70Z08526QLREP0013_Solicitation_Rev1-posted.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

1. REQUISITION NUMBER

2. CONTRACT NUMBER

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

70Z08526QLREP0013

6. SOLICITATION ISSUE DATE

03/21/2026

7. FOR SOLICITATION INFORMATION CALL:

a.

NAME

JACOBS, Mr. ANDREW G b.

TELEPHONE NUMBER (No collect calls) 8.

OFFER DUE DATE/ LOCAL TIME

04/20/2026 12:00

9. ISSUED BY CODE 70Z085

10.

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

70Z085 CPD 2 - Oakland, CA Commander, USCG-SFLC-CPD 2, 1301 Clay Street, Suite 800N Oakland, CA, 94612, US

SMALL BUSINESS HUBZONE SMALL BUSINESS SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS (EDWOSB)

NORTH AMERICAN INDUSTRY CLASSIFICATION STANDARD (NAICS):

336611

SIZE STANDARD:

11. DELIVERY FOR FREE ON

12. DISCOUNT TERMS

(SDVOSB)

13a. THIS CONTRACT IS A

8(A)

13b. RATING

1300 employees

BOARD (FOB) DESTINATION

RATED ORDER UNDER

14. METHOD OF SOLICITATION REQUEST

UNLESS BLOCK IS MARKED SEE SCHEDULECODE

CODE

15. DELIVER TO

CODE

16. ADMINISTERED BY

70Z085 See Schedule

Same As Issuing Office

17a. CONTRACTOR/ CODE OFFEROR

FACILITY CODE

18a. PAYMENT WILL BE MADE BY Z51800

USCG FINANCE CENTER

FINANCE CENTER USCG, 1430A KRISTINA WAY CHESAPEAKE, VA, 23326-1000, US

THE DEFENSE PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

REQUEST FOR QUOTE (RFQ)

INVITATION FOR BID (IFB)

FOR PROPOSAL (RFP)

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 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)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH31b. NAME OF CONTRACTING OFFICER (Type or print) 30c. DATE SIGNED

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)

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

TABLE OF CONTENTS:

70Z08526QLREP0013

Section II: Continuation of SF1449

USCGC KIMBALL (WMSL-756)

Dockside (DS) FQ4 FY26

Contract Type:Firm Fixed Price

Unit Price

Extended Price

Description:

Purchase Requisitions

Section III: Contract Clauses

Clauses incorporated by reference

Clauses incorporated by full text Information Specific to Requirement CONTINUATION OF SF 1449 – BLOCKS 17a – 25

Block 17a:

Offeror shall include the company's name, address, and unique entity identifier number.

Block 17b – Remittance Address:

Payment will be made to the financial institution listed in the System for Award Management (SAM). To receive an award, the Offeror must be registered in SAM (copy and paste www.sam.gov into your search engine).

Blocks 19 through 24:

See Attachment (1), Price Schedule, REV 0. Block 25 – Accounting and Appropriation Data:

To be included on the contract award document.

ALL OFFERORS ARE RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR QUOTES.

Section A - Supplies or Services and Prices/Costs A1. General Information This is a combined synopsis/solicitation for commercial services prepared in accordance with FAR Part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.

Solicitation number 70Z08526QLREP0013 is issued as a request for quotation (RFQ) for the Fiscal Year Quarter (FYQ) 4, Fiscal Year (FY) 26 Dockside Repairs of United States Coast Guard Cutter USCGC KIMBALL (WMSL 756), home moorage Honolulu, HI. The requirement consists of dockside repairs aboard USCGC KIMBALL (WMSL 756) in accordance with Attachment 2 PWS. The scope of work includes ship repair and associated support work and may include work not currently listed as individual Work Items.

This acquisition is 100% set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

A complete list of contract line-item numbers (CLINs), quantities, units of measure, and options is provided in Attachment (1), Price Schedule.

All work will be performed dockside and onboard USCGC KIMBALL (WMSL 756), moored at: 400 Sand Island Pkwy, Honolulu, HI 96819 with an anticipated performance period starting 18 AUG 2026 and ending 11 NOV 2026.

Failure to review the complete specification will not relieve the Offeror of responsibility for accurately estimating the work required or pricing the requirement..

All quotes submitted in response to this solicitation shall remain valid and stand firm for 120 calendar days from the solicitation close date.

The applicable North American Industry Classification System (NAICS) code is 336611 – Ship Building and Repairing. The small business size standard is 1,300 employees.

To receive an award, the Contractor must be registered in the System for Award Management (SAM) at www.sam.gov. PLEASE NOTE: Quotes that do not include all required documentation may not be considered for award.

A2. Request for Technical Package

The last day to request the technical package is 31 Mar 2026. After this date, requests may not be accepted due to time constraints.

All requests shall identify Solicitation No. 70Z08526QLREP0013.

Some references listed in the specification under "Consolidated List of References" are export-controlled and require Joint Certification Program (JCP) approval. Only JCP-certified U.S. or Canadian contractors may access these materials.

Instructions for JCP certification:

https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/

Requests must include:

· JCP Certification Number

· Completed Attachment (7), Non-Disclosure Agreement Submit by 1200 Pacific Time, 31 MAR 2026 to:

Wayne Gutman, Contract Specialist — wayne.m.gutman@uscg.mil

CC: Andrew Jacobs, Contracting Officer — Andrew.G.Jacobs@uscg.mil

A3. Questions

Submit all questions by 1200 PT, 7 APR 2026 to:

· Wayne Gutman — Wayne.m.gutman@uscg.mil

· CC: Andrew Jacobs — Andrew.G.Jacobs@uscg.mil Questions must be submitted using Attachment (5), Questions Form. A4. Quote Submittal Procedures It is the contractor's responsibility to submit a responsive package. Reference FAR 52.212-1, Instructions to Offerors — Commercial Products and Commercial Services. Submit quotes via email to:

Contracting Officer Andrew Jacobs Andrew.G.Jacobs@uscg.mil

(510) 437-5425

Contract Specialist Wayne Gutman Wayne.m.gutman@uscg.mil (832) 709-3439 An Offeror that fails to meet any due date will be considered "late" in accordance with FAR 52.212-1(f). Vendors should follow up to ensure receipt of quotes and are strongly encouraged to call to confirm receipt.

Incomplete quotes may not be considered for award.

Offerors are advised that some drawings, diagrams, and reports are provided for information only and the USCG does not warrant their accuracy.

(End of Section A)

Section B - Supplies or Services and Prices/Costs B1. Schedule of Supplies/Services Please reference Attachment (1), Price Schedule, REV 0.

(End of Section B)

Section C - Description/Specifications/Work Statement

C.1 General

This is a Request for Quote (RFQ) for the Fiscal Year Quarter (FYQ) 4, Fiscal Year (FY) 26 Dockside Repairs of United States Coast Guard Cutter USCGC KIMBALL (WMSL 756), home moorage Honolulu, HI.

The requirement consists of dockside repairs aboard USCGC KIMBALL (WMSL 756) in accordance with Attachment 2 PWS . The scope of work includes ship repair and associated support work and may include work not currently listed as individual Work Items.

C.2 Scope of Work

The Contractor shall furnish all necessary labor, materials, services, equipment, supplies, power, accessories, facilities, and all other items required—except as otherwise specified—to perform dockside repairs in accordance with this solicitation and all attached specifications.

A complete list of contract line-item numbers (CLINs), quantities, units of measure, and options is provided in Attachment (1), Price Schedule.

Failure to read the complete specification will not relieve the Offeror of responsibility for accurately estimating the work required or pricing the requirement. All quotes submitted in response to this solicitation shall remain valid and stand firm for 120 calendar days from the solicitation close date.

C.3 List of Attachments

Questionnaire

Property Report

(7) 70Z08526QLREP0013, Attachment 7 – Department of Homeland Security Non-Disclosure Agreement (NDA)

(8) 70Z08526QLREP0013, Attachment 8 – Change Request Quote Form

(End of Section C)

Section D - Packaging and Marking

D.1 General

Unless otherwise specified in the specifications, the Contractor shall use best commercial practices for preservation, packing, and marking to prevent damage during handling, storage, and transport to and from USCGC KIMBALL (WMSL 756) at 400 Sand Island Pkwy Honolulu, HI 96819.

D.2 Marking

All packages, crates, and shipments (including hazardous materials where applicable) shall be clearly marked with:

· Contract and Task Order Numbers

· CLIN/SubCLIN

· Item Description and Quantity

· Contractor Name and Return Address

· Destination: USCGC KIMBALL (WMSL 756), Honolulu, HI Hazard communication and labeling shall comply with all applicable Federal, State, and local laws/regulations.

D.3 Shipment Coordination

Coordinate deliveries with the COR at least 24 hours in advance and adhere to base access requirements in Section H (Access Guidance). A bill of lading or delivery ticket shall accompany all deliveries.

(End of Section D)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection

Inspection shall be in accordance with FAR 52.212-4 and the specifications. The Government may rely on the Contractor's quality system, inspections, and tests; however, the Government reserves the right to perform independent inspections, witness tests, and verify results.

E.2 Submittals and Test Reports

Provide required submittals (e.g., procedures, certificates, test/flush/align reports) to the COR as specified in the PWS/specifications and as summarized in Section H (CFR/CR timing, weekly progress reporting).

E.3 Acceptance

Government acceptance occurs upon successful completion of required inspections/tests, correction of deficiencies, and COR/KO acknowledgement that the supplies/services conform to contract requirements. Final acceptance is by the Contracting Officer Representative.

(End of Section E)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 Period and Place of Performance

· Place of Performance: Onboard USCGC KIMBALL (WMSL 756), 400 Sand Island Pkwy Honolulu, HI 96819.

· Period of Performance (anticipated): 18 AUG 2026 – 11 NOV 2026 F.2 Working Windows Cutter work hours are as follows:

General work: Monday-Saturday, 0745-1700 Hot work: Monday-Saturday, 0800-1700 Transfers of fuel, oil, and/or water: Monday-Friday, 0700-1700 Operation of major machinery: Monday-Friday, 0700-1700

Federal Holidays: 0700-1700

The Contractor may request to work outside of the above designated days/hours with advance notice to the COR.

F.3 Access To WMSLs in Honolulu, HI

(1) Security Requirements The following changes take effect immediately to resolve security gaps and continue to provide BASE Honolulu departments and tenants with a safe and productive workplace.

a. RAPIDGate® credentialing is the requirement for BASE Honolulu access for contractors and other entities that do not carry military identification cards.

b. Contracts planned for award, or options exercised on or after 01 January 2024, must include a requirement for contractors and their sub-contractors to comply with this RAPIDGate® requirement.

c. The Base Honolulu Chief of Security has delegated authority to authorize on a limited and highly scrutinized basis, vetted non-RAPIDGate® credentialed personnel for the following instances:

1. One-time micro purchase service contracts ($2,500 or less) for a period not to exceed five days.

2. Unplanned emergency contracts that have a direct and justifiable nexus to meeting a specific mission requirement. Examples might include and are limited to instances where a contracted response is needed to correct a shipboard emergency that threatens to delay a planned deployment, restoration of command center communications, or restoration of a primary base utility service or building system. This exemption to RAPIDGate® credentialing includes prime and sub-contractors and may only be granted for the emergency contract's period of performance, not to exceed 30 days.

3. Contracts awarded, or options exercised prior to 01 January 2024 must provide a list of employees requiring access along with the contract award date and period of performance to the Chief of Security in order to apply for grandfathering no later than 72 hours prior to the start of performance. For projects already in progress, this request should be submitted as soon as possible. Grandfathering will allow contractors to be vetted using our legacy user access process in 90 day increments for the remainder of the contract's performance period.

4. For a contractor that does not have a RAPIDGate® credential, the sponsor will need to provide 100% escort by an E4, WG-7, GS-7 or above. The sponsor escort must log in/out at the gate and stay within close physical proximity of the sponsored contractor while they are aboard and until the contractor departs Base.

5. A failed background check may not be overcome by an escort.

6. Delivery drivers may obtain a RAPIDGate® credential. Base Security Forces will also accept a Transportation Worker Identification Credential (TWIC) with a valid pin number when the sole purpose of the driver-operator's visit is to deliver supplies or material.

(2) Associate Contractor Agreement (ACA)

After award, the Contractor shall enter into an ACA, if applicable, with other prime contractors present during the availability. Not anticipated at this time.

a Purpose is to integrate work and prevent delays/costs.

b. Each Work Item FFP shall include all costs for executing ACA requirements.

c. Known Associate Contractors: None at this time; COR will advise post-award if applicable.

d. Associate Contractors shall maintain close liaison and execute a written ACA.

e. ACA shall include scheduling/location information; services/materials to be exchanged (if applicable); meeting cadence:

f. Identify information to be furnished (at minimum, schedule/work locations).

g. Services between Associate Contractors (if applicable).

h. Materials to be provided (if applicable).

i. Meetings per Spec General Requirements §3.5: daily production; weekly progress with integrated, de-conflicted master plan for COR review; COR may decide to resolve conflicts.

j. Treatment of proprietary/confidential information (if applicable).

k. Once executed, the ACA may be attached to this contract for information only; the contract controls in any conflict.

l. Unresolved ACA issues shall be promptly elevated to the respective CORs; obligations/deliveries remain.

(3) Maintaining, Reporting, and Disposing of Government Property

a. The Government Property clause governs overall responsibility. Contractor shall identify, track, and control: (i) GFP listed in the specification; and (ii) pre-existing property to be replaced/renewed.

b. Contractor shall sign for GFP using DD 1149 or DD 1348 and send a copy to the Government Property Administrator within 48 hours. Do not accept unidentified/unauthorized property.

c. Complete and maintain Attachment (6), Government Property Report as a living document; final, signed report is required with the final invoice. Final payment may be delayed (without interest) until received. Provide a copy of all final DD 1149/1348s to the Property Administrator.

d. The Property Administrator is delegated disposition authority; comply with all return/disposition instructions.

(End of Section F)

Section G - Contract Administration Data

G.1 Invoice Submission Process

(1) A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix)] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and shall be returned to the contractor with a statement of the reason(s) it is not proper. All invoices shall be itemized to correlate to the Schedule of Supplies/Services.

(2) Each invoice shall at a minimum contain the following information:

a. Invoice Date

b. Invoice Number

c. Contract and Delivery/Task Order Number

d. Contractor's Name

e. Contractor's Address

f. Contractor's Unique Entity Identifier (UEI)

g. Contracting Officer's Name

h. Contracting Officer's Representative's (COR's) Name

i. Invoice Routing Code (IRC) assigned by the Coast Guard as follows: SFLC-2

j. Period of Performance for Work Invoiced (if applicable) k Contract Line Item Number(s) (CLIN(s)) and Description

l. The overall dollar amount previously billed, currently billed and unbilled per CLIN(s);

m. Invoice Total

n. For Travel: Components in accordance with FAR 31.205-46

o. Discount Offerings

p. Status as a Small Business (if applicable) for accelerated payment

q. The last invoice submitted for this award shall be clearly labeled with "THIS INVOICE CONSTITUTES THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE NO OTHER MONIES ARE DUE UNDER CONTRACT NUMBER and TASK ORDER NUMBER" (to be assigned upon contract and task order award).

Electronic Submission of Payment Requests (FSMS Awards)

(1) Definitions. As used in these instructions -

a. "Payment request" means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

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

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

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

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

(6) Failure to follow any of these instructions shall result in invoice rejection.

(7) Invoice Submittal Procedures.

a. The Contractor shall submit an invoice via email to the Contracting Officer's Specialist in both excel® and pdf® formats and include supporting documentation.

b. After the Contractor receives the COR signed pdf® invoice via email then the Contractor shall submit the invoice electronically using IPP.

Correspondence

All correspondence shall include the Contract Number and applicable CLIN and/or Change Request (CR) number in the subject line. Technical questions shall be submitted via Attachment 5 Questions process when applicable.

Travel

Definitions. As used in these instructions - (1) "Payment request" means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(End of Section G)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

(End of 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 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

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.

(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.

(End of clause)

3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (JULY 2023) Provisions and Clauses Incorporated by Reference

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.

X 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 I

Alternate II

3052.204–72 Safeguarding of Controlled Unclassified Information.

Alternate I

3052.204–73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents.

Alternate I

3052.209-73 Limitation on Future Contracting.

3052.216-71 Determination of Award Fee.

3052.216-72 Performance Evaluation Plan.

3052.216-73 Distribution of Award Fee.

X 3052.217-91 Performance. (USCG)

3052.217-92 Inspection and Manner of Doing Work. (USCG)

X 3052.217-93 Subcontracts. (USCG)

X 3052.217-94 Lay Days. (USCG)

X 3052.217-95 Liability and Insurance. (USCG)

X 3052.217-96 Title. (USCG)

X 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.

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.

X 3052.242-72 Contracting Officer's Representative.

(End of clause)

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) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

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

(End of clause)

3052.228-70 INSURANCE (DEC 2003) – ADDENDUM

The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required by this Clause as follows:

TYPE AMOUNT

1) Workman's Compensation and Employer's Liability (including Federal Longshoremen and Harbor Worker's Insurance)

2) Comprehensive General Liability Insurance (including vessel liability reference HSAR 3052.217-95)

3) Automobile Liability

As legally required by the State wherein the work is being performed.

Personal Injury Liability:

$1 million per person

$1 million per occurrence

Property Damage (may be included in general aggregate limits or combined single unit coverage)

$1 million per occurrence Personal Injury Liability:

$1 million per person

$1 million per occurrence

Property Damage (may be included in general aggregate limits or combined single unit coverage):

$1 million per occurrence

4) If single general aggregate limits or combined single unit coverage is obtained for General Liability and/or Automobile Liability coverage, minimum amounts shall be the sum of the personal injury and property damage coverage required above. Umbrella Form Excess Liability insurance coverage shall be added to general liability and automobile liability coverage to determine if minimum insurance limits are met.

a. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective

(1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

b. As evidence that it has obtained the insurance specified in paragraph (a) of this clause, the contractor shall furnish the Contracting Officer with a certificate or certificates executed by an agent of the insurer authorized to execute such certificates. Such certificates shall be furnished prior to commencement of the work. Each certificate shall state that (name of insurer) has insured (name of contractor) awarded contract number (to be determined at time of award) for repair/alteration of applicable USCG ship in accordance with the Liability and Insurance clause and the Insurance Requirements clause contained herein.

c. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance and shall make copies available to the Contracting Officer upon request.

d. "Government Installation" for this clause includes government vessels.

(End of 3052.228-70 Addendum)

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Aug 2025) (DEVIATION 25-21)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference. (b)Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights-

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

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

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(t) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall-

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(u) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(v) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(w) Payment-

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

(D) Contractor point of contact.

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

(j) Interest.

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

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(D) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(k) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and sha11 pass to the Government upon-

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s)…