HSCG80-10-R-P45GK4 SOLICITATION.doc

HSCG80-10-R-P45GK4 5 of 47

WMEC 270 “A&B CLASS”

DOCKSIDE REPAIRS

NOTICE FOR FILING AGENCY PROTESTS

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

Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the 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 at 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. This will not preclude re-filing of the protest to meet the requirement. 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 forwarded to the address below:

Commandant (CG-9131) U.S. Coast Guard Headquarters

Procurement Planning & Oversight Division

1900 Half St. SW, JR11-0203

Washington, DC 20593 Telephone: (202) 372-3692

Fax: (202) 475-3904

Commander

U.S. Coast Guard

Surface Forces Logistics Center

CPD-C&P1-MEC

300 East Main Street, Suite 500

Norfolk, VA 23510

REQUEST FOR PROPOSALS

HSCG80-10-R-P45GK4

INTENTIONALLY LEFT BLANK TO INSERT SF-33 – THIS PAGE WAS INTENTIONALLY LEFT BLANK TO INSERT STANDARD FORM 33 ATTACHED.

SCHEDULE OF SUPPLIES & SERVICES (SOS&S)

270 DOCKSIDE AVAILABILITY IDIQ - 2011, BASE YEAR

Total Price of Definite Items

Total Price of Option Items

Total Price of Definite and Option Items

SCHEDULE OF SUPPLIES & SERVICES (SOS&S)

270 DOCKSIDE AVAILABILITY IDIQ - 2012, Year 2

Total Price of Definite Items

Total Price of Option Items

Total Price of Definite and Option Items

SCHEDULE OF SUPPLIES & SERVICES (SOS&S)

270 DOCKSIDE AVAILABILITY IDIQ - 2013, Year 3

Total Price of Definite Items

Total Price of Option Items

Total Price of Definite and Option Items

SCHEDULE OF SUPPLIES & SERVICES (SOS&S)

270 DOCKSIDE AVAILABILITY IDIQ - 2014, Year 4

Total Price of Definite Items

Total Price of Option Items

Total Price of Definite and Option Items

SCHEDULE OF SUPPLIES & SERVICES (SOS&S)

270 DOCKSIDE AVAILABILITY IDIQ - 2015, Year 5

Total Price of Definite Items

Total Price of Option Items

Total Price of Definite and Option Items

SECTION C. DESCRIPTION/SPECIFICATIONS

SEE ATTACHED SPECIFICATIONS:

WMEC 270 “A&B CLASS” MEDIUM ENDURANCE CUTTERS FOR ROUTINE DOCKSIDE REPAIRS (Rev. 1, Dated 28 April 2010)

SECTION E. INSPECTION AND ACCEPTANCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):http://farsite.hill.af.mil/vffar1.htm

(End of clause)

52.246-4 -- Inspection of Services -- Fixed-Price 52.246-16 -- Responsibility for Supplies

Except as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to the contract quality requirements.

Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract.

The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation.

SECTION F. DELIVERIES OR PERFORMANCE

The WMEC 270 “A&B Class” dockside repairs will be performed at each vessel’s homeport shown in the abstract below:

The performance period is fifty-six (56) days after receipt of each order, but is subject to increase or decrease based on the items and quantities in each delivery order.

SECTION G. CONTRACT ADMINISTRATION DATA

G.1 TRAVEL & PER DIEM

Travel and Per Diem will be evaluated and negotiated prior to the issuance of each individual delivery order.

G.2. INVOICE REQUIREMENTS

(a) The Contractor shall be paid according to the rates and prices specified in Section B.

(b) All invoices must be processed through the Point of Contact for certification as to their correctness and as to the requested items, quantities and hours expended.

(c) Each invoice or on accompanying documents the contractor shall itemize, by CLIN, effort incurred and related charges in date sequence.

(d) For purposes of payment under the Prompt Payment Clause, the period for the Government to process Contractor's invoice begins with the receipt of a proper invoice at the designated billing office.

(e) For purposes of this agreement, a proper invoice must also include the following items:

(1) Name and address of the Contractor

(2) Invoice date

(3) Description, Contract Line Item Number, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(4) Contractor’s Invoice Number

(5) Contractor’s Data Universal Numbering System (DUNS) Number

G.3. INVOICING AND PAYMENT INFORMATION FOR CONTRACTORS

All Coast Guard vendors must be registered in the Central Contractor Registration (CCR) system to receive payments. For more information on CCR and to register on-line, simply visit the CCR website; at http://www.ccr.gov or call the US Coast Guard Finance Center Customer Service line at (757) 523-6940. See also FAR Clauses 52.204-7, Central Contractor Registration, and 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration.

The Data Universal Numbering System (DUNS) number is the primary identifier in CCR. Contractors are located and identified in CCR by their DUNS number. Therefore, to facilitate payment, it is in the contractor’s best interest to ensure the DUNS number is recorded on every invoice submitted to the US Coast Guard.

G.4. BILLING OFFICE

(a) For U.S. Coast Guard issued task orders, contractors shall forward their invoice for payment as follows:

(i) Send original invoice with supporting information to the U.S. Coast Guard OSC/COTR for the project at the address specified in Block 6 of the task order; and

(ii) Send a complete copy to the issuing office indicated in Block 5 of the task order.

G.5. PAYMENT OFFICE

(a) For U.S. Coast Guard issued delivery orders, payment will be made by Commander, USCG Finance Center, 1430A Kristina Way, Chesapeake, VA 23326-0324.

G.6. INVOICING PERIOD

All requests for payment shall be invoiced and received by the designated billing office within 60 calendar days after completion of services. In the event the contractor is unable to submit final billing within this period, the contractor shall notify the Contracting Officer, in writing, as to the reason it cannot be done and the anticipated date final billing shall occur.

G.7. ADMINISTRATION

This Contract is administered by:

Arlene Woodley, Contract Specialist Commander, U.S. Coast Guard Surface Forces Logistics Center (MECPL) 300 East Main Street, Suite 550 Norfolk, VA 23510-9113

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1. The Government shall not be obligated to pay the Contractor any amount in excess of the ceiling price set forth in the order for performance, and the Contractor shall not be obligated to continue performance, if to do so, would exceed the ceiling price unless and until the Contracting Officer shall have notified the Contractor in writing that such ceiling price has been increased.

H.2. Required Insurance The Contractor shall, at its own expense, procure and maintain the following kinds of insurance with respect to performance under the contract. In accordance with HSAR 3052.228-70, Insurance (DEC 2003), the Contractor shall furnish the Contracting Officer with proof of insurance for the duration of the contract, including:

1. Ship Repairer's Liability - $500,000 per occurrence.

2. Comprehensive General Liability - $500,000 per occurrence.

3. Full insurance coverage in accordance with the United States’ Longshoremen's and Harbor Worker's Act.

4. Full insurance coverage in accordance with the State's Workmen's Compensation Law (or its equivalent) for all places of performance under this contract.

The insurance certificate must provide the name of the US Coast Guard vessel and the contract number as specifically insured.

H.3. Growth Work

(a) The Contractor shall not perform growth work without the Contracting Officer's authorization. Growth work is work within the scope of the contract, which has not been previously priced as a pre-priced CLIN. The Contracting Officer reserves the right to contract for growth work on the basis of a negotiated, firm, fixed price, when it is in the best interest of the Government. If a firm-fixed price contract is awarded, and during the performance period a repair within scope is identified but the Contracting Officer and Contractor are unable to agree on the cost of the work, a bilateral modification may be incorporated into the contract using a Time and Materials modification for this specific repair. In this situation, FAR 52.212-4, Alternate I, will be incorporated.

(b) The Contractor shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer, of any proposal submitted for a contract modification. Unless otherwise directed, the breakdown shall be submitted on an MLCA 002 proposal form provided at the arrival conference permitting an analysis of all materials, labor, equipment, subcontract, overhead costs, and profit covering all work involved in the change/modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the proposal includes a request for a time extension, justification shall be furnished with the proposal.

(c) This clause is to be used in conjunction with the clause COMPOSITE LABOR RATE incorporated into this solicitation. The Contractor is required to have and/or furnish all tools and equipment incidental to each bench trade. Supplies such as wiping rags, hacksaw blades, sandpaper, welding wire, helium, etc., are also to be furnished by the Contractor. Other materials are to be charged at regular rates and prices currently in effect and as agreed to by the Contracting Officer. Material shall be best commercial quality available except where a precise specification is indicated in which case the specification shall apply, e.g., MILSPEC, FEDERAL SPEC.

H.4. Composite Labor Rate

The composite labor rate offered shall be the sole labor hour rate used to price the prime Contractor's direct labor hours for contract changes, i.e. growth work. The Contractor shall not receive any compensation in addition to this rate for the prime Contractor's direct labor associated with such changes under this contract.

(a) The composite labor hour rate shall represent total compensation for the following:

(1) direct labor wages and salaries;

(2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;

(3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;

(4) all indirect costs such as overhead and general and administrative expense;

(5) any port or association fees, rents, or other levies;

(6) profit (fee); and

(7) all direct and indirect costs and profit associated with the following support functions:

Supervision and Management Planning and Estimating

Material Handling Housekeeping

Engineering Transportation/Drivers

Quality Assurance Contract Administration

Security Testing

(b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated.

(c) The Quantity of Composite Labor hours indicated in the Schedule of Supplies/Services, is only an estimate and is an Optional Item pursuant to this solicitation. The Estimated Quantity represents the Government’s best estimate of the total number of additional hours that may be required throughout the contract. The Government may elect to exceed this value at the prices stated in the schedule and its discretion during performance of the contract. The inclusion of this item does not obligate the Government to exercise the item nor entitle the Contractor to compensation if not exercised.

H.5. Maintaining, Reporting and Disposing of Government Property in the Performance of a Ship Repair Contract

1. The Government Property Clause incorporated by reference delineates the Contractor's overall responsibility when taking possession of Government property in performance of a contract. In performance of this contract the Contractor will be required to properly identify, track and control property within its possession. This includes, a) property furnished by the Government (GFP) to the Contractor in conjunction with specific CLIN Items. These items and their values are listed in the specification, b) property that is pre-existing in a location that during the course of performance will be replaced or renewed.

2. The items listed in the specification, as Government furnished property will be provided in the quantities designated. Government furnished property may be provided in person by an official Coast Guard employee, shipment via commercial carrier, etc. The Contractor shall sign for all Government furnished property using either a DD Form 1149, entitled, “Requisition and Invoice/Shipping Document” or a DD Form 1348, entitled, “Issue Release/Receipt Document”. A copy of the DD 1149 or DD 1348 must be sent within 48 hours of receipt of property, to the designated Government Property Administrator. The name of the individual assigned as Property Administrator will be furnished to the Contractor at time of award. The Contractor shall not take receipt of property that is not listed in the specification, has not been previously identified as becoming part of the contract (via contract modification) or which otherwise cannot be identified. Such irregularities shall be immediately reported to the Property Administrator.

3. The Contractor shall complete the report provided herein, entitled, “Government Property Report”. This report is intended as a living document whereby relevant fields shall be filled in, maintained and kept current at all times. All property described in paragraph 1(a and b) above shall be reported on the report. At contract completion the Contractor and the Property Administrator shall ensure that all fields are appropriately completed. A signature block is provided at the end of the report for both parties to attest to the report's accuracy and completeness. The Government Property Report shall clearly delineate the complete track that all Government property took over the course of the contract. This completed report must accompany the Contractor's final invoice. Final payment may be delayed, without penalty of interest, until such time as the report is received. A separate copy of the completed report and any final DD 1149s or DD 1348s executed, as a result of carrying out disposition instructions shall be provided to the Property Administrator.

4. Pursuant to the Government Property Clause the authority to render disposition instructions of Government property associated with this contract is delegated to the Property Administrator. The Contractor shall comply with all instructions in the contract for the return of Government property to the Coast Guard. This includes Government property taken off the vessel (shafts, propellers, etc.), Government property returned to the vessel (special tools, etc.) or surplus Government property not used during performance of the contract.

H.6. Contracting Officer’s Authority No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

H.7. Contractor Performance Evaluation

The resultant Contractor's performance will be evaluated throughout the contract period for inclusion into a Contractor Performance Report (evaluation) by the end user(s) for use by this agency and other Government agencies on future source selection award decisions. The report will be completed by the assigned Contracting Officer’s Technical Representative (COTR) at the completion of the contract. Upon review by the Contracting Officer, the results will be provided to the Contractor who will be given a period of thirty days to review and provide comments. Contractor comments will be reviewed and considered by the Contracting Officer. In the case of a contract with option years, an interim report will be completed on the anniversary date of the contract each year. The areas to be evaluated are:

Quality of Product or Service

Meeting SDB Subcontracting Requirements (as applicable)

Cost Control (as applicable)

Subcontractors

Timeliness of Performance

Contractor Manager/Principal Investigator

Business Relations

Overall Comment

Each area will be evaluated using the following adjectival scale: Outstanding (5), Excellent (4), Good (3), Fair (2), Poor (1), and Unsatisfactory (0).

The performance evaluation process will be accomplished by all participants electronically using the Contractor Performance Assessment Reporting System (CPARS) via the Internet. The CPARS is an all-inclusive system with many built-in levels of security designed to safeguard your performance evaluation throughout the entire process. Unless already registered, the Contractor is required, upon award, to register with CPARS. To do so, the Contractor shall go to https://www.cpars.csd.disa.mil. In order to ensure that the Contracting Officer provides the correct person electronic access to the performance evaluation report for review and comment, the Contractor shall provide to the Contracting Officer, (1) the primary Contractor representatives name, e-mail address, telephone number and unique identifier and (2) the secondary Contractor representatives name, e-mail address and telephone number. This information must be relayed to the Contracting Officer exactly as provided at time of CPARS registration. The Contracting Officer will contact the Contractor for this information, upon award. The Contractor will receive a system generated e-mail notification when the performance evaluation for this contract is ready for review. The Contractor will access the Contractor Module of the system, review the evaluation and submit desired comments. The notification e-mail will contain instructions for the Contractor’s Representative to log in with his or her unique ID in order to obtain a personal identification number (PIN). The PIN may be used to access this Contractor’s evaluation only, and will be deactivated after the evaluation has been reviewed and comments have been submitted. The Contractor should be mindful that the system provides thirty days to electronically submit comments.

If no comments are received during the thirty-day period, the system will automatically set the evaluation to completed status and will incorporate a statement to the effect that no comments were received within the time limit. The fully completed report is automatically sent to the Contractor by the system for viewing and may, at that time, be printed. The Contractor is encouraged to visit https://www.cpars.csd.disa.mil , CPARS Info, Contractor Information, to become familiar with the system and the on-line Contractor User’s Manual. CPARS charges the Coast Guard a usage charge, per user, based on time spent in the system. Therefore, promptly log off the system when not in use.

H.8. Contract Deficiency Report

The Contracting Officer or Contracting Officer’s Technical Representative (COTR) may issue a Contract Deficiency Report (CDR), MLCA Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COTR. The COTR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor, SFLC (vr), the NESU and Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COTR in writing.

SECTION I. CONTRACT CLAUSES

FAR 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 address: http://www.arnet.gov/far/index.html

Alternate I (JUL 1995)

52.202-1 Definitions. (Jul 2004)

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR, after the FAR Appendix.

(End of clause)

52.203-3 Gratuities (Apr 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative --

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled --

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of Clause)

52.203-5 Covenant Against Contingent Fees. (Apr 1984)

a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) “Bona fide agency,” as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

“Bona fide employee,” as used in this clause, means a person, employed by a contractor and subject to the contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

“Contingent fee,” as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

“Improper influence,” as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

(End of Clause)

52.203-6 Restrictions on Subcontractor Sales to the Government. (Sep 2006)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

(End of Clause)

52.203-7 Anti-Kickback Procedures. (Jul 1995)

(a) Definitions.

“Kickback,” as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

“Person,” as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

“Prime contract,” as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

“Prime Contractor” as used in this clause, means a person who has entered into a prime contract with the United States.

“Prime Contractor employee,” as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

“Subcontract,” as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

“Subcontractor,” as used in this clause,

(1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and

(2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

“Subcontractor employee,” as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from --

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)

(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may

(i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or

(ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $100,000.

(End of Clause)

52.204-1 Approval of Contract. (Dec 1989)

This contract is subject to the written approval of The Chief, CPD, C&P-1 and shall not be binding until so approved.

(End of clause)

52.211-5 Material Requirements (Aug 2000)

(a) Definitions. As used in this clause --

“New” means composed of previously unused components, whether manufactured from virgin material, recovered material in the form of raw material, or materials and by-products generated from, and reused within, an original manufacturing process; provided that the supplies meet contract requirements, including but not limited to, performance, reliability, and life expectancy.

“Reconditioned” means restored to the original normal operating condition by readjustments and material replacement.

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

“Remanufactured” means factory rebuilt to original specifications.

“Virgin material” means--

(1) Previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore; or

(2) Any undeveloped resource that is, or with new technology will become, a source of raw materials.

(b) Unless this contract otherwise requires virgin material or supplies composed of or manufactured from virgin material, the Contractor shall provide supplies that are new, reconditioned, or remanufactured, as defined in this clause.

(c) A proposal to provide unused former Government surplus property shall include a complete description of the material, the quantity, the name of the Government agency from which acquired, and the date of acquisition.

(d) A proposal to provide used, reconditioned, or remanufactured supplies shall include a detailed description of such supplies and shall be submitted to the Contracting Officer for approval.

(e) Used, reconditioned, or remanufactured supplies, or unused former Government surplus property, may be used in contract performance if the Contractor has proposed the use of such supplies, and the Contracting Officer has authorized their use.

(End of Clause)

52.216-4 Economic Price Adjustment – Labor and Material (Jan 1997) 52.216-18 Ordering (Oct 1995)

(a) Any supplies and service 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 January 6, 2011 through January 6, 2015.

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

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

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor 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 the highest dollar amount listed for a single CLIN listed in the Schedule of Supplies.

(2) Any order for a combination of items in excess of the total dollar amount listed for all items in the Schedule of Supplies, including composite labor rate total; or

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

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

(End of clause) 52.217-5 Evaluation of Options (Jul 1990) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.217-7 Option for Increased Quantity – Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.217-9 Option to Extend the Terms of the Contract (Mar 2000)

(a) The Government may extend the terms of this contract by written notice to the Contractor within 30 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,…