Terms and Conditions- 70Z03821QM0000018.pdf

TERMS AND CONDITIONS 70Z03821QM0000018

Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation (HSAR)

Clauses and Provisions

The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation.

The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with FAR 13.004 constitutes acceptance of all terms and conditions contained herein.

52.212-1 Instructions to Offerors - Commercial Items July 2021

52.212-2 Evaluation — Commercial Items Oct 2014

The provision at Federal Acquisition Regulation (FAR) 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. It is anticipated that this purchase order will be awarded on a Sole Source basis.

In lieu of this provision, quotes will be evaluated in accordance with Federal Acquisition Regulation (FAR)

13.106-2 based on the criteria listed below. Award will be made to the lowest priced offeror rated technically acceptable.

Technical Acceptability: Technical Acceptability will be evaluated to determine an overall rating of

"acceptable" or "unacceptable". Technical Acceptability will be evaluated on the ability of the offeror to provide the product as outlined in the Statement of Work (SOW).

Price: The contractor shall provide pricing as requested for the requirements in solicitation

70Z03821QM0000018. Any quantity price discounts and discounts for prompt payment should be included in this section. The offeror's quotation will be evaluated using one or more of the techniques defined in FAR

13.106-3, in order to determine if it is fair and reasonable.

Evaluation Method:

Only the lowest priced offer will be evaluated for Technical Acceptability. Should the lowest priced offer not receive an acceptable technical rating, the process will continue in order of lowest priced offer until the lowest priced, technically acceptable offer is identified.

52.212-3 Offeror Representations and CertificationsCommercial

Items

Jan 2017

X Alternate 1 of 52.212-3. Oct 2014

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via the System for Award Management (SAM) Website located at https://www.sam.gov/20rtal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(End of Provision)

Addendum to 52.212-4 Contract Terms and Conditions Commercial Items Jan 2017 specify the manufacturer's part number and date of manufacture.

Deliveries or Performance:

F.O.B. Destination is requested as the F.O.B. point for all deliverables. All offers will be considered F.O.B.

Destination unless F.O.B. origin is specified AND estimated shipping costs are included.

Invoicing Instructions:

l . The contractor's invoice shall be submitted IAW FAR 52.212-4 to the designated billing office for payment as noted below. The Contractor is HIGHLY encouraged to submit invoices electronically to

ALC-Fiscal@uscg.mil.

Chief, Fiscal Branch

USCG ALC

Fiscal Branch, Bldg. 63

1664 Weeksville Road

Elizabeth City, NC 27909

Purchase Order Number:

2. All payments will be made electronically IAW FAR 52.232-33. The contractor may submit invoice five

(5) days after shipment of items. The invoice will not be approved until all items have been receipted.

FAR Full Text Clause

52.204-21 Basic Safeguarding of Covered Jun 2016

Contractor Information Systems

(a) Definitions. As used in this clause—

"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. "Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(l) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(W) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

Ox) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system. (End of clause)

52.212-5 Contract Terms and Conditions Required to Implement July 2021

Statutes or Executive Orders—Commercial Items

(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:

(l) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN

2017) (section 743 of Division E, Title VIl, 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) (Sectionl 634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 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.]

C] (l) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT

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

C] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(JUNE 2010) (Section 1553 of Pub. L. 1 11-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016)

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

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (PUB. L. I I I-1 1 7, 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).

C] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

[2 (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013)

(41U.S.C. 2313).

TERMS AND CONDITIONS 70Z03821QM0000014

(10) [Reserved]

[2 (l l)(i)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). (ii)

Alternate 1 (NOV 2011) of 52.219-3.

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

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate 1 (JAN 2011) of 52.219-4.

[2 (13) [Reserved]

52.219-6, Notice of Total Small Business Set-Aside (NOV 201 1) (15 U.S.C. 644). (ii)

Alternate 1 (NOV 2011).

[2 (iii) Alternate 11 (NOV 201 1).

52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). (ii)

Alternate 1 (OCT 1995) of 52.219-7.

[2 (iii) Alternate 11 (MAR 2004) of 52.219-7.

(16) 52.219-8, Utilization of small Business Concems (NOV 2016) (15 U.S.C. and

52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. (ii)

Alternate 1 (NOV 2016) of 52.219-9.

[2 (iii) Altemate 11 (NOV 2016) of 52.219-9.

(iv) Alternate 111 (NOV 2016) of 52.219-9.

(iv) Altemate IV (Aug 2018) of 52.219-9.

[2 (v) Alternate IV (AUG 2018) of 52.219-9.

[2 (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 63

(21) 52.219-27, Notice of Service-Disabled Veteran- Owned Small Business Set-Aside (NOV 201 1) (15

U.S.C. 657 f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C.

(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business

(EDWOSB) Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for Women- Owned Small Business (WOSB) Concerns Eligible

Under the WOSB Program (Dec 2015) (15 U.S.C. 637(m)).

(25) 52.222-3, Convict Labor (JUNE 2003) (E.o. 11755).

(26) 52.222-19, Child Labor Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13 126).

(27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(28) 52.222-26, Equal Opportunity (SEPT 11246).

[2 (ii) Alternate 1 (FEB 1999) of 52.222-26.

(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (ii) Alternate 1 (JULY

2014) of 52.222-35.

(30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [2

(ii) Alternate 1 (JULY 2014) of 52.222-36..

[2 (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

(E.o. 13496).

52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O.

13627).

[2 (ii) Alternate 1 (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.o. 13627). (34) 52.222-

54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.

[2 (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA Designated Items

(MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[2 (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. (Not applicable to the acquisition of commercially available off-the-shelf items.) of6

[2 (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarons (June

2016) (E.o. 13693).

(37) 52.223-12, Maintenance, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(June 2016) (E.o. 13693).

[2 52.223-13, Acquisition of EPEAT@-Registered Imaging Equipment (JUN 2014) (E.o.s 13423 and 13514).

(ii) Alternate 1 (Oct 2015) of 52.223-13.

52.223-14, Acquisition of EPEAT@-Registered Televisions (JUN 2014) (E.o.s 13423 and

13514).

(ii) Alternate 1 (JUN 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy- Consuming Products (DEC 2007) (42 U.S.C. 8259b). (41

)(i) 52.223-16, Acquisition of EPEAT@- Registered Personal Computer Products (Oct 2015) (E.O.s

13423 and 13514).

C] (ii) Alternate 1 (JUN 2014) of 52.223-16.

(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.o.

13513).

[2 (43) 52.223-20, Aerosols (June 2016) (E.o. 13693)

(44) 52.223-21, Foams (June 2016) (E.o. 13693)

(45) (i) 52.224-3, Privacy Training (JAN 2017) (5 USC. 552a). [2 (ii) Alternate 1

(JAN 2017) of 52.224-3.

[2 (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

(47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 11242, and 112-43.

(ii) Alternate 1 (MAY 2014) of 52.225-3.

(iii) Alternate 11 (MAY 2014) of 52.225-3.

(iv) Alternate 111 (MAY 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[2 (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5 150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42

U.S.C. 5150).

(53) 52.232-29, for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10

U.S.C. 23070)).

(54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C.

23070)).

(55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL 2013)

(31 U.S.C. 3332).

[2 (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL

2013) (31 U.S.C. 3332).

[A (57) 52.232-36, Payment by Third Party (MAY 2014) (3 1 U.S.C. 3332).

[2 (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[2 (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (5 U.S.C. 637(d)(12)).

(60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)(46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

C] (iii) Alternate Il (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to of 6 implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.222-17, Nondisplacement of Qualified Workers (MAY 13495).

(2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

C] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[2 (5) 52.22244, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

C] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment Requirements (MAY 2014) (41 U.S.C.

chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(8) 52.222-55, Minimum wages Under Executive Order 13658 (Dec 2015) (E.o. 13658).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017)

( l O) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.

1792).

(11) 52.237-11, Accepting and Dispensing of $1 Coin (SEPT 2008) (3 1 U.S.C. (End of clause)

HOMELAND SECURITY ACOUISITION REGULATIONS (HSAR) CLAUSES

The following clause is applicable if checked:

[2 3052.222-90 Local Hire (USCG) Jun 2006