Solicitation.doc

Solicitation HSCG89-09-R-68A014

NOTICE TO OFFERORS

Due to heightened security procedures that are in place at all Coast Guard facilities, offerors are strongly encouraged not to try to personally hand deliver offers or proposals as you will probably not be allowed on the Coast Guard facility. Security personnel are not authorized to accept any packages and no Coast Guard personnel will be available to pick up offers at the front gate. Delivery by FedEx, UPS or other courier services is still acceptable.

Timely submittal of offers and/or proposals is the offeror's responsibility. It is highly recommended that you allow sufficient time for the delivery of your offers or proposals and not wait until the last minute as delivery could be delayed due to the additional security measures. Please also make sure you put Bldg. 54C in the delivery address to insure proper/timely delivery.

All packages/envelopes must have a return address. All packages/envelopes without a return address or suspicious looking packages/envelopes will be subject to search or other security handling procedures and may not be received in a timely manner.

NOTICE FOR FILING AGENCY PROTESTS

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

Interested parties are encouraged to seek resolution of their concerns within the Coast Guard as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal forum with the Ombudsman. Interested parties who believe that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the Coast Guard Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth at FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be forwarded to the address below:

Commandant (G-A) U.S. Coast Guard Headquarters

Acquisition Planning and Performance Measurement

1900 Half St. SW, Room 11-0402

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

Fax: (202) 475-3904

A. ADDENDUM FAR 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FEB 2007).

1.

STANDARD FORM 1449, BLOCK 27A -ADDITIONAL INSTRUCTIONS

a. Paragraph (a), Inspection/Acceptance: In addition to the remedies outlined in this clause, if the contractor fails to correct the unacceptable conditions, the government reserves the right to deduct the amount of the value of the unacceptable services consistent with the Performance Requirements Summary, Attachment 2.

b. Paragraph (g), Invoicing: Additional Invoicing Information.

(1) The following is provided for informational purposes only, refer to Clause 52.212-4 Contract Terms and Conditions – Commercial Items for specifics.

(a) Submittal of Invoice. Submit a single invoice at the end of each month for services performed during the prior month. The original invoice shall be submitted to the Contracting Officer and one copy (1) of each invoice shall be forwarded to Contracting Officer’s Technical Representative (COTR) at the following addresses:

Original:

Copy:

Contracting Officer (fcp-1)

Commanding Officer

Maintenance Logistics Command Pacific

Integrated Support Command Coast Guard Island, Bldg 54-C

Coast Guard Island, Bldg 3 Alameda, CA 94501-5100

Alameda, CA 94501-5100

(b) Proper Invoice. A proper invoice shall have the following information clearly indicated on each invoice. (i) Name and address of the Contractor; (ii) Invoice date and number, (The Contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.); (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 or services performed.; (v) terms of any discount for prompt payment offered; (vi) Name and address of official to whom payment is to be sent; (vii) Name, title, and phone number, of person to be notified in the event of a defective invoice.; (viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice; (ix) Electronics funds transfer (EFT) banking information; (x) DUNS number recorded on every invoice submitted.

c. Paragraph (p) Limitation of Liability, is revised to read:

LIABILITY

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

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

c. The Contractor releases the Government, its officers, enlisted personnel, agents and employees from any liability for any loss, damage or injury, which may be sustained by the Contractor in the performance of this contract.

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

d. PARAGRAPH (t) Contractor Central Registration (CCR). The following is provided for informational purposes only, refer to Clause 52.212-4 Contract Terms and Conditions – Commercial Items for specifics.

Mandatory CCR Registration. The U.S. Coast Guard uses the Central Contractor Registration (CCR) System run by the Department of Defense for making contractor payments. In order to receive payments, all contractors must be registered in this System annually. For more information on CCR, and to register on-line, you may visit the CCR website at http://www.ccr.gov Inquiries regarding payment should be directed to the Customer Service Representative, USCG Finance Center at (800-564-5504) or e-mail cscall@fincen.uscg.mil.

e. PARAGRAPH (u) IS ADDED AS FOLLOWS:

Equal Employment Opportunity - Notice to Employees Working on government Contracts. Contractors are required to post Equal Employment Opportunity (EEO) posters at their worksite in a prominent and accessible place to their employees. You may download these posters at the following website under " posters of special interest to federal contractors:

http://www.dol.gov/osbp/sbrefa/poster/matrix.htm B.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (FEB 2008)

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

(2) 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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (4) [Reserved]

___ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

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

_X_ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (8)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2007) (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.

_X_ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

___ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

_X_ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_X_ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) ___ (ii) Alternate I (Aug 2007) of 52.222-50.

___ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

___ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

___ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

___ (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (31) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

___ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

___ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (40)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

_X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

EMPLOYEE CLASS GRADE WAGE BENEFITS

Alarm Monitor

GS-5

$16.68 $3.34

Armed Guard II

GS-5

$16.68 $3.34 _X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C. 5112(p)(1)).

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

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

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

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

(e)

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

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

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

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

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

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

· Federal Acquisition Regulation (FAR): http://www.arnet.gov/far/

· Homeland Security Acquisition Regulation (HSAR): http://www.dhs.gov/dhspublic/

1. FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (SEP 2007)

2. FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

3.

FAR 52.217-7 OPTION FOR INCREASED QUANTITY-SEPERATELY PRICED LINE ITEM (MAR 1989) term of the contract.

4.

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

10 calendar days within expiration of contract.

5.

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000)

a. 25 calendar days of expiration of the contract; 60 calendar days of expiration of the contract

c. 5 years and 6 months

6. FAR 52.216-18 Ordering (OCT 1995)

a. 01 October 2008 through 30 September 2009 for the base period and 01 October through 30 September for Option Years 1 through 4, if exercised.

7. FAR 52.216-19 Order Limitations (OCT 1995) (Applicable to Contract Line Items 0002 through 4002 – IDIQ Special Events).

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than __5__, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order, the contractor is not obligated to honor:

(1) Any order for a single item in excess of _40__;

(2) Any order for a combination of items in excess of __80_.

(3) within 5 days.

(d) within 1 day after issuance.

8. FAR 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION

(JAN 1997)

Addendum: In accordance with FAR 52.228-5, Insurance - Work on a Government Installation, the Contractor shall, upon notification and prior to commencing work under this contract, furnish the Contracting Officer a Certificate of Insurance as evidence of the existence and in the amounts not less than those specified below. The Contractor shall maintain current insurance coverage throughout the life of this contract.

The Contractor shall not allow any coverage to lapse and shall provide evidence of continued coverage prior to expiration.

Minimum insurance coverage requirements:

PER PERSON

PER OCCURRENCE

BODILY INJURY BODILY INJURY PROPERTY

Comprehensive General

$500,000

Automobile Liability

$200,000

$500,000

$20,000

Workman's Compensation & Other (as required by Federal/State Law)

9. FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

10.

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION (APR 1984)

D.

THE FOLLOWING HOMELAND SECURITY ACQUISITION REGULATION CLAUSES ARE INCORPORATED BY REFERENCE:

CLAUSE

TITLE

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 (DEC 2003)

3052.228-70 Insurance (DEC 2003)

3052.242-71 Dissemination of Contract Information (DEC 2003) 3052.242-72 Contracting Officer’s Technical Representative (DEC 2003)

E. HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS ALTERNATE II (JUN 2006)

(a) Sensitive Information, as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security

(including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the contractor to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(g) Each individual employed under the contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by a Permanent Resident Card (USCIS I-551). Any exceptions must be approved by the Department’s Chief Security Officer or designee.

(h) Contractors shall identify in their proposals, the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the contracting officer.

F. HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EX-PATRIATES (DEC 2006)

Prohibitions.

Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity after November 25, 2002, which is treated as an inverted domestic corporation as defined in this clause. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur.

(b) Definitions. As used in this clause:

"Expanded Affiliated Group" means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears.

"Foreign Incorporated Entity" means any entity which is, or but for subsection (b) of Section 835 of the Homeland Security Act, Public Law 107-296, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

"Inverted Domestic Corporation." A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)

(1) The entity completes after November 25, 2002, the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group, which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

"Person", "domestic", and "foreign" have the meanings given such terms by paragraphs

(1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, Public Law 107-296.

(2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is after the date of enactment of this Act and which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special Rule For Related Partnerships. For purposes of applying Section 835(b) of Public Law 107-296 to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships, which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure.

By signing and submitting its offer, an offeror under this solicitation represents that it not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of Section 835 of the Homeland Security Act, Public Law-107-296 of November 25, 2002.

(g) If a waiver has been granted, a copy of the approved waiver shall be attached to the bid or proposal.

G. GENERAL CLAUSES

1. CONTRACT ADMINISTRATION

The Contracting Officer’s Technical Representative (COTR) will perform inspection and acceptance in accordance with the Performance Work Statement and the Performance Requirements Summary.

2. EXERCISE OF OPTION(S):

The Coast Guard may unilaterally exercise its option(s) to extend the period of performance under this contract under FAR 52.217-9, OPTION TO EXTEND TERM OF CONTRACT, or exercise its option(s) for continuing performance for any service under FAR 52.217-8, OPTION TO EXTEND SERVICES. Exercise of option(s) is subject to the AVAILABILITY OF FUNDS clause, FAR 52.232-18.”

3. INDEFINITE QUANTITY/INDEFINITE DELIVERY LINE ITEMS: CLIN No. 0002 through 4002.

All IDIQ items are unfunded at time of award and may only be authorized by order of the Contracting Officer. Requirements may be unilaterally ordered with an Optional Form 347 Order for Supplies or Services (task order) issued by the Contracting Officer within 72 hours of a Special Event as identified in PWS Paragraph 9.7. The minimum guaranteed is covered by definite quantity amount awarded for CLIN 0001 for the Base Year and each corresponding CLIN for all option years.

4. OPTION LINE ITEMS: CLIN No. 0003 through 4003.

All Option Items are unfunded at the time of award and may only be authorized by written order of the Contracting Officer. ISC Alameda is currently seeking funding for the services of an additional armed main gate guard. At this time it is not possible to determine whether this funding is likely to be obtained or not.

4. LICENSES AND PERMITS

The Contractor shall be responsible for obtaining any necessary licenses and permits, giving all notice and complying with any applicable federal, state, local, and municipal laws, codes, ordinances, and regulations in connection with the business carried on under this contract.

5. CONTRACTOR/SUBCONTRACTOR SECURITY REQUIREMENTS (PRE-AWARD AND POST-AWARD ACCESS TO GOVERNMENT FACILITIES):

Contractors shall provide a list of all on-site personnel, including all subcontractors, to the Contracting Officer within five (5) calendar days of any pre-award event of five (5) calendar days after contract award. The list must be updated by the Contractor as changes occur. Contractor personnel not listed may be denied access to the Government facility. Contractor personnel will be restricted to designated working areas. Any personnel violating this policy may lose access to the Government facility. Contractor personnel shall have photo identification at all times while working on Government facilities. Contractor shall provide the Contracting Officer’s Technical Representative (COTR) with a 24-hour advance notice if personnel, other than already included on the listing, need access to the Government facility.

6. CONTRACTOR EMPLOYEES AND VISITORS (POSTAWARD ACCESS TO

GOVERNMENT FACILITIES):

All personnel employed by the Contractor (including subcontractors) in the performance of this contract or any representative of the Contractor entering the Government installation, shall abide by all applicable security regulations and shall be subject to such security checks as may be deemed necessary by the Government. The Government reserves the right to direct the Contractor to remove from performance under this contract any employee for misconduct or security reasons. This will not relieve the Contractor from contract performance, or allow for any equitable adjustment to the contract. Contractor employees shall not receive visitors without the express permission of the Contracting Officer, COTR, or Security Officer. Contractor employees shall not loiter in any working, patron, or otherwise unauthorized area.

7. OTHER GOVERNMENT CONTRACTS OR AGREEMENTS:

The Government may undertake, award, or obtain or enter into, other contracts or agreements for to augment these services. The Contractor shall cooperate fully with such other Contractors, augmentees and Government employees. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other Contractor, augmentee, or Government employees, or with the proper execution of Government business.

8. DOCUMENTATION IN SUPPORT OF WAGE ADJUSTMENT CLAIMS

(INCREASES AND DECREASES) (SEE FAR CLAUSE 52.222-43).

Contractor shall submit a claim for wage adjustments within 30 days of receiving a new wage determination. The request shall contain the amount claimed, actual or projected contract work hours, actual or projected pay (wage) records, documents supporting impact on fringe benefit costs, documents supporting accompanying costs (payroll taxes). The claim should be submitted on an Excel spreadsheet. The Contracting Officer may not consider any claims for wage adjustments if submitted after the 30 days of receiving the new wage determination.

9. CONTRACTOR PERFORMANCE EVALUATIONS

a. In accordance with FAR Subpart 42.15, Contractor Performance Information, the contractor's performance will be evaluated throughout the contract period. 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 jointly by the Contracting Officer's Technical Representative (COTR) 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, an interim report will be completed.

b. The areas to be evaluated are: 1) Quality of Product or Service; 2) Business Relations; 3) Timeliness; and, 4) Meeting SDB Subcontracting Requirements.

c. Each area will be evaluated using the following scale: Excellent, Good, Fair, Poor and Unsatisfactory.

d. The National Institute of Health (NIH) Contractor Performance System (CPS) shall be used for all performance evaluations. Copies of the reports will be maintained either in the CPS or in hard copy in the official contract file. At this time the CPS does not currently contain an electronic means to retain the level above the Contracting Officer’s review. Therefore, a hard copy of that review will be maintained in the official contract file.

e. The results of the report will be provided to the contractor who will be given a period to thirty (30) days to review and provide comments. All comments will be considered by the Contracting Officer and reviewed in accordance with FAR 42.1503. The report will be marked "Source Selection Information" and safeguarded ‘for official use only’ in accordance with Federal Acquisition Regulation 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.

Contractors are highly encouraged to register with the NIH. Registration may be accomplished on-line at https://cpscontractor.nih.gov/. By registering the contractor will receive timely notice of government inputs into the database and the opportunity to respond on-line to all government comments.

H. LIST OF ATTACHMENTS

1. Exhibit 1, Addendum – Schedule of Supplies/Services

2. Attachment 1, Performance Work Statement

3. Attachment 2, Performance Requirement Summary

4. Attachment 3, Quality Assurance Surveillance Plan

5. Attachment 4, Dept. of Labor Wage Determination No. 2005-2051, Revision 4, 07/31/2007

6. Attachment 5, Past Performance Survey

7. Attachment 6, SF-88 – Report of Medical Examination

I. ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS- COMMERICAL

ITEMS (NOV 2007)

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

1. FAR 52.237-1 Site Visit. (APR 1984)

2. PRE-PROPOSAL CONFERENCE AND SITE VISIT

a. A site visit will be conducted on Tuesday, 22 April 2008 at 10:00 a.m. Pacific Standard Time (PST) for this procurement at U.S. Coast Guard ISC Alameda, CA. A short pre-proposal conference will be held after the site visit. All HUBZone offerors are encouraged to attend. Offerors must provide their own transportation. Any questions answered during the site visit must be confirmed in writing by the Contracting Officer.

b. In accordance with the above clause FAR 52.237-1, Site Visit, arrangements to attend should be made with Contracting Officer, Joseph Laughlin, at (510) 437-5347 or email address: Joseph.N.Laughlin@uscg.mil. It is important that all participants sign up in advance to coordinate access to the base, and to reserve a suitable room for the pre-proposal conference.

Written questions should arrive no later than 10:00 AM, Friday 18 April 2008. The format of the questions shall be as follows: reference the solicitation number, provide the company name, a point of contact, and telephone number. Any questions asked during the site visit must be submitted in writing. All questions will be answered in an amendment to the solicitation and posted on the FedBizOpps website.

3. Paragraph (c) Period of Acceptance of Offers is amended as follows: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an amendment to the solicitation.

4. Paragraph (g) the government intends to award a firm-fixed price contract.

5. Paragraph (j) data universal numbering system (DUNS): Offeror shall insert their DUNS number in block 17a of the SF-1449.

6. Proposal must be prepared in accordance with these instructions, providing all required information in the format specified. Failure of the proposal to show compliance with these instructions may be grounds for exclusion of the proposal from further consideration.

a. Requirements for Submission of Proposals and Content. Initial proposals must be original and submitted by mail or hand delivered. Facsimiles of initial proposals will not be accepted.

b. Revisions required after the initial proposal may be submitted by facsimile or e-mail.

7. Requirement for Submission of Proposal and Content. Offerors are required to submit their proposal in three (3) parts as follows:

a. Part 1- PRE-AWARD SURVEY: Before a contract award can be made, a determination of responsibility must be made by the Contracting Officer. A pre-award survey may be conducted as part of this determination as prescribed under FAR 9.1, Responsible Prospective Contractors. The following information must be submitted as part of your proposal:

(1) Current Financial Statement and Date. Company checking and/or savings accounts. Provide the name and address of financial institution(s), account number(s) and the name, title and telephone/facsimile numbers, and e-mail address of the individual at your firms’ financial institution that is authorized in writing to release information to the Contracting Officer.

(2) Other: List all solicitations your firm has responded to, and are still pending award. Discuss how you would financially manage all such contracts if all were awarded to your firm. Provide any other information you feel is relevant to your firm’s responsibility as a potential Government Contractor.

b. Part 2- PRICE PROPOSAL:

(1) (a)Complete Standard Form 1449, Page 1 only (sign and date blocks 30.a, b., and c.)-Continuation Pages will self populate at time of award; (b) Exhibit 1, Addendum – Schedule for Supplies/Services – Pricing shall only be provided on Exhibit 1 and (c) FAR 52.212-3 ‘Offeror Representations and Certifications – Commercial Items” (fill in appropriate blocks). All Offerors must be registered with the Central Contractors Registry (CCR) per FAR 4.11, Central Contractor Registration. Offerors who are not registered with CCR may be considered non-responsive and will not be considered in the evaluation.

c. Part 3 – TECHNICAL PROPOSAL:

(1) PAST PERFORMANCE INFORMATION:

(a) Offerors are required to submit Attachment 5, Past Performance Survey completed by at least three (3) references for past or current contracts, within the past 3 years that are similar to this requirement. The contractor will provide the attached survey to the references; who will then complete the survey and return it directly to the Contracting Officer. A list of the references supplied with a survey should be included with the proposal. The government also reserves the right to contact other government and commercial sources not included in the proposal in order to determine the past performance of the offeror, and shall consider this information received from references, as well as information obtained from any other sources, when evaluating the offerors’ past performance. The government will determine relevancy of the past performance information submitted. (offerors must submit past performance information in accordance with this sub-paragraph)

(b) Offerors are responsible for ensuring all addresses, telephone/facsimile numbers and e-mail addresses for references are current. The Government will not search or take action to obtain updated information.

(c) For those contractors without relevant past performance history, include information or describe efforts performed by predecessor companies, information or efforts of key personnel who have relevant experience, and/or information or efforts of subcontractors who will perform major or critical aspects for this effort.

J. FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

1. The Government will award a contract resulting from this solicitation to one responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

a. Price: Price will be evaluated in accordance with FAR 15.404-1(b).

b. Past Performance: The following sub-factors will be used to evaluate past performance. The subfactors are listed in a descending order of importance.

(1) Relevancy: Contracts of similar type, service, and dollar value.

(2) Responsiveness: Prompt responses to complaints and any change in requirements.

(3) Timeliness: Adherence to performance schedules and to submission of schedules for reports and invoices.

(4) Resource Availability: Adequate personnel, training, equipment, and supplies

(5) Quality Control: Consistency and quality of services and effectiveness of quality control program.

(6) Customer Satisfaction

2. Past Performance is approximately equal to price.

3. Options: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement to include all Contract Line Item (CLIN) requirements (i.e. Firm-Fixed Price, IDIQ items and Option Items) and all Option Years. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

4. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

WARNING! EXCEPTIONS TO THE SOLICITATION: Any failures to comply with the strict requirements of the solicitation may make you ineligible for award.