Gun Mount Sys Solicitation - 70Z04025QESDV0001.pdf
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- Gun Mount System Overhaul Kits
- Solicitation number
- 70Z04025QESDV0001
About this file
This is a draft Solicitation/Contract for Commercial Products and Commercial Services (Standard Form 1449) for Gun Mount System Overhaul Kits. The United States Coast Guard (USCG) is seeking twelve (12) MK38 25mm Gun Mount System Standardized Pier-side Maintenance and Repair (SPMR) Overhaul Kits for the USCG Surface Forces Logistics Center (SFLC) Engineering Services Division located in Baltimore, MD. The contract is set aside as a Women-Owned Small Business (WOSB) acquisition with a firm-fixed price, and is classified under NAICS code 332994 with a size standard of 1,000 employees.
The period of performance is from May 15, 2025, through April 30, 2026, with delivery to the U.S. Coast Guard Yard at 2401 Hawkins Point Road, Baltimore, MD 21226. The solicitation requires contractors to provide overhaul kits that include a "Mandatory Materials List" as outlined in Technical Repair Standard SW360-A2-TRS-010, with all necessary labor, maintenance, and tools. Proposal submissions are due by May 7, 2025, at 2:00 PM EST, with questions to be submitted via email to Jacquelyn.L.Warfield@uscg.mil no later than April 30, 2025, at 2:00 PM EST.
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WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
STOCK RECORD (S/R)
STANDARD FORM 1449 (REV. 11/2021) BACK
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
70Z04025QESDV0001
TABLE OF CONTENTS:
Section II: Continuation of SF1449 Section III: Contract Clauses Section IV: List of Documents, Exhibits, and other Attachments Section V: Solicitation Provisions
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Section II: Continuation of SF1449
Item Number Base Item Number
Supplies/Services Quantity Unit
0001 Gun Mount System MK 38 SPMR Overhaul Kit
12 EA
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions 52000PR250012397
IDC Type: Not Applicable
Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address
5/15/25 4/30/26
Section III: Contract Clauses
Clauses incorporated by reference
None
Clauses incorporated by full text
Statement of Work
STATEMENT OF WORK (SOW) FOR
GUN MOUNT SYSTEM OVERHAUL KITS
April 15, 2025
1.0 GENERAL
1.1 Background
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United States Coast Guard (USCG), Surface Forces Logistics Center (SFLC) Engineering Services Division (ESD) requires MK38 25mm Gun Mount System Overhaul Kits to support the CG YARD MK38 Standardized Pier-side Maintenance and Repair (SPMR) Overhaul Program.
1.2 Scope
The scope of this section is to provide production and supply of SPMR kit parts to support the MK38 Gun Mount System Overhaul services at CG YARD Ordnance Overhaul Facility.
1.3 OBJECTIVE
Provide Gun Mount System Overhaul Kits for the CG YARD SPMR Ordnance Overhaul Facility to support overhaul program.
1.4 APPLICABLE DOCUMENTS
1.4.1 Compliance Documents
The following documents provide specifications, standards, or guidelines that must be complied with in order to meet the requirements of this contract:
Technical Repair Standard SW360-A2-TRS-010 dtd 15 APR 2019
2.0 SPECIFIC REQUIREMENTS/TASKS
2.1 TASK ONE
Provide twelve (12) Gun Mount System Overhaul Kits to the USCG, SFLC, ESD which shall include labor, maintenance and tools. The overhaul kit must include the
"Mandatory Materials List" (See Table A-1) as outlined in the SW360-A2-TRS-010, Appendix A: Planned Overhaul Repair List, Tools, and Equipment, Expendables, Special Tools and Equipment
The shipping and delivery of the overhaul kits will be the responsibility of the Contractor. The overhaul kits will be delivered to the following address:
U.S. Coast Guard Yard
2401 Hawkins Point Rd
Ordnance Shop, Bldg 42
Baltimore, MD 21226
Attn: Pete Vannatten / John Driscoll
3.0 CONTRACTOR PERSONNEL
3.1 QUALIFIED PERSONNEL
The Contractor shall provide qualified personnel to perform all requirements specified in this SOW.
3.2 CONTINUITY OF SUPPORT
The Contractor must ensure that the contractually required level of support for this requirement is maintained at all times. The Contractor must ensure that all contract support personnel are present for all hours of the workday. If for any reason the Contractor staffing levels are not maintained due to vacation, leave, appointments, etc., and replacement personnel will not be provided, the Contractor must provide e-mail notification to the Point of Contact (POC) prior to employee absence. Otherwise, the Contractor must provide a fully qualified replacement.
3.3 KEY PERSONNEL
Before replacing any individual designated as Key by the Government, the Contractor must notify the Contracting Officer no less than 15 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes must possess qualifications equal to or superior to those of the Key person being replaced, unless otherwise approved by the Contracting Officer. The Contractor must not replace Key Contractor personnel without approval from the Contracting Officer. The following Contractor personnel are designated as Key for this requirement. Note: The Government may designate additional Contractor personnel as Key at the time of award.
The Key position is Project Manager
3.3.1 Contractor Key personnel must not be assigned by the Contractor to more than one key position for this requirement.
3.4 PROJECT MANAGER
The Contractor must provide a Project Manager who shall be responsible for all Contractor work performed under this SOW.
The Project Manager must be a single point of contact for the Contracting Officer and the POC. The name of the Project Manager, and the name(s) of any alternate(s) who shall act for the Contractor in the absence of the Project Manager, shall be provided to the Government as part of the Contractor's proposal. The Project Manager is further designated as Key by the Government. During any absence of the Project Manager, only one alternate shall have full authority to act for the Contractor on all matters relating to work performed under this contract. The Project Manager and all designated alternates shall be able to read, write, speak and understand English. Additionally, the Contractor shall not replace the Project Manager without prior approval from the Contracting Officer.
3.4.1 The Project Manager must be available to the POC via telephone between the hours of 0800 and 1600 EST, Monday through Friday, and must respond to a request for discussion or resolution of technical problems within 24 hours of notification.
3.5 EMPLOYEE CONDUCT
Contractor's employees must comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, "off limits" areas, wearing of parts of DHS uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor must ensure Contractor employees present a professional appearance at all times and that their conduct must not reflect discredit on the United States or the Department of Homeland Security. The Project Manager must ensure Contractor employees understand and abide by Department of Homeland Security established rules, regulations and policies concerning safety and security.
3.6 REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY REASONS
The Government may, at its sole discretion (via the Contracting Officer*), direct the Contractor to remove any Contractor employee from DHS facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under the contract. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.
4.0 OTHER APPLICABLE CONDITIONS
4.1 SECURITY
Contractor access to classified information is not currently required under this SOW. However, the Government at a later date
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may require all Contractor personnel to have Secret clearances. Accordingly, all Contractor employees provided for this requirement must be eligible for a Secret Clearance.
4.2 PERIOD of Performance
The period of performance for this contract is 15 May 2025 through 30 April 2026.
4.3 PLACE OF PERFORMANCE
The primary place of performance will be the Contractor's facilities with frequent visits to the United States Coast Guard at 2401 Hawkins Point Road, Baltimore, MD 21226
4.4 HOURS OF OPERATION
Contractor employees must generally perform all work between the hours of 0800 and 1600 EST, Monday through Friday (except Federal holidays). However, there may be occasions when Contractor employees must be required to work other than normal business hours, including weekends and holidays, to fulfill requirements under this SOW.
4.5 TRAVEL
Contractor travel must not be required for this requirement.
4.6 GENERAL REPORT REQUIREMENTS
The Contractor shall provide all written reports in electronic format with read/write capability using applications that are compatible with DHS workstations (Windows XP and Microsoft Office Applications).
5.0 GOVERNMENT FURNISHED RESOURCES
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The Government will not furnish any resources to the Contractor in support of this contract.
6.0 CONTRACTOR FURNISHED PROPERTY
The Contractor must furnish all facilities, materials, equipment and services necessary to fulfill the requirements of this contract, except for the Government Furnished Resources specified in SOW 2.0 and SOW 5.0.
7.0 GOVERNMENT ACCEPTANCE PERIOD
The POC will review deliverables prior to acceptance and provide the contractor with an e-mail that provides documented reasons for non-acceptance. If the deliverable is acceptable, the POC will send an e-mail to the Contractor notifying it that the deliverable has been accepted.
7.1 The POC will have the right to reject or require POCrection of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor's accepted proposal. In the event of a rejected deliverable, the Contractor will be notified in writing by the POC of the specific reasons for rejection. The Contractor may have an opportunity to POCrect the rejected deliverable and return it per delivery instructions.
Instructions to Offeror
NOTICE FOR FILING AGENCY PROTESTS
United States Coast Guard Ombudsman Program
It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).
Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.
Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).
Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester's concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.
Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the
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protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program shall be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.
Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum.
If the protest is filed with an external forum, the agency protest will be dismissed.
The Ombudsman Hotline telephone number is (202) 372-3695.
GUN MOUNT SYSTEM OVERHAUL KITS
The United States Coast Guard (USCG) Yard is planning to issue a Single One-time Award Purchase Order for a firm-fixed-price for twelve (12) Gun Mount System MK88 SPMR Overhaul Kits for the U.S. Coast Guard Engineering Services Division (ESD) Electronics and Ordnance Branch (EOB) located in Baltimore, MD. The Period of Performance for the purchase order is 15 May 2025 through 30 Apr 2026. This is Sole Source Simplified Acquisition Procedure Award following the acquisition procedures of FAR Part 13.5 for commercial item procurements.
To aid you in your planning and proposal development, the following information is provided as enclosures to this Request for Quote (RFQ) and will become part of the final contract award:
Statement of Work dated 15 April 2025
Technical Exhibit (TE):
Technical Repair Standard SW360-A2-TRS-010 dtd 15 APR 2019
This request does not commit the Government to pay for any costs incurred in the preparation of this proposal or to contract for the supplies or services.
Questions regarding this RFQ and any terms and conditions must be submitted in writing to Jacquelyn.L.Warfield@uscg.mil not later than 2:00 pm EST, on 30 Apr 2025.
SCHEDULE OF PRICES
NOTE: The contractor shall provide all services, materials, supplies, supervision, labor and equipment to operate, maintain, repair and minor restoration other than construction of real property, facilities and equipment necessary to provide Facilities Maintenance and other support services in acPOCdance with PWS and all other terms and conditions set forth in this contract. CLIN = Contract Line-Item Number; SOW = Statement of Work.
CLIN
ITEM
QUANTITY
UNIT PRICE
EXTENDED PRICE
MK88 Gun Mount System Overhaul Kit
12 EA
CONTRACT ADMINISTRATION
1. CONTRACTOR RESPONSIBILITY
The Contractor is responsible for the day-to-day inspection and monitoring of the Contractor work performed to ensure compliance with contract requirements. The results of all Contractor quality control inspections conducted must be documented on inspection checklists and be made available to the Government during the term of the contract.
2. GOVERNMENT CONTRACT ADMINISTRATION
The contract will be administered by:
Jackie Warfield, Contract Specialist
Telephone: 571-607-4409
Email: Jacquelyn.L.Warfield@uscg.mil
Kenneth Tankersley, Contracting Officer
Telephone: 571-607-5447
Email: Kenneth.C.Tankrersley2@uscg.mil
The Contracting Officer (KO) has the overall responsibility for the administration of this contract. The KO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the Contract terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed quality deductions from payments for non-performance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contractual questions or matters under dispute. However, the KO may delegate certain other responsibilities to authorized representatives.
3. DESIGNATION OF POINT OF CONTACT (POC)
A Government employee may designate, in writing, by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within the scope of the contract. The POC performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the name of the POC and the authorities and limitations of the POC under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.
POC: GMCS Andrew Chan
A POC Appointment Letter will be provided to the Awardee at Contract Award.
4. INVOICING REQUIREMENTS—FIXED PRICE CONTRACT
FSMS Invoicing Instructions
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 acPOCdance 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.
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(c) The contractor may submit payment requests using a method other than IPP only when the contracting officer authorizes alternate procedures in writing in acPOCdance 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/.
TERMS AND CONDITIONS/CLAUSES
1. STANDARDS OF CONDUCT
(a) The Contractor will be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity. The Contractor is also responsible for ensuring that its employees and those of its subcontractor(s) do not disturb papers on desks, open desk drawers or cabinets, use Government telephones, except as authorized, or otherwise jeopardize the security and the privacy of Government employees, its clientele, and the contents and property of the federal building(s) where the work is performed. Each employee or supervisor of the Contractor is expected to adhere to standards of behavior that reflect credit on themselves, their employer, and the Federal Government.
(b) The Contractor will be responsible for taking such disciplinary action, including suspension without pay or removal from the worksite, with respect to its employees, as may be necessary to enforce those standards.
(c) Where applicable, the requirements of this section must be expressly inPOCporated into subcontract(s) and must be applicable to all subcontractor employees who may perform recurring services or work at the federal building and grounds of this contract.
(d) The SFLC ESD EOB Contracting Officer's Representative (POC) or Contracting Officer retains the right to permanently remove any employee or contractor if their conduct jeopardizes the safety and security of USCG SFLC personnel or its mission. The Government will request the Contractor to immediately remove any employee of the Contractor from the federal building/worksite should it be determined by the Contracting Officer that the individual employee of the Contractor is "unsuitable" for security reasons or for otherwise being found to be unfit to access the installation. The following areas (not all-inclusive) are considered justification for requesting the Contractor to immediately remove an employee from a federal building/work site:
(i) Neglect of assigned duty and refusing to render assistance or cooperate in upholding the integrity of the security programs at the worksite;
(ii) Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or rePOCds, or concealment of material facts by willful omissions from official documents or rePOCds;
(iii) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting;
participation in disruptive activities which interfere with the normal and efficient operations of the Government;
(iv) Theft, vandalism, immoral conduct, or any other criminal actions;
(v) Selling, consuming, or being under the influence of intoxicants, drugs, or controlled substances which produce similar effects;
(vi) Improper use of official authority or credentials, as a supervisor or employee of the Contractor;
(vii) Violation of agency and Contractor security procedures and regulations; and
(e) Upon the SFLC POC or their delegated representative determining that a contractor is prohibited from working on the installation, the Contracting Officer will verbally inform the Contractor about the employee, followed by a written confirmation or determination. Specific reasons for the removal of an employee will be provided to the Contractor in writing. In the event of a dispute, the Contracting Officer will make a final determination on contractual matters pursuant to the Commanding Officer's
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decision for removal.
(f) Upon a determination of the Government that an employee of the Contractor be removed from or denied access to a worksite, the employee's clearance and access to the worksite must be immediately revoked or otherwise terminated.
Furthermore, if applicable, the building pass and/or other access device(s) previously given to the employee must be immediately surrendered, returned, or delivered to the security officer.
2. USCG CONTRACTOR ACCESS PROCEDURES
A. Physical Access Suitability
a. The Government will have, and will exercise, full and complete control over granting, denying, withholding or terminating suitability determinations for all contract employees granted access to Government facilities. All employees assigned to positions requiring access to USCG facilities under this contract shall be subject to background investigations at the "National Agency Check with Inquiries" (NACI) level. Contractor personnel with access to USCG Desktop Common Productivity Tools shall also be required to comply with this requirement. The Government may, as it deems appropriate, authorize and grant temporary access to employees of the Contractor and its subcontractors. However, the granting of temporary access to any such employee will not be considered as assurance that full suitability determination will follow as a result or condition thereof. The granting of either temporary or full access will in no way prevent, preclude, or bar the withdrawal or termination of any such suitability determination by the Government as deemed necessary to protect facilities.
B. Trusted Associate Sponsorship System (TASS)
(a) "Contractor employee" means an employee of a firm, or an individual, under contract or subcontract to the Coast Guard to provide services and who requires physical and/or logical access to information systems and/or facilities.
(b) Homeland Security Presidential Directive (HSPD)-12 mandates a federal standard for secure and reliable forms of identification for Federal employees and contractor employees. The Common Access Card (CAC) is a personal identification card for the Department of Defense/Uniformed Services and complies with HSPD-12. The Coast Guard has instituted the CAC as its HSPD-12 compliant personal identification card for contractor and subcontractor employees who are required to access a Coast Guard, Department of Defense (DOD), or other federally controlled computer information system and/or facility or need public key infrastructure (PKI) authentication to perform their contractual duties. The Trusted Associate Sponsorship System (TASS) is the automated application process for obtaining a CAC.
(c) Contractor and subcontractor employees working pursuant to this contract who are required to access a Coast Guard, DOD, or other federally controlled computer information system and/or facility or need PKI authentication to perform their contractual duties shall use TASS to obtain a CAC.
(d) The Contracting Officer Representative (POC) shall serve as the TASS Trusted Agent and is responsible for creating contractor accounts in the TASS approving, returning, or rejecting CAC applications (as applicable); re-verifying assigned contractors every six months; revoking contractor and employee eligibility for a CAC; and confiscating a CAC when the contract expires or when a contractor or subcontractor employee stops working under the contract.
(e) Current standards require a favorable fingerprint check and verification of an initiated or completed investigation for all incoming Coast Guard contractor personnel before CAC issuance. The POC shall ensure that contractor personnel satisfy the security requirements for CAC issuance, and that completed fingerprint cards and electronic questionnaires for investigation processing are submitted to the U.S. Coast Guard Security Center (SECCEN).
(f) The POC or Contracting Officer shall provide such forms to, or request such information from, contractor employees that may be necessary for obtaining a CAC via the TASS. Completed forms and information shall be submitted as directed by the POC or Contracting Officer. Contractors are responsible for the accuracy and completeness of the information submitted and for any liability resulting from the Government's reliance on inaccurate or incomplete information.
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(g) Contractor or subcontractor employees who are declined via the TASS are ineligible to perform work under this contract.
When an employee with a CAC is no longer performing work under this contract, the employee must return them to the POC or Contracting Officer on the same day the employee stops working.
(h) The contractor shall insert this clause in all subcontracts when a subcontractor's employee is required to access a Coast Guard, DOD, or other federally controlled computer information system and/or facility or need PKI authentication to perform contractual duties.
3. COOPERATION WITH OTHER ON-SITE CONTRACTORS
(a) When the Government undertakes or awards other task orders or contracts for additional work at the facilities, the Contractor must: (1) fully cooperate with the other Contractors and Government employees, and (2) carefully fit its own work to such other additional contracted work as may be directed by the POC. The Contractor must not commit or permit any act that will interfere with the performance of work awarded to another Contractor or with the performance of other Government employees. In those instances where a potential or actual conflict occurs, the contractor shall be directed to contact the Contracting Officer to mitigate any actual disagreement.
(b) In any case where, in the course of fulfilling the contractual requirements, the Contractor disturbs any work guaranteed under another separate contract, the Contractor must restore such disturbed work to a condition satisfactory to the POC and guarantee such restored work to the same extent as it was guaranteed under the other contract.
FAR CLAUSES
FAR 52.252-2 Clauses InPOCporated by Reference (Feb 1998)
This contract inPOCporates 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 address:
https://www.acquisition.gov/
(End of clause)
NUMBER TITLE DATE
52.202-1 Definitions Jun 2020
52.203-7 Anti-Kickback Procedures Jun 2020
52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011
52.204-19 InPOCporated by Reference of Representations and Dec 2014
Certifications
52.212-4 Contract Terms and Conditions – Commercial Items Nov 2023
52.226-7 Drug Free Workplace May 2024
52.245-1 Government Property Sep 2021
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR
PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEVIATION 20-05) (JUL 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
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(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 Attachment 1 FAR Class Deviation 2020-05, Revision 3 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 inPOCporated to prevent future use or submission of Kaspersky Lab covered articles.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.
(End of clause)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT (DEVIATION 20-05) (DEC 2020)
(a) Definitions. As used in this clause-
"Backhaul" means intermediate links between the POCe network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the POCe telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
"Covered foreign country" means The People's Republic of China.
"Covered telecommunications equipment or services" means-
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE POCporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications POCporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or Attachment 1 FAR Class Deviation 2020-05, Revision 3
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
"Critical technology" means-
(l) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
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(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of2018 (50 U.S.C. 4817).
"Interconnection arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. Attachment 1 FAR Class Deviation 2020-05, Revision 3
"Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(l)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(l)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing-
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.clod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(l) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to
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prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be inPOCporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c)
(1)Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS-COMMERCIAL ITEMS (JAN 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are inPOCporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic POCporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C.
3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being inPOCporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
_X_(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
_X_(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
__(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282)
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( 31 U.S.C. 6101 note).
__(6) [Reserved].
__(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).
__(11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
__(ii) Alternate I (Dec 2023) of 52.204-30.
__(12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).
__(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__(14) [Reserved].
__(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__(17) [Reserved]
__(18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__(ii) Alternate I (Mar 2020) of 52.219-6.
__(19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__(ii) Alternate I (Mar 2020) of 52.219-7.
__ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).
__(21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).
__(ii) Alternate I (Nov 2016) of 52.219-9.
__(iii) Alternate II (Nov 2016) of 52.219-9.
__(iv) Alternate III (Jun 2020) of 52.219-9.
__(v) Alternate IV (Sep 2023) of 52.219-9.
__(22)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__(ii) Alternate I (Mar 2020) of 52.219-13.
__(23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
__(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
_X_(26) (i) 52.219-28, Post Award…
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