HSCG23-15-R-QAD033.pdf

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SOLICITATION: HSCG23-15-R-QAD033

TABLE OF CONTENTS

PART DESCRIPTION PAGE

I SF 1449, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS, SF 1449 Continuation 1-2

Table of Contents 3 A. & B. Blocks 19-24

II CONTRACT CLAUSES 6-14

III LIST OF CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS 15

IV PROVISIONS 16-26

FAR 52.212-1 Instructions to Offerors-Commercial Items FAR 52.212-2, Evaluation-Commercial Items VI Attachments 26-38

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PART I

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

1. General: This contract is a Firm Fixed Price

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 Attachment 1 and Attachment 2.

Complete the attachments and provide separate documentation containing quantity discount prices that apply and break point for quantity discounts.

4. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-82 dated May 7, 2015.

5. This procurement has been determined to be a total small business set-aside competition. Applicable North American Industry Classification System (NAICS) code is: 332215 – Metal Kitchen Cookware, Utensil, Cutlery, and Flatware (except Precious) Manufacturing.

6. All offerors shall be registered in the System for Award Management (SAM) to be eligible for award of a contract. Offerors shall ensure SAM registration at the following website. https://www.sam.gov/portal/public/SAM/.

7. Award will be made to the offeror which is technically acceptable and offers the lowest total price, based on the assumption of the maximum items ordered, for all years, without any discounts being applied.

8. The initial delivery order is in accordance with Attachment 2. These items shall be delivered no later than August 15, 2015, based on an estimated contract award no later than July 1, 2015. The initial delivery order and initial orders per each option period are estimated at ~400 swords and scabbards. The other remaining orders are anticipated to be placed throughout the remaing base period and option periods for replacement swords and scabbards, up to each maximum quantity per option period.

9. The USCG will evaluate proposals and may award a contract without discussions with offerors. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The USCG reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

https://www.sam.gov/portal/public/SAM/

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Questions regarding the solicitation and proposals shall be e-mailed to Contract Specialist, Deborah Culver at deborah.culver@uscg.mil and copied the Contracting Officer, Tracey Harriot at tracey.b.harriot@uscg.mil. The cutoff date for questions is June 2, 2015 at 5:00 p.m. EDT. No phone calls will be accepted in order to maintain a written record of questions.

10. Attachment 1 - Pricing Schedule: CLINS 0001, 1001, 2001, 30001 and 40001.

11. Attachment 2 - First Task Order mailto:deborah.culver@uscg.mil mailto:tracey.b.harriot@uscg.mil

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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

52.211-5 Material Requirements Aug 2000 52.212-4 Contract Terms and Conditions -- Commercial Items Dec 2014 52.216-24 Limitation of Government Liability Apr 1984 52.216-25 Contract Definitization Oct 2010 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.225-18 Place of Manufacture Mar 2015 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 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.233-2 Service of Protest Sep 2006 52.244-6 Subcontracts for Commercial Items Mar 2015 3052.209-70 Prohibition on Contracts with Corporate Expatriates Jun 2006 3052.212-70 Contract Terms and Conditions Applicable to DHS

Acquisition of Commercial Items Sep 2012

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

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

HSCG23-15-R-QAD033 Page 7 of 38 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) [Reserved] ___ (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] _X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (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.

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

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___ (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 (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (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.)

___ (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).

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___ (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).

___ (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:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 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).

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___ (5) 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).

___ (6) 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).

___ (7) 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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O.

13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 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.

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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) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

(ix) 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.

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

(xi) ____ (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).

(xii) 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.)

(xiii) 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)

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

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O.

13658).

(xvi) 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).

(xvii) 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.

(xviii) 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.

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(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)

52.211-17 Delivery of Excess Quantities (Sept 1989)

Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefore, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor’s expense or retained and paid for by the Government at the contract unit price.

(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 260, 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;

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

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(3) A series of orders from the same ordering office within 30 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 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-22 -- 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.

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

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

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PART III

List of Documents, Exhibits and Other Attachments

1. Attachment 1 – Pricing Schedule

2. Attachment 2 – First Task Order

3. Attachment 3 - CLASSIFICATION and FEATURES for SWORDS and

SCABBARDS, Dated 7 June 2012

4. Attachment 4 - Scabbard Specification

5. Past Performance Questionnaire

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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 DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; and

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS

HSCG23-15-R-QAD033 Page 17 of 38 or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S.

Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

http://fedgov.dnb.com/webform

HSCG23-15-R-QAD033 Page 18 of 38

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es):

http://www.dhs.gov/xlibrary/assets/opnbiz/cpo hsar finalrule.pdf or http://www.acquisition.gov/far

52.212-1 -- Instructions to Offerors -- Commercial Items (Apr 2014)

Addendum to 52.212-1 Instructions to Offerors – Commercial Items

1. Introduction:

This Request for Proposal (RFP) addresses the requirements to acquire sword and scabbards for the United States Coast Guard Academy (USCGA). USCG intends to acquire these services by awarding a single award, Indefinite Delivery-Indefinite Quantity (IDIQ) Firm Fixed Price (FFP) contract using FAR Part 12 Acquisition of Commercial Items (Supplies) and FAR Part 13 Simplified Acquisitions. Award is contemplated as a base year and four - 12 month option periods.

2. Proposal Submission:

All proposals shall be received via electronic submission below by the date and time specified in Block 8 of the SF1449. Submissions shall have the name and address of the Offeror along with the Solicitation Number. Offerors shall designate a Point of Contact (POC) and provide USPS mail, email, and telephone number for the POC. Proposals shall be received at the email addresses below by the date and time specified in Block 8 of the SF1449 to be considered on time.

Contracting Officer: Tracey B. Harriot, tracey.b.harriot@uscg.mil Contract Specialist: Debbie Culver, deborah.culver@uscg.mil https://www.acquisition.gov/

HSCG23-15-R-QAD033 Page 19 of 38

1. Prospective Offeror's Questions:

Questions concerning the solicitation shall be submitted via e-mail as a Word document no later than June 2, 2015 at 5:00 pm EST, to allow a reply to be provided in a timely manner before proposals are due. In order to ensure traceability for questions, Offerors shall cite the section, paragraph, and page numbers of the information they are questioning. NO TELEPHONIC INQUIRES WILL BE ACCEPTED. Questions are to be emailed to:

Contracting Officer: Tracey B. Harriot, tracey.b.harriot@uscg.mil Contract Specialist: Debbie Culver, deborah.culver@uscg.mil

4. General Proposal Preparation Instructions:

Proposal submissions will be an electronic submission. Proposal Limitations: The contents of the proposal shall not exceed 20 pages Page limitations shall be treated as maximums. If exceeded, the excess pages may not be read or considered in the evaluation of the proposal. Proposals must be submitted in Word, Excel or PDF.

1. Proposals shall be submitted as two volumes:

a. Factor 1 - Technical Capability

i. Sub-Factor 1 – Technical Proposal

ii. Sub-Factor 2 - Relevant Past Performance

b. Factor 2 - Price

Volume 1 - Technical Capability

Factor 1 - Technical Proposal:

Offerors shall present their offered Technical Capability that at a minimum addresses:

Sub-Factor 1 – Technical Acceptability

Technical offers shall demonstrate the ability to manufacture and deliver of the swords and scabbards.

A Product Demonstration Model (PDM) sample shall be submitted no later than solicitation deadline. This sample shall be submitted at no expense to the Government and will not be returned. The product samples shall consist of one (1) sword and one (1) scabbard.

HSCG23-15-R-QAD033 Page 20 of 38

The PDM samples shall be submitted to the following address:

U.S. Department of Homeland Security Commandant (CG-912) Attn: Office of Contract Operations US Coast Guard Stop 7828 (Attn: Deborah Culver, CG-9121) 2703 Martin Luther King Jr Ave SE Washington, DC 20593-7828

Sub-Factor 2 – Relevant Past Performance Past performance may cite federal, state, local government, commercial sources, or not for profit sources and should highlight the company’s key role in the past performance being documented. The offeror shall provide 3 references. These references should be from different contracts. To be considered, past performance data may not be older than 3 years from the date of the proposal, and may include active contracts. The Past Performance Questionnaire at Attachment #5 is to be submitted directly to the Government from offerors references to:

Contracting Officer: Tracey B. Harriot, tracey.b.harriot@uscg.mil Contract Specialist: Debbie Culver, deborah.culver@uscg.mil

Past performance does not necessarily have to be Government-related; but it is important to demonstrate and provide evidence of past performance for work similar in size, scope and complexity to that described in the Request for Proposal/Request for Quotation

(RFP/RFQ).

The Government reserves the right to use publicly available reports and data from the Contractor Performance Assessment System (CPARS) and Past Performance Information Retrieval System (PPIRS). The Government may also use present and/or past performance data obtained from a variety of sources, not just those contracts identified by offerors.

(2) Volume II – Price Factor

Provide fixed unit pricing as appropriate for CLINs contained in Block 20 of the SF 1449, Schedule of Services and Supplies.

Provide pricing data in Attachment 1 –Pricing Schedule and Attachment 2 –First Task Order.

HSCG23-15-R-QAD033 Page 21 of 38

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

(a) This acquisition will utilize the Lowest Priced Technically Acceptable (LPTA) procedure. A decision on the technical acceptability of each offeror’s quotations will be made. For those offerors which are determined to be technically acceptable, award will be made to that vendor with the lowest overall price. The Government intends to make an award based on the initial quotations. If further questions are required, the contracting officer may contact the offeror or offerors. In order to be considered suitable for award, the proposal must receive an acceptable rating for every non-price factor. Award will be made to the responsible offeror whose quotation conforms to all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, based on the results of the evaluation described in paragraph (b) below.

(b) The LPTA evaluation process will be accomplished as follows:

(1) Subfactor1 Technical Acceptability. Each offeror’s technical quotations will be evaluated to determine if the offeror provides a sound, compliant approach that meets the requirements of the SOW and demonstrates a thorough knowledge and understanding of those requirements.

Product samples received under this solicitation will be evaluated for quality, workmanship and compliance to the item specifications.

Sub-Factor 1 - Evaluation rating method.

Sub-Factor 2 – Relevant Past Performance

The offerors’ proposal will be evaluated to determine the extent to which their performance demonstrates the likelihood of successful performance in providing requirements similar in size, scope and complexity of this solicitation. The Government may choose to evaluate publicly available reports, and/or data from the Contractor Performance System (CPS). The Government may use present and/or past performance data obtained from a variety of sources, not just those contracts identified by offeror. The information gathered for past performance may also be used in the responsibility determination.

The Government will review all past performance data submitted and verify past performance information.

Rating System for Sub-Factor 1 – Management Approach Rating Definition Acceptable Proposal meets the requirements of the solicitation or exceeds.

Unacceptable Proposal does not meet all requirements of the solicitation.

HSCG23-15-R-QAD033 Page 22 of 38

Past Performance will be evaluated on the basis of performance risk. While good past performance does not always assure good prospective performance and vice versa, past performance is nonetheless an indicator of future performance.

A risk assessment will be made of an Offeror’s potential performance based on the Offeror’s past performance. The risk assessment will utilize a High/Low risk determination. Past performance evaluation will consider whether the Offeror’s past performance is relevant to this acquisition, whether the reports show a pattern of consistency in past performance, timeliness of deliveries or performance, quality of performance and contractor responsibility. The evaluation may include data provided through the Past Performance Information Retrieval System (PPIRS).

An Offeror without a record of relevant past performance of for whom information on past performance is not available will be rated Neutral. A Neutral rating does not advantage or disadvantage an Offeror. Recent past performance is defined as within the past three years. The evaluation factor will be rated using the following descriptors:

Sub-Factor 2 – Relevant Past Performance evaluation rating method.

Rating System for Sub-Factor 2 –Relevant Past Performance Rating Definition Acceptable

Based on the offeror’s relevant past performance record, the USCG has a reasonable expectation that the offeror will successfully perform the required effort or the offeror’s relevant past performance record is unknown (see note below).

Neutral If an offeror having no record of relevant past performance through the federal database or relevant past performance information is not available, the offeror will receive a neutral rating.

Unacceptable

Based on the offeror’s relevant past performance record, the USCG has no reasonable expectation that the offeror will successfully perform the required effort.

Price

Price will not be assigned an adjectival rating. Price will be evaluated for reasonableness in accordance with one or more price analysis techniques identified in FAR 15.404 and the factors cited in FAR 12.209. Any proposal that is unreasonable or materially unbalanced as to price for basic and option items including follow-on years may be rejected. An unbalanced proposal is one that incorporates prices that are significantly understated or overstated as indicated by price analysis techniques.

The price will be evaluated on the basis of total estimated price to the Government.

(c) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may

HSCG23-15-R-QAD033 Page 23 of 38 determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

HSCG23-15-R-QAD033 Page 24 of 38

INVOICE SUBMISSION INSTRUCTIONS

(a) Each invoice shall contain the following information:

(1) Contract or Delivery/Task Order Number

(2) Name of the Contract Specialist or Contracting Officer

(3) Invoice Routing Code (IRC) provided in paragraph (b) below

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

(b) The Invoice Routing Code (IRC) is: CG-9121

(c) Each invoice must be submitted to the designated billing office via one of the following modes (listed in descending order of preference):

(1) Coast Guard Finance Center (FINCEN) Website invoice receipt form:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(2) Fax: (757-523-6900)

(3) Mail to:

COMMERCIAL INVOICES

U.S. COAST GUARD FINANCE CENTER

1430A KRISTINA WAY

CHESAPEAKE, VA 23326

(d) To facilitate processing, invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe .pdf formatted file, unless otherwise specified in the contract.

(e) Supporting documentation and a copy of the invoice shall also be e-mailed to the

COR.

(f) In accordance with the Prompt Payment Act and FAR 52.232-25, for the purposes of determining when payment is due and when interest will begin to accrue, it will be based on the date a proper invoice was received. An invoice will be deemed proper:

HSCG23-15-R-QAD033 Page 25 of 38

(1) For invoices that are mailed or transmitted via facsimile, on the date a proper invoice is received by the designated billing office and annotated with a date of receipt.

(2) For invoices electronically transmitted by the contractor via web based submission, on the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient.

(g) Web-based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.

(h) Payment inquiries and status may be obtained at the following website:

https://www.fincen.uscg.mil/secure/payment.htm

(i) Contractor may submit invoices at the end of each trip in accordance with Price Schedule.

NOTICE FOR FILING AGENCY PROTESTS

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests.

Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, https://www.fincen.uscg.mil/secure/payment.htm

HSCG23-15-R-QAD033 Page 26 of 38 the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests email: opap@uscg.mil

FAX: 202-372-8447

The Ombudsman Hotline telephone number is 202-475-5786

Contracting Office Address:

USCG Headquarters (CG-9121) 2703 Martin Luther King Jr. Ave SE Washington, DC 20593-7828

Point of Contact:

Tracey B. Harriot Contracting Officer Tracey.B.Harriot@uscg.mil Phone: 202-475-3779

Point of Contact:

Deborah Culver Contract Specialist Deborah.Culver@uscg.mil Phone: 202-475-3221 mailto:opap@uscg.mil mailto:Tracey.B.Harriot@uscg.mil mailto:Deborah.Culver@uscg.mil

HSCG23-15-R-QAD033 Page 27 of 38

PART V

ATTACHMENTS

6. Attachment 1 – Pricing Schedule

7. Attachment 2 – First Task Order

8. Attachment 3 - CLASSIFICATION and FEATURES for SWORDS and

SCABBARDS, Dated 7 June 2012

9. Attachment 4 - Scabbard Specification

HSCG23-15-R-QAD033 Page 28 of 38

ATTACHMENT 1

PRICING SCHEDULE

Table 1 - Price Schedule

CLIN 00001

Description Quantity Unit Price Amount

Sword and Scabbard - Blade 26"

Sword and Scabbard - Blade 28"

Sword and Scabbard - Blade 29"

Sword and Scabbard - Blade 30"

Sword and Scabbard - Blade 31"

Sword and Scabbard - Blade 32"

Sword and Scabbard - Blade 33"

CLIN 00001 TOTAL PRICE 600

CLIN 10001

Description Quantity Unit Price Amount

Sword and Scabbard - Blade 26"

Sword and Scabbard - Blade 28"

Sword and Scabbard - Blade 29"

Sword and Scabbard - Blade 30"

Sword and Scabbard - Blade 31"

Sword and Scabbard - Blade 32"

Sword and Scabbard - Blade 33"

CLIN 10001 TOTAL PRICE 600

HSCG23-15-R-QAD033 Page 29 of 38

CLIN 20001

Description Quantity Unit Price Amount

Sword and Scabbard - Blade 26"

Sword and Scabbard - Blade 28"

Sword and Scabbard - Blade 29"

Sword and Scabbard - Blade 30"

Sword and Scabbard - Blade 31"

Sword and Scabbard - Blade 32"

Sword and Scabbard - Blade 33"

CLIN 20001 TOTAL PRICE 600

CLIN 30001

Description Quantity Unit Price Amount

Sword and Scabbard - Blade 26"

Sword and Scabbard - Blade 28"

Sword and Scabbard - Blade 29"

Sword and Scabbard - Blade 30"

Sword and Scabbard - Blade 31"

Sword and Scabbard - Blade 32"

Sword and Scabbard - Blade 33"

CLIN 30001 TOTAL PRICE 600

HSCG23-15-R-QAD033 Page 30 of 38

CLIN 40001

Description Quantity Unit Price Amount

Sword and Scabbard - Blade 26"

Sword and Scabbard - Blade 28"

Sword and Scabbard - Blade 29"

Sword and Scabbard - Blade 30"

Sword and Scabbard - Blade 31"

Sword and Scabbard - Blade 32"

Sword and Scabbard - Blade 33"

CLIN 40001 TOTAL PRICE 600

HSCG23-15-R-QAD033 Page 31 of 38

ATTACHMENT 2

FIRST TASK ORDER

Table 2 – First Task Order

CLIN 00001

Description Quantity Unit Price Amount

Sword and Scabbard - Blade 26" 70

Sword and Scabbard - Blade 28" 50

Sword and Scabbard - Blade 29" 90

Sword and Scabbard - Blade 30" 90

Sword and Scabbard - Blade 31" 70

Sword and Scabbard - Blade 32" 25

Sword and Scabbard - Blade 33" 10

CLIN 00001 TOTAL PRICE 405

HSCG23-15-R-QAD033 Page 32 of 38

ATTACHMENT 3

CLASSIFICATION and FEATURES for SWORDS and SCABBARDS

Dated 7 June 2012

A.1. SCOPE

A.I .2 Classification. - The sword blade shall be of one type and of the following classes and lengths:

Class 1- High carbon tool steel

Class 2- Stainless

Length (inches) -26,28,29,30,31,32 and 33

A.2. FEATURES:

A.2.1 Material.

A.2.1.1 Sword.

A.2.1.1.1 Pommel, grip socket and quard. - The pommel, grip socket and guard shall be die struck or cast bronze, evenly plated with 24k gold. All smooth surfaces shall be polished to a bright finish. The pommel, grip socket and guard shall be free from blowholes, cracks, fractures and other irregularities in the metal.

A.2.1.1.1.1 Pommel.- The pommel shall be elliptical in shape, 1-7/16(± 3/16) inches along the major axis and 1-1/16 (± 1/8) inches along…