LRCCA RFP 6JUL20.pdf

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation.

OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

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

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

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

Formal protests filed under the OPAP program should be submitted 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.

The Ombudsman Hotline telephone number is 202-372-3695.

7 JUL 2020

From: Ms. R. Deale, Contracting Officer (CG-9127)

To: Gulfstream Aerospace Corporation

Attn: Laurel Heider 500 Gulfstream Road Savannah, GA 31408

Subject: Request for Proposals (RFP) 70Z023-20-R-LRC001, Requisition #

2120230LRC001

1. The United States Coast Guard (USCG) CG-9127 intends to place a firm-fixed-price order with Gulfstream Aerospace Corporation (Gulfstream) against U.S. Air Force (USAF) commercial contract FA8134-19-D-0001 for the purchase of a C-37B variant G550 aircraft delivered in accordance with the following attachments:

a. Specification: U.S. COAST GUARD LONG RANGE COMMAND AND CONTROL AIRCRAFT C-37B Aircraft Requirements

b. Attachment A: Contract Data Requirements Lists (CDRLs)

c. Attachment B: Government Furnished Equipment (GFE)

d. Attachment C: Interior Upholstery and Color Scheme

e. Attachment D: Exterior Paint Scheme

2. It is requested that Gulfstream propose a price and delivery date for the aircraft in accordance with the attachments.

3. In order to determine the proposed price to be fair and reasonable prior to award as required by FAR 15.402(a), Gulfstream shall also provide a copy of its commercial catalog or price list and information demonstrating that the price proposed compares favorably to prices paid for the same or similar aircraft under comparable terms and conditions by Government and commercial customers besides the USCG (see FAR 15.403-1(c)(3)(ii)(B)).

4. In the event that the USCG contracting officer determines that the information provided by Gulfstream as part of its proposal is not sufficient to determine the reasonableness of the proposed price, other relevant information regarding the basis for price or cost, including information on labor costs, material costs and overhead may be requested prior to any order award (see FAR 15.403-1(c)(3)(ii)(C)).

Commandant United States Coast Guard

2703 Martin Luther King Jr Ave, SE Washington, DC 20593-7828

STOP 7828

Staff Symbol: CG-9127 Phone: (202) 475-3078 E-mail: Rebecca.Deale@uscg.mil

5. In addition to the clauses specified in contract FA8134-19-D-0001 and in accordance with that contract’s Federal Acquisition Regulation (FAR) clause 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998), the following FAR and Homeland Security Acquisition Regulation (HSAR) clauses will be incorporated by reference in any order resulting from this RFP:

Clause Description Version FAR 52.202-1 Definitions JUN 2020 FAR 52.203-5 Covenant Against Contingent Fees MAY 2014 FAR 52.203-6 Restrictions on Subcontractor Sales to the

Government

JUN 2020

FAR 52.203-7 Anti-Kickback Procedures JUN 2020 FAR 52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

FAR 52.204-23

Follow FAR Class Deviation 20-05

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

JUL 2018

FAR 52.204-25

Follow Class Deviation 20-05

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

JUL 2018

FAR 52.222-54 Employment Eligibility Verification OCT 2015 FAR 52.223-18 Encouraging Contractor Policies to Ban Text

Messaging While Driving

JUN 2020

FAR 52.225-1 Buy American - Supplies MAY 2014 FAR 52.225-13 Restrictions on certain foreign purchases JUN 2008 FAR 52.232-1 Payments APR 1984 FAR 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 FAR 52.233-2 Service of Protest SEP 2006 FAR 52.233-3 Protest after Award AUG 1996

FAR 52.244-6

Follow Class Deviation 20-04

Subcontracts for Commercial Items APR 2020

FAR 52.245-1 Government Property JUN 2017 FAR 52.246-16 Responsibility For Supplies APR 1984 HSAR 3052.203-70 Instructions for Contractor Disclosure of

Violations

SEP 2012

HSAR 3052.204-70 Security Requirements for Unclassified Information Technology Resources

JUN 2006

HSAR 3052.204-71

Follow HSAR Class Deviation 15-01

Contractor Employee Access SEP 2012

HSAR 3052.205-70 Advertisements, Publicizing Awards, and Release SEP 2012 HSAR 3052.211-70 Index for Specifications DEC 2003 HSAR 3052.222 -70 Strikes or Picketing Affecting Timely Completion DEC 2003 of the Contract Work

Clause Description Version HSAR 3052.222 -90 Local Hire (USCG) JUN 2006 HSAR 3052.242-72 Contracting Officer’s Technical Representative DEC 2003 HSAR 3052.247-72 F.O.B. Destination Only DEC 2003

These clauses are those in effect through Federal Acquisition Circular 2020-06 (Effective 05 June 2020) and their full text may be accessed at the following web addresses:

a. FAR: https://www.acquisition.gov/browse/index/far

b. HSAR: https://www.acquisition.gov/hsar

In the event of conflict between these clauses and the clauses in contract FA8134-19-D-0001, these clauses shall prevail.

6. Gulfstream shall complete the following certification as a part of its proposal:

FAR 52.225-2 Buy American Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Supplies.”

(b) Foreign End Products:

Line Item No.

Country of Origin

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of provision)

7. It is anticipated that the following information will apply to any order issued as a result of this

RFP:

Payment Address and Invoicing Requirements

a. Pursuant to the requirements of FAR provision 52.204-7, “System for Award Management”, USCG will make payments in accordance with the address established in the System for Award Management (SAM).

b. Pursuant to the requirements of FAR clause 52.232-33, “Payment by Electronic Funds Transfer – System for Award Management”, USCG will make payments to the Contractor via electronic funds transfer (EFT).

c. The Contractor shall follow the proper invoicing procedures outlined in the FAR clause 52.232-25, “Prompt Payment”. Failure to follow these procedures could result in delay of payment or rejection of the invoice.

d. In addition to the procedures set forth in the FAR clause 52.232-25, “Prompt Payment”, the contractor shall provide the following information on all invoices:

i. The order number, the CLIN number(s) being invoiced, the invoice number, the amount to be paid (with a breakdown of quantity and unit price), and any reduction due to late shipment, if applicable.

ii. In addition to the requirements of the FAR clause 52.232-25, “Prompt Payment”, the requisition number found in block six (6) of the delivery order’s SF-1449 shall be included on each invoice.

iii. The Contractor shall supply any additional information requested for verification of work completion upon request at no cost to the USCG. The USCG reserves the right to reject any invoice and will provide an explanation within fourteen (14) days to the Contractor after rejection

e. The Contractor shall submit all invoices first via email to the Contracting Officer (KO), Contract Specialist (KS), and the primary and alternate COR(s). Once the KO, KS, and COR(s) have approved the invoice, the KO or KS will notify the Contractor. The Contractor shall then submit the invoice electronically to the USCG Finance Center (FINCEN) via the following link:

https://www.fincen.uscg.mil/electron_cg24.htm or by the link provided by the USCG Contracting Officer Contract Specialist, or COR(s) in separate correspondence.

f. This two-step process ensures that invoices are reviewed ahead of time and can be rapidly processed once submitted to the finance office.

g. USCG may use the services of the Defense Contract Audit Agency (DCAA) and the Defense Contract Management Agency (DCMA) to assist with contract audits and invoice reviews.

Authority of Government Personnel

a. The Contracting Officer (KO) is the only person authorized to approve changes in any of the requirements under this order. In any event, no other individual besides the KO has the authority to issue any direction under this order, either technical or otherwise, which constitutes a change to the terms, conditions, price, or delivery schedule of this order. The Contract Specialist (KS) has the authorization to approve invoices, accept data deliverables, and to sign routine contract administration documentation.

b. The primary and alternate Contracting Officer’s Representative(s) (COR(s)) are responsible for monitoring the performance of work under this order. Under no circumstances, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms and conditions of this order, be effective or binding upon the USCG unless formalized by proper contractual documents executed by the KO prior to completion of the order.

d. 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 the work set forth in this contract.

e. USCG will provide the names and contact information for the KO, KS, and the primary and alternate COR(s), in separate correspondence to the Contractor.

f. The Contractor shall send all contract correspondence electronically to the KO, KS, and the primary and alternate COR(s).

Accounting and Appropriation Data

The accounting and appropriation data will be contained on the order’s SF-1449 and will be contained as applicable on all subsequent modifications involving a change in accounting lines or the contract value.

Contractor Representatives Authorized to Sign Documents

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

i. The name(s) and contact information of each individual authorized to sign contractor-generated technical data and contractor management type documentation; and,

ii. The type of documentation each individual is authorized to sign.

This list shall be kept updated and accurate. As the personnel on the list join the Contractor or leave, the Contractor shall revise the list accordingly and send the updated list to the Contracting Officer and Contract Specialist within fourteen (14) days of any changes in individuals discovered by the Contractor or by the USCG.

Address of Correspondence

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

COMMANDANT (CG-9127)

ATTN: REBECCA DEALE

U.S. COAST GUARD MAIL STOP 7800

2703 MARTIN LUTHER KING JR AVE SE

WASHINGTON DC 20593-7800

E-mail: Rebbeca.Deale@uscg.mil

8. Please send one (1) electronic copy of the proposal to Matthew.L.Wallace@uscg.mil, copy also to Rebecca.Deale@uscg.mil on or before July 21, 2020, 9:00AM Washington, DC time.

The proposal shall remain valid until 31 December 2020.

9. No proposal preparation fee will be paid for this effort.