RFP_HSCG44-17-R-N0023.docx

NOTICE TO OFFERORS

The U.S. Coast Guard, C4IT Service Center-CPD-C3CEN will acquire the services/supplies outlined in the solicitation utilizing procedures in FAR Part 12, Acquisition of Commercial Items and FAR Subpart 15, Contracting by negotiation.

THE FOLLOWING INFORMATION IS HIGHLIGHTED FOR YOUR ATTENTION

1. This cover sheet is not intended to be all-inclusive. Please read the entire solicitation, including any attachments, to ensure completion of all required representations, certifications, and submissions. Acknowledge all Solicitation Amendments (SF-30) issued by the Government.

2. Your offer shall include ALL of the documents and information listed on pages #44 (FAR Provision 52.212-1, (b) Submission of Offers) and your offer shall be received by our office at or before the exact date and time specified on page 1 of the SF-1449, Block 8 to be eligible for award.

3. Submit your offer, with all required documentation, via one of the following method(s):

· E-Mail to Jessica.L.Coltz@uscg.mil (if e-mail attachments are under 10MB)

· Utilize the U.S. Army’s “Safe Access File Exchange” (SAFE) at https://safe.amrdec.army.mil/safe/guide.aspx to submit offer with attachments over 10MB.

Note: Attachments to e-mails should be less than 10MB and USCG policy does not allow receipt of WinZip files via e-mail.

4. DO NOT submit removable memory/storage devices or media, such as, flash drives, thumb drives, memory sticks, hard drives, CD, DVD, or any other similar devices. USCG policy prohibits the use of removable memory/storage devices or media on USCG workstations and the USCG network.

5. This solicitation does not obligate the Government to compensate for any costs incurred by the Offeror in the preparation and/or submission of any offer, nor does it obligate the Government to procure for said services or supplies.

6. QUESTIONS/CONCERNS: It shall be the obligation of the offeror to exercise due diligence to discover and to bring to the attention of the Government any ambiguities, inconsistencies, or concerns regarding the information in this solicitation. All questions/concerns regarding this solicitation shall be submitted in writing (NO phone calls) to the Contract Specialist at D05-SMB-C4ITSC-CPD-C3CEN-TeamC@uscg.mil no later than (Date) 3:00 PM Eastern. Follow-up/additional questions will not be accepted after this date. Offerors shall reference the solicitation number and provide enough information in their e-mail so the Government can easily respond to their questions/concerns. All questions/concerns will be compiled and addressed on an “Amendment of Solicitation” (SF-30) and will be posted on the FedBizOpps website for viewing by all potential offerors.

*Only send questions/concerns to the email address listed above or, if not available, to the Primary Contracting Officer listed in this solicitation. DO NOT ask or submit questions/concerns regarding this solicitation to any other USCG or government personnel (e.g., COR, program/project manager, etc.).*

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program CGAP (March 2014 Edition through Change Notice 17-01, February 2017) Appendix B

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

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

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

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

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

The Ombudsman Hotline telephone number is (202) 372-3695.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17(a-b), 23, 24, & 30(a-c)

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG44-17-R-170058

6. SOLICITATION

ISSUE DATE

09/05/2017

Jessica L. Coltz

b. TELEPHONE NUMBER (No collect calls) 757-686-6846

8. OFFER DUE DATE/

LOCAL TIME

(Enter Due Date) 3:00 PM, Eastern

9. ISSUED BY CODE 44

U.S. Coast Guard C4IT Service Center-CPD-C3CEN Attn: Jessica L. Coltz 4000 Coast Guard Blvd., Annex 4 Portsmouth, VA 23703

Telephone: (757) 686-6846

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

|X| SMALL BUSINESS |_| WOMEN-OWNED SMALL

|_| HUBZONE SMALL BUSINESS (WOSB) ELIGIBLE

BUSINESS UNDER THE WOMEN-OWNED

|_| SERVICE-DISABLED SMALL BUSINESS PROGRAM

VETERAN-OWNED |_| EDWOSB

SMALL BUSINESS |X| 8(A)

NAICS: 334511

SIZE STANDARD: 1,250 employees

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT

TERMS

|_| Net 30

|_| Other: ________________________ |_| 13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

|_| RFQ |_| IFB |X| RFP

15. DELIVER TO CODE

U.S. Coast Guard (USCG)

C3CEN

4000 Coast Guard Blvd.

Portsmouth, VA 23703

16. ADMINISTERED BY CODE 44

U.S. Coast Guard (USCG) C4IT Service Center-CPD-C3CEN 4000 Coast Guard Blvd., Annex 4 Portsmouth, VA 23703

17a. CONTRACTOR/ OFFEROR (NAME / ADDRESS)

DUNS:

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE 51800

U.S. Coast Guard Finance Center Chesapeake, VA

|_| 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

|X| SEE ADDENDUM:

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

25. ACCOUNTING AND APPROPRIATION DATA (FOR GOVT USE ONLY)

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 AND 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |X| ARE / |_| ARE NOT ATTACHED.

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

Solicitation No.: HSCG44-17-R-N0023

Solicitation No.: HSCG44-17-R-N0023

SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

PART I – THE SCHEDULE

PART II – CONTRACT CLAUSES AND PROVISIONS

PART III- ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

PART I – THE SCHEDULE

SECTION 1 - CONTRACT REQUIREMENT(S), TERMS AND CONDITIONS

1.1 General Description of Services/Supplies

The United States Department of Homeland Security (DHS), United States Coast Guard (USCG), Command, Control, Communications, Computers and Information Technology Service Center (C4ITSC), Contracts and Procurement Division (CPD), at the Command, Control and Communications Engineering Center (C3CEN) in Portsmouth, VA shall procure magnetrons to maintain Radar systems for coastal and inter coastal waterways monitoring.

1.2 Contract Type

The contract type is an Indefinite-Delivery Indefinite-Quantity (IDIQ) contract. Firm-fixed-price task orders may be issued in accordance with this contract. The Contractor is not authorized to provide supplies prior to the issuance of an order.

1.2.1 Task Orders

Task orders will be issued in accordance with FAR 16.505, Ordering. Orders may be issued orally, by facsimile, by electronic commerce (e.g., e-mail), or by mail. Oral orders will be confirmed in writing by the Government within 48 hours. Accounting and appropriation data for obligations will be set forth on individual task orders.

Orders will be issued using the CLIN structure in Attachment 1 (Price Schedule/CLIN Structure) of this contract.

1.2.2 Price Schedule/CLIN Structure

The Price Schedule/CLIN Structure (Attachment 1) includes all the CLINS that may be ordered under the contract. The prices shall be FOB Destination and in US dollars.

1.3 Minimum Contract Guarantee and Maximum Contract Ceiling

1.3.1 Minimum Contract Guarantee Amount: $10,000.00

The Government has no obligation to issue orders to the Contractor beyond the minimum contract guarantee amount.

1.3.2 Maximum Contract Ceiling: $550,000.00

All orders issued pursuant to this contract shall not exceed the Maximum Contract Ceiling. The contract will remain in place and task orders may be issued in accordance with the contract until the Maximum Contract Ceiling has been used in its entirety or until the contract ordering period ends, whichever occurs first.

1.4 Contract Ordering Period

The contract ordering period is five (5) years. This is not a multi-year contract as defined in FAR 17.1, Multi-Year Contracting and does not include option periods/years.

Contract Ordering Period: Five (5) years from date of award

1.5 Delivery Terms

Delivery Terms are FOB Destination and delivery days ARO are specified in Attachment 1 (Price Schedule/CLIN Structure). Orders may be issued at any time during the contract ordering period within the limits of FAR Clause 52.216-19.

1.6 Contract Administration

Notwithstanding the Contractor’s responsibility for total management during the performance of the Contract, the administration of the contract will require close coordination between the Government and the Contractor. The U.S. Coast Guard, C4IT Service Center-CPD-C3CEN Contracting Office will perform all contract administration. The individuals listed below will be the Government points of contact for the contract.

Contracting Office: U.S. Coast Guard C4IT Service Center-CPD-C3CEN 4000 Coast Guard Blvd., Annex 4 Portsmouth, VA 23703-2199

1.6.1 Contracting Officers (KO) for the IDIQ Contract

The Contracting Officer (KO) is responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the contract terms, and safeguarding the interests of the United States in the contractual relationship. The KO is responsible for ensuring that the Contractor receives impartial, fair, and equitable treatment under this order. The KO is ultimately responsible for the final determination of the adequacy of the Contractor’s performance. Communications pertaining to contractual administrative matters for this contract shall be addressed to the KO(s) listed below. Changes in, or deviations from, the scope of work shall not be effected without written modification to the Order as executed by a Contracting Officer.

Contracting Officer: Jessica L. Coltz Telephone #: (757) 686-6846 E-Mail: Jessica.L.Coltz@uscg.mil

1.6.2 Delivery Order Contracting Officers (DO KO)

Services will be ordered via orders issued by Delivery Order Contracting Officers within the terms and conditions of this contract.

1.6.2.1 Authorized Delivery Order Contracting Officers

U.S. Coast Guard, C4ITSC-CPD Contracting Officers are authorized is issue task orders in accordance with this contract. The IDIQ contract level Contracting Officer or administrative Contracting Officer (Section 1.9.1) may give written authorization to other USCG Contracting Officers to issue orders in accordance with this contract.

1.6.3 Contract Specialist (KS) for the IDIQ Contract

The Contract Specialist (KS) serves as the point of contact between the Contractor and the Contracting Officer for this contract.

1.6.4 Contracting Officer’s Representative (COR) for the IDIQ Contract The COR is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for items within the scope of this contract. A designation letter will set forth the authorities and limitations of the COR under the contract. A COR does not have a warrant that provides the authority to contractually commit the Government and is not authorized to change any of the terms and conditions of the contract.

1.6.5 Task Order Contracting Officer’s Representative (COR)

The Task Order Contracting Officer may designate CORs for individual task orders that will be responsible for the technical coordination of the task order. A designation letter will set forth the authorities and limitations of the TO COR under the task order.

The TO COR will represent the Task Order Contracting Officer in the administration of technical details within the scope of the task order. The TO COR is also responsible for the final inspection and acceptance of all task order deliverables and reports, and such other responsibilities as may be specified in the task order. The TO COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Task Order Contracting Officer or the Government. The TO COR does not have authority to alter the Contractor’s obligations or to change the task order specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify task order obligations or the specification, changes will be issued in writing and signed by the Task Order Contracting Officer.

SECTION 2 - SCOPE OF WORK

2.1 GENERAL

This IDIQ allows for orders to be placed for the following Brand Name Specific Magnetrons, substitution of another brand and part number in not acceptable. See Attachment 1 Price Schedule/CLIN Structure.

SECTION 3 – INVOICING INSTRUCTIONS/PACKAGING AND MARKING

3.1 GENERAL INVOICING REQUIREMENTS

3.1.1 Electronic submission of invoices is mandatory for payment under all orders.

All invoices shall have a unique invoice number. Invoice numbers shall not be re-used throughout the term of the contract regardless of order number.

3.1.2 Invoicing Schedule

Invoices may be submitted after the supplies/services ordered via a task order are received, inspected, and accepted by the Government.

3.1.3 Proper Invoice

The Contractor shall submit a proper invoice as identified in FAR Clause 52.212-4, (g) Invoice. All invoices shall be itemized to correlate to the Schedule of Supplies/Services listed in the awarded Task Order. All improper and/or defective invoices will be rejected which could delay payment. Improper and/or defective invoices will be rejected and returned to the Contractor with the reason(s) the invoice is improper or defective; the Contractor will need to correct the invoice and resubmit the invoice in accordance with the invoice submission instructions provided in the task order.

3.2 NESSS Invoicing and Payment Information

All Proper Invoices shall be sent to CG FINCEN (as stated in block 18a) should include the Contractors Active DUNS, Cage Code Numbers, and Requisition Number in Block 1 and the Order Number in Block 4 to expedite Invoice payment. Invoices shall be emailed to:

FIN-SMB-YARDTEAM@USCG.MIL

A courtesy copy of the invoice shall also be e-mailed to the Contracting Officer, Contract Specialist and COR at the addresses cited below.

3.3 SUPPLY PACKAGING AND MARKING

The Contractor shall ship via FOB DESTINATION to the U.S. Coast Guard Surface Forces Logistics Center Baltimore (Z52000), 2401 Hawkins Point Road, Building 88 – (Receiving Dept), ATTN: C4IT SC Inventory Induction Team; Baltimore, Maryland 21226-1792. Delivery shall be in accordance with the specified contract shipping schedule. The Contractor shall mark each container with Ship to Information and address, Contract Number, Delivery Order number; Contracting Officer’s Representative (COR) or Government Point of Contact, number of items, full description of items, and number of shipping containers per shipment in conformance with carrier requirements. The Contractor shall deliver the shipment in good order and condition to the point of delivery specified in the contract/order, prepare and distribute a commercial bill of lading, and be responsible for any loss of and /or damage to the goods occurring before receipt and acceptance of the shipment by consignee at the delivery point specified in the contract/ order, and pay all charges to the specified point of delivery.

*NOTE: SFLC POC information to include on Bills of Lading and other shipping documents is as follows: Earl Gephardt, phone number (410) 762-6927.

All shipments to SFLC Baltimore will be at the direction of the COR. Each item shall be individually packaged and labeled and have an itemized packing list (to include a copy of the due-in print out) attached to the outside of the package.

PREPARATION FOR DELIVERY

All material shipped to the U.S. Coast Guard Surface Forces Logistics Center, Baltimore, MD, on under this contract/order, shall be accompanied by an itemized packing list securely attached to the outside of the package. The COR will provide a copy of the Due-in printout and the Due-in print out shall be included in the packing list.

All packing lists shall cite the contract/order number in such a manner as to provide identification.

Material shall be packed for shipment in such a manner as to afford adequate protection to the item against corrosion, deterioration, and physical damage during shipment from the supply source to Surface Forces Logistics Center locations.

Packages shall also provide adequate protection for warehouse storage and multiple shipments.

All packages shall have the contract/order number, Stock Number (if applicable), Contractor name, CAGE code, Part Number, condition code, due-in number, unit of issue, and quantity clearly marked on the exterior of the package.

All deliveries are to be made Monday through Friday between the hours of 7:00 A.M. and 1:00 P.M.

PRESERVATION, PACKAGING, UNITIZATION, MARKING and BAR-CODING.

PRESERVATION: Each component that makes up one each of any contract line item (CLIN) shall be preserved in accordance with ASTM-D-3951.

PACKAGING: Each component shall be packed individually in its own container to meet the requirements of ASTM-D-3951. This package shall be considered a unit pack. This unit pack shall meet the requirements of a shipping container.

UNITIZATION: Unit packs can be unitized as specified in ASTM-D 3951(see unitization and labeling examples below).

MARKING: Marking shall be clear, legible, permanent and in English.

UNIT PACKAGES shall be marked as specified herein.

National Stock Number / Activity Control Number.

Item Name Manufacturer’s code Part Number (as shipped) Purchase Order / Contract Number Due-in number Condition code Date of Manufacturer/Repair Quantity & Unit of Issue (i.e. 1-EA) Hazardous Material Marking (As required in Code of Federal Regulations (CFR) section 4).

Flash Point (If item is a liquid with a flash point of 93.3 degrees C (200 Degrees F) or less.)

Propellant Chemical Name (Aerosol Containers only).

UNITIZATION: If unitization is used as the final shipping container, the unitized pack for one stock number shall be marked as specified below, see Single Stock Number. If there are multiple stock numbers involved see, Multiple Stock Numbers herein. For no reason shall more than one order be unitized together.

Single Stock Number:

National Stock Number/ Activity Control Number.

Purchase Order / Contract Number Condition Code: (insert applicable condition code).

Quantity & Unit of Issue (i.e. 1-EA) Hazardous Material Marking (If needed and as required in Code of Federal Regulations (CFR) section 4).

Flash Point (If item is a liquid with a flash point of 93.3 degrees C (200 Degrees F) or less.).

Multiple Stock Numbers:

ALL National Stock Numbers/ Activity Control Numbers.

Purchase Order / Contract Number Condition Code: (insert applicable condition code) Quantity & Unit of Issue (i.e. 1-EA) Hazardous Material Marking (If needed and as required in Code of Federal Regulations (CFR) section 4).

Flash Point (If item is a liquid with a flash point of 93.3 degrees C (200 Degrees F) or less.).

The Words: MULTIPACK

BAR CODING.

All bar coding required herein shall be Code 39, also called Code 3 of 9 in accordance with ANSI/AIM BC1. ALL Stock numbered items shall be bar coded, the NSN shall be bar-coded.

The stock number or activity code number shall be bar coded with Human Readable Interpretation (HRI) immediately below the bar coding on unit and unitized packs.

All HRI shall be placed below its associated bar code. The label shall be intended for long term indoor applications where the labels will endure intermittent outdoor exposure. Each label shall be for porous surfaces and consist of paper without plastic laminate.

Specifications cited in this order may be obtained from:

For Specifications from the US Government contact:

STANDARDIZATION DOCUMENTS ORDER DESK

BUILDING 4D, SECTION D

700 Robbins Ave.

Philadelphia, PA 19111-5094 Telephone: (215) 697-1187 or (215) 697-1197.

For Specifications from Commercial sources contact:

American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive West Conshocken, PA 19428-2959 Phone: 610-832-9500 Fax: 610-832-9555

American National Standards Institute (ANSI) 25 West 43rd Street 4th Floor New York, N.Y. 10036 Phone: 212-642-4900

Below are samples of how the labels should appear when affixed on the outside of the box/packaging.

7025-01-LG0-1706

CAGE/MFR: 0U154

P/N: HHT-C

IINTERMEC CN3 HANDHELD BARCODE READER

1 EA

HSCG44-17-D-170001

COND CODE: A

DUE-IN NUMBER: 67285

8465-01-LG0-1707

CAGE/MFR: 0U154

P/N: HHT-C HOLSTER

HOLSTER FOR CN3 BARCODE READER

1 EA

HSCG44-17-D-170001

COND CODE: A

DUE-IN NUMBER: 67285

7025-01-LG-1708

CAGE/MFR: 04ZD8

P/N: 0009AA

PRINTER, PORTABLE, ZEBRA PT4 KIT

1 EA

HSCG44-17-D-170001

COND CODE: A

DUE-IN NUMBER: 67285

NOTE:

Affixing Barcode Labels to Packages

PART II – CONTRACT CLAUSES AND PROVISIONS

SECTION 4 – CONTRACT CLAUSES

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 Department of Homeland Security Acquisition Regulation (HSAR) (48 CFR Chapter 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

FAR 52.203-17 - Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (SEPT 2013) (DHS – USCG DEVIATION 14-01)

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

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

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

(End of clause)

52.252-2 – Clauses Incorporated by Reference. (Feb 1998)

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

Clauses incorporated by Reference:

(End of Provision)

52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Jan 2017)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(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. 4704 and 10 U.S.C. 2402).

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

___ (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 (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (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] _X__ (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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) 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 (Jan 2017) (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).

_X_ (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 (Oct 2016) (E.O. 13126).

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

_X__ (28) 52.222-26, Equal Opportunity (Sep 2016) (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).

_X__ (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.)

_X__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

_X__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (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.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (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.

___ (41) (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.

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

___ (43) (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__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

_X_ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

_X__ (ii) Alternate I (Jan 2017) of 52.224-3.

_X__ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (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.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (51) 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).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (62) (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) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (12) 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(iv) 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.

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

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

(x) 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.

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

(xii) __X__(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).

(xiii) 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.)

(xiv) 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)

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

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

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 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.

(xxiii) 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)

52.216-18 – Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through a five year ordering period.

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

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

(End of Clause)

52.216-19 - Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $550,000.000

(2) Any order for a combination of items in excess of $550,000.00; or

(3) A series of orders from the same ordering office within _2_ days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _5_ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-22 - Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after24 months after award of IDIQ contract.

(End of Clause)

HSAR 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 clauses are incorporated by reference:

__X__ 3052.203-70 Instructions for Contractor Disclosure of Violations.

__ __3052.204-70 Security Requirements for Unclassified Information Technology.

__ __3052.204-71 Contractor Employee Access.

__ __ Alternate I ____Alternate II __X__3052.205-70 Advertisement, Publicizing Awards, and Releases.

_____3052.209-73 Limitation on Future Contracting.

____3052.215-70 Key Personnel or Facilities.

____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.