Solicitation HSCG84-12-Q-AAS217.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: HSCG84-12-Q-AAS217

The U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center (SILC) will acquire the services outlined in the solicitation utilizing procedures in FAR Part 12, Acquisition of Commercial Items and FAR Subpart 13.5, Test Program for Certain Commercial Items.

This solicitation is a Total Small Business set-aside in accordance with FAR Subpart 19.5. The NAICS code is 485510 (Charter Bus Industry) and the size standard is $7.0 million.

THE FOLLOWING INFORMATION IS HIGHLIGHTED FOR YOUR ATTENTION:

1. Carefully read and comply with all clauses and provisions.

2. You must submit ALL of the documents and information listed on pages 24-25 (FAR Provision

52.212-1, (b) Submission of Offers) to the below address or email address by the “Offer Due Date/Local Time” (SF-1449/Block 8) to be eligible for award. Also, see FAR Provision 52.212-2 (page 29) for Evaluation Factors.

• U.S. Department of Homeland Security

United States Coast Guard Shore Infrastructure Logistics Center, PCB-4 Attn: Christina Grimstead 300 East Main Street, Suite 965 Norfolk, VA 23510-9112

• Via e-mail to Christina.M.Grimstead@uscg.mil

3. All questions/concerns regarding this solicitation shall be submitted in writing to the Contract

Specialist at Christina.M.Grimstead@uscg.mil no later than December 8, 2011 3:00 PM Eastern.

Questions/concerns will be compiled and addressed on an “Amendment of Solicitation” (SF-30) and will be posted on the FedBizOpps website, after the due date for questions/concerns, for viewing by all potential offerors.

THE ABOVE IS NOT INTENDED TO BE ALL-INCLUSIVE. PLEASE READ THE

ENTIRE DOCUMENT TO ENSURE COMPLETION OF ALL REQUIRED

REPRESENTATIONS, CERTIFICATIONS, AND SUBMISSIONS.

ALL SOLICITATION AMENDMENTS MUST BE ACKNOWLEDGED IN WRITING.

mailto:Christina.M.Grimstead@uscg.mil

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 to:

COMMANDANT (CG-9131)

U.S. COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

2100 2ND ST SW STOP 7112

WASHINGTON DC 20593-7112

The Ombudsman Hotline Telephone Number is (202) 372-3695.

SOLICIT /CONTRACT/ORDER FOR COMMERCIAL ITEMS ATION

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG84-12-Q-AAS217

6. SOLICITATION

ISSUE DATE

11/28/2011

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Christina Grimstead

b. TELEPHONE NUMBER (No collect calls)

(757) 628-4116

8. OFFER DUE DATE/

LOCAL TIME

12/28/2011 03:00 PM, Eastern

9. ISSUED BY CODE 84

U.S. Department of Homeland Security United States Coast Guard Shore Infrastructure Logistics Center (SILC), PCB-4 Attn: Christina Grimstead 300 East Main Street, Suite 965 Norfolk, VA 23510-9112

Telephone: (757) 628-4116 Fax: (757) 628-4135

10. THIS ACQUISITION IS

UNRESTRICTED OR SET ASIDE 100% FOR:

SMALL BUSINESS WOMEN-OWNED SMALL

HUBZONE SMALL BUSINESS (WOSB)

BUSINESS ECONOMICALLY

SERVICE-DISABLED DISADVANTAGED

VETERAN-OWNED WOMEN-OWNED

SMALL BUSINESS SMALL BUSINESS (EDWOSB)

8(A)

NAICS: 485510

SIZE STANDARD: $7.0 Million

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

CONTINUED ON PAGE 2

16. ADMINISTERED BY CODE 84

United States Coast Guard (USCG) Shore Infrastructure Logistics Center (SILC), PCB

CONTINUED ON PAGE 2

17a. CONTRACTOR/ OFFEROR

DUNS:

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE 51800

U.S. Coast Guard Finance Center Chesapeake, VA

CONTINUED ON PAGE 3

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

*Payments will be made by Electronic Funds Transfer (EFT)*

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

BELOW IS CHECKED

SEE ADDENDUM: CONTINUED ON PAGE 3

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The USCG has a requirement for charter bus services for U.S. Coast Guard recruit transportation in accordance with the attached Statement of Work.

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

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN ONE (1) COPY(S) TO ISSUING OFFICE. CONTRACTOR AGREES TO

FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE __________________OFFER DATED

_______________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

30c. DATE SIGNED

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

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 3/2011)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

CONTINUATION SHEET FOR:

STANDARD FORM 1449

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Continuation of SF-1449 Block 15: Deliver To

Place of Acceptance on behalf of the Government: U.S. Department of Homeland Security, U.S.

Coast Guard, Shore Infrastructure Logistics Center (SILC), PCB, 300 East Main Street, Suite 965, Norfolk, VA 23510-9112.

Continuation of SF-1449 Block 16: Administered By (Contract Management)

Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The individuals listed below will be the Government points of contact during the performance period.

Contract Administration: The U.S. Department of Homeland Security, U.S. Coast Guard, Shore Infrastructure Logistics Center, PCB, 300 East Main Street, Suite 965, Norfolk, VA 23510-9112 will perform all contract administration. Communications pertaining to contractual administrative matters shall be addressed to one of the Contracting Officers (KO) listed below. Changes in, or deviations from, the statement of work or terms and conditions of the contract shall not be effected without written modification to the contract as executed by a USCG SILC PCB Contracting Officer.

Primary Contracting Officer: Janet M. Kodmon Telephone #: (757) 628-4115 E-Mail: Janet.M.Kodmon@uscg.mil Fax #: (757) 628-4135

Alternate Contracting Officer: Wendy J. Culbreth Telephone #: (757) 628-4824 E-Mail: Wendy.J.Culbreth@uscg.mil Fax #: (757) 628-4135

Alternate Contracting Officer(s): Any warranted USCG SILC PCB Contracting Officer

Contract Administrator (Contract Specialist): Serves as the point of contact between the Contractor and the Contracting Officer(s); however, this person does not have a warrant that provides the authority to contractually commit the Government.

Contract Specialist: Christina Grimstead Telephone #: (757) 628-4116 E-Mail: Christina.M.Grimstead@uscg.mil Fax #: (757) 628-4135

The Contracting Officer’s Technical Representative (COTR) is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within the scope of the contract. The COTR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the name of the COTR and the authorities and limitations of the COTR under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

mailto:Janet.M.Kodmon@uscg.mil mailto:Wendy.J.Culbreth@uscg.mil

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Continuation of SF-1449 Block 17b: Remittance Address

Payment will be made by Electronic Funds Transfer (EFT) to the financial institution listed in the Central Contractor Registration (CCR).

Continuation of SF-1449 Blocks 18a and 18b: Invoice Procedures

The Contractor shall forward an original invoice (or electronic invoice) and any necessary supporting documentation to the following designated billing office address, e-mail addresses, or fax number after services are ordered via a task order and provided by the contractor:

• U.S. Department of Homeland Security United States Coast Guard Shore Infrastructure Logistics Center, PCB-4 Attn: Judy Winkler

• Judy.L.Winkler@uscg.mil and Christina.M.Grimstead@uscg.mil

• Fax number (757) 628-4135 (Attn: Judy Winkler / SILC, PCB-4)

The Contractor shall submit a proper invoice as identified in FAR Clause 52.212-4, (g) Invoice. All invoices shall be itemized to correlate to the Schedule of Supplies/Services herein. Invoices shall be submitted on a monthly basis; only after completion of monthly services. All improper invoices will be rejected which could delay payment.

mailto:Judy.L.Winkler@uscg.mil

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Continuation of SF-1449 Blocks 19-24: Schedule of Supplies/Services

Contract Type The contract type is an Indefinite-Delivery Indefinite-Quantity (IDIQ) Contract with Firm-Fixed Unit Prices*. Task Orders will be issued in accordance with the contract when services are required. Task Orders will be issued on an Optional Form 347 (OF-347), “Order for Supplies or Services” (or other equivalent form). Individual Task Orders will specify the quantity ordered and the period of performance of the Task Order. The Contractor is not authorized to provide services prior to the issuance of a Task Order.

*Firm-Fixed Unit Prices shall include all costs to provide the services/supplies, which includes, but is not limited to, all applicable Federal, State, and local taxes and duties in accordance with FAR Clause 52.212-4(k), Taxes.

Estimated Quantities The quantities of supplies and/or services specified in the Schedule on page 5 are estimates only and are not purchased by this contract. The quantities needed may go up or down depending on the needs of the U.S. Coast Guard.

Contract Period of Performance (The dates below are anticipated and may change at time of award) Base Period: February 1, 2012 – January 31, 2013 Option Period One: February 1, 2013 – January 31, 2014 (if exercised by the Government) Option Period Two: February 1, 2014 – January 31, 2015 (if exercised by the Government) Option Period Three: February 1, 2015 – January 31, 2016 (if exercised by the Government) Option Period Four: February 1, 2016 – January 31, 2017 (if exercised by the Government)

The contract period of performance shall not exceed five years if all option periods are unilaterally exercised by the Government in accordance with FAR Clause 52.217-9; unless FAR Clause 52.217-8 is also unilaterally exercised by the Government to extend the contract for up to an additional 6 months.

Abbreviations The following abbreviation(s) are used in the “Schedule of Supplies/Services and Unit Prices.”

CLIN: Contract Line Item Number

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

HSCG84-12-Q-AAS217

Schedule of Supplies/Services and Unit Prices (The dates below are anticipated and may change at time of award)

Base Period: February 1, 2012 – January 31, 2013

CLIN Description Estimated Quantity Unit

Firm-Fixed Unit Price

Total Estimated Amount

00001 Bus Service - To/From Airport/Cape May 210

Each Bus

00002 Bus Service – Emergency or Disaster Evacuation 68

Each Bus

Option Period One: February 1, 2013 – January 31, 2014 (If Exercised by the Government)

CLIN Description Estimated Quantity Unit

Firm-Fixed Unit Price

Total Estimated Amount

10001 Bus Service - To/From Airport/Cape May 210

Each Bus

10002 Bus Service – Emergency or Disaster Evacuation 68

Option Period Two: February 1, 2014 – January 31, 2015

CLIN Description Estimated Quantity Unit

Firm-Fixed Unit Price

Total Estimated Amount

20001 Bus Service - To/From Airport/Cape May 210

Each Bus

20002 Bus Service – Emergency or Disaster Evacuation 68

Option Period Three: February 1, 2015 – January 31, 2016

CLIN Description Estimated Quantity Unit

Firm-Fixed Unit Price

Total Estimated Amount

30001 Bus Service - To/From Airport/Cape May 210

Each Bus

30002 Bus Service – Emergency or Disaster Evacuation 68

Option Period Four: February 1, 2016 – January 31, 2017

CLIN Description Estimated Quantity Unit

Firm-Fixed Unit Price

Total Estimated Amount

40001 Bus Service - To/From Airport/Cape May 210

Each Bus

40002 Bus Service – Emergency or Disaster Evacuation 68

“Source Selection Information—See FAR 2.101 and 3.104.”

https://www.acquisition.gov/far/current/html/Subpart 2_1.html#wp1145508 https://www.acquisition.gov/far/current/html/Subpart 3_1.html#wp1139280

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

Continuation of SF-1449 Blocks 26: Total Award Amount

Total Minimum Guarantee Amount: $5,000.00 (Subject to FAR Clause 52.232-18, Availability of Funds) The minimum guarantee amount will be satisfied by the issuance of the first task order once fiscal year 2012 funds are available and will not be obligated on this contract.

Total Not-To-Exceed Contract Ceiling: To be incorporated at time of award This contract does not obligate funds; task orders will be issued and will obligate funds when services are required by the U.S. Coast Guard. All task orders issued pursuant to this contract shall not exceed the Not-To-Exceed Contract Ceiling. The contract will remain in place and task orders may be issued in accordance with the contract until the Not-To-Exceed Contract Ceiling has been used in its entirety or until the contract period of performance ends, whichever occurs first. (Note: The contract period of performance ends if an Option Period is not exercised by the Government.)

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

STATEMENT OF WORK

Charter Bus Services for U.S. Coast Guard Training Center Cape May, NJ

1.0 INTRODUCTION

The U.S. Coast Guard is procuring charter bus services to and from the U.S.O. Lounge at the Philadelphia International Airport (PHL) and the U.S. Coast Guard, Training Center (TRACEN), Cape May, NJ. All services shall be performed in accordance with applicable state and federal regulations. The Contractor shall provide all of the services as set forth in the Statement of Work (SOW).

2.0 BACKGROUND

The mission of the U.S. Coast Guard, Training Center Cape May is to build the enlisted corps by preparing America’s volunteers for success in the Coast Guard. TRACEN Cape May provides apprentices who are willing and ready to learn their profession. They enhance the quality of life and readiness of those they serve. The Coast Guard must project a professional appearance at all times, including transportation of new members of our military service.

3.0 APPLICABLE STANDARDS/DOCUMENTS

The Contractor shall comply with the Federal Motor Carrier Safety Regulations (FMCSRs) as prescribed by the U.S. Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMCSA) and all other applicable federal, state, local and municipal laws, regulations, and requirements in performance of work under the contract. The Contractor shall maintain an active Operating Authority from the FMCSA and required insurance coverage to provide interstate transportation throughout the entire contract period of performance.

4.0 SCOPE OF WORK

4.1 Charter Bus Services to and from the U.S.O. Lounge at the Philadelphia International Airport and the U.S. Coast Guard Training Center, Cape May, NJ. (CLIN X0001)

4.1.1 The Contractor shall provide charter bus services to transport inbound Coast Guard personnel for pick up at the U.S.O. Lounge at the Philadelphia International Airport and transport them to TRACEN Cape May. Pickups shall be performed on every Tuesday between 5:00 PM and 9:00 PM, Eastern Time.

TRACEN Cape May will provide notification to the contractor each Monday on the number of buses needed and pick up times. This may vary each week depending on the number of arriving personnel expected. (1-5 buses may be requested)

4.1.2 The Contractor shall also provide charter bus services to transport outbound Coast Guard personnel from TRACEN Cape May to the Philadelphia International Airport. Pickups shall be performed on every Friday at approximately 12:30 PM, Eastern Time. TRACEN Cape May will provide notification each Thursday of the number of buses needed and pick up times. This may vary each week depending on the number of departing personnel expected. Occasionally buses may not be needed, or departing buses will

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

HSCG84-12-Q-AAS217

be needed on a day other than a Friday, which may occur in the event of a holiday. If buses are needed on a day other than Friday, TRACEN Cape May will provide notification to the contractor at least two days prior to pick up. (1-5 buses may be requested)

4.1.3 On a rare occasion, when 12 or more recruits miss the bus on Tuesday evening; one bus will be needed to pick up recruits at the Philadelphia International Airport at 8:00 AM, Eastern Time on Wednesday and transport to TRACEN Cape May. If this occurs, TRACEN Cape May will provide notification to the contractor on Tuesday evening.

4.1.4 Occasionally the Contractor shall also provide a bus on either a Sunday or Thursday at approximately 7:00 PM, Eastern Time to transport personnel from the Philadelphia International Airport to TRACEN Cape May. TRACEN Cape May will provide notification to the contractor at least two days prior to pick up.

4.2 Charter Bus Services – Emergency or Disaster Evacuation. (CLIN X0002)

4.2.1 In the event of an emergency or disaster (e.g., hurricane, terrorist attack, civil unrest, etc.), a mandatory evacuation of TRACEN Cape May may be ordered. Within 10 hours of receiving TRACEN Cape May’s request, the Contractor shall provide an adequate number of buses to safely transport people (each with at least a full “seabag” or suitcase) to Fort Dix, NJ. The maximum number of people who will need transportation is estimated to be up to 100 TRACEN Cape May employees/dependents and up to 1,500 recruits/company commanders. TRACEN Cape May will initiate communications (but not officially order the bus services) with the Contractor when an emergency or disaster posses a significant threat to the Training Center. This may allow additional planning time prior to the 10 hour evacuation notice.

4.2.2 Following the passing of the emergency or disaster, transportation will also be needed from Fort Dix, NJ to Cape May, NJ. Within 10 hours of receiving the TRACEN Cape May’s request, the Contractor shall provide an adequate number of buses to safely transport the same people (with their belongings) back to Cape May, NJ.

5.0 TECHNICAL REQUIREMENTS

5.1 Contractor Furnished Equipment. The Contractor shall provide charter motorcoach type buses that are 49 passenger seats or larger. All buses shall be no more than 10 model years old at time of use.

5.2 Cleanliness. The interior and exterior of the bus must be clean, well maintained, and present a professional appearance.

5.3 Mechanical Condition. Buses shall be maintained in such a way to ensure that they are operating in a safe and dependable condition. All buses shall have current inspections as required by applicable federal, state, local and municipal laws, regulations, and requirements.

5.4 Climate Control and Rest Room Facilities. Heating, ventilating and air conditioning systems and installed rest rooms facilities on all buses shall be fully operational during the entire contract period of performance.

5.5 Buses shall be inspected by Coast Guard authorized personnel prior to loading passengers. Any bus that does not meet or exceed the requirements in this Statement of Work may be rejected prior to loading.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

HSCG84-12-Q-AAS217

6.0 PERSONNEL REQUIREMENTS/QUALIFICATIONS

6.1 The Contractor shall provide personnel who meet or exceed established standards in order to effectively perform the services required herein. The personnel shall be licensed, qualified, experienced and demonstrate the capability of performing the services with minimum supervision.

6.2 The Contractor shall manage the total work effort associated with operations and all other services required herein in a skillful and professional manner to assure fully adequate and timely completion of these services. Included in this function is a full range of management duties including, but not limited to, planning, scheduling, cost accounting, report preparation, establishing and maintaining records and quality control.

6.3 Removal or dismissal of employees, who are not fully able to perform the normally assigned duties or violate any security or health requirement, does not relieve the Contractor of the requirement to provide sufficient personnel to adequately perform services required. The Contractor shall provide contingencies for employees who are absent during their regular work hours. The Contractor shall have in place a suitable replacement for the absentee employee within two hours of initial notification by the Contracting Officer’s Technical Representative (COTR).

6.4 Employee Training / Operation of Equipment. The Contractor shall ensure that each employee used in the performance of this contract is adequately trained and instructed to safely and competently perform the work. All equipment operators shall be fully trained and capable to use equipment in the performance of the contract.

6.5 Alcohol and Controlled Substances. Contractor employees shall not possess, distribute, consume, use, or cause to be used any controlled substance or alcohol before or during performance of the services or on Government property. Any employee using a controlled substance prescribed by a physician shall get written permission from the Contracting Officer to continue performance of assigned duties for this contract. Any contractor or contractor employee found to be in violation of this section will be permanently prohibited from performing services. Actions taken under this section shall not relieve the contractor of the requirement to provide sufficient personnel to perform adequate and timely service as required in this contract.

6.6 Contractor Points of Contact (POC). The Contractor shall provide the names, phone numbers and e-mail addresses of POCs to contact regarding the contract during normal business hours and after hours.

The Contractor shall provide updated POC information as needed to the Contracting Officer and Contracting Officer’s Technical Representative (COTR).

7.0 GOVERNMENT-FURNISHED PROPERTY, MATERIAL, EQUIPMENT, AND/OR

INFORMATION

Not Applicable

8.0 CONTRACTOR QUALITY CONTROL (QC) REQUIREMENTS

8.1 The Contractor shall implement their commercial Quality Control Plan (QCP). The QCP shall outline management, safety and maintenance under the contract and shall contain Quality Checklists.

8.2 The Contractor may be required to meet with the COTR and/or Contracting Officer as often as necessary to exchange quality control information or to discuss problems/concerns.

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

HSCG84-12-Q-AAS217

9.0 GOVERNMENT QUALITY ASSURANCE (QA) REQUIREMENTS

The Contracting Officer's Technical Representative (COTR) is responsible for representing the Contracting Officer in all facets of quality for the services required. The designated personnel will carry out inspections, reviews, approvals and handle deficiencies; and, ultimately accept on behalf of the Contracting Officer. The functions of the COTR will be outlined in a COTR Appointment Memorandum and is supplement by the following functions. Government personnel, other than the Contracting Officer and the COTR, from time to time, may observe the Contractor’s operations. However, these personnel may not interfere with Contractor performance.

10.0 GOVERNMENT REMEDIES

In the event the Contractor fails to provide/maintain the equipment, manpower, insurance, Operating Authority, and/or licenses necessary to accomplish the work required, the Government reserves the right to obtain the services elsewhere. The Government will deduct from the Contractor’s invoices, or at the Government’s discretion, will bill the Contractor for any differences in costs for the services, including any cost incurred in obtaining said services and any other damages incurred by the Government as a result of the Contractor’s failure to provide services. (This section is in addition to other Government remedies outlined in the contract.)

11.0 DELIVERABLES

The Contractor shall submit the following reports and other deliverables as identified below. The format shall be PC compatible.

Deliverable Frequency No. of Copies and To Whom Date Required

“Certificate of Insurance” as required by FAR 52.228-5 and the FMCSR

Annually One/Contracting Officer 10 days after award and annually thereafter

“Quality Control Plan (QCP)” As needed Two/COTR and

Contracting Officer

With initial offer and within 5 days after changes made to the QCP

Responses to “Contract Discrepancy Reports (CDRs)”

As needed Two/COTR and Contracting Officer

Within 5 days of receipt of CDRs from the Contracting Officer and/or the COTR

“Incident Reports” After each incident Two/COTR and Contracting Officer Within 2 day after incident

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

CONTRACT CLAUSES

FAR CLAUSE 52.212-4: Contract Terms and Conditions-Commercial Items (JUN 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 Governmentwide 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 invoice 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 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113304 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137572

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

(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 https://www.acquisition.gov/far/current/html/52_232.html#wp1153351 https://www.acquisition.gov/far/current/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179527 https://www.acquisition.gov/far/current/html/Subpart 33_2.html#wp1079912

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

(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. - Modified The contract price (including unit prices) 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. – Modified

(1) The Contractor shall assume all liability for and shall indemnify and save harmless the Government, its officers, enlisted personnel, agents and employees from and against any loss, damage or injury which may be https://www.acquisition.gov/far/current/html/Subpart 32_6.html#wp1031290 https://www.acquisition.gov/far/current/html/Subpart 32_6.html#wp1031326

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

sustained by any person or persons, whether they be employees, agents, or representatives of the parties hereto, or third persons, as a result of the Contractor‘s failure to perform this contract as required by its terms. The Contractor also shall be liable for and shall at all times defend, indemnify and hold harmless the government, its officers, enlisted personnel, agents and employees from and against any and all public or private environmental claims or liabilities arising from the Contractor‘s performance of this contract; public or private environmental claims or liabilities shall include but not be limited to civil and criminal penalties, natural resource damages, response costs, cleanup and remediation, damage to government and third party property, and any other third party liability.

(2) In the event any such claim or demand is made upon the Government, its officers, enlisted personnel, agents or employees, or in the event any suit therefore is instituted, the Government shall give immediate notice of such claim or suit to the Contractor and will refrain from any payment or demand with respect to such claim or suit without first allowing the Contractor a reasonable opportunity to resolve the claim. The Contractor‘s liability under this clause shall include reimbursement to the Government, its officers, enlisted personnel, agents and employees for any judgments, payments or litigation expenses occasioned to them in connection with claims, demands or suits of which notice has been given by the Government.

(3) The Contractor releases the Government, its officers, enlisted personnel, agents and employees from any liability for any loss, damage or injury which may be sustained by the Contractor‘s failure to perform this contract as required by its terms.

(4) Notwithstanding any other provisions of this clause, the Contractor shall not be liable for or required to defend, indemnify, hold harmless or release the Government, its officers, enlisted personnel, agents and employees for any judgments, payments or expenses arising out of and to the extent of the gross negligence, willful misconduct or criminal acts of the Government, its officers, enlisted personnel, agents or employees.

(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 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+160+141++%2818%29%20%25 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+1574+51++%2840%29%20%20AND%20%28%2840%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t49t50+2+224++%2849%29%20%20AND%20%28%2849%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179527 https://www.acquisition.gov/far/current/html/FormsStandard68.html#wp1189284

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE

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.

ADDENDUM TO FAR CLAUSE 52.212-4; the following paragraphs are added to the clause.

(u) Contractor’s Releases. - Added The Government may require the Contractor to complete a Contractor’s Release (DHS Form 700-3 or an equivalent form) at the completion of the contract and/or each task order.

(v) Contractor Performance Evaluations. - Added

(1) In…