SPC_IRT_II_RFQ.pdf

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Request for Quotation: Special Purpose Craft – Ice Rescue Transport Second Generation (SPC-IRT II)
Solicitation number
70Z02326Q93250001
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This is a Combined Synopsis and Solicitation (Request for Quotation) issued by the United States Coast Guard for the procurement of Special Purpose Craft – Ice Rescue Transport Second Generation (SPC-IRT II) vessels.

The solicitation, numbered 70Z02326Q93250001, is a total small business set-aside under NAICS Code 336612 with a 1,000-employee size standard and PSC Code 1940 (Small Craft). It is structured as a commercial Indefinite Delivery Indefinite Quantity (IDIQ) contract with firm-fixed-price delivery orders, featuring a minimum guarantee of $500 and a three-year base ordering period from September 2026 through September 2029. The contractor must deliver the first two SPC-IRT II units by December 14, 2026, with subsequent delivery schedules to be determined post-award. Delivery locations include five U.S. Coast Guard facilities in the Great Lakes region (Saginaw River, Sault St. Marie, Sturgeon Bay, Marblehead, and District Headquarters in Cleveland, Ohio) on an FOB Destination basis. The RFQ was released August 21, 2026, with questions due by August 28, 2026 at 11:00 AM EDT and quotations due by September 4, 2026 at 2:00 PM EDT. Evaluation will be based on two factors: Mission Effectiveness (non-price factor deemed significantly more important) and Price. Offerors must submit two separate volumes addressing technical capability and pricing, with Volume I limited to 10 pages and covering performance requirements, mixed-terrain operations, launch and recovery, operating environment, service life, and general arrangement. The vessel must be built within the United States per 14 USC 1151 and 10 USC 8679. Agency contacts include Contracting Officer William E. Lewis and Contract Specialists Tanya Turner-Fells and Liessel Ampie.

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Attachment 5_Q and A Form_Government Response_08312026.xlsx XLSX spreadsheet
Attachment 5_Q and A Form.xlsx XLSX spreadsheet
Attachment 1_Statement of Work.pdf PDF
Attachment 2_Specification.pdf PDF
Attachment 4_Pricing Worksheet.xlsx XLSX spreadsheet
Attachment 3_List of Deliverables.pdf PDF

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COMBINED SYNOPSIS/SOLICITATION

REQUEST FOR QUOTATION

Issuing Office: United States Coast Guard

Agency Contact: William E. Lewis, Contracting Officer, William.E.Lewis3@uscg.mil Tanya Turner-Fells, Contract Specialist, Tanya.J.Turner-Fells@uscg.mil Liessel Ampie, Contract Specialist, Liessel.Ampie@uscg.mil

Solicitation Number: 70Z02326Q93250001

Title: Special Purpose Craft – Ice Rescue Transport Second Generation

(SPC-IRT II)

Solicitation Release Date: 21 August 2026

Questions Due Date: 28 August 2026, 11:00AM EDT

Quotation Due Date: 04 September 2026, 2:00PM EDT

SPECIAL PURPOSE CRAFT- ICE RESCUE TRANSPORT SECOND GENERATION (SPC-IRT II)

RFQ No.: 70Z02326Q93250001

SECTION 1: INTRODUCTION

(1) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with FAR Part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.

The United States Coast Guard (USCG) Office of Contracting and Procurement – Surface (CG-SEA- C) invites your company to submit a quotation for Request for Quotation (RFQ) No.

70Z02326Q93250001.

This RFQ is a total small business set aside. The North American Industry Classification System (NAICS) Code is 336612 with business size standard of 1,000 employees and the associated Product Service Code (PSC) is 1940 - Small Craft.

The solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition.

The following attachments are included in the solicitation:

Attachment 1: Statement of Work (SOW) Attachment 2: Specification Attachment 3: List of Deliverables Attachment 4: Pricing Worksheet Attachment 5: Questions and Answers Form

(2) A list of line-item numbers and items, quantities, and units of measure are included in Attachment 4

(Pricing Worksheet).

(3) Requirements are included in Attachments 1 (Statement of Work) and 2 (Specification).

(4) The anticipated Period of Performance (POP) is 3 years from the date of award (September 2026 –

September 2029).

(5) Delivery Locations

Places of Delivery - FOB Destination US Coast Guard Forces – Station Saginaw River 2405 Weadock Hwy, Essexville, MI 48732

US Coast Guard Forces – Sault St. Marie 337 Water Street, Sault St. Marie, MI 49783

US Coast Guard Forces – Sturgeon Bay 2501 Canal Road, Sturgeon Bay, WI 54235

US Coast Guard Forces – Marblehead 606 Prairie Street, Marblehead, OH 43440

US Coast Guard Forces – District Great Lakes 1240 East Ninth Street, Cleveland, OH 44199

SECTION 2: PROVISIONS

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023) (DEVIATION 25-21, Rev 2)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of Provision)

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023) (DEVIATION 25-21, Rev 2) is supplemented with the following terms and conditions:

PREPARATION INSTRUCTIONS

A cover page shall be included for all submissions. The cover page shall include the offeror’s name and address; the solicitation number; SAM’s Unique Entity Identification (UEI); offeror’s point of contact including their phone number and email address, and the date the offeror’s quotation expires.

Minimum acceptable font size is no smaller than 11 point with the exception of no smaller than 10 point for tables, charts, or graphs. Page size shall be letter size (8.5" x 11").

The offeror shall submit two separate volumes. Volume I shall contain the response to Factor 1 – Mission Effectiveness; Volume II shall contain the response to Factor 2 – Price and all required provisions. At no time shall any pricing be included in Volume I.

Any page that exceeds the page limit for each volume will not be evaluated.

Volume I: Factor 1

Mission Effectiveness (10 Page Limit – 10 pages single sided or 5 pages double sided)

The Offeror shall provide a concise narrative explaining how the proposed Special Purpose Craft – Ice Rescue Transport (SPC-IRT II) will meet or exceed the contract requirements.

For the proposal narrative, use the following definitions for Operate and Survive:

(a) Operate: Capable of making headway in any desired direction (able to move towards safe haven regardless of environmental conditions).

(b) Survive: Remain afloat.

In the narrative discuss features of your boat and / or previous testing that supports these topics:

(a) Performance: Discuss how your boat will meet or exceed the performance requirements throughout the operating environment. At a minimum address: top speed, deceleration, and endurance at the most efficient planing speed.

(b) Mixed-Terrain Operations: Discuss how your boat will meet or exceed the requirements to operate and transition in mixed terrain environments: dry land, snow, solid/broken/candle ice, ice flows, and open water. Include discussion of how your boat will transit 2-foot vertical or compression ice shelves, including entry into water without submerging the bow, and any means your boat has to facilitate self-extraction if the boat becomes frozen to the ice.

(c) Launch and Recovery: Discuss how your boat and trailer is built / configured to facilitate launch and recovery to and from water, ice, and land. Include discussion of extreme ramp or other launch gradients (unimproved embankments).

(d) Operating Environment: Discuss the design of your boat and how it supports remaining stable, controllable, and safe across intended operating and loading conditions; operate in 30-knot winds with 2-foot waves, survive gusts up to 40 knots with 3-foot waves, operate in extreme air and water temperatures.

(e) Service Life and Maintainability: Discuss expected maintenance needs to support a 10-year service life based on 150 annual operating hours that includes operating across various terrains.

Discuss hull durability and repair (due to wear and due to damage). Discuss how configuration supports access for equipment repair or replacement and how reliability and durability were considered in equipment selection.

(f) General Arrangement: Discuss how the boat configuration protects the crew from environmental conditions, shock, vibration, and noise. Discuss how equipment layout, sightlines, and propulsion controls are optimized for efficient operation and ease of use.

The Offeror shall provide the following Appendix in Volume I.

Appendix I: Drawings, Data and Renderings (Exempt from Volume I page limit)

(a) Provide preliminary / typical drawings. Drawings should be legible when printed on 11” x 17”

Tabloid paper and at a minimum include:

(1) General Arrangement (include Elevation, Plan, Profile and inboard profile)

(2) Machinery Arrangement

(3) Renderings referenced from the narrative

(4) Trailer (General arrangement / configuration)

(b) Provide a table of Boat Particulars similar to the following:

(1) Length Overall

(2) Max Beam

(3) Max Draft

(4) Height – Mast/antennas up (waterline to highest point)

(5) Height – Mast/antennas down (waterline to highest fixed point)

(6) Cruising Speed – in calm water

(7) Max Speed – in calm water

(8) Range at Cruising Speed – in calm water

(9) Fuel Capacity

(10) Weight – Lightship and Performance Weight

(11) Engine – Make/Model

(12) Engine – Horsepower rating

(13) Engine – EPA rating and date of certification

(14) Propellers (Material/Size)

(15) Seating – Shock Rated (manufacturer / model / qty)

(16) Additional Interior Seating (location / qty)

(17) Trailer (manufacturer / model)

Volume II: Factor 2 Price (No page limit)

Offerors shall complete Attachment 4 – Pricing Worksheet. Offerors shall only input numerical values in cells highlighted blue in the “Pricing Worksheet.”. The Total Evaluated Price (cell F12) in the “Evaluation Worksheet” is calculated through a formula by adding cells D3 through F10.

The price submission (Microsoft Excel Format) shall address the requirements, as specified in Attachment 1 – Statement of Work, Attachment 2 – Specification, and Attachment 3 – List of Deliverables. If Offeror’s believe additional pricing documents are necessary for the government to properly evaluate, they may be submitted in Volume II. The offeror must provide a complete and accurate price quote for the contract on a Firm Fixed Price (FFP) basis.

SUBMISSION INSTRUCTIONS

Offerors shall submit two separate volumes via email to the Contracting Officer at William.E.Lewis3@uscg.mil and Contract Specialists at Tanya.J.Turner-Fells@uscg.mil and Liessel.Ampie@uscg.mil no later than the specified time on the RFQ cover sheet. There will be no exceptions to the time and date on which responses are due, unless determined otherwise by the Government. All submissions shall reference your company’s name and the RFQ number in the subject.

The data in your offer shall be compatible with Microsoft Office and/or Adobe. Due to Coast Guard email limitations, quotations shall not be more than 5 megabytes total. Compressed or zipped files will not be accepted.

This RFQ shall not be considered direction to proceed with the subject effort, nor a promise of future direction to proceed. Submission of an offer in response to this RFQ denotes that the Offeror understands and accepts the terms and conditions of this future contract.

Questions or concerns must be sent via email to the Contracting Officer and Contract Specialists no later than the specified time on the RFQ cover sheet, so they can be addressed prior to offer submissions.

Questions shall reference RFQ No. 70Z02326Q93250001 and company name within the subject of the email submission. Responses to those questions will be issued as an amendment.

(End of Supplement)

FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021) (DEVIATION 25-21, Rev 2)

(a) Evaluation factors. 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 will be used to evaluate offers:

See Supplemental Clause.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

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

FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021) (DEVIATION 25-21, Rev 2) is supplemented with the following terms and conditions:

The USCG anticipates awarding one (1) commercial firm fixed price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract.

The Government will determine best value by performing a comparative evaluation (comparing offers to each other) to select the offer that is most advantageous to the Government, price and other factors considered.

A comparative evaluation is defined as comparing each offer directly to each other to determine which offer provides the best value to the Government utilizing Mission Effectiveness and price as described below. The Government will perform a comparative evaluation for each non-price evaluation factor. Then the Government will take the results of the individual non-price factor evaluations, combine such results (using the relative importance of each non-price factor), and then determine the overall best-suited offeror using the non-price factors. Once the Government determines the best-suited offeror using the non-price factors, the Government will then evaluate price. After the Government calculates the total evaluated price (TEP), the Government will determine which offeror is the most advantageous and represents the best value to the Government, TEP and other factors considered, and make the IDIQ award.

The following factors, listed in descending order of importance, shall be used to evaluate quotations:

Factor 1: Mission Effectiveness (Volume I) – The Government will perform a comparative evaluation of each quotation based on the offeror’s demonstrated understanding and ability to perform the requirements in Attachment 1 – Statement of Work and Attachment 2 – Specification. Each quotation will be evaluated to consider the proposed technical solution’s ability to meet or exceed the requirements set forth in Attachments 1 and 2.

Factor 2: Price (Volume II) – The Government will evaluate price based on the Total Evaluated Price provided in Attachment 4. The offeror’s price quote will be evaluated, using one or more of the techniques defined in FAR 12.204 (Deviation 25-21, Rev 2), to determine if it is reasonable. Failure to complete and provide the Attachment 4 – Pricing Worksheet will result in a determination of non-responsiveness and your quote will not be evaluated for award. The final determination of price reasonableness is the responsibility of the Contracting Officer.

Award Determination – The non-price factor is significantly more important than price.

The government intends to award an FFP IDIQ without discussions. Therefore, the offeror’s initial quotation should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

Once the Government determines the apparent successful Offeror, the Government reserves the right to communicate only with that Offeror to address any remaining issues (which may include technical and price) and if necessary, to finalize the IDIQ. If the Government is unable to successfully address any remaining issues with the apparent successful Offeror, the Government reserves the right to communicate with the next best-suited Offeror based on the original evaluation and address any remaining issues to successfully award the IDIQ. The determination to hold communications is a unilateral right of the Contracting Officer.

Note: Past Performance will not be evaluated as a separate comparative source-selection factor. Prior to award, the Contracting Officer will make an affirmative responsibility determination for the prospective awardee in accordance with FAR subpart 9.1 (Deviation 25-27, Rev 3), including consideration of satisfactory performance history, financial capability, production capability, and other applicable responsibility standards.

(End of Supplement)

FAR 52.252-1 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.acquisition.gov

Provision Number

Title Date

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

SEP 2024

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation

JAN 2017

FAR 52.252-5 Authorized Deviations in Provisions (NOV 2020)

(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 (HSAR) (48 CFR

Chapter 30) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

FAR 52.204-7 System for Award Management (NOV 2024) (DEVIATION 25-19)

The Offeror shall have an active Federal Government contracts registration in the System for Award Management (SAM) when submitting an offer or quotation in response to this solicitation and at the time of award. As part of the SAM registration process, the Government collects information, as described in paragraphs (b) through (d) of this provision, that is necessary to identify the Offeror and for the Offeror to be awarded Federal Government contracts. To register in SAM, go to https://www.sam.gov. Allow for processing time when registering in SAM. If the Offeror is not registered in SAM, it should register immediately after receiving this solicitation.

(a) Definitions. As used in this provision—

Commercial and Government Entity (CAGE) code has the meaning provided in the clause at the Federal Acquisition Regulation (FAR) 52.204-13, System for Award Management–Maintenance, of this solicitation.

Electronic Funds Transfer (EFT) indicator means a bank account identifier to establish additional System for Award Management records for identifying alternative EFT accounts (see part 32) for the same entity.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. There may be more than one immediate owner (e.g., joint ventures).

Predecessor means an entity whose assets were acquired by the offeror or another entity (most often through merger or acquisition) and whose affairs are now carried out by the offeror or the other entity under a new name.

Taxpayer identification number means the number required by the Internal Revenue Service (IRS) to be used by the offeror to report income tax and other returns. It may be either a Social Security Number or an Employer Identification Number. Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) Identifiers. The Offeror shall obtain and provide the following identifying information:

(1) Unique entity identifier (UEI).

(i) The Offeror shall obtain a UEI to register in SAM. The Government will independently validate the existence and uniqueness of the Offeror before assigning a UEI to the Offeror.

Go to https://www.sam.gov for instructions on obtaining a UEI.

(ii) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the UEI that identifies the Offeror's name and address exactly as stated in the offer. The Offeror shall also enter its EFT indicator, if applicable.

(iii) The Contracting Officer will use the UEI to verify that the Offeror has an active Federal

Government contracts registration in SAM.

(2) Taxpayer identification number (TIN).

(i) The Offeror shall provide its TIN or related information to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d); reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M; and implementing regulations issued by the IRS. The Offeror shall consent for TIN validation; and

(3) Commercial and Government Entity (CAGE) code.

(i) The Offeror shall provide a CAGE code and legal business name (Do not use a “doing business as” name) for—

(A) Itself;

(B) Its immediate owner(s), if any;

(C) Its highest-level owner, if any; and

(D) Any predecessor(s), or predecessor of an Offeror’s predecessor, that held a Federal contract or grant within the last three years.

(ii) If the Offeror is in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA CAGE Branch will assign a CAGE code to the Offeror as a part of the SAM registration process. For information on obtaining a CAGE code go to https://cage.dla.mil/.

(iii) The Offeror shall get from any immediate and/or highest-level owner(s) their respective

CAGE code(s) to provide the code(s) as part of the registration (FAR 52.204-7(b)(3)(i)).

(iv) If the Offeror is located outside of the United States or its outlying areas, and does not already have a CAGE code assigned, the Offeror may obtain a CAGE code as indicated in the following table.

If the Offeror is… Then… Located in a country that is a member of the North Atlantic Treaty Organization (NATO) or a sponsored nation

Contact the appropriate National Codification Bureau (https://www.nato.int/structur/ac/135/about/contacts)

Located in a country that is not a member of NATO or a sponsored nation

Contact the NATO Support and Procurement Agency (NSPA) (https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx)

(c) Representations and certifications.

(1) The following FAR solicitation provisions contain entity-level representations and certifications that the Offeror shall submit as part of their Federal Government contracts registration in SAM:

Provision Title Date

52.204-5 Women-Owned Business (Other Than Small Business) Oct 2014 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—

Representation Nov 2015

52.209-5 Certification Regarding Responsibility Matters Aug 2020 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law Feb 2016

52.219-1 Small Business Program Representations Feb 2024 52.219-1 Alt I Small Business Program Representations, with its Alternate I Feb 2024 52.219-1 Alt II Small Business Program Representations, with its Alternate II Mar 2023 52.226-2 Historically Black College or University and Minority Institution

Representation Oct 2014

(2) By submitting its offer, the Offeror verifies that, as of the date of its offer, its representations and certifications posted electronically in SAM for the provisions listed in paragraph (c)(1) of this provision are current, accurate, and complete. The Offeror’s representations and certifications in SAM are hereby incorporated by reference into its offer.

(d) Other information. The Offeror shall provide more information on its business operations and type that is necessary to be considered for award of certain contracts and financial information necessary to receive payment under contracts.

FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV 2015) (DEVIATION 25-27, Rev 3)

(a) Definitions. As used in this clause—

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.

(c) Representation. The Offeror represents that-

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

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

FAR 52.209-5 Certification Regarding Responsibility Matters (AUG 2020) (DEVIATION 25-27, Rev 3)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are ☐ are not ☐ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ☐ have not ☐, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are ☐ are not ☐ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have ☐, have not ☐, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. Federal taxes are considered delinquent if both of the following criteria apply:

1. The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if a pending administrative or judicial challenge remains. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

2. The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) The Offeror has ☐ has not ☐, within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, 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 shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the Government will consider the certification in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a). The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018) (DEVIATION 25-27, Rev 3)

(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.

(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 52.209-11 Representation By Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (FEB 2016) (DEVIATION 25-27, Rev 3)

(a) The Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is ☐ is not ☐ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is ☐ is not ☐ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

FAR 52.233-2 Service of Protest (SEP 2006) (DEVIATION 25-25)

(a) Protests, as defined in FAR 33.102, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the Contracting Officer identified in the solicitation by obtaining written and dated acknowledgment of receipt from William E. Lewis at William.E.Lewis3@uscg.mil and OPAP@uscg.mil.

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

(c) Interested parties may request that the Chief of the Contracting Office (COCO), as an independent reviewer, review the protest of either a solicitation or award. If the COCO cannot review a particular matter, another agency official so designated in Coast Guard procedures will review. If the interested party did not request said independent review at the time of protest, the interested party may request such independent review as an appeal of the Contracting Officer's protest decision. Such review does not extend or otherwise affect any other protest deadlines outside the Coast Guard.

FAR 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (AUG 2025) (DEVIATION 20-05, Rev 4)

(a) Definitions. As used in this clause—

Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e)(1) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It 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, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of

1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act.

These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $10,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C.

1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resourcecenter/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph

(f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) In the event the Contractor identifies covered article provided to the Government 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, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. 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 Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(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.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting

Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(All provisions will be removed after award)

SECTION 3: CLAUSES

FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023) (DEVIATION 25-21, Rev 2)

(a)…

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