Combined_synopsis_solicitation_Final.pdf

Notice for Filing Agency Protests United States Coast Guard Ombudsman Program

It is the policy of the 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 General 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, 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 1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001

FAX: 202.475.3904

The Ombudsman Hotline telephone number is 202.372.3695.

(End of provision)

This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 – Streamlined Procedures for evaluation and Solicitation for Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is HSCG23-16-R-PBW001, and it is being issued as a Request for Proposal. Under this requirement, the United States Coast Guard intends to award a commercial, single award, firm fixed price, Indefinite Delivery Indefinite Quantity (IDIQ) contract. The minimum guaranteed for this contract is one task order for four students, which will be obligated at the time of IDIQ award. Orders beyond the minimum will be determined by department needs. The Government has no obligation to award TOs beyond the minimum guaranteed amount.

This solicitation document incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2005-87, Effective 16 March 2016.

This requirement is also a 100% Small Business Set-Aside. The Government reserves the right to award without discussions. The North American Industry Classification System Code (NAICS) 611699, with the size standard of $11,000,000. Product Service Code (PSC) is U099.

The United States Coast Guard (USCG) has a requirement to obtain Contractor provided TRANSAS Electronic Chart Display and Information Systems (ECDIS) 3100 training sessions which meet the International Maritime Organization Standards of Training, Certification and Watchkeeping (IMO- STCW/95). Each course shall be one (1)-week (minimum of 35-hours) and may be comprised of up to twelve (12) students per class.

Place of Performance:

The primary place of performance will be the Contractor's facilities. The prospective Contractor location shall be east of the Mississippi River preferably along or within 200 miles of the Atlantic coast.

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2015).

52.212-1 applies and is supplemented as follows:

(a) The proposal shall be submitted in two (2) Volumes:

Volume I: Technical Acceptability

Sub-factor 1: Technical

Content Requirements: All information shall be confined to the appropriate file. The Offeror shall confine submissions to essential matters, sufficient to define the proposal, and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each proposal.

Offerors shall provide a narrative demonstrating their understanding of and ability to perform requirements detailed in this solicitation.

In addition, Offerors shall provide documentation from the National Maritime Center officially stating that their course meets IMO Electronic Navigation (ENAV) Standard and IMO-STCW/95 requirements for the CG TRANSAS 3100 Navigation system.

Sub-factor 2: Past Performance

The USCG shall use the Past Performance Information Retrieval System (PPIRS).

Volume II: Price Submission Volume II shall consist of the following:

CLIN Description Unit of Issue

*Maximum QTY/Year

Unit Price/Student Total Cost

Base Year

TRANSAS Electronic Display and Information System (ECDIS) 3100 Training Sessions. *(up to 12 students per class.)

EA 72

Base Year Total

YEAR 2

TRANSAS Electronic Display and Information System (ECDIS) 3100 Training Sessions. *(up to 12 students per class.)

EA 72

Year 2 Total

YEAR 3

TRANSAS Electronic Display and Information System (ECDIS) 3100 Training Sessions. *(up to 12 students per class.)

EA 72

Year 3 Total

(b) Excluding the Volume II: Price and clause 52.212-3 Offeror Representations and Certifications-

Commercial Items, your proposal shall be limited to 20 pages with page numbers in sequential order.

(c) Complete all provisions that are required to be filled in.

(d) Offerors shall submit proposals submitted electronically, password protected in two volumes. When responding, please include “HSCG23-16-R- PBW001- Vendor Name” in the Subject Line. Each volume shall indicate: (1) the solicitation number: HSCG23-16-R- PBW001 and (2) the name, email address, mailing address and telephone number of the Contractor POC. Please ask for a return e-mail confirming receipt of your electronic proposal. Due to USCG email limitations, proposals shall not be more than 5 megabytes total. Compressing or zipping files to keep the file size down is acceptable. The password shall be submitted under a separate e-mail by the aforementioned date and time including “HSCG23-16-R- PBW001 Proposal Password - Contractor Name” in the Subject Line. Please note: there is not a character length or mixed case requirement imposed on your password.

(e) Proposals shall be submitted via email to Robert Mann-Thompson at Robert.A.Mann- Thompson@uscg.mil and Heather Weaver at Heather.A.Weaver@uscg.mil . It is each Offeror’s responsibility to ensure the proposal is received (in total) no later than 1400 ET, on April 06, 2016.

Offerors are hereby notified that proposals or any portion thereof not received by the date and time specified above will not be considered.

All questions shall be submitted to Heather.A.Weaver@uscg.mil no later than 1600, March 23, 2016. Any e-mail correspondence shall not be larger five (5) megabytes unless previously arranged.

Offerors are encouraged to use email for all questions and correspondence related to this solicitation. The main POC for this acquisition is:

YEAR 4

TRANSAS Electronic Display and Information System (ECDIS) 3100 Training Sessions. *(up to 12 students per class.)

EA 72

Year 4 Total

YEAR 5

TRANSAS Electronic Display and Information System (ECDIS) 3100 Training Sessions. *(up to 12 students per class.)

EA 72

Year 5 Total

Grand Total mailto:Robert.A.Mann-Thompson@uscg.mil mailto:Robert.A.Mann-Thompson@uscg.mil mailto:Heather.A.Weaver@uscg.mil mailto:Heather.A.Weaver@uscg.mil

Heather Weaver Contract Specialist 202-475-3250 Email: Heather.A.Weaver@uscg.mil Commandant (CG-9121) ATTN: Formal Contracts Division I U.S. Coast Guard Stop 7828 Martin Luther King Jr Ave SE Washington, DC 20593-7828

Offerors are responsible for monitoring this site for the release of any amendments or other pertinent information. This announcement constitutes as the only solicitation; proposals are being requested and a written solicitation will not be issued.

52.212-2 EVALUATION—COMMERCIAL ITEMS (MAY 2015).

(a) Contracting Officer determined that best value is met by evaluating the submission in accordance with the Factors below:

Basis for Award

The Government intends to award a single award Indefinite Delivery Indefinite Quantity (IDIQ). Award will be based on the Lowest Price Technically Acceptable (LPTA) evaluation considering the lowest priced acceptable proposals. Contents of the written proposals will be evaluated to determine the degree and extent to which the requirements set forth in the RFP are satisfied.

Volume I: Technical Acceptability

The Government will evaluate proposal for technical acceptability.

Technical Acceptability: The Offeror's demonstrated ability through their narrative to meet or exceed the requirements of the RFP including provide documentation from the National Maritime Center officially stating that their course meets IMO Electronic Navigation (ENAV) Standard and IMO-STCW/95 requirements for the CG TRANSAS 3100 Navigation system. Proposals which meet or exceed the technical requirements and have at least satisfactory or neutral past performance will be rated as “acceptable”.

An Offeror with no relevant or recent past performance will be considered neutral. The Government will evaluate relevant past performance by surveying PPIRS. Relevant Past Performance is previous or current performance of a similar size and scope, where performance was within three years prior to offer submission. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance. Past performance must be relevant and reflect performance which is acceptable. Acceptable past performance is a past performance that is rated at least satisfactory.

Volume II: Price

The Government will evaluate the total overall price based on the total summation of the Pricing methodology detailed in 52.212-1 Volume II.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS

(MAR 2015) applies and offeror shall include a completed copy of the provision with its offer.

HSAR 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 are incorporated by reference:

(a) Provision x 3052.209.72 Organizational Conflict 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

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015)

APPLIES

INSPECTION AND ACCEPTANCE:

In addition to 52.212-4 (a):

(a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

(b) For the purpose of this section, the Contracting Officer Representative is the authorized representative of the Contracting Officer.

REQUEST FOR PAYMENT:

In addition to invoice procedures outlined in FAR 52.212-4(g):

(a) Each invoice shall contain the following information:

(1) Name of the Contract Specialist or Contracting Officer

(2) Invoice Routing Code (IRC) assigned by the Coast Guard

(3) Annotate on the invoice indicating that the contractor represents a small business for accelerated payment purposes.

(b) The Coast Guard unique Invoice Routing Code (IRC) for this contract or delivery/task order is: CG-

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

(1) FINCEN Website Electronic Invoice Submission: http://www.fincen.uscg.mil/electron.htm

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

(3) Mailed to:

Commercial Invoices U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326

(d) To facilitate processing, all proper 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, or as otherwise specified in the contract.

(e) Supporting documentation along with a copy of the invoice shall also be e-mailed to the Contract Specialist and task order COR.

(f) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

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

(ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless:

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

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

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

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

(g) The final invoice is the last invoice to be submitted for incurred, allocable, and allowable costs expended to perform the contract or task order. This final invoice should include all contract reserves, allowable cost withholdings, balance of fixed fee, etc. The amount of the final invoice, when added to the total amount previously paid, cannot exceed the total amount of the contract or task order.

(End of Clause)

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

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, 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).

_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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 (Oct 2015) (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).

https://www.fincen.uscg.mil/secure/payment.htm https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (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 2014) (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.

_x_ (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 2015) (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 2015) of 52.219-9.

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

_x_ (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).

_x_ (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (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 (Oct 2015) (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 (Oct 2015) (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).

_x_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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 (Oct 2015) 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 (Oct 2015) (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 (Feb 2016) (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:

[Contracting Officer check as appropriate.] ___ (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.).

_x_ (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).

_x_ (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).

_x_ (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).

_x_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (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. 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 (Oct 2015) (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 $700,000 ($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 (Oct 2015) (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 (Oct 2015) (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) _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).

(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 (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (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.

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

FAR Clauses Incorporated by Reference (IAW 52.252-2)

Clause No. Title and Date

52.203-3 Gratuities. (Apr 1984)

52.224-1 Privacy Act Notification. (Apr 1984)

52.224-2 Privacy Act. (Apr 1984)

52.253-1 Computer Generated Forms. (Jan 1991)

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/

52.222-49 Service Contract Labor Standards -- Place of Performance Unknown (May 2014)

(a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: ________ [insert places or areas]. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by _____________ [insert time and date].

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

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

52.216-18 Ordering. (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date through the five year ordering period.

(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.

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 $500.00 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 $75,000.00;

(2) Any order for a combination of items in excess of the remaining contract ceiling; or

(3) A series of orders from the same ordering office within 1 day 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 1 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 one year beyond the contract expiration date.

52.233-2 SERVICE OF PROTEST (SEPT 2006).

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from IAW Section 1.1 Notice for Filing Agency Protests.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates.

(Jun 2006)

(a) Prohibitions

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions.

As used in this clause:

Expanded Affiliated Group means— An affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means— Any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C.

395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_1.html#wp1088681

Inverted Domestic Corporation means— A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special Rules.

The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded:

For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases:

If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded:

The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special Rule for Related Partnerships.

For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) Warrants;

(ii) Options;

(iii) Contracts to acquire stock;

(iv) Convertible debt instruments; and

(v) Others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure.

The Offeror under this solicitation represents that [Check one]:

__ It is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ It is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

__ It is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

HSAR 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:

(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.

x 3052.209-73 Limitation on Future Contracting.

x 3052.215-70 Key Personnel or Facilities: Project Manager

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

x 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.

CONTRACTOR TRAINING SUPPORT SERVICES

FOR THE U.S. COAST GUARD

PERFORMANCE WORK STATEMENT (PWS)

1.0 GENERAL.

1.1 SCOPE.

This purpose of this Indefinite Delivery – Indefinite Quantity (IDIQ) Contract is to obtain Contractor provided TRANSAS Electronic Chart Display and Information Systems (ECDIS) 3100 training which meets the International Maritime Organization Standards of Training, Certification and Watchkeeping (IMO- STCW/95) requirements.

Each class shall be one (1)-week (minimum of 35-hours of instruction or instructor led practical exercises) and shall be comprised of no more than twelve (12) students.

1.2 BACKGROUND.

The Coast Guard determined that formal training for specified personnel assigned to ECDIS-3100 equipped cutters is required to improve safety, effectiveness, and efficiency in cutter operations. Similar training is not available through Coast Guard “C” schools at this time. The Coast Guard’s Office of Cutter Forces (CG-

751) determined that ECDIS commercial off the shelf training is appropriated for bridge watchstanders if the course curriculum is recognized and approved by the National Maritime Center for IMO - STCW/95 compliance. All WPB 87 command cadre and navigators are required to receive this training IAW the Cutter Training and Qualification Manual, COMDTINST M3502.4 (series).

1.3 CONTRACTOR PERSONNEL.

1.3.1 Project Manager. The Contractor shall provide a Project Manager who shall be responsible for all Contractor work performed under this Contract. The Project Manager is further designated as Key by the Government.

1.3.1.1 The Project Manager shall be a single point of contact for the Contracting Officer and the Contracting Officer’s Technical Representative (COR).

1.3.1.2 The Project Manager shall be available to the COR via telephone between the hours of 0700 and 1900 EST, Monday through Friday, and shall respond to a request for discussion or resolution of technical problems within 24 hours of notification.

1.3.3 Employee Conduct. Contractor employees shall present a professional appearance at all times and their conduct shall not reflect discredit upon the United States, the Department of Homeland Security and the United States Coast Guard.

1.4 PERIOD OF PERFORMANCE.

The period of performance for this IDIQ Contract is five (5) years from the date of award.

1.4.1 The Contractor shall provide a list of available dates for ECDIS classes in 2016 at the kickoff meeting.

For follow-on calendar years, the contractor will provide the government with a list of available dates for that calendar year no later than January 7. The classes shall be reserved for active duty Coast Guard personnel only. At least six of the available options must occur between March and June of each calendar year. The government will inform the contractor of the approved class dates within 10 business days of after receipt of the available dates.

1.5 PLACE OF PERFORMANCE.

The primary place of performance will be the Contractor's facilities. The prospective Contractor location shall be east of the Mississippi River preferably along or within 200 miles of the Atlantic coast.

1.6 HOURS OF OPERATION.

Courses shall be scheduled for duration of 5 days (minimum of 35-hours), starting not earlier than Monday at 0800 and ending not later than Friday at 1600.

1.7 TRAVEL.

Contractor travel is not required under this IDIQ Contract.

1.8 KICK-OFF MEETING.

After IDIQ Contract award, the Contractor shall attend a Kick-Off Meeting with the Contracting Officer and the COR not later than ten business days after the date of award. The purpose of the Kick-Off Meeting, which will be chaired by the Contracting Officer, is to discuss technical and contracting objectives of the Contract. The Kick-Off Meeting will be held at one of the following locations: USCG Headquarters in Washington DC, the Contractor’s Training Site or via teleconference.

1.10 STATUS MEETINGS.

The Project Manager shall be responsible for keeping the COR informed about Contractor progress on task orders awarded under this IDIQ Contract.

1.10.1 At minimum, the Project Manager shall review the status and results of Contractor performance with the COR after each class.

1.10.2 Additional details may be provided in each task order awarded under this IDIQ Contract.

1.11 GENERAL REPORT REQUIREMENTS.

The Contractor shall provide all written reports in electronic format with read/write capability using Microsoft Word, Microsoft Excel or Adobe.

1.12 PERFORMANCE REQUIREMENTS.

This IDIQ Contract will be performance based. The COR will evaluate the deliverables detailed in Section

7.0 of this PWS and provide comments and recommendations to the Contractor, if appropriate.