HSCG40-16-Q-11009_Combined_Synopsis_Solicitation.pdf

Commander

U.S. Coast Guard

Surface Forces Logistics Center

CPD-C&P1-PBPL

2401 Hawkins Point Road, M/S 25 (Lower Level Bldg. 31)

Baltimore, MD 21226

REQUEST FOR QUOTE

HSCG40-16-Q-11009

TRIVEC-AVANT ATENNAS

TABLE OF CONTENTS

DESCRIPTION PAGE NUMBER

SF 18, Request for Quotation 02

Schedule of Supplies or Services 04

Description of Requirement 05

Delivery Schedule 06

Quote Submission 08

Contract Administration Data 39

Warranty 40

Order Documents/Exhibits and/or Attachments

Contractor Pricing and CLIN List

Justification for Other than Full and Open Competition

Proposed Delivery Schedule

J&A Redacted

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET

ASIDE

PAGE

OF PAGES

1. REQUEST NO.

2. DATE ISSUED

07/20/2016

3. REQUISITION/PURCHASE REQUEST NO.

2115405B4200DJ0017

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY

UNITED STATES COAST GUARD, SURFACE FORCES LOGISTICS CENTER, CONTRACTING &

PROCUREMENT DIV. (C&P1-PBPL), 2401 HAWKINS POINT RD., M/S 25 (BLDG.711), BALTIMORE, MD 21226-5000

6. DELIVERY BY (Date)

December 02, 2016

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

7. DELIVERY

FOB DESTINATION OTHER (See

Schedule) NAME

Micha Wisniewski

CONTRACT SPECIALIST

Micha.A.Wisniewski@uscg.mil

TELEPHONE NUMBER

9. DESTINATION

AREA CODE

(410)

NUMBER

762-6651

8. TO:

a. NAME OF CONSIGNEE

U.S. COAST GUARD YARD

a. NAME

b. COMPANY

b. STREET ADDRESS

2401 HAWKINS POINT ROAD

c. STREET ADDRESS

c. CITY

BALTIMORE

d. CITY

e. State

f. ZIP CODE

d. STATE

MD

e. ZIP CODE

21226-5000

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING

OFFICE IN BLOCK 5A ON OR BEFORE CLOSE OF BUSINESS

(Date)

08/03/2016

2:00 PM, EDT

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the

Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(F)

Antenna, MILSATCOM RADOME 240-20 MHz

(with GORE protective vent) OEM Part

Number (PN) AV 2098-143, NSN 5985-01-477-

Control, Antenna (Remote for P/N: AV 2098-143

OEM Part Number (PN) AV 2098-159, NSN

5985-01-615-4612

Antenna, UHF High LOS 764-870 MHz; OEM

Part Number (PN) AV 447-1-90; NSN 5985-01-

598-9087

Antenna, VHF-FM 30-512 MHz; OEM Part

Number (PN) AV 457-6-90; NSN 5985-01-615-

Antenna, UHF 225-520 MHz, OEM Part Number

(PN) AV 457-9W, NSN 5985-01-599-6868

Each

12. DISCOUNT FOR PROMPT

PAYMENT:

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

16. SIGNER

b. STREET ADDRESS

a. NAME (Type or print) b. TELEPHONE

c. COUNTY

AREA CODE

d. CITY e. STATE f. ZIP CODE

c. TITLE (Type or print)

NUMBER

Previous Edition not usable STANDARD FORM 18 (Rev 6-95)

Prescribed by GSA – FAR 48 (CFR) 53.215-1(a) mailto:jennifer.r.blount@uscg.mil

COMBINED SYNOPSIS/SOLICITATION NUMBER

HSCG40-16-Q-11009 - TRIVEC-AVANT ATENNAS

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. 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:

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD (CG-91)

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

EMAIL: OPAP@uscg.mil

Fax: 202-372-8447

Phone: 202-475-5786

More information about the Ombudsman Program for Agency Protests (OPAP) can be found at http://www.uscg.mil/acquisition/business/ombudsman.asp

Alternative Point of Contact:

United States Coast Guard Surface Forces Logistics Center

Contracting Officer: Jennifer Lucas

2401 Hawkins Point Rd.

Baltimore MD 21226

Email: Jennifer.B.Lucas@uscg.mil http://www.uscg.mil/acquisition/business/ombudsman.asp mailto:Jennifer.B.Lucas@uscg.mil

CONTINUATION OF STANDARD FORM (SF) 18 – BLOCKS 11 - 13

(1) Blocks 11 (a) through 11 (f): SEE SCHEDULE OF SUPPLIES/SERVICES BELOW.

(2) Block 13a: Contractor shall include DUNS number.

REQUEST FOR QUOTE

ALL CONTRACTORS ARE RESPONSIBLE FOR VERIFYING RECEIPT OF THEIR QUOTES.

The USCG SFLC has a requirement on a Brand Name basis to procure various antennas manufactured by Trivec-Avant (COBHAM) for USCG Cutters: WPC-154, WMEC-282, WTGB-140, NSC- 402

(WMSL-750).

CLIN Nomenclature OEM Part

Number

National Stock

Number

QTY

0001 Antenna, MILSATCOM RADOME 240-

20 MHz (with GORE protective vent)

AV 2098-143 5985-01-477-9187 05

0002 Control, Antenna (Remote for P/N: AV

2098-143)

AV 2098-159 5985-01-615-4612 05

0003 Antenna, UHF High LOS 764-870 MHz

AV 447-1-90 5985-01-598-9087 05

0004 Antenna, VHF-FM 30-512 MHz

AV 457-6-90 5985-01-615-4605 05

0005 Antenna, UHF 225-520 MHz

AV 457-9W 5985-01-599-6868 30

REQUIRED DOCUMENTS: Each quoter shall furnish the information required by the solicitation, which includes:

1. Signed SF 18 with quoter’s address, DUNS and other information completed.

2. Price Schedule filled out with a cost associated with each CLIN, see SF 18 Block 11

3. Delivery Schedule filled out

4. Copy of Warranty Terms

SUBMISSION OF QUOTES: All quotes shall be submitted via email by 03 August, 2016, at 2:00 PM

Eastern Daylight Time (EDT). Please allow enough delivery time to account for any computer related issues.

QUESTIONS: The last day to ask questions regarding this solicitation is 3 day prior to the closing date of this solicitation. All questions shall be submitted by e-mail to Micha Wisniewski, Contract Specialist, at Micha.A.Wisniewski@uscg.mil. After this date further requests may not be accepted due to time constraints. Keep in mind that any questions that are important, such as those that create needed changes to the specification, will still be addressed regardless of the time it was received during the solicitation period. A determination will be made as to whether the change dictates an extension to the solicitation closing date and deadline for questions.

AWARD: Upon completion of evaluation, a delivery order will be issued via Optional Form (OF) 347 via e-mail.

COMBINED SYNOPSIS/SOLICITATION NUMBER

HSCG40-16-Q-11009 - TRIVEC-AVANT ATENNAS

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement will be satisfied using FAR Part 13.5, Simplified Procedures for Certain

Commercial Items.

II. This solicitation is a request for quotations (RFQ). Solicitation Number HSCG40-16-Q-11009 is assigned to this procurement for tracking purposes only.

III. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular FAC

2005-89.

IV. All responsible sources may submit a quotation which shall be considered by the agency. The North

American Industry Classification System Code is 334220 with a small business size standard of 1,250.

This combined synopsis/solicitation is being issued as unrestricted.

V. A list of the contract line item numbers to be acquired can be found under Attachment 1, Contractor

Pricing and CLIN List. Insert unit prices for all CLINs listed in the Schedule.

VI. DESCRIPTION OF THE REQUIREMENT

The contract will be issued to one (1) offeror, capable of successfully supplying OEM parts, found to be the lowest price technically acceptable as described below. To assure proper Form, Fit and Function and be compatible and interchangeable with existing parts, only Original Equipment Manufacturer (OEM) parts shall be used. Items submitted under this solicitation which are other than OEM parts will be rejected as unacceptable.

The USCG SFLC has a requirement on a Brand Name basis to procure various antennas manufactured by Trivec-Avant (COBHAM) for USCG Cutters: WPC-154, WMEC-282, WTGB-140, NSC- 402

(WMSL-750).

CLIN Nomenclature OEM Part

National Stock

Number

QTY

0001 Antenna, MILSATCOM RADOME 240-

20 MHz (with GORE protective vent)

AV 2098-143 5985-01-477-9187 05

0002 Control, Antenna (Remote for P/N: AV

2098-143)

AV 2098-159 5985-01-615-4612 05

0003 Antenna, UHF High LOS 764-870 MHz

AV 447-1-90 5985-01-598-9087 05

0004 Antenna, VHF-FM 30-512 MHz

AV 457-6-90 5985-01-615-4605 05

0005 Antenna, AV 457-9W 5985-01-599-6868 30

Contract Type: The USCG, Surface Forces Logistics Center (SFLC) intends to award a single firm fixed-price contract.

VII. DELIVERY

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

(a) The Government requires delivery to be made by 02 December 2016 for all items listed below. The offeror shall use Proposed Delivery Schedule to propose and alternate delivery schedule.

The Government will evaluate equally, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

REQUIRED DELIVERY SCHEDULE

CLIN Nomenclature OEM Part Number National Stock

QTY Deliver On or Before

0001 Antenna, MILSATCOM

RADOME 240-20

MHz (with GORE protective vent)

AV 2098-143

MFG Name: TRIVEC-

AVANT Corp

5985-01-477-9187 05 each

02 December 2016

0002 Control, Antenna

(Remote for P/N: AV

2098-143)

AV 2098-159

MFG Name: TRIVEC-

AVANT Corp

5985-01-615-4612 05 each

02 December 2016

0003 Antenna, UHF High LOS 764-

870 MHz

AV 447-1-90

MFG Name: TRIVEC-

AVANT Corp

5985-01-598-9087 05 each

02 December 2016

0004 Antenna, VHF-FM 30-512

MHz

AV 457-6-90

MFG Name: TRIVEC-

AVANT Corp

5985-01-615-4605 05 each

02 December 2016

0005 Antenna, UHF 225-520 MHz

AV 457-9W

MFG Name: TRIVEC-

AVANT Corp

5985-01-599-6868 30

02 December 2016

(b) The delivery dates or specific periods above are based on the assumption that the Government will make award by 19 August 2016. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded. 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. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. Proposed Delivery Schedule shall be used to proposed alternate delivery time by the offeror.

PROPOSED DELIVERY SCHEDULE

CLIN Nomenclature OEM Part Number National Stock

Number

QTY Deliver On or Before

(Fill in)

0001 Antenna, MILSATCOM

RADOME 240-20

MHz (with GORE protective vent)

AV 2098-143

MFG Name: TRIVEC-

AVANT Corp

5985-01-477-9187 05

0002 Control, Antenna

(Remote for P/N: AV

2098-143)

AV 2098-159

MFG Name: TRIVEC-

AVANT Corp

5985-01-615-4612 05

0003 Antenna, UHF High LOS 764-

870 MHz

AV 447-1-90

MFG Name: TRIVEC-

AVANT Corp

5985-01-598-9087 05

0004 Antenna, VHF-FM 30-512

MHz

AV 457-6-90

MFG Name: TRIVEC-

AVANT Corp

5985-01-615-4605 05

0005 Antenna, AV 457-9W

MFG Name: TRIVEC-

AVANT Corp

5985-01-599-6868 30

PLACE OF DELIVERY – F.O.B DESTINATION

(A) All data submissions shall be delivered to the following address:

U.S. Coast Guard Surface Forces Logistics Center

Contracting and Procurement Branch 1/PBPL

2401 Hawkins Point Road

Baltimore, MD 21226

Attn: Micha Wisniewski (Micha.A.Wisniewski@uscg.mil)

Contract Number: HSCG40-16-D-11009

(B) All Parts and components shall be delivered to the following address:

U.S. Coast Guard Surface Forces Logistics Center

Contracting and Procurement Branch 1

2401 Hawkins Point Road

Baltimore, MD 21226

Contract Number: HSCG40-16-D-11009

The Government reserves the right to request Direct Delivery.

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

VIII. FAR 52.212-1, INSTRUCTIONS AND NOTICE TO OFFERORS – COMMERCIAL ITEMS

(Oct 2015) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE.

(Addendum)

QUOTE SUBMISSION

Vendors shall submit an electronic copy of your firm’s signed and dated quote to Micha Wisniewski at

Micha.A.Wisniewski@uscg.mil, no later than 03 August, 2016 by 2:00 PM EDT. All submissions shall include HSCG40-16-Q-11009 in the subject line of the email. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation. Late submissions will not be accepted.

As a minimum, offers must show:

(1) The solicitation number HSCG40-16-Q-11009

(2) The Company Name, DUNS Number, Solicitation Number, Company Address and Point of Contact

Name, Telephone Number and E-mail Address

(3) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(4) Warranty Information - Standard Manufacturer’s Warranty, see Warranty section of this solicitation

(5) Price and any discount terms; Pricing must be submitted for each CLIN. All prices on CLINs

(Attachment 1) shall be a firm fixed-price and shall indicate FOB Destination as referenced in FAR

52.247-34. *Note CLIN QUOTE shall state pricing as per published price catalog noting any special discount offered. The total of all CLINS shall be added together to arrive at an aggregate total.

(6) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(7) Acknowledgment of Solicitation Amendments;

(8) Offerors are required to submit verification in the form of a letter from the OEM; or any other written confirmation fully demonstrating that they have the capability of procuring and distributing the required OEM parts.

All quotes submitted in response to this solicitation shall stand firm for 60 calendar days from the response date of this solicitation.

DHS NOTICE TO OFFERORS

It is DHS policy that pricing for competitive negotiations should be based on adequate price competition.

However, in the event only one responsible offeror is obtained as a result of this solicitation, that offeror may be required to submit Other than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations.

mailto:Micha.A.Wisniewski@uscg.mil

IX. FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the RFQ is the Lowest Price Technically Acceptable (LPTA) quote. The lowest price quote will be evaluated on technical acceptability. If it is found to be acceptable, an award will be made.

If it is found to be unacceptable, the next lowest price will be evaluated. This process will continue until a technically acceptable offer is identified; not all offers will be evaluated. The following factors shall be used to evaluate offers:

Factor 1 - Technical

Factor 2 – Past Performance

Factor 3 – Cost/Price

Technical Evaluation Certification: In order to be determined technically acceptable offerors must complete the below certification and submit documentation verifying that they are able to provide the repairs.

“I HEREBY CERTIFY ON BEHALF OF _________________________________ (Insert offeror name), THAT ALL PARTS PROVIDED UNDER THIS CONTRACT SHALL BE NEW GENUINE OEM

PARTS.”

NAME OF AUTHORIZED CORPORATE OFFICER

TITLE

DATE

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

The Government intends to evaluate quotations and award a contract without discussions. Therefore, the initial quotation should contain the vendor’s best terms from a cost standpoint and all other factors being considered. The Government reserves the right to seek information clarifying any element of a quotation prior to award without discussions. The Government reserves the right to conduct discussions if the

Contracting Officer later determines it necessary.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Definitions. As used in this provision—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative

Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Offeror has entered all mandatory information, including the DUNS number or the

DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the

SAM database; and

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and

Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the

United States; or http://fedgov.dnb.com/webform

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the

Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

X. Offerors must include a completed copy of the provision at FAR 52.212-3 OFFEROR

REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (MAR 2015) with its offer.

XI. FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERICIAL ITEMS (DEC

2014) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE.

Addendum

FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006)

https://www.acquisition.gov/

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from

Jennifer Lucas

Address: U.S. Coast Guard Surface Forces Logistics Center

CPD C&P1 PBPL

2401 Hawkins Point Road

Baltimore MD, 21226

(b) The copy of any protest shall be received in the office designated above within (1) one day of filing a protest with the GAO.

3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION

OF COMMERCIAL ITEMS (SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

__X__ 3052.209-72 Organizational Conflicts of Interest.

_____ 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment

Clause.

_____ 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor

Protégé Program.

(b) Clauses.

__X__3052.203-70 Instructions for Contractor Disclosure of Violations.

_____3052.204-70 Security Requirements for Unclassified Information Technology Resources.

_____3052.204-71 Contractor Employee Access.

_____ Alternate I

_____3052.205-70 Advertisement, Publicizing Awards, and Releases.

_____3052.209-73 Limitation on Future Contracting.

_ X _3052.215-70 Key Personnel or Facilities: Program Manager

_____ 3052.216-71 Determination of Award Fee.

_____ 3052.216-72 Performance Evaluation Plan.

_____ 3052.216-73 Distribution of Award Fee.

_____ 3052.217-91 Performance. (USCG)

_____ 3052.217-92 Inspection and Manner of Doing Work. (USCG)

_____ 3052.217-93 Subcontracts. (USCG)

_____ 3052.217-94 Lay Days. (USCG)

_____ 3052.217-95 Liability and Insurance. (USCG)

_____ 3052.217-96 Title. (USCG)

_____ 3052.217-97 Discharge of Liens. (USCG)

_____ 3052.217-98 Delays. (USCG)

_____ 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair.

_____ 3052.217-100 Guarantee. (USCG)

_____ 3052.219-70 Small Business Subcontracting Plan Reporting.

_____ 3052.219-71 DHS Mentor Protégé Program.

_____ 3052.228-70 Insurance.

_____ 3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)

_____ 3052.228-91 Loss of or Damage to Leased Aircraft. (USCG) http://www.arnet.gov/far/current/html/Subpart%2031_1.html#wp1089550

_____ 3052.228-92 Fair Market Value of Aircraft. (USCG)

_____ 3052.228-93 Risk and Indemnities. (USCG)

_____ 3052.236-70 Special Provisions for Work at Operating Airports.

__X__3052.242-72 Contracting Officer’s Technical Representative.

_____ 3052.247-70 F.o.B. Origin Information.

_____ Alternate I

_____ Alternate II

_____ 3052.247-71 F.o.B. Origin Only.

__ X _ 3052.247-72 F.o.B. Destination Only.

(End of clause)

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 the acquisition described in subsection

(b)(1) of Section 835 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 3009.104-70 through 3009.104-73;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, 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 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74.

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

XII. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders - Commercial Items (Jun 2016)

(a) to acquisitions of commercial items:

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

_X__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553

(b) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-

78 (19 U.S.C. 3805 note)).

The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable of Pub L. 111-5) (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of

Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.

13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and

13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513).

___ (43) 25.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and

112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

_X__ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X__ (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul

2013) (31 U.S.C. 3332).

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract

(except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter

78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements

(May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014)

(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

XIII. ADDITIONAL CONTRACT REQUIREMENTS

FAR 52.252-2 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at http://farsite.hill.af.mil/.

FEDERAL ACQUISITION REGULATION (48 CFR, Chapter 1) Clauses

CLAUSE TITLE DATE

52.202-1 Definitions Nov 2013

52.203-6 Restrictions on Subcontractor Sales to the Government Sep 2006

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

Apr 2014

52.212-4 Contract Terms and Conditions – Commercial Items May 2015

(FAC 2005-82)

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

52.243-1 Changes -- Fixed Price Aug 1987

52.246-1 Contractor Inspection Requirements Apr 1984

52.246-2 Inspection of Supplies – Fixed-Price Aug 1996

52.246-16 Responsibility for Supplies Apr 1984

FAR 52.252-6 – AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Contractor Employee Whistleblower Rights and

Requirement to Inform Employees of Whistleblower Rights. 52.203-17 clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS (APR 2016)

The…