Request_For_Proposal_Package_HSCG84-15-R-1SA100.pdf

ATTENTION OFFERORS

This Solicitation is 100% set-aside for Small Business

The U.S. COAST GUARD SHORE INFRASTRUCTURE LOGISTICS CENTER (SILC) invites you to submit a proposal, via the Acquisition of Commercial Items and Contracting by Negotiation procedures (cf. Federal Acquisition Regulation [FAR] Parts 12, Acquisition of Commercial Items and FAR Part 15, Contracting by Negotiations), to provide the following commercial services: All labor, materials, equipment and any other items or services applicable or appropriate for Air Traffic Control and Weather Augmentation Services at various locations as follows: USCG Air Station Cape Cod, Buzzards Bay, MA and USCG Air Station Elizabeth City, NC.

The North American Industry Classification System (NAICS) code 488111 (Air Traffic Control) applies to this RFP, and its size standard is $30.0MIL.

These services are being solicited under Request for Proposal (RFP) HSCG84-15-R-1SA100

Any and all questions regarding this solicitation shall be submitted in writing to the Contract Specialist, at Jennifer.B.Souza-Madura@uscg.mil Any Amendments will be posted on the Federal Business Opportunity Website at www.fbo.gov. It is the potential offer’s responsibility to monitor these avenues for release of any future amendments to the solicitation.

PLEASE CAREFULLY READ AND COMPLETE THE ENTIRE SOLICITATION. THE

FOLLOWING ARE HIGHLIGHTED FOR YOUR ATTENTION:

1. Be sure to complete all required prices set forth in the Schedule of Supplies/Services, Unit Price and Total Amount information required starting on Pages 4 through 5.

2. Be sure to complete all required certifications in FAR 52.212-3

3. Be sure to complete SF 1449 (first page of the offer), including appropriate signatures.

4. Be sure that your offer reaches this office by the end of the time and date specified in

Block #8 of the SF1449 or in any amendment thereto.

5. Be sure to complete provisions FAR 52.209-7, Information Regarding Responsibility

Matters (Jul 2013) on Page 13-14 of the solicitation package.

6. Be sure your SAM and ORCA registration on website is up to date (www.sam.gov) .

7. Please insure compliance with Addendum to FAR 52.212-1 Instruction to Offerors –

Commercial items and FAR 52.212-2 Evaluation – Commercial Items, Pages 34 through

8. Any and all questions regarding this solicitation must be submitted in writing to the Contract Specialist, no later than COB 4:00PM EST Friday 29 May 2015

9. Please ensure your proposal is valid for 180 calendar days from date signed (block 30c)

10. Be sure that your offer reaches this office by the time and date specified in Block #9 of the SF1449, and/or in any amendments thereto (NO ELECTRONIC OFFERS WILL BE

ACCEPTED)

11. FAILURE TO COMPLETE THE SOLICITATION DOCUMENT AND AMENDMENTS AS

REQUIRED MAY RESULT IN DELAY OF AWARD OR DETERMINATION THAT YOUR

OFFER IS NOT RESPONSIVE.

THE ABOVE IS NOT INTENDED TO BE ALL-INCLUSIVE, THEREFORE, PLEASE

READ THE ENTIRE SOLICITATION DOCUMENT TO ENSURE COMPLETION OF

ALL REQUIRED REPRESENTATIONS AND CERTIFICATIONS AND SUBMISSIONS.

ALL AMENDMENTS MUST BE ACKNOWLEDGED IN WRITING.

http://www.sam.gov/

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 reasons of unusual and compelling urgency 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 OPAP@uscg.mil or by hand delivery to the Contracting Officer.

The Ombudsman Hotline telephone number is 202.372.3695.

https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html mailto:OPAP@uscg.mil

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

488111 30.0M

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

Continuation of SF1449 – Block 16/Contract Management

Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of this 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:

The Commercial Operations Branch (COB2), U.S. Coast Guard Shore Infrastructure Logistics Center (SILC) will perform all contract administration under this contract. The location of the Primary Contracting Officer, Alternate(s) Contracting Officer, and Contract Specialist/Administrator for the contract is at 300 East Main Street, Norfolk VA 23510-9113. .

Communication pertaining to contractual administrative matters shall be addressed to the Contracting Officer listed below. Change in, or deviation from, the scope of work will not be effected without a written modification to the contract as executed by a SILC Contracting Officer.

PRIMARY:

Contracting Officer: Reginald Henderson Telephone No. 757-628-4129 Email: Reginald.B.Henderson@uscg.mil

ALTERNATE:

Contracting Officer: Jeanie Thorne Email: Jeanie.S.Thorne@uscg.mil Telephone No. 757 628-4109

Contract Specialist Telephone No. TBDTBD

The Contract Specialist serves as the point of contact between the Contractor and the Contracting Officer. However, the contract specialist/Admin Contract Officer does not have a warrant that provides authority to contractually commit the Government.

Contracting Officer’s Representative (COR) is a Government person(s) whom the Contracting Officer designates in writing to act as the technical representative for the Contracting Officer for items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services of a technical nature. The designation letter sets forth the authorities and limitations of the COR under the contract.

Continuation of SF1449 – Block 17b/Remittance Address

Contractor desiring payment to be mailed to an address different from the address shown in Block 17A, SF1449, shall insert such address in the proposal.

Continuation of SF1449 – Block 18b/Submit Invoice

Electronic submission of invoice is mandatory.

Monthly Invoice Payments Service Contract Line Items mailto:Jeanie.S.Thorne@uscg.mil

US Coast Guard Air Station Cape Cod and Air Station Elizabeth City Air Traffic Controller and Weather Monitor Soln: HSCG84-15-R-1SA100 Page 2 of 52

The monthly payment will be based on the unit price, less any deductions taken for unsatisfactory/non performance.

The Contractor shall submit invoices for services via Coast Guard Finance Center Website at:

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

The web submission requires the contractor to complete the Invoice Receipt Cover Form, select the Invoice Routing Code, and attach a PDF file of the invoice and any other supporting documentation.

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

Invoice Routing Code:

(help) Invoice Receipt Date: (help)

Contract Number: (help) Invoice Number: (help)

Requisition Number: (help) Invoice Date: (help)

Delivery/Task Order Number: (help) Invoice Amount: (help)

Discount Terms: % Discount Days

Net Days (help)

Contractor Information Attachment of Official Invoice

Contractor Name: (help)

Submitter Name: (help)

Submitter Email: (help)

Submitter Phone: (help)

The Contractor must select the correct Invoice Routing Code for timely invoice processing.

The Invoice Routing Code for this contract is SILC PCB-2.

The Contractor shall attach a single PDF file no larger than 1MB as the official invoice.

Supporting documentation must be combined in the single PDF file or submitted to your contracting office separately via email. Supporting documentation must not exceed 999.

A copy of the Invoice and Supporting documentation shall also be e-mailed to the Contracting Office and COR at the addresses cited below:

COR: Peter.D.Jamieson@uscg.mil Contract Specialist: TBD Continuation of SF1449 – Block 19 through 24, Schedule of Supplies/Services

SILC PCB-2

MM/DD/YY

MM/DD/YY

0.00

00.00 0 http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm mailto:Peter.D.Jamieson@uscg.mil

Soln: HSCG84-15-R-1SA100 Page 3 of 52

The Contractor shall provide all labor, material, equipment and supervision necessary to provide Air Traffic Control and Weather Observation and Augmentation Services in accordance with the Performance Work Statement for U.S. Coast Guard, Air Station Cape Cod, Buzzards Bay, MA 02542 for the entire contract period beginning on 1 October 2015.

Starting 1 August 2017 performance will commence for Air Station Elizabeth City, North Carolina as listed in the schedule below.

The contractor has no authorization to perform Special Events/Emergency Services prior to execution of a modification by the Contracting Officer. Funds will be incorporated by executing a modification to the contract using the fully burdened rate awarded in the contract when the services under this line are determined to be necessary. The hourly rate proposed shall be fully-burdened inclusive of labor/material/overhead/profit and any other incidental costs.

BASE YEAR: 1 October 2015 – 31 JULY 2016 (FY 2016)

CLIN DESCRIPTION QTY UNIT UNIT PRICE TOTAL

0001 Air Traffic Control and Weather

Observation and Augmentation Services -ASCC

10 MO $ $

0002 Special Events/Emergency Situations - ASCC

1 HR $ $

Total For ASCC Base Period $

OPTION YEAR 1: 1 AUGUST 2016 – 31 JULY 2017 (FY 2017)

1001 Air Traffic Control and Weather

Observation and Augmentation Services -ASCC

12 MO $ $

1002 Special Events/Emergency Situations - ASCC

Total Option Year 1 $

OPTION YEAR 2: 1 AUGUST 2017 – 31 JULY 2018 (FY2018)

2001 Air Traffic Control and Weather

Observation and Augmentation Services -ASCC

12 MO $ $

2002 Special Events/Emergency Situations - ASCC

1 HR $ $

Subtotal ASCC $ 2003 Air Traffic Control and Weather

Observation and Augmentation Services -ASEC

12 MO $ $

2004 Special Events/Emergency Situations - ASEC

Subtotal ASEC $

Soln: HSCG84-15-R-1SA100 Page 4 of 52

Total Option Year 2 $

OPTION YEAR 3: 1 AUGUST 2018 – 31 JULY 2019 (FY2019)

CLIN DESCRIPTION QTY UNIT UNIT PRICE TOTAL

3001 Air Traffic Control and Weather

Observation and Augmentation Services -

ASCC

12 MO $ $

3002 Special Events/Emergency Situations - ASCC

1 HR $ $

Subtotal ASCC $ 3003 Air Traffic Control and Weather

Observation and Augmentation Services -ASEC

12 MO $ $

3004 Special Events/Emergency Situations - ASEC

1 HR $ $

Total Option Year 3 $

OPTION YEAR 4: 1 AUGUST 2019 – 31 JULY 2020 (FY2020)

4001 Air Traffic Control and Weather

Observation and Augmentation Services -

ASCC

12 MO $ $

4002 Special Events/Emergency Situations - ASCC

1 HR $ $

Subtotal ASCC $ 4003 Air Traffic Control and Weather

Observation and Augmentation Services -ASEC

12 MO $ $

4004 Special Events/Emergency Situations - ASEC

1 HR $ $

Total Option Year 3 $

GRAND TOTAL CLINS X001 and X002 Air Station Cape Cod

GRAND TOTAL CLINS X003 and X0004 Air Station Elizabeth City

TOTAL PRICE INCLUSIVE OF ALL OPTION YEARS:

BASE YEAR – OPTION YEAR FOUR

Soln: HSCG84-15-R-1SA100 Page 5 of 52

Continuation of SF1449 – Block 27, FAR Clauses

II. ADDENDUM FAR 52.212-4, CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (DEC 2014). Clause is incorporated in full text with tailoring as specified pursuant to FAR 12-302.

(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.

Soln: HSCG84-15-R-1SA100 Page 6 of 52

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Soln: HSCG84-15-R-1SA100 Page 7 of 52

(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

Soln: HSCG84-15-R-1SA100 Page 8 of 52 within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard

Soln: HSCG84-15-R-1SA100 Page 9 of 52 record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

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

40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

Soln: HSCG84-15-R-1SA100 Page 10 of 52

(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) System for Award Management (SAM).

(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 SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM 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 SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM 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 SAM 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 SAM 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 SAM database. Information provided to the Contractor’s SAM 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 SAM accessed through https://www.acquisition.gov.

https://acquisition.gov/far/current/html/Subpart%2042_12.html%23wp1084217 https://acquisition.gov/far/current/html/Subpart%2042_12.html%23wp1084217 https://acquisition.gov/far/current/html/Subpart%2032_8.html%23wp1029202 https://www.acquisition.gov/

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Paragraph (t) System for Award Management (SAM) is modified as follows:

In order to receive payments, all contractors must be registered in the System for Award Management (SAM) run by the General Services Administration (GSA). For more information on SAM, and to register on-line, you may visit SAM at http:/www/sam.gov. SAM combines federal procurement systems and the Catalog of Federal Domestic Assistance into one new system.

This includes the functionality from the following systems:

* Central Contractor Registry (CCR)

* Federal Agency Registration (Fedreg)

* Online Representations and Certifications Application (ORCA)

* Excluded Parties List System (EPLS)

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

FAR Clause 52.212-4 is modified to add the following new subparagraphs:

(v) FAR Clause 52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%203_9.html%23wp1081284 https://acquisition.gov/far/current/html/Subpart%203_9.html%23wp1081284

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(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(w) FAR Clause 52.216-1- Type of Contract (APR 1984)

The Government contemplates award of a Firm-Fixed Price Contract resulting from this solicitation.

(x) FAR Clause 52.209-7 Information Regarding Responsibility Matters. (JUL 2013)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

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(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(z) FAR Clause 52.217-5 Evaluation of Options (OCT 1995)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(aa) 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 anytime prior to contract expiration.

Option to Extend Services within the Following Limits and Rates:

(a) The Government may require the contractor to continue to perform any and all items of services under this contract in accordance with contract clause FAR 52.217-8, within the following limits over those stated in the Schedule of Supplies/Services: 100% of all contract item(s).

(b) The Contracting Officer may exercise this option, at any time and from time to time for the minimum period of 30 days, not to exceed the performance period specified in FAR clause 52.217-8, by given written notice to the Contractor.

(c) Billing rates set forth in the Schedule of Supplies/Services of the preceding or current option years, whichever is the later, shall apply to any extension of services made pursuant to this option clause.

(ab) FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days of expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

https://www.acquisition.gov/ https://acquisition.gov/far/current/html/52_200_206.html%23wp1137850

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(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(ac) HSAR Clause 3052.228-70: Insurance [Dec 2003]

In accordance with the clause entitled “Insurance – Work on a Government Installation” at paragraph (af), insurance of the following kinds and minimum amounts shall be provided and maintained during the period of performance of this contract:

(a) Worker's compensation and employer's liability. The contractor shall, as a minimum, meet the requirements specified at (FAR) 48 CFR 28.307-2(a).

Contractors are required to comply with applicable Federal and State workers; compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contractor operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability. The contractor shall, as a minimum, meet the requirements specified at (FAR) 48 CFR 28.307-2(b).

(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form policy of at least $500,000.00 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contractor shall, as a minimum, meet the requirements specified at (FAR) 48 CFR 28.307-2(c).

The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide bodily liability and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000.00 per person and $500,000.00 per occurrence for bodily injury and $20,000.00 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

NOTE 1: It is acceptable to submit a letter from the Insurance Company stating a Certificate of Insurance will be provided upon contract award. A letter from the Contractor will not be acceptable.

NOTE 2: The insurance policy shall contain the following endorsement: "Any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer or the contractor gives 30 days written notice of cancellation or change to the Contracting Officer".

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(ad) HSAR Clause 3052.215-70 Key Personnel or Facilities. [Dec 2003]

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

The Key Personnel under this Contract are as follows:

Air Traffic Control Manager and Alternate Air Traffic Control Manger working on this contract for Air Station Cape Cod are:

Name(s):

Air Traffic Control Manager and Alternate Air Traffic Control Manger working on this contract for Air Station Elizabeth City are:

Name(s):

(ae) DHS Class HSAM Deviation, Limitation of Government’s Obligation (27 SEP 2011)

(a) Contract line item(s) listed below are incrementally funded or fully funded as shown in the below table. For these item(s), the sum of $ * of the total price is presently available for payment and allotted to this contract. This funding table will be updated in each contract action that provides additional funds, if any. . (Amounts below will be added by each incremental funding modification when issued)

CLIN CC CLIN CLIN Price Currently Allotted

Funding Funds Required for Complete Funding ontract Totals $3,700,000 $2,200,000 $1,500,000

(b) For item(s) identified in paragraph (a) as not fully funded, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement of authorized termination costs in the event of termination of those item(s) for the Government’s convenience, does not exceed the total amount currently allotted to the items not fully funded under the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The total amount payable by the Government in the event of such termination of those contract line item(s) identified in paragraph (a) above includes costs, profit, and estimated/negotiated termination settlement costs for those item(s). The

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Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the line items of the contract regardless of anything to the contrary in any other clause, such as the clause entitled “Termination for Convenience of the Government” or paragraph (l) entitled “Termination for the Government’s Convenience” of the clause at FAR 52.212-4, “Commercial Terms and Conditions-Commercial Items.”

(c) Notwithstanding paragraph (i) of this requirement, the Contractor will notify the Contracting Officer in writing at least __thirty__ days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this contract.