Comb_Synopsis_-_Solicitation_V10_final.docx

Combined Synopsis/Solicitation

HSCG79-16-R-PF8002

USCGC Healy and Polar Star VSAT System Bandwidth Services

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 or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests 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.

PART I –General Information

i. This is a combined Synopsis/Solicitation. This acquisition is being conducted as a 100% Small Business Set-Aside for commercial items or services prepared in accordance with the format in FAR Subpart 12 and FAR Subpart 16.505, Ordering, 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 HSCG79-16-R-PF8002, in accordance with FAR Parts 12, and 16 as well as 15.4 per 12.209, as a single award Indefinite Delivery Indefinite Quantity (IDIQ) contract to provide VSAT Bandwidth Services for the USCGC Healy and the USCGC Polar Star to the United States Coast Guard Electronics Support Unit (ESU) Seattle. This requirement is in support of the United States Coast Guard Command, Control, Communications Engineering Center (C3CEN) Command, Control, Communications, Computers and Information Technology Service Center (C4IT-SC).

ii. The Government intends to award a single award Indefinite Delivery- Indefinite Quantity (IDIQ) contract with firm fixed Price (FFP) delivery orders for VSAT Bandwidth Services for the USCGC Healy and the USCGC Polar Star for a period of five (5) years. The ordering period includes a one (1) year base period with 4- one (1) year option periods.

iii. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular: 2005-89.

iv. The North American Industrial Classification System (NAICS) number is 517410, Satellite Communications and the business size standard is $12.5 million or less in annual sales. The proposed acquisition is 100% reserved as a Small Business Set Aside. NIACS Code 517410, Satellite Telecommunications, is on the Small Business Administration’s (SBA) current list of Small-Business Non-Manufacturer Rule Class Waivers.

v. IDIQ CLIN Structure

The IDIQ Contract Line Item Number (CLIN) structure shall be for a 5 year ordering period in accordance with Attachment II – contractor Pricing Worksheet.

As specifically defined in each task order the Contractor shall provide bandwidth, preventive maintenance grooms, direct inward Dial (DID) phone lines, and travel for grooms, and all associated deliverables.

IDIQ CONTRACT Maximum Amount $1,500,000.00

vi. Description of Requirement: The Indefinite Delivery/Indefinite Quantity (IDIQ) contract Statement of Work (SOW) is hereby attached as a separate document (Attachment I). The specific products/services to be provided will be specifically identified in each task order.

The IDIQ contract will also be used to provide all labor, materials, equipment, and supervision necessary for the KU-band VSAT satellite bandwidth to support the CGC Healy and CGC Polar Star in the Pacific Ocean Region.

The successful contractor shall provide the following services and products to the USCG specifically indentified in the individual task orders and the IDIQ SOW (Attachment I). The general areas of support are as follows:

The U.S. Coast Guard (USCG), Base Seattle C4IT requires VSAT satellite communication system bandwidth services and network connectivity to provide 24/7 network and voice communications on the Icebreakers (WAGB) CGC Healy and CGC Polar Star.

Support, with satellite bandwidth services VSAT systems, shall include, but not be limited to the procurement of materials and equipment as prescribed for the following vessels:

· VSAT systems on the CGC Healy currently consist of:

· Ice Breaker outfitted with (2) SeaTel 6009 1.5 meter Ku Band Marine VSAT

· VSAT systems on the CGC Polar Star currently consist of:

· Ice Breaker outfitted with a (1) SeaTel 6009 1.5 meter Ku Band marine VSAT

Service must be compatible with the existing equipment:

· Codan 16-watt BUC

· JRC LNB

· DAC 2200 Antenna Controller Unit

· Avcom PSA-45D Spectrum Analyzer

· iDirect Evolution x5 modem

· Cisco 2811 switch

· SeaTel Arbitrator 133804

· Laptop running Windows OS/iSite and DAC Remote Panel software

Satellite Bandwidth With this contract, USCG Base Seattle C4IT intends to purchase iDirect managed space segments for the VSAT system, beginning no sooner than October 2016. Satellite bandwidth must be priced with a Raw BER of 10-6 and an annual availability of 99.95 percent for Ku band.

Ku-Bandwidth Base Seattle C4IT intends to purchase Ku-band, dedicated, private, iDirect managed space segment with unlimited use uplink/ downlink to be shared through an iDirect network on satellites providing coverage off the United States East and West Coasts, the Arctic and Antarctic, North Atlantic, and the Pacific Oceans, including the Bering Sea. This will include maximum commercially available coverage areas, including but not limited to: North Pacific and Southeast Pacific beams on 172E satellite, North American beam on 127W satellite, North Atlantic beam on 63W satellite, Northern Europe beam on 1W satellite, Caribbean beam on 115W satellite.

Initially, Base Seattle C4IT anticipates the ships will use bidirectional 256 or 512 Kbps ship-to-shore segment with options for increasing ship-to-shore bandwidth to 1024 kbps or 1536 bidirectionally. Contractor will be given a minimum of 30 days advance notice for any change in data rate.In times of national emergency or natural disaster, 30 days advance notice for increasing bandwidth will not be possible.

Base Seattle C4IT may have occasional need of additional Ku bandwidth of up to 2048 Kbps full duplex dedicated to a single ship, for periods of up to 30 days, with 30 days advance notice. This option may be exercised several times in a year and must be available throughout the region listed above as well as Puerto Rico and Hawaii.

Long Distance Telephone Services Contractor will provide long-distance telephone service on 2 telephone lines.

Phone calls via VSAT long distance to contractor tech support will be toll free.

Long distance charges will be based on rates from contractors switching equipment.

Monthly toll calls will be itemized and provided electronically in .xls or .csv format.

Earth-Station and Support

Earth-station and iDirect network hub used by the Contractor shall have redundant equipment in place and be ready for immediate recovery from failure. Any cutover to the redundant equipment shall be seamless to the customer and not require any network layer changes. The Contractor shall have direct control over the hub equipment to include the chassis, line cards, protocol processors and network management system to facilitate less than 24 hour replacement of hub parts as necessary. Earth-stations and alternates must be located in the United States.

Contractor shall have alternate Earth-station location available for recovery of network in case of catastrophic failure due to weather or disaster. Any cutover to the redundant hub shall be seamless to the customer and not require any network layer changes.

The Contractor shall provide seamless operation for Ku-band USCG ships. All ship ocean region transitions shall be seamless with minimal interaction required on part of USCG personnel. Any cutovers to different operating regions / satellites shall be seamless to the customer and shall not require any network layer changes.

The Contractor shall provide a 24 / 7 manned network operations center and iDirect system support to include:

Telephone and email support for resolving connectivity, bandwidth, and system configuration issues.

24 hours a day, seven days a week space segment and iDirect network management and control.

Email notification prior to any scheduled outages or as soon as possible before or after anticipated or actual outages due to weather or emergency maintenance.

Access to, and license for, any software and firmware upgrades, updates and patches.

24 / 7 available Level 2 support for RF and network / iDirect related issues.

The Contractor shall provide the Government with access to information about VSAT system performance, including bandwidth usage and availability, by ship and by fleet, updated in near real-time and viewable through a password secured website.

The Contractor shall provide yearly onsite equipment grooms to ensure effective system performance and accurate operation, including satellite tracking, antenna switching and proper blockage zones.

Options for both in-port grooms and underway equipment checks of up to 6 days total, not including travel, pro-rated per day of technician time.

Travel to and from groom location will be reimbursed at rates not-to-exceed JFTR rates for airfare, car rental, car rental fuel, and per diem (hotel and meals).

vii. Dates and place(s) of delivery, inspection and/or acceptance will be, unless otherwise identified in each task order, at Base Seattle, 1519 Alaskan Way S., Seattle, WA 98134-1102.

viii. The Provisions at FAR 52.212-1 – Instructions to Offerors – Commercial Items (OCT 2015) applies to this acquisition and is further tailored in PART V of this combined synopsis/solicitation.

ix. The Provision at FAR 52-212-2 – Evaluation- Commercial Items (OCT2014) applies to this acquisition and is further tailored in PART VI of this synopsis/solicitation.

x. Provision FAR 52-212-3 ALT 1, Offeror Representations and Certification – Commercial Items (July 2016) applies to this acquisition.

The offeror shall complete only paragraphs (b) of the provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of the provision. The full text of this provision is available at http://www.acquisition.gov/far or http://www.acqnet.gov/far.

xi. Clause 52-212-4, Contract Terms and Conditions – Commercial Items (MAY 2015) is applicable to this acquisition and additional addenda are contained herein.

xii. Clause 52-212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JUNE 2016) is applicable to this contract and is further clarified in PART III of this synopsis/solicitation.

xiii. Clause 52.211-9 Desired and Required Time of Delivery (JUNE 1997) is applicable and further clarified in PART III of this synopsis/solicitation.

xiv. Additional terms and conditions applicable to this acquisition are contained herein.

xv. The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition.

xvi. It is the offeror’s responsibility to ensure their offer is received (in total) by the proposal DUE DATE OF September 8,2016 by 5 p.m. Eastern Time. Offerors are hereby notified that if your proposal is not received by the date, time and location specified (see below) in this announcement, it will not be considered.

Proposals shall be emailed to the following addresses:

Pamela.M.Boscovich@uscg.mil Marilyn.S.Gray@uscg.mil

xvii. All questions shall be submitted on a PDF or Word document and submitted by email to the above addresses no later than 5:00 p.m. Eastern Time on or before September 1, 2016. Question submitted after the specified date run the risk of not being answered.

NOTE: The C4IT-SC, Contracting and Procurement shop has two contract support entities [BSC (Prime) and MAIC (Sub)] providing assisting in contract award and administration. These contract-support personnel may have access to your proposal submission, contract award information, and invoices for payment processing. Access is For Official Government Use Only: The contractor personnel do not make inherently governmental decisions and they are required to securely and confidentially handle all information that they have access to. Failure to express a specific exception to this practice will be taken as consent. Exceptions should be noted clearly and in BOLD on the front page of the offer submitted.

PART II – IDIQ Contract Specific Information

1. Place of Performance:

USCGC Healy & USCGC Polar Star Homeport: Base Seattle 1519 Alaskan Way S Seattle, WA 98134-1102

2. Delivery, Inspection and Acceptance As determined and specified in each task order

3. Accounting and Appropriation Data With the exception of the guaranteed minimum of $2,500, Accounting and appropriation data for obligations under the contract will be set forth on individual task orders.

4. Submission and Labeling of Deliverables Unless otherwise specified in the task order, all non-electronic deliverables shall be submitted to the Contracting Officer Representative (COR) and/or task order Point of Contact (POC) on an ‘F.O.B. Destination’ basis. Preservation, packing and packaging of ‘non-electronic’ deliverables for shipment shall be in accordance with standard commercial practices. All electronic deliverables shall be submitted via email to the assigned COR and task order POC and a notice of submission provided to the contracting office.

5. Employee Identification Contractor employees visiting USCG facilities shall provide two forms of photo identification. One shall be a contractor issued badge that includes contractor name, employee’s full name, and card expiration date and the other a standard government approved identification (e.g. driver’s license) in order to obtain a USCG visitor’s badge prior to entry. Contractor employees shall comply with escort rules and requirements at all times, identify themselves as contractors when their status is not readily apparent, and display a visitor’s badge above the waist in plain view at all times.

6. Employee Conduct Contractor employees shall present a professional appearance at all times and their conduct shall not bring discredit upon the USCG or the Department of Homeland Security. Contractor employees shall comply with all Occupational and Safety Health Administration (OSHA) safety requirements when visiting or working on government facilities and aboard USCG vessels or aircraft. The contractor employee shall not release any USCG personnel contact information or information concerning official unit business or operations.

7. Removing Employees for Misconduct or Security Reasons The USCG may, at its sole discretion, direct the contractor to remove any contractor employee from USCG or Department of Homeland Security facilities for misconduct or security reasons. Such removal does not relieve the contractor of the responsibility to provide sufficient qualified personnel that is required to execute the contract or any task orders issued under the contract. The Contracting Officer will provide the contractor with a written rationale for removal of the employee.

8. Removal from Project Access Should Contractor resources be removed from any task order awarded under this contract, the Contractor shall ensure, via coordination with the assigned COR and task order POC, that any and all Government property, such as identification badges, keys, information technology hardware and software, etc. in the possession of the individual(s) being removed or replaced is immediately (by close of business on the day of removal or replacement) returned to the Government or transferred to other parties replacing the removed individuals.

9. Government Furnished Data The Contractor shall be provided any Government-furnished data required to perform work described in task orders awarded under this contract. This data shall only be used to perform work required in task orders awarded under this contract. If this data is not delivered on schedule, or is unsuitable for its intended use, the Contractor shall immediately notify the Contracting Officer. The Government retains title to all Government-furnished data provided.

10. Restriction on Non-Privacy Act Data All data and information made accessible to the Contractor or its subcontractors in performing work under this contract that is not otherwise protected by the Privacy Act or Non-Disclosure Agreement (NDA) shall NOT be used or DISCLOSED by the Contractor for any purpose other than performance of work under this contract.

11. Billing The Contractor may submit an invoice upon completion of delivery order for all deliverables.

Submission of Invoices -Payment Instructions

Electronic submission of invoices is mandatory for this Order.

The Contractor shall prepare a proper invoice IAW FAR clause 52.212-4, and in addition to the information required by FAR 52.212-4(g) as cited in the contract. . Invoices will not be paid until after acceptance has been completed and verified by the COR. The Contractor shall maintain careful records and shall provide full documentation with all invoices. Invoices must include the information identified below to be accepted. Invoices not properly prepared will not be accepted for payment. All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment.

Invoices must include the following information:

· Name and address of the Contractor (the name on the invoice must match the name listed on the Order)

· Invoice date and number

· Contract number, Order number, and Contract Line Item Numbers (CLINs)

· Product/Service Name

· Quantity invoiced unit price and total price.

· Invoice date

· Period of Performance covered by the invoice

· Terms of any discount for prompt payment offered

· Name and address of official to whom payment is to be sent

· Name, title, phone number, and e-mail address of person to notify in event of defective invoice

· Taxpayer Identification Number (TIN) and DUNS Number

· Government signed Proof of Delivery.

Contractor Invoice Submission Form Directions: Please complete as much information as possible. All blocks in red text are required entries.

Note: Web-Invoices are accepted only for Coast Guard Contracts over the Simplified Acquisition Threshold (Document Type 24).

THIS WEB FORM IS NOT AN OFFICIAL INVOICE. THE OFFICIAL INVOICE MUST BE ATTACHED

Invoice Information

Discount Days: Net Days: (help)

Company Name: (help)

DUNS: Plus 4: (help)

Point of Contact Name: (help)

Point of Contact Email: (help)

Phone: (help) Fax: (help)

Please verify your entry on the next page. Attach invoice and any supporting documentation after verification.

· Attachment must be a single PDF file no larger than 3 MB. Grey-scale PDFs are not compatible. This will be our official invoice. Supporting documentation must be combined in the single PDF file or submitted to your contracting office separately via email.

· Need help creating a PDF file? Click here for instructions.

Bottom of Form

The Contractor shall submit the Contractor Invoice Submission Form, a PDF file of the invoice, and any necessary documents for supplies or services via the U.S. Coast Guard Finance Center website at: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this contract is TISCOM. Visit the U.S. Coast Guard Finance Center Website for instructions regarding invoice attachments: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

A copy of the invoice and any supporting documentation shall also be e-mailed to the Contract Specialist. In addition, the final invoice submitted under each awarded Delivery order, if any, shall be clearly marked and labeled as the final invoice. The final invoice shall be accompanied by a fully completed and signed (by the Contractor) DHS Contractor's Release form (DHS Form 700-3), which is located at Attachment 3.

12. Ordering:

The Contractor is not authorized to perform any work prior to the issuance of a task order signed by a warranted contracting officer. All warranted contracting officers of the USCG are authorized ordering officers. IAW FAR 52.216-18 (OCT 1995), services to be furnished under this contract shall be furnished at such times as ordered by the issuance of task orders by the contracting officer. All orders are subject to the terms and conditions of the contract. All subsequent task orders awarded against this IDIQ contract shall be firm-fixed price. This contract shall control in the event of conflict with any order.

Task orders shall be initiated by a RFP and pricing shall be IAW with Attachment II.

The Contractor’s proposal shall include, at a minimum, the following information on RFPs:

· Required labor category(s), labor hours, price per labor category (IAW Attachment II). The labor category(s) hours and labor hours shall be appropriate for task(s) being performed. If applicable, the rates shall be IAW the Service Contract Act.

· Period of performance.

· Any required government furnished resources not included in attachment I.

· The total proposed FFP including all labor, materials, and travel (IAW FAR 31.205-46).

Changed requirements, such as adding additional terms (actions already within the general scope of an existing order) shall have any equitable adjustment set through general principles of federal contract law applicable to changes and other equitable adjustment situations in FFP contracts. Changes in existing requirements will be implemented in accordance with the Changes clause of the master contract and accomplished through modification of a Delivery Order. Any modifications will be issued on a Standard Form 30 Amendment of Solicitation/Modification of Contract and may incorporate revisions to Orders that will clearly indicate the revisions.

Negotiation of bilateral agreements for new requirements is the preferred method; however, orders may be placed unilaterally by the Contracting Officer in unusual circumstances such as urgency. The unilateral order will specify a total estimated value/ceiling price and all other terms necessary for the Contractor to commence performance. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract in accordance with Disputes clause referenced in FAR 52.212-4

PART III – Clauses

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far; https://www.dhs.gov/acquisition-policies-regulations#

(End of clause)

Contract Clauses – Full Text 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Jun 2016)

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

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(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 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

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

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

___ (10) [Reserved]

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

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

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

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

___ (13) [Reserved]

___ (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.

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

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

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

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

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

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

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

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

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

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

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

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

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

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__(33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

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

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

___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

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

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

_X__ (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

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

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

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

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

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

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

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

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

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

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

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

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

(xi) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

FAR 52.216-18 – Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through Five (5) years (if option is exercised).

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

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

(End of Clause) FAR CLAUSE 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $300,000.00;

(2) Any order for a combination of items in excess of $375,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 Indefinite Quantity. (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months after expiration of ordering period..

(End of clause)

52.217-9 -- Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause)

52.227-14 -- Rights in Data – General.

Rights in Data -- General (May 2014) (ALT IV)

(a) Definitions. As used in this clause-- “Computer database” or “database” means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.

“Computer software”—

(1) Means

(i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and

(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.

(2) Does not include computer databases or computer software documentation.

“Computer software documentation” means owner’s manuals, user’s manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

“Data” means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

“Form, fit, and function data” means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating, and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software.

“Limited rights” means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of subparagraph (g)(2) if included in this clause.

“Limited rights data” means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications.

”Restricted computer software” means computer software developed at private expense and that is a trade secret; is commercial or financial and is confidential or privileged; or is copyrighted computer software, including minor modifications of the computer software.

“Restricted rights,” as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software.

“Technical data” means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation).