Attachment I- Provisions and Clauses.pdf

Section C:

General Information

This is a combined synopsis/solicitation for commercial services prepared, and to be evaluated and awarded, in accordance with RFO Part 12 - Acquisition of Commercial Products and Commercial Services. This announcement constitutes the only solicitation.

No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation either before or after the opening/closing date.

This solicitation is issued as a Request for Quote (RFQ) under number 70Z08526QLREP0017.

This solicitation document and incorporated provisions and clauses are in effect through:

• Federal Acquisition Circular 2026-01 dated 13 March 2026

• Department of Homeland Security Acquisition Regulation (HSAR) dated 26 December 2024

• Homeland Security Acquisition Manual (HSAM) 2026-02 dated 28 November 2025

• Coast Guard Acquisition Procedures (CGAP) 2025-02 dated 20 June 2025

Description of Work

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 STONE (WMSL-758), home moorage North Charleston, South Carolina.

The requirement consists of dockside repairs aboard USCGC STONE (WMSL-758) in accordance with Attachment A- Specification STONE (WMSL-758) REV0.

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. The scope of work includes ship repair and associated support work and may include work not currently listed as individual Work Items.

A complete list of contract line-item numbers (CLINs), quantities, units of measure, and options is provided in Attachment B- Pricing Schedule STONE (WMSL-758).

Failure to read the complete specification will not relieve the Quoter 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.

Section E:

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).

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 COR.

Section F:

Period and Place of Performance

• Place of Performance: Onboard USCGC STONE (WMSL-758), North Charleston, SC

• Period of Performance (anticipated): 18 August 2026 – 16 November 2026

Cutter Work Hours

Cutter work hours are as follows:

General Work: Monday-Saturday, 0700-1900 Hot Work: Monday-Saturday, 0800-1900 Transfers of fuel, oil and/or water: Monday-Friday, 0700-1900 Operation of major machinery: Monday-Friday, 0700-1900 Federal Holidays: 0700-1900

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

Access to WMSLS in North Charleston, South Carolina

FLETC Base Security. The Contractor shall contact Contracting Officer Representative (COR) upon contract award to obtain FLETC Security Base Access requirements. The Contractor shall note that it can take a minimum of two weeks for FLETC Security to process documentation related to Base Access, and even longer for special cases such as foreign nationals. It is the responsibility of the Contractor to comply with FLETC Base Security measures and the Coast Guard will not be liable for delays or terminations of FLETC Base Access.

Gaining Access to FLETC Charleston:

• Contractors that are U.S. Citizens and seeking access to the FLETC/Federal Complex are required to be issued a FLETC ID Badge. Contractors shall submit completed DHS Form 11000-

25 and OF-306 (or updated versions of the aforementioned forms if distributed by the COR following the award of the contract) to the COR a minimum of 14 days prior to the start date.

If the Contractor is expected to be onsite for 5 days or less, a FLETC Form 121-00-02 may be utilized. This form cannot replace the normal application process if the Contractor will be returning to base multiple times within the same contract period. A single FLETC Form 121-00- 02 is authorized per Contractor per contract period. All Contractors will be subject to fingerprinting and background check.

• Contractors that are either foreign born or are a foreign national seeking access to the FLETC/ Federal Complex, regardless of time frame, must be issued a FLETC ID Badge. Contractors shall submit completed DHS Foreign National Screening Form 11055, DHS Form 11000-25, and OF- 306 and shall provide a copy of their U.S. Passport, Visa, and/or Naturalization Certificate. This shall be submitted to the COR a minimum of 30 days prior to the start date. All Contractors born outside the U.S. but are U.S. Citizens will be required to submit DHS Foreign National Screening Form 11055, DHS Form 11000-25, and OF-306 and shall provide proof of U.S.

Citizenship in the form of a U.S. Passport or Naturalization Certificate. Contractors that are either foreign born or are a foreign national shall complete fingerprinting regardless of their duration on the cutter.

• The COR will distribute the most recent revision of the access forms, as applicable, via email to the Contractor as soon as possible following the award of the contract. Contractors are strongly encouraged to type out and hand sign the forms, as handwritten forms may be illegible and slow the review process down. The Contractor is strongly encouraged to complete all required fingerprinting prior to the work start date to allow for immediate and uninterrupted access to FLETC and Cutter.

• It is imperative that the “Work Start Date” on the FLETC access form is as accurate as possible for that individual. This date should be the day the person will be onsite and need access to the base, not necessarily the first day of the contract. This will allow for an adequate amount of time for the Contractor’s fingerprints to be adjudicated. An inaccurate “Work Start Date” may cause temporary loss of FLETC access while the contractor’s fingerprints are being processed.

Contractor are strongly recommended to extend the “Work Stop Date” 15 to 30 days past the scheduled work completion date to ensure uninterrupted contractor access to FLETC if a contract extension were to occur.

• Contractors shall be advised that the Department of Homeland Security (DHS) completes background checks on all FLETC applicants and reserves the right to deny access to those with criminal history, those who have not registered for Selective Service, and/or other various conditions. If any disqualifying information is discovered during the background check process, FLETC may require the individual to vacate FLETC property immediately. DHS may not be required to supply a reason for denial of entry or removal from the FLETC facility.

Contractors shall abide by the policies and regulations established for the daily operations of FLETC, including but not limited to wearing the FLETC-issued ID badges at all times, adhering to posted speed limit signs, posted restricted area signs, traffic directional signs, and law enforcement directions given by FLETC Security Forces. The Contractor shall be advised that FLETC Badges may be terminated due to violation of FLETC policies and regulations.

Arriving at FLETC Charleston:

• Contractors are required to check in at the visitor’s center prior to entering the main gate and 1) Pick up a visitor’s badge, and 2) Complete a parking pass application prior to gaining access to FLETC. The parking pass shall be completed on-site and requires the contractor to provide a valid license, vehicle registration and proof of insurance. All vehicles are subject to search and FLETC/Federal Complex utilizes 100% ID Checks. Parking is located at the foot of PIER PAPA.

THE CONTRACTOR SHALL NOT PARK ON THE PIER.

• Contractors shall proceed to 1050 Register St to meet with the Base Charleston Command Security Officer immediately after the visitor center to be fingerprinted. Hours of operation for the Base Charleston Command Security Officer is Monday thru Friday, 0830-1100. To ensure the Command Security Officer is available, Contractors shall call 843-740-3168 before arrival.

Fingerprinting outside hours of operation shall be scheduled in advance with the Base Charleston Command Security Officer. Upon completion of fingerprinting, the Project Manager shall provide the COR with names of Contractors to be added to the Cutter Access List.

Gaining Access to a Cutter:

• The Contractor must complete required fingerprinting before being placed on the Cutter Access List and permitted on board the Cutter. The Project Manager shall notify the COR of Contractors who have completed fingerprinting to be added to the Cutter Access List. The Cutter Access List will be kept at the quarterdeck of the vessel, enabling Cutter watch standers to maintain visitor accountability. Contractors shall sign in and out at the quarterdeck each day and abide by 100% ID checks. Contractors who are not on the Cutter Access List will not be permitted onboard the cutter.

Gaining Access to Secure Spaces on the Cutters:

• Certain spaces on board the cutter contain classified information and will require proof of security clearance before access is granted. These spaces are CIC, COMM/MEES, the LAN Room and SCIF. Personnel requiring work in these areas must have their clearance via OPNAV 5521/17 form at least two weeks prior to arrival in addition completing fingerprinting.

Submitting Access Requests:

• All the required base access forms contain Personally Identifiable Information (PII).

Encryption or password protection of emails is HIGHLY ENCOURAGED.

• Please submit all required forms, completed and signed, via email to the Port Engineer/COR listed below. Submit all required forms in a single email, not to exceed 10MB. The designated

Port Engineer/COR will ensure that the forms are secured, reviewed, and forwarded to the proper personnel. You will be notified of any discrepancies with the paperwork.

• Please do not hesitate to contact any of the personnel on the email list below with questions.

Point of Contact Job Description Email Phone Number LT Jackson Couture

WMSL QA/COR

Lead

Jackson.L.Couture@uscg.mil (512) 238-8459

LT Jack Duffy STONE Port Engineer

Jack.f.duffy@uscg.mil (802) 558-2014

Pier Restrictions:

• The Contractor will be provided a “Contractor lay-down area” at the foot of the pier to store any office and equipment trailers, personal vehicles, parts, etc. The Contractor should be aware that due to weight limitations on the pier, any blast equipment, vacuum trucks, cranes, portable toilets or showers, etc. shall not be staged on the pier without prior approval. The Contractor shall submit “cut sheets” to the COR a minimum of 5 days prior to the equipment being used for approval. “Cut sheets” are usually obtained from the equipment rental company and typically contain information such as weight, number of axels, dimensions, and other pertinent information about the equipment to be staged on the pier. The Contractor should include the dates the equipment will be staged on the pier and suggested location of the equipment. The COR will forward this information to the Civil Engineering Unit who will approve or deny the equipment to be staged on the pier. The COR will notify the Contractor once the equipment is approved or denied.

Temporary Sanitation Services on Pier Papa:

• In addition to the requirements of SFLC Standard Specification 0000, General Requirements, 3.2.11, Temporary sanitary and sewage facilities, the following requirements apply:

O For USCG personnel sanitary facilities and/ or portable toilet facilities must:

. Be trailered

. Be able to connect to the sewage shore connection on the pier

. Be able to independently (without requiring a separate service vehicle) pump sewage and/ or grey water to the sewage shore connection

. Mobile chemical toilets “porta-potties” are not authorized

• In addition to the requirements of SFLC Standard Specification 0000, General Requirements,

3.2.12 sanitary facilities for contractor-personnel, the following requirements apply:

O Sanitary facilities are not permitted on the pier and must be staged on shore

O Mobile chemical toilets “porta-potties” are authorized in the shore staging area

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.

Section G

Clauses Incorporated by Full Text:

52.216-32 Task-Order and Delivery-Order Ombudsman (Sept 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. Mark.Cap@uscg.mil and protests@uscg.mil

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the

Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

Contracting Officer’s (KO) Authority

No oral or written statement of any person other than the Contracting Officer will modify or affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any requirements under this contract, and, notwithstanding any provisions contained elsewhere, that authority remains solely with the Contracting Officer. The KO may delegate certain responsibilities to authorized representatives. If the Contractor effects any change at the direction of any person other than the KO, the change will be considered made without authority and no adjustment will be made to cover any increased cost.

Section H:

PROCEDURES FOR TASK ORDERS, DISCOVERIES, AND CHANGES TO CONTRACT

After Contract award, individual task orders will be issued as necessary to support Contract requirements. The Contractor will be directed to commence work via a Task Order or modification sent from the Contracting Officer. The Contractor shall provide notice of acceptance of the Task Order or modification by signing the Standard Form (SF-30 or SF-1449) and returning it to the Contracting Officer, or by starting work when the Contracting Officer issues a Task Order.

The Contractor shall not perform any type of additional work without the Contracting Officer's authorization. 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. 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 an adjustment may not be made in the contract price to cover any increase in cost incurred as a result thereof.

The Contracting Officer reserves the right to contract for changes, including Task Orders for Additional Work, on the basis of a firm-fixed-price, negotiated Task Order when it is in the best interest of the Government.

Change Request Process (for changes to existing task order and additional work items):

1. Condition Found Report - Generated by the Contractor and provided to Contracting Officer's Representative (COR) in accordance with SFLC Standard Specification 0000.

2. Condition Report Reply - Generated by the COR and provide to Contractor.

3. Change Request (CR) - CR is generated by the COR and the COR will assign the CR number.

4. COR provides copy of CR to the Contractor.

5. Contractor's Quote - provided to the Contract Specialist (KS) / Contracting Officer (KO) within 72 hours of receipt of the Change Request. The Contractor shall furnish a price breakdown, itemized as required by the KS/KO. The breakdown shall permit an analysis of all materials, labor, equipment, and subcontractor costs, covering all work involved in the CR whether such work was deleted, added, or changed. Rates in the quote shall be in accordance with the rates specified in the Pricing Schedule. Any amount claimed for subcontracts shall be supported by separate, similar price breakdown. If the quote includes a request for a time extension, justification shall be furnished with the quote.

6. Negotiations - if needed, takes place to establish pricing, etc.

7. Modification to Task Order - The KS/KO will issue a modification to an existing task order to incorporate and implement all changes made by CRs. The Contractor shall furnish a price breakdown, itemized as required by the Contract Specialist/Contracting Officer. The breakdown shall permit an analysis of all materials, labor, equipment and subcontract costs, covering all work involved in the modification for Additional Work Item, whether such work was deleted, added or changed. Rates in the quote shall use the Composite Labor Hour Rate, or other rates specified in the contract for changes. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the quote includes a request for a time extension, justification shall be furnished with the quote.

*CFRR must be submitted by the COR to the Contractor within 24 hours after responding to the CFR. Contractor must submit quote to the Contracting Officer within 72 hours of receipt of the

CR.

8. Negotiations - If needed, the Contract Specialist/Contracting Officer may negotiate to establish pricing subject to Contracting Officer approval.

9. The Contracting Officer shall issue a modification to a pre-existing Task Order to incorporate and implement all changes.

Additional Work

a) Do not perform additional (within-scope, non-prepriced) work without KO authorization. The KO may negotiate FFP for such work. Scope includes ship repair and associated support work and may include items not listed on Attachment B, Pricing Schedule STONE (WMSL-758).

b) Provide detailed price breakdowns (SFLC-002 or as directed) permitting analysis of all elements; include schedule justification if requesting time extension.

c) Use with Composite Labor Hour Rate. The composite rate includes tools/equipment incidental to bench trades and consumables; materials otherwise at agreed rates/quality (commercial or as specified, e.g., MILSPEC/FEDSPEC).

Composite Labor Hour Rate

The composite labor hour rate offered is the sole rate used to price the Prime Contractor's direct production labor hours for contract changes/additional work. No additional compensation will be paid for the Prime Contractor's direct labor beyond this rate.

a) The composite rate represents total compensation for:

1. Direct wages/salaries;

2. All employee benefits;

3. Other direct costs (transit time, delay/disruption, expendables, equipment);

4. Indirect costs (overhead, G&A);

5. Port/association fees, rents, levies;

6. Profit (fee);

7. Support functions (supervision/management, planning/estimating, material handling, housekeeping, engineering, transportation/drivers, QA, contract administration, security, testing, fire watch);

8. All consumables.

b) Applied only to production labor hours (reasonable/necessary direct production functions).

Support-function hours are not separately compensated (they are priced into the composite rate).

c) The Additional Work CLIN amount in the Price Schedule is an estimate; the Government may exceed at scheduled prices at its discretion. Inclusion does not obligate the Government to exercise or entitle the Contractor to compensation if not exercised.

Contract Deficiency Report (CDR)

The KO may issue a CDR (SFLC Form 005). The Contractor shall respond within 24 hours (unless otherwise approved). COR will comment and forward to KO, who renders a final determination.

Contractor Performance Assessment Report (CPAR)

USCG SFLC will evaluate performance per FAR 42.1502. Contractor has 60 days to respond to the CPARS assessment notice. CPARS information is business-sensitive and released only as permitted (to other agencies, FOIA, or with prior written consent).

Indemnification for Access to Vessels

Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of quoters on other contemplated work, access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.

Access to Vessels

a) A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis.

The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security.

(b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security.

HSAR 3052.223-70 Removal or Disposal of Hazardous Substances- Applicable Licenses and Permits (Jun 2006)

The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within 10 days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

(End of Clause)

Section I:

Clauses Incorporated by Reference

52.202-1 Definitions (Jun 2020)

52.203-3 Gratuities (Apr 1984) 52.203-6 with Alt I Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.203-12 Limitations on Payments to Influence Certain Federal Transactions

(Jun 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management- Maintenance (Aug 2025)

(DEVIATION 25-19)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Aug 2025) (DEVIATION 25-19) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec

2014) 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Nov

2025) (DEVIATION 25-27)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Nov 2025) (DEVIATION 25-27)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2025) (DEVIATION 25-27)

52.219-6 Notice of Small Business Set-Aside (Oct 2025) (DEVIATION 26-03) 52.219-8 Utilization of Small Business Concerns (Oct 2025) (DEVIATION 26-

03) 52.219-14 Limitations on Subcontracting (Oct 2025) (DEVIATION 26-03) 52.219-28 Postaward Small Business Program Representation (Oct 2025)

(DEVIATION 26-03)

52.222-3 Convict Labor (Oct 2025) (DEVIATION 26-10) 52.222-19 Child Labor – Cooperation with Authorities and Remedies (Oct 2025)

(DEVIATION 26-10)

52.222-35 Equal Opportunity for Veterans (Oct 2025) (DEVIATION 26-10) 52.222-36 Equal Opportunity for Workers with Disabilities (Oct 2025)

(DEVIATION 26-10)

52.222-37 Employment Reports on Veterans (Oct 2025) (DEVIATION 26-10) 52.222-40 Notification of Employee Rights Under the National Labor Relations

Act (Oct 2025) (DEVIATION 26-10) 52.222-50 Combating Trafficking in Persons (Oct 2025) (DEVIATION 26-10) 52.223-3 Hazardous Material Identification and Safety Data Alt I (Oct 2025)

(DEVIATION 26-12)

52.223-5 Pollution and Right-to-Know Information (May 2024) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Oct 2025) (DEVIATION 26-12) 52.223-23 Sustainable Products and Services (Oct 2025) (DEVIATION 26-12) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

(May 2024) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.229-3 Federal, State, and Local Taxes (Feb 2013)

52.232-18 Availability of Funds (Apr 1984) 52.232-33 Payment by Electronic Funds Transfer – System for Award

Management (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Mar 2023) 52.233-1 Disputes (Aug 2025) (DEVIATION 25-25) 52.233-3 Protest After Award (Aug 2025) (DEVIATION 25-25) 52.233-4 Applicable Law for Breach of Contract Claim (Aug 2025)

(DEVIATION 25-25)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr

1984) 52.242-2 Production Progress Reports (Apr 1991) 52.242-5 Payments to Small Business Subcontractors (Jan 2017) 52.242-13 Bankruptcy (Jul 1995) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Sep

2025) (DEVIATION 25-34)

52.245-1 Government Property (Sep 2021) 52.245-9 Use and Charges (Apr 2012)

Homeland Security Acquisition Regulation (HSAR) Clauses Incorporated by Reference

3052.211-70 Index for Specifications (Dec 2003) 3052.217-90 Delivery and Shifting of Vessel (Dec 2003) 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work

(Dec 2003) 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (Dec 2003) 3052.222-90 Local Hire (USCG) (Jun 2006) 3052.223-90 Accident and Fire Reporting (USCG) (Dec 2003)

Clauses Incorporated by Full Text

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.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. 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.

(g) 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).

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

(i) Payment—

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

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

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

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

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

(D) Contractor point of contact.

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

(5) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work 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) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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

(v) Invoice Submission Process

(a) 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.

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

(1) Invoice Date

(2) Invoice Number

(3) Contract and Delivery/Task Order Number

(4) Contractor's Name

(5) Contractor's Address

(6) Contractor's Unique Entity Identifier (UEI)

(7) Contracting Officer's Name

(8) Contracting Officer's Representative's (COR's) Name

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

(10) Period of Performance for Work Invoiced (if applicable)

(11) Contract Line Item Number(s) (CLIN(s)) and Description

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

(13) Invoice Total

(14) For Travel: Components in accordance with FAR 31.205-46

(15) Discount Offerings

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

(17) 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).

(w) Electronic Submission of Payment Requests (FSMS Awards)

(a) Definitions. As used in these instructions –

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

(b) 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.

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

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

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

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

(g) Invoice Submittal Procedures.

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

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

(End of clause)

52.216-18 Ordering (Aug 2020)

(a) Any supplies and 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 18 August 2026 through 16 November 2026.

(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) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

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 $3,600.00, 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 $2,500,000.00;

(2) Any order for a combination of items in excess of $2,500,000.00; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 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 requirement 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 7 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.

(End of clause)

52.216-21 Requirements (OCT 2025) (DEVIATION 26-04) (effective November 3, 2025)

(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…