70Z08425QDL950017_0_US.pdf
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- Solicitation number
- 70Z08425QDL950017
About this file
This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) issued by the United States Coast Guard for Mess Attendant Services. The contract covers a base period from July 1, 2025 through June 30, 2026, with four additional option periods extending through June 30, 2030, each with a 12-month duration. The solicitation is set aside as a 100% Women-Owned Small Business (WOSB) contract, with a North American Industry Classification System (NAICS) code of 722310 and a size standard of $47 million.
The procurement seeks mess attendant services to be performed at the Sector Field Office Eastern Shore, with a lowest price technically acceptable evaluation methodology. Offerors must submit quotes by May 12, 2025, at 12:00 PM Eastern Standard Time via email. The contract will be firm-fixed-price, and contractors must comply with various federal regulations, including minimum wage requirements, trafficking in persons prevention, and sustainable product procurement. The solicitation includes detailed provisions for small business representation, contractor qualifications, and specific performance requirements for mess attendant services.
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WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
STOCK RECORD (S/R)
STANDARD FORM 1449 (REV. 11/2021) BACK
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
70Z08425QDL950017
TABLE OF CONTENTS:
Section II: Continuation of SF1449 Section III: Contract Clauses Section IV: List of Documents, Exhibits, and other Attachments Section V: Solicitation Provisions
Section II: Continuation of SF1449
Item Number Base Item Number
Supplies/Services Quantity Unit
0001 Base Period: 01 JULY 2025 THROUGH 30 JUNE 2026 Mess
Attendant Services
12 MO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
IDC Type: Not Applicable
Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address
7/1/25 6/30/26
Supplies/Services Quantity Unit
1001 Option Period One: 01 JULY 2026 THROUGH 30 JUNE 2027 Mess
Attendant Services
12 MO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
7/1/26 6/30/27
Supplies/Services Quantity Unit
2001 Option Period Two: 01 JULY 2027 THROUGH 30 JUNE 2028 Mess
Attendant Services
1 MO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
7/1/27 6/30/28
Supplies/Services Quantity Unit
3001 Option Period Three: 01 JULY
2028 THROUGH 30 JUNE 2029
Mess Attendant Services
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
7/1/28 6/30/29
Supplies/Services Quantity Unit
4001 Option Period Four: 01 JULY 2029 THROUGH 30 JUNE 2030 Mess
Attendant Services
12 MO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
7/1/29 6/30/30
Section III: Contract Clauses
Clauses incorporated by reference
Article Number Reference Text
52.203-19 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS (JAN 2017)
52.204-9 52.204-9 Personal Identity Verification of Contractor Personnel.
52.204-13 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-14 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)
52.204-18 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.204-19 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS (DEC 2014)
52.204-25 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
52.209-6 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING
WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR
VOLUNTARILY EXCLUDED (JAN 2025)
52.209-9 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING
RESPONSIBILITY MATTERS (OCT 2018)
52.209-10 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS (NOV 2015)
52.219-9 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2025)
52.222-3 52.222-3 CONVICT LABOR (JUNE 2003)
52.222-37 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)
52.222-40 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR
RELATIONS ACT (DEC 2010)
52.222-41 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)
52.222-43 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR
STANDARDS-PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (AUG
2018)
52.222-54 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2025)
52.222-62 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)
52.223-2 52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND
CONSTRUCTION CONTRACTS (MAY 2024)
52.223-23 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024)
52.226-8 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING (MAY 2024)
52.232-33 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD
MANAGEMENT (OCT 2018)
52.232-40 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (MAR 2023)
52.233-3 52.233-3 PROTEST AFTER AWARD (AUG 1996)
52.233-4 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.242-5 52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)
52.245-1 52.245-1 GOVERNMENT PROPERTY (SEP 2021)
Clauses incorporated by full text
INTRODUCTION/INDEX
The United States Coast Guard (USCG) has a requirement for Mess Attendant Services to be performed on site in the dining facility and galley area.
The USCG invites your company to submit a quote in accordance with this Request for Quote (RFQ). This Request for Quote is issued, and award will be made, in accordance with the Federal Acquisition Regulation (FAR) Subpart 8.4, Federal Supply Schedule. FAR Parts 13, 14 and 15 are not applicable to this RFQ or any resultant Order. Accordingly, the USCG will not engage in determining a "competitive range", nor conduct "discussions", or "debriefings". However, the USCG reserves the right to obtain additional information and/or request quote revisions from only one offeror or any number of offerors.
ORDER ADMINSTRATION DATE/ INVOICE PROCEDURES
Order Administration/Management
Notwithstanding the Contractor's responsibility for total management during the performance of the Order, the administration of the Order 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.
Order Administration
The U.S. Coast Guard, Operational Logistics Command (LOGCOM-95), Regional Contracting Northeast, 300 East Main Street, Suite 965, Norfolk, VA 23510-9112 will perform all Order administration. Communications pertaining to contractual administrative matters for this Order shall be addressed to the Contracting Officers (KO) listed below. Changes in, or deviations from, the scope of work shall not be affected without written modification to the Order as executed by a Contracting Officer.
Primary Contracting Officer: Kristy Barnette
Telephone #: (252) 267-6450
E-Mail: Kristy.R.Barnette@uscg.mil
Alternate Contracting Officer(s): Any warranted USCG LOGCOM Contracting Officer
Order Administrator (Contract Specialist)
The Contract Specialist (KS) serves as the point of contact between the Contractor and the Contracting Officer for this Order;
however, this person does not have a warrant that provides the authority to contractually commit the Government and is not authorized to change any of the terms and conditions of the Order.
Contract Specialist: Tiffany Winbush
Telephone #: (757) 628-4263
E-Mail: tiffany.a.winbush@uscg.mil
Contracting Officer's Representative (COR)
The COR is a government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for items within the scope of this Order. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the authorities and limitations of the COR under the Order. A COR does not have a warrant that provides the authority to contractually commit the Government and is not authorized to change any of the terms and conditions of the Order.
LIST OF ATTACHMENTS
ATTACHMENT A- STATEMENT OF WORK
INSTRUCTIONS TO OFFERORS/ NOTICES/QUOTE FORMAT AND CONTENT
General Instructions
Offerors are expected to examine the entire Request for Quote (RFQ), including any amendments to this RFQ. Offerors shall furnish all of the information required by this RFQ, any omitted information will be considered unacceptable, and the quote may be rejected.
This RFQ does not obligate the Government to compensate for any costs incurred by the Offeror in the preparation and/or submission of any quote, nor does it obligate the Government to procure for said services or supplies.
Basis for Award.
Offerors are expected to examine the entire Request for Quote (RFQ), including any amendments to this RFQ. Offerors shall furnish all of the information required by this RFQ, any omitted information will be considered unacceptable, and the quote may be rejected.
This RFQ does not obligate the Government to compensate for any costs incurred by the Offeror in the preparation and/or submission of any quote, nor does it obligate the Government to procure for said services or supplies.
The Government intends to make award to the Lowest Price Technically Acceptable offeror.
Technically acceptable is defined as meeting/conforming to all the salient characteristics/requirements identified in the Technical Specifications. Only the lowest priced offer will be evaluated for Technical Acceptability. Should the lowest priced offer not receive an acceptable technical rating, the process will continue in order of lowest priced offer only until the lowest priced, technically acceptable offer is identified.
The Offeror's quote must comply in all material aspects with the requirements of law, regulations and conditions set forth in this Request for Quote (RFQ). The quote must meet all mandatory RFQ requirements. If an Offeror takes exception to any of the terms and conditions of the RFQ or fails to meet any of the requirements of the RFQ, then the Government may consider the offer to be unacceptable.
The offeror's initial quote should contain the offeror's best terms from a technical, price, and past performance standpoint.
The Government may request information from offerors to clarify certain aspects of offers or to resolve minor errors or clerical errors prior to award without discussions. The Government will evaluate each quote strictly in accordance with its content and will not assume that performance will include areas not specified in the offeror's written quote.
Quotes that are unrealistic in terms of technical response or price will be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risks of the proposed task order. Such quotes may be rejected as unacceptable without further discussions. In addition, the Government reserves the right to eliminate from consideration those quotes that are deficient in information as to require a major rewrite or revision in order to become acceptable.
However, the Government reserves the right to conduct discussions if determined by the Contracting Officer to be necessary.
Quote Due Date.
Quotes are due No Later than Monday, May 12th NLT 4:00 PM Eastern Standard Time.
Submission of Quotes/Offers.
Offerors shall submit a complete quote, as specified via email at or before the Quote Due Date. Do not submit quotes via document sharing websites.
Please confirm receipt of your quote by e-mailing Tiffany Winbush at tiffany.a.winbush@uscg.mil.
Period for Acceptance of Offers.
The offeror agrees to hold prices in its quote firm for 90 calendar days from the Quote Due Date, unless another time period is specified in an amendment to the RFQ.
Submission of 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 the Request for Quote.
All questions/concerns regarding this Request for Quote (RFQ) shall be submitted in writing (no telephone calls) to the Contract Specialist at tiffany.a.winbush@uscg.mil no later than Monday, 05 MAY 2025 12:00 PM Eastern Standard Time.
Follow-up/additional questions will not be accepted after this date.
Offerors shall reference the RFQ number and provide enough information in their e-mail so the Government can easily respond to their questions/concerns. All questions/concerns that are received in reference to this RFQ will be compiled and will be posted on the SAM.gov website for viewing by all potential offerors. Responses to questions/concerns will be available after the due date for questions/concerns has passed.
*DO NOT ask or submit questions/concerns regarding this RFQ to any other USCG or government personnel (e.g., COR, program/project manager, etc.). *
Quote Content
An Offeror shall submit a signed and dated quote/offer on company letterhead stationery that contains, at a minimum, the following sections information:
(1) Cover Page/Letter shall include the following at a minimum:
(Note: DO NOT include prices or costs of any items offered or the total quoted price on the Cover Page/Letter)
(a) The Request for Quote (RFQ) number;
(b) The Name, Address, Telephone Number, and Unique Entity ID Number of the Offeror.
(c) The Name, Title, Phone Number, and E-mail Address of an Authorized Official of the Offeror;
(d) Solicitation Number, contract period of performance and current option period;
(e) A statement specifying the following: We agree with all the terms, conditions, and provisions included in the Request for Quote (RFQ).
(2) Technical Section
(Note: DO NOT include prices or costs of any items in the Technical Section)
(f) Technical Approach and Understanding
Offeror shall submit a Technical Capability statement that specifically addresses the offeror's ability to meet all requirements and provide all the items listed in the Technical Specifications.
(g) Price and any discount terms.
a. Offers are required to propose on all contract line items, either by price or "NPS" (Not Separately Priced). A zero-dollar figure ($0.00) means the Offeror will provide the line item at no charge to the Government. A line-item price left blank will be considered unacceptable and may result in the quote not being considered for award.
(h) Acknowledgment of Solicitation Amendments (SF-30), if applicable.
Quote Format/Page Limit.
A complete quote shall be limited to 100 pages, excluding Solicitation Amendments (SF-30). Each "page" is one single-sided 8.5" x 11" sheet, with at least one-inch margins on all sides and using Times New Roman font size 12 or larger.
Each page shall be consecutively numbered. Each section of a quote shall be titled (e.g., "Price and Discount terms"). Tabs and divider sheets are not required; if used, they will not count towards the page limit.
Basis for Award (Lowest Price-Technically Acceptable) The Offeror's quote must comply in all material aspects with the requirements of law, regulation and conditions set forth in this Request for Quote (RFQ).
The quote must meet all mandatory RFQ requirements. If an Offeror takes exception to any of the terms and conditions of the RFQ or fails to meet any of the requirements of the RFQ, then the Government may consider the offer to be unacceptable.
Quotes shall set forth full, accurate, and complete information.
Evaluation Factors for Award The Government will award an Order resulting from this RFQ to the responsible offeror whose quote conforming to the RFQ will be the Lowest Price, Technically Acceptable Offer.
Technically acceptable is defined as the offeror's ability to meet or exceed (and understand) all the requirements identified in the Specifications. Only the lowest priced offer will be evaluated. This process will continue until a technically acceptable offer is identified; not all offers will be evaluated. The following factors shall be used to evaluated quotes: (1) Technical and (2) Price.
(1) Technical (Pass/Fail) The Government will evaluate the offeror's ability and method/approach to providing all the requirements in the Specification. Technical will be rated as the extent the offeror can clearly and fully demonstrate that is has a thorough understanding of the requirements and can successfully provide the requirements.
Offerors that cannot specifically address their ability and method/approach to providing all the requirements in the Specification or that do not submit a Technical Section with their offer may be rejected without further consideration.
(2) Price (Only the lowest priced technically acceptable offer will be evaluated on Price) Offerors are required to provide a unit price for all items. A zero-dollar figure ($0.00) unit price means the Offeror will provide the supply at no charge to the Government.
Unit prices left blank or annotated with something other than a dollar figure will be considered unacceptable and the Government has discretion whether to reject the offer without any further consideration.
The solicitation does not obligate the Government to compensate for any costs incurred by the Offeror in preparation and/or submission of any offer, nor does it obligate the Government to procure for said services/supplies.
INVOICE PROCEDURES/INSTRUCTIONS
In conjunction with the subject award, proper invoices will be submitted through the Invoice Processing Platform (IPP) at https://www.ipp.gov/. IPP is a secure web-based electronic invoicing system provided by the U.S. Department of the Treasury's Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.
Actions to take:
If you are already enrolled in IPP:
If your company is already registered to use IPP, you will not be required to re-register, and you do not need to contact IPP.
If you are NOT already enrolled in IPP:
The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov.
Please note that emails from this email address may filter into your spam or junk folder:
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 a temporary password.
Once your contact receives these emails, please ensure they log into IPP and complete the registration process.
Once registered to use IPP, your company may submit invoices electronically, 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.
Vendor training materials, including a first-time login tutorial, are available on the https://www.ipp.gov/ website.
Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities, ranging from creating and submitting an invoice to setting up email notifications. Live webinars are held monthly and provide a great opportunity to learn the basic of the system and to call in and ask the IPP team questions about the IPP application.
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.
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
SPECIAL CONTRACT REQUIREMENTS
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 order.
Contractor Performance Evaluations
(a) 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.
(b) The areas to be evaluated include, but are not limited to: Quality, Schedule, Cost Control, Management, Utilization of Small Business, and Regulatory Compliance.
(c) Each area may be evaluated using the following scale: Exceptional, Very Good, Satisfactory, Marginal and Unsatisfactory.
(d) 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.
(e) The results of the report will be provided to the Contractor who will be given a period of sixty (60) days to 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 addressed and maintained in the official contract file. If this is the case, each area will be annotated to contact the cognizant Contracting Officer for all evaluation documentation.
CLAUSES
The full text of FAR clauses may be accessed electronically at: http://www.acquisition.gov
The full text of HSAR clauses may be accessed electronically at: https://www.acquisition.gov/hsar
FAR CLAUSE 52.203-17 Contractor Employee Whistleblower Rights.
Contractor Employee Whistleblower Rights (Nov 2023)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905.
(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 FAR 3.900 through 3.905.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.
(End of clause)
FAR CLAUSE 52.203-17 Contractor Employee Whistleblower Rights (April 2024) (DHS-USCG DEVIATION 14-01, Revision 1)
(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 CLAUSE 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05)
(a) Definitions. As used in this clause-
"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);
(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 of2018 (50 U.S.C. 4817).
"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition. Section 889(a)(l)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph ( c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.
(c) Exceptions. This clause does not prohibit contractors from providing-
(!) 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 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 (d)(l) of this clause
(i) Within one business day from the date of such identification or notification:
the contract number; the order number( s ), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph ( d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph ( e ), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
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, Operational Logistics Command (LOGCOM) and shall not be binding until so approved.
(End of Clause)
FAR Clause 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) (48 CFR Chapter 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
FAR CLAUSE 52.232-9 Limitation on Withholding of Payments (Apr 1984).
If more than one clause or Schedule term of this contract authorizes the temporary withholding of amounts otherwise payable to the Contractor for supplies delivered or services performed, the total of the amounts withheld at any one time shall not exceed the greatest amount that may be withheld under any one clause or Schedule term at that time; provided, that this limitation shall not apply to-
(a) Withholdings pursuant to any clause relating to wages or hours of employees;
(b) Withholdings not specifically provided for by this contract;
(c) The recovery of overpayments; and
(d) Any other withholding for which the Contracting Officer determines that this limitation is inappropriate.
HSAR Clause 3052.209-70 Prohibition on Contracts with Corporate Expatriates (June 2006)
(a) Prohibitions.
Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.
(b) Definitions. As used in this clause:
Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.
Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.
Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—
(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;
(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—
(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or
| (ii) In the case of an acquisition with respect to a domestic | partnership, by former partners of the domestic partnership by | |
| reason of holding a capital or profits interest in the domestic | partnership; and |
(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.
Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.
(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.
(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:
(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or
| (ii) Stock of such entity which is sold in a public offering related to | an acquisition described in section 835(b)(1) of the | |
| Homeland | Security | Act, 6 U.S.C. 395(b)(1). |
(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.
(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.
(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C.
395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.
(e) Treatment of Certain Rights.
(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:
(i) warrants;
(ii) options;
(iii) contracts to acquire stock;
(iv) convertible debt instruments; and
(v) others similar interests.
(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.
(f) Disclosure. The offeror under this solicitation represents that [Check one]:
__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;
__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or
__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108- 7004.
(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.
(End of Clause)
FAR CLAUSE 52.232-9 Limitation on Withholding of Payments (Apr 1984).
If more than one clause or Schedule term of this contract authorizes the temporary withholding of amounts otherwise payable to the Contractor for supplies delivered or services performed, the total of the amounts withheld at any one time shall not exceed the greatest amount that may be withheld under any one clause or Schedule term at that time; provided, that this limitation shall not apply to-
(a) Withholdings pursuant to any clause relating to wages or hours of employees;
(b) Withholdings not specifically provided for by this contract;
(c) The recovery of overpayments; and
(d) Any other withholding for which the Contracting Officer determines that this limitation is inappropriate.
3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (JUL 2023)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:
(a) Provisions.
____3052.216–70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.
____3052.219–72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.
____3052.247–70 F.o.B. Origin Information.
____Alternate I
____Alternate II
____3052.247–71 F.o.B. Origin Only.
____3052.247–72 F.o.B. Destination Only.
(b) Clauses.
____3052.203–70 Instructions for Contractor Disclosure of Violations.
____3052.204–71 Contractor Employee Access.
____Alternate II
____3052.204–72 Safeguarding of Controlled Unclassified Information.
____3052.204–73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents.
__X__3052.205–70 Advertisement, Publicizing Awards, and Releases.
____3052.209–72 Organizational Conflicts of Interest.
____3052.209–73 Limitation on Future Contracting.
____3052.215–70 Key Personnel or Facilities.
____3052.216–71 Determination of Award Fee.
____3052.216–72 Performance Evaluation Plan.
____3052.216–73 Distribution of Award Fee.
____3052.217–91 Performance. (USCG)
____3052.217–92 Inspection and Manner of Doing Work. (USCG)
____3052.217.93 Subcontracts. (USCG)
____3052.217.94 Lay Days. (USCG)
____3052.217–95 Liability and Insurance. (USCG)
____3052.217–96 Title. (USCG)
____3052.217.97 Discharge of Liens. (USCG)
____3052.217–98 Delays. (USCG)
____3052.217–99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)
____3052.217–100 Guarantee. (USCG)
____3052.219–71 DHS Mentor Protégé Program.
____3052.228–70 Insurance.
____3052.228–90 Notification of Miller Act Payment Bond Protection. (USCG)
____3052.228–91 Loss of or Damage to Leased Aircraft. (USCG)
____3052.228.92 Fair Market Value of Aircraft. (USCG)
____3052.228–93 Risk and Indemnities. (USCG)
____3052.236–70 Special Provisions for Work at Operating Airports.
__x__3052.242–72 Contracting Officer's Representative.
____ HSAR 3052.249–90 Contract Termination (USCG).
52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (JUN 2010)
(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act).
(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts that are funded in whole or in part with Recovery Act funds.
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV
2021)
(a) Definitions. As used in this clause—
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
52.204-23 (DEVIATION) PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES
(DEVIATION 2020-05 Rev 3) (July 2024)
(a) Definitions.As used in this clause- Kaspersky Lab covered article means any hardware, software, or service that–
(1) Is developed or provided by a Kaspersky Lab covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.
Kaspersky Lab covered entity means–
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., "Kaspersky";
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b)Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-
91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—
(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and
(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c)Reporting requirement.
(1)IntheeventtheContractoridentifiescoveredarticleprovidedtotheGovernmentduringcontractperformance,ortheContractoris notifiedofsuchbyasubcontractoratanytierorbyanyothersource,theContractorshallreport,inwriting,via email,totheContracting Officer,ContractingOfficer'sRepresentative,andtheEnterpriseSecurityOperationsCenter(SOC)atNDAAIncidents@hq.dhs.gov, withrequiredinformationin thebodyoftheemail.InthecaseoftheDepartmentofDefense,theContractorshallreportto thewebsiteat https://dibnet.dod.mil.Forindefinitedeliverycontracts,theContractorshallreporttotheEnterpriseSOC,ContractingOfficerforthe indefinitedelivery contractandtheContractingOfficer(s) and Contracting Officer's Representative(s)foranyaffected order or,inthe caseoftheDepartment ofDefense,identifyboth theindefinite deliverycontract and anyaffectedorders inthe report provided athttps ://dibnet.dod.mil.
(2) The Contractor shallreport thefollowing information pursuant to paragraph (c)(1) of this clause:
(i)…
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