HSCG84-13-R-BB8033.pdf

NOTICE TO OFFERORS

SOLICITATION NUMBER: HSCG84-13-R-BB8033

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 Part 15, Contracting by Negotiation.

This solicitation is issued in accordance with FAR Subpart 6.3, Other than Full and Open

Competition. The NAICS code is 721110 and the standard size is $30M.

THE FOLLOWING INFORMATION IS HIGHLIGHTED FOR YOUR ATTENTION

1. This cover sheet is not intended to be all-inclusive. Please read the entire solicitation, including any attachments, to ensure completion of all required representations, certifications and submissions. If applicable, acknowledge all Solicitation Amendments (SF-30) issued by the Government.

2. Your offer shall include ALL of the documents and information listed on page 20(FAR Provision 52.212-1, (b) Submission of Offers) and your offer shall be received by our office at or before the exact date and time specified on page 1 of the SF-1449, Block 8 to be eligible for award. Also, see FAR Provision 52.212-2 (page 25) for Evaluation Factors.

3. Send your offer with all required documentation to one of the following:

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

Via e-mail to Amy.L.McLiverty@uscg.mil

4. QUESTIONS/CONCERNS: It shall be the obligation of the offeror to exercise due diligence to discover and to bring to the attention of the Government any ambiguities, inconsistencies, or concerns regarding the information in this solicitation. All questions/concerns regarding this solicitation shall be submitted in writing to the Contract Specialist at Amy.L.McLiverty@uscg.mil no later than 18 October 2012, 3:00 PM Eastern. Follow-up/additional questions will not be accepted after this date. Offerors shall reference the solicitation number and provide enough information in their e-mail so the Government can easily respond to their questions/concerns. Questions/concerns will be compiled and addressed on an ―Amendment of Solicitation‖ (SF-30).

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.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DA TE

4. ORDER NUMBER

5. SOLICITA TION NUMBER

HSCG84-13-R-BB8033

6. SOLICITA TION

ISSUE DATE

10/11/2012

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Amy L. McLiverty

b. TELEPHONE NUMBER (No collect calls)

(757) 628-4125

8. OFFER DUE DATE/

LOCAL TIME

10/18/2012

03:00 PM, Eastern

9. ISSUED BY CODE 84

United States Coast Guard Shore Infrastructure Logistics Center (SILC), PCB-4

Attn: Amy L. McLiverty 300 East Main Street, Suite 965 Norfolk, VA 23510-9112

Telephone: (757) 628-4125 Fax: (757) 628-4135

10. THIS ACQUISITION IS

UNRESTRICTED OR SET ASI DE: % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL

HUBZONE SMALL BUSINESS(WOSB)

BUSINESS ECONOMICALLY

SERVICE-DISABLED DISADVANTAGED

VE TERAN-OWNED WOMEN-OWNED

SMALL BUSINESS SMALL BUSINESS (EDWOSB)

8(A)

NAICS: 721110

SIZE STANDARD: $30M

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 SOLICITA TION

RFQ IFB RFP

15. DELIVER TO CODE

United States Coast Guard (USCG) Sector Corpus Christi

Attn: CWO4 Frank Rojas

8930 Ocean Drive

Corpus Christi, TX 78419-5220

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

(DO NOT SEND INVOICES TO THE USCG FINANCE CENTER)

SEE PAGES 3-4 FO R INVOICE PROCEDURES

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 PAGES 3-4

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The USCG has a requirement for Temporary

Lodging for on-duty USCG Pilots and Aircrew assigned to Air Station Corpus Christi in accordance with the attached Statement of

Work (page 7).

SEE PAGES 5-6 FO R THE SCHEDULE O F

SUPPLIES/ SERVICES

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. FA R 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 AC CEPTED AS TO

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STA TES 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 FOR M 1449 (REV. 3/2011)

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

CONTINUATION SHEET FO R:

STANDARD FORM 1449

REFERENCE NO . O F DOCUMENT BEING CONTINUED PAGE

Continuation of SF-1449 Block 15: Deliver To

Place of Performance: Contractor‘s Facility (to be incorporated at time of award).

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.

Contracting Officer: Dawn J. Dabney Telephone #: (757) 628-4261 E-Mail: Dawn.J.Dabney@uscg.mil Fax #: (757) 628-4135

Contracting Officer: Janet M. Kodmon Telephone #: (757) 628-4115 E-Mail: Janet.M.Kodmon@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: Amy L. Mcliverty Telephone #: (757) 628-4125 E-Mail: Amy.L.McLiverty@uscg.mil Fax #: (757) 628-4135

The Contracting Officer’s Representative (COR) 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 COR 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 COR and the authorities and limitations of the COR 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:Dawn.J.Dabney@uscg.mil mailto:Janet.M.Kodmon@uscg.mil

REFERENCE NO . O F 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

Electronic submission of invoices is mandatory for this contract and/or any orders issued in accordance with this contract.

1. The Contractor shall submit invoices for supplies or services via the U.S. Coast Guard Finance Center website at:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

2. The web submission requires the contractor to complete the Contractor Invoice Submission Form, select the correct Invoice Routing Code, and attach a PDF file(s) of the invoice and any necessary supporting documentation.

3. A sample of the Contractor Invoice Submission Form is provided below. Mandatory information to be completed is highlighted in red on the website.

Contractor Invoice Submission Form Directions: Please complete as much information as possible. A ll 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 MUS T BE ATTACHED

Invoice Information

Invoice Routing Code:

SILC PCB-4

(help) Invoice Number: (help)

Contract Number: (help) Invoice Date:

MM/DD/YY

(help)

BPA Number: (help) Invoice Amount:

0.00

(help)

Delivery/Task Order Number: (help) Discount Terms:

00.00

Discount Days:

Net Days:

(help)

Company Information Attachment of Official Invoice

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.

4. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this contract is SILC PCB-4.

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm http://www.fincen.uscg.mil/centralinv/central_inv_PDF_notice.htm http://www.fincen.uscg.mil/centralinv/central_inv_PDF_notice.htm

REFERENCE NO . O F DOCUMENT BEING CONTINUED PAGE

5. Visit the U.S. Coast Guard Finance Center Website for instructions regarding invoice attachments.

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

6. A copy of the invoice and any supporting documentation shall also be e-mailed to the following individuals: Judy.L.Winkler@uscg.mil and Amy.L.McLiverty@uscg.mil.

7. 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. All improper invoices will be rejected which could delay payment.

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm mailto:Judy.L.Winkler@uscg.mil

REFERENCE NO . O F DOCUMENT BEING CONTINUED PAGE

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

A. Type of Contract

This is a FIRM-FIXED PRICE contract. This contract is for Temporary Lodging for on-duty USCG Pilots and Aircrew. 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.

B. Anticipated Contract Period of Performance.

(Dates will be incorporated at time of award.)

Base Year: 16 November 2012 – 15 November 2013 Option Year One: 16 November 2013- 15 May 2014 (if exercised by the Government) Option Year Two: 16 May 2014 – 15 November 2014 (if exercised by the Government)

The contract period of performance shall not exceed two years if all options years 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.

REFERENCE NO . O F DOCUMENT BEING CONTINUED PAGE

C. Supplies or Services The contractor shall supply all personnel, equipment, materials, supervision, and other services necessary to provide lodging accommodations for on duty U. S. Coast Guard aviation personnel: A total of six (6) single rooms for enlisted and six (6) suites for officers. Contracted lodging services must be within 1.5 miles of Air Station Corpus Christi located at 8930 Ocean Drive, Hangar 41, Corpus Christi, TX 78414.

D. Schedule of Supplies/Services and Unit Prices.

(The dates below are anticipated and may change at time of award.)

Base Year: 16 November 2012-15 November 2013

* Note: The ‗Extended Price-Yearly Rate‘ should equal the ‗number of rooms‘ multiplied by the ‗Unit Price per Night‘. That number should then be multiplied by 365 days.

Option Period One: 16 November 2013-15 May 2013

Note: The ‗Extended Price-Yearly Rate‘ should equal the ‗number of rooms‘ multiplied by the ‗Unit Price per Night‘. That number should then be multiplied by 181 days.

Option Period Two: 16 May 2013-15 November 2014

Note: The ‗Extended Price-Yearly Rate‘ should equal the ‗number of rooms‘ multiplied by the ‗Unit Price per Night‘. That number should then be multiplied by 184 days.

Total Value of Base and all Option Periods $

The following abbreviations are used in the price schedule above:

CLIN: Contract Line Item Number

CLIN DESCRIPTION

Number of

Rooms Unit Price per Night

UNIT

PRICE

EXTENDED

PRICE-YEARLY

RATE

00001 Hotel Room-Single Rooms 6 Daily Rate $

00002 Hotel Room-Suites 6 Daily Rate $

Base Year Subtotal

CLIN DESCRIPTION

Number of

Rooms Unit Price per Night

UNIT

PRICE

EXTENDED

PRICE-YEARLY

10001 Hotel Room-Single Rooms 6 Daily Rate $

10002 Hotel Room-Suites 6 Daily Rate $

Option Period One Subtotal

CLIN DESCRIPTION

Number of

Rooms Unit Price per Night

UNIT

PRICE

EXTENDED

PRICE-YEARLY

20001 Hotel Room-Single Rooms 6 Daily Rate $

20002 Hotel Room-Suites 6 Daily Rate $

Option Period Two Subtotal

REFERENCE NO . O F DOCUMENT BEING CONTINUED PAGE

STATEMENT OF WORK / SPECIFICATION

PROJECT TITLE: Air Station Corpus Christi Pilot & Aircrew Lodging

REFERENCE: Air Operations Manual, COMDTINST M3710.1F

SECURITY REQUIREMENTS : None

POINTS OF CONTACT:

Contracting Officer Technical Representative: LT Michael Martin (361)-939-6250 Contracting Officer Representative: CWO4 Frank Rojas (361)-939-6252

BACKGROUND : U.S Coast Guard pilots and aircrew at Air Station Corpus Christi are required to fly and maintain a ―BRAVO ZERO‖ status in support of Coast Guard missions. Per the U. S. Coast Guard Air Operations Manual, COMDTINST M3710.1F, ―BRAVO ZERO‖ status shall be construed to mean material and personnel are ready to proceed with a minimum delay. To fulfill the government‘s need, contracted commercial lodging services is deemed necessary because this unit lacks the necessary space to set up proper sleeping and rest areas for pilots and aircrew to be available to response while on 24/7 on call status.

DESCRIPTION OF WORK:

The contractor shall supply all personnel, equipment, materials, supervision, and other services necessary to provide lodging accommodations for on duty U. S. Coast Guard aviation personnel:

(6) officers and (6) enlisted. Contracted lodging services must be Contracted lodging services must be within 1.5 miles of Air Station Corpus Christi located at 8930 Ocean Drive, Hangar 41, Corpus Christi, TX 78414.

The accommodations must provide for the following minimum requirements:

Lodging Services

A total of six (6) single rooms for enlisted and six (6) suites for officers. One person per private bedroom area (per private bedroom area is defined as separable from any other sleeping quarters or other living area and separate for men and women)

Cable or satellite TV service with basic service

Refrigerator, microwave and coffee maker

Cleaning service on a daily basis, which includes changing the bed sheets daily, vacuum, empty trash and wipe off counter tops and furniture

Bathroom tissue, soap, shampoo, towels, pillows and bed linens

Preventive maintenance to ensure optimal working condition of appliances, lighting, HVAC, ceiling fans and appearance

Adjustable climate control system

Shower facilities shall have an individual stall, sink with mirrors and outlets for hairdryers and shaving equipment with running hot and cold water

Telephones with access to local area for incoming and outgoing calls

A Designated block of rooms with markings to identify contracted rooms for U.S.

Coast Guard personnel

Parking consistent with the number or rooms contracted

REFERENCE NO . O F DOCUMENT BEING CONTINUED PAGE

CONTRACT CLAUSES

FAR CLAUSE 52.212-4: Contract Terms and Conditions-Commercial Items (FEB 2012).

(a) Ins pection/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) Dis putes . Th is 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 ad justment, 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, Defin itions, 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 g ive written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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 . O F DOCUMENT BEING CONTINUED PAGE

(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 informat ion 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 applicab le; and

(D) Contractor point of contact.

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

(6) Interest.

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

(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting

Officer (see 32.607-2).

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

(v) Amounts shall be due at the earliest of the fo llowing 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.

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(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 Regulat ion 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 applicab le 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 Co ntractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor‘s records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

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

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

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

(r) Compliance with Laws Unique to Government Contracts . The Contractor agrees to comply with

31 U.S.C. 1352 relating to limitat ions on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relat ing 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:

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(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) So licitation 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 rema in 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 informat ion in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2) (i) If a Contractor has legally changed its business name, ―doing business as‖ name, or division name

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a min imum 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 writ ing to the timeline and procedures specified by the responsible Contrac ting

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) o f 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 ult imate recipient other than that

Contractor will be considered to be incorrect in formation 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 confirmat ion requirements via

CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

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

(u) Contractor’s Releases.

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

(v) Contractor Performance Evaluations.

(1) In accordance with FAR Subpart 42.15, Contractor Performance Information, the Contractor's performance may be evaluated throughout the contract (and task/delivery order) period of performance. The results will be compiled and reported in a Contractor Performance Report for use by this agency and other government agencies for future source selection decisions. The report will be compiled joint ly by the Contracting Officer's

Representative (COR) and the Contracting Officer. The Contracting Officer will forward the report to the

Contractor for comments. In the case of a contract with option years, interim reports will be co mpleted.

(2) The areas to be evaluated include, but are not limited to: Quality of Product or Serv ice, Schedule, Cost Control, Business Relat ions, Management of Key Personnel, and Utilization of Small Business.

(3) Each area may be evaluated using the following scale: Exceptional, Very Good, Satisfactory, Marginal and

Unsatisfactory.

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(4) The Contractor Performance Assessment Reporting System (CPARS) may be used for all performance evaluations. Copies of the reports will be maintained in the CPARS database and in hard copy in the official contract file.

(5) The results of the report will be provided to the Contractor who will be g iven a period of thirty (30) days to review and provide comments. All comments will be considered by the Contracting Officer and rev iewed in accordance with FAR 42.1503. The report will be marked "Source Select ion Informat ion" and safeguarded ‗for official use only‘ in accordance with Federal Acquisition Regulat ion Part 3.104. Since there is a limitation of

2000 characters for each area evaluated, there may be an occasion that all evaluations and comments be manually addressed and maintained in the official contract file. If this is the case, each area will be annotated to contact the cognizant Contracting Officer for all evaluation documentation.

(w) FAR Clause 52.204-1: Approval of Contract (DEC 1989).

This contract is subject to the written approval of a Contracting Officer from the United States Coast Guard, Shore

Infrastructure Logistics Center (SILC) and shall not be binding until so approved.

(x) FAR Clause 52.217-8 -- Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within 30 days prior to contract exp iration.

(End of Clause)

(y) FAR Clause 52.217-9 Option to Extend the Term of the Contract (MAR 2000)-ADDED

(a) The Government may extend the term of this contract by written no tice to the Contractor within thirty (30) calendar days of contract expirat ion ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) calendar 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 th is contract, including the exercise of any options under this clause, shall not exceed five

(5) years.

(z) FAR Clause 52.232-99, Providing Accelerated Payment to S mall Business Subcontractors (DEVIATION)

(AUG 2012)

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(aa) FAR Clause 52.252-2: Clauses Incorporated by Reference (February 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.

The full text of FAR Clauses may be accessed electronically at this address: www.acquisition.gov/far

The full text of HSAR Clauses may be accessed electronically at this address: http://farsite.hill.af.mil/vfhsara.htm

52.203-3 Gratuities APR 1984

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.232-1 Payments APR 1984

52.232-11 Extras APR 1984

52.237-3 Continuity of Services JAN 1991

52.246-4 Inspection of Services—Fixed Price AUG 1996

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HSAR Clauses Incorporated by Reference

3052.222-70

Strikes Or Picketing Affecting Timely Completion

Of The Contract Work DEC 2003

3052.222-90 Local Hire JUN 2006

3052.223-90 Accident and Fire Reporting (USCG) DEC 2003

3052.242-72 Contracting Officer‘s Technical Representative. DEC 2003

(End of Addendum to FAR Clause 52.212-4)

FAR CLAUSE 52.212-5: Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (AUG 2012).

The full text of a clause may be accessed electronically at this address: www.acquisition.gov/far

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

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

Alternate I (Aug 2007) o f 52.222-50 (22 U.S.C. 7104(g)).

Fill-In: Alternate I (Aug 2007). As prescribed in 22.1705(b), substitute the following paragraph in place of paragraph (c)(1)(i) of the basic clause:

(i) (A) The United States Government‘s zero tolerance policy described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicab le to employees performing work at the contract place(s) of performance as indicated below:

Document Title Document may be obtained from: Applies performance to in/at:

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

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

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

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 199 5)

(41 U.S.C. 253g and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Tit le VI, Chapter

1 (41 U.S.C. 251 note)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun

2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009).

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

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

(6) 52.209-6, Protecting the Government‘ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

(7) 52.209-9, Updates of Publicly Availab le Information Regarding Responsibility Matters (Feb 2012) (41

U.S.C. 2313).

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(8) 52.209-10, Prohibit ion on Contracting with Inverted Domestic Corporat ions (May 2012) (section 738 of

Div ision C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Div ision D of Pub.

L. 111-8, and section 745 of Div ision D of Pub. L. 110-161).

(9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

Fill-In by Offeror: (c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

Offeror elects to waive the evaluation preference.

(11) [Reserved]

(12) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

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

(ii) Alternate I (Oct 1995) o f 52.219-7.

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

(14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

(16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct

2008) (10 U.S.C.