FINAL_SOLICITATION_PACKAGE.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2118858P45012

PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

70Z08518Q40008B00

6. SOLICITATION ISSUE

DATE

8/3/2018

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Kelly Wyatt, Contracting Officer

b. TELEPHONE NUMBER (No collect calls)

410-582-4720

8. OFFER DUE DATE/

LOCAL TIME

2:00 PM EST;

8/27/2018

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: 336611

BUSINESS EDWOSB

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8 (A)

USCG Surface Forces Logistics Center

C&P2-IBCT

2401 Hawkins Point Road Bldg. #31, Lower Level Baltimore, MD 21226-5000

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING N/A

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Page 10 Travis Spires, Contracting Officer

410-762-6058 Travis.A.Spires@uscg.mil

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE

TELEPHONE NO.

See Pages 10-11

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Attached Pages 2 through 41

25. ACCOUNTING AND APPROPRIATION DATA

To be funded under individual delivery orders

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

REQUIREMENTS

27a. SOLICITATION INCORPORATES BY REFERENCE 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

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

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: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

KELLY A. WYATT

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212 mailto:Kelly.A.Wyatt@uscg.mil

ADDEDNUM TO STANDARD FORM 1449

SCHEDULE OF SUPPLIES/SERVICES

BACKGROUND

The purpose of this contract is to acquire Contractor services to the current Governors installed on the Isotta Fraschini Motori (IFM) Model V1312T1-MLH-KC Main Propulsion Diesel Engines for the USCG inland construction tenders and river tenders to analyze and identify experienced premature failures due to excessive shipboard and engine vibrations, provide recommendation(s) for possible installation and testing of a replacement Governor in accordance with the attached Performance Work Statement, Attachment 1.

TYPE OF CONTRACT

This is a commercial fixed-price Requirements contract, consisting of one (1) 12-month base period and two (2) 12-month option periods. A requirements-type contract is defined in Federal Acquisition Regulation (FAR) Clause 52.216-21, Requirements, Pages 14-15.

ORDERING

a. All supplies/services or supplies shall be ordered by the issuance of individual delivery orders. Refer to FAR Clause 52.216-18, Ordering, Pages 13-14.

b. Any Coast Guard warranted Contracting Officer is authorized to issue orders under this contract.

OPTIONS

Each option extending the term of this contract shall be for a period of 12-months year from the effective date of each option, if exercised.

QUANTITIES

The quantities shown for all CLINS reflect estimated quantities only.

ADDENDUM TO STANDARD FORM 1449

SCHEDULE OF SUPPLIES/SERVICES

BASE YEAR

DEFINITE ITEMS

CLIN 0001 – Vibration Analysis Plan – For Approval - (Required for the base period only) – Contractor shall develop, and submit for approval, a Vibration Analysis Plan in accordance with Section 2.1 of the Performance Work Statement.

1 Job @ $_____________ = $____________

CLIN 0002 – Operational Testing and Vibration Samplings - Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items to conduct a vibration analysis on one

(1) each 65’ WLR, 75’ WLR, and 75’ WLIC River Tender to determine root cause of vibrations and submit a report in accordance with Sections 2.2 through 2.4 of the Performance Work Statement.

CGC KICKIPOO Vicksburg, MS 1 Job $____________________

CGC SCIOTO Keokuk, Iowa 1 Job $____________________

CGC MALLET Corpus Christi, TX 1 Job $____________________

OPTION ITEMS – If approved, the Government anticipates installation of replacement Governor systems to be completed within the base year period. However, this is dependent upon funds availability and cutter availability.

CLIN 0003 – REPLACEMENT GOVERNOR SYSTEM – contingent upon Government approval to replace Governor system.

Proto-types (2 per vessel) = Estimated 6 each $ __________________ = $________________

CLIN 0004 – PROTOTYPE INSTALLATION – Contractor shall provide all personnel, equipment, supplies, facilities, tools, materials, supervision, and other items to complete a proto-type installation on one (1) each 65’ WLR, 75’ WLR, and 75’ WLIC in accordance with Section 2.5 of the Performance Work Statement.

3 Jobs @ $______________ = $_______________

CLIN 0005 – POST INSTALLATION VIBRATION ANALYSIS TESTING AND REPORTING –

PROTOTYPE - Contractor shall provide all personnel, equipment, supplies, facilities, tools, materials, supervision, and other items to complete post installation vibration analysis testing and reporting in accordance with Section 2.6 of the Performance Work Statement.

3 Jobs @ $______________ = $_______________

CLIN 0006 – GOVERNOR REPLACEMENT SYSTEM INSTALLATION – FLEET INSTALLATION -

Contractor shall provide all personnel, equipment, supplies, facilities, tools, materials, supervision, and other items to complete installation on the remaining 65’ WLR, 75’ WLR, and 75’ WLIC fleet in accordance with Section 2.5 of the

Est. 21 Jobs @ $______________ = $_______________

CLIN 0007 – POST INSTALLATION VIBRATION ANALYSIS TESTING AND REPORTING – FLEET

INSTALLATION - Contractor shall provide all personnel, equipment, supplies, facilities, tools, materials, supervision, and other items to complete post installation vibration analysis testing and reporting in accordance with Section 2.6 of the Performance Work Statement.

Est. 21 Jobs @ $______________ = $_______________

CLIN 0008 – Travel – the Contractor shall, to the maximum extent practicable, minimize overall travel costs by taking advantage of discounted airfare rates available through advance purchase. Charges associated with itinerary changes and cancellations under nonrefundable airline tickets are reimbursable as long as the changes are driven by the work requirement. Travel performed for personal convenience or daily travel to and from the contractor’s normal work site shall not be reimbursable. Cost for transportation, lodging, meals, and incidental expenses incurred shall be reimbursed in accordance with FAR 31.205-46. The USCG shall not reimburse indirect costs such as G&A, burdens, or miles on personal car to and from the airport. , or labor costs to and from the travel destination.

A Wage Rate Determination shall be requested at the time each task order is issued for each location where performance is to take place.

OPTION YEAR 1 – The Government anticipates installation of replacement Governor systems to be completed within the base year period. However, this is dependent upon funds availability and cutter availability. The estimated quantities in this option year period are contingent on the number of installations completed during the base year period.

CLIN 1003 – REPLACEMENT GOVERNOR SYSTEM – contingent upon Government approval to replace

Fleet installation (2 per vessel) = Est. 22 each @ $_________________ = $________________

CLIN 1006 – GOVERNOR REPLACEMENT SYSTEM INSTALLATION – CONTINUATION OF FLEET

INSTALLATION - Contractor shall provide all personnel, equipment, supplies, facilities, tools, materials, supervision, and other items to complete installation on the remaining 65’ WLR, 75’ WLR, and 75’ WLIC fleet in accordance with Section 2.5 of the Performance Work Statement.

Est. 11 Jobs @ $______________ = $_______________

CLIN 1007 – POST INSTALLATION VIBRATION ANALYSIS TESTING AND REPORTING –

CONTINUATION OF FLEET INSTALLATION - Contractor shall provide all personnel, equipment, supplies, facilities, tools, materials, supervision, and other items to complete post installation vibration analysis testing and reporting in accordance with Section 2.6 of the Performance Work Statement.

Est. 11 Jobs @ $______________ = $_______________

CLIN 1008 – Travel – the Contractor shall, to the maximum extent practicable, minimize overall travel costs by taking advantage of discounted airfare rates available through advance purchase. Charges associated with itinerary changes and cancellations under nonrefundable airline tickets are reimbursable as long as the changes are driven by the work requirement. Travel performed for personal convenience or daily travel to and from the contractor’s normal work site shall not be reimbursable. Cost for transportation, lodging, meals, and incidental expenses incurred shall be reimbursed in accordance with FAR 31.205-46. The USCG shall not reimburse indirect costs such as G&A, burdens, or miles on personal car to and from the airport. , or labor costs to and

A Wage Rate Determination shall be requested at the time each task order is issued for each location where

SECOND OPTION PERIOD

The Government anticipates installation of replacement Governor systems to be completed within the base year period. However, this is dependent upon funds availability and cutter availability. The estimated quantities in this period are contingent on the number of installations completed during the base year and first option periods.

CLIN 2003 – REPLACEMENT GOVERNOR SYSTEM – contingent upon Government approval to replace

Fleet installation (2 per vessel) = Est. 20 each @ $_________________ = $________________

CLIN 2005 – POST INSTALLATION VIBRATION ANALYSIS TESTING AND REPORTING –

PROTOTYPE - Contractor shall provide all personnel, equipment, supplies, facilities, tools, materials, supervision, and other items to complete post installation vibration analysis testing and reporting in accordance with Section 2.6 of the

Est. 10 Jobs @ $______________ = $_______________

CLIN 2006 – GOVERNOR REPLACEMENT SYSTEM INSTALLATION – CONTINUATION OF FLEET

INSTALLATION - Contractor shall provide all personnel, equipment, supplies, facilities, tools, materials, supervision, and other items to complete installation on the remaining 65’ WLR, 75’ WLR, and 75’ WLIC fleet in accordance with Section 2.5 of the Performance Work Statement.

CLIN 2007 – POST INSTALLATION VIBRATION ANALYSIS TESTING AND REPORTING –

CONTINUATION OF FLEET INSTALLATION - Contractor shall provide all personnel, equipment, supplies, facilities, tools, materials, supervision, and other items to complete post installation vibration analysis testing and reporting in accordance with Section 2.6 of the Performance Work Statement.

CLIN 2008 – Travel – the Contractor shall, to the maximum extent practicable, minimize overall travel costs by taking advantage of discounted airfare rates available through advance purchase. Charges associated with itinerary changes and cancellations under nonrefundable airline tickets are reimbursable as long as the changes are driven by the work requirement. Travel performed for personal convenience or daily travel to and from the contractor’s normal work site shall not be reimbursable. Cost for transportation, lodging, meals, and incidental expenses incurred shall be reimbursed in accordance with FAR 31.205-46. The USCG shall not reimburse indirect costs such as G&A, burdens, or miles on personal car to and from the airport. , or labor costs to and

A Wage Rate Determination shall be requested at the time each task order is issued for each location where

PRESERVATION, PACKAGING AND MARKING

PRESERVATION, PACKAGING, AND MARKING

PACKAGING: Each Governor shall be individually packaged in its own heavy fiberboard box and be fitted with sufficient blocking to prevent shifting during shipping and handling. All components that make up a CLIN, including mounting hardware, shall be placed in the same container/box and secured in such a manner as not to become separated.

MARKING: Each container shall be marked, in legible black lettering, with the following information:

Item Name Part Number/Model Number Gross Weight Contract Number Delivery Order Number Quantity and Unit of Issue Condition “A” - U.S. Coast Guard SFLC Material

INSPECTION AND ACCEPTANCE

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 www.acquisition.gov.

NUMBER TITLE DATE

52.246-16 Responsibility for Supplies APR 1984

U.S. COAST GUARD INSPECTION AND ACCEPTANCE (DESTINATION)

Inspection and acceptance of each Governor shall take place at Destination and shall be contingent upon verification of no damage during transit. Inspection and acceptance of installation and testing services shall be contingent upon successful installation, operation, and testing, as witnessed by a Government representative.

http://www.acquisition.gov/

FAR 52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984) – FOR GOVERNOR SYSTEM ONLY

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government’s right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor’s signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor’s expense.

(d) The certificate shall read as follows:

I certify that on ______ [insert date], the ____ [insert Contractor’s name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: _____________________________ Signature: _____________________________________ Title: _________________________________________

DELIVERIES OR PERFORMANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1988)

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 www.acquisition.gov.

NUMBER TITLE DATE

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

FAR 52.211-8 TIME OF DELIVERY (JUNE 1997)

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

REQUIRED DELIVERY SCHEDULE

CLIN 0001 – Vibration Analysis Plan - Preliminary

14 calendar days after Post Award Conference

Government Review 7 calendar days after receipt CLIN 0001 – Vibration Analysis Plan - Final 14 calendar days after receipt of Government comments.

CLIN 0002 – Site visits - Prototype 45 calendar days after receipt of delivery order CLIN 0004 – Governor 30 calendar days after receipt of each delivery order CLIN 0005 – Prototype Installation 30 days after receipt of each delivery order CLIN 0006 – Post Prototype Installation Testing

Testing - Concurrent with installation Report – 14 calendar days after completion of installation

CLIN 0007 – Fleet Installation 30 calendar days after receipt of delivery order CLIN 0008 – Post Fleet Installation Testing Testing - Concurrent with installation

Report – 14 calendar days after completion of installation

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

CLIN 0001 – Vibration Analysis Plan - Preliminary

___ calendar days after Post Award Conference

Government Review 7 calendar days after receipt CLIN 0001 – Vibration Analysis Plan - Final ___ calendar days after receipt of Government comments.

CLIN 0002 – Site visits - Prototype ___ calendar days after receipt of delivery order CLIN 0004 – Governor ___ calendar days after receipt of each delivery order CLIN 0005 – Prototype Installation ___ days after receipt of each delivery order CLIN 0006 – Post Prototype Installation Testing

Testing - Concurrent with installation Report – ___ calendar days after completion of installation

CLIN 0007 – Fleet Installation ___ calendar days after receipt of delivery order CLIN 0008 – Post Fleet Installation Testing Testing - Concurrent with installation

Report – ___ calendar days after completion of installation

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated.

Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the ward through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer may be determined unacceptable and may be rejected.

PLACE OF DELIVERY – DESTINATION

Each Governor shall be delivered to each cutter. See Attachment 2 for addresses. Contractor shall be responsible for F.O.B. Destination delivery to each location. Contractor shall provide a signed delivery ticket for each Governor to the Contracting Officer.

CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION

The Contracting Officer or authorized representative, Travis Spires, located at the U.S. Coast Guard Surface Forces Logistics Center, C&P2-IBCT, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, shall be the contract administrator of this contract.

INVOICING REQUIREMENTS

(a) All information set forth in FAR Clause 52.212-4(g) must be included in an invoice for it to constitute a proper invoice.

(b) An original invoice shall be submitted to the payment office designated below, and a copy shall be sent to the Contract Administrator (with travel receipts and trip reports if applicable). Each invoice shall contain the following information:

Name and address of the Contractor (the name on the invoice must match the name on the task order Contract Number, Task Order Number, Document Number Invoice Number and Invoice Date Period of performance covered by the invoice Description of supplies and/or services Quantity, Unit, and Total Prices Terms of any discount for prompt payment, if offered Name and address of official to who payment is to be sent Name, title, phone number, and email address of person to notify in event of defective invoice DUNS Number Tax Identification Number Name of Contract Specialist or Contracting Officer Invoice Routing Code (IRC): SFLC-2 Annotate on the invoice whether the contractor represents a small business for accelerated payment purposes.

Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference:

FINCEN Website invoice receipt form: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

Mail to:

Commercial Invoices U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326

To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe .pdf formatted file. A maximum of approximately ninety-nine (99) .pdf pages may be submitted at a time.

In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received on the latter of:

For invoices that are mailed, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

On the date placed on the invoice by the contractor, if/when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

On the date of delivery, if/when the contract specifies that the delivery ticket may serve as an invoice.

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

Web based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice. Payment inquiries and status may be obtained at the following website:

https://www.fincen.uscg.mil/secure/payment.htm

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER

INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE

For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice.

NAME: ____________________________

TITLE: ________________________________________________________

ADDRESS: ____________________________

TELEPHONE NUMBER: __________________

EMAIL ADDRESS: ________________________

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

(a) The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer’s Representative acting within the limits of their authority.

A Contracting Officer’s Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

(b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments or referenced drawings and/or specifications contained herein.

CONTRACTING OFFICER’S AUTHORITY

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

REQUIRED STANDARD OF WORKMANSHIP

Unless otherwise specifically provided in this contract, the quality of all supplies and services rendered hereunder shall conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies and services shall be rendered or supervised directly by individuals fully qualified in the relevant profession, trade, or field, and holding any licenses required by law.

https://www.fincen.uscg.mil/secure/payment.htm

CONTRACTOR PERFORMANCE EVALUATION

(a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offerors past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.1502. All information contained in this assessment may be used, within the limitations of FAR 42.1502, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 60 days to respond to the SFLC’s assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system.

(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.

(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (JAN 2017)

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 www.acquisition.gov.

NUMBER TITLE DATE

52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016

CONTRACT APPROVAL

This contract is subject to the written approval of the Chief of Contracting Office, U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, and shall not be binding until so approved.

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies or services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of contract award through a period of sixty months.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor –

(1) Any order for a single item in excess of $100,000.00.

(2) Any order for a combination of items in excess of $100,000.

(3) A series of orders from the same ordering office within thirty (30) calendar days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at 52.216-21 of the Federal Acquisition Regulation (FAR), the Government is not required to order a part of any one requirement from the Contractor if that requirements exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after contract expiration.

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor thirty (30) calendar day prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar 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 thirty-six

(36) months.

FAR 52.203-17, CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENTS

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEPT 2013)(DHS-USCG DEVIATION

14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

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

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

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

3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF

COMMERCIAL ITEMS (SEP 2012)

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

(a) Provisions.

____3052.209-72 Organizational Conflicts of Interest.

____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.

(b) Clauses.

____3052.203-70 Instructions for Contractor Disclosure of Violations.

____3052.204-70 Security Requirements for Unclassified Information Technology Resources.

____3052.204-71 Contractor Employee Access.

____Alternate I ____3052.205-70 Advertisement, Publicizing Awards, and Releases.

____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) _X___3052.217-95 Liability and Insurance. (USCG) ____3052.217-96 Title. (USCG) ____3052.217-97 Discharge of Liens. (USCG) ____3052.217-98 Delays. (USCG) _X___3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG) ____3052.217-100 Guarantee. (USCG) _X___3052.219-70 Small Business Subcontracting Plan Reporting.

____3052.219-71 DHS Mentor Protégé Program.

_X___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.

____3052.242-72 Contracting Officer’s Technical Representative.

____3052.247-70 F.o.B. Origin Information.

____Alternate I ____Alternate II

____3052.247-71 F.o.B. Origin Only.

__X__3052.247-72 F.o.B. Destination Only.

3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 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.

3052.223-90 ACCIDENT AND FIRE REPORTING (DEC 2003)

(a) The Contractor shall report to the Contracting Officer any accident or fire occurring at the site of the work that causes:

(1) A fatality or the loss as much as of at least one lost workday on the part of any employee of the Contractor or subcontractor at any tier;

(2) Damage of $1,000 or more to Federal real or personal property; either real or personal;

(3) Damage of $1,000 or more to Contractor or subcontractor owned or leased motor vehicles or mobile equipment; or

(4) Damage for which a contract time extension may be requested.

(b) Accident and fire reports required by paragraph (a) above shall be accomplished by the following means:

(1) Accidents or fires resulting in a death, hospitalization of five or more persons, or destruction of Federal real or personal property, the total value of which is estimated at $100,000 or more, shall be reported immediately by telephone to the Contracting Officer or his/her authorized representative and shall be confirmed by telegram, facsimile or e - mail transmission within 24 hours to the Contracting Officer. Such telegram or facsimile transmission shall state all known facts as to extent of injury and damage and as to cause of the accident or fire.

(2) Other accident and fire reports required by paragraph (a) above may be reported by the Contractor using a state, private insurance carrier, or Contractor accident report form which provides for the statement of:

(i) The extent of injury; and

(ii) The damage and cause of the accident or fire.

Such report shall be mailed or otherwise delivered to the Contracting Officer within 48 hours of the occurrence of the accident or fire.

(c) The Contractor shall assure compliance by subcontractors at all tiers with the requirements of this clause.

FAR 52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

(JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-

235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] _X__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

_X__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

_X__ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

_X__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

_X__ (22) 52.219-28, Post Award Small Business Program…