11R50004.pdf

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

HSCG40-11-R-50004

6. SOLICITATION ISSUE

DATE

7/27/2011

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

8/29/2011; 2:00 PM EDST

9. ISSUED BY CODE 10. THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE: 100%FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

NAICS: 441222

SIZE STANDARD: $30M

11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

U.S. Coast Guard Surface Forces Logistics Center CPD3/Small Boat Product Line Mail Stop 99, 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 Pages 7 and 8

Kelly Wyatt, Contracting Officer (see address in Block 9)

17.a CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

See Pages 9 through 11

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

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Attached Pages 2 through 37

(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) 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

TABLE OF CONTENTS

DESCRIPTION PAGE(S)

Standard Form 1449 (SF1449) 1

Table of Contents 2

Addendum to Standard Form 1449:

Block 20, Schedule of Supplies/Services 3-4 Deliveries or Performance 5-8 Addendum to Block 18A Invoicing Requirements 9-11

Addendum to FAR 52.212-4, Contract Terms and Conditions – Commercial Items 11-13

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items 14-19

Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items 20-22

FAR 52.212-2, Evaluation – Commercial Items 23-25

FAR Clause 52.212-3, Offeror Representations and Certifications – Commercial

Items 25-37 NOTE: FAR Provision 52.212-1, Instructions to Offerors – Commercial Items (JUNE 2008) and FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items (JUNE 2010) are hereby incorporated by reference.

ATTACHMENTS:

Attachment 1 Schedule of Supplies/Services Attachment 2 Past Performance Questionnaire

ADDENDUM TO SF 1449 – BLOCK 19 THROUGH 26

SCHEDULE OF SUPPLIES//SERVICES

TYPE OF CONTRACT

The Government anticipates award of multiple Requirements contracts each consisting of one (1) base and two (2) option years. A Requirements contract is defined in FAR Clause 52.216-21, Requirements, Page 12.

ORDERING

a. Material will be ordered by the issuance of individual delivery orders. Refer to FAR Clause 52.216-18, Ordering, Page 11.

b. Any supplies or services to be furnished under this contract shall be ordered by issuance of delivery orders by the following activity:

USCG Surface Forces Logistics Center CPD3/Small Boat Product Line Mail Stop 26, Bldg. 31, 2nd Floor 2401 Hawkins Point Road Baltimore, MD 21226-5000

OPTIONS

Each option extending the term of this contract shall be for a period of one (1) year from the effective date of each option.

QUANTITIES

The quantities shown for all CLINS reflect estimated quantities only.

ADDENDUM TO SF 1449 - BLOCK 20

SCHEDULE OF SUPPLIES/SERVICES

This requirement covers the acquisition of various spare parts to support the U.S. Coast Guard small boat fleet.

The Government does not possess any engineering or technical data or drawings to release with the solicitation. Included in the Schedule are multiple Original Equipment Manufacturers (OEM) and Suppliers that have supplied these parts to the Government. Attachment 1, Schedule of Supplies/Services, identifies all Contract Line Items (CLINs) for the base year and all option years. The Schedule identifies the item, part number, original equipment manufacturer or supplier, estimated quantity and unit of issue.

BRAND NAME OR EQUAL

Alternate parts will be authorized if they are an approved alternate under the North Atlantic Treaty Organization (NATO) catalog system, which improves interoperability between NATO and commercial cataloging systems. Alternate part numbers MUST meet the exact form, fit, and functional characteristics of the listed part number and conform to the approved configuration of the applicable Coast Guard boat platform.

Offeror’s proposing other than the part numbers identified MUST:

(1) Identify the part number and manufacturer of the proposed part(s) in the spreadsheet provided; and

(2) Provide descriptive literature to verify the proposed part(s) does meet the exact form, fit, and function of the listed part number.

Offerors must be able to provide necessary certification including traceability to a manufacturer, manufacturer’s certificate of conformance, and its own certificate of conformance to ensure the alternate parts proposed are suitable for installation on U.S. Coast Guard small boats. Traceability means a clear, complete, documented, and auditable paper trail which traces each step from an OEM or distributor to its current location.

Any proposal received that proposes alternate part numbers, but does not include descriptive literature, shall be determined unacceptable and shall be eliminated from further consideration.

DELIVERIES, PACKAGING AND MARKING

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1988)

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

NUMBER TITLE DATE

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay of Work APR 1984 52.247-29 F.O.B. Origin FEB 2006

FAR 52.246-15 CERTIFICATE OF CONFORMATION (APR 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government’s right to inspect supplies under the inspection provisions of this contract be prejudiced.

Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor’s signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor’s expense.

(d) The certificate shall read as follows:

I certify that on ______ [insert date], the ____ [insert Contractor’s name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: _____________________________ Signature: _____________________________________ Title: _________________________________________ http://www.arnet.gov/

PRESERVATION, PACKAGING, AND MARKING

Commercial packaging is acceptable however each item ordered under this contract shall be individually preserved, packaged, and marked with the following information:

Stock Number

Item Name Part Number Contract Number Delivery Order Number Quantity Unit of Issue

PACKING LIST

All material delivered to the Coast Guard under this contract shall be accompanied by an itemized packing list. The packing list must provide details of the containers content and include identification of the stock number, item, name, part number, quantity, unit of issue, contract number, and delivery order number. Contractors may use a copy of the delivery order as the packing slip as long as the copy is identified with the words “PACKING SLIP”.

This list shall be attached to the outside of the container in a waterproof envelope securely attached on side containing the marking, but not covering any of said marking.

NOTE:

Failure to prepare for shipment any item and or mark any containers as specified herein shall result in rejection of the shipment and return of the shipment at the contractor’s expense.

MARKING OF WARRANTED ITEMS:

Pursuant to the requirements of FAR 46.706(b)(5), the contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of the warranty. Markings may be brief but should include

(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.

USCG INSPECTION AND ACCEPTANCE

The Contractor shall be responsible for the performance of any inspection and test requirements. Inspection and acceptance shall take place at Destination. Final 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 as outlined herein.

FAR 52.211-8 TIME OF DELIVERY (JUNE 1997)(ALT. I, APR 1984)

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

REQUIRED DELIVERY SCHEDULE

ITEM QTY WITHIN DAYS AFTER……

All CLIN’s As Required 30 calendar days after the date of each individual delivery order

NOTE: Any part ordered to support a casualty must be shipped within 24 hours of receipt of an order. Verbal orders shall be authorized in support of casualties.

The Government will evaluate equally, as regards to 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 may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

ITEM QTY WITHIN DAYS AFTER……

All CLIN’s As Required ___ calendar days after the date of each individual delivery order

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

ADDENDUM TO BLOCK 16 - CONTRACT ADMINISTRATION

SHIPPING DESTINATION(S)

All parts ordered under this contract shall be shipped to one of the following addresses:

U.S. Coast Guard Transformation Warehouse or 1873 W. Ehringhaus Street Elizabeth City, NC 27908

USCG Surface Forces Logistics Center Receiving Room, Bldg. #88 2401 Hawkins Point Road Baltimore, MD 21226-5000

The Government reserves the right to direct deliver any part under this contract to any Coast Guard unit within the United States, Guam, Puerto Rico, or other U.S. territories. Shipping charges shall be negotiated at the time orders are placed. The Contractor shall be required to submit signed delivery tickets as proof of delivery.

ADDRESS OF CORRESPONDENCE

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

U.S. Coast Guard Surface Forces Logistics Center CPD3/Small Boat Product Line Attn: Kelly Wyatt, Contracting Officer Mailstop 26, Bldg. #31, 2nd Floor 2401 Hawkins Point Road Baltimore, MD 21226-5000 M/F: Contract Number: {To be furnished at the time of award} Delivery Order Number: {To be furnished with each individual delivery order}

VERBAL ORDERS

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

COAST GUARD ACTIVITY AUTHORIZED TO PLACE ORDERS

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

U.S. Coast Guard Surface Forces Logistics Center CPD3/Small Boat Product Line Mailstop 26, Bldg. #31, 2nd Floor

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 provided shall be identical to the standard commercial warranty normally 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 provided below and attach a copy of the warranty terms with their offer.

CONTRACT ADMINISTRATION

The Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, shall be the contract administrator of this contract – Kelly Wyatt, (410) 762-6472, Kelly.A.Wyatt@uscg.mil.

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.

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.

ADDENDUM TO BLOCK 18A - INVOICING REQUIREMENTS

INVOICING REQUIREMENTS – FIRM-FIXED PRICE CONTRACTS

Due to ongoing modernization efforts of the Coast Guard’s Logistic System, the Surface Forces Logistics Center, Small Boat Product Line, is tasked with utilizing multiple financial and inventory IT systems until final decisions are made as to which system best meets the Coast Guard’s new business model.

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

mailto:Kelly.A.Wyatt@uscg.mil

An original invoice shall be submitted to one the following designated payment offices. Each individual delivery order will specify the submission address.

Chief, Fiscal Branch U.S. Coast Guard, ALC 1664 Weeksville Road, Bldg. 63 Elizabeth City, NC 27909 M/F: Contract Number/Delivery Order Number: {to be furnished with each individual delivery order}

Contractors may submit invoices electronically to: ALC-Fiscal@uscg.mil

-OR-

U.S. Coast Guard P.O. Box 4122 Chesapeake, VA 23327-4122 M/F: Contract Number/Delivery Order Number: {to be furnished with each individual delivery order}

Contractors may submit their invoices electronically to: FIN-SMB-YardTeam@uscg.mil

Commercial Invoices U.S. Coast Guard Finance Center P.O. Box 4115 Chesapeake, VA 23327-4115 M/F: Contract Number/Delivery Order Number/Requisition Number: {to be furnished with each individual delivery order}

Contracts may submit invoices electronically to: FIN-SMB-Invoices@uscg.mil mailto:ALC-Fiscal@uscg.mil mailto:FIN-SMB-YardTeam@uscg.mil mailto:FIN-SMB-Invoices@uscg.mil

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: _____________________

EMAIL ADDRESS: __________________________

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND

CONDITIONS - COMMERCIAL ITEMS (JUN 2010)

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Chief of Contracting Office, U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, and shall not be binding until so approved.

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders 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 of the four option years 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.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $150,000;

(2) Any order for a combination of items in excess of $150,000.00; or

(3) A series of orders from the same ordering office within THIRTY (30) calendar 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.

FAR 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 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.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within ONE (1) calendar day prior to the expiration of this contract; 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 three (3) years.

The following Homeland Security Acquisition Regulations are hereby incorporated by reference, with the same force and effect as if incorporated in full text. The full text of these clauses may be viewed electronically at www.dhs.gov.

NUMBER TITLE DATE

HSAR 3052.242-72 Contracting Officer’s Technical Representative DEC 2003 HSAR 3052.242-71 Dissemination of Contract Information DEC 2003 http://www.dhs.gov/

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS (MAY 2011)

(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:

_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).

_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X__ (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

_X__ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161).

___ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

___ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (10) [Reserved]

___ (11) (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.

___ (12) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

_X__ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

___ (14) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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.

___ (iv) Alternate III (July 2010) of 52.219-9.

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

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

___ (17) (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.

___ (18) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (19) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub.

L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X__ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

___ (22) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011).

___ (23) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).

_X__ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (25) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X__ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X__ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

___ (32) 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.)

___ (33) (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.)

___ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (35) (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__ (36) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O. 13513).

_X__ (37) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (38) (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.

___ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (40) 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).

___ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

___ (43) 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)).

___ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X__ (45) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C.

3332).

___ (46) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (49) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

___ (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.

(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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Re served]

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(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.

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS –

COMMERCIAL ITEMS (JUN 2008)

PROPOSAL SUBMISSION REQUIREMENTS

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 www.arnet.gov.

NUMBER TITLE DATE

52.211-6 Brand Name or Equal AUG 1999 52.214-34 Solicitation of Offers in the English Language APR 1991 52.214-35 Submission of Offers in U.S. Currency APR 1991 52.215-1 Instructions to Offerors – Competitive Acquisition JAN 2004

Technical

In order to be determined technically acceptable, Offerors must (1) complete the certification contained on Page 23, verifying the parts to be provided under the resultant contract are the genuine OEM parts being requested, or (2) provide descriptive literature detailing that alternate parts proposed meet the exact form, fit, and function of the part numbers identified. Failure to provide either of this information shall render your proposal unacceptable and your proposal shall be eliminated from further consideration.

Descriptive Literature

(a) “Descriptive literature,” as used in this provision, means information furnished by a offeror, such as cuts, illustrations, drawings, and brochures, that shows a product’s characteristics or construction or explains its operation.

The term includes only that information required to evaluate the acceptability of the product and excludes other information for operating or maintaining the product.

(b) Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as –

(1) Design;

(2) Materials;

(3) Components;

(4) Performance characteristics; and

(5) Methods of manufacture, assembly, construction, or operation.

(c) Descriptive literature, required elsewhere in this solicitation, shall be –

(1) Identified to show the item(s) of the offer to which it applies; and

(2) Received by the time specified in this solicitation.

http://www.arnet.gov/

(d) If the offeror fails to submit descriptive literature on time, the Government may consider the proposal unacceptable and the proposal may be eliminated from further consideration.

(e) If the descriptive literature fails to show that the product offered conforms to the requirements of the solicitation, the Government may consider the proposal unacceptable and the proposal may be eliminated from further consideration.

Cost/Price

One fully executed and signed original copy of the Request for Proposal (RFP) (all pages) must be returned. Offerors MUST provide their pricing on the spreadsheets provided, Attachment 1. Ensure that all representations and certifications are completed as required in the solicitation. Failure to return one completed copy of this RFP package may render your proposal unacceptable and your proposal may be eliminated from further consideration.

Past Performance

Offerors are required to provide references for at most three (3) contracts completed during the past three years or currently in process for the same type of supplies being solicited under this solicitation. Contracts listed may include those entered into by the Federal Government, agencies of the state and local governments, and commercial customers.

References other than those provided by the Offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror’s past performance.

Offeror’s shall present this information for each contract in the following format:

a. Name of Offeror

b. Contract Number

c. Contract type

d. Contract dollar value

e. Period of performance

f. Place of performance

g. Contracting activity

h. Customer points of contact with telephone numbers and email addresses for the Procurement Contracting Officer (PCO), the Administrative Contracting Officer (ACO), and the Program Manager (PM).

i. Brief description of worked performed or supplies delivered.

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) of this clause; or

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

FAR 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 General Accounting Office (GAO), shall be served on the Contracting Officer, KELLY WYATT (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Address: U.S. Coast Guard Surface Forces Logistics Center CPD3/Small Boat Product Line

Mail Stop #26, Bldg. #31, 2nd Floor

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

GAO.

DELIVERY VIA OVERNIGHT CARRIERS

For proposals delivered via Overnight Carriers (e.g., Federal Express, DHL) the offeror must specifically request that the carrier, upon his arrival at the U.S. Coast Guard Surface Forces Logistics Center, request permission to deliver the Proposal/Amendment(s) directly to the addressee. Proposals may be hand-carried to Kelly Wyatt, Contracting Officer, at 2401 Hawkins Point Road, Bldg. #31. 2nd Floor, 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 proposals and award a contract without discussions with Offerors except clarifications as determined necessary. Therefore, the Offeror’s initial proposal should contain the Offeror’s 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.

(c) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(d) 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.

EVALUATION FACTORS

TECHNICAL

In order for an offer to be determined technically acceptable, offerors must complete the below certification verifying that all parts to be provided under the resultant contract will be genuine OEM parts as identified.

"I HEREBY CERTIFY THAT _________________________________ (insert offeror name), WILL

PROVIDE THE EXACT OEM PART NUMBERS BEING REQUESTED IN THE SCHEDULE"

NAME OF AUTHORIZED CORPORATE OFFICER

TITLE

DATE

Failure to complete this certification, and submit the required supporting documentation with your original proposal, may render your proposal unacceptable and your proposal may be rejected.

If the offeror has proposed alternate part numbers and OEMs, has provided detailed descriptive literature to verify the proposed alternate parts meets the exact form, fit, and function of the requested part numbers.

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.

Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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).

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…