08-R-20018.swivels.doc

HSCG40-08-R-20018

HSCG40-08-R-20018

REFERENCE NO. OF DOCUMENT BEING CONTINUED________________________

CONTINUATION SHEET

NAME OF OFFER OR CONTRACTOR

ESTIMATED

ITEM# SUPPLIES/SERVICES QTY UNIT UNIT PRICE TOTAL

PART I - SCHEDULE

SECTION B - SUPPLIES OR SERVICES PRICES/COSTS

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

FROM DATE OF AWARD

THIS PROCUREMENT IS 100% SET-ASIDE FOR SMALL BUSINESS CONCERNS

0001.

4030-00-729-6089

Swivel Assembly, 1st Class 58 EA _________ _________

0002. 4030-00-729-6090

Swivel Assembly, 2nd Class 435 EA _________ _________

0003. 4030-00-729-6091

3rd Class 557 EA _________ _________

0004. 4030-00-729-6094

Swivel Assembly 4th Class 786 EA _________ _________

REFERENCE NO. OF DOCUMENT BEING CONTINUED

CONTINUATION SHEET

NAME OF OFFEROR OR CONTRACTOR

CLIN# SUPPLIES/SERVICES ESTIMATED QTY UNIT UNIT PRICE TOTAL AMOUNT

PART I – SCHEDULE

SUPPLIES OR SERVICES PRICES/COSTS

OPTION CONTRACT LINE ITEMS - FIRST OPTION YEAR

Pursuant to the provisions of the clause entitled "Option to Extend the Term of the Contract" (See FAR 52.217-9 (MAR 2000) on page 27 the Government reserves the right to require the Contractor to continue performance of this contract for one year at the prices specified below. Written notice by the Government may be issued at least 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

THIS PROCUREMENT IS 100% SET-ASIDE FOR SMALL BUSINESS CONCERNS

1001.

4030-00-729-6089

Swivel Assembly, 1st Class 58 EA _________ _________

1002. 4030-00-729-6090

1003. 4030-00-729-6091

3rd Class 557 EA _________ _________

1004. 4030-00-729-6094

Swivel Assembly 4th Class 786 EA _________ _________

REFERENCE NO. OF DOCUMENT BEING CONTINUED

CONTINUATION SHEET

NAME OF OFFEROR OR CONTRACTOR

CLIN# SUPPLIES/SERVICES ESTIMATED QTY UNIT UNIT PRICE TOTAL AMOUNT

PART I – SCHEDULE

SUPPLIES OR SERVICES PRICES/COSTS

OPTION CONTRACT LINE ITEMS - SECOND OPTION YEAR

Pursuant to the provisions of the clause entitled "Option to Extend the Term of the Contract" (See FAR 52.217-9 (MAR 2000) on page 27 the Government reserves the right to require the Contractor to continue performance of this contract for one year at the prices specified below. Written notice by the Government may be issued at least 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.

Swivel Assembly, 1st Class 58 EA _________ _________

2002. 4030-00-729-6090

2003. 4030-00-729-6091

3rd Class 557 EA _________ _________

2004. 4030-00-729-6094

Swivel Assembly 4th Class 786 EA _________ _________

REFERENCE NO. OF DOCUMENT BEING CONTINUED _______

CONTINUATION SHEET NAME OF OFFEROR OR CONTRACTOR

CLIN# SUPPLIES/SERVICES ESTIMATED QTY UNIT UNIT PRICE TOTAL AMOUNT

PART I – SCHEDULE

SUPPLIES OR SERVICES PRICES/COSTS

OPTION CONTRACT LINE ITEMS - THIRD OPTION YEAR

Pursuant to the provisions of the clause entitled "Option to Extend the Term of the Contract" (See FAR 52.217-9 (MAR 2000) on page 27 the Government reserves the right to require the Contractor to continue performance of this contract for one year at the prices specified below. Written notice by the Government may be issued at least 60 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.

Swivel Assembly, 1st Class 58 EA _________ _________

3002. 4030-00-729-6090

3003. 4030-00-729-6091

3rd Class 557 EA _________ _________

3004. 4030-00-729-6094

Swivel Assembly 4th Class 786 EA _________ _________

REFERENCE NO. OF DOCUMENT BEING CONTINUED _

CONTINUATION SHEET

NAME OF OFFEROR OR CONTRACTOR

CLIN# SUPPLIES/SERVICES ESTIMATED QTY UNIT UNIT PRICE TOTAL AMOUNT

PART I - SCHEDULE

SUPPLIES OR SERVICES PRICES/COSTS

OPTION CONTRACT LINE ITEMS - FOURTH OPTION YEAR

Pursuant to the provisions of the clause entitled "Option to Extend the Term of the Contract" (See FAR 52.217-9 (MAR 2000) on page 27 the Government reserves the right to require the Contractor to continue performance of this contract for one year at the prices specified below. Written notice by the Government may be issued at least 60 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.

Swivel Assembly, 1st Class 58 EA _________ _________

4002. 4030-00-729-6090

4003. 4030-00-729-6091

3rd Class 557 EA _________ _________

4004. 4030-00-729-6094

Swivel Assembly 4th Class 786 EA _________ _________

PART I - SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1.

SCOPE OF CONTRACT

Requirements Type Contract for the procurement of Swivels for one year with option(s) to renew for

(4) four additional years. All to be manufactured in accordance with U.S. Coast Guard Specification P-570-0261A dated March 2007 and related USCG drawing 121081C.

C.2. CLIN 0001: 4030-00-729-6089, Swivel, Buoy, 1st Class threaded nut or upset head, 2 inch, made of uniform quality carbon steel. All to be made in accordance with U.S. Coast Specification P-570-0261A dated March 2007 and related Coast Guard drawing 121081C.

CLIN 0002:. 4030-00-729-6090, Swivel, Buoy, 2nd class threaded nut or upset head, 1-3/4 inch, made of uniform quality carbon steel. All to be made in accordance with U.S. Coast Specification P-570- 0261A dated March 2007 and related Coast Guard drawing 121081C.

CLIN 0003:. 4030-00-729-6091, Swivel, Buoy, 3rd class, threaded nut or upset head, 1-1/2 inch, made of uniform quality carbon steel. All to be made in accordance with U.S. Coast Guard Specification P-570-0261A dated March 2007 and related Coast Guard drawing 121081C.

CLIN 0004: 4030-00-729-6094, Swivel, Buoy, 4th class, threaded nut or upset head, 1-1/4 inch, made of uniform quality carbon steel. All to be made in accordance with U.S. Coast Specification P-570- 0261A dated March 2007 and related Coast Guard drawing 121081C.

C.3. ESTIMATED REQUIREMENTS

The quantities shown in section B.1 through B.5 are estimates of the Coast Guard's Engineering Logistics Center (ELC) annual requirements and are not ordered hereby. However, the U.S. Coast ELC is obligated to order such quantities as may be needed to fill its requirements for the Swivels specified during the term of the contract. Except as otherwise provided for herein, the Contractor is obligated to deliver all such quantities as may be required to accomplish each particular delivery order.

C.4. DELIVERY ORDERS

The execution of a contract does not constitute authority for the Contractor to ship any quantity 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 issued against this Contract by the U.S.

Coast Guard Engineering Logistics Center. The contractor shall fill Delivery Orders in the same sequence in which they are received, unless otherwise instructed by the Contracting Officer.

PART I - SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK (continued)

C.5. ORDERING

(a) Supplies to be furnished under this contract shall be ordered by the issuance of delivery orders by the U.S.

Coast Guard Engineering Logistics Center (ELC)(Code 042), 2401 Hawkins Point Road, Mail Stop 25, Baltimore, MD 21226- 5000. Point of contact is Ms. Kathleen Harrigan, Contract Specialist at telephone number 410-762-6481, telefax number 410-762-6640 and e-mail address: Kathleen.A.Harrigan@uscg.mil.

(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.

C.6. SPECIFIC REQUIREMENTS AND TASKS

The Contractor shall have an established Quality Assurance Program. The Contractor shall conduct all testing procedures in accordance with in section 4 of Attachment A of Coast Guard specification P-570-0261A dated March 2007 and associated Coast Guard Coast Guard Drawings. The Contractor shall provide appropriate a Certificate Of Conformance to the Contracting Officer’s Technical Quality Assurance personnel.

PART I - THE SCHEDULE

SECTION D - PACKAGING AND MARKING

D.1. PACKAGING AND PACKING

Items 0001 through 4004 shall be packed in clean steel drums or barrels (30, 55 or 80 gallon capacity). The top of each drum or barrel shall be fitted with a cover or laced with wire rope to prevent spilling of the contents. Covers shall not be welded in place. The contents of a drum or barrel shall be limited to a single national stock number.

Note: An offeror that takes exception to the packing/packaging requirement will be deemed to have submitted a technically unacceptable proposal.

D.2. MARKING

Shipping containers: steel drums or containers shall be legibly stenciled in ¾ inch high letters with the information listed below.

Boxes of split keys shall be legibly marked with the same information.

Shipping destination National Stock Number Item Description Quantity Contract Number Date of Manufacture Contractor’s name

Palletized Shipment: Palletized shipments shall normally be confined to a single National Stock Number per pallet. Mixed Pallets shall be clearly and legibly marked “MIXED STOCK”.

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

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 list with each shipment.

D.3

MARKING OF WARRANTED ITEMS

Pursuant to the requirements of FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered or otherwise furnish notice with the supplies of the existence of the warranty. Markings may be brief but should include (1) a brief statement that a warranty exists, (ii) the substance of the warranty, (iii) its duration, and (iv) who to notify if the supplies are found to be defective.

PART I - THE SCHEDULE

SECTION E - INSPECTION AND ACCEPTANCE

E.1.

INSPECTION

Items 0001 through 0004 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, (Code 042) U.S. Coast Guard 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/ATON Contracting Branch, M/S: 25, 2401 Hawkins Point Road, Baltimore MD 21226-5000, Mark For:

Requirements 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 DHS FORM 700-21 to the Contracting Officer,(Code042)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 Attachments (A) through (G), Section 4 of Coast Guard Specifications P-570-0261 Rev. A dated March 2007 and related Coast Guard drawings.

SECTION E - INSPECTION AND ACCEPTANCE

E.2. MATERIAL INSPECTION AND RECEIVING REPORT (DHS Form 700-21) (continued)

(d) Inspection will be made at destination by U.S. Coast Guard Engineering Logistics Center personnel for quantity, damage, substitution and fraud only. Acceptance will occur at source, provided material meets the requirements stated elsewhere in this contract.

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.

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)

52.247-34 FOB DESTINATION (NOV 1991)

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 items 0001 through 0004 and subsequent option years to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE

Description Quantity Days After Issuance Of a Delivery Order

Items 0001 – 40004 ALL 150 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 may not extend the delivery period beyond the time for delivery in the Government's required delivery schedule as follows:

PART I - THE SCHEDULE

SECTION F - DELIVERIES OR PERFORMANCE

F.1.

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

(b) The Government requires delivery of items 0001a.through 4005b. all to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

Description Quantity Days After Issuance Of a Delivery Order

Items 0001 – 40004. ALL 180 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. 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

Description Quantity Days After Issuance Of a Delivery Order

Items 0001 – 4004 ALL

(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 may be considered unacceptable.

F.2.

DELIVERY DESTINATION

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

Ship to: RECEIVING OFFICER

Coast Guard Engineering Logistics Center

2401 Hawkins Point Road, Bldg. 88

Baltimore, MD 21226

Mark For: Requirements Contract Number/ Delivery Order Number

F.3.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 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): http://www.arnet.gov

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES (48 CFR

CHAPTER 1)

NUMBER TITLE DATE

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

52.242-15 STOP WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

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; Fax: 757-523-6906 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.)

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.

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

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 number 410-762-6640 and e-mail address:

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

PART I - THE SCHEDULE

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1.

SPECIAL CONTRACT REQUIREMENTS

Industry Publications.

AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)

ASTM A 666 - Authentic Stainless Steel Sheet Strips, Plate and Flat Bar for Structural Applications (1 Oct 2003)

ASTM D 5168 – Standard Practice for Fabrication and Closures of Triple-Wall Corrugated Fiberboard Containers (1 Oct 2003)

AMERICAN SOCEITY FOR QUALITY CONTOL (ASQC)

ANSI/ASQC Q9002 - Quality Systems – Model for Quality Assurance in Production, Inspection and Servicing 1994

The Documents may be obtained from the following sources:

Government Documents:

Standardization Documents Order Desk

Building 4, Section D

700 Robbins Avenue

Philadelphia, PA 19111-5094

Industry Publications:

AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)

1916 Race Street

Philadelphia, PA 19103-1187

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1.

SPECIAL CONTRACT REQUIREMENTS (continued)

Industry Publications:

AMERICAN SOCIETY FOR QUALITY CONTROL (ASQC)

310 West Wisconsin Avenue Milwaukee, WI 53203

Other References.

Drawings. U.S. Coast Guard Civil Engineering Drawings form a part of this specification to the extent specified herein. Latest versions of both drawings can be found here:

http://www.uscg.mil/systems/gse/gse2/Drawings2B.htm.

121081C Swivels

All U.S. Coast Guard publications and documents may be obtained from the Contracting Officer.

H.2. COAST GUARD ACTIVITY AUTHORIZED TO PLACE ORDERS

U.S. COAST GUARD ENGINEERING LOGISTICS CENTER

2401 Hawkins Point Road, Mail Stop 25 Baltimore, MD 21226-5000

H.3. FUNDING APPLICATION

Each delivery order issued for items called for in 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, fifteen calendar 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 accessed electronically at this/these address(es): www.arnet.gov/far/.

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 2007)

52.204-4 Printed or Copied 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 -Negotiation (JUN 1999)

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

PART II– CONTRACT CLAUSES

(Continued)

52.215-14 Integrity of Unit Prices (OCT 1997)

52.216-4 Economic Price Adjustment Labor and Materials (JAN 1997)

52.219-6 Notice of Total Small Business Set Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004)

52.222-19 Child Labor-Cooperation with Authorities and Remedies (FEB 2008)

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

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam era and other eligible Veterans (SEP 2006)

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

52.222-37 Employment Reports on Special Disabled Veterans

Veterans of the Vietnam Era and other eligible Veterans (SEP 2006)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.225-1 Buy American Act- Supplies (JUN 2003)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent & Copyright

Infringement (DEC 2007)

52.229-3 Federal, State, and Local Taxes (APR 2003)

PART II– CONTRACT CLAUSES

(Continued) 52.232-1 Payments (APR 1984)

52.232-8 Discounts for Prompt Payment (FEB 2002)

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 (OCT 2003)

52.232-33 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)

PART II – CONTRACT CLAUSES

II. HOMELAND SECURITY ACQUISITION REGULATION CLAUSES

NUMBER TITLE DATE

HSAR 3052.209-72 Disclosure of Conflicts of Interest JUN 2006

I.2. FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Chief of the Contracting Office, 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 (APR 2008)

(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) Tradestyle, 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).

I.3. FAR 52.204-7 Central Contractor Registration. (APR 2008) (Continued)

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(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.

(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.

(End of clause)

I.4. I.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.

(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.

I.7.

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.

I.7.

FAR 52.216-21 REQUIREMENTS (OCT 1995)

(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.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.

I.9. 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.

I.9. FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees(Dec 2004).

(continued)

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.

(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;

I.9. FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees(Dec 2004).

(continued)

(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.

(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.10. FAR 52. 244-6 Subcontracts for Commercial Items (MAR 2007)

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 shall insert the following clauses in subcontracts for commercial items:

(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 $500,000 ($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 (Apr 2002) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212(a));

(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). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39).

(vi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Apr 2003) (46 U.S.C. App. 1241 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 flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

I.11. HSAR 3052.242-71 DISSEMINATION OF CONTRACT INFORMATION

(DEC 2003)

The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed shall be submitted to the Contracting Officer.

I.12. HSAR 3052.209-70 Prohibition on Contracts With Corporate Expatriates (JUN 2006)

(a) Prohibitions.

Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity after November 25, 2002, which is treated as an inverted domestic corporation as defined in this clause. 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 homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur.

(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, Public Law 107-296, 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 after November 25, 2002, 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,…