Attachment_1_-_Clauses_and_Provisions_HSCG23-16-Q-ANS007_FBO.pdf

HSCG23-16-Q-ANS007

Attachment 1: Clauses and Provisions

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FEDERAL ACQUISITION REGULATION (FAR) AND

HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES

This simplified acquisition is in accordance with clauses as of March 16, 2016 through FAC 2005-87.

FAR CLAUSES AND PROVISIONS

The following FAR clauses are hereby incorporated by reference:

52.202-1 Definitions (Nov 2013) 52.204-7 System for Award Management (Jul 2013) 52.212-1 Instructions to Offerors - - Commercial Items (Oct 2015) – See addendum below 52.212-3 Offeror Representation and Certification - - Commercial Items (Nov 2015) - If the offeror has not filled out electronic Representations and Certifications in SAM, a completed copy of this provision shall be returned with the quotation.

52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015)

52.212-1 Instructions to Offerors - Commercial Items (Oct 2015) – ADDENDUM

Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g., on company letterhead, formal quotation form, etc.) [See FAR 12.603(b)], but must include the following information: 1) company's complete mailing and remittance addresses, 2) point of contact name, email address, and phone number 3) discounts for prompt payment if applicable 3) cage code, and 4) the information listed below:

Quotations shall be sectioned into two volumes:

Volume 1: Technical Capability

Volume 2: Pricing Information

Volume 1: Technical Capability

52.211-6 Brand Name or Equal (AUG 1999)

Offerors shall submit a quotation that meets the minimum salient characteristics delineated in Attachment 1 – Pricing Spreadsheet. Regardless of offering the brand name or equal, the quotation shall include a list of item characteristics that meet or exceed the minimum salient characteristics delineated in Attachment 1. Exceeding the minimum salient characteristics will not result in a higher rating.

The quotation shall also include the period of its validity from the date of the RFQ close date (e.g., 60 days). The quotation shall also clearly identify the item by brand name (if any), and make/model number. In addition, the quotation shall include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer, and clearly describe any modifications the Offeror plans to make in a product to make it conform to the solicitation requirements. If an Offeror fails to do so in its offer, the product will be rejected as nonconforming and the offer will not be evaluated.

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Under a brand name or equal solicitation, a firm offering an “equal” product shall demonstrate that the product conforms to the minimum salient characteristics of the brand name products listed in the solicitation. If an Offeror fails to do so in its offer, the product will be rejected as nonconforming and the offer will not be evaluated.

Volume 2: Pricing Information:

Complete and return Attachment 1 - Pricing Spreadsheet. The Offeror shall ensure the unit price, total price, and shipping method are addressed.

QUOTATION SUBMISSION INSTRUCTIONS:

Questions.

Questions about this combined synopsis/solicitation are due by 10:00 AM (ET) on Thursday, July 21, 2016.

Submit questions via e-mail to Mr. Ranford Demontegnac, Contract Specialist, at Ranford.C.Demontegnac@uscg.mil and Ms. Augustine Green-Smith (Contracting Officer) at Augustine.Green- Smith@uscg.mil.

Quotations.

Quotations are due via email by the time and date indicated on Federal Business Opportunities to Mr.

Demontegnac and Ms. Green-Smith. There will be no exceptions to the time and date on when responses are due, unless determined otherwise by the Government. Any quotation submitted after this time will not be considered. When responding, include the title “HSCG23-16-Q-ANS007” in the subject line of the e-mail. It is the Offeror’s responsibility to ensure that quotations are submitted timely. No changes or additions will be permitted after the deadline, except as provided under discussions, if necessary. This RFQ does not represent authorization to award or proceed with the subject effort, nor a promise of future direction to proceed. Offerors are solely responsible for this RFQ’s submission costs, even if this RFQ is canceled. Offerors that do not submit all of the information required may not be considered for award.

(End of Provision Addendum)

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

(a) The Government intends to award a single purchase order to the contractor whose quotation represents the Lowest Price Technically Acceptable source. The Government will evaluate Volume 1 – Technical Capability to determine whether the Contractor can provide parts in adherence to the brand name or equal minimum salient characteristics. To be determined Technically Acceptable, the Offeror’s quotation must meet or exceed the minimum salient characteristics delineated in Attachment 1. The Government will evaluate Volume 2 – Pricing Information by adding the total price of all parts as provided on Attachment 2 – Pricing Spreadsheet and verifying adherence to the mandated delivery schedule. The Government will evaluate a quotation as Unacceptable, if an Offeror cannot meet the minimum salient characteristics or cannot meet the mandated delivery schedules for all parts; no exceptions shall be made. Exceeding the minimum salient characteristics will not result in a higher mailto:Ranford.C.Demontegnac@uscg.mil mailto:Augustine.Green-Smith@uscg.mil mailto:Augustine.Green-Smith@uscg.mil

07/14/2016 Page 3 of 7 rating. The Government will evaluate quotations only to the extent necessary to identify the Lowest Price Technically Acceptable quotation.

As part of the evaluation process, the Coast Guard reserves the right to request a sample of equivalent equipment proposed for use in lieu of the brand name/model numbered parts at no cost to the Government. Any samples requested will be tested by the Coast Guard for full compliance with minimum salient characteristics prior to procurement by the Government.

(b) 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 Addendum)

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 address: http://www.acquisition.gov/far/

(End of clause)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2016)

(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 (Nov 2015)

(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 and 108-78

(19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items (none apply):

http://www.acquisition.gov/far/ https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/

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CGAP PROVISION

Notice for Filing Agency Protests United States Coast Guard Ombudsman Program

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

Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

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

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman.

The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for 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(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline: 202-372-3695.

(End of provision)

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HSAR AND HSAM CLAUSES

3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Sep 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

_____ 3052.209-72 Organizational Conflicts of Interest.

_____ 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

_____ 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

(b) Clauses.

__X__3052.203-70 Instructions for Contractor Disclosure of Violations.

____3052.204-70 Security Requirements for Unclassified Information Technology Resources.

_____3052.204-71 Contractor Employee Access.

_____ Alternate I __X__3052.205-70 Advertisement, Publicizing Awards, and Releases.

_____ 3052.209-73 Limitation on Future Contracting.

_____ 3052.215-70 Key Personnel or Facilities:

Fill in section: All psychologists on this award are considered to be Key.

_____ 3052.216-71 Determination of Award Fee.

_____ 3052.216-72 Performance Evaluation Plan.

_____ 3052.216-73 Distribution of Award Fee.

_____ 3052.217-91 Performance. (USCG) _____ 3052.217-92 Inspection and Manner of Doing Work. (USCG) _____ 3052.217-93 Subcontracts. (USCG) _____ 3052.217-94 Lay Days. (USCG) _____ 3052.217-95 Liability and Insurance. (USCG) _____ 3052.217-96 Title. (USCG) _____ 3052.217-97 Discharge of Liens. (USCG) _____ 3052.217-98 Delays. (USCG) _____ 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair.

_____ 3052.217-100 Guarantee. (USCG) _____ 3052.219-70 Small Business Subcontracting Plan Reporting.

_____ 3052.219-71 DHS Mentor Protégé Program.

_____ 3052.228-70 Insurance.

_____ 3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG) _____ 3052.228-91 Loss of or Damage to Leased Aircraft. (USCG) _____ 3052.228-92 Fair Market Value of Aircraft. (USCG)

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_____ 3052.228-93 Risk and Indemnities. (USCG) _____ 3052.236-70 Special Provisions for Work at Operating Airports.

_____3052.242-72 Contracting Officer’s Technical Representative.

_____ 3052.247-70 F.o.B. Origin Information.

_____ Alternate I _____ Alternate II _____ 3052.247-71 F.o.B. Origin Only.

_____ 3052.247-72 F.o.B. Destination Only.

INVOICING PROCEDURES

INVOICE SUBMISSION INSTRUCTIONS

(a) The invoice shall contain the following information:

(1) Purchase Order Number (i.e., HSCG23-16-P-ANS007).

(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-9127

(c) The 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 23326-0624

(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. Enter the task order or delivery order number in addition to the contract number when submitting invoices electronically.

(e) Supporting documentation and a copy of the invoice shall also be e-mailed to be determined (TBD) and the contract specialist at ranford.c.demontegnac@uscg.mil.

(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:

(i) 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.

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(ii) 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.

Subsequent to award, the program point of contact is to be determined (TBD).