IMOMS Sol SF1449 Cont Pgs_Sections B-M_21Nov22.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

Washington DC 205930001

2703 MARTIN LUTHER KING JR AVE SE

USCG HEADQUARTERS (CG-912)

CODE 16. ADMINISTERED BYCODE

X

336413

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR237

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

1700 ET2024755799Patricia Willett (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION 5. SOLICITATION NUMBER

70Z02323RATCM0073

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Washington DC 205930001

2703 MARTIN LUTHER KING JR AVE SE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USCG HEADQUARTERS (CG-912)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The United States Coast Guard is requesting a proposal for Onsite Integrated Maintenance, Operation and Modification Support (IMOMS) for flight training devices in accordance with the attached Continuation Pages of SF1449, Sections A through M.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Patricia S. Willett

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

65100PR230000073

X

X

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

See Section B and Attachment 1, Pricing Schedule

U.S. Coast Guard | IMOMS SF 1449 Continuation Pages

NOTICE FOR FILING AGENCY PROTESTS

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

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

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman:

solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

mailto:OPAP@uscg.mil

TABLE OF CONTENTS

NOTICE FOR FILING AGENCY PROTESTS Cover Sheet

PART I – THE SCHEDULE

SECTION A – SOLICITATION / CONTRACT FORM Attached – See Standard Form 1449

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS 3

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF WORK 4

SECTION D – PACKING AND MARKING 4

SECTION E – INSPECTION AND ACCEPTANCE 5

SECTION F – DELIVERIES OR PERFORMANCE 6

SECTION G – CONTRACT ADMINISTRATION DATA 7

SECTION H – SPECIAL CONTRACT REQUIREMENTS 11

PART II – CONTRACT CLAUSES 16

SECTION I – CONTRACT CLAUSES 16

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 70

SECTION J – LIST OF ATTACHMENTS 70

PART IV – REPRESENTATIONS AND INSTRUCTIONS 71

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER 71

STATEMENTS OF THE OFFEROR

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO THE OFFEROR 80

SECTION M – PROPOSAL ADEQUACY DETERMINATION FOR AWARD 86

PART I – THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

Per Federal Acquisition Regulation (FAR) Subpart 15.204-2(a), the United States Coast Guard (USCG) will solicit and make the Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract award using the Standard Form 1449 (SF-1449). The USCG will place orders against the IDIQ contract using the Optional Form

347 (OF-347).

The Contractor shall perform all efforts in accordance with the Statement of Work (SOW), the Section “J” attachments, and all other requirements noted herein. In the event of a conflict, USCG will resolve the conflict in accordance with FAR clause 52.215-8, “Order of Precedence-Uniform Contract Format”.

SECTION B – SUPPLIES OR SERVICES AND PRICES

B.1 GENERAL

This effort is a single award IDIQ contract. The Contractor shall provide the U.S. Coast Guard Aviation Training Center (ATC) integrated maintenance, operation, and modification support (IMOMS) for flight training devices located in Mobile, Alabama. IMOMS unifies operations, maintenance, supply management, in-service engineering, and trainer modifications under a single contractor with experienced site personnel who are multi-disciplined, cross trained and supported by reach-back engineering, management and technical support capabilities.

B.2 GUARANTEED MININUM

The guaranteed minimum for this IDIQ contract is the award of one (1) delivery order. USCG will obligate the guaranteed minimum funding and place that order simultaneously with the award of the IDIQ contract. This first order will include (at a minimum) the obligation of funding for Contract Line Item Numbers (CLINs) 1001, 1002, 1004, 1005 and 1006 (if needed). USCG will determine the placement of orders beyond the guaranteed minimum by an analysis of USCG’s needs and the availability of funding. USCG has no obligation to issue any orders beyond the guaranteed minimum. Only USCG warranted contracting officers with warrants equal to or higher than the prospective order value may place orders against this IDIQ vehicle.

B.3 CEILING VALUE

The ceiling value for this IDIQ contract is $24,999,999.00. The combined value of all obligated dollars across all awarded orders cannot exceed this amount. USCG will not obligate funding to the IDIQ itself.

B.4 CLIN STRUCTURE

The IDIQ CLIN structure is in Attachment 1, Pricing Schedule. This is a five-year IDIQ contract with no option periods, although the ordering availability for each CLIN is dependent on the ordering period noted in the attachment.

In general terms, the CLINs correspond to the following tasks from the SOW:

CLIN 1001 – On-site Maintenance, Operations, and Modification (IAW SOW Section 2.2-2.5 and 3.0) CLIN 1002– Additional Training (IAW SOW 2.2.3.5) CLIN 1003– Product Improvements/Engineering Changes/Modifications (IAW SOW 2.6 Designated per task order) CLIN 1004– Off-site Management and Technical Support Services (IAW SOW 2.8) CLIN 1005– Travel and Per Diem in Support of CLIN 0005 (IAW SOW 2.8.4) CLIN 1006– Mobilization (IAW SOW 2.1)

Additional details are included in Attachment 1, Pricing Schedule, as well as pricing to be applied.

SECTION C – DESCRIPTIONS AND SPECIFICATIONS

All services performed under this contract shall be provided as defined within this contract and in the applicable attachments identified and incorporated in Section J. The comprehensive Statement of Work (SOW) will be provided as Section J, Attachment 2 and incorporated by reference into this Section C.

Individual Task Orders placed under this IDIQ will include separate Statements of Work applicable to that task which will provide clarifying requirements within the scope of the Attachment 2, SOW.

SECTION D – PACKAGING AND MARKING

For all CLINs, the technical data shall be furnished in accordance with Attachment 2 SOW, and Attachment 4, “Contract Data Requirements Lists (CDRLs)”.

Technical data and information shall be coordinated with the COR(s) and provided electronically via the Contractor’s Integrated Data Environment (IDE), or as a back-up, provided electronically via the Department of Defense (DoD) Secure Access File Exchange (SAFE) online tool.

For shipping of kits and other larger items, they shall be packed and packaged for domestic shipment in accordance with the best commercial practices. If shipped domestically, the package or envelope should be clearly marked with any special markings specified in this contract (or delivery order), such as the contract number, order number (if applicable), CLIN, the document or item title, etc., and this information shall be visible on the outside of the package.

D.1 PACKING AND SHIPPING

The Contractor shall furnish such labor and materials as is necessary for equipment packing, unpacking, and placement. Re-usable shipping containers in which aircraft components, assemblies, and subassemblies, including sensors, were received by the Contractor shall be transferred to the USCG upon acceptance. Items shall be shipped Free-on-Board (FOB) destination, with bill of lading included, to:

United States Coast Guard (USCG) USCG Aviation Training Center (ATC) 8501 Tanner Williams Road Mobile, AL 36608

The Contractor shall comply with American Standards of Testing and Materials (ASTM) D3951-10 Standard Practice for Commercial Packaging, with any exceptions as stated herein.

D.2 PRESERVATION AND PACKAGING

Preservation and packaging shall be in accordance with best commercial practices. The container shall be packed and labeled suitable for shipment via land, air, or sea. If traceability to the OEM is required, documentation of such proof must be included with the item in its shipment container.

The use of asbestos, excelsior, newspaper, or shredded paper (all types, including waxed paper, computer paper, and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

D.3 DETAILED INSTRUCTIONS FOR STANDARD PACKAGING

Standard packaging is applicable for each order. Each individual container shall be labeled on the outside and each individual part/component shall be labeled on the inside with the:

(1) National Stock Number

(2) Part Number

(3) Serial Number

(4) Nomenclature

(5) Quantity

(6) Contract and Delivery Order Number

(7) Contract Line Item Number

The Material Inspection and Receiving Report (DD-250) shall be placed on the outside of the individual containers. Failure to comply with one (1) copy of a completed and signed DD-250 attached outside the shipping container may result in USCG refusal to accept and/or pay for the items.

Packaging material shall not consist of the following: popcorn, shredded paper, Styrofoam of any type, or peanut packaging. The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. Preservation protection must be sufficient to prevent corrosion, deterioration, or decay, during warehouse storage for a period of at least one (1) year.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 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. Also, the full text of the clause may be accessed electronically at this address:

https://www.acquisition.gov/?q=browsefar

E.2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

FAR Clause No. Title and Date 52.246-5 Inspection of Services – Fixed-Price (AUG 1996)

E.3 INSPECTION AND ACCEPTANCE INSTRUCTIONS

Under this contract, “inspection” refers to validation that the asset is built in accordance with applicable blueprints/specifications, and presentation of inventory to the Contracting Officer’s Representative(s) (COR(s)). “Acceptance” refers to the physical custody transfer of the asset(s) and will consist of the count, condition, and verification, that all required documentation has been provided. The USCG’s inspection and acceptance of all deliverables will occur at the location specified herein under Section D-1, “Packaging and Shipping”.

The inspection for all CLINs will be F.O.B. Destination, with USCG handling final inspection and acceptance.

E.4 INSPECTION AND TESTING IN RELATION TO CONTRACTOR OPERATIONS AND FACILITIES

The USCG reserves the right to review the Contractor operation and/or facilities at any time during the period of the IDIQ contract or its orders. Further, the Contractor shall, upon request, make available to the USCG any applicable test results and/or discrepancy reports, to include any corrective actions taken for each component.

E.5 CONTRACTOR NOTIFICATION

Reported failures, non-conformities, or any other issues regarding potential safety hazards associated with these components will be processed according to the Contractor’s aviation and product safety procedures. In the event of an issue regarding safe operation of the aircraft or any other issues regarding the safe usage of these components, these issues will be reported to the customer accordingly.

E.6 FINAL INSPECTION AND ACCEPTANCE

Final inspection and acceptance of the supplies and/or services under this IDIQ contract and its orders shall be performed at destination at the USCG Aviation Logistics Center (ALC) in Elizabeth City, NC, by USCG’s local receiving personnel. This final inspection and acceptance will consist of the count, condition, and verification, that all required documentation has been provided. Final acceptance shall be by DD250, as verified by the COR(s). The COR(s) will consider components Ready for Issue (RFI) upon acceptance.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE FAR 52.252-2 (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. The full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/?q=browsefar

The following is the summary of applicable FAR clauses incorporated by reference:

52.211-17 Delivery of Excess Quantities (SEP 1989) 52.242-17 Government Delay of Work (APR 1984) 52.247-34 F.O.B. Destination (NOV 1991) 52.247-35 F.O.B. Destination Within Consignees Premises (APR 1984) 52.247-48 F.O.B. Destination – Evidence of Shipment (FEB 1999)

F. 2 DELIVERIES AND PERFORMANCE

The Contractor shall conduct contract deliveries and performance in accordance with all applicable sections of the Section “J” attachments noted herein. Additional delivery and performance instructions will be furnished on individual delivery orders.

F.3 PERIOD OF PERFORMANCE

(a) This is a five (5) year IDIQ contract with no options (other than the Option to Extend Services, if required and properly documented), with a period of performance lasting for five years following the award of the contract.

(b) Attachment 1, Pricing Schedule, include pricing for the various services available under this effort, designated by “Ordering Period.”

(c) Pricing on individual task orders reflect the pricing associated with performance during a specific time.

(d) Actual performance period dates will be established based on the contract award date, but shall be one-year in duration

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 PAYMENT ADDRESS

Pursuant to the requirements of FAR 52.204-7 (OCT 2018), payment shall be made in accordance with the address established in the System for Award Management (SAM).

G.2 SPECIAL CONTRACT ADMINISTRATION RESPONSIBILITIES

The Contracting Officer has the primary responsibility for the administration of this contract.

The Contracting Officer shall be responsible for:

(a) Ensuring that work is within the scope of the contract;

(b) Serve as primary liaison;

(c) Ensure compliance with contract requirements;

(d) Issue the Contracting Officer's final decision and handle all contract-level contractual disputes under the Contract Disputes Act; and

(e) Place all contract modifications against the Contract. Administering and final close-out;

(f) Inspection and acceptance or rejection of the equipment/services provided by the Contractor; and

(g) Making payment, withholds, or partial payment of Contractor invoices.

Unless otherwise delegated, only the designated Contracting Officer, as defined in Section G.2, has oversight of the contract as a whole.

G.3 AUTHORITY OF GOVERNMENT PERSONNEL

(a) The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract. In any event, the Contracting Officer has the only authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price, or delivery schedule of this contract.

(b) The COR is responsible for administering the performance of work under this contract. Under no circumstances, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms and conditions of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

(c) The COR may give technical direction to the Contractor that fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to facilitate the Contractor’s compliance with the contract. To be valid, technical direction by the COR must be consistent with the general scope of work set forth in this contract.

G.4 ADDRESS OF CORRESPONDENCE

All correspondence shall be forwarded to the Contracting Officer at the following address:

For US Mail delivery:

COMMANDANT (CG-9127)

ATTN: PATRICIA WILLETT

U.S. COAST GUARD

2703 Martin Luther King Jr. Ave SE

WASHINGTON DC 20593-7828

Mailstop: 7828 Email: Patricia.S.Willett@uscg.mil

For commercial courier and hand-carried deliveries:

U.S. COAST GUARD

2703 Martin Luther King Jr Ave, SE

WASHINGTON, DC 20593-7828

G.5 CONTRACTING OFFICER’S REPRESENTATIVE

Within the Program Office, a designated Government COR will coordinate the performance elements, as well as ensure the quality and effectiveness of that performance. This individual will be responsible for coordinating Contractor activities within the respective functional areas and will accomplish regular interface with the Contractor's Program Manager.

Name: Thomas (Brian) Bailey Email: Thomas.B.Bailey@uscg.mil mailto:Patricia.S.Willett@uscg.mil

Phone: (251) 441-6334

Inspection and acceptance of contract deliverables are the responsibility of the COR or the Contracting Officer except as otherwise specified in the contract under the inspection and acceptance clause or DD Form 1423, when applicable. Moreover, the Contracting Officer’s Representative serves in a supporting role to the Contracting Officer, providing advice and expertise on technical issues. However, only the Contracting Officer has the authority to authorize deviations from the terms and conditions of this contract, including deviations from specification requirements. In the event the Contractor does deviate without written approval of the Contracting Officer, such deviation shall be at the risk of the Contractor, and any costs relating thereto, shall be borne by the Contractor.

G.6 SUBMISSION OF INVOICES (COST-REIMBURSEMENT)

G.6.1 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in these instructions -

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) The Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP).

Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using a method other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

G.6.2 INVOICE PAYMENT INSTRUCTIONS

(a) WHEN TO SUBMIT: The contractor must first:

(1) Receive a fully-executed purchase order, contract, delivery order or task order

(2) Provide the requirements, and

(3) Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

(b) INVOICE CONTENT: Each invoice must contain the following information:

(1) Invoice Date

(2) Invoice Number

(3) Purchase Order Number or Contract Number or Contract and Delivery/Task Order Number

(4) Contractor’s Name

(5) Contractor’s Address

(6) Contractor’s Unique Entity Identifier (UEI)

(7) Contracting Officer’s Name

(8) Contracting Officer’s Representative’s (COR’s) Name (if applicable)

(9) Period of Performance for Work Invoiced http://www.ipp.gov/

(10) Contract Line Item Number(s) (CLIN(s)) and Description (if applicable)

(11) CLIN units for the period (if applicable), CLIN rate (if applicable), CLIN Total (if applicable)

(12) For Travel: Components in accordance with FAR 31.205-46

(13) Invoice Total

(14) Discount Offerings

(15) Status as a Small Business (if applicable) for accelerated payment

(16) The last invoice submitted for this award must be clearly labeled with “FINAL INVOICE.”

(17) NOTE: A request for payment is proper if it includes the items required by the clause at FAR 52.232-

25, Prompt Payment [(a)(3)(i) through (a)(3)(ix), with common items captured in the list above] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and will be returned to the contractor with a statement of the reason(s) it is not proper.

(c) HOW TO SUBMIT:

(1) The contractor must submit each invoice in accordance with the https://www.uscg.mil/fincen/electron/.

The contractor must not submit duplicate copies of the invoice, and the contractor must only submit the invoice via one submission method (example: online).

(2) The contractor must email the invoice and supporting documentation to include the invoice receipt generated by FINCEN from step (c)(1) above. Failure to email the invoice and supporting documentation to the following contacts may result in invoice rejection or delay in payment:

Contracting Officer: Patricia Willett, Patricia.S.Willett@uscg.mil Contracting Officer Representative: Thomas Bailey, Thomas.B.Bailey@uscg.mil

(d) PROMPT PAYMENT INFORMATION: In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice date is:

(1) On the later of:

(i) For invoices that are mailed, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

(ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date must substitute for the seventh day after the delivery date;

or

b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends must substitute for the seventh day after the delivery date;

https://www.uscg.mil/fincen/electron/ mailto:Patricia.S.Willett@uscg.mil mailto:Thomas.B.Bailey@uscg.mil

(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.

(4) Web-based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.

(5) Payment inquiries and status may be obtained at the following website:

https://www.uscg.mil/fincen/electron/

(e) Failure to follow any of these instructions will result in invoice rejection.

G.7 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data for obligations under the contract will be set forth in the contract award.

G.8 CONTRACTOR REPRESENTATIVES AUTHORIZED TO SIGN DOCUMENTS

Upon execution of this contract, the Contractor shall provide a list to the Contracting Officer which identifies the Contractor representative(s) authorized to sign written communications or make obligations on behalf of the Contractor. The list shall specifically contain the following:

(a) Name of the individual authorized to sign Contractor-generated technical data and Contractor management type documentation; and

(b) Type of documentation each individual is authorized to sign.

(c) Upon addition or deletion of one or more names, the list shall be revised accordingly, and the updated list shall be provided to the Contracting Officer.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 PERSONAL SERVICES

(a) None of the requirements in this contract comprises a personal services contract as defined by FAR subpart 2.101, “Definitions”, and FAR subpart 37.104, “Personal Services Contracts”.

(b) USCG will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the USCG assign tasks or prepare work schedules for individual Contractor employees. It is the responsibility of the Contractor to manage its employees and to guard against any actions that are personal services or give the perception of personal services. If the Contractor feels that any actions constitute or are perceived to constitute personal services, it shall be the contractor’s further responsibility to notify the Contracting Officer, Contract Specialist, and primary and alternate Contracting Officer’s Representative(s), immediately.

https://www.uscg.mil/fincen/electron/

H.3 INHERENTLY GOVERNMENTAL FUNCTIONS

(a) Per FAR subpart 7.5, “Inherently Governmental Functions”, the Contracting Officer has determined that all work contemplated hereunder is properly scoped so that the Contractor will not perform any inherently governmental functions. The oversight and assessment of Contractor performance and Contractor compliance with contract requirements, stipulation and management of requirements, program decisions, and acceptance of supplies and/or services delivered by the Contractor to the USCG are inherently governmental functions and USCG personnel will perform them. This oversight and assessment of contractor personnel by USCG personnel will ensure contractors are prevented from performing inherently governmental functions.

(b) Further, the Contracting Officer advises the Contractor that:

i. Final determination for all work products, recommendations, and the like is reserved for USCG personnel, and

ii. Contractor personnel who attend meetings or work in situations where their actions could be construed as acts of government officials shall clearly identify themselves as Contractor personnel.

H.3 INFORATION SECURITY AND DISCLOSURE

(a) The information herein applies to the Contractors, its subcontractors, and Contractor employees (with these groups hereafter referred to collectively as the “Contractor”).

(b) Any USCG information made available to the Contractor or to which USCG provides access and which is marked or should be marked “For Official Use Only” or “FOUO” shall be used only for carrying out this contract’s requirements. Such information shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Disclosure outside of the Contractor, its subcontractor(s), or to USCG personnel, shall require prior approval by the Contracting Officer. The Contractor shall request to make such disclosures by emailing the Contracting Officer, Contract Specialist, and Contracting Officer’s Representative(s).

(c) The Contracting Officer reminds the Contractor that information furnished under this solicitation and resulting contract may be subject to disclosure under the Freedom of Information Act (FOIA).

Therefore, all items that are confidential to business, or contain trade secrets, proprietary information, or personnel information, shall be clearly marked. Marking of items will not necessarily preclude disclosure when the U.S. Office of Personnel Management (OPM) or other government entities determine that disclosure is warranted by FOIA. However, if such items are not marked, the Contracting Officer may deem all information contained within the submitted documents as releasable.

(d) During the performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of USCG information and shall ensure that all work performed by its subcontractor(s) shall be made under the supervision of the Contractor or the Contractor’s responsible employees.

“Supervision” is defined as the contractor flowing down all applicable clauses in this solicitation (including all Section H clauses) to the subcontractor and ensuring the subcontractor exercises due diligence in properly securing USCG’s data.

(e) The Contractor shall not use or redistribute any sensitive information processed, stored, and/or transmitted by the Contractor except as specified in the contract.

(f) The Contractor shall provide adequate security to prevent the comprising of all stored information from this IDIQ contract and its orders against unauthorized release or disclosure. “Adequate security” is the protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information. “Comprising” is the disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred. “Unauthorized release or disclosure” is the intentional or unintentional release of data pertinent to this IDIQ contracts or its orders by a party without an immediate need to know. The Contractor may contact the Contracting Officer or COR(s) if there is any concern or questions regarding data access and shall contact these individuals if any party not previously authorized to receive data requests it.

(g) Any unauthorized release or disclosure of the data shall be reported to the Contracting Officer and COR(s) within seventy-two (72) hours of any such incident. (h) The USCG Contracting Officer and/or a USCG Contracting Officer’s Representative may choose to conduct random periodic reviews to ensure that the security requirements contained in this contract are being implemented and enforced. The Contractor shall afford the USCG Contracting Officer and/or a USCG Contracting Officer’s Representative and any government IT personnel specified by these individuals, access to the Contractor’s facilities, installations, operations, documentation, databases, and personnel, used in the performance of this IDIQ contract and its orders. The Contractor shall provide access to the extent necessary as determined by the USCG Contracting Officer and/or a USCG Contracting Officer’s Representative. This access shall allow the USCG to carry out a program of inspection, investigation, and audit, to safeguard against threats and hazards to the integrity, availability, and confidentiality, of the USCG data or the function of computer systems used in performance of this contract and to preserve any evidence of computer crime.

H.4 PHYSICAL SECURITY AND STANDARDS OF CONDUCT

(a) During the period of this IDIQ contract and its orders, the rights of ingress and egress to and from any USCG office for the Contractor’s personnel shall be made available as deemed necessary by the

USCG.

(b) All Contractor employees, whose duties under this contract require their presence at any USCG facility, shall be clearly identifiable by a distinctive badge furnished by the USCG (such as a Common Access Card or CAC). The Contractor shall provide all required security information necessary to obtain a USCG badge to the COR(s) within fourteen (14) days of the COR request.

(c) All on-site Contractor personnel shall abide by security regulations applicable to the site. The Contractor shall ensure that its employees always present a professional appearance at all times and their conduct shall not reflect discredit upon the USCG or DHS.

(d) The USCG COR, at his or her sole discretion, may direct the Contractor to remove any Contractor employee from USCG or DHS facilities for misconduct or security reasons. The removed Contractor employee shall surrender his or her Common Access Card (CAC) and any other Government-Furnished Property (GFP) to the COR prior to his or her departure from the facility. Removal does not relieve the

Contractor responsibility to continue meeting the requirements of the IDIQ contract and its orders. The Contracting Officer shall provide an explanation of the removal to the Contractor within fourteen (14) days of the removal.

H.5 UNAUTHORIZED WORK AND UNFUNDED ORDERS

(a) The Contractor is not authorized to commence delivery order performance prior to issuance of a delivery order signed by a duly warranted USCG contracting officer. The USCG may or may not compensate the Contractor for any work performed prior to receipt of the executed delivery order and the Contractor is hereby notified that it would be working at its own risk.

(b) No unfunded delivery orders are allowed under this IDIQ contract.

H.6 OBSERVANCE OF LEGAL HOLIDAYS, EXCUSED ABSENSES, AND TELEWORK

(a) The USCG hereby provides notification of official federal holidays, as noted by the Office of Personnel Management (OPM) on the following website: https://www.opm.gov/policy-dataoversight/ pay-leave/federal-holidays/

(b) In addition to the above-noted federal holidays, the USCG may observe any other holiday designated by federal statute, executive order, and presidential proclamation. If such a holiday arises, the Contracting Officer or COR(s) will provide details to the Contractor as soon as possible, but within at least fourteen (14) days of the holiday.

(c) Should USCG personnel be granted an excused absence, assigned Contractor personnel may also be dismissed at the discretion of the Contracting Officer or COR(s). The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or as scheduled and shall be guided by instructions issued by the Contracting Officer or COR(s).

(d) Should there be an unexpected USCG closure or a furlough of USCG employees, the Contractor shall contact the COR(s) for further information. It will be the USCG’s decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

i. Contractor personnel that are able to continue contract performance (either on-site, at another site, or via telework) shall continue to work and the order price shall not be reduced or increased.

ii. Contractor personnel that are not able to continue contract performance may be asked to cease their work effort. Further direction on invoicing, security, and other information, will be provided by the Contracting Officer or the COR(s).

(e) For all extraordinary circumstances noted herein (holidays, furloughs, etc.), the Contractor and USCG understand that it is not a reason for an additional period of performance or entitlement of compensation except as noted herein or on each delivery order. In the event the Contractor’s personnel work during a holiday, they may be reimbursed by the Contractor. However, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than the Contractor employee’s normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if noted in a delivery order.

(f) In light of any extraordinary circumstance (particularly in the event of facility closures), the

USCG wishes to maintain normal business procedures as much as possible. To that end, telework may be available under this IDIQ contract and its orders, provided the Contractor obtain approval of a COR prior to commencing telework.

(g) Nothing in this clause abrogates the rights and responsibilities of the parties relating to stop work provisions as cited in other contract sections.

H.7 ADDITIONAL GUDANCE RELATING TO THE FAR CLAUSE 52.245-1, “GOVERNMENT

PROPERTY”

(a) FAR clause 52.245-1, “Government Property”, is included in this IDIQ contract and each of its orders, as noted in Section I, “Contract Clauses”.

(b) The CLIN prices noted in Section B, “Supplies or Services and Prices/Costs”, do not include any costs under FAR clause 52.245-1, “Government Property”, associated with preparing the USCG property for shipment, delivering the USCG property F.O.B. Origin, and disposing of the USCG property as directed by the Plant Clearance Officer under paragraph (j)(7) of the aforementioned clause.

Such USCG property disposal costs shall be negotiated with the Contracting Officer and COR(s).

(c) Further, the CLIN prices noted in Section B do not include any amount for costs associated with the transition and/or shutdown of the cabin line for purposes of post-production support. Production shutdown for purposes of this clause is limited to those efforts associated with preservation and disposition of Government Furnished Property (GFP), tooling, Government Furnished Information (GFI), and data that may be provided under the aforementioned clause.

H.8 CERTIFIED COST OR PRICING THERSHOLD

(a) For the purposes of this solicitation and its resulting IDIQ contract and orders, as well as for the purposes of all provisions and clauses included herein, the certified cost or pricing threshold is $2,000,000.00.

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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 may be accessed electronically at these Internet addresses:

1. FAR: https://www.acquisition.gov/far/index.html

2. HSAR: http://farsite.hill.af.mil/vfhsara.htm

FAR 52.202-1 Definitions (Jun 2020) FAR 52.203-3 Gratuities (Apr 1984)

FAR 52.203-17

(DHS Deviation Memo 14-01

SEP

2013)

Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020)

FAR 52.204-2 Security Requirements (Mar 2021) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) FAR 52.228-5 Insurance—Work on a Government Installation. (Jan 1997) FAR 52.232-1 Payments (Apr 1984) FAR 52.232-18 Availability of Funds (Apr 1984) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec

2013) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr

1984) FAR 52.237-3 Continuity of Services (Jan 1991) FAR 52.243-1 Changes – Fixed Price (ALT II – Apr 1984) (Aug 1987)

FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2021)

FAR 52.245-1 Government Property (ALT I – Apr 2012) (Jan 2017) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) FAR 52.249-6 Termination (Cost-Reimbursement) (May 2004) FAR 52.251-2 Interagency Fleet Management System Vehicles and Related Services (Jan

1991) https://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/vfhsara.htm

I.2 FAR CLAUSES INCORPORATED IN FULL TEXT

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

(a) Definition. As used in this provision –

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via–

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

https://www.sam.gov/ https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://cage.dla.mil/ https://www.acquisition.gov/far/52.204-17#FAR_52_204_17 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254.

The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESNTATION (NOV 2015)

(a) Definitions. "Inverted domestic corporation" and "subsidiary" have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that-

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(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.