HSCG23-15-R-PBB901.pdf

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SOLICITATION: HSCG23-15-R-PBB901

TABLE OF CONTENTS

PART DESCRIPTION PAGE

I SF 1449, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS, SF 1449 Continuation 1-3

Table of Contents 4 A. & B. Blocks 19-24 – Statement of Work 5-12

II CONTRACT CLAUSES 13-24

III LIST OF CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS 25-25

IV PROVISIONS 26-36

FAR 52.212-1 Instructions to Offerors-Commercial Items FAR 52.212-2, Evaluation-Commercial Items VI Attachments 37-44

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PART I

A. Blocks 19-24, Schedule of Supplies/Services

1. General: This contract is a Time and Materials (T&M) contract.

2. Contract Period of Performance: The contract period of performance shall be:

Base Period July 1, 2015 - June 30, 2016

Option Period One July 1, 2016 - June 30, 2017 Option Period Two July 1, 2017 - June 30, 2018 Option Period Three July 1, 2018 - June 30, 2019 Option Period Four July 1, 2019 - June 30, 2020

3. Price Schedule: Provide pricing in accordance with Price Schedule. Pricing shall be provided in accordance with the instructions provided on the SF1449 and as follows. For CLIN 0001 (and corresponding option CLINS), fixed hourly rates to include direct, indirect and profit shall be provided in accordance with the estimated hours provided in Attachment 2 in based on Attachment 5, FY 14/15 bus schedule. As a government Not-to-Exceed (NTE) amount is provided for CLINS 0002 and the corresponding option CLINS, prices need not be proposed for those CLINS. Pricing Schedule Format is provided in Attachment 2.

4. Time & Materials (T&M) Labor Rate Pricing Schedule: CLINS 0001, 1001, 2001, 30001 and 40001: The hourly rates are fixed rates that include wages, overhead, general and administrative expenses, and profit. Complete the Attachment 1 and Attachment 2 below for Min/Max bus information and CLIN’s 0001, 10001, 20001, 30001 and 40001.

B. Statement of Work

1.0 GENERAL

1.1 BACKGROUND

The United States Coast Guard Academy (USCGA) is located in New London, CT. The USCGA supports an NCAA Division III athletic program that includes 25 sports and 7 charted clubs with over 600 student athletes. These athletes need transportation to away contests as well as offsite practice locations. Our athletic conferences contain schools in the New England Area so most of the trips are within 2-3 hours of the USCGA and within the same day. There are however, multi day trips as well as trips outside of the New England area.

1.2 Scope

The Contractor shall provide all personnel and vehicles necessary to transport teams to away events. There are three seasons to an athletic year: the fall, the winter, and the spring. The actual bus schedule for the 2014-2015 academic year is attached as a

HSCG23-15-R-PBB901 Page 6 of 47 reference to provide a typical year in terms of scope and contest locations. The schedule will change from year to year based teams finalizing their sports schedules.

1.3 OBJECTIVE

The objective of this contract is to secure services to safely transport athletic teams to the location of their contest on time and then safely return them home.

1.4 APPLICABLE DOCUMENTS

The Contractor, while in performance of its duties under this contract, shall comply with and observe the laws of the State of Connecticut and all other applicable laws including all Department of Transportation Rules and Regulations.

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:

State of Connecticut Laws Department of Transportation Rules and Regulations

1.4.2 Reference Documents

The following documents may be helpful to the Contractor in performing the work described in this document:

2014-2015 Past Athletic Event Schedule

2.1 TASK ONE. Vehicle Requirements: Types, Capabilities, & Quantities

2.1.1 The Contractor shall provide two types of vehicles required to support our trips: a 54-56 passenger (or equivalent) referred to as a coach and a 36-38 passenger (or equivalent) referred to as a mini.

2.1.2 Both the coach and the mini shall have undercarriage storage, WIFI, and restroom facilities on board. All buses provided will be neat, clean, and in good repair.

2.1.3 There will be days when multiple vehicles may be requested. The Contractor shall be able to support such demand based on our scheduled events. A typical day may have 2-3 buses schedule and a heavy day may have 4-5 buses scheduled.

2.1.4 The Government would prefer buses no older than 7 years but must have the amenities we require and appropriate safety /maintenance records..

2.1.5 The Contractor shall, in the event of an accident or failure of a vehicle, ensure the safety of all passengers. The Contractor shall immediately dispatch a replacement vehicle to the location of the stranded passengers and notify the COR and or designated POC of the incident and any actions taken. The Contractor shall be required to repair or replace the inoperative vehicle within 2 hours, beginning from the time the vehicle is first

HSCG23-15-R-PBB901 Page 7 of 47 determined to be inoperable. If the Contractor fails to repair or replace the inoperative vehicle with a similar vehicle within 3 hours, USCGA at its option may elect to secure a replacement vehicle from other sources, regardless of the reason that caused the downtime. The Contractor shall be assessed for any cost incurred by USCGA in securing replacement services.

2.2 TASK TWO. Scheduling

2.2.1 The Contractor shall designate a single contact to work with our travel administrator. The travel administrator shall be the main POC from the government to communicate the travel needs for the teams. The travel administrator will communicate the schedules to the Contractor in accordance with timeframes established in paragraph 9.0.

2.2.2 The Contractor shall furnish the bus size requested by USCGA. If the bus size is not available, the Contractor shall send a larger bus, but shall bill at the smaller bus rate.

USCGA will typically request a mini when the traveling party is less than 75% capacity (i.e. 26-27 for a 36 passenger bus) and the coach buses when the travel party exceeds this amount or the equipment required to travel with the team needs additional storage.

2.2.3 The bus shall arrive 30 minutes prior to departure time and drivers are expected to be courteous, professional, and know the best route to the site before they arrive.

2.2.4 Schedules are subject to cancellation mainly due to weather related issues and often times rescheduled the following day. Other schedule changes come from event formats

(ex. Championships) or rescheduled games bumped from the earlier times. The Contractor must have a sufficient fleet and flexibility with their workforce to provide service in the midst of these types of fluctuations.

2.2.5 If Contractor cannot supply a bus for the times needed, the Contractor shall contract another bus from a competitor, secure the requested size bus, and charge at the contracted rates to CGA.

2.2.6 The past bus schedule for the 2014-2015 academic year is attached as a reference to provide a typical year in terms of scope and contest locations.

2.3 TASK THREE. Record Keeping

2.3.1 The Contractor will provide trip reports via email to the USCGA travel administrator when trips are confirmed/scheduled that will contain at a minimum the sport team, the spot times, the pickup location, the drop off location, the expected return, and the estimated cost. The post trip invoices shall be provided via email to the USCGA travel administrator and contain at a minimum the same information with the exception estimated cost which will be replaced with the actual cost. The Contractor will also include on the invoice the requirements specified in the clause CG-9121 Invoicing in the Terms and Conditions Attachment.

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2.4 TASK THREE. Proof of Insurance

2.4.1 The Contractor shall submit to the USCGA Contracting Officer’s Representative (COR) and to the Contracting Officer with proof of insurance for damage to property of injury to persons prior to commencement of contract. Such insurance shall be in the amount of $5,000,000 and shall be secured from an insurance company authorized by law to transact business in the State of Connecticut.

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 shall ensure that the contractually required level of support for this requirement is maintained at all times.

3.3 Key Personnel

Before replacing any individual designated as Key by the Government, the Contractor shall 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 shall possess qualifications equal to or superior to those of the Key person being replaced. The Contractor shall not replace Key Contractor personnel without acknowledgment 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.

• Project Manager (Contractor POC overseeing this contract)

• Scheduler (Contractor employee responsible for scheduling the transportation needs)

3.3.1 Contractor Key personnel shall not be assigned by the Contractor to more than one key position for this requirement.

3.4 Project Manager

The Contractor shall provide a Project Manager who shall be responsible for all Contractor work performed under this SOW. The Project Manager shall be a single point of contact for the Contracting Officer and the COR. 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

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English. Additionally, the Contractor shall not replace the Project Manager without prior acknowledgement from the Contracting Officer.

3.4.1 The Project Manager shall be available to the COR via telephone between the hours of 0800 and 1700 EST, Monday through Friday, and shall respond to a request for discussion or resolution of technical problems within 1 hour of notification. The Project Manager shall also be available to be contracted after hours when buses are deployed or expected to be deployed for our requirements.

3.5 Employee Identification

3.5.1 Contractor employees visiting Government facilities shall wear an identification badge that, at a minimum, displays the Contractor name and employee name. Visiting Contractor employees shall comply with all Government escort rules and requirements.

All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

3.5.2 Contractor employees coming on-site to Academy facilities shall have a valid driver’s license at all times. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent.

3.6 Employee Conduct

Contractor’s employees shall 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 shall ensure Contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States or the Department of Homeland Security. The Project Manager shall ensure Contractor employees understand and abide by Department of Homeland Security established rules, regulations and policies concerning safety and security.

3.7 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

All contactors shall have a valid government issued driver’s license to enter the Academy. This must be presented at the entry gate to security personnel.

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4.2 PLACE OF PERFORMANCE

The primary place of performance will initiate and end at the US Coast Guard Academy, but will be offsite to the locations of the activities.

4.3 HOURS OF OPERATION

The Contractor shall provide transportation services Monday through Sunday. Departure and arrival times will vary based on the scheduled events.

4.4 TRAVEL

Contractor travel shall be required to provide transportation services for the athletic teams which is by definition travel. No per-diem for food is authorized. For overnights, hotel costs shall be paid by the contactor and later billed to the Government.

4.5 POST AWARD CONFERENCE

The Contractor shall attend a Post Award Conference with the Contracting Officer and the COR no later than 10 business days after the date of award. The purpose of the Post Award Conference, which will be chaired by the Contracting Officer, is to discuss technical and contracting objectives of this contract and review the Contractor's draft project plan. The Post Award Conference will be held at the Government’s facility, located at 33 Mohegan Ave New London, CT 06320 or via teleconference.

4.6 PROJECT PLAN

N/A

4.7 BUSINESS CONTINUITY PLAN

N/A

4.8 PROGRESS REPORTS

N/A

4.9 PROGRESS MEETINGS

The Project Manager shall be available to meet with the COR upon request to present deliverables, discuss progress, exchange information and resolve emergent technical problems and issues. These meetings shall take place at 33 Mohegan Ave New London, CT 06320 or via teleconference.

4.10 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).

4.11 INTELLECTUAL PROPERTY

N/A

4.12 PROTECTION OF INFORMATION

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4.13 SECTION 508 COMPLIANCE

N/A

5.0 GOVERNMENT TERMS & DEFINITIONS

5.1 COR – Contracting Officer’s Representative

5.2 DHS − Department of Homeland Security

5.3 USCG − US Coast Guard

6.0 GOVERNMENT FURNISHED RESOURCES

The Government will provide all necessary information, schedules, and documents to the Contractor for work required under this contract.

7.0 CONTRACTOR FURNISHED PROPERTY

The Contractor shall 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 6.0.

8.0 GOVERNMENT ACCEPTANCE PERIOD

The COR will review deliverables at time of service, prior to acceptance and provide the Contractor with an e-mail that provides documented reasons for non-acceptance. If the deliverable is acceptable, the COR will send an e-mail to the Contractor notifying it that the deliverable has been accepted.

8.1 The COR will have the right to reject or require correction 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 COR of the specific reasons for rejection. The Contractor shall have an opportunity to correct the rejected deliverable and return it per delivery instructions.

9.0 DELIVERABLES

The Contractor shall consider items in BOLD as having mandatory due dates. Items in italics are deliverables or events that must be reviewed and/or approved by the COR prior to proceeding to next deliverable or event in this SOW.

ITEM SOW

REFERENCE

DELIVERABLE /

EVENT DUE BY

DISTRIBUTION

1 4.6 Post Award Conference June 1st

2 2.2.6 Fall Needs Scheduled June 15th

COR, Contracting Officer, Travel Administrator

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ITEM SOW

REFERENCE

DELIVERABLE /

EVENT DUE BY

DISTRIBUTION

3 2.2.6 Winter Needs Scheduled September 15th

COR, Contracting

Administrator

4 2.2.6 Spring Needs Scheduled December 15th COR, Contracting Officer, Travel Administrator

5 2.3.1 Trip Reports 3 days after completion of trip

COR, Contracting Officer, Travel Administrator

6 2.1.4 Safety/maintenance documentation or reports

3 days after contract award

COR, Contracting Officer, Travel Administrator

7 2.4.1 Proof Of Insurance 3 days after contract award

COR, Contracting

Administrator

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PART II

Contract Clauses

The following clauses are incorporated by reference

Clause Description Date 52.202-1 Definitions Nov 2013 52.203-5 Covenant Against Contingent Fees May 2014 52.203-7 Anti-Kickback Procedures May 2014 52.203-17 Contractor Employee Whistleblower Rights and

Requirement To Inform Employees of Whistleblower Rights

Apr 2014

52.204-19 Incorporation by Reference of Representations and Certifications

Dec 2014

52.212-4 Contract Terms and Conditions -- Commercial Items

Dec 2014

52.222-17 Nondisplacement of Qualified Workers May 2014 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.225-25 Prohibition on Contracting with Entities

Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications

Dec 2012

52.232-1 Payments Apr 1984 52.232-4 Payments under Transportation Contracts and

Transportation-Related Services Contracts Apr 1984

52.232-7 Payments under Time-and-Materials and Labor- Hour Contracts

Aug 2012

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.233-2 Service of Protest Sep 2006 52.244-6 Subcontracts for Commercial Items Mar 2015 52.246-6 Inspection -- Time-and-Material and Labor-Hour May 2001 3052.204-71 Contractor Employee Access Sep 2012 3052.209-70 Prohibition on Contracts with Corporate

Expatriates Jun 2006

3052.209-79 Representation By Corporation Regarding a Felony Criminal Violation Under Any Federal or State Law or Unpaid Federal Tax Liability

(Feb 2014) (DHS FAR Class Deviation 14-02)

3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items

Sep 2012

3052.215-70 Key Personnel or Facilities 3052.216-70 Evaluation of Offers Subject to an Economic

Price Adjustment Clause

June 2006

3052.228-70 Insurance Dec 2003 3052.242-71 Dissemination of Contract Information Dec 2003 3052.242-72 Contracting Officer’s Technical Representative Dec 2003

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52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

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

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111- 117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C.

6101 note).

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

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

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

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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

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

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___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

644).

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) of 52.219-9.

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

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X__ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.)

___ (35) (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.)

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___ (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.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___ (44) 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).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

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___ (54) (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:

_X__ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658).

(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

HSCG23-15-R-PBB901 Page 18 of 47 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) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 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.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).

HSCG23-15-R-PBB901 Page 19 of 47

(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.

(End of Clause)

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 a United States Coast Guard Contracting Officer. Such orders may be issued from date of award through June 30, 2020.

(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.

(End of Clause)

52.216-19 -- Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $250,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $600,000.00;

(2) Any order for a combination of items in excess of $600,000.00; or

(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _____ days after issuance, with written

HSCG23-15-R-PBB901 Page 20 of 47 notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-22 -- 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 June 30, 2020.

(End of Clause)

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 within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 60 months.

HSCG23-15-R-PBB901 Page 21 of 47

52.222-54 – Employment Eligibility Verification (Aug 2013)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply that is—

(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), “bulk cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

“Employee assigned to the contract” means an employee who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee—

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

“Subcontract” means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

“United States,” as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall—

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

HSCG23-15-R-PBB901 Page 22 of 47

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of—

(i) All new employees.

(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section ); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C.

1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), within 180 calendar days of—

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the Contractor’s decision to exercise this option, using the contact information provided in the E- Verify program Memorandum of Understanding (MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirement of the E-Verify program MOU.

HSCG23-15-R-PBB901 Page 23 of 47

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in accordance with the terms of the MOU.

In such case, the Contractor will be referred to a suspension or debarment official.

(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site:

http://www.dhs.gov/E-Verify .

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee—

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD) -12, Policy for a Common Identification Standard for Federal Employees and Contractors.

(e) Subcontracts. The contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that—

(1) Is for—

(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,000; and

(3) Includes work performed in the United States.

(End of Clause)

52.243-3 -- Changes -- Time-and-Materials or Labor-Hours (Sept 2000)

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Description of services to be performed.

(2) Time of performance (i.e., hours of the day, days of the week, etc.)

http://www.dhs.gov/E-Verify

HSCG23-15-R-PBB901 Page 24 of 47

(3) Place of performance of the services.

(4) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications.

(5) Method of shipment or packing of supplies.

(6) Place of delivery.

(7) Amount of Government-furnished property.

(b) If any change causes an increase or decrease in any hourly rate, the ceiling price, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects any other terms and conditions of this contract, the Contracting Officer will make an equitable adjustment in any one or more of the following and will modify the contract accordingly:

(1) Ceiling price.

(2) Hourly rates.

(3) Delivery schedule.

(4) Other affected terms.

(c) The Contractor shall assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(d) Failure to agree to any adjustment will be a dispute under the Disputes clause.

However, nothing in this clause excuses the Contractor from proceeding with the contract as changed.

(End of Clause)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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

http://www.dhs.gov/xlibrary/assets/opnbiz/cpo_hsar_finalrule.pdf http://www.acquisition.gov/far

HSCG23-15-R-PBB901 Page 25 of 47

PART III

List of Documents, Exhibits and Other Attachments

1. Table 1 – General Bus Information

2. Table 2 – Price Schedule

3. 2014-2015 Past Athletic Event Schedule

4. Past Performance Questionnaire

HSCG23-15-R-PBB901 Page 26 of 47

PART IV

PROVISIONS

(This section will be removed after award)

52.204-7 -- System for Award Management (Jul 2013)

(a) Definitions. As used in this provision—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Offeror has entered all mandatory information, including the DUNS number or the…