07-R-20017.DAYLIGHTCONTROLS.doc

HSCG40-07-R-20017

CONTINUATION SHEET

NAME OF OFFEROR/CONTRACTOR

ESTIMATED UNIT TOTAL

ITEM # SUPPLIES QTY UNIT PRICE AMOUNT

PART I – SCHEDULE

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. SUMMARY OF ESTIMATED REQUIREMENTS FOR A PERIOD OF ONE

YEAR FROM DATE OF AWARD

0001. 5980-01-031-8858 Daylight Control, Type “C” 1733 EA $_________ $_________

0001a. 5980-01-031-8858 Daylight Control, Type “C First Article for CLIN 0001 2 EA $_________ $_________

0002. 5980-01-034-6058 Daylight Control, Type “L” 1002 EA $__________ $_________

0002a. 5980-01-034-6058 Daylight Control, Type “L” 2 EA $__________ $_________ First Article for CLIN 0002

0003. 5980-01-045-5470 Daylight Control, Type “R” 8005 EA $___________ $__________

0003a. 5980-01-045-5470 Daylight Control, Type “R”

First Article for CLIN 0003 2 EA $ ___________ $_________

CONTINUATION SHEET

NAME OF OFFEROR/CONTRACTOR

ITEM # SUPPLIES QTY UNIT PRICE AMOUNT

OPTION CONTRACT LINE ITEMS - FIRST OPTION YEAR

Pursuant to the provisions of the clause entitled "Option to Extend the Term of the

Contract" (See Section I.9.) the Government reserves the right to require the Contractor to continue performance of this contract for one year at the prices specified below. A written notification of intent to exercise option by the Government shall be issued 60 days prior to expiration of the contract.

B.2. SUMMARY OF ESTIMATED REQUIREMENTS FOR A PERIOD OF ONE

YEAR FROM THE BEGINNING OF THE FIRST OPTION

PERFORMANCE PERIOD

1001. 5980-01-031-8858

1001a. 5980-01-031-8858 Daylight Control, Type “C” 2 EA $_________ $_________ First Article for CLIN 1001

1002. 5980-01-034-6058

1002a. 5980-01-034-6058 Daylight Control, Type “L” 2 EA $__________ $_________ First Article for CLIN 1002

1003. 5980-01-045-5470

1003a. 5980-01-045-5470 Daylight Control, Type “R” 2 EA $___________ $__________

First Article for CLIN 1003

CONTINUATION SHEET

NAME OF OFFEROR/CONTRACTOR

ITEM # SUPPLIES QTY UNIT PRICE AMOUNT

OPTION CONTRACT LINE ITEMS - SECOND OPTION YEAR

Pursuant to the provisions of the clause entitled "Option to Extend the Term of the

Contract" (See Section I.9.) the Government reserves the right to require the Contractor to continue performance of this contract for one year at the prices specified below. A written notification of intent to exercise option by the Government shall be issued 60 days prior to expiration of the contract

B.3. SUMMARY OF ESTIMATED REQUIREMENTS FOR A PERIOD OF ONE

YEAR FROM THE BEGINNING OF THE SECOND OPTION

PERFORMANCE PERIOD

2001. 5980-01-031-8858

2001a. 5980-01-031-8858 Daylight Control, Type “C” First Article for CLIN 2001 2 EA $_________ $_________

2002. 5980-01-034-6058

2002a. 5980-01-034-6058 Daylight Control, Type “L” First Article for CLIN 2002 2 EA $__________ $_________

2003. 5980-01-045-5470

2003a. 5980-01-045-5470 Daylight Control, Type “R” First Article Sample for CLIN 2003 2 EA $___________ $__________

CONTINUATION SHEET

NAME OF OFFEROR/CONTRACTOR

ITEM # SUPPLIES QTY UNIT PRICE AMOUNT

OPTION CONTRACT LINE ITEMS - THIRD OPTION YEAR

Pursuant to the provisions of the clause entitled "Option to Extend the Term of the

Contract" (See Section I.9.) the Government reserves the right to require the Contractor to continue performance of this contract for one year at the prices specified below. A days prior to expiration of the contract

B.4. SUMMARY OF ESTIMATED REQUIREMENTS FOR A PERIOD OF ONE

YEAR FROM THE BEGINNING OF THE THIRD OPTION

PERFORMANCE PERIOD

3001. 5980-01-031-8858 Daylight Control, Type “C” 1733 EA $_________ $_________

3001a. 5980-01-031-8858 Daylight Control, Type “C” 2 EA $_________ $_________ First Article for CLIN 3001

3002. 5980-01-034-6058 Daylight Control, Type “L” 1002 EA $__________ $_________

3002a. 5980-01-034-6058 Daylight Control, Type “L” 2 EA $__________ $_________ First Article for CLIN 3002

3003. 5980-01-045-5470

3003a. 5980-01-045-5470

First article for CLIN 3003

CONTINUATION SHEET

NAME OF OFFEROR/CONTRACTOR

ITEM # SUPPLIES QTY UNIT PRICE AMOUNT

OPTION CONTRACT LINE ITEMS FOURTH OPTION YEAR

Pursuant to the provisions of the clause entitled "Option to Extend the Term of the

Contract" (See Section I.9.) the Government reserves the right to require the Contractor to continue performance of this contract for one year at the prices specified below. A days prior to expiration of the contract

B.5. SUMMARY OF ESTIMATED REQUIREMENTS FOR A PERIOD OF ONE

YEAR FROM THE BEGINNING OF THE FOURTH OPTION

PERFORMANCE PERIOD

4001. 5980-01-031-8858

4001a. 5980-01-031-8858 Daylight Control, Type “C” 2 EA $_________ $_________ First article for CLIN 4001

4002. 5980-01-034-6058

4002a. 5980-01-034-6058 Daylight Control, Type “L” First Article for CLIN 4002 2 EA $__________ $_________

4003. 5980-01-045-5470

4003a. 5980-01-045-5470

First Article for CLIN 4003

PART I - SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1.

SCOPE OF CONTRACT

RequirementsType Contract for the procurement of three separate Cadmimum Sulfide Photoresistors used with solid-state flashers to Daylight Controls to be used in support of marine Aids to Navigation on Buoys and stationary aids. To be manufactured in accordance with Coast Guard Specification P-422-0137(A) dated October 2006 and Coast Guard drawings SK 1393 and SK 1394.

C.2.

ESTIMATED REQUIREMENTS

The quantities shown in sections B.1 through B.5 are estimates of the Coast

Guard Engineering Logistics Center's (ELC) annual requirements and are not definitely ordered hereby. However, the Coast Guard ELC is obligated to order hereunder such quantities as may be needed to fill its requirements for these items during the term of this contract. Except as otherwise provided for herein, the Contractor is obligated to provide all such quantities as may be required to accomplish each particular delivery order.

C.3.

DELIVERY ORDERS

The execution of a contract does not constitute authority for the Contractor to ship any quantity of the items in Sections B.1 through B.5 for which it has received an award. Shipment shall be made ONLY as a result of a formal

Delivery Order being issued against said contract by the Coast Guard

Engineering Logistics Center (CG ELC). The Contractor shall fill Delivery Orders in the same sequence in which they are received, unless otherwise directed by the Contracting Officer.

C.4.

ORDERING

(a) Supplies to be furnished under this contract shall be ordered by the issuance of delivery orders by the Coast Guard Engineering Logistics Center (ELC), 2401

Hawkins Point Rd., Baltimore, MD 21226-5000. Point of contact is

Ms. Kathleen Harrigan, Contract Specialist, at 410-762-6481.

(b) All delivery orders issued hereunder are subject to the terms and conditions of this contract which shall control in the event of conflict with any delivery order.

PART I - THE SCHEDULE

SECTION D - PACKAGING AND MARKING

D.1.

PACKAGING, PACKING AND MARKING

Items 0001a through 4003a shall be individually packaged and packed with best commercial practices in order to ensure delivery at destination and to prevent deterioration or damages due to the hazards of shipping, handling and storage.

D.2. MARKING

Each unit to be marked in accordance with MIL-STD-129, REV P, marking for shipment and storage. In addition, shipping containers are to be marked with

Quantity, Requirements Contract Number and Delivery Order number.

NOTE: BAR CODING IS REQUIRED and shall be in accordance with U.S. Coast Guard Engineering Logistics Center Bar Coding Specification number D-000-0100 Revision F dated 06/00.

An offeror that takes exception to Bar Coding requirement will be deemed to have submitted a technically unacceptable proposal.

Note: In addition, shipping containers shall be marked with number of items, Requirements Contract number/delivery order number and name of Contractor.

NOTE: Failure to comply with the above packaging, packing and marking may cause rejection. Rejected items will be returned to the Contractor for correction at the Contractor’s expense. For identification purposes the Contractor must include a packing copy with each shipment.

SECTION E - INSPECTION AND ACCEPTANCE

E.1.

INSPECTION

Items 0001a through 0003a and subsequent option years - Inspection will be performed by Government personnel at Contractor's plant located: (Offeror Indicate)

_______________________________________________________________Name of Contractor Number & Street City & State

(a) The Contractor shall notify the Contracting Officer, USCG Engineering Logistics Center in writing, not later than fifteen (15) calendar days prior to material being ready for inspection.

(b) Notification of Readiness for Inspection is to be sent to the attention of the

Contracting Officer, (Code 042), U.S. Coast Guard Engineering Logistics Center, Electrical Systems Contracting Branch, 2401 Hawkins Point Rd., Mail Stop 25, Baltimore MD 21226-5000, M/F:

(Contract Number/Delivery Order Number)

E.2.

MATERIAL INSPECTION AND RECEIVING REPORT (DHS FORM 700-21)

(a) Upon completion of the inspection, the Government Inspector will authorize the release of all material designated for shipment on a DHS Form 700-21 (Material and Inspection Receiving Report). This action on the DHS Form 700-21 will constitute the Contractor's authorization to ship all material designated on the DHS Form 700-21. The Contractor will forward two copies of Form DHS Form 700-21 to the Contracting Officer, U.S. Coast Guard Engineering Logistics Center, Baltimore MD, and one copy with the shipment.

(b) Copies of DHS Form 700-21 (Material Inspection and Receiving Report) will be furnished by the Contracting Officer after award.

(c) Inspection Criteria: The inspection level and acceptance quality level used in conducting the inspection will be in accordance with Section 4 of Coast Guard Specification No. P-422-0137(A) dated October 2006.

(d) Inspection will be made at destination for quantity, damage, and substitution only. Acceptance will occur at source, provided material meets the requirements stated elsewhere in this contract.

PART I - THE SCHEDULE

SECTION E - INSPECTION AND ACCEPTANCE

E.3.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

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

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

SECTION F - DELIVERIES OR PERFORMANCE

F.1.

FAR 52.211-9 DESIRED AND REQUIRED TIME OF DELIVERY (JUNE 1997)

(a) The Government desires delivery of all items to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE

Description Quantity Days After Issuance

Of a Delivery Order

Items 0001 - 4001 ALL 150 Days

Items 0001a – 0001a 2 EA 60 Days

Items 0002 – 4002 ALL 150 Days

Item 0002a – 4002a 2 EA 60 Days

Items 0003 - 4003 ALL 150 Days

It4m 0003a – 4003a 2 EA 60 Days

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule. However, the offeror's proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government's required delivery schedule as follows:

REQUIRED DELIVERY SCHEDULE

Of a Delivery Order Items 0001 - 4001 ALL 180 Days

Items 0001a – 40001a 2 EA 90 Days

Items 0002 – 4002 ALL 180 Days

Items 0002a – 4002a 2 EA 90 Days

Items 0003 - 4003 ALL 180 Days

Items 0003a – 4003a 2 EA 90 Days

Offers that proposes delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, may be considered unacceptable and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

F.1.

FAR 52.211-9 DESIRED AND REQUIRED TIME OF DELIVERY (JUNE 1997)

(Continued)

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Of a Delivery Order

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered non-responsive and rejected.

F.2.

DELIVERY DESTINATION

Prices should include cost of transportation for delivery F.O.B. Destination.

Ship to: RECEIVING OFFICER

U.S. COAST GUARD ENGINEERING LOGISTICS CENTER

2401 Hawkins Point Road,Bldg. 88 Baltimore, MD 21226-5000

Mark For:_Commodity “1” /Contract Number/ Delivery Order Number

F.3. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1998)

This solicitation 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): www.arnet.gov.

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES (48 CFR

CHAPTER 1)

NUMBER TITLE DATE

52.242-15 STOP WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

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

SECTION G - CONTRACT ADMINISTRATION DATA

G.1

ADDRESS OF CORRESPONDENCE

All correspondence except as otherwise specified shall be directed to the Contracting Officer at the following address:

Commanding Officer (Code 042) Coast Guard Engineering Logistics Center 2401 Hawkins Point Road, Mail Stop 25

Baltimore, MD 21226-5000 Mark For: Requirements Contract No/Delivery number: *

*To Be Specified at the Time of Contract Award.

G.2 CENTRAL CONTRACTOR REGISTRATION (CCR) AND PAYMENT

INFORMATION

(a) Coast Guard requires the contractor to submit certain information through CCR in order to facilitate EFT payment for deliveries or performance under this contract. The contractor may register at: www.ccr.gov. Refer to the FAR clause 52.204-7.

(b) The Data Universal Number System (DUNS) number is the primary identifier in Central Contractor Registration (CCR). Contractors are located and identified in CCR by their DUNS number. Therefore, to facilitate payment, it is in the contractor's best interest to ensure that the DUNS number is recorded on every invoice submitted to the U.S. Coast Guard.

(c) In addition to the requirements of clause 52.232-25, Prompt Payment, the contractor shall indicate the Taxpayer Identification Number (TIN) on any invoice submitted for payment under this contract.

G.3. INVOICE REQUIREMENTS -- FIRM-FIXED-PRICE CONTRACTS

a) All information set forth in FAR Clause 52.232-25, PROMPT PAYMENT

(SEE SECTION I), must be included in an invoice for it to constitute a proper invoice:

b) One original invoice shall be submitted to Block #21 of the delivery order for payment to the following designated office:

U.S. COAST GUARD YARD

P.O. BOX 4122

CHESAPEAKE, VA 23327-4122

Invoice inquiries: Tel: 757-523-6940 Failure to submit directly to this office will delay prompt payment of your invoice.

Mark For: Requirements Contract Number/Delivery Order Number (*To be furnished at time of award.)

G.3. INVOICE REQUIREMENTS -- FIRM-FIXED-PRICE CONTRACTS

c) One copy of the invoice shall be submitted to the Contract Administrator, Ms. Kathleen Harrigan, , U.S. Coast Guard Engineering Logistics Center, 2401 Hawkins Point Road, Mail Stop 25, Baltimore, MD 21226-5000.

d) NEW ELECTRONIC INVOICING: http://www.fincen.uscg.mil/secure/web invoices cgyard.htm.

(e) All inquiries regarding payment should be directed to FINCEN Customer Service telephone number 757-523-6940, e-mail address: yardteam@fincen.uscg.mil. To contact FINCEN personnel directly at the following telephone numbers: 757-413-7231, 7232, 7233.

G.4.

REQUEST FOR PAYMENT - FIXED-PRICE CONTRACTS AND

DELIVERY ORDERS FOR NON-COMMERCIAL ITEMS

(a) A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix)] and those items are accurate. A request for payment may be on a form, such as a DHS FORM 700-21, or company letterhead as long as it meets the requirements of this clause.

(1) If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, then the request is not proper and shall be returned with a statement of the reason(s) it is not proper.

(2) If a request for payment includes all the items required by the clause at FAR 52.232-25, Prompt Payment but is inaccurate, then the request is not proper and the contractor shall be notified in writing of the error(s); the Government reserves the right to return an inaccurate request for payment with a statement of the reason(s) it is not proper.

G.5. RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION

OF AN IMPROPER INVOICE AND ANSWER QUESTIONS REGARDING

THE INVOICE

For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding this invoice:

NAME/TITLE: __________________________________________

ADDRESS: ____________________________________________

TELEPHONE NUMBER: __________________________________

G.6. UNAUTHORIZED INSTRUCTION FROM GOVERNMENT PERSONNEL

a) The Contractor will not accept any instructions issued by any person employed by the U.S. Government or otherwise, other than the Contracting

Officer, or the Contracting Officer's Representative acting within the limits of his authority. Contracting Officer's Representative will also be designated in writing to the Contractor, and the scope of his authority will be set forth therein.

G7.

CONTRACT ADMINISTRATION

Ms. Kathleen Harrigan, U.S. Coast Guard Engineering Logistics Center, 2401 Hawkins Point Rd., Mail Stop #25, Code 042, Baltimore, Maryland 21226-5000, will be the Contract Specialist/Administrator at telephone number

(410) 762-6481, telefax 410-762-6640 and e-mail address:

Kathleen.A.Harrigan@uscg.mil. All correspondence is be forwarded to the attention of Ms. Harrigan.

G.8. UNAUTHORIZED INSTRUCTION FROM GOVERNMENT PERSONNEL

a) The Contractor will not accept any instructions issued by any person employed by the U.S. Government or otherwise, other than the Contracting Officer, or the Contracting Officer's Representative acting within the limits of his authority. Contracting Officer's Representative will also be designated in writing to the Contractor, and the scope of his authority will be set forth therein.

b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the

G.8. UNAUTHORIZED INSTRUCTION FROM GOVERNMENT PERSONNEL (continued) Contracting Officer, which may be received from any person employed by the U.S. Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instrument or referenced drawings and/or specification herein.

G.9. ADDRESS TO MAIL PAYMENTS (IF NOT ELECTRONICALLY

TRANSMITTED)

Offerors desiring payments to be mailed to an address different from the address shown in Block 15A of SF33, shall insert such address below:

(Company name)

(Street address)

(City, county, state, zip code)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1.

SPECIAL CONTRACT REQUIREMENTS

Documents Title

MIL-STD-129P Marking for shipment and storage

MIL-STD-2073-1C Physical and mechanical protection

H.2. COAST GUARD ACTIVITY AUTHORIZED TO PLACE ORDERS

2401 Hawkins Point Road

Baltimore, MD 21226-5000

H.3. FUNDING APPLICATION

Each delivery order issued for items called for I the Schedule (Section B) shall be individually placed.

H.4. TELECOMMUNICATED ORDER/FAXED ORDER

Orders may be issued by the Contracting Officer by telecommunication (orally) or by facsimile and then followed by written confirmation when such action is in the best interest of the Government.

H.5. Responsibility for Production Inspection.

The contractor shall be responsible for the performance of all production inspection requirements as specified herein. The contractor shall provide space, personnel, and test equipment for the conduct of production inspection requirements.

Production testing and inspection shall be performed at the contractor’s plant, or at other facilities acceptable to the Coast Guard. The contractor shall notify the Contracting Officer in writing, fourteen working days prior to the scheduled commencement of any tests required by this specification. During the conduct of all tests, no adjustment other than the accessible controls employed for operation of the equipment shall be made.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more clauses by reference, with the same

Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov.

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

52.202-1 Definitions (JUL 2004)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for

Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment For Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal

Transactions (SEP 2005)

52.204-4 Printing/Copying Double-Sided on Recycled Paper (AUG 2000)

52.209-6 Protecting the Government's Interest When

Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)

52.211-5 Material Requirements (AUG 2000)

52.215-2 Audit and Records--Negotiation (JUN 1999)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.215-10 Price Reduction for Defective Cost or Pricing Data (OCT 1997)

52.215-11 Price Reduction for Defective Cost or Pricing Data--

Modifications (OCT 1997)

52.215-14 Integrity of Unit Prices (OCT 1997)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 1999)

52.219-8 Utilization of Small Business Concerns (May 2004)

52.219-9 Small Business Subcontracting Plan (OCT 2000) (Alternate II)

52.219-16 Liquidated Damages-Subcontracting Plan (JAN 1999)

52.219-23 Notice of Price Evaluation Adjustment for Small

Disadvantaged Business Concerns (MAY 2001)

52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2006)

52.222-20 Walsh-Healey Public Contracts Act (DEC 1996)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (FEB 1999)

52.222-35 Affirmative Action for Disabled Veterans and

Veterans of the Vietnam Era (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-37 Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (SEP 2006)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006)

52.225-5 Trade Agreements (NOV 2006)

52.227-1 Authorization and Consent (JUL 1995)

52.227-2 Notice and Assistance Regarding Patent & Copyright

Infringement (AUG 1996)

52.227-14 Rights in Data--General (JUN 1987)

52.229-3 Federal, State, and Local Taxes (JAN 1991)

52.229-5 Taxes-Contracts Performed in U.S. Possessions or

Puerto Rico (APR 1984)

52.232-1 Payments (APR 1984)

52.232-8 Discounts for Prompt Payment (MAY 1997)

52.230-2 Cost Accounting Standards (APR 1998)

52.230-6 Administration of Cost Accounting Standards (NOV 1999)

52.232-8 Discounts for Prompt Payment (MAY 1997)

52.232-11 Extras (APR 1984)

52.232-17 Interest (JUN 1996)

52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (MAY 2001)

52.232-34 Payment by Electronic Funds Transfer- Central Contractor Registration (OCT 2003)

52.233-1 Disputes (Alt 1) (JUL 2002)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.242-13 Bankruptcy (JUL 1995)

52.243-1 Changes-Fixed Price (AUG 1987)

52.246-23 Limitation of Liability (FEB 1997)

52.248-1 Value Engineering (FEB 2000)

52.249-2 Termination for Convenience of the Government

(Fixed Price) (MAY 2004)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

II. HOMELAND SECURITY ACQUISITION REGULATION CLAUSES

NUMBER TITLE DATE

HSAR 3052.209-72 Disclosure of Conflicts of Interest (JUN 2006)

HSAR 3052.219-70 Small Business and Small Disadvantaged Business Subcontracting Program Reporting (JUN 2006)

HSAR 3052.219-71 DHS Mentor Protégé Program (JUN 2006)

HSAR 3052.245-70 Government Property Reports (JUN 2006)

I.2.

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer, U.S. Coast Guard Engineering Logistics Center, 2401 Hawkins Point Road, Baltimore, MD and shall not be binding until so approved.

I.3. FAR 52.204-7 Central Contractor Registration. (JUL 2006)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

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

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

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields and has marked the record “Active.”

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

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

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

(1) An offeror may obtain a DUNS number—

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

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

(i) Company legal business.

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

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

I.3. FAR 52.204-7 Central Contractor Registration. (JUL 2006) (continued)

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

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

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

I.3. FAR 52.204-7 Central Contractor Registration. (JUL 2006) (continued)

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I.4. FAR 52.204-8 Annual Representations and Certifications. (JAN 2006)

(a)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (b) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (b) instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (b) applies.

[ ] (ii) Paragraph (b) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(b) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of provision)

I.5. FAR 52.209-3 First Article Approval—Contractor Testing. (Sept. 1989)

(a) The Contractor shall test (2) two each of Items 0001a. through 0003a. as specified in this contract. At least fifteen (15) calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.

(b) The Contractor shall submit the first article test report within thirty (30) calendar days from the date of the individual delivery order placed against the contract to Commanding Officer, Code 042, 707 East Ordnance Road, Mail Stop 25, Baltimore, MD 21226 marked “First Article Test Report: Contract No/Delivery Order Number. _______, Item No. _______” Within fifteen (15) calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) of this subsection. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this subsection, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

I.6.

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 by the individuals or activities designated in the Schedule. Such orders may be issued for a period of five (5) years from the date of award only if all options are exercised.

(b) All Delivery Orders are subject to the terms and conditions of this contract. In the event of conflict between a Delivery Order and this contract, the contract shall control and take precedence.

(c) If mailed, a Delivery Order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally or by written telecommunications only if authorized in the Schedule.

I.7.

FAR 52.216-19 DELIVERY-ORDER LIMITATIONS (OCT 1995)

(a) Minimum order: When the Government requires supplies or services covered by this contract in the amount of less than $50 per Delivery Order, 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 $150,000.00

(2) Any order for a combination of items in excess of $300,000.00

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(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) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitation in paragraph (b), unless that order(s) is returned to the office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item(s) called for and the reasons.

from another source.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.8. FAR 52.216-21 REQUIREMENTS (OCT 1995)

This is a Requirements contract for 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.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Delivery- 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.

(c) 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.

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

(e) 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 require goods or services from another source.

(f) Any order issued during the effective period of this contract, and not completed within the period, shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and the 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 the delivery time in the last delivery order issued prior to the expiration of the contract.

I.9. FAR 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 at least 1 day before the contract expires provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option(s), the extended contract shall be considered to include this option(s) provision.

(c) The total duration of this contract, including the exercise of any options under this clause, shall be five (5) years from date of award.

I.10. FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004).

(a) Definition. As used in this clause—

“United States” means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments. For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.10. FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004). (continued)

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to—

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor’s employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor’s facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that—

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall—

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department’s Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor’s official poster.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.10. FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004). (continued)

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I.11. FAR 52. 244-6 Subcontracts for Commercial Items (SEP 2006)

a) Definitions. As used in this clause—

“Commercial item” has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non developmental items as components of items to be supplied under this contract.

(c)(1) The Contractor…