HSCG80-12-R-45949A.pdf

HSCG80-12-R-45949A

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) 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 Government Accountability Office (GAO).

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

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

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in 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. 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 submitted to:

COMMANDANT (CG-9131)

U S COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

2100 2ND ST SW STOP 7112

WASHINGTON DC 20593-7112

The Ombudsman Hotline telephone number is 202.372.3695.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2112802P45949

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

6. SOLICITATION

ISSUE DATE

04-19-2012

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Martine Duvall

b. TELEPHONE NUMBER (no collect calls)

410-762-6207

8. OFFER DUE DATE/

LOCAL TIME

05-04-2012

9. ISSUED BY CODE 75174

Commanding Officer USCG Surface Forces Logistics Center Attn: Martine Duvall 300 E Main Street, Suite 550 Norfolk, VA 23510

Martine.M.Duvall@uscg.mil

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 %FOR:

SMALL BUSINESS WOMEN-OWNED SMALL

BUSINESS (WOSB)

HUBZONE SMALL NAICS:

BUSINESS ECONOMICALLY DISADVANTAGED 811219

WOMEN-OWNED SMALL (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8(A) 19.0 MM

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 3/2011)

15. DELIVER TO CODE

See Description of Supplies/Services

16. ADMINISTERED BY CODE

Same as block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

DUNS No.

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE

Commercial Invoices U.S. Coast Guard Finance Center 1430A Christina Way Chesapeake, VA 23326

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

Calibration and Repair of Oil Content Meters for 210’ WMEC Class Medium Endurance Cutters in Accordance with Attached Specification.

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 & 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO

FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND 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 (SINGATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.21

TABLE OF CONTENTS

DESCRIPTION: PAGE

Standard Form 1449 (SF1449) 1

Table of Contents 2

Addendum to Standard Form 1449:

Blocks 19 – 26, Schedule of Supplies/Services 3-10 Block 15, Deliveries, Packaging and Marking 11-16 Contract Administration Data 17-20 Special Contract Requirements 21

Addendum to FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items 22-29

FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement

Statutes or Executive Orders – Commercial Items 30- 37

Addendum to FAR Clause 52.212-1, Instructions to Offerors – 38-44

Commercial Items

FAR Clause 52.212-3 – Offeror Representations and Certifications – 45-62

Commercial Items

ATTACHMENTS:

Attachment I: Specification for Oily Water Separator (OWS) system Oil Content Meter (OCM) Calibration and Repair

Attachment II: DHS Form 700-5 Contractor Report of Government Property

Attachment III: Government Furnished Property Discrepancy Report

Attachment IV: Past Performance Questionnaire

Addendum to Blocks 19 through 26 - Schedule of Supplies and Services

TYPE OF CONTRACT

This is a Requirements-Type Contract with one (1) Base Year and two (2) Option Years. A Requirements Type Contract is defined in FAR Clause 52.216-21 (Oct 1995).

ORDERING

a. Supplies and services will be ordered by the issuance of individual delivery orders. Refer to FAR Clause 52.216-18 Ordering, page 27.

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

U.S. Coast Guard – Surface Forces Logistics Center WMEC Product Line (C&P1) 705 E. Ordnance Road Baltimore, MD 21226

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 and shall be issued in accordance with FAR 52.217-9 (Mar 2000).

QUANTITIES

The quantities shown for all Contract Line Item Numbers (CLIN’s) in the Schedule of Supplies and Services reflect the estimated quantities to be ordered for the Base and each Option Year.

GOVERNMENT FURNISHED PROPERTY

The Government shall provide only that property set forth below, notwithstanding any terms or conditions of the specification to the contrary. All property provided to the Contractor by the Government under this contract shall be subject to the Government Property clause of this contract.

GFP furnished under this contract shall be:

VALUE EACH EST. WT.

ITEM DESCRIPTION QTY METER EACH METER

1. Shimadzu Model 321-30670-02 30 $7,800.00 20 lbs.

Oil Content Meter

LABOR RATES

Labor rates shall include direct and indirect labor costs associated with the labor rate, G&A, overhead, and profit.

TEST AND INSPECTION REPORTS

In addition to the requirements identified in the Specification, all inspection reports must contain the following minimum information:

(a) Actual number of labor hours, hourly rate, total labor cost and labor category for each Oil Content Meter.

(b) List of all replacement parts required, including part numbers, unit prices, extended prices and markup.

(c) Any charges involved with storage.

(d) Serial Number of each Item.

(e) Proposed delivery date for repaired items.

BLOCKS 25 AND 26

Accounting and Appropriation Data and the total award amount ($) shall be included on each individually funded delivery order.

NOTE: Proposals will be accepted via surface delivery and email; proposals submitted via facsimile will not be accepted. Proposals may be sent via email to Martine.M.Duvall@uscg.mil .

Contractors are responsible for verifying the receipt of their proposals. The SF-1449 MUST be completed (Block 17a) and signed by the Offeror.

The address for surface deliveries is:

U.S. Coast Guard – Surface Forces Logistics Center Attn: Martine Duvall WMEC Product Line (C&P1) 705 E. Ordnance Road Baltimore, MD 21226

SCHEDULE OF SUPPLIES AND SERVICES

Base Year

CLIN DESCRIPTION EST.

QTY

PRICE

EACH

PRICE

TOTAL

0001 The contractor shall provide the following reports in accordance with the Specification for OWS OCM Calibration and Repair, dated January 4, 2012/Rev-3, Attachment I.

a. 3.3 Test Run Report.

b. 3.3.1 Condition Found Report.

c. 3.3.2 Calibration Test Report.

d. 3.4 Operational Test Report.

e. 3.4.1 IOPP Calibration and Test Certificate and calibration sticker/decal.

f. Condition Found Report (CFR) for those Oil Content Meters which require repair and replacement parts. The CFR shall include a listing all replacement parts including OEM part number, quantities, unit price and total price for repair, including labor costs.

Not Separately Priced

0002 Accomplish Test Run in accordance with TP 4404, Section B (Instruction Manual), Chapter 8 (Test Run) and following the Precautions of Chapter 7. Submit a Test Run Report.

30 Each $__________ $_________

0003 Inspect, accurately adjust and test Oil Content Meters in accordance with Chapter 2 of TP 4404, Section C (Service Manual). Submit Condition Found Report.

30 Each $__________ $_________

0004 Calibration testing in accordance with MEPC.107(49), Annex Part 2 (Test and Performance Specifications for Type Approval of 15 PPM Bilge Alarms), paragraphs 2.2.5 and 2.2.10. Submit Test Report.

30 Each $__________ $_________

0005 Repair of Oil Content Meters: This is the Government’s estimate of allowable repair costs and is not a guaranteed amount. The actual cost will be determined at the time of inspection and testing of each meter.

NOT TO EXCEED $50,000.00

Proposed Labor Category and Hourly Rate for repair of meters:

Labor Category:_______________________ Hourly Rate:_____________________

0006 Test and prove the OCM’s to be in satisfactory operating condition in accordance with TP 4404. Submit a Test Report including all test data.

30 Each $__________ $_________

0007 Preservation, Packaging, and Marking of each Oil Content Meter in accordance with Attachment I.

0008 Warranty in accordance with Attachment I. Applicable only if contractor’s standard commercial warranty does not cover 90 days from calibration and repair.

0009 DHS 700-5, Contractor Report of Government Property, Attachment II.

Qty – as required Not Separately Priced

BASE YEAR AGGREGATE TOTAL: $___________

First Option Year

CLIN DESCRIPTION EST.

QTY

PRICE

EACH

1001 The contractor shall provide the following reports in accordance with the Specification for

c. 3.3.2 Calibration Test Report.

d. 3.4 Operational Test Report.

e. 3.4.1 IOPP Calibration and Test Certificate and calibration sticker/decal.

f. Condition Found Report (CFR) for those Oil Content Meters which require repair and

1002 Accomplish Test Run in accordance with TP 4404, Section B (Instruction Manual), 30 Each $__________ $_________

1003 Inspect, accurately adjust and test Oil Content Meters in accordance with Chapter 2 of TP 4404, Section C (Service Manual). Submit Condition Found Report.

30 Each $__________ $_________

1004 Calibration testing in accordance with MEPC.107(49), Annex Part 2 (Test and Performance Specifications for Type Approval of 15 PPM Bilge Alarms), paragraphs 2.2.5 and 2.2.10. Submit

1005 Repair of Oil Content Meters: This is the Government’s estimate of allowable repair costs testing of each meter.

1006 Test and prove the OCM’s to be in satisfactory operating condition in accordance with TP 4404. Submit a Test Report including all test data.

30 Each $__________ $_________

1007 Preservation, Packaging, and Marking of each Oil Content Meter in accordance with

1008 Warranty in accordance with Attachment I. Applicable only if contractor’s standard

1009 DHS 700-5, Contractor Report of Government Property, Attachment II.

FIRST OPTION YEAR AGGREGATE TOTAL: $_________

Second Option Year

CLIN DESCRIPTION EST.

QTY

PRICE

EACH

2001 The contractor shall provide the following reports in accordance with the Specification for

c. 3.3.2 Calibration Test Report.

d. 3.4 Operational Test Report.

e. 3.4.1 IOPP Calibration and Test Certificate and calibration sticker/decal.

f. Condition Found Report (CFR) for those Oil Content Meters which require repair and

2002 Accomplish Test Run in accordance with TP 4404, Section B (Instruction Manual), 30 Each $__________ $_________

2003 Inspect, accurately adjust and test Oil Content Meters in accordance with Chapter 2 of TP 4404, Section C (Service Manual). Submit Condition Found Report.

30 Each $__________ $_________

2004 Calibration testing in accordance with MEPC.107(49), Annex Part 2 (Test and Performance Specifications for Type Approval of 15 PPM Bilge Alarms), paragraphs 2.2.5 and 2.2.10. Submit

2005 Repair of Oil Content Meters: This is the Government’s estimate of allowable repair costs testing of each meter.

2006 Test and prove the OCM’s to be in satisfactory operating condition in accordance with TP 4404. Submit a Test Report including all test data.

30 Each $__________ $_________

2007 Preservation, Packaging, and Marking of each Oil Content Meter in accordance with

2008 Warranty in accordance with Attachment I. Applicable only if contractor’s standard

2009 DHS 700-5, Contractor Report of Government Property, Attachment II.

SECOND OPTION YEAR AGGREGATE TOTAL: $_________

CONTRACT TOTAL (BASE AND OPTIONS): $___________

MARKING OF WARRANTED ITEMS

Pursuant to the requirements of FAR Part 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) who 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.

PACKING 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 duplicate list shall be affixed in a conspicuous place, to the outside of the package, in a waterproof envelope.

NOTE

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

INSPECTION AND ACCEPTANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://farsite.hill.af.mil/VFFARA.HTM .

Number Title Date 52.246-2* Inspection of Supplies – Fixed-Price Aug 1996 *Addendum to FAR 52.212-4 52.246-16 Responsibility for Supplies Apr 1984

GOVERNMENT ACCEPTANCE (ORIGIN)

For Services, acceptance shall be contingent upon timeliness and completeness of the service and the submission and acceptance of any reports as outlined in the above Schedule and the Specification.

http://farsite.hill.af.mil/VFFARA.HTM

DELIVERIES OR PERFORMANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://farsite.hill.af.mil/VFFARA.HTM .

Number Title Date 52.242-15 Stop-Work Order Aug 1989 52.242-17 Government Delay of Work Apr 1984

52.247.30 F.o.b. Origin, Contractor's Facility Feb 2006

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)(Alt. I Apr 1984)

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

Required Delivery Schedule

CLIN*

Description Est. Qty Completion

0001a. Test Run Report 30 Each 3 Calendar Days after receipt of Oil Content Meter.

0001b. Condition Found Report

30 Each 3 Calendar Days after receipt of Oil Content Meter.

0001c. Calibration Test Report 30 Each 10 Calendar Days after receipt of Oil Content Meter.

0001d. Operational Test Report 30 Each 10 Calendar Days after receipt of Oil Content Meter.

0001e. IOPP Calibration and Test Certificate and calibration sticker/decal

30 Each 10 Calendar Days after receipt of Oil Content Meter.

0001f. Condition Found Report (CFR) for those Oil Content Meters which require repair and replacement parts.

30 Each 5 Calendar Days after receipt of Oil Content Meter.

0002 Accomplish Test Run 30 Each 3 Calendar Days after receipt of Oil Content Meter.

0003 Inspect, accurately adjust and test Oil Content Meters

30 Each 10 Calendar Days after receipt of Oil Content Meter.

0004 Calibration Testing 30 Each 10 Calendar Days after receipt of Oil Content Meter.

0005 Repair Oil Content Meters 20 Each TBD at time of Inspection of each oil Content Meter.

0006 Test Oil Content Meters 20 Each 3 Calendar Days after completion of authorized repairs.

0007 Preservation, Packaging and Marking 30 Each 3 Calendar Days after completion of Meter Calibration and Repair.

0008 Warranty 30 Each To be included with completion of Calibration and/or Repair.

0009 Contractor Report of Government Property

As Req’d September 15th Annually

*Includes Base and all corresponding Option Year CLIN’s Note: Definitive quantities shall be included on each individual task order.

The Government will equally evaluate, with regards to time of delivery, offers that propose delivery of each CLIN within the required delivery period. Offers that propose delivery that will not clearly fall within the required delivery period specified above may be found unacceptable and may be rejected. The Government reserves the right to award under the required delivery schedule or the proposed delivery schedule when an offeror provides an earlier delivery schedule than required above. If an offeror proposes no other delivery schedule, then the above schedule shall apply.

Proposed Delivery Schedule

CLIN*

Description Est. Qty Completion

0001a. Test Run Report 30 Each __ Calendar Days after receipt of Oil Content Meter.

0001b. Condition Found Report 30 Each __ Calendar Days after receipt of Oil Content Meter

0001c. Calibration Test Report 30 Each __ Calendar Days after receipt of Oil Content Meter.

0001d. Operational Test Report 30 Each __ Calendar Days after receipt of Oil Content Meter.

0001e. IOPP Calibration and Test Certificate and calibration sticker/decal.

30 Each __ Calendar Days after receipt of Oil Content Meter.

0001f. Condition Found Report (CFR) for those Oil Content Meters which require repair and replacement parts.

30 Each __ Calendar Days after receipt of Oil Content Meter.

0002 Accomplish Test Run 30 Each __ Calendar Days after receipt of Oil Content Meter.

0003 Inspect, accurately adjust and test Oil Content Meters

30 Each __ Calendar Days after receipt of Oil Content Meter.

0004 Calibration Testing 30 Each __ Calendar Days after receipt of Oil Content Meter.

0005 Repair Oil Content Meters 20 Each TBD at time of Inspection of each oil Content Meter.

0006 Test Oil Content Meters 20 Each __ Calendar Days after completion of authorized repairs.

0007 Preservation, Packaging and Marking 30 Each __ Calendar Days after completion of Meter Calibration and Repair.

Warranty

30 Each

To be included with completion of Calibration and/or Repair.

0009 Contractor Report of Government Property

As Req’d September 15th Annually

*Includes Base and all corresponding Option Year CLIN’s

(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 I 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 Federal Holidays. If, as so computed, the offered delivery date is later than the required delivery date, therefore may be determined unacceptable and may be rejected.

PLACE OF DELIVERY - REPORTS

All written reports and plans shall be delivered to the Contract Administrator at the following address:

U.S. Coast Guard, SFLC WMEC Product Line, C&P1 Attn: Martine Duvall, Contract Specialist 705 E. Ordnance Road Baltimore, MD 21226-5000 M/F: Contract Number: (to be furnished at award) Delivery Order Number: (to be furnished at award of each delivery order) Or submitted electronically to: Martine.M.Duvall@uscg.mil

F.o.b. ORIGIN

F.o.b. Origin delivery addresses will be provided on each individually funded delivery order.

The Coast Guard Traffic Section must be contacted in order to obtain a Government Bill of Lading prior to shipment of the completed meters. The following information is to be provided:

1. Contract Number/Task Order Number

2. Item identification/description (NMFC item number and classification if possible)

3. Individual and total weight

4. Individual dimensions and total cubic feet

5. Total number of pieces

6. Total dollar value

7. Other pertinent data or special instructions

The USCG/SFLC Transportation Section may be reached at the following telephone numbers:

(410) 762-6927 or (410) 762-6329.

CONTRACT ADMINISTRATION DATA

ADDRESS OF CORRESPONDENCE

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

U.S. Coast Guard, Surface Forces Logistics Center WMEC Product Line, C&P1 Attn: Martine Duvall, Contract Specialist 705 E. Ordnance Road Baltimore, MD 21226-5000 M/F: Contract Number: (to be furnished at award) Delivery Order Number: (to be furnished at award of each delivery order)

CONTRACT ADMINISTRATION

The Contracting Officer or authorized representative, located at the U.S. Coast Guard, SFLC 705 E. Ordnance Road, Baltimore, MD 21226-5000 shall be the Contract Administrator of this Contract – Martine Duvall, Contract Specialist, (410) 762-6207, Martine.M.Duvall@uscg.mil .

INVOICING REQUIREMENTS – FIRM FIXED PRICE CONTRACTS

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

(b) The invoice must also contain the following information:

(1) Name of the Contract Specialist or Contracting Officer

(2) Invoice Routing Code (IRC) assigned by the Coast Guard

(3) Annotate on the invoice indicating that the contractor represents a small business for accelerated payment purposes.

(c) The Coast Guard unique Invoice Routing Code (IRC) for this contract or delivery/task order is:

SFLC-1

(d) Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference:

(1) FINCEN Website invoice receipt form:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

(2) Fax: (757-523-6900)

(3) Mailed to: Commercial Invoices

U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326

(e) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe .pdf formatted file, or as otherwise specified in the contract.

(f) Supporting documentation along with a copy of the invoice shall be sent to the

Contract Administrator (with travel receipts and trip reports if applicable) at the email addresses cited below:

Martine.M.Duvall@uscg.mil

(g) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received:

(1) On the later of:

(i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.

(5) Payment inquiries and status may be obtained - at the following website: -https://www.fincen.uscg.mil/secure/payment.htm.

The Data Universal Number System (DUNS) number is the primary identifier in the Central Contractor Registration (CCR) Database. All contractors are identified in CCR by their DUNS number; therefore, to facilitate payment, it is in your best interest to ensure that your DUNS number is identified on all invoices submitted to the U.S. Coast Guard for payment.

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN

IMPROPER 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 any questions regarding the invoice.

NAME: ________________________

TITLE: ________________________

ADDRESS: ________________________

TELEPHONE NUMBER: ______________________

EMAIL ADDRESS: _______________________

WITHHOLDING PAYMENT FOR NONDELIVERY OF DATA

(a) If data or materials, or any part thereof, are not delivered within the time specified by this Contract or are deficient upon delivery, the Contracting Officer shall unilaterally, at his/her discretion, withhold from each invoice a percentage of the Contract price in accordance with the following table:

When Total Contract Price is: Percentage to be Withheld is:

Less than $250,000 10% $250,000 to $1,000,000 5% Over $1,000,000 2%

(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, not in lieu of, the sum withheld in accordance with this clause.

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 Representative acting within the limits of his/her authority. A Contracting Officer’s 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, specifications, or Statement of Work contained herein.

GOVERNMENT REPRESENTATIVES

(a) The Government may upon contract award or thereafter name representatives with titles such as Project Officer, Contracting Officer’s Representative (COR), Resident Inspector, 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 rights, responsibilities, and limitations of their appointment.

(b) In any event, no such named individual has the authority to issue any direction under this 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.

ADDRESS FOR SHIPMENT OF GOVERNMENT FURNISHED PROPERTY

Firm Name: _________________________________________

Street Address: ______________________________________

City, State, Zip Code: _________________________________

SPECIAL CONTRACT REQUIREMENTS

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.

COAST GUARD ACTIVITIES AUTHORIZED TO PLACE ORDERS

Delivery Orders shall be issued by the following Coast Guard activities:

U.S. Coast Guard, SFLC WMEC Product Line, C&P1 705 E. Ordnance Road Baltimore, MD 21226-5000

U.S. Coast Guard, SFLC WMEC Product Line, C&P1 300 E. Main Street Norfolk, VA 23510

STANDARD COMMERCIAL WARRANTY

If the items 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 or attach a copy of the warranty terms with their offer.

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (Feb 2012)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://farsite.hill.af.mil/VFFARA.HTM .

Number Title Date 52.203-3 Gratuities Apr 1984 52.204-4 Printed or Copied Double-Sided May 2011 on Recycled Paper 52.209-6 Protecting the Government’s Interest Dec 2010 When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.245-1 Government Property Aug 2010 52.245-9 Use and Charges Aug 2010 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 http://farsite.hill.af.mil/VFHSARA.HTM .

Number Title Date 3052.242-71 Dissemination of Contract Information Dec 2003 3052.242-72 Contracting Officer’s Technical Representative Dec 2003 3052.245-70 Government Property Reports Aug 2008

HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE

EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity.

The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

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

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

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

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

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

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

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

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and

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

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

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

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

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

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

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

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

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

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

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

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

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

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

(End of provision)

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (Apr 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] have not [ ] within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has o has not o, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

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 the Contract through a period of one base year and 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 only if authorized in the Schedule.

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 1 Oil Content Meter for Calibration and Repair, 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 10 Oil Content Meters for Calibrations and Repairs;

(2) Any order for a combination of Items in excess of 30 Oil Content Meters for Calibrations and Repairs; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 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 completion of the last delivery order that is issued before the expiration of this Contract.

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

(a) The Government may…