Telephonics-CombSynopSoln-REV_1.doc

SOLICITATION NO. HSCG44-13-R-PBA043

TYPE: COMBINATION

SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested; a written solicitation will not be issued.

The solicitation number HSCG44-13-R-PBA043 is issued as Request for Proposals (RFP) on a limited competition basis with the authorized Original Equipment Manufacturer (OEM), Telephonics Corporation, Inc., in support of the U.S. Coast Guard (USCG) Aviation Logistics Center, Medium Range Surveillance (MRS) Aviation Program, Elizabeth City, NC 27909-5001. The North American Industry Classification System (NAICS) code is 33451, Navigational, measuring, electrometrical, and control instruments manufacturing. The small business size standard is 750 employees.

This solicitation incorporates provisions and clauses are in effect through Federal Acquisition Circular 2005-69. This contract will be awarded as a firm-fixed-price (FFP) contract.

Offerors must submit prices for the contract line item number(s) (CLINs) identified below in order to be considered for award. The USCG intends to negotiate and award to the authorized OEM (Original Equipment Manufacturer) based on FAR 6.302-1:

CLIN 0001: One (1) – LO - Radar Integration Bench (RIB) for the APS-143C(V)3

The system (RIB) is to be shipped FOB Destination, to the USCG, Aviation Logistics Center, Medium Range Surveillance (MRS) Contracting Section, Elizabeth City, NC 27909-5001. Packaging and marking will be accordance with ASTM D 3951-98 (11/10/98).

CLIN 0002: One (1) – LS – OJT Training. The Contractor shall provide on-site, On the Job Training (OJT) for the RIB System, including fault detection and ship repair unit (SRU) replacement. Training shall not exceed 5 working days.

CLIN 0003: One (1) LO – Deliverables. The Contractor shall provide manuals for students when conducting On the Job Training (OJT) for the RIB System. Manuals shall include operation instruction for the RIB as well as fault detection and System Repair Unit (SRU) replacement.

CLIN 0004: One3 (1) – LS – Warranty. The contract shall provide a one-year, commercial warranty for the Radar Integration Bench (RIB). Warranty shall commence after final inspection and at the time of installation and expire one-year thereafter.

The RIB shall repackage the APS-143C (V) 3 hardware and software. The RIB replicates the functional capabilities of the actual radar system that exists on the HC-144A Ocean Sentry Maritime Patrol Aircraft. There will be Initial Inspection and Acceptance (I&A) and final I&A of the product/system. Initial I&A shall consist of delivery at the F.O.B. site. The government shall inspect the item for initial and final product/system compliance. All product/system deficiencies shall be corrected at no additional cost to the government prior to final acceptance/ I&A by the government.

The U.S. Coast Guard Aircraft Logistic Center shall provide a suitable Laboratory work area, power sources and cooling air supply for the Contractor to use in the testing procedures of the RIB. Electrical specifications are as follows:

· 115VAC, 400 HZ/3 Phase electrical power at the maintenance facility for the RIB;

· U.S. Standard electrical power (for the test equipment) and a workbench/area.

Note 1: During the support phase and throughout the warranty phase (1 year), the designated Contracting Officer’s Representative (COR), located at the U.S. Coast Guard Base, Elizabeth City, NC, will report all RIB failures to the Contractor. The COR will coordinate Contractor access and provide adequate space for an O-Level maintenance facility, for inventory of spares.

Note 2: The COR’s name and contact information shall be set forth in the award document.

Offerors must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offers – Commercial Items, applies to this acquisition. Addendum to FAR 52.212-2, Paragraph (g): Award will be made to the lowest priced, responsive, responsible Offeror whose technical and pricing submission conforms to the RFP.

FAR 52.212-4, Contract Terms and Conditions – Commercial Items is incorporated by reference. The resulting contract will be firm fixed price (FFP).

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Items, applies to this acquisition; Offers are due not later than 18 September 2013, 2:30PM (EST) to the USCG C4IT Service Center, 4000 Coast Guard Blvd., Attn: Gwendolyn B. Scott, Contracting Officer, Portsmouth, VA 23703. Electronic offers are acceptable and may be forwarded to the Contracting Officer, Gwendolyn B. Scott, at Gweldolyn.B.Scott@uscg.mil.

Responses to this RFP may be submitted on company letterhead stationery and must include pricing, Payment terms are to be specified and any discount offered for prompt payment, the business size standard and any minority classification; and delivery date. All Offerors shall have a valid Vendor Cage Code, Dun & Bradstreet Number (DUNS) or the ability to get one, and MUST be actively registered in the System for Award Management (SAMS) throughout the award of the contract.

A hard copy of solicitation and amendments will NOT be mailed to contractors.

Offerors must acquaint themselves with the new regulations concerning Commercial Item Acquisition contained at FAR Subpart 12 and must ensure that all Representations and Certifications are executed and returned in the synopsis/solicitation package in accordance with FAR Part 52.212-3.

The full text of the referenced FAR clauses may be accessed electronically at:

http://www.acqnet.gov/far Technical proposal – Contractor shall submit a technical proposal, which sets forth the proposed technical solution/approach. The Contractor’s technical solution/approach shall be evaluated for the quality and performance characteristics of the Radar Integration Bench (RIB). Also, its ability to perform regressing testing on the existing APS-143C(V)3 software in the USCG’s laboratory environment. (See Factor 1, Technical, in the SOW).

Past Performance - (See Factor 2, Past Performance, in the SOW).

Pricing Proposal –Contractor shall submit a firm fixed price proposal, inclusive of all required labor, materials and other direct costs (ODCs) to manufacture and deliver CLIN 0001: One (1) – LO - Radar Integration Bench (RIB) for the APS-143C (V) 3, CLIN 0002: One (1) – LS – Training, CLIN 0003 – One (1) – LO – Deliverables, and CLIN 0004: One (1) – LS – Commercial Warranty (1 Year).

CONTRACT LINE ITEM NUMBER REQUIREMENTS:

The Radar Integration Bench (RIB) shall repackage the APS-143C (V) 3 hardware and software into a system for use in the lab environment. This product/system shall be delivered to the USCG, Aviation Logistics Center, Medium Range Surveillance (MRS) Contracting Section, Elizabeth City, NC 27909-5001.

This system shall replicate the functional capabilities of the actual radar system as it exists for the APS-143C(V)3 Maritime Surveillance Radar(s). Prior to final inspection and acceptance of equipment, the system shall be fully tested at the Government point of acceptance (e.g., lab). Testing performance may be witnessed by the Contractor. As a minimum, testing of the RIB shall be fully compliant with the following standards: 1) the American National Standards Institute (ANSI), 2) the Electromagnetic Interference (EMI); and 3) Electromagnetic Compatibility (EMC) standards for Commercial off the Shelf (COTS) Items.

Commercial standards shall be applied to the final inspection phase of the deliverable(s). Upon successful completion of baseline testing, the government shall issue final inspection and acceptance of the product/system.

LIMITATIONS/CONSTRAINTS:

Due to the nature and timeframes surrounding this procurement, the government requires Contractor personnel attending and commenting on the controlled Acceptance Test Procedure (ATP) to be intimately familiar with the design and product/system of the RIB for the APS-143C (V)3.

GOVERNMENT FURNISHED EQUIPMENT:

The U.S. Coast Guard Aircraft Logistic Center shall provide a suitable Laboratory work area, power sources and cooling air supply for the Contractor to use in the testing procedures of the RIB. Electrical specifications are as follows:

· 115VAC, 400 HZ/3 Phase electrical power at the maintenance facility for the RIB;

· U.S. Standard electrical power (for the test equipment) and a workbench/area.

Note: During the Support phase and throughout the warranty phase (1 year), the U.S. Coast Guard Base, Elizabeth City, NC, will report all RIB failures to the Contractor. The USCG will coordinate Contractor access and provide adequate space for O-Level maintenance at the laboratory facility, and to store inventory of spares.

ADDRESS FOR CORRESPONDENCE:

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

Contracting Officer, Attn: Gwendolyn B. Scott C3CEN, C4IT Service Center, 4000 Coast Guard Blvd.

Portsmouth, VA 23703

INSPECTION AND ACCEPTANCE:

RIB System Acceptance:

This contract shall have two phases of Inspection and Acceptance. Initial and final.

Initial Inspection and Acceptance shall be the actual delivery of the product/system/system. Thereafter, within 30 days, the government shall proceed to Final Inspection and Acceptance.

PERIOD OF PERFORMANCE:

The period of performance shall not exceed twelve (12) months from the date of award.

SHIPPING INSTRUCTIONS:

Deliverables shall be shipped FOB destination to the following address:

U.S. Coast Guard Aircraft Logistic Center Receiving Section, Building 63 Elizabeth City, NC 27909 MARK FOR: (to be provided at time of award).

DELIVERY SCHEDULE:

The Government desires delivery of the RIB no later than thirty (30) calendar days after the date of award.

In the event there is a deficiency, prior to final acceptance, the contractor shall have fifteen (15) business days to correct the deficiency. All product/system/equipment deficiencies shall be corrected at no additional cost to the government. Upon redelivery, the government shall retest the product/system/equipment, using the same QA and ATP commercial standard test procedures. If the product/system/equipment is deemed in compliance with the stated procedures, final acceptance will constitute acceptance of the product/system. If deficiencies remain, the inspection and correction process shall continue until all deficiencies are corrected. At any phase of the delivery/inspection process, the contractor may propose an earlier delivery. The contractor's proposed earlier delivery schedule will then be the required delivery schedule for the contract.

MATERIAL SYSTEM REQUIREMENTS: The Contractor shall provide a list of spare parts considered to be of appropriate type and critical in nature to be stored at the laboratory in Elizabeth City, NC. This list shall be submitted for approval with the technical proposal.

STATEMENT OF WORK (SOW):

1.0 BACKGROUND:

The Engineering Services Divisions (ESD), Mission Support Sustainment Lab’s (MSSL) primary mission is to provide engineering, avionics, human machine interface, and integrated logistics support to HC-144A aircrafts of the U.S. Coast Guard. MSSL support includes all tasks associated with support of the CG aviation mission requirements and product/system line technical support and has recently evolved to act as the C4ISR interface between aviation and surface to shore communities.

2.0 SCOPE:

In an effort to ensure MSSL’s current project support requirements, the USCG requires a RIB to conduct software/hardware regression testing for the APS-143C (V)3 Maritime Surveillance Radar(s). This product/system/system ensures new or patched software builds are suitable for installation on USCG HC-144A Ocean Sentry Maritime Patrol Aircraft.

1. RIB Unit Product/system.

The Contractor shall manufacture and deliver one RIB system to the USCG.

1.1.1 Initial Acceptance –Conducted at the time of delivery of the RIB at F.O.B., at destination. Initial acceptance is conducted to ensure the equipment/parts are unbroken and that the piece is capable of internal inspection. The COR shall sign off for initial acceptance of the equipment.

1.1.1.1. Final Acceptance –Conducted in the laboratory environment. Government representatives at the MSS in Elizabeth City, NC, shall test the RIB in the laboratory. Testing shall be in accordance with USCG QA and ATP standards. Upon successful completion of testing compliance procedures, the government shall accept the equipment. The COR shall then sign off for final acceptance.

1.1.2. Training.

The Contractor shall provide On the Job Training (OJT) for use and operation of the RIB System. Training shall include fault detection and SRU replacement. Training shall not exceed 5 working days. It is envisioned that Coast Guard personnel will perform initial problem resolution with phone support, followed by contractor on-site support when specific unresolved RIS evaluations are being conducted.

1.1.3. Government Furnished Facilities and Support.

The Coast Guard will provide a suitable Laboratory work area, located at the USCG Base, Elizabeth City, NC, power sources and cooling air supply. During the Warranty period, the Coast Guard will report all RIS failures to the Contractor. The Coast Guard will coordinate Contractor access to the base and provide adequate space for an O-Level Maintenance Facility, for the inventory of spares.

The Coast Guard will provide the following:

115VAC, 400 Hz, /3 Phase electrical power at the maintenance facility for the RIS US Standard electrical power (for test equipment) and a workbench/area.

1.2. Program Management and Administrative Support.

Technical documentation:

· RIB Product/system Description User’s Manuals

· Wiring Diagrams

· List of suggested Software/Hardware.

2. EVALUATION CRITERIA

The Vendor has up to ten (10) days from the date of award to submit a proposal in response to this request. Award will be made to the vendor that offers the Best Value to the Government, cost and other factors considered. Past performance and experience will be evaluated as to the areas of quality, timeliness, and customer satisfaction, and business practices.

Definitions:

The following Federal Acquisition Regulations (FAR) and Homeland Security Acquisition Regulation (HSAR) Provisions and Clauses apply:

52.212-1 Instructions to Offerors-Commercial Items. (Jul 2012) 52.212-2 Evaluation - Commercial Items (Jan 1999) Evaluation Factors: The Coast Guard intends to award one contract to the Contractor whose proposal is identified as offering the best value solution. The best value for the Coast Guard may merit a higher price based on technical superiority. Using sound business judgment, the government will base the selection decision on an integrated assessment of the proposal's relative capability as measured against the below evaluation factors:

Factor 1 - Technical/Management Solution/Approach Factor 3 - Past Performance, and Factor 4 - Price.

Factor 1 is slightly more important than Factor 2, which is significantly more important than Factor 3. While the Cost/Price is an important part of the integrated selection decision, the non-Cost/price factors are significantly more important than the Cost/Price factor. Cost/price will become increasingly important as proposal evaluation rating for technical factors approach equal.

DETAILED FACTORS:

Factor 1: Technical Management/Solution/Approach:

Contractor shall submit a technical proposal, which sets forth the proposed technical solution/approach. The Contractor’s technical solution/approach shall be evaluated for the quality and performance characteristics of the Radar Integration Bench (RIB). Also, its ability to perform regressing testing on the existing APS-143C(V)3 software in the USCG’s laboratory environment.

The government’s evaluation of the proposal will include an assessment that the proposed RIB, inclusive of the proposed engineering design performing regressing testing on the APS-143C(V)3. The Contractor’s narrative shall set forth a complete understanding of the APS-143C(V)3 Maritime Surveillance Radar, its associated test equipment and test benches, which includes the RIB, and the Company’s planned compliance with the stated ANSI, EMI and EMC COTS commercial standards, as set forth within this document. Also:

• Highly qualified and experienced personnel with a proven track record of success in providing large enterprise-wide managed training services.

• Clear lines of communication between the Contractor's team and the USCG for purposes of timely problem identification, mitigation and problem resolution in a cost effective manner.

• Ability to perform on-the-job training NTE five (5) days after award of the contract.

The Contractor's validated process and procedures that ensure high quality performance. (i.e.,ISO 14001 type or other quality certifications).

Factor 2: Past Performance:

The past performance evaluation will examine the Contractor's submission of the same/similar RIB’s, or other radar systems, with the same scope and complexity and/or performance measures' service levels applied, and the actual results achieved against those measures. The USCG is requesting a minimum of three (3) points of contact, e-mail addresses for those contacts, contract number, contract type, contract period of performance, and brief description of the requirement. If past performance information is either not relevant or not available, the offeror will be rated neutral (neither favorably nor unfavorably). In addition, the Contracting Officer has the discretion to retrieve information via the offeror’s supplied references and federal sources to include the Past Performance Information Retrieval System (PPIRS) and the Excluded Parties List System (EPLS).

The three (3) references would be for similar contracts, delivery orders, purchase orders, and/or subcontracts listed may include any contract, delivery order, purchase order and/or subcontract larger than $2,500 entered into by the Federal Government, agencies of state and local governments and commercial customers. The Offeror is instructed to provide the following information for of the three (3) references:

(A) Name of Contracting Activity (i.e., DoD/USCG/other)

(B) Contract Number

(C) Contract Type (FFP/ID/IQ, etc.)

(D) Total Contract Value (including options) (E) Description of Contract Work (Radar/Similar experience/other)

(F) Contracting Officer (or equivalent) individual’s name, telephone number (with area code), electronic mail address, etc., (if applicable)

(G) Program Manager (or equivalent) individual’s name, telephone number (with area code), electronic mail address, etc., (if applicable)

(H) Contracting Officer’s Representative (or equivalent) person's name, telephone number (with area code), electronic mail address, etc.

(I) Administrative Contracting Officer (or equivalent) individual’s name, telephone number (with area code), electronic mail address, etc., (if different from F)

(J) List of first-tier subcontractors (as applicable).

The Coast Guard may use data obtained from other sources to conduct the past performance assessment, as well as that provided in the proposal.

Factor 3: Price:

Each Contractor’s price proposal will be evaluated based on the following:

(a) Evaluation of proposed price.

(b) Reasonableness: Reasonableness will be established by comparing proposed pricing to industry average rates for the same/similar items.

(c) Realism: A realism assessment will be accomplished by a review and evaluation of the pricing in comparison to the Independent Government Cost Estimate (IGCE) to determine fair and reasonableness. Also, if proposed pricing reflects a clear understanding of the requirements; and is consistent with the approach described in the Contractor's technical proposal.

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at http://acquisition.gov/far/index.html.

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 the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html.

52.212-3 Offeror Representations and Certifications-Commercial Items. (AUG 2009) Alternate I (Aug 2002).

These certifications must be included with quotation, IAW FAR 4.1201 prospective contractors are required to submit annual representations and certifications via the ORCA web site at http://orca.bpn.gov. Please ensure completion prior to submission of your quotation. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically. If an offeror has not completed the annual representations and certifications electronically at the ORCA web site, the offeror shall complete only paragraphs (c) through (m) of this provision.

52.212-4 Contract Terms and Conditions-Commercial Items. (Jul 2013) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.242-13 Bankruptcy (JUL 1995) 52.245-1 Government Property (AUG 2010) 52.245-9 Use and Charges (AUG 2010) 52.209-9, Updates of Publically Available Information regarding Responsibility Matters (Feb 2012)

52.246-2 Inspection of Supplies - Fixed Price (AUG 1996) 52.246-4 Inspection of Services - Fixed Price (AUG 1996) 52.246-11 Higher-Level Contract Quality Requirement (FEB 1999) The contractor shall provide and maintain a quality system equal to ISO 9000 or have a quality system acceptable to the Government. The contractor shall state the quality system to be used in performance of this contract.

52.247-34 F.O.B. Destination (NOV 1991)

HSAR 3052.247-72 F.O.B. Destination Only (DEC 2003) Offers are invited on the basis of F.O.B. Destination only. Offers submitted on any other basis will be rejected as nonresponsive.

52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012)

(End of Clause)

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Sep 2013)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

_X__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

_X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (11) [Reserved]

___ (12) (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).

___ (13) (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.

___ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

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

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

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

___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (23) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

___ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

_X__ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

_X__ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (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, Pub. L. 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 (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

_X__ (41) 52.225-5, Trade Agreements (Sep 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (42) 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).

___ (43) 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. 2303 Note).

___ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X__ (48) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (49) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X__ (52) (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:

[Contracting Officer check as appropriate.]

___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.222-17, Non-displacement of Qualified Workers (Jan 2013) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Non-displacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

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

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 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).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 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)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.

Alternate II (Jul 2013). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203–13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110–252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219–8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222–26, Equal Opportunity (Mar 2007) (E.O. 11246).

(E) 52.222–35, Equal Opportunity for Veterans (Sept 2010) (38 U.S.C. 4212).

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

(G) 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.

(H) 52.222–41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(I) 52.222–50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(J) 52.222–51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(K) 52.222–53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(L) 52.222–54, Employment Eligibility Verification (Jul 2012).

(M) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110–247). Flow down required in accordance with paragraph (e) of FAR clause 52.226–6.

(N) 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.

(P) USCG Clause 3052.242-72, Contracting Officer’s Technical Representative (DEC 2003) (a) The Contracting Officer may designate

Government personnel to act as the Contracting Officer’s Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. (b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

(Q) USCG Cause 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

\48V7.TXT

(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;

(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]:

lit 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 a waiver has been applied for, shall be attached to the bid or proposal.

(End of provision).

Closing date and time for receipt of Request for Proposal (RFP) is 18 September 2013, 2:30PM (EST). PRICES MUST REMAIN EFFECTIVE FOR 90 DAYS AFTER CLOSING OF SOLICITATION. Electronic offers are acceptable and may be forwarded to Attn: Gwendolyn B. Scott, Contracting Officer, at Gweldolyn.B.Scott@uscg.mil. Quotations may be submitted on company letterhead stationery and must include pricing, Payment terms are to be specified and any discount offered for prompt payment, the business size standard and any minority classification; and delivery date. All Offerors shall have a valid Vendor Cage Code, Dun & Bradstreet Number (DUNS) or the ability to get one, and MUST be actively registered in the System for Award Management (SAMS) throughout the award of the contract.

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 General 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 cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG 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…