Amendment_0003_for_HSCG23-17-R-MOT001_Package_mdt_signed.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION

NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

Solicitation HSCG23-17-R-MOT001 Request for Proposal Amendment 0003

Solicitation HSCG23-17-R-MOT001 is amended as follows:

As a result of Amendment 0002 pages 20 – 21 were not changed therefore, they were not included.

The USCG hereby extends the proposal due date from 30 January 2017 to 2 February 2017.

See change page 19 attached hereto.

The Contracting Officer is hereby changed from Eric McDoniel to Michelle Taninecz. See change pages 6 and 19 attached hereto.

Due to the changes made under Amendment 0002 the page numbering changed. See attached the complete RFP.

Answers to Offeror’s questions are attached. Answers to question are provided to clarify the requirements of the solicitation. Answers to questions do not change the requirements of the solicitation or the resulting contract. If changes to the solicitation are required, solicitation change pages will be issued with the amendment to the solicitation.

HSCG23-17-R-MOT001

REQUEST FOR PROPOSAL HSCG23-17-R-MOT001

U.S. Coast Guard Special Purpose Craft – Ice Rescue

SPC-IRT

U.S. Coast Guard Commandant

2703 Martin Luther King Jr. Ave SE

Washington, DC 20593-7828

TABLE OF

CONTENTS

DESCRIPTION PAGE NUMBER

Schedule of Supplies

Contract

Attachments 1-3

Attachment 1 – SPC-IRT Requirements Document

Attachment 2 – Pricing Worksheet

Attachment 3 – Past Performance Questionnaire Rating Sheet

Contract Clauses 3 – 15

Solicitation Provisions 16- 37

The U.S. Coast Guard Acquisition Directorate anticipates awarding a Firm- Fixed-Price Requirements

Contract with 1 base and 2 option years to procure up to Ten (10) Special Purpose Craft – Ice Rescue Transport

(SPC-ICT’s). The contract will be issued to one (1) Offeror capable of successfully supplying the (SPC-

ICT), found to be the best value to the Government in accordance with FAR part 15. 101-1 Tradeoff process.

NOTICE TO OFFERORS

The contractor shall perform all functions necessary to provide the commercial item described herein.

Each deliverable shall be provided as per the scope of CLINS and in accordance with the Requirements referred to as (Attachment 1) and will be incorporated into the contract upon award. Manufacturing shall comply with all applicable Federal, State, and local laws, regulations, codes and directives. Contractors shall use the Pricing Spreadsheet (Attachment 2) and the Past Performance Questionnaire Rating Sheet

(Attachment 3) in the development of the response to the solicitation.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.252-2: CLAUSES INCORPORATED BY REFERENCE (FEB 1998) – This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses.

http://www.acquisition.gov http://www.dhs.gov/xopnbiz/regulations/index.shtm

Clauses Included by Reference:

NUMBER TITLE/DATE

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERA

FEDERAL TRANSACTIONS (OCT 2010)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER

(MAY 2011)

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEPT 1989)

52.212-4 CONTRACT TERMS & CONDITIONS – COMMERCIAL ITEMS

(MAY 2015) (Addendum to FAR 52.212-4 is included adjacent to clauses incorporated by reference).

52.232-11 EXTRAS (APR 1984)

52.232-1 PAYMENTS (APRIL 1984)

52.242- 15 STOP-WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.243-1 CHANGES-FIXED PRICE (AUG 1989)

52.243-7 NOTIFICATION OF CHANGES (APR 1984)

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

52.246-2 INSPECTION OF SUPPLIES-FIXED PRICE (AUG 1996)

52.246.16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUNE 2003)

http://www.acquisition.gov/ http://www.dhs.gov/xopnbiz/regulations/index.shtm

52.247-34 F.O.B. DESTINATION (NOV 1991)

Addendum to FAR 52.212-4 is as follows:

1) Applicable U.S. CODES: This acquisition is being conducted under the following additional U.S. Codes regarding the requirement to build boats for the Government within the United States. The US Codes are in descending order of precedence:

1) 14 USC 665 – RESTRICTION ON CONSTRUCTION OF VESSELS IN FOREIGN SHIPYARDS

2) 10 USC 7309 – CONSTRUCTION OF VESSELS IN FOREIGN SHIPYARDS: PROHIBTION

2) REQUIRED DELIVERY SCHEDULE: The initial delivery will be for one (1) SPC-IRT to be delivered for testing. The schedule will be determined when individual delivery orders are placed.. All boats shall be delivered within the period of performance of the delivery order.

The delivery location for the first boat:

Coast Guard Station St. Clair Shores

24802 East Jefferson Avenue

St. Clair Shores, MI 48080

The delivery for all other boats order is TBD.

Subsequent orders will be issued on availability of funds and need of USCG units that are receiving the equipment.

The USCG may order a total of five (5) boats during the base year, and exercise one or more option periods to order the remaining boats. All boats Delivery location shall be specified in the delivery order, to USCG Station locations within the Continental United States (CONUS). Delivery price(s) shall be proposed F.O.B. Destination.

3) ORDERING PROCEDURES:

Contracting Officer – The Contracting Officer located at the USCG Headquarters shall have the overall responsibility for the administration of the Contract. The Contracting Officer shall be the only individual authorized to take actions on behalf of the Government to amend, modify or deviate from the Contract terms, conditions, requirements, specifications, details, and/or delivery schedules. The Contracting Officer is responsible for the overall administration and final closeout of the Contract and delivery orders, and when necessary will provide scope oversight; serve as liaison between the Contractor and USCG; issuing delivery orders; ensure compliance with the Contract requirements;

and issue needed modifications against the Contract.

4) Intellectual Property: The Government is calling for deliverables of drawings and other technical data under this solicitation. Therefore each Offeror’s Proposal must mark all protected data with the appropriate restrictive legend IAW Clause 52.227-14, Rights in Data – General, Alternatives II and IV.

5) Paragraphs (a) and (c) of the FAR 52.212-4 clause are supplemented with the following paragraphs:

(a) Inspection/Acceptance: The Contractor shall inspect and test each boat to verify that all requirements and performance specifications conform to the contract prior to delivery and acceptance.

Inspection and testing will be conducted at the Contractor’s facility to the maximum extent practical for the first boat. This is anticipated to include open hull inspections as well as factory acceptance tests. For subsequent boats the Government’s intent is to rely primarily on the contractor’s quality control process. However, the Government reserves the right to conduct factory inspections.

(b) CHANGES: After award, the Contractor shall not change any parts without prior notification and approval by the Contracting Officer in accordance with FAR Clause 52.212-4 (c) Contract Terms and Conditions-Commercial

Items, Changes. All parts proposed in the Offeror’s written Proposal and accepted for award are expected to be used throughout the life of the contract, unless otherwise approved by the Contracting Officer in writing. It is understood that throughout the life of the contract for this boat, technology advancements and part number changes may occur. In the event of part number changes, the Contractor shall submit compiled listing to the

Contracting Officer by email on a quarterly basis. The Contractor shall ensure all pertinent information is included in the listing to ensure ease of supportability.

In the event that the Contractor suggests a part change, which changes the form, function, fit or capability of the boat the Contractor shall submit sufficient information prior to making the change that will illustrate the current part function and characteristics and the proposed enhanced or changed part function and characteristics to the Contracting Officer for approval. All pertinent information, including part number, weight, dimensions, manufacturer, availability constraints and plan to incorporate the change into the production line shall be included in the information provided.

Should the Contracting Officer approve the change, the contract will be modified accordingly under the authority of this clause.

6) CONTRACT ADMINISTRATION INFORMATION

Supplemental Invoice Submission Instructions:

a) Each invoice shall contain the following information:

(1) Contract and Delivery Order Number

(2) Name of the Contract Specialist or Contracting Officer

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

(4) If applicable, 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-9123

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 invoice receipt form:

http://www.fincen.uscg.mil/electron_cg24.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 courtesy copy of the invoice shall also be e-mailed to the

Contract Specialist and 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 http://www.fincen.uscg.mil/electron_cg24.htm http://www.fincen.uscg.mil/electron_cg24.htm deemed to have been received:

(1) On the later of:

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.

(i) 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

c) 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 voice 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

The Coast Guard Contracting Officer’s Representative (COR) is LT Derek Wallin who can be contacted at

(202)372-2458 or email at Derek.W.Wallin@uscg.mil.

The Contract Specialist is Mrs. Gina Canida who can be contacted at (202) 475-3709 or at e- mail:

Gina.V.Canida@uscg.mil.

The Contracting Officer is Ms. Michelle Taninecz who can be contacted at (202) 475-

33428 or at e- mail: Michelle.Taninecz@uscg.mil .

The Contractor’s Point of Contact is [TBD] who can be contacted at [TBD] or at email: [TBD]

The following FAR Clauses are hereby incorporated into this solicitation and the resulting contract in full text:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items (NOV2016)

(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).

http://www.fincen.uscg.mil/secure/payment.htm mailto:Derek.W.Wallin@uscg.mil.

mailto:Gina.V.Canida@uscg.mil mailto:Michelle.Taninecz@uscg.mil

(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:

(1) [Contracting Officer check as appropriate.]

__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 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 2016)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of

Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (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 (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]

___ (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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

_X__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (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)).

_X__ (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).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (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 (Feb 2016) (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).

___ (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 (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.)

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017;

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (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.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

___ (40) (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.

___ (41) (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.

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

___ (43) (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_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

_X__ (47) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (48) (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.

_X__ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (50) 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).

___ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

___ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

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

___ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X__ (56) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul

2013) (31 U.S.C. 3332).

___ (57) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X__ (60) (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:

(2) [Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (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).

___ (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 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 (Nov 2016) (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 (Sep 2016) (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).

iii) 52.222-37, Employment Reports on Veterans (Feb 2016) (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).

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017;

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

(xix) 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.

(xx) 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.

(End of Clause)

(2) 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 [Date of Contract Award through [Option Period 2].

(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.

(3) 52.216-21 REQUIREMENTS (OCT 1995)

This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule.

The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract.

Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(a) Delivery or performance shall be made only as authorized by orders issued in accordance with the ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(b) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(c) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(d) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(e) 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 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 End of

Performance.

(4) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] 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 Three (3) Years.

(5) 52.227-14 RIGHTS IN DATA-GENERAL (DEC 2007)

Alternate II (Dec 2007) As prescribed in 27.409(b)(3), insert the following paragraph (g)(3) in the basic clause:

(g)(3) Notwithstanding paragraph (g)(1) of this clause, the contract may identify and specify the delivery of limited rights data, or the Contracting Officer may require by written request the delivery of limited rights data that has been withheld or would otherwise be entitled to be withheld. If delivery of that data is required, the Contractor shall affix the following “Limited Rights Notice” to the data and the Government will treat the data, subject to the provisions of paragraphs (e) and (f) of this clause, in accordance with the notice:

Alternate IV (Dec 2007). As prescribed in 27.409(b)(5), substitute the following paragraph (c)(1) for paragraph

(c)(1) of the basic clause:

(c) Copyright— http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/27.htm#P420_100151 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/27.htm#P420_100151

(1) Data first produced in the performance of the contract. Except as otherwise specifically provided in this contract, the Contractor may assert copyright in any data first produced in the performance of this contract. When asserting copyright, the Contractor shall affix the applicable copyright notice of 17 U.S.C.

401 or 402, and acknowledgment of Government sponsorship (including contract number), to the data when such data are delivered to the Government, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. For data other than computer software, the

Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all such data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government. For computer software, the

Contractor grants to the Government and others acting on its behalf, a paid up, nonexclusive, irrevocable worldwide license for all such computer software to reproduce, prepare derivative works, and perform publicly and display publicly (but not to distribute copies to the public), by or on behalf of the

Government.

Limited Rights Notice (Dec 2007)

(a) These data are submitted with limited rights under Government Contract No. (and subcontract , if appropriate). These data may be reproduced and used by the Government with the express limitation that they will not, without written permission of the Contractor, be used for purposes of manufacture nor disclosed outside the Government; except that the Government may disclose these data outside the Government for the following purposes, if any; provided that the Government makes such disclosure subject to prohibition against further use and disclosure:

(i) Use (except for manufacture) by support service contractors.

(ii) Evaluation by nongovernment evaluators.

(iii) Use (except for manufacture) by other contractors participating in the Government's program of which the specific contract is a part.

(iv) Emergency repair or overhaul work.

(v) Release to a foreign government, or its instrumentalities, if required to serve the interests of the U.S.

Government, for information or evaluation, or for emergency repair or overhaul work by the foreign government.

(b) This Notice shall be marked on any reproduction of these data, in whole or in part.

(End of notice)

II. HOMELAND SECURITY ACQUISITION REGULATION (48 CFR CHAPTER 30 CLAUSES)

1. 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 Incorporated by Reference:

3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF Contract Work (DEC

2003)

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

3052.242-72 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (DEC 2003)

(End of clause)

III. ORGANIZATIONAL CONFLICTS OF INTEREST FOR CONTRACTS AWARDED BY THE

U.S. COAST GUARD OFFICE OF CONTRACT OPERATIONS

(a) The contractor warrants that to the best of its knowledge and belief, and except as otherwise disclosed, he or she does not have any organizational conflict of interest, which is defined as a situation in which the nature of work under a government contract and a contractor's organizational, financial, contractual or other interests are such that:

(1) Award of the contract may result in an unfair competitive advantage; or

(2) The contractor’s objectivity in performing the contract work is or might be otherwise impaired.

(b) The contractor agrees that if after award he or she discovers an actual or apparent organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the Contracting officer which shall include a description of the action which the contractor taken or intends to take to eliminate or neutralize the conflict. The government may, however, terminate the contract for convenience of the government if it would be in the best interest of the government.

(c) In the event the contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the contracting officer, the government may terminate the contract for default.

(d) The provisions of this clause shall be included in all subcontracts and consulting agreement wherein the work to be performed is similar to the service provided to the Government by the prime contractor. The contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize organizational conflicts of interest.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

(1) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB1998) – 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 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 offer. Also, the full text of a clause may be accessed electronically at these addresses:

http://www.acqnet.gov/far http://www.dhs.gov/xopnbiz/regulations/index.shtm

Provisions Included by Reference:

NUMBER TITLE/DATE

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2008)

52.225-25 PROHIBITION ON CONTRACTING W ITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATED TO IRAN

REPRESENTATION AND CERTIFICATIONS (DEC 2012)

An addendum to the instructions in FAR 52.212-1 is included below.

1) INSTRUCTION FOR PROPOSAL CONTENT: Offer’s Proposals shall be submitted in two separate volumes. Both volumes must indicate:

(1) the solicitation number: HSCG23-17-Q-MOT001;

(2) the time specified in the solicitation for receipt of offers; and

(3) the name, email address, mailing address and telephone number of the Offeror.

Volume I: Volume I shall contain information addressing the Technical Capability and subfactors including:

(a) Mission Effectiveness. (b) Supportability and Maintainability, and (c) Construction and Engineering

Capability. It should also include relevant Past Performance Information.

Volume I shall address specifications SEQUENTIALLY.

Offerors shall demonstrate the vessel’s effectiveness, supportability, and maintainability, and construction and engineering capability per the requirements. Note that simply restating the requirement or providing blanket statement of full compliance is insufficient and will not be accepted as a demonstration of Offeror’s capabilities.

If an Offeror fails to sequentially address all specifications, simply restates the requirements, or fails to comply with any of the RFP instructions, its Proposal may be rejected and eliminated from further consideration.

Volume I shall clearly articulate how the Offeror will comply with the Special Purpose Craft – Ice Rescue

Requirements and be specific, detailed, and comprehensive enough to enable technical personnel to make a thorough evaluation of the proposed Special Purpose Craft – Ice Rescue and the Offeror’s capabilities. No price data shall be included in this volume.

1. Proposal Instructions

a) The Government intends to evaluate proposals submitted and award a Firm-fixed price contract for one (1) base period and two (2) one-year option period for a total of three (3) years for the production and delivery of up to ten (10) Special Purpose Craft-Ice Rescue Transport (SPC-

IRT), with Fully Outfitted SPC-IRT, Initial Spare Parts (Spec13.3), Warranty, Testing, Trials, http://www.acqnet.gov/far http://www.acqnet.gov/far http://www.dhs.gov/xopnbiz/regulations/index.shtm

Trailer for Shipping and Storage, Drawings and Calculations (11.3), Master Equipment List, Spare Parts List (Spec.11.4), Technical Pubs (Spec 11.2) and Training (17.1).

b) Portions of the Offerors proposal may be incorporated by reference into any resultant contract award.

If discussions are conducted, specific areas to be incorporated will be identified. If discussions are not conducted, and award is made based upon the initial proposal, the Government reserves the right to incorporate specific area without consent of Offeror.

c) Because the Government intends to award without discussions, the Offeror is responsible for providing its best submission on its initial offer.

d) These instructions prescribe the format of proposals and describe the approach to be used in the development and presentation of proposal information. Proposals must be prepared in accordance with these instructions, providing all required information in the format specified.

e) Specific Instructions on the content requirements for each volume are provided and set forth in this addendum. The information must be presented in sufficient detail to allow comprehensive evaluation of the Offeror’s ability to produce and deliver the SPC-IRT, other equipment and support as required by this Request for Proposal. The proposal should clearly demonstrate this in concise, logical manner, which is easy to read and understand. Proposal development should emphasize brevity, clarity and organization.

f) Offerors shall include the following information in their proposal for Volume I Technical Capability:

i. Section A: The following should be addressed in Volume I for Technical Subfactor 1-

Mission Effectiveness: The offeror shall provide information in their proposal that demonstrates the proven sea keeping ability of the proposed SPC-IRT and the ability to transit on hard surface ice. In addition, the offeror shall demonstrate the ability of the SPC-IRT to support ice-rescue units including Persons in Water (PIW) recovery and passenger transport and the ability to meet mission effectiveness requirements set forth in the Requirements Document for the Special Purpose Craft-Ice Rescue

Transport (SPC-IRT) included as Attachment 4 to this solicitation.

ii. Section B: The following should be addressed in Volume I for Technical Subfactor 2-

Supportability and Maintainability: The offeror shall demonstrate with a description and to include any supporting documentation such drawings and illustrations if available in their proposal that the proposed SPC-IRT has access to installed machinery and equipment for the purposes of daily inspections, maintenance, repair, and equipment replacement that meets the requirements in Section 13.1 Maintenance

Goals in attached specification in Attachment 4.. In addition, the offeror shall demonstrate the long term supportability of the machinery and equipment being proposed on the offeror’s proposed SPC-IRT. The offeror shall provide the manufacturer’s warranty terms and conditions for the proposed SPC-IRT and provide a description of the warranty process. The offeror can provide a copy of their warranty plan as part of their proposal.

iii. Section C: The following should be addressed in Volume I for Technical Subfactor 3-

Construction and Engineering Capability: The offeror shall demonstrate their ability to do the engineering and design work necessary for the SPC-IRT. In addition, the offeror shall provide a narrative that demonstrates their ability to provide the provisioning technical documentation as required in Section 11 Supportability

Requirements in the specifications in Attachment 4 As part of this subfactor, the offeror shall demonstrate as part of their proposal their ability to construct the SPC-

IRTs and supporting equipment.

iv. Section D: The following should be addressed in Volume I for the Relevant Past

Performance evaluation factor: For the relevant past performance evaluation factor, the Offeror’s Proposals shall contain information on a maximum of three (3) references over the past three years from the time proposal’s are submitted, that are relevant technically to the effort being solicited to this requirement to include: (1)

Name of organization, (2) Current Point of Contact, Email Address and Phone

Number, (3) Contract Number (4) Brief description of the boats provided and (5)

Contract Value.

The Offeror shall submit the Past Performance Questionnaire (see RFP Attachment 3) to three references for completion. The references (not the Offeror) shall return the completed questionnaire to the email address shown on the Questionnaire no later than the closing date of this solicitation. Any completed questionnaire returned directly by the Offeror to the Government shall not be accepted. The Offeror is solely responsible to the e-mail address on or before the deadline. The Questionnaire and the instructions for processing the Questionnaire are an attachment to the RFP.

v. Section F: Subcontracting Plan: For any offeror that submits a proposal and identifies itself as a large business or other than…