HSCG40-11-R-30089.docx

HSCG40-11-R-30089

OMBUDSMAN

NOTICE FOR FILING AGENCY PROTEST

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

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

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

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

Commandant (CG-913) U.S. Coast Guard Headquarters Acquisition Planning and Performance Measurement 1900 Half St. S.W. Room 11-0402 Washington, DC 20593 Telephone (202) 372-3692

SECTION B – SUPPLIES OR SERVICES AND PRICES

SEE ATTACHED SCHEDULE WHICH BECOMES SECTION B UPON COMPLETION BY OFFEROR

B-1 CONTRACT MINIMUM AND MAXIMUM

The following are the contract minimums and maximums:

A. Contract Minimum: $2,000.00 B. Contract Maximum: $5,000,000.00 The failure of the Government to furnish such items in the amounts or quantities described in the Schedule as “estimated” or “maximum” will not entitle the contractor to any equitable adjustment in price under the Government Property clause of the contract.

SECTION C – DESCRIPTIONS AND SPECIFICATIONS

C-1 CONTRACT SPECIFICATIONS

The following documents are hereby incorporated by reference or full text as attachments in Section J.

A. Specification Number R-245-0155, entitled Controllable Pitch Propeller Hub Standard Overhaul Specification, Revision E, dated 05/10. (Attachment J.1) B. Specification Number D-000-0100, entitled Bar Coding for U.S. Coast Guard Engineering Logistics Center Material, Revision G, dated 02/06. (Attachment J.2)

SECTION D – PACKAGING AND MARKING

D-1 PRESERVATION, PACKAGING, AND MARKING

Each hub shall be individually preserved, packaged, and marked in accordance with Specification Number R-245-0155, entitled Controllable Pitch Propeller Hub Standard Overhaul Specification, Revision E, and dated 05/10. (Attachment J.1); and Specification Number D-000-0100, entitled Bar Coding for U.S. Coast Guard Engineering Logistics Center Material, Revision G, and dated 02/06. (Attachment J.2)

D-2 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 a warranty. Markings may be brief but should include (i) a brief statement that a warranty exists; (ii) the substance of the warranty; (iii) its duration; and (iv) whom to notify if the supplies are found to be defective. For commercial items, the contractor’s trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies.

D-3 PACKAGING LIST

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

D-4 NOTE

Failure to prepare for shipment any item, and/or mark all packages, boxes, etc., as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor’s expense.

SECTION E – INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE

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

- An authorization number such as the contract/delivery order number

- Product or service description, including contractual documents line item number

- Quantities shipped (if applicable)

- Date(s) property or services were accepted

- Signature, printed name, title, telephone number, and mailing address of the receiving official One (1) copy of the DHS Form 700-21 shall be sent to the Contracting Officer upon shipment/delivery of any deliverable hereunder, clearly marked “Information Only.”

Appointed Contracting Officers Representative (COTR) will participate in the administration of this contract specifically to evaluate contractor performance, inspect services for the Government, and support the Government Contracting Officer Representatives Program. This designation does not include authority to direct and/or authorize the Contractor to make changes in the scope of the terms without the written authority of the Contracting Officer. The Contracting Officer will notify the Contractor in writing of names, duties, and limitations of appointed COTR’s.

E-2 U.S. COAST GUARD INSPECTION (ORIGIN)

The contractor shall be responsible for the performance of all inspection requirements in accordance with Specification Number R-245-0155, entitled Controllable Pitch Propeller Hub Standard Overhaul Specification, Revision E, dated 05/10 (Attachment J.1). Inspection shall take place at the Contractor’s facility, or other location approved by the Contracting Officer, and shall be witnessed by a Government Quality Assurance Representative. The Contractor shall furnish to the Contracting Officer advance notification when any item will be ready for Government inspection. This advance notice may be made by telephone and shall not be less than seven (7) calendar days prior to inspection.

E-3 GOVERNMENT ACCEPTANCE (DESTINATION)

Final acceptance shall be made by a Government representative at destination. Acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the preservation, packaging, and marking requirements of Specification Number R-245-0155, entitled Controllable Pitch Propeller Hub Standard Overhaul Specification, Revision E, dated 05/10 (Attachment J.1).; and Specification Number D-000-0100, entitled Bar Coding for U.S. Coast Guard Engineering Logistics Center Material, Revision G, dated 02/06 (Attachment J.2).

E-4 FAR 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (FEB 1999)

The Contractor shall comply with the higher-level quality standard selected below:

SECTION F – DELIVERIES OR PERFORMANCE

CLAUSES INCORPORATED BY REFERENCE

Evaluation 52.247-55 FOB Point for Delivery of Government- JUN 2003 Furnished Property

CLAUSES INCORPORATED IN FULL TEXT

52.211-8 Time of Delivery JUN 1997

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

REQUIRED DELIVERY SCHEDULE

0137/0216 thru 4137/4216

0221/0300 thru 4221/4300

0468/0522 thru 4468/4522

0527/0581 thru 4527/4581

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding

(1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of Clause) Alternate III (Apr 1984). If the delivery schedule is to be based on the actual date the contractor receives a written notice of award, the contracting officer may delete paragraph (b) of the basic clause. The time may be expressed by substituting “within days after the date of receipt of a written notice of award” as the heading for the third column of paragraph (a) of the basic clause.

F-1 PERIOD OF PERFORMANCE

The period of performance will be from the date of contract for one year with four one-year options.

F-2 PLACE OF DELIVERY - DESTINATION

(A) CLINS 0001, 0133, 0134, 0217, 0218, 0464, 0465, 0523, 0524, 0584, 0585, 0586, and each corresponding option year CLIN shall be furnished electronically to the following address:

Toni.J.Cheek@uscg.mil M/F: Contract Number/Delivery Order number {To be furnished at time of award of contract and individual delivery order}

(B) CLINS 0135, 0136, 0137 through 0216, 0219, 0220, 0221 through 0300, 0466, 0467, 0468 through 0522, 0525, 0526, 0527 through 0581, and each corresponding option year CLIN shall be delivered to the following address*:

US Coast Guard Surface Forces Logistics Center Receiving Room, Bldg 88 2401 Hawkins Point Road Baltimore, MD 21226 M/F: Contract Number {To be furnished at the time of award} Delivery Order Number {To be furnished with each individual delivery order} *Receiving room hours are 7 am to 1 pm EST Monday through Friday.

F-3 DELIVERY OF GOVERNMENT FURNISHED PROPERTY

The Government shall be responsible for providing delivery of all Government Furnished Property to the contractor’s facility; however the cost for shipping shall be used in the evaluation of offers in accordance with Section M, Paragraph M.10. The contractor shall be responsible to provide FOB Destination delivery of repaired hubs to the address for shipment as provided in Section F, Paragraph F2(B). Estimated weights are provided in Section H, Paragraph H5 to assist the contractor in determining the cost of shipping the repaired hubs to the US Coast Guard Surface Forces Logistics Center.

F-4 ISSUANCE OF DELIVERY ORDERS

Delivery orders may be issued by other Contracting Officers in other Product Lines within Surface Forces Logistics Center.

SECTION G – CONTRACT ADMINISTRATION DATA

CLAUSES INCORPORATED IN FULL TEXT

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 construction, 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 or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(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.

(End of clause)

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.

G-1 UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

A. The Contractor shall 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 Technical Representative acting within the limits of their authority. A Contracting Officer’s Technical Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

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.

G-2 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data will be provided for each delivery order issued under this contract.

G-3 GOVERNMENT POINTS OF CONTACT

A. Address and telephone number of the Contracting Officer (KO) JoAnn Yamane USCG Surface Forces Logistics Center Procurement Branch 1 1301 Clay Street, Ste 800N Oakland, CA 94612

(510) 637-5970 JoAnn.T.Yamane@uscg.mil B. Address and telephone number of the Contract Administrator Toni Cheek USCG Surface Forces Logistics Center Procurement Branch 1 2401 Hawkins Point Road, Bldg 3-2 Baltimore, MD 21226

(410) 762-6830 Toni.J.Cheek@uscg.mil

G-4 INVOICING INSTRUCTIONS

The Contractor shall submit invoices to the following designated payment office:

US Coast Guard Yard PO Box 4122 Chesapeake, VA 23327 Email: FIN-SMB-Yardteam@uscg.mil *To constitute a proper invoice, invoices MUST contain the following information:

(1) Name and address of Contractor

(2) Invoice date

(3) Contract and Delivery Order Number

(4) Description of service(s), labor categories, expended labor hours per category, labor rates, and extended price

(5) Terms of any prompt payment discounts offered

(6) Dun & Bradstreet (DUNS) Number

(7) Federal Tax Identification Number

(8) Name, title, and telephone number of individual to be notified upon receipt of improper invoice(s)

Failure to submit a complete invoice may delay payment of invoices. Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office Management and Budget (OMB) Circular A-125, Prompt Payment. The Contractor is encouraged to assign an identification number to each invoice.

In addition, all contractors are required to be registered in the Central Contractor Registration (CCR) database. A Data Universal Numbering System (DUNS) number is the primary identifier in the CCR database, and should also be notated on all invoices.

For more information on CCR, and to register online, simply visit the CCR website at http://www.ccr.disc.dla.mil or call the Coast Guard Finance Center Customer Service line at (757) 523-6940. Offerors must be registered in Central Contractor Registration database no later than the date of award.

G-5 NOTIFICATION REGARDING ADMINISTRATIVE PROBLEMS

If at any time during the performance of this contract, administrative problems should arise which will have an adverse impact on timely performance by the Contractor or affect the contract prices or funding, the Contractor is required to immediately notify the Contracting Officer (KO) and Contract Administrator identified in paragraph G-2 of above.

G-6 CONTRACTOR’S CONTRACT ADMINISTRATION

The Contractor’s contract administrative functions will be performed at the following address:

Name and Title_________________________________________________________ Responsible Office______________________________________________________ Address_______________________________________________________________ Telephone Number______________________________________________________ Fax Number___________________________________________________________ Email Address__________________________________________________________

DUNS#__________________________

TAX ID NUMBER___________________

G-7 WITHHOLDING PAYMENT FOR NONDELIVERY OF DATA (APR 1984)

(a) If technical plans, drawings, reports, spare parts lists, repair parts lists, or the like, or instruction books (including manuscripts or printer’s copy) or any part thereof, are not delivered within the time specified by the contract are deficient upon delivery, the Contracting Officer shall, at his/her discretion, withhold from each invoice a percentage of the contract price in accordance with the following table:

(b) The withholding of any sums pursuant to this clause shall not be construed as, or constitute in any manner, a waiver by the Government of the Contractor’s obligation to furnish the data required under this contract. In the event the Contractor fails to furnish these items, the Government shall have those rights and remedies provided by law and pursuant to this contract in addition to, and not in lieu of, the sum withheld in accordance with this clause.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-1 REQUIRED STANDARD OF WORKMANSHIP

Unless otherwise specifically provided in this contract, the quality of all supplies and services rendered hereunder shall conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies and services shall be rendered or supervised directly by individuals fully qualified in the relevant profession, trade, or field, and holding any licenses required by law.

H-2 TELECOMMUNICATED ORDER/FACSIMILE ORDER

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

H-3 COAST GUARD ACTIVITY AUTHORIZED TO PLACE ORDERS

Delivery orders shall be issued by the following Coast Guard Activity:

US Coast Guard Surface Forces Logistics Center Procurement Branch 1/LREPL 2401 Hawkins Point Road Baltimore, MD 21226-5000

H-4 STANDARD COMMERCIAL WARRANTY

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

Offerors are requested to state the terms and conditions of their standard commercial warranty in the space provide below or to attach a copy of the warranty terms with their proposal.

H-5 GOVERNMENT FURNISHED PROPERTY

The Government shall provide the property mentioned below, notwithstanding any terms or conditions of the specification to the contrary. All property provided to the Contractor by the Government under this contract shall be subject to the “Government Property – Fixed Price Contracts” clause of this contract.

GFP furnished under this contract shall be:

Type 2, Style A, P/N 14485-D-LH Stock Number 2010-01-268-5697, 378’ WHEC 1 Each $167,201.50 23,955 lbs Type 2, Style B, P/N 14485-D-RH Stock Number 2010-01-143-5217, 210’ WMEC 1 Each $21,372.50 4,550 lbs Type 5, Style A, P/N 13337-D-LH Stock Number 2010-01-141-3494, 210’ WMEC 1 Each $56,681.62 4,840 lbs Type 5, Style B, P/N 13337-D-RH

H-6 ADDRESS FOR SHIPMENT OF GOVERNMENT FURNISHED PROPERTY

Firm Name:__________________________________________________________ Street Address:_______________________________________________________ City, State, Zip Code:__________________________________________________

H-7 COMPLIANCE WITH APPLICABLE FEDERAL, STATE, AND LOCAL REQUIREMENTS

In performing work under this contract, the Contractor shall comply with all applicable federal, state, and local statutes, ordinances, and laws.

H-8 DISPOSITION OF GOVERNMENT FURNISHED PROPERTY/DATA

Each Hub, upon transfer from the government to the contractor, shall be examined for completeness, proper type, quantity, and damage. The Contractor shall be fully and solely responsible for any damage to such material while in the contractor’s custody and until it is returned to the U.S. Coast Guard Surface Forces Logistics Center and accepted by the Contracting Officer or an authorized representative.

H-9 SUBCONTRACTING PLAN REQUIREMENTS

A subcontracting plan may be required prior to award. In the event a subcontract plan is required, the prospective awardee shall be required to provide said plan within five (5) calendar days after verbally requested to do so by the Contracting Officer. If a subcontracting plan is required, the plan must be determined acceptable to the Government as a contingency for award. Failure to submit an acceptable plan within the time limit prescribed shall determine the offeror ineligible for award.

H-10 CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR)

A. GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

B. NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 30 days to respond to the SLFC’s assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system.

C. INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.

D. RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.

H-11 MINIMUM GUARANTEED AMOUNT

The minimum guaranteed amount for this IDIQ contract is $2,000.00 as per section B-1.

SECTION I – CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

Than Certified Cost or Pricing Data - Modifications 52.219-8 Utilization of Small Business Concerns JAN 2011 52.219-9 Small Business Subcontracting Plan JAN 2011 Alternate II (52.219-9) OCT 2001 52.219-16 Liquidated Damages -- Subcontracting Plan JAN 1999 52.219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged OCT 2008 Business Concerns

Relations Act

CLAUSES INCORPORATED IN FULL TEXT

52.204-1 Approval of Contract Dec 1989 This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of Clause) 52.209-9 Updates of Publicly Available Information Regarding JAN 2011 Responsibility Matters

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov .

(b)

(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)

(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(End of clause) Alternate I (Jan 2011.) As prescribed in 9.104-7(c)(2), redesignate paragraph (a) of the basic clause as paragraph (a)(1) and add the following paragraph (a)(2):

(2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011.

52.216-18 Ordering OCT 1995

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

(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.

(End of Clause) 52.216-19 Order Limitations OCT 1995

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than less than a quantity of 1 hub each, 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 one (1) hub per delivery order;

(2) Any order for a combination of items in excess of ten (10) hubs; or

(3) A series of orders from the same ordering office within five (5) calendar days days that together call for quantities exceeding the limitation in subparagraph (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 five (5) calendar 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.

(End of Clause)

52.216-22 Indefinite Quantity OCT 1995

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 one year after contract expiration.

(End of Clause) 52.217-8 Option to Extend Services NOV 1999 The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within one (1) calendar day before the contract expires.

(End of Clause) 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 one (1) calendar day before the contract expires.

(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 five (5) years.

(End of Clause) HSAR 3052.219-71 DHS Mentor-Protege Program JUN 2006

(a) Large businesses are encouraged to participate in the DHS Mentor-Protégé program for the purpose of providing developmental assistance to eligible small business protégé entities to enhance their capabilities and increase their participation in DHS contracts.

(b) The program consists of:

· (1) Mentor firms, which are large prime contractors capable of providing developmental assistance;(2) Protégé firms, which are small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, HUBZone small businesses, small disadvantaged businesses, and women-owned small business concerns; and(3) Mentor-Protégé agreements, approved by the DHS OSDBU.

(c) Mentor participation in the program means providing business developmental assistance to aid protégés in developing the requisite expertise to effectively compete for and successfully perform DHS contracts and subcontracts.

(d) Large business prime contractors serving as mentors in the DHS Mentor-Protégé program are eligible for a post-award incentive for subcontracting plan credit. The mentor may receive credit for costs it incurs to provide assistance to a protégé firm. The mentor may use this additional credit towards attaining its subcontracting plan participation goal under the same or another DHS contract. The amount of credit given to a mentor firm for these protégé developmental assistance costs shall be calculated on a dollar for dollar basis and reported in the Summary Subcontract Report via the Electronic Subcontracting Reporting System (eSRS) at www.esrs.gov. For example, a mentor/large business prime contractor would report a $10,000 subcontract to the protégé/small business subcontractor and $5,000 of developmental assistance to the protégé/small business subcontractor as $15,000. The Mentor and Protégé will submit a signed joint statement agreeing on the dollar value of the developmental assistance and the Summary Subcontract Report.(e) Contractors interested in participating in the program are encouraged to contact the DHS OSDBU for more information.

(End of clause)

SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

CLAUSES INCORPORATED IN FULL TEXT

52.204-8 Annual Representations and Certifications MAY 2011 (a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 332999.

(2) The small business size standard is 500.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

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

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

[_] (i) Paragraph (d) applies.

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

(c)

(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran—Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] ___ (i) 52.219-22, Small Disadvantaged Business Status.

___ (A) Basic.

___ (B) Alternate I.

___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

___ (iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

___ (v) 52.223-9, with its Alternate I, Estimate of…