07R20025.doc

P-422-0310 REV B

HSCG40-07-R-20025

NOTICE FOR FILING AGENCY PROTESTS

It is the policy of the Coast Guard to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accounting Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the Coast Guard as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

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

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth at FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be forwarded to the address below:

Commandant (CG-9131) U.S. Coast Guard Headquarters Procurement Planning & Oversight Division 1900 Half St. SW, JR11-0203 Washington, D. C. 20593 Telephone (202) 372-3692 Fax: (202) 475-3904

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

217B830400048

DATE

HSCG40-07-R-20025

6. SOLICITATION ISSUE

7. FOR SOLICITATION

INFORMATION CALL:

KATHLEEN HARRIGAN

Kathleen.A.Harrigan@uscg.mil.

b. TELEPHONE NUMBER No collect calls 410-762-6481

8. OFFER DUE DATE/

LOCAL TIME

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UNRESTRICTED

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SET ASIDE: %FOR

SMALL BUSINESS

HUBZONE SMALL BUSINESS

NAICS: 334511

SIZE STANDARD: 750

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

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SEE SCHEDULE

12. DISCOUNT TERMS

U.S. Coast Guard Engineering Logistics Center

Electrical Systems/ATON Acquisition Branch

707 East Ordnance Road, Suite 410, Mail Stop 25 Baltimore, MD 21226-5000

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13.a THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 DFR 700)

14. METHOD OF SOLICITATION

RFQ

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IFP

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RFP

U.S. Coast Guard Engineering Logistics Center

Receiving Room, Bldg. 88

2401 Hawkins Point Road

Baltimore, MD 21226 See Block #9

17.a CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

U.S. Coast Guard Yard

P.O. Box 4122

Chesapeake, VA 23327-4122

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See attached pages 2 through

Proposal Due date is ______________ 2:00 P.M. (EDT)

No faxed or e-mail proposals are accepted.

100% SET ASIDE FOR SMALL BUSINESS CONCERNS

This solicitation is in accordance with FAR Part 13.5 Test Program for Certain Commercial Items utilizing FAR Parts 12 and 15.

(Attach Additional Sheets as Necessary)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

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ARE

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ARE

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ARE NOT ATTACHED

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ARE NOT ATTACHED

28.

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AWARD OF CONTRACT: REFERENCE ___________________ OFFER

DATED ___________. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

PAPERWORK BURDEN STATEMENT

STANDARD FORM 1449 (4/2002)

Prescribed by GSA – FAR (48CFR) 53.212

PART II, SUBPART A - TABLE OF CONTENTS

PART DESCRIPTION PAGE

I OMBUDSMAN NOTICE 1

I STANDARD FORM 1449 (SF 1449) 2

II CONTINUATION OF SF 1449 2

A. Table of Contents B. Schedule of Supplies/Services and Prices (Continuation of SF 1449 Blocks 19-24) 4

C. Time and Place of Delivery

(Continuation of SF 1449 Block 15) 5-7

D. Invoicing Requirements

(Continuation of SF 1449 Block 18A) 8-10

III CONTRACT CLAUSES

A. FAR 52.212-4, Contract Terms and Conditions –

Commercial Items – FEB 07 (in by Reference)

B. ADDENDUM to Contract Clause 52.212-4 12-13 C. FAR 52.212-5, Contract Terms and Conditions

Required to Implement Statues or Executive

Orders—Commercial Items. 14-16 D. ADDENDUM to Contract Clause 52.212-5 17-21

IV ATTACHMENTS

A. ELC Specification P-422-0310 Rev B 22-33 B. Past Performance Questionnaire 34-35 C. USCG Bar Coding Specification 36-41 D. Disclosure Of Lobbying Activities 42-43 E. Contractor Report of GFP DHS Form 700-5 44

V SOLICITATION PROVISIONS

A. FAR 52.212-1, Instructions to Offerors – Commercial Items –SEP 06 (In by Reference) –

B. Addendum to Solicitation Provisions –FAR 52.212-1. 45-47 C. FAR 52.212-2, Evaluation of Commercial Items 48-49 D. FAR 52.212-3, Offerors Representations and Certifications And Certifications Commercial Items 50-53

`Part II, Subpart B Offerors: The requirement for first article may be waived when supplies identical or similar to those called for have previously been delivered by the offeror and accepted by the Government. Offerors are permitted to submit alternate offers, one including the testing and approval and the other excluding testing and approval. Therefore, if you are requesting our office to consider a waiver you must submit an alternate offer.

BASE YEAR

ESTIMATED

Item Description QTY U/I Unit Price Total Price

Range Lantern Set* 130 ea $_________ $__________ in accordance with Part IV, Subpart A, Specification P-422-0310 Rev B 0002 Government Property Report 1 ea $ NSP $ NSP

0003 First Article Range Lantern Set* 3 ea $_________ $__________ in accordance with Part IV, Subpart A, Specification P-422-0310 Rev B *Set consists of:

14-inch Range Lantern, installation kit and technical manual.

NSP – Not Separately Priced. Costs associated with this report shall be incorporated into Item 0001.

BASE YEAR- Alternate Offer

ESTIMATED

Item Description QTY U/I Unit Price Total Price

Range Lantern Set* 130 ea $_________ $__________ in accordance with Part IV, Subpart A, Specification P-422-0310 Rev B 0002 Government Property Report 1 ea $ NSP $ NSP

*Set consists of:

14-inch Range Lantern, installation kit and technical manual.

NSP – Not Separately Priced. Costs associated with this report shall be incorporated into Item 0001.

First Option Year

Clin Description QTY U/I Unit Price Total Price

Range Lantern Set* 130 ea $_________ $__________ in accordance with Part IV, Subpart A

Specification P-422-0310 Rev B *Set consists of:

14-inch Range Lantern, installation kit and technical manual.

1002. Government Property Report 1 ea $ NSP $ NSP

NSP – Not Separately Priced. Costs associated with this report shall be incorporated into Item

1001.

Second Option Year

Clin Description QTY U/I Unit Price Total Price

Range Lantern Set* 130 ea $_________ $__________ in accordance with Part IV, Subpart A, Specification P-422-0310 Rev B *Set consists of:

14-inch Range Lantern, installation kit and technical manual.

2002. Government Property Report 1 ea $ NSP $ NSP

NSP – Not Separately Priced. Costs associated with this report shall be incorporated into Item 2001.

Third Option Year

Clin Description QTY U/I Unit Price Total Price

Range Lantern Set* 130 ea $_________ $__________ in accordance with Part IV, Subpart A

Specification P-422-0310 Rev B *Set consists of:

14-inch Range Lantern, installation kit and technical manual.

3002. Government Property Report 1 ea $ NSP $ NSP

NSP – Not Separately Priced. Costs associated with this report shall be incorporated into Item 3001.

Fourth Option Year

Clin Description QTY U/I Unit Price Total Price

Range Lantern Set* 130 ea $_________ $__________ in accordance with Part IV, Subpart A, Specification P-422-0310 Rev B *Set consists of:

14-inch Range Lantern, installation kit and technical manual.

4002. Government Property Report 1 ea $ NSP $ NSP

NSP – Not Separately Priced. Costs associated with this report shall be incorporated into Item 4001.

PART II – SUBPART C

DELIVERIES OR PERFORMANCE

1. FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

Required Delivery Schedule

Description Qty Within **Days after

Item 0001-4001 * 180 calendar days after receipt of

Delivery order and approval of

First article.

Item 0002-4002 *

180 calendar days after receipt of

Delivery order.

Coast Guard Approval/Disapproval Within 20 calendar days after

Receipt of Pre-Production Unit

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, maybe rejected and not considered for award. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required schedule above will apply.

Offeror’s Proposed Delivery Schedule

(To be proposed by offeror)

Description Qty Within **Days after

Item 0001-4001 * ______ calendar days after receipt of

Delivery order and approval of

First article.

Item 0002-4002

_______ calendar days after receipt of

Delivery order.

Coast Guard Approval/Disapproval Within 20 calendar days after

Receipt of Pre-Production Unit

(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 the 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 the 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 may be rejected and not considered for award.

PLACE OF DELIVERY – F.O.B. DESTINATION

Items shall be delivered F.O.B. Destination to the following address(es):

Item (1): Range Lantern

U.S. Coast Guard ELC, Warehouse Annex, 2401 Hawkins Point Road, Bldg. 88, Baltimore, MD 21226.

Item (2): Government Property Report and all correspondence:

Commanding Officer, USCG ELC, Electrical Systems/AToN Contracting Branch, MS 25, 2401 Hawkins Point Road, Baltimore, MD 21226-5000.

Item (3): First Article

Commanding Officer

U.S. Coast Guard

Research And Development Center

1082 Shennecossett Road

Groton, CT 06340-6096

1. INVOICING REQUIREMENTS – FIRM FIXED PRICE CONTRACTS

(a) All information set forth in FAR Clause 52.212-4 must be included in an invoice for it to constitute a proper invoice:

(b) An original invoice shall be submitted to the following designated payment office:

Original to: U.S.Coast Guard YARD

P.O. Box 4122

Chesapeake, VA 23327-4122 Invoice inquiries: Tel: 757-523-6940 Fin-smb-yardteam@uscg.mil.

Failure to submit directly to this office will delay prompt payment of your invoice.

2. ADDITIONAL INVOICE REQUIREMENTS

In addition to the requirements of Clause 52.212.4, the Contractor shall indicate the Taxpayers Identification Number (TIN) on any invoice submitted for payment under this order.

Any payment that we make to you will be made by Electronic Funds Transfer unless you certify in writing that you do not have an account with a financial institution or an authorized payment agent

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

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: fin-smb-yardteam@uscg.mil.

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

FAR 52.212-4, Contract Terms and Conditions –

Commercial Items (FEB 2007) (In by Reference) –

ADDENDUM TO CONTRACT CLAUSE 52.212-4

PART III-SUBPART B

PART III - SUBPART B

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. 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.

CLAUSE

NUMBER TITLE DATE

52.219-28 Post Award Small Business Program Representation JUN 2007 52.204-4 Printing/Copying Double-Sided

On Recycled Paper AUG 2000

52.232-33 Payment by Electronic Funds Transfer –

Central Contractor Registration OCT 2003 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

52.247-34 F.O.B. Destination NOV 1991

1. PACKING LIST

All material shipped or delivered to the USCG ELC under this contract must be accompanied by an itemized packing list that cites the proper contract number. Each packing unit shall have a list of all items contained in that unit, and a duplicate list shall be attached to the outside of the package in a waterproof envelope securely attached in a conspicuous place, but so located as to reduce the possibility of loss in shipping and handling.

NOTE: Failure to prepare for shipment any item and/or mark all packages, boxes, etc., as indicated above may result in rejection of the shipment and return of the shipment at the contractor's expense.

2. PRESERVATION, PACKAGING and MARKING:

The contractor shall refer to the specification for instructions on Preservation, Packaging and Marking, including bar coding.

3. INSPECTION AND ACCEPTANCE (Destination)

Inspection and acceptance of the supplies or services to be furnished hereunder shall be made at destination by the receiving activity. Acceptance will be contingent upon the representative’s verification of no damage in transit, correctness and completeness of order and contractor’s conformance to preservation, packing and marking requirements.

4. MATERIAL INSPECTION AND RECEIVING REPORT

At the time of each delivery of supplies or services under this contract, the contractor shall prepare and furnish to the Government a DHS Form 700-21 Material Inspection and Receiving Report (MIRR). The receiving report must include:

· An authorization number such as the contract, DHS Form 700-21 (MIRR), or delivery order number

· Quantities shipped, if applicable

· Date (s) property or services accepted

· Signature, printed name, title, phone number, and mailing address of the receiving official

· One (1) copy of the DHS Form 700-21 (MIRR) shall be sent tot the Contracting Officer upon shipment/delivery of any deliverable hereunder, clearly marked “Information Only”

PART III - SUBPART C

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JUN 2007)

(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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(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:

[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. 253g and 10 U.S.C. 2402).

__ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).[

__ (4) Reserved]

_X_ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

X (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

X (8)(i) 52.219-9, Small Business Subcontracting Plan (Sept 2006) (15 U.S.C. 637(d)(4).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

_X_ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C.

632(a)(2)).

__ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2006) (E.O. 13126).

X (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

X_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

__ (24)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

__ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (25) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

(26)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2006) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (27) 52.225-5, Trade Agreements (Nov 2006) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (28) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (29) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (42 U.S.C. 5150).

__ (30) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).

__ (31) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (32) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (33) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (34) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (35) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (36) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (37)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965, as Amended (July 2005) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (July 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

(vii) 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.

PART III -SUBPART D - ADDENDUM TO CLAUSE FAR 52.212-5

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/these address(es): www.arnet.gov.

1. FAR 52.209-4 First Article Approval -- Government Testing (Sep 1989)

The Contractor shall deliver three (3) unit(s) of Item 0001 within 180-days after receipt of delivery order for this contract to the Government at:

Commanding Officer:

U.S. Coast Guard

Research And Development Center

1082 Shennecossett Road Groton, CT 06340-6096

1. First Article Testing will be conducted in accordance with the specification requirements.

(a) Within 20 days after the Government receives the first article…..

2. WARRANTY

1.. Standard Commercial Warranty:

If the item(s) required in a contract, resulting from this solicitation are customarily warranted in the trade by a Standard Commercial Warranty, such warranty shall be incorporated into this contract and thereby provided to the Government at no additional cost. Any Standard Commercial Warranty provided shall be identical to the Standard Commercial Warranty normally offered by the Contractor to the Contractor's most favored customer.

The contractor is requested to state the terms and conditions of their Standard Commercial Warranty in the space provided below. If a Standard Commercial Warranty is not applicable, state "none".

If the contractor's organization, as standard practice in the sale of these items issues a certificate of warranty setting forth the terms and conditions of their Standard Commercial Warranty, any contract resulting from this solicitation shall require the contractor to submit to the Contracting Officer, upon delivery of these items, said certificate.

3. FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of Chief of Contracting Office, Coast Guard ELC and shall not be binding until so approved.

4. CONTRACT ADMINISTRATION

The contract administrator for this contract is Ms. Kathleen Harrigan, at

(410) 762-6481, or fax (410) 762-6640 and e-mail address at:

Kathleen.A.Harrigan@uscg.mil. All correspondence should be directed to the following address:

Commanding Officer (Code 042) Coast Guard Engineering Logistics Center, Mail Stop 25 2401 Hawkins Point Road Baltimore, MD 21226-5000

5. 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.

6. FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00 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 15 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 FAR 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 limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

PART III - SUBPART D - ADDENDUM TO CLAUSE FAR 52.212-5 (JUN 2007)

7. FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a Requirements contract for supplies or services specified, and effective for the period stated in the Schedule. Thequantities 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.

8. 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.

PART III - SUBPART D - ADDENDUM TO CLAUSE FAR 52.212-5 (JUN 2007)

9. PERIOD OF PERFORMANCE:

The base contract period shall be for one (1) year from date of award of the contract with the Government reserving the option to extend for four (4) one (1) year additional options.

10. COAST GUARD ACTIVITY AUTHORIZED TO PLACE ORDERS

U.S. COAST GUARD ENGINEERING LOGISTIC CENTER (CODE 042)

ELECTRICAL SYSTEMS/ATON CONTRACTING BRANCH

2401 HAWKINS POINT RD. MAIL STOP 25

BALTIMORE, MD 21226-5000

3. FUNDING:

Each delivery order will be individually funded.

12. TELECOMMUNICATED ORDER/FAXED ORDERS: Orders may be issued by the Contracting Officer by telecommunicated (orally) or by facsimile, and than followed by written confirmation when such action is in the best interest of the Government.

13. GOVERNMENT FURNISHED PROPERTY

(a) The Government will provide only that property set forth below, notwithstanding any terms or conditions of the specification to the contrary. All property provided to the Contractor by the Government under this contract shall be subject to the “Government Property-Fixed Price contracts” and Control of Government Furnished Property clauses of this contract.

1. Government Furnished Property furnished under this contract will be as follows:

Item *QTY U/I Unit Price Total Amount

1. NSN 5945-01-GL3-6031 12 VDC Solid State Flasher, Type CG-181 (approximate weight 4 lbs)

2 ea $ 114.78 $ 229.56

2. NSN 6250-01-030-3485 12 VDC, Six-Place Lampchanger, Type CG-6P (approximate weight 4 lbs)

2 ea 97.80 195.60

3. NSN 6150-01-040-6848 Wire, Lug and Wiring Kit, Type WK-681 (approximate weight ½ lb)

2 ea 15.25 30.50

4. NSN 5980-01-034-6058 CG-234 Photoresistor

(daylight control), Type L (approximate weight ½ lb)

2 ea 9.71 19.42

5. NSN 6240-01-420-4240 12 VDC, 1.9 amp, CG-8

Filament lamps, S-11 bulb (approximate weight 1 lb)

1 bx (10 ea) 44.00 88.00

6. 120 VAC solid state flasher, type FLAC-300

(approximate weight 4 lb) 2 ea 834.00 1668.00

7. 120 VAC, four place lampcharger, type CG-4P

(approximate weight 4 lb) 2 ea 806.00 1612.00

8. Photoresistor (daylight control) Type K

(appromimate weight 1 lb) 2 ea 17.00 34.00

9. 120 VAC, 150 watt, Tungsten-Halogen lamps (approximate weight 1 lb) 8 ea 13.77 27.54

Weights of patterns given are without packaging. Actual shipping weight will depend on packaging material used.

14. DISPOSITION OF GOVERNMENT FURNISHED PROPERTY/DATA

Disposition instructions for the Government Furnished Property shall be given to the contractor at the time of final acceptance.

15. CONTROL OF GOVERNMENT FURNISHED PROPERTY

Control of Government Furnished Property (GFP) shall be accomplished in accordance with Department of Homeland Security Regulation Part 1245, Government Property.

16. HSAR 3052.245-70 GOVERNMENT PROPERTY REPORTS (JUN 2006)

(a) The Contractor shall prepare an annual report of Government Property in its possession and the possession of its subcontractors.

(b) The report shall be submitted to the Contracting Officer not later than September 15 of each calendar year on FORM DHS 700-5. (7/03)

17. HSAR 3052.211-70 INDEX FOR SPECIFICATIONS (DEC 2003)

If an index or table of contents is furnished in connection with specifications, it is understood that such index or table of contents is for convenience only. Its accuracy and completeness is not guaranteed, and it is not to be considered as part of the specifications.

In case of discrepancy between the index or table of contents and the specifications, the specifications shall govern.

18. HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES

(JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of

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

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the

Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for

`at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

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

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

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

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

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

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

Person, domestic, and foreign have the meanings given such terms by paragraphs

(1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

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

(1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

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

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

395(b)(1).

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

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

(d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the

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

(e) Treatment of Certain Rights.

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

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

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

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-

73;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-

73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-

73, but it plans to submit a request for waiver pursuant to 3009.104-74.

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

(End of provision)

REVISION __B____

REV DATE Nov 2006

SPECIFICATION OR

STATEMENT OF WORK

COVER SHEET

TITLE

SPECIFICATION FOR FABRICATION OF 14 INCH RANGE LANTERN

SPECIFICATION NUMBER

P-422-0310

(FORMERLY HQ SPECIFICATION NO. 409A)

ORIGINATED BY:

David W. White DATE: November 2006

ORIGINATOR’S COMMAND: ENGINEERING LOGISTICS CENTER (ELC)

DEPARTMENT/DIVISION:

INTERNAL REVIEWER:

DATE:

SOWRB APPROVAL:

DATE: _______

1.0 SCOPE

1.1 Purpose. This procurement is for a directional range lantern for use as a marine aid to navigation signal. Lanterns shall be manufactured in accordance with the attached Technical Data Package. The lantern will be used on fixed structures.

1.2 Major Hardware Deliverables.

a. Range lantern; as described in this specification and in the attached Technical Data Package (TDP).

b.

Installation kits; as described in Section 3.4.

1.3 Major Documentation Deliverables.

a.Technical manual; in accordance with Section 3.5.

The U. S. Coast Guard shall be authorized to reproduce the above documentation, for the sole use of the U. S. Government, without a fee or notification to the manufacturer.

1.4 Government Furnished Property (GFP).

a. Two (2) 12VDC, solid-state flasher, Type CG-181.

b. Two (2) 12VDC, six-place lampchanger, Type CG-6P.

c. Two (2) Wire, Lug & Wiring Kit, Type WK-681.

d. Two (2) CG-234 Photoresistor (daylight control), Type L.

e. Ten (10) 12VDC, 1.9 amp, CC-8 filament lamps, S-11 bulb.

f. Two (2) 120VAC, solid-state flasher, Type FLAC-300.

g. Two (2) 120VAC, four-place lampchanger, Type CG-4P.

h. Two (2) Photoresistor (daylight control), Type K.

i. Eight (8) 120VAC, 150 watt, tungsten-halogen lamps.

2.0 APPLICABLE DOCUMENTS.

2.1 Government Documents. The following documents of the issues specified form a part of this specification to the extent referenced herein. Suffixes denoting the specific issue of each document will be omitted from future references to the document in this statement of work.

2.1.1 U. S. Coast Guard Specifications.

a. G-SEC-487A 12-volt DC Marine Signal Lamps.

18 Apr 2000

2.1.2 Military Standards.

a.

MIL-STD-129P

Markings for Shipment and Storage 29 Oct 2004 b.

MIL-STD-810F (3)

Environmental Test Methods and Engineering Guidelines.

2.2 Drawings. The latest revisions of the following U. S. Coast Guard drawings form a part of this specification to the extent referenced herein. These drawings comprise the attached Technical Data Package (TDP). Reference to "the drawings" or "the TDP" shall be understood as referring to one or more or all of these drawings.

ECV 165001, 1-27

14" Range Lantern.

b.

ECV 165002, 1-3

Drum Assembly for 14" Range Lantern.

c.

ECV 165003, 1-7

Drum Weldments for 14" Range Lantern.

d.

ECV 165004, 1-5

Base Assembly Weldments for 14" Range Lantern.

e.

ECV 165005, 1-2

12VDC Installation Kit for 14" Range Lantern.

f.

ECV 165006, 1-4

120VAC Installation Kit for 14" Range Lantern.

2.3 Other Publications. The following documents of the issues specified form a part of this specification to the extent referenced herein. Suffixes denoting the specific issue of each document will be omitted from future references to the document in this statement of work.

2.3.1 American Society for Quality Control (ASQC).

ANSI/ASQC C1-1996

American National Standard;

Specification of General

Requirements for a Quality

Program.

2.3.2 International Association of Lighthouse Authorities (IALA).

IALA Report #72 Recommendation for the Colors of Dec 1977 Light Signals on Aids to

Navigation.

2.3.3 American Society for Testing and Materials.

ASTM D 3951 04

Standard Practice for Commercial Packaging 10 Nov 1998

2.3.4 ANSI USA

ANSI/AIM BC 1

Uniform Symbology Specification Code 39 1 Jan 1995

b. ANSI D 4169 05 Standard Practice for Performance Testing of Shipping

Containers and Systems

3.0 REQUIREMENTS

3.1 General. Each range lantern shall be delivered fully assembled so that after installing lamps, lampchanger, flasher, photoresistor, and wiring, applying power results in a fully operational, focused range lantern. Restraints to protect the mirror are allowed in shipping, but they must be labeled and easily removed by hand.

3.1.1 Design and Construction. Range lanterns offered for acceptance under this specification shall be fully compatible with the GFP (1.4), and shall conform in design, dimensions, tolerances, materials used, and treatments to those specified in the TDP. All screws shall have slotted heads.

3.1.1.1 Discrepancies in TDP. The contractor is required to notify the government of discrepancies, errors or other problems with the TDP, or with the ability of a range lantern manufactured in accordance with the TDP to meet the requirements of this specification.

3.1.2 Nameplate. An identification plate shall be manufactured and installed on the exterior of each range lantern in accordance with the drawings. The manufacturer's identification code, required for Drawing ECV 165001-24, shall be provided by the Contracting Officer upon award of a contract for range lanterns.

3.2 Modes of Operation. The range lantern shall be capable of the following modes of operation:

3.2.1 12-volt DC. In this mode, the range lantern is outfitted with a CG-6P lampchanger, a CG-181 flasher, a CG-234 Type L…