RFP_SSDG_PACKAGE1.23.2013.pdf

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.

COMMANDER

U.S. Coast Guard

Surface Forces Logistics Center

CPD-C&P1-PBPL

300 East Main Street, Suite 600

Norfolk, VA 23510

REQUEST FOR PROPOSALS

HSCG40-13-R-11011

U.S. COAST GUARD 87’WPB SHIP SERVICE DIESEL ENGINE-

GENERATOR

TABLE OF CONTENTS

DESCRIPTION PAGE NUMBER

Standard Form F 1449, Solicitation/Contract/Order for Commercial Items 1

Addendum to Standard Form 1449 3

Contract Administration 8

Contract Documents/Exhibits and/or Attachments

US COAST GUARD 87’WPB SHIP SERVICE DIESEL

ENGINE-GENERATOR (P-311-0637 Date 12/2012) See Separate Attachment

Contract Clauses

FAR 52.212-4 Contract Terms and Conditions 9

Addendum to FAR Clause 52.212-4 Contract Terms and Conditions—Commercial Items 12

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes and Executive Orders 24

Solicitation Provisions

FAR 52.212-1 Instructions to Offerors 29

Addendum FAR 52.212-1 Instructions to Offerors 35

FAR 52.212-2 Evaluation Commercial Items or other Evaluation

Factors for Award 36

FAR 52.212-3 Offerors Representations and Certifications-Commercial Items 38

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

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2113403B4500AK015

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG40-13-R-11011

6. SOLICITATION

ISSUE DATE

01/23//2013

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

SHAVONDA JAMISON,

CONTRACT SPECIALIST

b. TELEPHONE NUMBER (no collect calls)

(757) 441-7036

8. OFFER DUE DATE/

LOCAL TIME

02/13/2013 at

3:00PM EST

9. ISSUED BY CODE 75174

USCG Surface Forces Logistics Center

Attn: SHAVONDA JAMISON

300 E Main Street, Suite 600

E-mail: SHAVONDA.JAMISON@uscg.mil

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

SMALL BUSINESS WOMEN-OWNED SMALL

BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN

OWNED SMALL BUSINESS PROGRAM

HUBZONE SMALL NAICS:

BUSINESS EDWOSB 336320

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8(A) 750

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

DO-N5

14. METHOD OF SOLICITATION

RFQ IFB RFP

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

USCG Finance Center

1430A Kristina 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

The contractor shall provide ship service diesel generator sets for the

U.S. Coast Guard 87’WPB Patrol Boat Fleet in accordance with the

USCG 87’WPB SHIP SERVICE DIESEL ENGINE- GENERATOR

SPECIFICATION DATED 12/2012.

(Use Reverse and/or 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 & 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

KATHRYN E STARK

31c. DATE SIGNED

19.

ITEM

NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK

NUMBER

PARTIAL FINAL

38. S/R ACCOUNT

NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42 a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL

CONTAINERS

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

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

SOLICITATION NUMBER: HSCG40-13-R-11011 PAGE 3 OF 49

87’ WPB SSDGs REPLACEMENT

CONTINUATION OF SF 1449 – BLOCKS 17 – 25

(1) Block 17a: Contractor shall include DUNS number.

(2) Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in System for Award Management (SAM). To receive award Contractor must be registered in System for Award

Management (SAM) http://www.sam.gov.

(3) Block 19 through 24: SEE SCHEDULE OF SUPPLIES/SERVICES BELOW.

(4) Block 25: ACCOUNTING AND APPROPRIATION DATA: To be included on contract award document.

DESCRIPTION OF WORK:

(a) The Contractor shall furnish all necessary labor, material, services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified, to provide, in accordance with this solicitation and attached specification.

(b) Failure to read the specification in its entirety will not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offeror’s risk. All proposals submitted in response to this solicitation shall stand firm for 60 calendar days from the response date of this solicitation.

ALL CONTRACTORS ARE RESPONSIBLE FOR VERIFYING THE RECEIPT OF THEIR

PROPOSALS.

REQUIRED DOCUMENTS:

Each offeror shall furnish the information required by the solicitation, which includes:

1. Signed 1449 with offeror’s address, DUNS and other information completed.

2. Attachment I: Technical Plan as outlined in FAR 52.212-1 Instruction to Offerors

3. Attachment II: Past Performance as outlined in FAR 52.212-1 Instruction to Offerors

4. Attachment III: Price as outlined in FAR 52.212-1 Instruction to Offerors

5. Pricing with a cost associated with each CLIN on pages 5-7

PROPOSAL DUE DATE:

Proposal must arrive no later than 3:00 pm EST, Wednesday, February 13, 2013. Mailed, faxed, and emailed proposal shall be accepted. Proposals may be sent via electronic mail (e-mail) to shavonda.jamison@uscg.mil, or proposals may be sent by the US Postal Service or hand delivered to:

Commanding Officer

US Coast Guard Surface Logistics Center (SFLC)

Attn: Shavonda Jamison, Contract Specialist

300 East Main Street Suite 600

As per FAR 52.215-5 Facsimile Proposal (OCT 1997), faxed proposals may be sent to Shavonda Jamison at 757-

628-4628. Email and faxed proposals are subject to the same rules as paper proposals.

PLEASE NOTE: PROPOSALS THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS BY PROPOSAL

DUE DATE MAY BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED.

http://www.sam.gov/ mailto:shavonda.jamison@uscg.mil

SOLICITATION NUMBER: HSCG40-13-R-11011 PAGE 4 OF 49

SCHEDULE OF SUPPLIES/SERVICES

The U.S. Coast Guard Surfaces Forces Logistics Center intends on awarding one (1) Requirement Contract with

Firm-Fixed Unit Price for one (1) base period and four (4) option years to procure Ship Service Diesel Engine

Generators used onboard the Coast Guard’s 87’WPB Class Cutters. The contract will be issued to one (1) contractor found to be most advantageous to the Government with the evaluation factors set forth in this solicitation.

Pricing must be submitted for ALL base and option years. If in the judgment of the offeror any addition(s) or deletion(s) or part number changes of the parts are required for replacement under this package, the Contracting

Officer must be notified in WRITING PRIOR TO THE CLOSING DATE OF THIS SOLICITATION. All prices on the CLINS below shall be a firm fixed price. Base Contract Line Item Numbers (CLINs) are marked as “D” for Definitive. Optional CLINS are marked “O” for Optional.

TRAVEL AND PER DIEM: In order to accomplish the work in the base period, travel and per diem will be determined for all personnel required to accomplish work items covered by this solicitation under the base period.

The proposed travel and per diem shall represent total compensation for employees’ transportation, lodgings, meals, and incidentals and shall not exceed on a daily basis the maximum rates as set forth in the Federal Travel

Regulations, the Joint Travel Regulation, and in the case of foreign travel, the Standardized Regulations.

(i) Federal Travel Regulations, prescribed by the General Services Administration, for travel in the conterminous 48 United States, is available on a subscription basis from the Superintendent of

Documents, U.S. Government Printing Office, Washington, DC 20402.

(ii) Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the

Department of Defense, for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and territories and possessions of the United States, is available on a subscription basis from the

Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

(iii) Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel

Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in by (i) and (ii) of this paragraph, is available on a subscription basis from the

Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

PERFORMANCE PERIOD: The performance period for this requirement includes one (1) base year and four

(4) option years. The base period of this requirement is a 12-month period that will start on or about 15 April

2013. The first option period, if exercised by the Government, is a 12-month period that will occur consecutively following the base period. The second option period, if exercised by the Government, is a 12-month period that will occur consecutively following the first option year. The third option period, if exercised by the Government, is a 12-month period that will occur consecutively following the second option year. The fourth option period, if exercised by the Government, is a 12-month period that will occur consecutively following the third option year.

INDIVIDUAL DELIVERY ORDERS: The individual delivery orders shall be issued for the supplies outlined in the below CLINS if and when requested by the Contracting Officer (or the authorized representative of the

Contracting Officer)

SOLICITATION NUMBER: HSCG40-13-R-11011 PAGE 5 OF 49

PRICING –BASE PERIOD (15 APRIL 2013- 14 APRIL 2014) The contractor shall perform all function necessary to provide the commercial items described herein. All manufacturing shall be included as per the scope of the CLINS. Manufacturing shall comply with all applicable Federal, State, and local law regulations, code and directives. *Note, unless otherwise stated, all prices below shall be a firm fixed price for one year and applicable years.

CLIN SCHEDULE OF

SUPPLIES/SERVICES

EST QTY U/I UNIT PRICE ESTIMATE

AMOUNT

001-O Provide two Ship Service

Diesel Generators (SSDGs) for the prototype evaluation period in accordance with section 3.0 and 3.3

2 EA $ $

002-O Provide onsite technical support during installation of initial (2) SSDGs in accordance with section 3.2 of the specification.

120 HOURS $ $

003-O Travel and per diem for onsite technical support during installation of initial (2)

SSDGs in accordance with section 3.2 of the specification.

1 JOB $ $

004-O Provide Ship Service Diesel

Generators for Base Year

32 EA $ $

TOTAL ESTIMATED AMOUNT $

SOLICITATION NUMBER: HSCG40-13-R-11011 PAGE 6 OF 49

PRICING –OPTION PERIOD ONE (15 APRIL 2014- 14 APRIL 2015): The contractor shall perform all function necessary to provide the commercial items described herein. All manufacturing shall be included as per the scope of the CLINS. Manufacturing shall comply with all applicable Federal, State, and local law regulations, code and directives. **Note, unless otherwise stated, all prices below shall be a firm fixed price for one year and applicable years.

EST QTY U/I UNIT PRICE ESTIMATE

AMOUNT

101-O Provide Ship Service Diesel

Generators (SSDGs) for

Option Year 1

34 EA $ $

PRICING –OPTION PERIOD TWO (15 APRIL 2015- 14 APRIL 2016) The contractor shall perform all function necessary to provide the commercial items described herein. All manufacturing shall be included as per the scope of the CLINS. Manufacturing shall comply with all applicable Federal, State, and local law regulations, code and directives. *Note, unless otherwise stated, all prices below shall be a firm fixed price for one year and

PRICING –OPTION PERIOD THREE (15 APRIL 2016- 14 APRIL 2017) The contractor shall perform all function necessary to provide the commercial items described herein. All manufacturing shall be included as per the scope of the CLINS. Manufacturing shall comply with all applicable Federal, State, and local law regulations, code and directives. *Note, unless otherwise stated, all prices below shall be a firm fixed price for one year and

PRICING –OPTION PERIOD FOUR (15 APRIL 2017- 14 APRIL 2018) The contractor shall perform all function necessary to provide the commercial items described herein. All manufacturing shall be included as per the scope of the CLINS. Manufacturing shall comply with all applicable Federal, State, and local law regulations, CLIN SCHEDULE OF

SUPPLIES/SERVICES

EST QTY U/I UNIT PRICE ESTIMATE

AMOUNT

201-O Provide Ship Service Diesel

Generators (SSDGs) for

Option Year 2

34 EA $ $

TOTAL ESTIMATED AMOUNT $

CLIN SCHEDULE OF

SUPPLIES/SERVICES

EST QTY U/I UNIT PRICE ESTIMATE

AMOUNT

301-O Provide Ship Service Diesel

Generators (SSDGs) for

Option Year 3

34 EA $ $

SOLICITATION NUMBER: HSCG40-13-R-11011 PAGE 7 OF 49

code and directives. *Note, unless otherwise stated, all prices below shall be a firm fixed price for one year and

TOTAL COST ESTIMATE

CONTRACT TYPE

This solicitation will result in the award of one (1) Requirements Contract with firm fixed unit prices. The estimates are not a representation to an offeror or contractor that the estimated quantity will be required or ordered. The U.S. Coast Guard Surface Forces Logistics Center, CPD C&P1, Patrol Boat Product Line, is the only contracting office authorized to place orders against this Contract.

EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized purchases actually made under this Contract. The quantities specified on this solicitation are only an estimate. The Government may order more or less depending on actual needs. Under this Contract, the Government is not obligated to purchase any items.

ORDERING

The U.S. Coast Guard will issue individual delivery order(s) for the supplies outlined in the CLINS above as authorized by the Contracting Officer or the authorized representative of the Contracting Officer. Individual

Delivery Orders will be placed on a Firm Fixed Price basis, based on the successful proposal for each CLIN in the base period and the following option years. Orders may be issued by mail, e-mail, facsimile, and orally

(followed up in writing).

EST QTY U/I UNIT PRICE ESTIMATE

AMOUNT

401-O Provide Ship Service Diesel

Generators (SSDGs) for

Option Year 4

34 EA $ $

TOTAL ESTIMATED AMOUNT $

PERIOD OF PERFORMANCE ESTIMATE AMOUNT

BASE PERIOD $

OPTION YEAR ONE $

OPTION YEAR TWO $

OPTION YEAR THREE $

OPTION YEAR FOUR $

SOLICITATION NUMBER: HSCG40-13-R-11011 PAGE 8 OF 49

SHIPPING

All supplies ordered under this Agreement shall be shipped to the following facility:

United States Coast Guard

Surface Forces Logistics Center

Bldg. 88

2401 Hawkins Point Rd

Baltimore MD, 21226-5000

M/F: Requirements Contract Number/Delivery Order Number

*The Coast Guard reserves the right to ship items on an emergency basis directly to other Coast Guard units IN and OUTCONUS. The Contracting Officer will negotiate delivery terms and conditions if and when the need arises.

CONTRACT ADMINISTRATION DATA

The Contracting Officer and Contract Administrator are located at the U.S. Coast Guard Surface Forces Logistics

Center, 300 East Main Street, Suite 600, Norfolk, VA 23501. The contracting officer of this requirement shall be

Kathryn E Stark, (757) 628-4588, kathryn.e.stark@uscg.mil . The contract administrator of this requirement shall be Shavonda Jamison, (757) 441-7036, shavonda.jamison@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 Representative acting within the limits of their 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.

GOVERNMENT REPRESENTATIVES

(a) The Government may, upon contract award or thereafter, name representatives with titles such as Project

Officer, Contracting Officer’s Representative(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.

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 required to state the terms and conditions or their standard commercial warranty in the space provided below and attaches a copy of the warranty terms with their proposal.

mailto:kathryn.e.stark@uscg.mil

SOLICITATION NUMBER: HSCG40-13-R-11011 PAGE 9 OF 49

CONTRACT CLAUSES

(1) FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (FEB

2012). Clause is incorporated in full text with tailoring as specified pursuant to FAR 12-302 (b).

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item: This is modified to read: FAR 52.246-2 Inspection of Supplies replaces this section

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at

FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113304 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137572

SOLICITATION NUMBER: HSCG40-13-R-11011 PAGE 10 OF 49

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—

Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central

Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes

Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the

Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or https://www.acquisition.gov/far/current/html/52_232.html#wp1153351 https://www.acquisition.gov/far/current/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1203358 https://www.acquisition.gov/far/current/html/Subpart%2033_2.html#wp1079912

SOLICITATION NUMBER: HSCG40-13-R-11011 PAGE 11 OF 49

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act;

41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

https://www.acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031290 https://www.acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031326 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+160+141++%2818%29%20%25 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+1574+51++%2840%29%20%20AND%20%28%2840%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t49t50+2+224++%2849%29%20%20AND%20%28%2849%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

SOLICITATION NUMBER: HSCG40-13-R-11011 PAGE 12 OF 49

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of

Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting

Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of

Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the

Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

(2) ADDENDUM FAR CLAUSE 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL

ITEMS (Feb 2012). FAR CLAUSE 52.212-4 is modified to add the following subparagraphs:

FAR CLAUSE 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Branch Chief, CPD1, and shall not be binding until so approved.

https://www.acquisition.gov/far/current/html/52_212_213.html#wp1203358 https://www.acquisition.gov/far/current/html/FormsStandard68.html#wp1189284 https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/far/current/html/Subpart%2032_8.html#wp1029202 https://www.acquisition.gov/

SOLICITATION NUMBER: HSCG40-13-R-11011 PAGE 13 OF 49

FAR CLAUSE 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 on or about 15 April 2013 or award date of the contract through 14 April 2018.

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

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

Schedule.

(End of Clause)

FAR CLAUSE 52.216-19 -- Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, 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 $5,000,000.00.

(2) Any order for a combination of items in excess of $10,000,000.00 or

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

30 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

FAR CLAUSE 52.216-21 – Requirements (Oct 1995) Alternate I (April 1984)

(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

SOLICITATION NUMBER: HSCG40-13-R-11011 PAGE 14 OF 49

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) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity’s requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may furnish within its own capabilities.

(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 14 APRIL 2018.

(End of Clause)

FAR CLAUSE 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days 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 5 years.

(End of Clause)

FAR CLAUSE 52.246-2 -- Inspection of Supplies -- Fixed-Price (Aug. 1996)

(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the

Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

SOLICITATION NUMBER: HSCG40-13-R-11011 PAGE 15 OF 49

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The

Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the

Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of…