Official Passengers will embark and disembark from the contract boat at the contractor’s mooring/docking location.

d. Operational log: The contractor shall maintain a log of all operations, which includes dates, location, time, duration and type of evolutions being performed. The log shall be passed to Air Station Traverse City’s Supply Officer on a monthly basis within 5 days of the end of the month.

e. Communications during Operations: The contractor shall ensure that the vessel contacts Air Station

Traverse City’s operations watch stander at intervals not to exceed 30 minutes while engaged in aviation training services.

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f. Weather Criteria: The vessel must be capable of completing training requirements in sea states of up to 5 feet and sustained wind speeds of up to 35 knots. Visibility for operations must be at least 2NM.

g. Functions / Tasks: The contractor shall support training operations for the hoisting and/or delivery of equipment from government aircraft. These objects may be delivered directly to the contract vessel or dropped into the water for retrieval. The contractor shall also serve as an on scene search and rescue and rescue assist during helicopter rescue swimmer deployment evolutions and helicopter approaches to the water. The training to be conducted will be both initial for new aviators/aircrews and proficiency maintenance for experienced aviators/aircrews.

6. Performance Evaluation Meetings: The contractor’s project manager shall meet when requested with the

Operations Officer and Supply Officer (or representatives) during the duration of the contract to discuss performance problems and review contractor corrective actions. The operational log will also be used to verify the contractor’s timely arrival on station. If the contractor fails to meet the scheduled training events or is unable to complete the training activity, the frequency of not fulfilling the scheduled requirements may be the basis for a monetary deduction in the charter hire. Meetings will be held thereafter at intervals to be established by the Operations Officer and/or Supply Officer.

7. Communication Procedures: The government shall provide/assign VHF communication frequencies for contractor use. The contractor shall provide a cell phone on board for secondary communications with Air Station Traverse City Operation Center. Deckhands will be able to monitor communications between helicopter and boat while on deck, and while helicopter is overhead.

8. Pre-Award Inspection and Evaluation: A successful quote by a potential contractor will require an inspection and underway/on-scene evaluation of performance characteristics in Traverse City, MI to ensure that the vessel meets the requirements indicated in the statement of work. Contractors shall anticipate background checks of personnel operating the vessel. Additionally, personnel operating the vessel will be encouraged not to discuss specifics of Coast Guard training characteristics or training performance with personnel outside the government.

9. Orientation Briefing & Training: The Coast Guard shall provide an orientation brief and initial training for key contract personnel prior to the contract start date. The orientation and training will include at a minimum; safe boating practices, vessel hoisting operations, rescue swimmer operations, dewatering pump delivery operations, etc. The Coast Guard shall also provide semi-annual refresher training on the same items.

10. Invoicing for Service: A set payment will be established for a standard 2.5 hour training session, and a proportionally set rate for any hour, or fraction thereof, for training that extends beyond the training session. Training will end when the Coast Guard departs the scene. In the event the Coast Guard does not use the full scheduled session, the contractor will still be paid for a full standard training session. If training goes beyond the standard 2.5 hour session, it shall be billed in 30 minute segments at an equally proportionate rate of the 2.5 hour session. No single training session shall exceed six hours. Any unused training blocks at the end of the contract will be forfeited and the Government will retain any unused funds.

(Reference FAR 12.403, Termination for the Governments Convenience.)

11. Training Block Cancellations: Any cancellation made by the Coast Guard one hour prior to the scheduled training block start time shall not be invoiced for service. The training block may be rescheduled and used without penalty at a later date. Any training block cancellation due to exceeding weather criteria or operational precedence may be rescheduled and used without penalty at a later date.

The contractor or coxswain must notify the Coast Guard one hour prior to the scheduled training session start time if weather exceeds parameters. If cancellation notification is made by the Coast Guard after the contract vessel is underway, the contractor may bill the Coast Guard for transit time at the same proportionate overage rate in 30 minute increments as discussed in section 10.

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12. Insurance: Contractor is responsible for ensuring they have adequate liability insurance coverage under FAR 28.306(a-2).

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CONTRACT CLAUSES

FAR CLAUSE 52.212-4: Contract Terms and Conditions-Commercial Items (Nov 2021)

(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 re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance 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.

(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 Federal Acquisition Regulation (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 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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

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(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 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–

(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.

https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 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/far/52.212-5#FAR_52_212_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/33.211#FAR_33_211 https://www.acquisition.gov/far/32.607-2#FAR_32_607_2

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(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 FAR 32.608-2 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 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.

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(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.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(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.

ADDENDUM TO FAR CLAUSE 52.212-4; the following paragraphs are added to the clause.

(w) 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 and/or each order.

(x) Contractor Performance Evaluations.

(1) In accordance with FAR Subpart 42.15, Contractor Performance Information, the Contractor's performance may be evaluated throughout the contract (and task/delivery order) period of performance. The results will be compiled and reported in a Contractor Performance Report for use by this agency and other government agencies for future source selection decisions. The report will be compiled jointly by the Contracting Officer's Representative (COR) and the Contracting Officer. The Contracting Officer will forward the report to the Contractor for comments. In the case of a contract with option years, interim reports will be completed.

(2) The areas to be evaluated include, but are not limited to: Quality of Product or Service, Schedule, Cost Control, Business Relations, Management of Key Personnel, and Utilization of Small Business.

(3) Each area may be evaluated using the following scale: Exceptional, Very Good, Satisfactory, Marginal and Unsatisfactory.

(4) The Contractor Performance Assessment Reporting System (CPARS) may be used for all performance evaluations. Copies of the reports will be maintained in the CPARS database and in hard copy in the official contract file.

(5) The results of the report will be provided to the Contractor who will be given a period of thirty (30) days to review and provide comments. All comments will be considered by the Contracting Officer and reviewed in accordance with FAR 42.1503. The report will be marked "Source Selection Information" and safeguarded ‘for official use only’ in accordance with Federal Acquisition Regulation Part 3.104. Since there is a limitation of 2000 characters for each area evaluated, there may be an occasion that all evaluations and comments be manually https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

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(End of clause)

FAR Clause 52.203-17: Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

FAR Clause 52.204-1: Approval of Contract (DEC 1989).

This contract is subject to the written approval of a Contracting Officer from the United States Coast Guard, Shore Infrastructure Logistics Center (SILC) and shall not be binding until so approved.

FAR Clause 52.204-25: Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(a) 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 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

(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–

(1) 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;

(3) 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);

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(4) 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);

(5) 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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (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…