A00001 Combined Synopsis_Sol 12022024.pdf

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in FAR 12, Acquisition of Commercial Items, FAR Subpart 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-01, effective 11 November 2024.

This requirement is issued as a 100% TOTAL SMALL BUSINESS SET-ASIDE

The applicable North American Industry Classification Standard Code is 713940. The small business size standard is $17.5M.

All responsible small business sources may submit a quotation, which shall be considered by the agency.

These services are being solicited under RFQ Number 70Z08425QDL930001.

PLEASE CAREFULLY READ AND COMPLETE THE ENTIRE SOLICITATION

DOCUMENT.

The following information is highlighted for your attention:

1. Be sure to complete all required prices set forth in the Schedule of Pricing, Unit Price and

Total Amount information required

2. Be sure to read FAR Provision 52.212-1 Instruction to Offerors – Commercial Items.

3. Be sure that your offer reaches this office by the time and date specified and/or any amendments thereto.

QUESTIONS:

Questions shall be submitted by 12:00 PM ET, 6 December 2024 via email to the Contract

Specialist, Lisa Daum at Lisa.A.Daum@uscg.mil and Tina Ford at Tina.M.Ford@uscg.mil.

Telephone questions will not be accepted. 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 SAM.gov website for viewing by all potential offerors.

DUE DATE:

Quote shall be submitted by 12:00 PM ET, Monday, 16 December 2024 via email to Lisa Daum, Lisa.A.Daum@uscg.mil. Facsimile submission is not authorized under this announcement.

mailto:Lisa.A.Daum@uscg.mil mailto:Lisa.A.Daum@uscg.mil

FAILURE TO COMPLETE THE SOLICITATION DOCUMENTS AND AMENDMENTS

AS REQUIRED MAY RESULT IN DELAY OF AWARD OR DETERMINATION THAT

YOUR OFFER IS NOT RESPONSIVE.

*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.).*

SCHEDULE OF SUPPLIES/SERVICES

Requirements: The contractor shall provide fitness center services/memberships for U.S. Coast

Guard personnel working in an around the Norfolk, VA area for a Base Year and four (4) 12-month Option Periods, as described hereto, in accordance with the following (1) Statement of

Work (SOW); (2) Terms and Conditions (clauses/provides); and (3) Schedule of Services.

Procuring Contracting Office: The U.S. Department of Homeland Security, U.S. Coast Guard, LOGCOM 932, 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 LOGCOM-932

Contracting Officer.

Contracting Officer: Tina M. Ford Telephone #: (757) 639-4874

E-Mail: Tina.M.Ford@uscg.mil

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: Lisa A. Daum, Contract Specialist Telephone #: (757) 628-4490

E-Mail: Lisa.A.Daum@uscg.mil

SCHEDULE OF PRICING

The Contractor shall provide 375 gym memberships per year. With a base period of 16 February

2024 through 15 February 2025, with (4) 12-month option periods; if exercised by the

Government ending 15 February 2029, Firm Fixed Price (FFP) services with all labor, materials, personnel, equipment, and supervision in accordance with the Statement of Work.

mailto:Tina.M.Ford@uscg.mil

BASE PERIOD: 16 FEBRUARY 2025 - 15 FEBRUARY 2025

CLIN Description Unit Unit Price

Fitness Center Services for U.S. Coast Guard

Personnel Per Membership $

OPTON PERIOD ONE: 16 FEBRUARY 2025 - 15 FEBRUARY 2026

Fitness Center Services

OPTON PERIOD TWO: 16 FEBRUARY 2026 - 15 FEBRUARY 2027

Fitness Center Services

OPTON PERIOD THREE: 16 FEBRUARY 2027 - 15 FEBRUARY 2028

Fitness Center Services

OPTON PERIOD FOUR: 16 FEBRUARY 2028 - 15 FEBRUARY 2029

Fitness Center Services

The following attachments apply to this solicitation:

Attachment A – Terms and Conditions

Attachment B – Technical Capability Statement

Attachment C – Schedule of Pricing

STATEMENT OF WORK / SPECIFICATION

1.0. INTRODUCTION

The U. S. Coast Guard Force Readiness Command (FORCECOM) is procuring fitness center services for Coast Guard personnel working in the downtown area of Norfolk, VA.

2.0. SCOPE OF SUPPORT

The objective of this effort is to acquire athletic memberships to assist the Coast Guard in meeting physical training and fitness requirements by providing needed facilities for Coast

Guard personnel that are not otherwise available and are similar to Government facilities that are normally available throughout the Coast Guard.

2.1. The contractor shall provide memberships for use by both active duty, civilian, and activated reservists assigned to the locations specified in paragraph 3.1.4.

2.2. The Coast Guard estimates purchasing 375 passes annually.

3.0. REQUIREMENTS

3.1. General Requirements

3.1.1. The contractor shall provide all labor, equipment, tools, management, and supervision necessary to provide athletic club/fitness center facilities. Coast Guard personnel using a Coast

Guard purchased membership shall have access to all services available to other private and corporate members of the athletic club/fitness center.

3.1.2. Facilities shall be open seven days a week. Monday-Friday hours of operation shall be at a minimum 0600-1900.

3.1.3. In order to support the Coast Guard’s mission effectively, the Contractor’s fitness staff shall be knowledgeable in general fitness programs and fitness plan/ goal development as well as have in depth knowledge on the safe use of the equipment contained in the Contractor’s facility.

The Contractor’s facility must facilitate core fitness activities that contribute to total fitness including, cardiovascular fitness, strength conditioning, and flexibility. As a minimum, the following fitness programs/equipment must be offered: Cardiovascular Equipment and Strength

Conditioning Equipment. The facility shall have clean, well ventilated, operating showers, secure lockers, and separate men/women locker rooms.

3.1.4. The Contractor’s facility shall be located within five miles from one or more of the following locations:

300 East Main Street Norfolk, VA 23510

5505 Robin Hood Road, Norfolk, VA 23513

510 Independence Parkway Chesapeake, VA 23320

If the location of the contactor’s facility is greater than one mile but less than five miles from the closest Government facility listed above, then the contractor’s facility shall have off street parking available for patrons at no extra charge to the Government.

3.1.5. Full membership benefits in the fitness facility shall include:

• All standard commercial services offered by the fitness facility.

• Unlimited access during normal operating hours.

3.1.6. The Contractor shall provide the U.S. Coast Guard with individually serialized membership passes and shall provide replacement passes if a pass is damaged, lost, or stolen at no charge to the government. Passes shall not be issued to individual U.S. Coast Guard personnel in the individual employee’s name. The U.S. Coast Guard shall be responsible for managing a checkout system to track possession and usage of passes by its personnel. Each individual pass may be used multiple times per day by one employee; however, each individual pass shall not be used by more than one employee per calendar day. The contractor may request to see identification denoting employment by the U.S. Coast Guard when passes issued under this contract are utilized.

TERMS AND CONDITIONS

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 and CC the Contracting Officer. 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 at

OPAP@uscg.mil and the Contracting Officer: solicitation/contract number, contracting office, Contracting Officer’s name, solicitation closing date (if applicable), and their concerns.

mailto:OPAP@uscg.mil

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, and CC the Contracting Officer in all communications.

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 emailed to OPAP@uscg.mil and 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.

Payment Instructions

The Coast Guard will process invoice payment requests for your award through the Invoice

Processing Platform (IPP) at https://www.ipp.gov/ . IPP is a government-wide, secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury's Bureau of the Fiscal Service. It is effective for use on

November 17,2021 for new awards with FY-22 obligations established on or after October

1,2021 and requires enrollment if you are not yet enrolled.

The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov if your entity is not already enrolled in IPP:

1. The first email will have the IPP Logon ID and a link to the IPP application.

2. A second email, which will be sent within 24 hours of the first email, contains an IPP password. Once your contact receives these emails, please ensure they log into IPP and complete the registration process. Training materials that address all IPP capabilities are available on the

IPP website after login.

Once registered to use IPP, your company may submit payment requests, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads.

The e-mail notification of payment is sent when a payment is distributed to your bank account and may include the following payment information:

Date of payment, dollar amount, invoice number, paying agency, payee name, and ACH trace number.

IPP Customer Support is available to assist users of the system and can answer your questions related to accessing IPP or completing the registration process.

https://www.acquisition.gov/?q=browsefar https://www.acquisition.gov/?q=browsefar mailto:OPAP@uscg.mil https://www.ipp.gov/ mailto:ipp.noreply@mail.eroc.twai.gov

• Toll-free number: 866-973-3131

Email address: IPPCustomerSupport@fiscal.treasury.gov

• Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am - 6:00 pm

ET

A Proper Invoice Shall include:

(a) Name and Address of Contractor;

(b) Invoice Date and Invoice Number;

(c) Order Number, Block #3 of this order;

(d) Description, Quantity, Unit Price and Extended Amount;

(e) Contractor UEI (Unique Entity ID) Number;

(f) Terms of any prompt payment discounts offered;

(g) Name and Phone Number of person to contact, in case of errors on the invoice.

**FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE DELAY OF PAYMENT.

USCG Tax Exempt: B-239641

Copies of invoices shall also be emailed to the Contract Specialist and the COR

TERMS AND CONDITIONS:

FAR 52.212-4 Contract Terms and Conditions –Commercial Products and Commercial Services (NOV 2023)

ADDENDUM to FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial

Services

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 https://acquisition.gov/browsefar.

The following clauses are incorporated into 52.212-4 as an addendum:

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (DHS-USCG DEVIATION 14-01 Rev 1) Apr 2024

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 10 U.S.C. 4701 and Homeland Security Acquisition Regulation

(HSAR) 3.900 (DEVIATION) through 3.905 (DEVIATION).

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 4701, as described in

HSAR 3.900 (DEVIATION) through 3.905 (DEVIATION).

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.

(End of clause)

FAR 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, of

Operational Logistics Command (LOGCOM) and shall not be binding until so approved.

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Nov 2020 Developed or

Provided by Kaspersky Lab and Other Covered Entities (DEVIATION 20-05) (JUL 2024) Rev 3

(a)Definitions. As used in this clause mailto:IPPCustomerSupport@fiscal.treasury.gov https://acquisition.gov/browsefar

"Covered article" means any hardware, software, or service that

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

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

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

"Covered entity" means

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

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

(b)Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.

115-91) prohibits Government use of any covered article. The Contractor is prohibited from

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

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

(c)Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the

Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's

Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

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

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

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

(End of Clause)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (DEVIATION 20-05) (DEC 2020) Rev 3

(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 mailto:Incidents@hq.dhs.gov https://dibnet.dod.mil/ 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);

(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 excludes the need to include an internal or third-party audit.

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

“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the

Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting

Officer, Contracting Officer’s Representative, and the Network Operations Security Center (NOSC) at

NDAA_Incidents@hq.dhs.gov , with required information in the body of the email. In the case of the Department of

Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the

Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting

Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of

Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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

FAR 52.217-9 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 thirty (30) days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty

(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 sixty

(60) months.

FAR 52.333-3 Protest after Award (Aug 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR

33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stop-page. Upon receipt of the final decision in the protest, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the

Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the

Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-https://dibnet.dod.mil/

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage;

provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the

Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting

Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government’s rights to terminate this contract at any time are not affected by action taken under this clause.

(f) If, as the result of the Contractor’s intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or

33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the

Contractor and the Government.

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial & Government Entity Code Maintenance

AUG 2020

52.204-19 Incorporation by Reference of Representations and Certification DEC 2014

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services NOV 2023

52.217-8 Option to Extend Services NOV 1999

52.219-6 Notice of Total Small Business Set-Aside NOV 2020

52.232-18 Availability of Funds APR 1984

52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023

FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.

Authorized Deviations in Clauses (Nov 2020)

(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.

https://acquisition.gov/browsefar https://www.acquisition.gov/far/part-52#FAR_52_107

(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation (48 CFR 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Homeland Security Acquisition Regulation (HSAR) Clauses

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

2023)

The full text of HSAR Clauses and Provisions may be accessed electronically at http://acquisition.gov

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:

Clauses:

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

3052.215-70, Key Personnel or Facilities.

3052.217-93, Subcontracts. (USCG).

3052.242-72, Contracting Officer’s Representative.

3052.249-90, Contract Termination (USCG).

Electronic Submission of Payment Requests (FSMS Awards)

(a) Definitions. As used in these instructions -

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR

32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available must be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 must be provided.

(b) Except as provided in paragraph (c) of this clause, the contractor must submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information is available at www.ipp.gov or any successor site.

(c) The contractor may submit payment requests using a method other than IPP only when the contracting officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(d) If alternate payment procedures are authorized, the contractor must include a copy of the contracting officer's written authorization with each payment request.

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

(f) Receiving Official: Sid Garber

•Invoice Approver Official: Sid Garber

•Contracting Officer’s Representative: Sid Garber

FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

(OCT 2023) (Deviation 24-02).

(a) Definitions. As used in this clause— United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.). Worker –

(1)(i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive

Order 14026, and– (A) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C.

http://acquisition.gov/ https://www.uscg.mil/fincen/IPP/ chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements

(Construction) statute (40 U.S.C. chapter 31, subchapter IV); (B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and (C)

Regardless of the contractual relationship alleged to exist between the individual and the employer. (ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) . (iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship

Agency recognized by the Office of Apprenticeship. (2)(i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and (ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract. (b) Executive Order Minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022. (2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The

Administrator of the Department of Labor’s Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any successor website), and a general notice on all wage determinations issued under the Service Contract Labor

Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O.

minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract. (3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs

(including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers’ compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit. (ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment. (iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor

Standards statute or the Wage Rate Requirements (Construction) statute. (4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period.

Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. (6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker’s wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions. (7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof. (8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart. (9) The Contractor shall pay the E.O.

minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. (10)

The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips. (c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition– (i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker; (ii)

Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and (iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered. (2) This clause does not apply to— (i) Contracts or subcontracts to which the States of Texas, Louisiana, or Mississippi, including their agencies, are a party; (ii) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e., those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(iii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements

(Construction) statute. These individuals include but are not limited to— (A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a); (B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b); and (C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541). (d) Notice.

The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable

E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor

Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/agencies/whd/government-contracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any

Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. (e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker: (i) Name, address, and social security number; (ii) The worker’s occupation(s) or classification(s); (iii) The rate or rates of wages paid; (iv) The number of daily and weekly hours worked by each worker; (v) Any deductions made; and (vi) Total wages paid. (2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer. (3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the

Administrator. (4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 23.260 and this contract.

Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected. (5) Nothing in this clause limits or otherwise modifies the Contractor’s payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate

Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law. (f) Access. The

Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours. (g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause. (h) Disputes. Department of Labor has set forth in 29 CFR 23.510, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor’s compliance with Department of Labor regulations at 29 CFR part 23. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the

Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives. (i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding. (j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers. (k) Subcontracts.

The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements

(Construction) statute, and are to be performed in whole or in part in the United States.

FAR 52.252-6 Authorized Deviations in Clauses (Nov 2020)

(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.

Provision by Full Text

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract , subcontract , or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services —

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products or Commercial Services.