Request for Quotation- Special Notice- 52800PR230001952.pdf

The Service Contract Act applies.

The purchase order resulting from this solicitation will be issued as a FIRM-FIXED PRICE purchase order. The award will be made to the Offeror submitting the lowest priced quotation.

UNIQUE ENTITY IDENTIFIER (UEI) NUMBER, FEDERAL TAX IDENTIFICATION NUMBER,

AND CAGE CODE MUST BE INCLUDED.

RESPONSES to this RFQ must be forwarded to: Ann Leuters, Email: Ann.m.Leuters@uscg.mil and Mark Rushing, Mark.a.rushing@uscg.mil.

This solicitation includes the Requirements document and provisions & clauses and the following attachments:

Request for Quotation, including Requirements and Provisions & Clauses Attachment 1- IPP Clause Attachment 2- Electronic Submission of Payment Instructions

USCG Points of Contact:

Contracting Officer: Mark Rushing, Email: Mark.a.rushing@uscg.mil Contract Specialist: Ann Leuters, Email: Ann.m.leuters@uscg.mil

REQUEST FOR QUOTATION

Open Market - Service Contract

Firm-Fixed Price **Responses to this RFQ are due no later than 3:00 P.M. HDT, Wednesday, June 27th, 2023**

REQUEST NUMBER:

52800PR230001952

CONSIGNEE AND DESTINATION:

USCG Base Honolulu 400 Sand Island Parkway Honolulu, Hi 96819

RESPONSES DUE:

On or before 3:00 P.M. HDT, Wednesday, June 27th, 2023 Period of Performance (PoP):

05 July 2023 – 11 July 2023

FOB:

DESTINATION

LINE

ITEM

QTY UNIT MFG PART # DESCRIPTION

1 1 JB N/A Scaffolding and Crane services to support the CGC Kimball SPQ-9 Repairs.

Statement of Work attached.

mailto:Ann.m.Leuters@uscg.mil mailto:Mark.a.rushing@uscg.mil mailto:Mark.a.rushing@uscg.mil mailto:Ann.m.leuters@uscg.mil

PR #: 52800PR230001952

STATEMENT OF WORK

Statement of Work (SOW) Scaffolding & Crane Services for CGC KIMBALL

PR # 52800PR230001952

A. GENERAL INFORMATION

Title of Project: Scaffolding & Crane Services ISO CGC KIMBALL

1. Scope of Work: The vendor shall provide scaffolding, crane & operator services for the USCGC KIMBALL as per the following specifications and timeline:

a. Timeline: The vendor shall erect approximately 10 feet of scaffolding on 05-07 July 2023 and remove the scaffolding on 11 July 2023. The scaffolding will be required for 1 day of use on Monday, 10 July 2023. The vendor shall provide a crane and operator on Monday,10 July 2023.

b. Scaffolding Requirements:

• The scaffolding shall be erected on the mast, specifically on the SPQ-9 Radar Platform, located approximately 100-110 feet above the pier.

• The scaffolding shall provide a working platform all around the radar at a height of approximately 4-5 feet from the deck of the SPQ-9 mast platform.

• The working platform shall be leveled with the bottom of the antenna array, allowing for clearance of approximately 6 to 8 inches to facilitate the removal of radar covers.

• The scaffolding shall extend about 5-6 feet from the working platform to provide safety bars/rails.

• The vendor is responsible for any crane requirements to include the lifting and removal of scaffolding from the cutter.

c. Crane & Operator:

• The vendor shall provide a crane and operator for the project.

• The crane shall be capable of lifting approximately 150 pounds of radar cover part to the SPQ-9 Radar Platform, located about 100-110 feet from the pier.

• The vendor shall also provide lifting straps to support the lifting of the 150-pound radar cover and the removal of the old damaged cover from the SPQ-9 radar mast platform.

d. Scaffolding Removal:

• The vendor shall be responsible for the safe and timely removal of the scaffolding from USCGC KIMBALL upon completion of the project.

STATEMENT OF WORK

• The vendor is responsible for any crane requirements to include the lifting and removal of scaffolding from the cutter.

e. Familiarity Site Visit: A familiarity site visit to USCGC KIMBALL at the pier is available upon request during normal working hours, Monday-Friday 0700-1500.

f. Weather Conditions: If weather conditions prohibit the completion of any aspect of the project, the vendor shall contact the assigned Contract Specialist and Contracting Officer as soon as possible to discuss alternate days for work completion.

g. Damage to Coast Guard Property or Equipment:

• In the event of damage to Coast Guard property or equipment, the vendor shall immediately stop work.

• The vendor shall assess the damage together with assigned shipboard personnel and the project POC, CWO Jose Guzman.

• The vendor shall request guidance from the contracting specialist once it is determined that no further hazard to personnel, property, or equipment exist.

• Once clearance is given, the project shall continue.

Crane reach/distance example:

Scaffolding Working platform leveled with bottom of antenna array, provide clearance to allow cover removal:

2. Background: This Scaffolding & Crane service is required for corrective maintenance.

3. Type of Contract Contemplated: This will be a FIRM-FIXED priced purchase order.

B. VENDOR REQUIREMENTS

• The vendor shall adhere to OSHA standard Construction Industry. The vendor shall arrive on scene Coast Guard Base Honolulu at the specified dates and times.

• The vendor is responsible for any crane requirements.

• The vendor is responsible for providing all rigging equipment required to complete a successful evolution.

• The Government is NOT providing any tools/equipment to support the assembly/dismantling of the scaffolding. Crane, Manlift, ladders, straps, etc. are the responsibility of the vendor.

• Visiting Vendor employees shall comply with all Government escort rules and requirements. All Vendor employees shall identify themselves as Vendors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

C. GOVERNMENT RESPONSIBILITIES

• The Government shall provide clear access to the pier.

• The Government shall provide a representative to serve as point of contact for work coordination and base access. The government will ensure personnel aloft restriction standards are in place onboard USCGC KIMBALL prior to start of work evolutions.

• The Government may, at its sole discretion (via the Contracting Officer*), direct the Vendor to remove any Vendor employee from DHS facilities for misconduct or security reasons. Removal does not relieve the Vendor of the responsibility to continue providing the services required under the contract. The Contracting Officer will provide the Vendor with a written explanation to support any request to remove an employee.

D. TRAVEL

No travel will be reimbursed for this task order.

E. SECURITY REQUIREMENTS:

Vendor personnel must be U. S. citizens and will be required to present REAL ID act compliant identification in order to access the work site. The vendor shall use the East Gate when entering Base Honolulu. Call Base OOD/Base Watchstander @ 808-221- 1363 when at gate for access. In addition, vendor personnel shall contact CWO Jose Guzman, (808) 284-8572 upon arrival to- and upon departure from- Base Honolulu on each of the project dates.

F. PLACE AND PERIOD OF PERFORMANCE

Place of Performance USCG Base Honolulu 400 Sand Island Parkway Honolulu, Hi 96819

Period of Performance July 5th through July 11th 2023.

• Assembly of scaffolding July 5th-July 7th 2023;

• Target use date July 10th, 2023 for scaffolding;

• 1 day of assembled scaffolding, crane & operator- Target Date July 10th 2023;

• Scaffolding shall be removed on July 11th 2023.

Onsite Base Honolulu between the hours of 0800 & 1600.

Specific days/hours to be coordinated with Vendor.

G. USCG Points of Contact

Contracting Officer Mark Rushing Email: Mark.a.rushing@uscg.mil

Contract Specialist Ann Leuters Email: Ann.m.leuters@uscg.mil

USCG Technical POC:

CWO Jose Guzman Phone: 808-284-8572 Email: Jose.m.guzman@uscg.mil

FAR Provisions:

RFQ- 52800PR230001952

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquistion.gov (End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204- 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or https://www.acquisition.gov/far/part-52#FAR_52_107 http://www.acquistion.gov/ https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

https://www.sam.gov/

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in 4.2105(c), insert the following provision:

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision) https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.sam.gov/

52.222-42 Statement of Equivalent Rates for Federal Hires.

As prescribed in 22.1006(b), insert the following clause:

STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage – Fringe Benefits WG-10 Step 2 $34.24-$15.63

FAR Clauses:

RFQ- 52800PR230001952

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

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):

www.acquisition.gov (End of clause) https://www.acquisition.gov/far/part-52#FAR_52_107 http://www.acquisition.gov/

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of

Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in

Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration

Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or https://www.acquisition.gov/far/part-4#FAR_4_2105

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part

73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50

U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

HSAR Provisions:

HSAR Clause Title Date

3052.203-70 Instructions for Contractor Disclosure of Violations SEP 2012 3052.209-70 Prohibition on Contracts with Expatriates JUN 2006

3052.209-72 Organizational Conflict of Interest As prescribed in (HSAR) 48 CFR 3009.507-1, insert the following provision:

Organizational Conflict of Interest (JUN 2006)

(a) Determination. The Government has determined that this effort may result in an actual or potential conflict of interest, or may provide one or more offerors with the potential to attain an unfair competitive advantage. The nature of the conflict of interest and the limitation on future contracting is the limited availability of services rendering searchable vessel information through only a handful of vendors able to compete in this market.

(b) If any such conflict of interest is found to exist, the Contracting Officer may

(1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of the United States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded. After discussion with the offeror, the Contracting Officer may determine that the actual conflict cannot be avoided, neutralized, mitigated or otherwise resolved to the satisfaction of the Government, and the offeror may be found ineligible for award.

(c) Disclosure: The offeror hereby represents, to the best of its knowledge that:

_(1) It is not aware of any facts which create any actual or potential organizational conflicts of interest relating to the award of this contract, or

_(2) It has included information in its proposal, providing all current information bearing on the existence of any actual or potential organizational conflicts of interest, and has included a mitigation plan in accordance with paragraph (d) of this provision.

(d) Mitigation. If an offeror with a potential or actual conflict of interest or unfair competitive advantage believes the conflict can be avoided, neutralized, or mitigated, the offeror shall submit a mitigation plan to the Government for review. Award of a contract where an actual or potential conflict of interest exists shall not occur before Government approval of the mitigation plan. If a mitigation plan is approved, the restrictions of this provision do not apply to the extent defined in the mitigation plan.

(e) Other Relevant Information: In addition to the mitigation plan, the Contracting Officer may require further relevant information from the offeror. The Contracting Officer will use all information submitted by the offeror, and any other relevant information known to DHS, to determine whether an award to the offeror may take place, and whether the mitigation plan adequately neutralizes or mitigates the conflict.

(f) Corporation Change. The successful offeror shall inform the Contracting Officer within thirty (30) calendar days of the effective date of any corporate mergers, acquisitions, and/or divestures that may affect this provision.

(g) Flow-down. The contractor shall insert the substance of this clause in each first tier subcontract that exceeds the simplified acquisition threshold.

(End of provision)

HSAR Clause:

HSAR Clause Title Date 3052.205-70 Advertisements, Publicizing Awards, and Release JUN 2006 3052.203-70 Instructions for Contractor Disclosure of Violations SEPT 2012