RFP Combo hats HSCG23-11-R-PUD704.docx

SECTION B – Supplies or Services/Prices

B.1 GENERAL DESCRIPTION

The United States Coast Guard (USCG) seeks to establish a supply contract for Combination Caps/Hats for a for a 12 month period of performance with four (4) twelve month option periods. This acquisition is set aside for small business. The Government reserves the right to award multiple firm-fixed price Indefinite-Delivery, Indefinite Quantity contracts for one, varied or all items listed in the schedule. Delivery orders will be issued for the items in the Schedule as they are required by the Government. The Contractor shall perform the effort required by this contract on a Firm Fixed Price basis. The work shall be performed in accordance with all sections of this contract.

B.2 FIRST ARTICLE TESTING REQUIREMENT

The contractor shall be required to submit for approval a first article lot production in accordance with FAR Clause 52.209-4 included in Section I of this contract. The first article lot shall include 95 fully assembled hats/caps of selected size and styles listed in Attachment 4. Approval as used in this paragraph means the contracting officer's written notification to the contractor accepting the test results of the first article. The initial delivery order is expected to be awarded at the time of award or shortly thereafter and will execute the first article testing requirement. In accordance with FAR Clause 52.209-4, the contractor may request a waiver to this requirement.

B.3 GUARANTEED MINIMUM QUANTITIES

The guaranteed minimum quantities are defined in the following schedule. Please note that the guaranteed minimum quantities are those items that the Government must order and the contractor shall furnish during the five-year period of performance. The items ordered in the First Article Lot Production are included in the guaranteed minimum. Attachment 3 lists minimum quantity, projected quantity, and maximum quantity. Projected and maximum quantities are ESTIMATES ONLY and are in no way purchased or guaranteed under the resulting contract.

Women's Cap Cover (Enlisted and Commissioned Officers)

IAW MIL-H-24900A(CG)

Type 4 Class 1 200

Cap Combination, Women's Enlisted, complete with Cap Mount, Insignia, Cloth Cover, and one (01) additional cloth cover of matching size.

IAW MIL-H-24900A(CG) Type 1 350

Cap Combination, Women's Commissioned Officer (LCDR and below), complete with Cloth Cover, Mount, Insignia, Gold Chin Strap, and one (01) additional Cloth Cover of matching size.

IAW MIL-H-24900A(CG) Type 2 45

Cap Combination, Women's Commissioned Officer (Commander and Captain), complete with Cloth Cover, Mount, Embroidered Insignia, and one (01) additional Cloth Cover of matching size. IAW MIL-H-24900A(CG) Type 3 5

Men's Cap Cover, 4970 Cloth, White

IAW MIL-H-24937A 400

Cap Combination, Men's Enlisted, complete with Black Chin Strap, Band, Mount, Gold Cap Buttons, Cloth Cover, and one (01) additional cloth cover of matching size.

IAW MIL-H-24937A 450

Cap Combination, Men's Commissioned Officer (Commander and Captain), complete with Gold Chin Strap, Band, Mount Metal Insignia, Embroidered Visor, Gold Cap Buttons, Cloth Cover, and one (01) additional Cloth Cover of matching size.

IAW MIL-H-24937A 50

TOTAL GUARANTEED MINIMUM CONTRACT QUANTITY:

Women's Combination Hat Covers: 200 Women's Combination Hats: 400 Men's Combination Hat Covers: 400 Men's Combination Hats: 500

SECTION C – Description/Specifications

C.1 STATEMENT OF WORK/SPECIFICATIONS

The specification for this requirement is listed as an attachment in Section J. The contractor shall manufacture and deliver to the Government Combination Caps/Hats and Covers that meet the requirements in the attached specifications referenced in Section J: Women's Cap Cover; Women's Combination Cap and Cover, Enlisted; Women's Combination Cap and Cover, Commissioned Officer (LCDR and below); Women's Combination Cap and Cover, Commissioned Officer, Commander and Captain; Men's Cap Cover; Men's Combination Cap and Cover, Enlisted; Men's Combination Cap and Cover, Commissioned Officer, Commander and Captain. The various sizes ordered will be determined by the task order.

C.2 RESTRICTIONS OF MATERIAL WASTE/REJECTED QUANTITIES

Non-usable seconds include any fabric, material or articles of clothing that may be a part of the Combination Cap and Cover. Seconds in the length of 10 yards or less may be disposed using the contractor's routine practice. The contractor shall contact the Contracting Officer for approval prior to disposal of non-usable seconds of the Combination Cap/Hat and Cover or any part thereof. The Coast Guard reserves the right to retrieve any fabric, material or articles of clothing that may be a part of the Combination Cap/hat and Cover for its use.

C.3 GOVERNMENT FIRST ARTICLE TESTING/VERIFICATION

Prior to First Article approval, the Government reserves the right to conduct its own conformance testing and user evaluation. This testing may encompass the testing identified in the specification document referenced in Section J. The Government reserves the right to perform additional First Article Testing on the Combination Caps/Hats and Covers.

C.4 MEETINGS

C.4.1 Post Award Conference. A Post Award Conference shall be held if deemed necessary by the Government. The contractor shall be notified of the Government's decision at award if a Post Award Conference will be required. If required and at the request of the Contracting Officer, the conference shall be hosted by the contractor within thirty (30) days after contract award. The contractor and all significant subcontractors shall participate in a Post Award Conference. The purpose of the conference is to ensure mutual understanding of contract requirements and procedures, conduct a review of the Combination Caps and Covers design and to discuss any technology insertion, proposed product improvement, and timelines for insertion of the improvements. Discussions at the conference will focus upon project orientation, clarification and transfer of applicable background information, contract requirements, dispute resolution procedures, and identification of points of contact from contractor and Government organizations. An overarching goal of the Post Award Conference is the establishment of efficient and effective communication mechanisms among the parties, which include but is not limited to e-mail, teleconferencing, video teleconferencing, and any other technologies available to facilitate timely communication.

C.5 ORDERING SEQUENCE OF EVENTS

C.5.1 Award First Article. Upon award of the contract, the Government shall issue a Delivery Order for First Article Test Combination Caps/Hats and Covers. Upon completion of the First Article production run, the Contractor shall submit the first article garments to the Government for inspection. After inspection of the Contractor's First Article Combination Caps/Hats and Covers, the Contractor shall be notified by the Contracting Officer of the approval, conditional approval, or disapproval of the first article.

C. 5.1.1 Government Approval, Conditional Approval, and Disapproval of First Article Test Report and First Article. The Government will conduct First Article Testing in accordance with FAR 52.209-4.

C.6 WARRANTY PERFORMANCE

The contractor shall warrant all items against defects in workmanship and design in accordance with FAR 52.246-17.

C.7 PACKAGING, HANDLING AND STORAGE

The contractor shall comply with Section D of the contract, and utilize the methods required to ensure all Combination Caps/Hats and Covers are property preserved, packaged, marked, handled, and transported to the Government's storage facility at:

Shipping and Receiving (PUD-704) (Delivery Order: [enter appropriate number of deliver order, not contract number]) USCG Uniform Distribution Center 414 Madison Ave Woodbine, NJ 08270

SECTION D – Packaging and Marking

D.1 All items delivered under this contract shall be packaged and marked to ensure delivery of the items without damage to their final destination.

D.2 All items delivered under this contract shall be packaged in accordance with Section 5 of the Specification Documents (See Section J).

D.3 Supplemental Instructions For Direct Vendor Delivery:

The Contractor shall mark all shipments under this contract with the contract number and delivery order number. The shipments shall be marked in accordance with MIL-STD-129P, “Department of Defense Standard Practice Military Marking for Shipment and Storage” and other special markings as specified below:

In accordance with Section 5 (Packaging) in each specification document.

NOTE: Failure to mark all packages, boxes, etc., as indicated above, may result in return of the shipment at the contractor's expense for repackaging and reshipment to the Government.

D.4 PRESERVATION. PACKAGING AND PACKING

The contractor shall preserve, pack, and package in such a way to ensure complete delivery at destination without damage or deterioration of the supplies due to the hazards of shipping, handling or storage.

D.5 MARKINGS OF WARRANTED ITEMS

Pursuant to the requirements of FAR 46.706(b)(5), the contractor shall stamp or mark the supplies delivered or otherwise furnish notice with the supplies of the existence of the warranty. Markings may be brief but should include (i) a brief statement that a warranty exists, (ii) the substance of the warranty, (iii) its duration, and (iv) who to notify if the supplies are found to be defective.

D.6 INCLUSION OF CONTRACT NUMBER AND DELIVERY ORDER NUMBER ON DOCUMENTATION

The contractor shall include the contract number and delivery order number on the following documentation:

1. Shipping documentation

2. Invoices

3. Correspondence pertaining to a particular delivery order

D.7 PACKAGING EXAMINATION REQUIREMENTS

The fully packaged end item shall be examined for any defects in accordance with Section 4.5 of each Specification Document.

SECTION E – Inspection and Acceptance

E1. INSPECTION AND ACCEPTANCE REQUIREMENTS

Supplies are accepted/inspected by the COTR at destination, CG Uniform Distribution Center (UDC), 414 Madison Ave, Woodbine, NJ 08270. The responsibility for recommendation to accept/reject Combination Cap/Hat lot shipments will be with the Coast Guard (CG) Clothing Design Technical Office (CDTO). The Government Quality Assurance Specialist from CDTO shall perform Production Lot Quality Assurance Inspection of delivery order lots at origin prior to shipments. Inspections shall be conducted using the random sampling method in accordance with ANSI Inspection Level 1/AQL 4.0 (sampling procedures and tables for inspection by attribute according to lot size) using the QA Inspection Procedures for Clothing Items. During the course of production, the Government reserves the right to conduct additional testing to verify that production items continue to meet the desired material performance characteristics. The Contractor shall coordinate with the COTR the dates for inspection visits at origin. Inspections at origin will be completed no later than two full working days prior to lot shipments to allow shipping preparation time. The COTR will be responsible for inspection and acceptance of goods at destination to verify that shipments are received in good condition and correct quantities. Following COTR acceptance of lot shipments a defect in a garment is handled by warranty of the item.

E2. INSPECTION AND ACCEPTANCE TERMS

First Article supplies will be inspected/approved by authorized CG Clothing Design Technical Office (CDTO) personnel. The CDTO POC is Paula Leuci, (508) 233-4898 (Ext. 4150).

E3. 52.209-4 FIRST ARTICLE APPROVAL –GOVERNMENT TESTING.

First Article Approval – Government Testing (Sept 1989)

(a) The Contractor shall deliver first article items in accordance with Attachment 4 of the contract within 45 calendar days from the date of this contract to the Government for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract. The Government intends to do first article inspection at origin but will require the shipment of first article items to destination upon successful completion of testing.

(b) Within 30 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor—

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver. (End of clause)

SECTION F – Deliveries or Performance

F1. DELIVERY SCHEDULE

The delivery quantity requirements shall be defined by individual delivery order.

F2. MINIMUM AND MAXIMUM QUANTITIES

As referred to in paragraph (b) of the "Indefinite Quantity" clause of this contract, the minimum quantity of the contract is specified in Section B, Schedule at the contract unit price(s). The recording of the obligation of funds associated with the guaranteed minimum amount under the basic contract will be issued under task order(s)/delivery order(s) immediately upon award of this contract. The maximum quantity is the total "not to exceed" quantity for each item as set forth in Attachment 3. The maximum quantity is not to be exceeded without prior approval of the Contracting Officer.

F3. PROOF OF DELIVERY

If United Parcel Service (UPS) or Federal Express services are used for transportation, each package must have a unique package identification number. The Government will not consider the manifest as proof of delivery unless each package can be uniquely identified. Acceptance will occur only after the Government can verify actual receipt of the contract items packaged, marked, and labeled as required elsewhere in this contract.

F4. PLACE OF DELIVERY – DESTINATION

Contract production supply items shall be delivered and all transportation charges paid by the contractor to: CG Uniform Distribution Center (UDC), 414 Madison Ave., Woodbine, NJ 08270. The POC is CWO Jose Samaniego, (609) 898-6796.

F5. TRACEABLE FREIGHT

The Contractor shall assume all responsibility for shipment to the specified destination. Shipment must be via a fully traceable freight method. Traceable freight means that the shipment is registered upon shipment with an identifying number. The number is for location of the shipment at any point in transit, including final destination, and verifies shipment arrival at the specified destination. If a shipping method does not provide traceability as defined above, it shall not be used.

F6. DELIVERY NOTIFICATION REQUIREMENTS

The contractor shall notify the designated point of contact (POC) 24 hours prior to delivery of supplies to Coast Guard Uniform Distribution Center. This notification shall include the following information:

SECTION G – Contract Administration Data

G1. CONTRACTOR POINT OF CONTACT (POC)

Please designate a person whom the Government may contact during the period of the contract for prompt contract administration.

NAME: _______________________________________________

TITLE:________________________________________________

ADDRESS: ____________________________________________

PHONE:_______________________________________________

TOLL-FREE PHONE NO: (800)____________________________

FULL INTERNET E-MAIL ADDRESS: _____________________

FAX NO:______________________________________________

This contract may be subject to Contract Performance Assessment Reporting System (CPARS). Designate an individual who has the authority to review and provide comments on Government appraisals of your firm's performance under this contract.

NAME: _______________________________________________

TITLE:________________________________________________

PHONE:_______________________________________________

TOLL-FREE PHONE NO: (800)____________________________

FULL INTERNET E-MAIL ADDRESS: _____________________

G2. APPOINTMENT OF ORDERING OFFICER(S)

The following activities are designated as authorized Ordering Officer(s):

For all orders:

U.S. Coast Guard Headquarters 2100 2nd Street SW Stop 7112 Washington, DC 20593-7112

Designated Coast Guard Contracting Officers (CG-9121) and

For orders at the SAP limit of $150,000.00 or less and depending on the warrant limit of the ordering Contracting Officer:

USCG Uniform Distribution Center (UDC) 414 Madison Ave.

Woodbine, NJ 08270

The above activity or individual(s) is/are responsible for issuing and administering any orders placed hereunder. Ordering Officers may negotiate revisions/modifications to orders, but only within the scope of this contract. Ordering Officers have no authority to modify any provision of this basic contract. Any deviation from the terms of the basic contract must be submitted to the contracting officer for contractual action. Ordering officers may enter into mutual no-cost cancellations of orders under this contract and may reduce the scope of orders/tasks, but only the contracting officer shall issue a Termination for Convenience or Termination for Default.

SECTION H – Special Contract Requirements

H.1 WARRANTY PERIOD

(a) Notwithstanding the provisions of the “Inspection of Supplies” clause of this contract, supplies accepted by the Government are warranted by the Contractor to be free from any defects in material or workmanship and are warranted to be in conformity with contract requirements. The word “accepted” as used herein means the execution of the Acceptance Block and signing of a DD Form 250 by an authorized Government representative.

(b) The Government will notify the Contractor of any defects or requirement nonconformities that are discovered within the Warranty period. If the Government so requires within a reasonable time after such notification, the Contractor shall expeditiously proceed to correct or replace the defective or nonconforming item or part thereof. When the correction or replacement requires transportation of the item or part, the Contractor shall bear all normal commercial costs for shipping to and from the point of correction or replacement. The Government will bear any extraordinary costs of shipping above the normal commercial cost. After acceptance of the replaced or corrected supplies, the Warranty period for the replaced or corrected supplies shall remain in effect for twelve (12) months unless a different period of warranty is specified. If the Government does not require the Contractor to correct or replace defective or nonconforming supplies, the Contractor shall repay such portion of the contract price of the item as is equitable given the circumstances after being notified within a reasonable time of the defect or nonconformance.

(c) Whenever practicable, the Government will, in addition to giving the Contractor notice of any defect or nonconformance, afford the Contractor an opportunity to examine the defective supplies before they are replaced or corrected.

(d) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights otherwise afforded to the Government under this contract.

SECTION I – Contract Clauses

I1. THE FAR & HSAR PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE OR INCLUDED IN FULL TEXT:

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FAR clauses: https://www.acquisition.gov/Far/

I2. FAR CLAUSES NOT INCORPORATED BY REFERENCE

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JULY 2010)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

[Contracting Officer check as appropriate.] _X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

___ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

_X (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (8) [Reserved] _X_ (9) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (10) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

___ (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (12) (i) 52.219-9, Small Business Subcontracting Plan (July 2010) (15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

___ (14) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (15) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (16) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (21) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X (24) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

_X (25) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X (26) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

_X (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X (31) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (41) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(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 Subpart 4.7, Contractor Records Retention, of the 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 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.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.209-8 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (DEVIATION 11-01) (OCT 2010)

(a)(l) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011.

(b)(l) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) Public access to information in FAPIIS (i) Public requests for system information that was submitted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in F APIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(End of clause)

FAR 52.216-18 ORDERING (OCT 1995)

(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 the date of contract award through expiration of each term option, if exercised.

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

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

Note Ordering Activity: U.S. Coast Guard Headquarters, Washington, DC.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 25 caps/hats, 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 25,000 caps/hats;

(2) Any order for a combination of items in excess of 40,000 caps/hats in one year; or

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

(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) above.

(d) Notwithstanding paragraphs (b) and (c) above, 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 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 365 days after expiration of the contract.

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

(a) The Government may extend the term of this contract by written notice to the Contractor; provided that the Government gives the Contractor a preliminary written notice to the contractor within 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

FAR 52.223-14 Toxic Chemical Release Reporting (Aug 2003)

(a) Unless otherwise exempt, the Contractor, as owner or operator of a facility used in the performance of this contract, shall file by July 1 for the prior calendar year an annual Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023(a) and (g)), and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106). The Contractor shall file, for each facility subject to the Form R filing and reporting requirements, the annual Form R throughout the life of the contract.

(b) A Contractor-owned or -operated facility used in the performance of this contract is exempt from the requirement to file an annual Form R if—

(1) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65;

(2) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

(3) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

(4) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors:

(i) Major group code 10 (except 1011, 1081, and 1094.

(ii) Major group code 12 (except 1241).

(iii) Major group codes 20 through 39.

(iv) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce).

(v) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.)), or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or

(5) The facility is not located in the United States or its outlying areas.

(c) If the Contractor has certified to an exemption in accordance with one or more of the criteria in paragraph (b) of this clause, and after award of the contract circumstances change so that any of its owned or operated facilities used in the performance of this contract is no longer exempt—

(1) The Contractor shall notify the Contracting Officer; and

(2) The Contractor, as owner or operator of a facility used in the performance of this contract that is no longer exempt, shall—

(i) Submit a Toxic Chemical Release Inventory Form (Form R) on or before July 1 for the prior calendar year during which the facility becomes eligible; and

(ii) Continue to file the annual Form R for the life of the contract for such facility.

(d) The Contracting Officer may terminate this contract or take other action as appropriate, if the Contractor fails to comply accurately and fully with the EPCRA and PPA toxic chemical release filing and reporting requirements.

(e) Except for acquisitions of commercial items as defined in FAR Part 2, the Contractor shall—

(1) For competitive subcontracts expected to exceed $100,000 (including all options), include a solicitation provision substantially the same as the provision at FAR 52.223-13, Certification of Toxic Chemical Release Reporting; and

(2) Include in any resultant subcontract exceeding $100,000 (including all options), the substance of this clause, except this paragraph (e).

(End of clause)

FAR 52.232-1 PAYMENTS

As prescribed in 32.111(a)(1), insert the following clause, appropriately modified with respect to payment due date in accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, a fixed-price service contract, or a contract for nonregulated communication services is contemplated:

Payments (Apr 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if—

(a) The amount due on the deliveries warrants it; or

(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

(End of clause)

CG-912 PAYMENT CLAUSES (Sep 2008)

a. Invoicing and Payment Information for Contractors

All contractors must be registered in the Central Contractor Registration (CCR): https://www.bpn.gov/ccr/default.aspx. The Data Universal Numbering System (DUNS) number is the primary identifier in Central Contractor Registration (CCR). Contractors are located and identified in CCR by their DUNS number. Therefore, to facilitate payment, it is in the contractor's best interest to ensure that the DUNS number is recorded on every invoice submitted to the US Coast Guard.

b. Request for Payment

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

(2) Each invoice shall be e-mailed to the designated billing office at the following address:

CG-9121-Invoices@uscg.mil

The Invoice Number, Contract Number, and Task Order Number (If applicable), Contracting Officer and Contract Specialist shall be identified in the email Subject Line.

(3) Each invoice shall also be e-mailed to the Contract Specialist and the Contracting Officer’s Technical Representative (COTR) at the addresses cited below:

Alan.C.Boucher@uscg.mil Contract Specialist Robert.D.Evelyn@uscg.mil COTR

(4) The contractor shall submit SF 1034, Public Voucher for Purchases and Services Other Than Personal, and SF 1035, Public Voucher for Purchases and Services Other Than Personal (Continuation Sheet), or another form such as a company invoice to request payments under this contract. The forms or invoice must be completed as required by this clause and IAW FAR 52.232-25.

(End of Clause)

I3. DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION

HSAR 3052.225-70 REQUIREMENT FOR USE OF CERTAIN DOMESTIC COMMODITIES (AUG 2009)

(a) Definitions. As used in this clause--

(1) ``Commercial,'' as applied to an item described in subsection (b) of this clause, means an item of supply, whether an end product or component, that meets the definition of ``commercial item'' set forth in (FAR) 48 CFR 2.101.

(2) ``Component'' means any item supplied to the Government as part of an end product or of another component.

(3) ``End product'' means supplies delivered under a line item of this contract.

(4) ``Non-commercial,'' as applied to an item described in subsections (b) or (c) of this clause, means an item of supply, whether an end product or component, that does not meet the definition of ``commercial item'' set forth in (FAR) 48 CFR 2.101.

(5) ``Qualifying country'' means a country with a memorandum of understanding or international agreement with the United States under which DHS procurement is covered.

(6) ``United States'' includes the possessions of the United States.

(b) The Contractor shall deliver under this contract only such of the following commercial or non-commercial items, either as end…