HSCG4010Q50043.pdf

HSCG40-10-Q-50043 Page 1 of 36

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

HSCG40-10-Q-50043

6. SOLICITATION ISSUE

DATE 4/1/2010

7. FOR SOLICITATION

INFORMATION CALL: a. NAME

KELLY WYATT, CONTRACTING OFFICER

b. TELEPHONE NUMBER No collect calls) (410) 762-6472

8. OFFER DUE DATE/

LOCAL TIME

May 3, 2010; 2:00 EST

9. ISSUED BY CODE 10. THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE: 100%FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

NAICS: 336312

SIZE STANDARD: 750 Employees

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

U.S. Coast Guard Surface Forces Logistics Center Small Boat Product Line Mail Stop 25, Bldg. 31, 2nd Floor 2401 Hawkins Point Road Baltimore, MD 21226-5000

13.a THIS CONTRACT IS A RATED ORDER UNDER

DPAS (15 DFR 700) N/A

14. METHOD OF SOLICITATION

RFQ IFP RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Page #9

Benaiah Grimes Same as Block #9

(410) 462- 6190

17.a CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

United States Coast Guard YARD PO Box 4122 Chesapeake, VA 22327-4122

(757) 523-6940

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 Schedule

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

ARE

ARE

ARE NOT ATTACHED

ARE NOT ATTACHED

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AN ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29.

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:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

Kelly Wyatt 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL NUMBER AND

PAPERWORK BURDEN STATEMENT

STANDARD FORM 1449 (4/2002)

Prescribed by GSA – FAR (48CFR) 53.212

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TABLE OF CONTENTS

PART DESCRIPTION PAGE

I STANDARD FORM 1449 (SF1449) 1

A. Table of Contents 2

B. Addendum to Standard Form 1449 3-8 Solicitation/Contract/Order For Commercial Items Schedule of Supplies/Services and Prices (Continuation of SF 1449 Block 19 thru 24)

C. Time and Place of Delivery 9-11 (Continuation of SF 1449 Block 15)

III CONTRACT CLAUSES

A. FAR Clause 52.212-4, Contract Terms and Conditions— 12-14 Commercial Items

B. FAR Clause 52.212-5, Contract Terms and Conditions 15-20

Required to Implement Statutes or Executive Orders -- Certification-Commercial Supplies.

IV QUOTATION SUBMISSION REQUIREMENTS

A. Addendum to Solicitation Provision- FAR Clause 21-24 52.212-1

V EVALUATION- Commercial Supplies

A. FAR Clause 52.212-3, Offeror Representations and 25-36 Certifications- Commercial Supplies

VI ATTACHMENTS

A. Standard Form LLL, Disclosure of Lobbying Activities

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ADDENDUM TO BLOCKS 19- 24

OF THE SF 1449

SCHEDULE OF SUPPLIES/SERVICES

BASE YEAR

ITEM DESCRIPTION EST UNIT TOTAL PRICE

QTY PRICE

0001 P/N: 3002 Controller, Winch 1 EA $ $

0002 P/N: HU6U30001DT-PT

Hrm Hub W/ Bearings 15 EA $ $

0003 P/N: BRP2060-T

Linning, Friction 6 EA $ $

0004 P/N: 839120 Bracket, Mounting 1 EA $ $

0005 P/N: FENDP10-068-2-W

PVC Uprite Guide, Left 6 EA $ $

0006 P/N: HUPB-3000-B-R

Hrm Bearing and Races 3 EA $ $

0007 P/N: BUN400812L

Bunk Assembly, Left 6 EA $ $

0008 P/N: BUN400812R

Right Bunk W/ Carpet 12 EA $ $

0009 P/N: GUI4STBD

PVC Uprite Guide, Right, Spins 3 EA $ $

0010 P/N: JAC08KBD-SW-COMP

Bulldog Tongue Jack 3 EA $ $

0011 P/N: BRL2AXLE-KIT-BB

Brake Line Kit for TANB26 3 EA $ $ Trailer

0012 P/N: WIN3500

Winch 6 EA $ $

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0013 P/N: BRB6-2093-2

Brake Caliper L/H 9 EA $ $

0014 P/N: BRB6-2093-1

Brake Caliper R/H 15 EA $ $

0015 P/N: TIAGT160245E-6GV

Tire, Wheel, Assembly 3 EA $ $

0016 P/N: TIALT245/75R16

Terra Trooper Tire 3 EA $ $

0017 P/N: BRB6P-2084

Studs 9 EA $ $

0018 P/N: BRB6-2082

Brake Rotor 45 EA $ $

0019 P/N: BAC125SB-DN

Brake Actuator 9 EA $ $

0020 P/N: WINCOMP-CBL

Winch Stand 1 EA $ $

0021 P/N: BUNK ASSEMBLY

Buncbl R&L 1 EA $ $

0022 P/N: BRB6P-2093-1

“Left” Hand 12” Bronze 3 EA $ $ Caliper

0023 P/N: AXTDF06-66-22

Axel 6 EA $ $

0024 P/N: AXTDF-06-72-22

6K Torison Axle 1 EA $ $

0025 P/N: BRB6P-2082

Rotor 3 EA $ $

0026 P/N: BRB6-2280

Brake Assembly 12” Bronze 3 EA $ $

2280-6 LUG

HSCG40-10-Q-50043 Page 5 of 36

FIRST OPTION YEAR

ITEM DESCRIPTION EST UNIT TOTAL PRICE

QTY PRICE

1001 P/N: 3002

1002 P/N: HU6U30001DT-PT

1003 P/N: BRP2060-T

1004 P/N: 839120

1005 P/N: FENDP10-068-2-W

1006 P/N: HUPB-3000-B-R

1007 P/N: BUN400812L

1008 P/N: BUN400812R

1009 P/N: GUI4STBD

1010 P/N: JAC08KBD-SW-COMP

1011 P/N: BRL2AXLE-KIT-BB

Trailer

1012 P/N: WIN3500

1013 P/N: BRB6-2093-2

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1014 P/N: BRB6-2093-1

1015 P/N: TIAGT160245E-6GV

1016 P/N: TIALT245/75R16

1017 P/N: BRB6P-2084

1018 P/N: BRB6-2082

1019 P/N: BAC125SB-DN

1020 P/N: WINCOMP-CBL

1021 P/N: BUNK ASSEMBLY

1022 P/N: BRB6P-2093-1

Caliper

1023 P/N: AXTDF06-66-22

1024 P/N: AXTDF-06-72-22

1025 P/N: BRB6P-2082

1026 P/N: BRB6-2280

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SECOND OPTION YEAR

ITEM DESCRIPTION EST UNIT TOTAL PRICE

QTY PRICE

2001 P/N: 3002

2002 P/N: HU6U30001DT-PT

2003 P/N: BRP2060-T

2004 P/N: 839120

2005 P/N: FENDP10-068-2-W

2006 P/N: HUPB-3000-B-R

2007 P/N: BUN400812L

2008 P/N: BUN400812R

2009 P/N: GUI4STBD

2010 P/N: JAC08KBD-SW-COMP

2011 P/N: BRL2AXLE-KIT-BB

Trailer

2012 P/N: WIN3500

2013 P/N: BRB6-2093-2

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2014 P/N: BRB6-2093-1

2015 P/N: TIAGT160245E-6GV

2016 P/N: TIALT245/75R16

2017 P/N: BRB6P-2084

2018 P/N: BRB6-2082

2019 P/N: BAC125SB-DN

2020 P/N: WINCOMP-CBL

2021 P/N: BUNK ASSEMBLY

2022 P/N: BRB6P-2093-1

Caliper

2023 P/N: AXTDF06-66-22

2024 P/N: AXTDF-06-72-22

2025 P/N: BRB6P-2082

2026 P/N: BRB6-2280

HSCG40-10-Q-50043 Page 9 of 36

52.211-8 TIME OF DELIVERY (June 1997)

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

REQUIRED DELIVERY SCHEDULE

(APPLIES TO BASE YEAR AND ALL OPTION YEARS)

ITEM NO QTY WITHIN DAYS AFTER

ISSUANCE OF DELIVERY ORDER

All supplies As Required 30 calendar days after issuance of Delivery order 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 may be considered unacceptable and rejected. The Government reserves the right to award under either the required delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

(APPLIES TO BASE YEAR AND ALL OPTION YEARS)

TIME AND PLACE OF DELIVERIES

ITEM NO QTY WITHIN DAYS AFTER

ISSUANCE OF DELIVERY ORDER

All supplies As Required calendar days after issuance of Delivery order

(b) Attention is direction to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished too 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 offeror 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 required delivery date, the offer may be considered unacceptable and rejected.

PLACE OF DELIVERY- F.O.B. DESTINATION

All supplies shall be delivered F.O.B. Destination. Deliveries are to be made between the hours of 7:30 a.m. and 3:30 p.m., Monday though Friday to one of the following addresses. Each delivery order shall identify the shipping address.

U.S. Coast Guard Surface Forces Logistics Center USCG Transformation Warehouse Warehouse Building No. 88 1873 W. Ehringhaus Street 2401 Hawkins Point Road -or- Elizabeth City, NC 27909 Baltimore, MD 21226 M/F: Contract Number {To be furnished at time of award} Delivery Order {To be furnished with each delivery order}

The government reserves the right to direct deliver any part to any Coast Guard unit within the United States, Guam, Puerto Rico, or any other U.S. territory. Shipping charges shall be negotiated at the time the order is placed.

HSCG40-10-Q-50043 Page 10 of 36

PREPARATION FOR DELIVERY INSTRUCTIONS

1. PRESERVATION: Preservation shall be in accordance with the Original Equipment Manufacturers (OEM) standard practice to prevent deterioration of the supplies and damages due to the hazardous of shipping and handling and storage.

2. PACKAGING: Each item shall be individually packaged in its unit of issue form and in accordance with OEM standard practice for protection during multiple shipments. Units of issue included are Each (EA), Kit (KT), Set (SE) and Assembly (AY). All supplies included in a single kit shall be packaged in one container as all supplies included in a single assembly shall be packaged in one container.

3. MARKING OF CARTON: Each carton shall be marked in legible black print with stock number, part number, item name, condition code “A” contract/delivery order number, date of packaging, or shipment and the words “Coast Guard Surface Forces Logistics Center.”

4. MARKING OF WARRANTED SUPPLIES: Pursuant to the requirement 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, (2) the substance of the warranty, (3) its duration and, (4) who notify if the supplies are found to be defective.

5. PACKING LIST: All materials shipped to the U.S. Coast Guard Surface Forces Logistics Center under this contract shall be accompanied by the itemized packing list, securely attached to the outside of the package. Each packing unit shall have a list of all supplies contained in the unit, and a duplicate list shall be attached to the outside of the package in a water proof envelope, securely attached in a conspicuous place, but so located as to reduce the possibility of loss and shipping and handling.

CONTRACT ADMINISTRATION

ADDRESS OF CORRESPONDENCE:

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

US Coast Guard Surface Forces Logistic Center Small Boat Product Line 2401 Hawkins Point Road, Bldg 31, MS26 Baltimore, MD 21226-5000

CONTRACT ADMINISTRATION

The Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces Logistic Center will be the contract administrator for this contract- Benaiah Grimes (410) 762-6190.

PAYMENT INFORMATION

INVOICING REQUIREMENTS – FIRM FIXED PRICE CONTRACTS

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

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

US Coast Guard YARD P.O. Box 4122 Chesapeake, VA 23327-4122 http://www.fincen.uscg.mil/secure/web_invoices_cgyard.htm http://www.fincen.uscg.mil/secure/web_invoices_cgyard.htm

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M/F: Contract Number {To be furnished at time of award} Delivery Order {To be furnished with each delivery order}

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

-or-

Chief, Fiscal Branch USCG, ALC 1664 Weeksville Rd, Bldg 63 Elizabeth City, NC 27909 ALC-Fiscal@uscg.mil

Each individual delivery order will identify the designated payment office.

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 the invoice.

Name:

Title:

Address:

Telephone Number:

STANDARD COMMERCIAL WARRANTY

If the items(s) required in a contract resulting from this quotation 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.

Vendors are 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 supplies 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 the supplies, said certificate.

mailto:ALC-Fiscal@uscg.mil

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ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICIAL

ITEMS

GOVERNMENT REPRESENTATIVES

(a) The Government, may upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Technical Representative(s), Resident Inspector(s), and so on.

Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment.

(b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner.

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 prior written consent of the Contracting Officer. An electronic or printed copy of any material proposed to be published shall be submitted to the Contracting Officer.

52. 204-1 APPROVAL OF CONTRACT (DEC 1989)

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

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONEL

(a) The Contractor shall not accept any instructions 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 their authority. The Contracting Officer’s representative(s) will also be designated in writing to the Contractor, and the scope of their authority will be set forth therein.

(b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments or referenced drawings and/or specifications contained herein.

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

(a) The Contracting Officer may designate Government personnel to act as the Contracting

Officer’s Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including contraction and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award of for construction, not less than 5 working days prior to giving the contractor notice to proceed.

The designation letter will set forth the authorities and limitation of the COTR under the contract.

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(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc. that require the signature of the Contracting Officer.

52.216-18 ORDERING (OCT 2005)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of contract award through a period of one year for the base year and each option year if exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS (OCT 2005)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00 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 $100,000 order for a combination of items in excess of $100,000 or

(3) A series of orders from the same ordering office within (30) thirty days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within (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.

52.216.21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(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 Order Limitations clause or elsewhere in this

HSCG40-10-Q-50043 Page 14 of 36 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 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 acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after contract expiration.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within (1) calendar day ; 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, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed (3) years.

COAST GUARD ACTIVITY AUTHORIZED TO PLACE ORDERS

U.S. Coast Guard Surface Forces Logistic Center Small Boat Product Line, Mail Stop 26

2401 Hawkins Point Rd., B-31 Baltimore, MD 21226-5000

TELECOMMUNICATED ORDERS

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. When an order is faxed, telecommunicated, or mailed this will constitute “issued” by the Government.

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52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OF EXECUTIVE ORDERS – COMMERCIAL SUPPLIES (FEB 2010)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (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) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved]

_X_ (8) (i) 52.219-6, Notice of Total Small Business 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.

___ (9) (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.

HSCG40-10-Q-50043 Page 16 of 36

_X__ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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.

___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (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.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program— Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__X_ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__X_ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__X_ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

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

__X_ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__X_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

__X_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

___ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

HSCG40-10-Q-50043 Page 17 of 36

___ (27) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (29) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X__ (30) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (31) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

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

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

___ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

__X_ (33) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (36) 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)).

___ (37) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

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

__X_ (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (39) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (42) (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).

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___ (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 (Nov 2007) (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) (Sep 2009) (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 (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

HSCG40-10-Q-50043 Page 19 of 36

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 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.

(iii) [Reserved]

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

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

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

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C.

7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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.

HSCG40-10-Q-50043 Page 20 of 36

(End of Clause)

HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (July 2007) Certification required below:

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.

HSCG40-10-Q-50043 Page 21 of 36

QUOTATION SUBMISSION REQUIREMENTS

ADDENDUM TO FAR PROVISION 52.212-1

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address www.arnet.gov.

PROVISION NO. TITLE DATE

52.214-34 Submission of Offers in the English Language APR 1991 52.214-15 Submission of Offers in the U.S. Currency APR 1991

MINIMUM ACCEPTANCE PERIOD

(a) “Acceptance period,” as used in this provision, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of Offers.

(b) This provision supersedes any language pertaining to the acceptance period that may appear Elsewhere in this solicitation.

(c ) The Government requires a minimum acceptance period of 120 calendar days.

(d) In the space provided immediately below, offerors may specify a longer acceptance period than the Government’s minimum requirement.

The offeror allows the following acceptance period: ______________ calendar days.

(e) An offer allowing less than the Government’s minimum acceptance period may be rejected.

(f) The offeror agrees to execute all that it has undertaken to do, in compliance with its offer, if that offer is accepted in writing within—

(1) The acceptance period stated in paragraph (c ) or this clause; or

(2) Any longer acceptance period stated in paragraph (d ) of this clause.

52.233-2 SERVICE OF PROTEST (SEPT 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government http://www.arnet.gov/

HSCG40-10-Q-50043 Page 22 of 36

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Kelly Wyatt.

Address:

US Coast Guard Surface Forces Logistics Center, Small Boat Product Line, 2401 Hawkins Point Road, Bldg 31-2nd floor Baltimore, MD 21226-5000

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

HSAR 1252.247-73 F.O.B. DESTINATION (DEC 2003)

Offerors are invited on the basis of F.O.B. destination only. Offers submitted on any other basis will be rejected as non responsive.

ACCESS TO COAST GUARD BUILDING

The USCG Surface Forces Logistic Center is a controlled access area. If you intend to hand carry your quote, prior arrangements for access should be made by contacting Kelly Wyatt at least one work day prior to the date you require access. If prior arrangements are not made, you should allow at least 30 minutes for visitor access. It is your responsibility to ensure that your quotation/amendments are delivered by the due date and time required in the solicitation. If any resultant contract requires contractor personnel to have access to the area for a period of 30 consecutive days or more, a Homeland Security Identification Card will be required for those personnel.

DELIVERY VIA OVERNIGHT CARRIERS

For quotes delivered via overnight carriers (e.g. Federal Express, UPS) the vendor must specifically request that the carrier, upon his/her arrival at the USCG Surface Forces Logistic Center, request permission to delivery the quote/amendment directly to the address:

U.S. Coast Guard Engineering Logistics Center Small Boat Product Line Mail Stop #26, Bldg #31, 2nd Floor 2401 Hawkins Point Road Baltimore, MD 21226-5000

FAR 52.212-2 EVALUATION –COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(1) Technical

(2) Price, including all price related factors

(3) Past performance

(b) The Government intends to evaluate quotation and award a contract without discussions with Offerors except clarifications as determined necessary. Therefore, the Offeror’s initial quotation should contain the Offerors best terms from both a technical and cost standpoint. The Government reserves the right to seek information clarifying any element of an offer prior to award without discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

HSCG40-10-Q-50043 Page 23 of 36

(c ) A written notice of award or acceptance of an offer, mailed, or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Award shall be made on the basis of the lowest evaluated price of proposals that are found technically acceptable.

RELATIVE IMPORTANCE OF EVALUATION CRITERIA

Technically capability and past performance are the most important non-cost factors. Technical capability is more important than past performance. When combined, the non-cost factors are significantly more important than the evaluated price.

EVALUATION FACTORS

TECHNICAL

In order for an offer to be determined technically acceptable, offerors must complete the below certification and submit documentation verifying that they are an authorized distributor for J.D.C.I. Enterprises, Boat Master.

The certificate below shall be completed by a Corporate Officer who is authorized to legally bind the company. The company certifies that the parts to be provided under this contract are new and manufactured by or for J.D.C.I. Enterprises, Boat Master.

I HEREBY CERTIFY THAT THE PARTS TO BE PROVIDED UNDER THIS

CONTRACT SHALL BE NEW AND SHALL BE MANUFACTURED BY OR FOR

J.D.C.I., Enterprises, Boat Master.

Authorized Corporate Officer Signature

Print Name and Title

Date

FAILURE TO COMPLETE THE CERTIFICATE ABOVE SHALL RESULT IN YOUR

QUOTE BEING DETERMINED UNACCEPTABLE AND REJECTED. CERTIFICATE

SHALL BE RECEIVED TO THE DATE AND TIME SPECIFIED FOR RECEIPT OF

QUOTES.

PRICE

The unit price of each CLIN shall be multiplied by the estimated quantity stated in the Schedule.

The total price of all CLIN’s shall be added together to arrive at an aggregate total.

FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interest, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

HSCG40-10-Q-50043 Page 24 of 36

PAST PERFORMANCE

Offerors will be evaluated on performance under existing and prior contracts for similar products. Performance information will be used as an evaluation factor as required by Federal Acquisition Regulation (FAR) 15.304(c )(3). The Government will focus on information that demonstrates quality of performance relative to the size and complexity of the acquisition under consideration. Offerors lacking past performance information may not be evaluated favorably or unfavorably but will receive a neutral rating.

FAR 52.232-15 PROGRESS PAYMENTS NOT INCLUDED (APR 1984)

A progress payments clause is not included in this solicitation, and will not be added to the resulting contract at the time of award. Offers conditioned upon inclusion of a progress payment clause in the resulting contract shall be rejected as non-responsive.

F,O.B. DESTINATION

Quotes are required to be submitted on an “F.O.B. Destination” basis. Quotes received on other than F.O.B. basis shall be rejected as unacceptable.

NOTICE OF PREAWARD SURVERY

(a) Offerors are advised that the Government may contract potential contractors to ascertain their capabilities to perform the work specified in this solicitation. In addition to financial statements and credit rating checks, the Governement may visit a prospective contractors facility. Area of interest on this survey may include, but are not limited to the follow:

(1) Performance plans

(2) Quality assurance and control plans

(3) Personnel recruitment and training plans

(4) Workload factor for manpower utilization

(5) Management plan for handling peak workloads

(6) Production capability

i. Plant facilities, equipment and labor resources

ii. Purchasing and subcontracting

iii. Performance record and ability to meet delivery schedules

(b) Offerors are advised that accomplishment of this survey is a part of the evaluation process and is not to be construed as an indication that an offeror will receive or is in the best position to receive the resultant award.

HSCG40-10-Q-50043 Page 25 of 36

52.212-3 OFFEROR REPRESENTATIONS ANDCERTIFICATIONS-COMMERCIAL SUPPLES

(JUN 2009) ALT II (AUG 2009)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision--

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

http://orca.bpn.gov/

HSCG40-10-Q-50043 Page 26 of 36

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization.

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case…