OWS_Solicitation.docx

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 electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

TABLE OF CONTENTS

DESCRIPTION: PAGE(S)

Standard Form 1449 (SF1449) 1

Table of Contents 2 Addendum to Standard Form 1449:

Addendum to FAR Clause 52.212-4, Contract Terms and Conditions – 19-26 Commercial Items

FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement 27-33 Statutes or Executive Orders – Commercial Items

Addendum to FAR Clause 52.212-1, Instructions to Offerors – 34-40 Commercial Items

FAR Clause 52.212-2, Evaluation – Commercial Items 41

FAR Clause 52.212-3, Offeror Representations and Certifications – 32-56 Commercial Items

ATTACHMENTS:

Attachment I: USCG 270’ Medium Endurance Cutters and USCGC Eagle Specification for Procurement of Centrifugal Oily Water Separator System, Dated 6/24/15 Attachment II: SFLC Specification No. D-084-04811, Rev. B Preservation, Packaging, and Marking Attachment III: Past Performance Questionnaire

Addendum to Blocks 19 through 26 Schedule of Supplies and Services

TYPE OF CONTRACT

This is a firm, fixed price Requirements Type Contract with one (1) Base Year and four (4) Option Years. A Requirements Type Contract is defined in FAR Clause 52.216-21 (Oct 1995).

ORDERING

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 Medium Endurance Cutter Product Line (MECPL) (C&P1) 707 E. Ordnance Road, Suite 410 Baltimore, MD 21226 Refer to FAR Clause 52.216-18 Ordering, for additional information.

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 reflect the estimated quantities to be ordered for the Base and each Option Year.

BLOCKS 25 AND 26

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

PROPOSALS:

Failure to read the Specifications or contract in its entirety will not relieve the Contractor from the responsibility of adhering to contract requirements, including the delivery schedule.

All Contractors are responsible for verifying receipt of their proposals. Electronic submissions ARE acceptable. The SF-1449, as well as any Amendments to the Solicitation, must be completed and signed/dated by the Offeror. See Addendum to FAR 52.212-1 for additional Proposal Submission Instructions.

Pricing is required to be submitted on an F.O.B Destination basis, with all shipping costs for delivery to the Coast Guard in Baltimore, MD, included in the unit price of the item.

TRAVEL

Travel may be required to various cutter ports and Coast Guard facilities. The costs for transportation, lodging, meals and incidental expenses incurred by the Contractor’s personnel while performing any service under the resultant contract shall be reimbursed in accordance with Federal Travel Regulations, FAR Subpart 31.205-46 utilizing GSA Schedule Federal Per Diem Rates. (Note, a quotation for estimated travel expenses, including GSA per diem rates for the period and place of performance, may be requested prior to issuance of a delivery order that requires travel). Travel receipts shall be provided to the Contract Administrator with each invoice in accordance with FAR 31.205-46(a)(3)(iv).

The following cutter locations apply. Exact cutter identification and location will be provided on an individual basis upon issuance of a delivery order under the resulting contract.

For evaluation purposes only, offerors shall provide a total estimated cost of travel to/from the following locations:

Three (3) cutters are located in Boston, MA 02109 Estimated cost of travel: 1 trip (travel only to from the above location) $____________________

Two (2) cutters are located in Key West, FL 33040 Estimated cost of travel: 1 trip (travel only to from the above location) $____________________

Two (2) cutters are located in Kittery, ME 03804 Estimated cost of travel: 1 trip (travel only to from the above location) $____________________

Six (6) cutters are located in Portsmouth, VA 23703 Estimated cost of travel: 1 trip (travel only to from the above location) $____________________

The USCGC EAGLE is located in New London, CT 06320 Estimated cost of travel: 1 trip (travel only to from the above location) $____________________

Addendum to SF-1449, Block 20

SCHEDULE OF SUPPLIES AND SERVICES

Notes:

For evaluation purposes, CLINS X003, X004, and X005 shall reflect a cost for Labor and Materials (as applicable) only and “JOB” is defined as one (1), eight (8) hour day to complete the required tasks and travel to/from Baltimore, MD. Offerors are encouraged to propose additional days as deemed necessary for completing the tasks in the Specification. All offerors must provide a standard daily rate.

While unit prices must be included for all CLIN’s, the calculation of the Base Year and Option Year Totals should NOT include any CLIN’s with an estimated qty. of zero (0) for that year.

*NSP = Not Separately Priced Base Year

Daily Rate: $___________

Daily Rate: $___________

Daily Rate: $___________

NON Recurring Item On-Board Repair Parts (OBRP/Spare Parts List) with individual parts pricing, Section 3.4 of the Specification, for 270’ WMECS.

On-Board Repair Parts (OBRP/Spare Parts List) with individual parts pricing, Section 3.4 of the Specification, for USCGC EAGLE.

Spare Pasts List (shelf stock) with individual parts pricing, Section 3.4 of the Specification, for 270’ WMECS.

Spare Pasts List (shelf stock) with individual parts pricing, Section 3.4 of the Specification, for USCGC EAGLE.

Travel:

The daily rate for Commissioning Services, Training Services, and Technical Support Services shall include labor/materials only. The costs for transportation, lodging, meals and incidental expenses incurred by the Contractor’s personnel while performing field services or installation support shall be reimbursed in accordance with current Federal Travel Regulations, FAR Subpart 31.205-46, utilizing GSA Federal Per Diem Rates. A quotation for estimated travel expenses may be requested prior to issuance of an order that includes travel. All travel receipts shall be provided to the Contract Administrator with each invoice in accordance with FAR 31.205-46(a)(3)(iv). Invoices for travel that are submitted without the supporting receipts will be rejected. All travel must be authorized by the Contracting Officer in advance.

BASE YEAR TOTAL: $______________

First Option Year

Daily Rate: $___________

Daily Rate: $___________

Daily Rate: $___________

The daily rate for Commissioning Services, Training Services, and Technical Support Services shall include labor/materials only. The costs for transportation, lodging, meals and incidental expenses incurred by the Contractor’s personnel while performing field services or installation support shall be reimbursed in accordance with current Federal Travel Regulations, FAR Subpart 31.205-46, utilizing GSA Federal Per Diem Rates. A quotation for estimated travel expenses may be requested prior to issuance of an order that includes travel. All travel receipts shall be provided to the Contract Administrator with each invoice in accordance with FAR 31.205-46(a)(3)(iv). Invoices for travel that are submitted without the supporting receipts will be rejected. All travel must be authorized by the Contracting Officer in advance.

FIRST OPTION YEAR TOTAL: $_______________

Second Option Year

Daily Rate: $___________

Daily Rate: $___________

Daily Rate: $___________

The daily rate for Commissioning Services, Training Services, and Technical Support Services shall include labor/materials only. The costs for transportation, lodging, meals and incidental expenses incurred by the Contractor’s personnel while performing field services or installation support shall be reimbursed in accordance with current Federal Travel Regulations, FAR Subpart 31.205-46, utilizing GSA Federal Per Diem Rates. A quotation for estimated travel expenses may be requested prior to issuance of an order that includes travel. All travel receipts shall be provided to the Contract Administrator with each invoice in accordance with FAR 31.205-46(a)(3)(iv). Invoices for travel that are submitted without the supporting receipts will be rejected. All travel must be authorized by the Contracting Officer in advance.

SECOND OPTION YEAR TOTAL: $_______________

Third Option Year

Daily Rate: $___________

Daily Rate: $___________

Daily Rate: $___________

The daily rate for Commissioning Services, Training Services, and Technical Support Services shall include labor/materials only. The costs for transportation, lodging, meals and incidental expenses incurred by the Contractor’s personnel while performing field services or installation support shall be reimbursed in accordance with current Federal Travel Regulations, FAR Subpart 31.205-46, utilizing GSA Federal Per Diem Rates. A quotation for estimated travel expenses may be requested prior to issuance of an order that includes travel. All travel receipts shall be provided to the Contract Administrator with each invoice in accordance with FAR 31.205-46(a)(3)(iv). Invoices for travel that are submitted without the supporting receipts will be rejected. All travel must be authorized by the Contracting Officer in advance.

THIRD OPTION YEAR TOTAL: $_______________

Fourth Option Year

Daily Rate: $___________

Daily Rate: $___________

Daily Rate: $___________

The daily rate for Commissioning Services, Training Services, and Technical Support Services shall include labor/materials only. The costs for transportation, lodging, meals and incidental expenses incurred by the Contractor’s personnel while performing field services or installation support shall be reimbursed in accordance with current Federal Travel Regulations, FAR Subpart 31.205-46, utilizing GSA Federal Per Diem Rates. A quotation for estimated travel expenses may be requested prior to issuance of an order that includes travel. All travel receipts shall be provided to the Contract Administrator with each invoice in accordance with FAR 31.205-46(a)(3)(iv). Invoices for travel that are submitted without the supporting receipts will be rejected. All travel must be authorized by the Contracting Officer in advance.

FOURTH OPTION YEAR TOTAL: $_______________

CONTRACT TOTAL (BASE AND OPTIONS): $_______________________

PREPARATION FOR DELIVERY

PRESERVATION, PACKAGING, AND MARKING

All items shall be individually preserved, packaged, and marked in accordance with Attachment II, SFLC Specification No. D-084-0481, Rev. B.

All material shipped/ delivered to the Coast Guard under this contract shall be accompanied by an itemized packing list that also contains contract number and delivery order number. This list shall be attached to the outside of the final container in a waterproof envelope securely attached on side containing the marking, but not covering any of said marking.

MARKING OF WARRANTED ITEMS

Pursuant to the requirements of FAR Part 46.706(b)(5), the Contractor shall place a copy of its standard commercial warranty with each item. Warranty information shall include, at a minimum, (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. The contractor’s trade practice in external warranty marking of the overhauled motor is acceptable if sufficient information is presented for supply personnel and users to identify the supplies as warranted items.

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(a) (this clause shall take precedence for “inspections”) 52.246-16 Responsibility for Supplies Apr 1984

GOVERNMENT INSPECTION (DESTINATION)

The Contractor is responsible for performing, or having performed, all inspections and tests necessary to substantiate that the supplies furnished under this contract conform to contract requirements. The Coast Guard reserves the right to witness and or all tests performed, in accordance with Section 3.1.17 of the Specification.

A final visual inspection of the system shall take place at the U.S. Coast Guard Destination prior to final acceptance. All preservation, packaging, marking, and bar coding requirements shall be reviewed at this time. Any non-conformances will delay final acceptance and payment of any invoices submitted for the non-conforming supplies. Non-conforming supplies may be returned for correction at the contractor’s expense.

GOVERNMENT ACCEPTANCE (DESTINATION)

Final acceptance shall be made by a Government representative at Destination. For supplies, acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the individual preservation, packaging, and marking requirements as outlined in the Procurement Specification (Attachment I) and Specification D-084-0481, Rev. B (Attachment II).

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.

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

*Quantities will vary and shall be included on each individual delivery 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.

Offeror Proposed Delivery Schedule

* Quantities will vary and shall be included on each individual delivery order

(b) Attention is directed to the Contract Award provision of the Solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award 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 (DESTINATION)

All supplies in the Schedule shall be delivered to the following address, unless otherwise negotiated and approved by the Contracting Officer:

U.S. Coast Guard, SFLC 2401 Hawkins Point Road Receiving Room, Bldg. 88 Baltimore, MD 21226-5000

CONTRACT ADMINISTRATION DATA

ADDRESS OF CORRESPONDENCE

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

CONTRACT ADMINISTRATION

The Contracting Officer or an authorized representative, located at the U.S. Coast Guard, SFLC 707 E. Ordnance Road, Baltimore, MD 21226-5000, shall be the Contract Administrator of this Contract – Florence Harwood, PH: 410-762-6888, Email: florence.m.harwood@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) An original invoice shall be submitted to the payment office designated on each delivery order, and a copy shall be sent to the Contract Administrator.

In addition, the Data Universal Number System (DUNS) number is the primary identifier in the System for Award Management (SAM) Database. All contractors are identified in SAM 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.

Note: Contractors may submit invoices electronically by accessing and completing the invoice form found at: http://www.fincen.uscg.mil/electron_cgyard.htm, or by mail to: U.S. Coast Guard Yard, P.O. Box 4122, Chesapeake, VA 23327-4122, or by fax to: (757) 523-6906.

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.

PHONE NUMBER: _______________________

EMAIL ADDRESS: _______________________

WITHHOLDING PAYMENT FOR NONDELIVERY OF DATA (Apr 1984)

(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:

(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.

SPECIAL CONTRACT REQUIREMENTS

Any proposed Oily Water Separator System shall be certified in accordance with IMO Resolution MEPC 107.49, Revised Guidelines and Specifications for Pollution Prevention Equipment for Machinery Space Bilges of Ships AND approved by the U.S. Coast Guard (USCG) under USCG Approval Series Number 162.050 for Oil Pollution Prevention Equipment.

Award will not be delayed to allow any offeror additional time to become certified or approved.

Award will be made on an ALL OR NONE basis.

REQUIRED STANDARD OF WORKMANSHIP

Unless otherwise specifically provided in this Contract, the quality of all supplies rendered hereunder shall conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies 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 Medium Endurance Cutters Product Line, C&P1 707 E. Ordnance Road, Suite 410 Baltimore, MD 21226-5000

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.

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

(a) The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer’s Technical Representative acting within the limits of his/her authority. A Contracting Officer’s Technical Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

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

FAR 52.204-1 APPROVAL OF CONTRACT (Dec 1989) This Contract is subject to the written approval of the U.S. Coast Guard Surface Forces Logistics Center, Contracting and Procurement Division 1, MECPL, Section Chief and at one-level above the Contracting Officer, and shall not be binding until so approved.

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY 2015)

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.

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORMM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (Jul 2013)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” 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).

(b) The offeror [___] has [___] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

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 covered by this contract in an amount of less than $0.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies under the contract.

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

(1) Any order for a single item in excess of $115,000.00.

(2) Any order for a combination of items in excess of $565,000.00.

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

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 extend the term of this contract by written notice to the Contractor within one (1) calendar day prior to the expiration of this Contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

FAR 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

CONTRACTOR PERFORMANCE EVALUATION

Contractor Performance Assessment Report (CPAR)

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

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

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

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

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)

3052.209-79 REPRESENTATION BY CORPORATIONS REGARDING A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW OR UNPAID FEDERAL TAX LIABILITY (FEB 2014) (DHS FAR CLASS DEVIATION 14-02)

(a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that:

(1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the…