S1.12a Combined Synopsis Sol 70Z08021Q16005B00 MBH.pdf

COMBINED SYNOPSIS / SOLICITATION

70Z08021Q16005B00

Mobile Boat Hoist (MBH)

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.

Solicitation No.: 70Z08021Q16005B00

Commanding Officer

USCG Surface Forces Logistics Center

(CPD-C&P1-PBPL)

2401 Hawkins Point Road, Bldg. 31 LL

Baltimore, MD 21226

The U.S. Coast Guard (USCG) Surface Forces Logistics Center intends on awarding a firm, fixed-priced contract for (2) upgraded Mobile Boat Hoist (MBH) which will support availabilities at Industrial

Production Facility (IPF) in Honolulu, HI and South Portland, ME.

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and no further written solicitations will be issued.

II. The solicitation number is 70Z08021Q16005B00. The solicitation is being issued as a request for quotation (RFQ).

III. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular

(FAC) 2021-05.

IV. Set-aside Status: No Set-aside. North American Industry Classification System (NAICS) Code is

333923 with a small business size standard of 1250 employees.

V. A list of the contract line item numbers (CLINs), items, estimated quantities and units of measure to be acquired can be found in Attachment I: Schedule of Supplies and Prices. Insert unit and total price in U.S. Dollars for all CLINs listed in the Schedule. Unit prices shall include shipping costs, free on board (F.O.B.) Destination and the cost of packaging, marking and bar-coding. (Note: the Extended

Price column and Extended Total should automatically calculate and populate.)

VI. Description of requirement:

See Attachment 2 - Statement of Work (SOW)

CLIN DESCRIPTION QTY

35 Metric Ton MBH

Replacement

MBH shall be delivered and assembled at U.S. Coast Guard

Base Honolulu Beach, HI attention to the Industrial Manager of

Industrial Production Facility, Honolulu Beach, HI. The hoist should be constructed and sized to accommodate several U.S. Coast

Guard small boats limited to; the

Coast Guard 45%u2019 RBM. The

MBH must have a capacity of 35

Metric Tons.

1 EA

Conduct Testing and Training

MBH shall be tested IAW with applicable OSHA requirements.

All operators shall be trained and tested for operations, inspections and general Preventative

Maintenance.

2 EA (1 per hoist)

Disassembly Of Existing 35

Metric Ton MBH

Existing MBH is to be disassembled and stacked in a location chosen by the Industrial

Manager of Industrial Production

Facility, Honolulu Beach, HI

1 EA

50 Metric Ton MBH

Replacement

MBH with enclosed operators cabin shall be delivered and assembled at

U.S. Coast Guard Sector Northern

New England, South Portland, ME attention to the Industrial Manager of IPF, South Portland, ME. The hoist should be constructed and sized to accommodate several U.S.

Coast Guard small boats at this time; the Coast Guard 45' RBM, 47'

MLB, 49' BUSL, and the 55' ANB.

The MBH must have a capacity of

50 Metric Tons.

1 EA

Contract Type: This solicitation will result in the USCG SFLC awarding one (1) firm fixed-priced, contract.

Performance Period: This contract shall be in effect for one (1) year beginning on date of award.

Place of Contract Performance: IPO Honolulu and IPO South Portland

Extent of Obligation: The Government is obligated only to the extent of authorized purchases actually made under this contract. The quantities specified on this solicitation are only an estimate. The

Government may order more or less depending on actual needs.

Ordering: The U.S. Coast Guard will issue individual delivery orders for the CLINs attached as authorized by the Contracting Officer or the authorized representative of the Contracting Officer.

Orders may be issued by mail, e-mail, facsimile, and orally (followed up in writing).

Individuals Authorized to Place Orders: The U.S. Coast Guard, Surface Forces Logistics Center, CPD C&P1, Patrol Boat Product Line is the only contracting office authorized to place orders against this Contract.

VII. Delivery and acceptance and FOB point:

PLACE OF DELIVERY – DESTINATION

35 ton capacity MBH shall be delivered and assembled at U.S. Coast Guard Base Honolulu Beach, HI attention to the Industrial Manager of Industrial Production Facility, Honolulu Beach, HI.

50 ton capacity MBH shall be delivered and assembled at U.S. Coast Guard Sector Northern New

England, South Portland, ME attention to the Industrial Manager of IPF, South Portland, ME.

Contract Number: {To be furnished at time of contract award}

E-mail: Jennifer.b.lucas@uscg.mil

Inspection and Acceptance:

Inspection shall take place at origin by a Government Quality Assurance (QA) representative.

Final acceptance shall be made by a Government representative at destination. Acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the preservation, packaging, and marking requirements. Contractor shall provide and maintain an inspection system acceptable to the Government.

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

Required delivery schedule:

Delivery is expected 210 days after receipt of the order

The Government will evaluate quotes that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the required delivery period specified above may be considered unacceptable and may be rejected. The

Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule. If the quoter proposes no other delivery schedule, the required delivery schedule above will apply.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful quoter, results in a binding contract. The Government will mail or otherwise furnish to the quoter an award or notice of award not later than the day award is dated. Therefore, the quoter should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date; the offer will be considered nonresponsive and rejected.

(End of Clause)

VIII. FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (MAR 2020)

APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE.

(ADDENDUM)

A. To ensure timely and equitable evaluation of the quote, the quoter must follow the instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

B. The contracting officer has determined there is a probability of adequate price competition in this acquisition. Upon examination of the initial quotes, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional data will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; quoters may be required to submit other than cost and pricing data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

ALL CONTRACTORS ARE RESPONSIBLE FOR VERIFYING RECEIPT OF THEIR

QUOTES.

C. You shall submit an electronic copy of your firm’s signed and dated quote to Jennifer Lucas at

Jennifer.B.Lucas@uscg.mil, no later than September 10, 2021 by 4:00 PM Eastern Time. Your submission shall include 70Z08021Q16005B00 in the subject line of the email. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation.

D. Quoter must be registered and active in the System for Award Management (SAM), website location https://www.sam.gov, at time of submittal. If you are not actively registered in SAM, your quotation may not be considered.

E. The data submission must include sufficient detail to allow the Coast Guard to evaluate the quotation relative to the requirements. As a minimum, quotes must show:

(1) The solicitation number 70Z08021Q16005B00

(2) The Company Name, DUNS Number, Company Address and Point of Contact Name, Telephone

Number and E-mail Address;

(3) Warranty Information: Quotations must include details of the quoter’s manufacturer's warranty services and warranty support plan. Quotation must document the length of warranty support including number of operational hours and or calendar days which the item will be warranted free of defects. At a minimum quoters will provide a single point of contact for warranty claims.

Claims may be made from 0800 to 1630 EST, Monday through Friday. Quotation shall provide a plan for warranty resolution within 24 hours of notification;

(4) Quotation must include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation;

(5) A completed copy of the representations and certifications at FAR 52.212-3 Offeror

Representations and Certifications - Commercial Items (see FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically). Quoters that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration;

(6) Price: The price shall represent the best price in response to the request for quote. The price shall be evaluated to determine fairness and reasonableness. Provide prices for all items/CLINS for the mailto:Jennifer.B.Lucas@uscg.mil

Base and all subsequent years. Please enter pricing into Attachment I. Pricing must be submitted for each CLIN. All prices on CLINs (Attachment I) shall be a firm fixed-price. The total of all

CLINS shall be added together to arrive at an aggregate total;

PLEASE NOTE: QUOTES THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS MAY BE

CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED

INCURRED COSTS

The USCG shall not be liable for any cost incurred by the quoters in submitting Quotes in response to this solicitation, including any site visits by quoters.

CLARIFICATION OF SPECIFICATIONS AND DATA

Quoters should carefully examine the specifications and fully inform themselves as to all conditions and matters which can in any way affect the work or the cost thereof. A quoter that finds discrepancies in, or omission from, the specifications, or other documents, or is in doubt as to their meaning, should at once notify the Contracting Officer.

DHS NOTICE TO QUOTERS

It is DHS policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible quoter is obtained as a result of this solicitation, that quoter may be required to submit Data Other Than Certified Cost or Pricing Data (FAR

15.403-3) to support price negotiations.

IX. FAR 52.212-2 - EVALUATION—COMMERCIAL ITEMS (OCT 2014) (ADDENDUM)

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

Factor 1 – Technical Plan for the manufacture of the MBH

Factor 2 – Past Performance

Factor 3 – Cost/Price

Technical and past performance when combined are significantly more important than price. Among the non-price factors, technical is more important than past performance. Price becomes more important when the technical and past performance evaluation ratings are equal.

The Government intends to evaluate quotations and award a contract without discussions. Therefore, the initial quotation should contain the vendor’s best terms from a cost standpoint and all other factors being considered. The Government reserves the right to seek information clarifying any element of a quotation prior to award without discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines it necessary.

Factor 1: Technical Plan:

The Quoter shall provide a written plan with a clear understanding and certification that their proposed solution complies with the technical requirements as stated in the Statement of Work and the Request for

Quote. Quoter shall demonstrate a professional approach to the logistics required to manufacture, test, train, assemble, and disassemble the existing MBH when required.

Since the Technical Plan will primarily indicate the capability of your organization, it should be specific and complete in every detail and demonstrate an understanding of objectives to be achieved. This includes but is not limited to the following:

Guidance to Contractors

Functional Requirements

Performance and Delivery

Contract Administration

Quality Assurance Plan

Safety Plan

The technical evaluation will take into consideration the important elements as required in the Statement of Work. The quote shall not merely offer to perform work in accordance with specifications but shall outline the actual work proposed as specifically as possible.

Factor 2: Past Performance

a. The Quoter shall provide up to two (2) CPARS past performance assessments for relevant work performed within the past three (3) years from the solicitation closing date will be used to evaluate a contractor’s past performance. The contractor must identify the most recent and relevant CPARS assessments and submit copies of those assessments with their quote. In order to determine that the

CPARS assessments are for relevant work performed, the contractor shall provide the following information (two (2) page limit for each assessment):

i.Contract/Order Number and Project Location ii.Type and Size of Facility iii.Total Contract/Order Value (Original and Final) iv.Contracting Officer Name, Phone Number & E-mail v.Contract/Order Description, including how many parts were supplied annually vi.Contract/Order Type (Firm Fixed-Price, IDIQ, Requirements, Cost Type) vii.Required Completion Date for the Contract/Order viii.Date the Contract/Order was Actually Completed

b. Past performance will be considered relevant if it is for supplying of MBH for the USCG, federal, state or local government or private contracts. In evaluating a Contractors past performance, general trends in a Contractor’s performance will also be considered. References other than those provided by the Quoter may be used by the Government to obtain additional information that will be used in the evaluation of the quoter’s past performance such as government databases and internal organization resources. Contractors may provide information on problems encountered during the performance of any contract/order and any corrective actions the contractor made with their quote.

In the case of a contractor without a record of relevant past performance or for whom information on past performance is not available, the contractor may not be evaluated favorably or unfavorably on past performance.

Factor 3: Price

a. Provide an affirmative statement that items have been priced and will be delivered, assembled, tested and trained.

b. The price shall represent the best price in response to the request for quote and shall be evaluated to determine fairness and reasonableness. Quoters are required to provide prices for all of the CLINs. The

CLINs for all periods are detailed in Attachment I. All prices on the CLINs shall be firm fixed-price with the cost of packaging, marking and bar-coding along with shipping, F.O.B. Destination, included in the cost of the parts. The total of all CLINs will be added together to arrive at an aggregate total.

X. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

ITEMS (FEB 2021) applies to this solicitation and is incorporated by reference. Quoters must include a completed copy with its offer. Quoters must be registered in SAM.gov to receive award.

FAR 52.204-24 - REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or

Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and

Certifications-Commercial Items.

(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 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.

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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 https://www.sam.gov/

(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.

(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)

FAR 52.204-26 - COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has 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) 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.

FAR 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. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

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

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity

Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

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

(i) In a criminal proceeding, a conviction.

https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C

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

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

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

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

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

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

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in

FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

FAR 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010), ALTERNATE IV (OCT

2010)

(a) Submission of cost or pricing data is not required

(b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination.

The information may be as follows:

REQUEST FOR INFORMAL COST BREAKDOWN

In addition to placing your offer in the appropriate place in Schedule of Supplies/Services and

Prices/Costs, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below:

Trade, (i.e. laborers, rigger, etc.)

Breakdown of labor grades by trade category

Manhours per trade, per labor grade

Cost/hour/trade

Supplies/materials (description & cost of each)

Sub-total

Pension Plans

Overhead at a rate of _____%

Profit at a rate of ________%

Total for item _____________

FAR 52.233-2 - SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office

(GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from Jennifer B. Lucas (address as follows):

Address: Commanding Officer

ATTN: Jennifer B. Lucas

USCG Surface Forces Logistics Center

CPD-C&P1-PBPL

2401 Hawkins Point RD, BLDG 31 LL

Baltimore, MD 21226

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

(End of Provision)

FAR 52.252-1 – SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

This contract incorporated 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 http://farsite.hill.af.mil/.

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation (JAN 2017)

FAR 52.204-7 System for Award Management (OCT 2018)

FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

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

FAR 52.204-17 Ownership or Control of Offeror (AUG 2020)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certifications (JUN 2020)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

FAR 52.252-5 - AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Homeland Security Acquisition Regulation (48 CFR Chapter 30) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

CONTRACT CLAUSES: The following contract clauses apply to this acquisition.

XI. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS

(OCT 2018) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE.

(ADDENDUM)

Contract Administration:

An USCG SFLC Contracting Officer or authorized representative shall be contract administrator for this contract.

INVOICING REQUIREMENTS

(A) See the text of FAR 52.212-4 for invoice requirements.

(B) An original invoice shall be submitted according to the instructions on the attached link:

https://www.fincen.uscg.mil/centralinv/USCGVendorElectronicInvoiceSubmissionsQuickReferenceGui de.pdf

Failure to submit invoices directly to this office will delay prompt payment of your invoice. A copy of any invoice submitted for payment must also be forwarded to the Contract Specialist or

Contracting Officer.

The Data Universal Numbering System (DUNS) number is the primary identifier in the System for

Award Management (SAM). Contractors are located and identified in SAM by their DUNS number.

Therefore, to facilitate payment, contractors should ensure that the DUNS number is recorded on every invoice submitted to the USCG.

Effective January 01, 2002, all USCG vendors must be registered in SAM in order to be awarded a contract. For more information on SAM and to register online, simply visit the SAM web site, https://www.sam.gov, or call the SAM Customer Service Federal Service Desk at (866) 606-8220.

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER

INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE

For use in the event your company receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding this invoice.

Name:

Title:

Address:

Phone Number:

ELECTRONIC FUNDS TRANSFER

Any payment that we make to you will be made by electronic funds transfer unless you certify in writing that you do not have an account with a financial institution or an authorized payment agent.

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

(A) The Contractor shall not accept any instructions issued by any person employed by the U.S.

Government or otherwise other than the Contracting Officer or the Contracting Officer’s Representative acting within the limits of their authority. A Contracting Officer’s Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

https://www.fincen.uscg.mil/centralinv/USCGVendorElectronicInvoiceSubmissionsQuickReferenceGuide.pdf https://www.fincen.uscg.mil/centralinv/USCGVendorElectronicInvoiceSubmissionsQuickReferenceGuide.pdf

(B) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise, will be considered as grounds for deviation from any stipulations of the purchase instruments or referenced drawings and/or specifications contained herein.

GOVERNMENT REPRESENTATIVES

(a) The Government may, upon contract award or thereafter, name representatives with titles such as

Project Officer, Contracting Officer's Representative(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment.

(b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, and price or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner.

STANDARD COMMERCIAL WARRANTY

The Contractor agrees that the supplies and/or services furnished under this contract shall be covered by the most favorable warranties the Contractor gives to any customer for such supplies and services and by the rights and remedies provided to the Government by law or by any other clause of this contract.

If the item(s) required in the contract resulting from this solicitation are customarily warranted in the trade by a standard commercial warranty, such warranty shall be incorporated into this contract and thereby provided to the Government at no additional cost. Any standard commercial warranty provided shall be identical to the standard commercial warranty normally offered by the Contractor to the

Contractor's most favored customers.

REQUIRED STANDARD OF WORKMANSHIP

Unless otherwise specifically provided in this contract, the quality of all supplies and services rendered hereunder shall conform to the highest standards in the relevant profession, trade or field of endeavor.

All supplies and services shall be rendered or supervised directly by individuals fully qualified in the relevant profession, trade or field; and holding any licenses required by law.

Quoters are requested to state the terms and conditions of their Standard Commercial Warranty in the space provided below or attach a copy of the warranty terms with their Quote/offer.

Standard

Commercial

Warranty

Terms &

Conditions:

If the contractor’s organization as standard practice in the sale of these items issues a certificate of warranty setting forth the terms and conditions of their Standard Commercial Warranty, any contract resulting from this solicitation shall require the contractor to submit said certificate with each unit.

TECHNICAL DATA - WITHHOLDING OF PAYMENT (MAR 2000)

(a) If technical data, materials, or any part thereof, specified to be delivered under this contract, is not delivered within the time specified by this contract or is deficient upon delivery the Contracting Officer may until such data is accepted by the Government, withhold from each invoice a percentage of the

Contract price in accordance with the following table:

When Total Contract Price is: Percentage to be Withheld is:

Less than $250,000 10%

$250,000 to $1,000,000 5%

Over $1,000,000 2%

Payments shall not be withheld nor any other action taken pursuant to this paragraph when the

Contractor's failure to make timely delivery or to deliver such data without deficiencies arises out of causes beyond the control and without the fault or negligence of the Contractor.

(b) The withholding of any amount or subsequent payment to the Contractor shall not be construed as a waiver of any rights accruing to the Government under this contract.

CONTRACTOR PERFORMANCE ASSESSMENT REPORT SYSTEM (CPARS)

(a) GENERAL: The USCG Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful quoters past performance of this contract and prepare a Contractor Performance Assessment

Report (CPAR) in accordance with FAR Part 42.1502. All information contained in this assessment may be used, within the limitations of FAR 42.1502, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 60 days to respond to the SFLC’s assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system.

(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.

(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.

XII. FAR 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JULY 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6874a1c62239ccd5479c1d4a781a140e&term_occur=2&term_src=Title:48:Chapter:2:Subchapter:H:Part:252:Subpart:252.2:252.227-7030

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and

108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020)

(41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020)

(15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9

__ (18)

(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

_X_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999)

(15 U.S.C. 637(d)(4)(F)(i)).

https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7…