IA Comb Syn -RFP-Revised Final 21 Jan 2011.docx

The purpose of this Amendment Two (2) is to incorporate the following revised documents:

1) Combined Synopsis/Solicitation – RFP

2) Attachment I – Revised PWS

3) Attachment II – Revised CLIN Pricing Spreadsheet

In addition, this Amendment Two (2) incorporates the following new documents:

4) Attachment V – Proposed DD Form 254

5) Attachment VI – Labor Category Descriptions/Proposed Staffing Levels

6) Attachment VII – List of Vendor Questions/Answers

This Amendment Two (2) extends the RFP closing date from 26 January 2011 to 1 February 2011.

NOTE: All changes are highlighted in revised RFP and PWS.

This is a combined Synopsis/Solicitation as a 100% Small Business Set-Aside for commercial items or services prepared in accordance with the format in FAR 12, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested; and a separate written solicitation will not be issued with this combined synopsis/solicitation. This solicitation is issued as a Request for Proposal (RFP), solicitation number HSCG79-11-R-123456, in accordance with FAR12 to provide the U.S. Coast Guard (USCG) Information Assurance (IA) Division with the necessary service support to assist the United States Coast Guard (USCG) IA in one or more of the areas of Coast Guard Computer Incident Response Team (CGCIRT), Certification and Accreditation (C&A), Secure Communications Services (SECCOMMS) and training to the United States Coast Guard Command, Control, Communications, and Information Technology (IT) Service Center (C4IT) Telecommunications. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-43 effective August 2, 2010. The North American Industrial Classification System (NAICS) number is 541519 and the business size standard is $25M annual revenue. Please note, the NAICS number has been changed from 517911 as provided in the Pre-Solicitation Notice HSCG79-10-I-123456 to 541519. The decision to change the NAICS was based on responses to the Pre-Solicitation Notice and concerns that NAICS 517911 was not the appropriate code for these types of services.

Multiple Award IDIQ Contracts will be awarded to up to three (3) small business companies. The ordering period for all task orders issued under these ID/IQ contracts will be 60 months. Multiple Award Task Orders will be issued under the IDIQ Contracts as Firm-Fixed Price Task Orders.

The Indefinite Delivery/Indefinite Quantity (IDIQ) Contract Performance Work Statement (PWS) is hereby attached as a separate document (Attachment 1) for all products/services to be provided under this requirement.

Product or Service Description:

The contractor is required to have the knowledge, experience and an understanding of Federal government security regulations, policies, and procedures governing Windows operating systems, Microsoft Windows Server 2008 enterprise server operating system, Microsoft Exchange Server 2003 email server and Microsoft Professional Office 2007 Suite. Contractor shall implement and utilize industry standards and non-proprietary tools that support Information Technology (IT) Security Management Services on the classified and unclassified IT infrastructure. This includes tools available under Enterprise License Agreements (ELAs) as identified in the PWS. The Contractor will work with the USCG IA representatives to provide support to assist the United States Coast Guard (USCG) in one or more of the areas of CGCIRT, C&A, Secure Communications, and IA related training to the USCG IA Division with the necessary service support to assist the United States Coast Guard (USCG) in one or more of the technical areas of Coast Guard Computer Incident Response Team (CGCIRT), C&A, Information System Security (ISS), SECCOMMS and IT Security training. The Contractor shall provide technical and security management services for the area of CGCIRT to include network administration, information systems security and systems security analysis; C&A, conduct IT evaluations and assessments, and perform documentation support services for the area of C&A; provide TEMPEST Field Technical Authority (FTA) support for the area of SECCOMMS; and related IA training support in all areas. Tasks shall be performed to address the protection of all USCG systems and information they contain, which shall include the USCG IT infrastructure directly and indirectly connected systems.

All required USCG IA project management, and support services required will be described in the IDIQ’s performance work statement. The IDIQ Contract will include a full range of technical services necessary to manage, operate, and maintain the CG’s IT security network infrastructure. The IDIQ will not preclude the use of other contracting vehicles to meet specific CG needs. The Contractor may play a support role in the capacity of subject matter expert, none of the information or technical support services provided under the IDIQ which entails activities that require either the exercise of discretion in applying CG authority, or the making of value judgment decisions for the CG.

The following technical services are required to support the USCG IA Division:

· CGCIRT: The Contractor shall provide technical and security management services to the CGCIRT. The services shall include providing network security administration and systems security analysis. The Contractor shall support CGCIRT in the development of work schedule to ensure there is full coverage of watchstanders 24x7x365. The Contractor shall provide continuous monitoring of firewall logs, Intrusion Detection System (IDS), Host Based Security System (HBSS), and systems logs.

· Secure Communications: The Contractor shall provide TEMPEST Field Technical Authority (FTA) support for the area of Secure Communications Services and maintain TEMPEST files for all CG afloat, Ashore and aviation units.

· Information Systems Security: The Contractor shall provide support as an Information System Security Assistant (ISSA) or Information Systems Security Officer (ISSO), make draft recommendations to the Information System Security (ISS) policy, analyze and implement the Information Operations Condition (INFOCON) levels in order to maintain the USCG’s connectivity to the Global Information Grid (GIG).

· C&A Documentation Support: In accordance with DHS Management Directives 4300A (Series) and 4300B (Series), Special Publication 800-37, Guide for the Security Certification and Accreditation of Federal Information System and DODI 8510.bb, Defense Information Assurance Certification and Accreditation Program (DIACAP), the Contractor shall provide services in support of Certification and Accreditation. In addition to providing these services, the Contractor shall also provide the findings and supporting documentation to complete security certification and security accreditation packages.

· IA Training Support: The Contractor shall support the USCGin providing training in the areas of Information Systems Security (ISS) and related Information Assurance training programs.

SECTION B: SUPPLIES AND SERVICES

B.1 LABOR CATEGORIES AND LABOR RATES CONTRACT LINE ITEMS:

This contract schedule consists of labor line items priced on an Indefinite Delivery, Indefinite Quantity basis. The Contractor shall provide all services necessary to perform Task Orders in accordance with the Performance Work Statement (PWS). The Firm-Fixed Price (FFP) and Other Direct Costs (ODCs) (Travel) table below represents all CLINS. The fully-burdened labor rates are inclusive of all contract prices, except for Other Direct Costs (ODCs). ODCs will be incorporated into individual task orders that are issued under this contract.

The Contract Line Item Number (CLIN) structure shall consist of three (3) CLINs per year for a five year period of performance. Offerors shall use Attachment II – Pricing Table to provide pricing for the CLINs provided below:

*Note: All Task Orders shall be issued on a Firm-Fixed Price basis.

*Note: The Not-To-Exceed Cost Reimbursable ODC estimate for the five year ordering period under this IDIQ is estimated at $25,000.00. The annual NTE ODC estimate of $5,000.00 is included for price evaluation purposed only. Other than detailed in Section B.1 and Attachment II, Offerors shall not propose ODC costs.

*Note: The Not-To-Exceed Cost Reimbursable Travel estimate for the five year ordering period under this IDIQ is estimated at $375,000.00. The annual NTE Travel estimate of $75,000.00 is included for price evaluation purposes only. Other than detailed in Section B.1 and Attachment II, Offerors shall not propose travel costs.

B.1.1 Minimum Dollar Guarantee and Maximum Contract Limitation The Information Technology Security Management Services’ Contract will possess a minimum contract value of $25,000.00 and a maximum contract value of up to $60 million. However, no more than a total of $60 million will be obligated under the IDIQ contract, defined as the total summation of orders issued during the life of all Technology Security Management Services’ IDIQ contract. The ordering period is 60 months from the date of award.

B.2 PERFORMANCE WORK STATEMENT.

The Contractor shall perform work as discussed generally in section (IDIQ PWS), and detailed work performed under each Task Order (TO) issued. This contract is being entered into pursuant to FAR 12 – Acquisition of Commercial Items/Services. The NAICS Code for this procurement is 541519 Tasking under the Information Technology (IT) Security Management Services Firm-Fixed-Price IDIQ Contract will address all requirements and technical capabilities necessary to provide C4IT Service Center IT Information Assurance Security Management Support services to support the full range of C4IT IT Information Assurance Security Management support activities.

B.3 PRICING

CONTRACT IDIQ MINIMUM AND MAXIMUM VALUE

The minimum and maximum values of this IDIQ contract are $25,000.00 and $60 Million respectively.

B.5 Year 1 Ordering Period CLINS 00001-00002

Year 1 Ordering period is date of award through 29 February 2012

B.5.B Year 2 Ordering Period CLINS 10001-10002:

Year 2 Ordering period is 1 March 2012 through 28 February 2013

B.5.C Year 3 Ordering Period CLINS 20001-20002:

Year 3 Ordering period is 1 March 2013 through 28 February 2014.

B.5.D Year 4 Ordering Period CLINS 30001-30002:

Year 4 Ordering period is 1 March 2014 through 28 February 2015

B.5.D Year 5 Ordering Period CLINS 40001-40002:

Year 5 Ordering period is 1 March 2015 through 29 February 2016

B.6 TASK ORDER COMPLETION:

All task orders issued under this IDIQ contract must be completed within 365 days of expiration of contract or the specified task order period of performance.

B.7. PLACE OF PERFORMANCE

The performance location of each Task Order will be specified at the time that the Task Order is issued.

SECTION C: CONTRACT CLAUSES

C.1 FAR Clause 52.212-4 Contract Terms and Conditions—Commercial Items.(June 2010)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

C.2 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2011)

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

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

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

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

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

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

[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. 253g and 10 U.S.C. 2402).

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

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

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

___ (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

___ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

___ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (9) [Reserved] _X_ (10) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

_X_ (ii) Alternate I (Oct 1995) of 52.219-6.

_X_ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (11) (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.

_X_ (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

___ (13) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)

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

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

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

_X_ (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

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

___ (16) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

___ (17) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (18) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X_ (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (22) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (24) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (25) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X_ (26) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (27) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

___ (28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (29) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (30) (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.)

_X_ (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

_X_ (32) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

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

_X_ (33) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O. 13513).

_X_ (34) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

_X_ (35) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

_X_ (ii) Alternate I (Jan 2004) of 52.225-3.

_X_ (iii) Alternate II (Jan 2004) of 52.225-3.

_X (36) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (37) 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).

___ (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (40) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (41) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (42) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (43) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (44) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

_X_ (45) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (46) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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

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

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

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

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

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d)

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

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

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

(e)

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

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

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

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

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

(C) 52.219–8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

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

(L) 52.222–54, Employment Eligibility Verification (Jan 2009).

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

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

C.3 FAR Clause 52.252-2 Clauses Incorporated by Reference (Feb 1998)

In addition to other parts of Section C, this contract incorporates one or more clauses, shown in the table below, by reference, with the same force and effect as if they were given in full text. The full text of a clause can be accessed electronically at: http://www.acqnet.gov/far.

C.4 52.216-18 Ordering (OCT 1995)

a. Any services to be furnished under this contract shall be ordered by issuance of task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 60 months from the date of award (Dates will be established at the time of contract award)

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

c. If mailed, a 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.

C.5 FAR 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to the expiration of the contract.

C.6 Review of Deliverables

Deliverables shall be specified in each Task Order. Each individual TO will state the deliverable review process and the time allotted for the review of the deliverable(s). If the Coast Guard does not respond within the time period specified, the Contractor shall notify the Contracting Officer, Contracting Officer Representative, and the Task Order Contracting Officer Representative in writing.

C.7 Deliverables (If Specified In a Task Order)

a. All applicable deliverables, their required delivery dates, and destination of delivery will be specified in each task order issued under this contract. The schedule for completion of work to be performed under this contract will be delineated in each task order issue under this contract, as applicable.

b. All deliverables submitted in electronic format shall be free of any known computer malware or defects. If a virus or defect is found, the deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus.

c. In the event the Contractor anticipates difficulty in complying with any contract-level delivery schedule, the Contractor shall immediately provide written notice to the Contracting Officer, Contracting Officer Technical Representative, and Task Order Contracting Officer Technical Representative. Each notification shall give pertinent details, including the date by which the Contractor expects to make delivery, provided that this data shall be informational only in character and that receipt thereof shall not constitute a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this contract.

C.8 Accounting and Appropriation Data.

Accounting and appropriation data for obligations under the contract will be set forth on individual TOs.

C.9 DHS HSAR 3052.242-72 Contracting Officer’s Representative (DEC 2003)(Tailored)

a. The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract and task orders such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or the issuance of a task order, not less than five working days prior to giving the Contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

b. The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

C.10 Unauthorized Work

The Contractor is not authorized at any time to commence task order performance prior to issuance of a signed task order and/or other written approval provided by the Contracting Officer to begin work.

C.11 Task Order Process

This IDIQ contract is not a mandatory use contract for Coast Guard, it is anticipated that the Contractor’s services shall be obtained on an as-needed basis, through the issuance of Task Orders. The Contractor shall perform the required effort for these services, within CONUS or OCONUS, throughout the term of this contract. Issued task orders will identify the services required; provide specific technical details (including the schedule for all deliverables and the identification of any applicable Government-Furnished Property (GFP), Government-Furnished Information (GFI) and/or Government furnished workspace.

C.12 Task Order Request for Proposal (Task Order Request for Proposal) Process

1. A Statement of Work for a proposed task order will be furnished to the successful Contractor(s) along with a request for a technical and price proposal. The request will state that the task order is to be fixed priced. The due date will be set forth in each proposal request. The price for each task order shall be determined based on the estimated level of effort required to perform the work and either the prices or rates set forth in the Pricing Schedule or the estimated prices.

2. If requested, technical proposals stating compliance or exception to requirements, risks, assumptions and conflict of interest issues will be provided. Responses will be streamlined and succinct to the extent practical based on the estimated dollar value and complexity of the work. Proposals shall not merely restate SOW requirements. Proposals may address:

1. Program Management Plan, Past Performance, etc.;

2. Key Personnel Assigned;

3. Quantities/Hours of Personnel by Labor Categories;

4. Period of Performance;

5. Government-Furnished Information (GFI) and/or access to Government-Furnished software licenses;

6. Security (including clearance level);

7. Subcontractors and their roles (by Subcontractor); and

8. Other Pertinent Data

3. A written price proposal shall always be required. This part of the proposal shall include detailed price amounts of all resources required to accomplish the task. The level of detail required shall be primarily based on the task order planned for use, as further discussed below. Bases of Estimates (BOE) may be needed for proposals.

4. Travel: Proposed travel (if applicable) broken out into number of trips, number of travelers, and duration of trip (including transit time) for each destination. Cost detail shall be shown for all items, including commercial transportation, daily per diem rates, personal mileage, daily car rental, etc.

5. Other Direct Cost: An explanation and basis shall be provided for each item of "Other Direct Costs" proposed, such as materials, reproduction costs, and proposed travel, etc.

6. Evaluation criteria will be established at the time the requests for proposals are requested.

7. The Contractor shall assume all costs associated with the preparation of proposals for task order awards under the fair opportunity process as an indirect charge.

C.13 Submission and Labeling of Deliverables

Unless otherwise specified in the task order, all non-electronic deliverables shall be submitted to the COTR. All electronic deliverables shall be submitted via email to the assigned COTR.

While performing work under this contract, the Contractor shall NOT label any information produced and submitted in a way that would restrict the Government's right to use or release the information. If applicable, the Contractor shall include a legend that identifies sensitive data that should not be released for security reasons. Under FAR Clause 52.227-14, this information may be used for any purpose the Government deems appropriate. Deliverables provided shall not contain vendor-specific logos or mottos. The Contractor shall not use U.S. Government logos without the written permission of the Contracting Officer.

C.14 Data to be Delivered

a. Any working papers, interim reports, data given by the government, first produced by the Contractor under the contract, collected or otherwise obtained by the Contractor under the contract, or results obtained or developed by the Contractor (Subcontractor or consultants) pursuant to the fulfillment of this contract are to be delivered, documented, and formatted as directed by the Contracting Officer at any time during performance of the IDIQ contract or Task Order(s).

b. In addition, information and/or data held by the Contractor in relation to the operation of their business and/or…