FINALC~3.DOC

Department of Homeland Security

Request For Quotation (RFQ)

70Z04419RN0001V00-Amendment 1

1KW POWER AMPLIFIER

Issued by:

Defense Homeland Security (DHS) United States Coast Guard Command, Control, and Communications Engineering Center (C3CEN) Command, Control, Communications, Computers and Information Technology Service Center (C4IT-SC) 4000 Coast Guard Boulevard Portsmouth, VA 23703

Proposal Due Date/Time: 19 March 2019 at 12:00 PM EST

CGAP CHAPER 3033 Appendix B March 2014

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

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

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

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

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

(End of notice)

C4IT Combined Synopsis and Solicitation Notice Information I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

II. Solicitation number is 70Z04419RN0001V00 and is being issued as a Request for Quote (RFQ).

III. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular {2009-01, effective 122018}. See http://farsite.hill.af.mil/vffara.htm or for this information.

IV. The associated NAICS code is 811213 and this procurement:

|X| is not being set-aside for small businesses.

|_| is being set-aside for small businesses. The small business size standard is $11,000,000.

V. The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:

Schedule

POWER AMP (1KW) (PA-2220A)

Open, Inspect and Report

MFG NAME: ROCKWELL COLLINS INC, GOV'T SYSTEMS

PART_NBR: 270-2695-020

POWER AMP (1KW) (PA-2220A)

Repair to "A" from "F" condition or OEM specification and repackage in wooden crates.

The following abbreviations are used in the price schedule above:

STATEMENT OF WORK

SHORT TITLE: Repair of Electronic Equipment and Modules

1 SCOPE

1.1 General. This specification covers the requirements for the repair of electronic equipment and those aspects of the maintenance processes, which are applicable to electronic equipment. It establishes uniform standards and procedures to be used in the repair process, for example, receipt and evaluation, maintenance procedures, selection and use of parts and material, marking, preservation, and packing for shipment.

1.2 Types of equipment/components. The repairs of the following types of equipment/components are included in this specification:

2. APPLICABLE DOCUMENTS

2.1 General. The documents listed in this section are specified in sections 3, 4, and 5 of this specification. This section does not include documents cited in other sections of this specification or recommended for additional information or as examples. While every effort has been made to ensure completeness of this list, document users are cautioned that they must meet all specified requirements documents cited in sections 3, 4, and 5 of this specification, whether or not they are listed.

2.2 Government documents.

2.2.1 Specifications and standards. The following specifications and standards form a part of this document to the extent specified herein. Unless otherwise specified, the issues of these documents are those listed in the issue of the Department of Defense Index of Specifications and Standards (DoDISS) cited in the solicitation.

STANDARDS

MILITARY

MIL-STD-129P Change 4, Sept 2007 Marking for Shipment and Storage

MIL-STD-2073-1E, May 2008, Standard Practice for Military Packaging

NON-GOVERNMENT STANDARDS

ASTM-D3951-98 2004 Packing, Commercial

(Unless otherwise indicated, copies of the above specifications and standards are available from the Defense Printing Service Detachment Office, Bldg. 4D (NPM-DODSSP), 700 Robbins Avenue, Philadelphia, PA 19111-5094.)

2.3 Non-Government publications. The following documents form a part of this document to the extent specified herein. Unless otherwise specified, the issues of the documents that are DOD adopted are those listed in the issue of the DoDISS cited in the solicitation. Unless otherwise specified, the issues of the documents not listed in the DoDISS are the issues of the documents cited in the solicitation.

AMERICAN SOCIETY FOR QUALITY CONTROL

(Application for copies should be addressed to the American Society for Quality Control (ASQC), 611 East Wisconsin Avenue, Milwaukee, Wisconsin 53202.)

2.4 Order of precedence. In the event of a conflict between the text of this document and the references cited herein, the text of this document takes precedence. Nothing in this document, however, supersedes applicable laws and regulations unless a specific exemption has been obtained.

3. REQUIREMENTS

3.1 General Requirements

3.1.1 Incoming Physical Inspection Report. Incoming Physical Inspection Report (paragraph 3.2.2.1.a) shall be returned within 5 working days if any shipping damage is noted.

3.1.2 Open and Inspection/Test Tear Down Turn Around Time. Upon receipt of material, the contractor shall complete the Open and Inspection Report (OIR) Document (Attachment 4) and return the Open and Inspect reports within 10 days after receipt of material.

3.1.3 Equipment Repair Turn Around Time. No work shall be performed until Contracting Officer Representative (COR) has approved the Open and Inspect Report. Once approval is granted by Contracting Officer Representative repairs shall not exceed 30 days per unit.

3.1.4 Repair. The contractor shall perform the level of repair required to return the repairable equipment or module to a ready for issue (RFI) condition from a non-ready for issue (NRFI) condition. The following are the minimum processes:

a. Disassembly and cleaning required to facilitate the equipment repairs.

b. Repair or replacement of parts that have failed or are of marginal quality due to wear, deterioration, or damage so as to return the item to ready for issue (RFI) condition.

c. Install all applicable field changes, modifications and firmware upgrades.

d. Re-assembly, alignment, and testing.

3.1.5 Government furnished equipment. Defective equipment, modules, or items will be shipped to the Contractor from the Coast Guard Surface Forces Logistics Center or as specified in the procurement documentation. Please see Attachment 1, Government Furnished Equipment, for details.

3.1.6 Defective item lot size. Items will be shipped 10 each per lot. Larger lot sizes can be shipped if desired by contractor.

3.1.7 Obsolete parts/processes. In the event certain parts or processes become obsolete, the Contractor shall notify the Contracting Officer and submit 1) rationale and verification of any obsolete part or process, and 2) a written estimate of the cost required to make the repair. The Contractor shall not proceed until firm fixed price and delivery schedules are negotiated and authorization to proceed is received from the Contracting Officer.

3.1.8 Unusually damaged items. Repair requirements do not include equipment or components received which indicate obvious misuse, cannibalization, and severe damage due to mishandling, fire, or submersion. In the event that severely damaged or cannibalized equipment or components are received, the Contractor shall notify the Contracting Officer and submit 1) a description of the condition of the equipment or component as received, 2) an estimate of the probable cause of the condition, and 3) a written estimate of the cost required to make the repair. The Contractor shall not proceed until a firm fixed price for repair and a delivery schedule are negotiated and authorization to either proceed with repairs, or disposal instructions have been received from the Contracting Officer.

3.1.9 Limitation of repair. The price in the schedule is the cost of repair unless otherwise authorized under 3.1.6. Repairs will not normally be authorized if the cost of repair exceeds 65% of the acquisition cost of the item. In the event that the repair costs will exceed 65% of the item acquisition cost, the Contractor shall notify the Contracting Officer. The Contracting Officer will make the determination whether to repair the item or will provide disposal instructions.

3.2 Detailed requirements.

3.2.1 Materials. The Contractor shall provide all spare parts, current technical manuals, discrete components and consumable materials needed for the repair of the items.

3.2.1.1 Selection of Parts and materials. The Contractor shall utilize parts and materials specified in the latest design specifications. Original Equipment Manufacturers (OEM) parts or equivalent that is equal to the performance and tolerance characteristics of the current design. Any part which would change the form, fit, and/or function of the equipment or module shall not be used. Requests to utilize nonstandard (non-OEM or direct equivalent) parts shall be submitted to the Contracting Officer for approval after review by the Contracting Officer’s Representative (COR).

3.2.2 Repair process.

3.2.2.1 Inspection. In the course of repair, three levels of inspection shall be performed, as follows:

a. Incoming Physical inspection. This inspection shall be performed at the point of receipt of the repair material to detect damage in transit. The items shall be inspected for completeness, for model type per contract or work order, and for obvious flaws and defects. If the equipment or module is received incomplete or damaged in transit, the Contracting Officer shall be notified using the Open and Inspection Report (OIR) Document within 5 working days of the discrepancy. The Contractor shall identify and record the damaged property by its nomenclature; serial number (if applicable), NSN, manufacturer's part number, date of receipt, quantity, contract number, nature of the defect and circumstances of discovery.

b. Open and Inspection/Test, Teardown Evaluation inspections. This inspection shall be performed using contractors testing, alignment or automated test equipment procedures to determine an estimated repair cost for each item in order to ensure completeness of repair and conformance to equipment technical requirements. The results shall be recorded and submitted to the Contract Officer via the Open and Inspection Report within 10 working days of material receipt.

1. Inspect PA Control Board to ensure EPROM U1 is part number 2890-0995, R116. Results will be recorded on Open and Inspection Report for each unit.

c. Final inspection. This inspection shall consist of 1) a visual inspection of workmanship, assembly and fit, mechanical and electrical safety and marking, materials, parts, and finish, and, treatment for prevention of corrosion if required and 2) verification of all operations specified in the equipment technical requirements or contractor QA form. All final inspection observations and measurements shall be submitted with equipment.

d. Equipment Repair Turn Around Time. Shall not exceed 30 days per lot.

3.2.2.2 Disassembly. The degree of disassembly on any equipment or module processed by the Contractor shall be commensurate with the level of repair required.

3.2.2.3 Cleaning. Items requiring cleaning during repair shall be cleaned prior to or during the pre-induction inspection and disassembly, whichever is deemed more practical by the Contractor. Final cleaning shall be conducted to ensure the component is free of obvious defects and corrosion, soil, grease, residue, fingerprints, perspiration, or other acid or alkali residues. All temporary markings and tags, to include the CG-5236 Serviceable/Unserviceable Tag shall be removed.

3.2.2.4 Testing. In the course of repair, the Contractor will perform two types of testing:

a. Operational tests. These tests shall be for the purpose of verifying operation and to identify areas requiring fault isolation.

b. Final performance and acceptance testing. A dynamic test will be conducted to confirm acceptability of alignment and function. This must be accomplished using a fully operational equipment mock-up, or the use of Automated Test Equipment (ATE) with the ability to emulate live circuit conditions. The qualifying performance standard for the equipment shall be the test criteria contained in the equipment technical requirements.

3.2.2.5 Fault isolation. Troubleshooting of electronic equipment and modules shall recognize the fault symptom, identify the circuit responsible, and isolate the defective component(s) or sub assembly. After a fault has been localized, but prior to corrective action, ascertain that the specific fault is actually the cause of the malfunction rather than a symptom of some other malfunction. The Contractor shall be responsive to the troubleshooting procedures as indicated in the applicable technical documentation or established test procedures.

3.2.2.6 Parts replacement. Selection of parts for replacement shall be as specified in 3.2.1.1.

3.2.2.7 Marking - Contractor identification. The Contractor shall affix a permanent vendor identification decal that is traceable by the Coast Guard to the Contractor, date of repair and the contract under which the repair was accomplished.

3.2.3 Technical specifications. Except where otherwise indicated, the Coast Guard will not provide the current technical specifications, manuals, or other technical data or diagnostics for repair of the items covered by this specification. The Contractor is responsible for obtaining the required technical manuals or data. This information shall remain the property of the Contractor but must be available for inspection by the Coast Guard.

3.2.3.1 Repair diagnostics. The Contractor shall develop repair diagnostics and test procedures to effectively troubleshoot problems with the components and repair the components to meet the requirements of this specification. The diagnostics and test procedures shall be in accordance with current technical specifications (see paragraph 3.2.3).

3.2.4 Test and diagnostic equipment. The Contractor shall provide all test and diagnostic equipment required to repair and test the items during the repair process.

3.2.5 Documentation. All rework performed and parts replaced on each item shall be documented. The record sheet shall contain all operations, including; inspection, initial testing, probable cause of failure, repair, alignment, cleaning, final testing, and inspection that have been performed.

3.2.5.1 Test data record sheet. A record of the data obtained during tests performed (see 3.2.2.4) shall be made on a test data record sheet. The Contractor is responsible for preparing and maintaining the documents. A copy of the applicable test data record shall be included with each item.

4. VERIFICATION

4.1 General. The Contractor shall maintain an inspection system in accordance with ANSI/ASQC-C1, which shall insure each item that is offered to the procuring activity for acceptance or approval conforms to contract requirements. The inspection system shall be documented and available for review and approval by the procuring activity.

4.2 Responsibility for inspection. Unless otherwise specified in the contract or purchase order, the Contractor is responsible for the performance of all inspection requirements as specified herein. Except as otherwise specified, the Contractor may use his own or any commercial facilities acceptable to the Government.

4.2.1 Records. The Contractor shall maintain records of all inspections and tests. These records shall available for viewing upon request.

4.3 Calibration. Test equipment utilized during repair shall be calibrated in accordance with ANSI/NCSL Z540.3-2006 (R2013) using standards traceable to the National Bureau of Standards.

4.4 Submission of test plans. If the equipment is being repaired by other than an OEM authorized / certified repair facility. Test Plans shall be submitted for review by the Equipment Specialist(s) prior to the award via the Contracting Officer.

5. PREPARATION FOR DELIVERY

5.1 Unit pack. All items repaired shall be individually packaged and returned in the same container that it was received in prior to induction. Remove any old markings and stickers from the containers prior to applying the new markings.

A copy of the test data record sheet (see 3.2.5.1) shall be included in the container. In the event of loss or damage to the original container, the Contractor must provide an equal replacement container. Packing shall include requirements IAW Attachment 2, Surface Forces Logistics Center Marking and Packing.

5.2 Electronic modules susceptible to damage by environmental field forces. Sensitive electronic devices and other items susceptible to environmental field force damage (electrostatic fields, electromagnetic fields, or magnetic fields, or combinations of these fields) shall be protected in accordance with MIL-STD-2073-1E.

5.3 Intermediate and exterior packing. Unit packs shall be packed in exterior shipping containers, meet common carrier acceptance and provide safe delivery to destination.

5.4 Marking. In addition to any special markings required by the contract or order, all interior packages and shipping containers shall be marked in accordance with MIL-STD-129 P. Bar coding is required as per Packing and Marking Instruction document which is included in the solicitation package. Marking shall include requirements IAW Attachment 2, Surface Forces Logistics Center Marking and Packing.

6.0 SECURITY

a. Contractor employee access to sensitive but unclassified (for-official-use-only) information is not required under this contract.

b. Contractor employee access to Coast Guard facilities is not required under this contract.

7. U. S. COAST GUARD COMMAND, CONTROL and COMMUNICATIONS ENGINEERING CENTER (C3CEN) REPRESENTATIVES:

1.

2.

3.

4.

5.

6.

7.

7.1 USCG Contract Specialist:

Richard H. Harris USCG C4IT Service Center 4000 Coast Guard Blvd, Portsmouth VA 23703 Phone: (757) 686-6862 Richard.h.harris@uscg.mil

7.2 USCG Contracting Officer:

Heather Linzy USCG C4IT Service Center 4000 Coast Guard Blvd, Portsmouth VA 23703 Phone: (757)686-6822 Heather.m.linzy@uscg.mil

7.3 USCG Contracting Officer Representative (COR):

Paul Miller

USCG C3CEN, PL-M

4000 Coast Guard Blvd, Portsmouth VA 23703 Phone: (757) 686-4234 Paul.g.miller@uscg.mil

8. DESCRIPTION OF WORK.

This requirement is for Open, Inspect, and repair of Amplifiers manufactured by Rockwell Collins.

9. GOVERNMENT-FURNISHED INFORMATION.: N/A

10. GOVERNMENT-FURNISHED MATERIAL: N/A

11. GOVERNMENT-FURNISHED EQUIPMENT: 55 Condition F PA-2220A-1KW Power Amplifier NSN 5895015048373

12. CONTRACTOR-FURNISHED EQUIPMENT:

12.1 The contractor shall be responsible for all test equipment and material.

13. CONTRACTOR-FURNISHED MATERIAL:

13.1 The contractor shall be responsible for all necessary tools and test equipment to perform all work.

14. TRAVEL REQUIREMENTS:

14.1 No travel authorized.

VI. This is a Firm Fixed Price (FFP) purchase order.

VII. The required period of performance is 180 days after receipt of Power Amplifiers order. The order is FOB Destination.

VIII. The provision at FAR 52.212-1, Instructions to Offerors – Commercial Items (DEVIATION 2018-O0018)(Oct 2018) applies to this acquisition.

Proposal Content An Offeror shall submit a signed and dated proposal on company letterhead stationery that contains, at a minimum, the following sections and information:

1. Cover Page/Letter shall include the following at a minimum:

a. Request for Proposal (RFP) number

b. Name, Address, Telephone Number, and DUNS Number of the Offeror

c. Name, Title, Phone Number, and E-mail Address of an Authorized Official of the Offeror

d. If applicable, subcontractor name(s) and DUNS number(s)

e. Business size classification, e.g., small business, 8(a) business, etc.

f. A statement specifying the extent of agreement with all terms, conditions, and provisions included in this RFQ.

2. Factor 1, Technical

a. Each Offeror is required to include technicians experience working with HF Power Amplifiers.

b. Each Offeror is required to submit a detailed approach which addresses each element of the statement of work (SOW).

3. Factor 2, Past Performance

a. Offerors shall submit at least three (3) past performance references on past or current contracts for efforts similar to the requirements outlined in the solicitation, with Government instrumentalities (Federal, State, or local) or private industry utilizing the Attachment 3, Past Performance Questionnaire. Offerors shall complete Section II of Attachment 3 and send Attachment 3 to the reference specified in Section II; this shall be completed for each past performance reference. Offerors shall request that each reference complete Section IV of Attachment 3 and return it to the Coast Guard in accordance with the directions in Section I. It is the offeror’s responsibility to ensure the reference contact information in Section II is valid. If the reference does not submit a Past Performance Questionnaire, the reference may not be considered in the evaluation of the offeror’s past performance.

b. The offeror shall complete Section II of the Attachment 3, Past Performance Questionnaire and return the questionnaire to the Government with their proposal.

c. The offeror’s similar past performance must have been performed within the last three years or be ongoing. The offeror’s past performance may include information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement, if applicable. Offerors may include information on problems encountered on the identified contracts and the offeror’s corrective actions.

4. Factor 3, Price Section. Offerors shall use the price schedule in Section V to indicate the firm fixed price for this requirement in their proposal. Offerors are required to propose on all contract line items. The Government will need insight as to how the offeror developed their total price; this includes, but is not limited to, labor category hour/rate, travel pricing and any other price related assumptions.

IX. FAR 52.212-2, Evaluation-Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1, Technical, The Government will evaluate each offeror’s technician experience working with HF Power Amplifiers on an “acceptable” or “unacceptable” basis. The Government will evaluate each offeror’s detailed approach IAW the SOW and required Certification on an “acceptable” or “unacceptable” basis.

Factor 2, Past Performance, The Government will evaluate the offeror’s past performance information and determine the acceptable/unacceptable rating. The currency and relevance of the information, source of the information, context of the data and general trends in contractor performance will be considered in the comparative assessment. The Government will review the offeror’s submitted past performance information for work that was performed within the last three years or is ongoing. The Government will also consider information provided by the offeror on problems encountered on the contracts identified and the corrective actions taken. The Government reserves the right to utilize past performance information from sources other than those provided by the contractor—including, but not limited to, data contained in the Past Performance Information Retrieval System (PPIRS). The Government may also consider past performance information regarding predecessor companies, key personnel who have similar experience or subcontractors that will perform major or critical aspects of the requirement when such information is deemed relevant by the Government.

A contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably, but will receive a confidence rating of neutral.

Factor 3, Price, The Government will evaluate price reasonableness based on adequate competition and/or a price analysis. Offerors are required to provide prices for all items/CLINs. Unit prices left blank or annotated with something other than a dollar figure will be considered unacceptable and the proposal may be rejected without any further consideration.

Basis for Award, Award will be made to the responsible, technically acceptable quoter, whose quote, conforming to the combined synopsis/solicitation, offers the lowest evaluated technical accepted price.

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

(End of Provision)

X. All quoters must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (Oct 2018) with its offer.

XI. The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018) applies to this acquisition.

XII. The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders – Commercial Items (Jan 2019) applies to this acquisition. The following additional FAR clauses contained within FAR 52.212-5 are applicable to this acquisition:

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2019)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

___ (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 2018) (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).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Aug 2018) 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 Representation (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 (Jan 2018) (E.O. 13126).

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

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

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

___ (ii) Alternate I (July 2014) of 52.222-35.

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

___ (ii) Alternate I (July 2014) of 52.222-36.

_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 (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

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

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

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

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

_X_ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (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.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 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).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (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.

___ (iii) Alternate II (Feb 2006) 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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (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) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

_X_ (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).

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

_X_ (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).

(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 (Jan 2019) (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(v) 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.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

(xiv) 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.)

(xv) 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)

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

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

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

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

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

(xx) 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).

(xxi) 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.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

XIII. This following contract requirements/terms and conditions are necessary for this acquisition.

INVOICING

Electronic submission of invoices is mandatory for this Order.

1. All Invoices (unless otherwise directed) shall be emailed to the CG FINCEN at FIN-SMBYARDTEAM@USCG.MIL or mailed to the address in Block 18a. A Proper invoice must 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.

2. It is requested that the Delivery Documents to accompany these Items (whether they are coming from your facility and or your distributors) those Documents are to include all applicable Contract/Order and Requisition Numbers, e.g. 70Z04418****/ 23-18-408B4200****. Items delivered without proper documentation and applicable numbers are potential cause for delay of Invoice Payment, due to not being able to associate items to the proper Contract or Order.

3. It is requested that the Invoices shall reference each Line Item Number that the Contractor is invoicing for.

(End of instruction)

XIV. This solicitation does not have a Defense Priorities and Allocation System (DPAS) rating.

XV. All quotations are due NLT 5 March 2019, 12:00pm EST to the Contract Specialist, Richard H. Harris Richard.h.harris@uscg.mil.

XVI. For additional information regarding this solicitation contact Richard H. Harris at Richard.h.harris@uscg.mil.

XVII. The following additional FAR and HSAR provisions/clauses are applicable to this acquisition:

52.232-40, Providing Accelerated Payments to Small Business Subcontractors(Dec 2013) 52.247-34, F.O.B. Destination (Nov 1991)

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 enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 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 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(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)

52.233-2, Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from ______________________.

Heather Linzy 4000 Coast Guard Blvd.

Portsmouth, VA 23703

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

(End of provision)

52.252-1, Solicitation Provisions Incorporated by Reference (February 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 this/these address(es):

The full text of FAR Clauses may be accessed electronically at:…