MOD | 58 | USCG LARGE CUTTER CONNECTIVITY KU BAND EQUIPMENT - Amendment 3 - Amendment 1 - Amendment 2

FBO DAILY ISSUE OF SEPTEMBER 18, 2010 FBO #3220
MODIFICATION

58 -- USCG LARGE CUTTER CONNECTIVITY KU BAND EQUIPMENT - Amendment 3 - Amendment 1 - Amendment 2

Notice Date: 9/16/2010
Notice Type: Modification/Amendment
NAICS: 334220 — Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
Contracting Office: Department of Homeland Security, United States Coast Guard (USCG), Commandant (CG-912), U.S. Coast Guard Headquarters, U.S. Coast Guard Headquarters (CG-912), 1900 Half Street, SW, Washington, District of Columbia, 20593-0001
ZIP Code: 20593-0001
Solicitation Number: HSCG79-10-R-T10000
Archive Date: 10/5/2010
Point of Contact: Cherish D Driver, , Bruce D Eades,
E-Mail Address: cherish.d.driver@uscg.mil, bruce.d.eades@uscg.mil
(cherish.d.driver@uscg.mil, bruce.d.eades@uscg.mil)
Small Business Set-Aside: Total Small Business
Description: Attachment II - Revised LCC CLIN Structure - Pricing Spreadsheet incorporated of estimated quantities and adding an additional FA system to CLIN 00001. Attachment I - Revised SOW dated 9/16/2010 with change to Section 5.0 adding an additional FA system for Government environmental testing. Revised SF 1449 in accordance with changes to Attachment II. Amendment Two The purpose of this Amendment Two is to: 1) Extend the RFP closing by reopening the RFP Solicitation to all small business entities for an additional 4 days from 16 September to 20 September 2010. The RFP closing hereby is changed to12 PM, 20 September 2010 due to the following: Under Section E.7 Evaluation Criteria And Relevant Importance The following technical acceptability criteria have been revised for evaluation of proposals: 1: Technical Acceptability Under this factor, the Government will evaluate the Offeror's technical proposal for technical acceptability. In order for the Offeror's technical proposal to be evaluated as "technically acceptable", the proposal must: (b) Include written documentation certifying how the equipment was tested for compliance with military specifications only. Include self-certification that the proposed equipment meets the environmental standards as prescribed in the SOW. Proposals shall include the following as a minimum: • Self-Certification that the proposed equipment meets the SOW environmental requirements. Written documentation is no longer required as proof of meeting SOW environmental requirements. Environmental testing will be included in all First Article Government testing requirements - See Section B.6 - 52.209-4 First Article - Government Testing. • If the vendor self-certifies the equipment meets the military specifications and environmental standards (i.e. through the vendor's own lab or internal testing), the vendor shall provide dated copies of the written test plans, test procedures and test results for each test conducted as to compliance with only military specifications [MIL STD 461 E, Requirements for the Control of Electromagnetic Interference, (EMI) Characteristics of Sub-Systems and Equipment and MIL STD 464 A, Electromagnetic Environmental Effects Requirement for Systems.] 2) Revised Section B.6 - 52.209-4 First Article - Government Testing which adds a fourth First Article system for environmental testing as provided in the SOW Section 5.1 and 5.2. 3) Revised Attachment II - SCC Large Cutter CLIN Structure - Pricing Spreadsheet and SF 1449 to add definitive estimated quantities per line item and add an additional first article system to Year One pricing under CLIN 00001. Amendment One The purpose of this Amendment One is to: 1) Extend the closing of the RFP Solicitation from 3 September to 7 September 2010, a 4 day extension of the RFP Solicitation closing. "It is the offeror's responsibility to ensure their offer is received (in total) by the proposal DUE DATE OF 7 September 2010 by 2PM Eastern Daylight Time. Offerors are hereby notified that if your proposal is not received by the date, time and location specified (see below) in this announcement, it will not be considered. All proposals shall be submitted in sufficient time to ensure it reaches the Contracting Officer prior to the deadline of 7 September 2010. Please note: the reliance of using regular mail or Federal Express may cause "inexcusable" delays due to the DHS mail delivery system." 2) Revise Attachment I - Statement of Work, Section 6.2 to read the following: 6.2 Administrative References. Contractors can obtain access to these documents by contacting the servicing Acquisitions Office. • DHS Management Directive 11042.1 - Safeguarding Sensitive But Unclassified (For Official Use Only) Information • DHS Management Directive 140-01 - Information Technology Systems Security • DHS Sensitive Systems Handbook • DHS Form 11000-6 - Non-disclosure agreement • Homeland Security Enterprise Architecture (HLS EA). NOTE: THIS PUBLICATION WILL NOT BE PROVIDED TO OFFERORS. IT WILL BE PROVIDED TO THE WINNING CONTRACTOR POST AWARD. • HLS EA Technical Reference Model (TRM) Standards and Products Profile 3) Revised Attachment II - Final Revised Lg Cutter Ku-HW CLIN Structure - Pricing Spreading to include NTE Travel estimates and Section B.9 - Travel. A revised Attachment II - Final Revised Lg Cutter Ku-HW CLIN Structure - Pricing Spreadsheet is hereby incorporated to add NTE Travel Estimates for all five years of this IDIQ. 4) Incorporation of a Revised list of questions and answers - See Attachment III. This is a combined synopsis/solicitation for brand name or equal commercial items or services 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; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Proposal (RFP), solicitation number HSCG79-10-R-T10000, in accordance with FAR Parts 12 & 13, for Underway Cutter Connectivity upgrades for Large Cutters to include Ku Band terminal equipment for up to 76 U.S. Coast Guard cutters. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-40, Effective 22 April 2010. The North American Industrial Classification System (NAICS) number is 334220 and the business size standard is 750 employees. The proposed acquisition is 100% reserved for small businesses. Women owned, service disabled veteran owned small businesses, and disadvantaged small businesses are encouraged to submit proposals. A five-year Indefinite Delivery/Indefinite Quantity (IDIQ) Contract will be awarded to one (1) small business company. Individual Delivery Orders (DO) and Task Orders (TO) will be issued upon award of the IDIQ Contract as Firm-Fixed Price Delivery Orders or Task Orders. The Indefinite Delivery/Indefinite Quantity (IDIQ) Contract Statement of Work (SOW) is hereby attached as a separate document (Attachment 1) for all products/services to be provided under this requirement. Product or Service Description: The purpose of this contract is to obtain iDirect-based or equivalent Ku Band terminal equipment for up to 76 U.S. Coast Guard cutters in accordance with the SOW. This equipment will be used as part of a Ku band maritime data communications system. The contractor shall ship equipment to Coast Guard cutter installation sites. In general, installations will occur at cutter home ports. Section 2 of the SOW provides a representative listing of cutter home ports. All home ports are located within the United States (including Alaska and Hawaii). The Ku band equipment shall have a two-year warranty. In addition, the contractor shall provide post-warranty repair/replacement service and shall provide and maintain an inventory of spare equipment. This effort includes a First Article Testing Requirement. PBX-UC RFP Document FAR PART 12 SECTION A: STANDARD FORM 1449 SECTION B: FIRM-FIXED PRICE SUPPLIES AND SERVICES B.1 FIRM-FIXED PRICE SUPPLIES AND SERVICES CONTRACT LINE ITEMS: This contract schedule consists of line items priced on an Indefinite Delivery, Indefinite Quantity basis. The contractor shall provide all equipment and services necessary to perform Delivery Orders and Task Orders throughout the Coast Guard in accordance with the Statement of Work (SOW). Minimum Dollar Guarantee and Maximum Contract Limitation The minimum guaranteed amount for this award is $50,000.00 Orders beyond the minimum will be determined by user needs. The Government has no obligation to issue delivery orders or task orders to the Contractor beyond the minimum guaranteed amount specified. The combined maximum cumulative dollar amount (ceiling) that may potentially be awarded to one Small Business Contractor is $9,905,000.00 million. The maximum aggregate dollar value of all delivery orders and task orders awarded to the Contractor cannot exceed the contract ceiling. The Contractor is not entitled to a DO or TO award, or any funds in excess of the minimum guarantee. See Attachment II - Firm-Fixed Price Supplies/Services CLIN Structure and Pricing Spreadsheet that shall be used for evaluation of contractor proposed pricing and shall be utilized in individual delivery orders and task orders after award of the ID/IQ contract. * Note: All Delivery Orders and Task Orders shall be issued on a Firm-Fixed Price basis. B.2 STATEMENT OF WORK. The Contractor shall perform work as discussed generally in section D (IDIQ SOW), and detailed work performed under each Delivery Order (DO) and Task Order (TO) issued. This contract is being entered into pursuant to FAR 12 - Acquisition of Commercial Items/Services. The NAICS Code for this procurement is 334220, Marine Radio Communication Equipment Manufacturer. B.3 PRICING In pricing task orders, the Contractor shall utilize the same or similar CLIN structure as provided in Attachment II. B.4 CONTRACT TYPE AND ORDERING B.4.A Contract Type This is an Indefinite Delivery / Indefinite Quantity contract. The Contractor shall follow the procedures contained in Section C. using Attachment II - Firm-Fixed Price Supplies/Services CLIN Structure and Pricing Spreadsheet. Each Delivery Order and Task Order Request for Proposal (RFP) shall be identified as a Firm-Fixed-Price delivery order or task order. B.4.B Fixed Price Task Orders Each Fixed Price Delivery Order or Task Order issued shall be based on the CLIN Structure as outlined in Attachment II. The cumulative extended total of all items ordered and NTE Travel Other Direct Costs (ODC) if authorized by the government shall define the fixed price for the Delivery Order or Task Order, less any discounts. Travel and ODC, if applicable, may be estimated for each Delivery Order or Task Order. The payment schedule will be specified in each delivery order or task order. B.4 CONTRACT IDIQ MINIMUM AND MAXIMUM VALUE The minimum and maximum values of this IDIQ contract are $50,000.00 and $9,905,000.00 Million respectively. B.5 ORDERING PERIOD: The total ordering period is 60 months from the date of contract award. B.5.A Year One Ordering Period CLINS 00001-00006: Year One Ordering Period is from date of award through 31 July, 2011. B.5.B Year Two Ordering Period CLINS 10001-10006: Year Two Ordering Period is 1 August, 2011 through 31 July, 2012. B.5.C Year Three Ordering Period CLINS 20001-20006: Year Three Ordering Period is 1 August, 2012 through 31 July, 2013. B.5.D Year Four Ordering Period CLINS 30001-30006: Year Four Ordering Period is 1 August, 2013 through 31 July, 2014. B.5.D Year Five Ordering Period CLINS 40001-40006: Year Five Ordering Period is 1 August, 2014 through 31 July, 2015. B.6 FIRST ARTICLE GOVERNMENT TESTING: 52.209-4 First Article Approval-Government Testing (SEPT 1989) (a) The Contractor shall deliver _4_unit(s) of Item _0001AA within _30_ calendar days from the date of award to the Government for first article tests. The contractor shall deliver 1 system to: COMMANDER, TISCOM (tis-413) TISCOM MS 7300 U. S. Coast Guard 7323 Telegraph Road Alexandria, VA 20598-7300 Attention: Mr. Randy Robish (COTR) The COTR will provide shipping instructions for the second, third and fourth first-article systems within 30 days of contract award. Shipments will be directed to three of the homeports listed in the SOW. Shipping documentation for all four systems shall contain this contract number and the First Article Contract line Item number (CLIN). The characteristics that the first article must meet and the testing requirements are specified elsewhere in this solicitation. (b) Within 120 calendar days of receipt of the first article units, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first articles. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval. (c) If the system fails first article test and is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing at no cost to the government. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following disapproval. The Contractor shall furnish any additional first articles to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests. (d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor may be deemed to have failed to make delivery within the meaning of the Default clause of this contract. (e) Unless otherwise provided in the contract, the Contractor- (1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and (2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense. (f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates. (g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test. (h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. (i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver. B.7 TASK ORDER COMPLETION: All task orders issued under this IDIQ contract must be completed within two (2) years after the expiration of contract or the specified task order period of performance if a contract option is not exercised. B.8 PLACE OF PERFORMANCE The primary place of performance will be the Contractor's facilities with visits to the U.S. Coast Guard Headquarters Building at 1900 Half Street and 2100 2nd Street, SW, Washington, DC and U.S. Coast Guard Telecommunications and Information Systems Command (TISCOM) at 7323 Telegraph Road, Alexandria, VA. The performance location of each Task Order will be specified at the time that the Task Order is issued. B.9 TRAVEL Contractor travel may be required to support this contract. All travel required by the Government in support of this contract will be reimbursed to the Contractor in accordance with the Federal Travel Regulations. The Contractor shall be responsible for obtaining COTR approval (electronic mail is acceptable) for all reimbursable travel at least five business days in advance of each travel event. The Not-To-Exceed Cost Reimbursable Travel estimate for the five year ordering period under this ID/IQ is estimated at $85,000.00. The annual NTE Travel estimates of $16,000 for year one, $16,480 for year two, $16,974 for year three, $17,484 for year four and $18,008 for year five are included for evaluation purposes only in Attachment II - Final Revised LG Cutter Ku-HW CLIN Structure - Pricing Spreadsheet. Other than detailed in Attachment II, offerors shall not propose travel costs. SECTION C: CONTRACT CLAUSES C.1 FAR Clause 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MARCH 2009) FAR Clause 52.212-4 is applicable to all Fixed Price and Fixed Price Performance Base Task Orders that are issued under this contract. (a) Inspection /Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g. use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies to the address designated in the contract to receive invoices. Electronic submission is authorized. An invoice must include-- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic Funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract and in delivery orders issues under this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and OMB prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating towhistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; and 49 U.S.C 40118, Fly American; 41 U.S.C. 423 relating to procurement integrity.. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving prece¬dence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of¬name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. C.2 FAR Clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (June 2009) (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: No. FAR Clause Number FAR Clause Title 1 52.222-50 Combating Trafficking in Persons (FEB 2009) 2 52.233-3 Protest After Award (OCT 2004) 3 52.333-4 Applicable Law for Breach of Contract Claim (OCT 2004) (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: Applicable FAR Clause Number FAR Clause Title XX 52.203-6 Restriction on Subcontractor Sales to Government (SEP 2006) XX 52.203-6 Restriction on Subcontractor Sales to Government Alternate I (OCT 1995) XX 52.203-13 Contractor Code of Business Ethics and Conduct N/A 52.203-15 Whistleblower Protection Under the American Recovery and Reinvestment Act (MAR 2009) XX 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) N/A 52.204-11 American Recovery and Reinvestment Act - Reporting Requirements (MAR 2009) N/A 52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) N/A 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) XX 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) XX 52.219-6 Notice of Total Small Business Set-Aside Alternate I (OCT 1995) XX 52.219-6 Notice of Total Small Business Set-Aside Alternate II (MAR 2004) N/A 52.219-7 Notice of Partial Small Business Set-Aside (JUN 2003) N/A 52.219-7 Notice of Partial Small Business Set-Aside Alternate I (OCT 1995) N/A 52.219-7 Notice of Partial Small Business Set-Aside Alternate II (MAR 2004) XX 52.219-8 Utilization of Small Business Concerns (MAY 2004) XX 52.219-9 Small Business Subcontracting Plan (APR 2008) XX 52.219-9 Small Business Subcontracting Plan Alternate I (OCT 2001) XX 52.219-9 Small Business Subcontracting Plan Alternate II (OCT 2001) N/A 52.19-14 Limitation on Subcontracting (DEC 1996) N/A 52.219-16 Liquidated Damages - Subcontracting Plan (JAN 1999) N/A 52.219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) N/A 52.219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Alternate I) (JUN 2003) N/A 52.219-25 Small Disadvantaged Business Participation Program__________ Disadvantaged Status and Reporting (APR 2008 N/A 52.219-26 Small Disadvantage Business Participation Program - Incentive Subcontracting (OCT 2000) N/A 52.219-27 Notice of Total Service-Disable Veteran-Owned Small Business Set-Aside (MAY 2004) XX 52.219.28 Post Award Small Business Program Rerepresentative (APR 2009) XX 52.222-3 Convict Labor (JUN 2003) XX 52.222-19 Child Labor - Cooperation with Authorities and Remedies (FEB 2008) XX 52.222-21 Prohibition of Segregated Facilities XX 52.222-26 Equal Opportunity (MAR 2007) XX 52.222-35 Equal Opportunity for Special Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) XX 52.222-36 Affirmative Action for Workers with Disabilities (JUN 998) XX 52.222-37 Employment Reports on Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) XX 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) XX 52.222-54 Employment Eligibility Verification (JAN 2009) N/A 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Products (MAY 2008) N/A 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Products Alternate I (MAY 2008) XX 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) XX 52.223-16 IEEE 1680 Standard for Environmental Assessment of Personal Computer Products (DEC 2007) XX 52.223-16 IEEE 1680 Standard for Environmental Assessment of Personal Computer Products Alternate I (DEC 2007) XX 52.225-1 Buy American Act Supplies (FEB 2009) XX 52.225-3 Buy American Act - Free Trade Agreement - Israeli Trade Act (JUN 2009) XX 52.225-3 Buy American Act - Free Trade Agreement - Israeli Trade Act Alternate I (JAN 2004) XX 52.225-3 Buy American Act - Free Trade Agreement - Israeli Trade Act Alternate II (JAN 2009) XX 52.225-5 Trade Agreements (JUN 2009) XX 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) N/A 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007) N/A 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) N/A 52.232-29 Terms for Financing of Purchase of Commercial Items (FEB 2002) N/A 52.232-30 Installment Payments for Commercial Items (OCT 1995) XX 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) N/A 52.232-34 Payment by Electronic Funds Transfer - Other than Central Contractor Registration (MAY 1999) N/A 52.232-36 Payment by Third Party (MAY 1999) XX 52.239-1 Privacy or Security Safeguards (AUG 1996) N/A 52.247-64 Preference for Privately Owned U.S. Flag Commercial Vessels (FEB 2006) N/A 52.247-64 Preference for Privately Owned U.S. Flag Commercial Vessels Alternate I (APR 2003) (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 implement provisions of law or Executive orders applicable to acquisitions of commercial items: Applicable FAR Clause Number FAR Clause Title N/A 52.222-41 Service Contract Act of 1965 (NOV 2007) N/A 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) N/A 52.222-43 Fair Labor Standards Act and Service Contract Act____ Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) N/A 52.222-44 Fair Labor Standards Act and Service Contract Act_____ Price Adjustment (FEB 2002) N/A 52.22-51 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements (NOV 2007) N/A 52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services - Requirements (FEB 2009) N/A 52.226-6 Promoting Excess Food Donations to Non-profit Organizations (MAR 2009) N/A 52.237-11 Accepting and Dispensing of $1 Coin (SEP 2008) (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). __ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (February 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. C.3 FAR Clause 52.252-2 Clauses Incorporated by Reference (Feb 1998) In addition to other parts of Section C, this contract incorporates one or more clauses, shown in the table below, by reference, with the same force and effect as if they were given in full text. The full text of a clause can be accessed electronically at: http://www.acqnet.gov/far. FAR Clause Number FAR Clause Title Date 52.227-19 Commercial Computer Software License DEC 2007 52.227-23 Rights to Proposal Data (Technical) JUN 1987 52.204-4 Printed or Copied Double Sided on Recycle Paper AUG 2000 52.204-2 Security Requirements AUG 1996 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.237-3 Continuity of Services JAN 1991 52.245-1 Government Property JUN 2007 52.247-34 F.O.B Destination NOV 1991 52.203-6 Restrictions on Subcontractor Sales to the Government Alternate I OCT 1995 52.204-7 Central Contractor Registration APR 2008 52.233-3 Protest After Award AUG 1996 C.4 52.216-18 Ordering (OCT 1995) a. Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 60 months from the date of award (Dates will be established at the time of contract award). b. All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. c. If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. C.5 FAR 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days from the date the contract expires. C.7 Review of Deliverables Deliverables shall be specified in each Task Order. Each individual TO will state the deliverable review process and the time allotted for the review of the deliverable(s). If the Coast Guard does not respond within the time period specified, the Contractor shall notify the Contracting Officer, Contracting Officer Technical Representative, and the Task Order Contracting Officer Technical Representative in writing. C.8 Deliverables (If Specified In a Task Order) a. All applicable deliverables, their required delivery dates, and destination of delivery will be specified in each task order issued under this contract. The schedule for completion of work to be performed under this contract will be delineated in each task order issue under this contract, as applicable. b. All deliverables submitted in electronic format shall be free of any known computer malware or defects. If a virus or defect is found, the deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus. c. In the event the Contractor anticipates difficulty in complying with any contract-level delivery schedule, the Contractor shall immediately provide written notice to the Contracting Officer, Contracting Officer Technical Representative, and Task Order Contracting Officer Technical Representative. Each notification shall give pertinent details, including the date by which the Contractor expects to make delivery, provided that this data shall be informational only in character and that receipt thereof shall not constitute a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this contract. C.9 Accounting and Appropriation Data. Accounting and appropriation data for obligations under the contract will be set forth on individual TOs. C.10 DHS HSAR 3052.242-72 Contracting Officer's Representative (DEC 2003)(Tailored) a. The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract and task orders such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or the issuance of a task order, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. b. The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. C.11 Unauthorized Work The Contractor is not authorized at any time to commence task order performance prior to issuance of a signed task order and/or other written approval provided by the Contracting Officer to begin work. C.12 Delivery Order/Task Order Process This IDIQ contract is not a mandatory use contract for Coast Guard, it is anticipated that the Contractor's products/services shall be obtained on an as-needed basis, through the issuance of Delivery Orders and Task Orders. The Contractor shall deliver and/or perform the required effort for these products and services, within the United States, throughout the term of this contract. Issued delivery orders or task orders will identify the products or services required; provide specific technical details (including the schedule for all deliverables and the identification of any applicable Government-Furnished Property (GFP), Government-Furnished Information (GFI) and/or Government furnished workspace. C.13 Reserved C.14 Submission and Labeling of Deliverables Unless otherwise specified in the task order, all non-electronic deliverables shall be submitted to the COTR and/or TOCOTR on an ‘F.O.B. Destination' basis. Preservation, packing and packaging of ‘non-electronic' deliverables for shipment shall be in accordance with standard commercial practices. All electronic deliverables shall be submitted via email to the assigned COTR and TOCOTR. While performing work under this contract, the Contractor shall NOT label any information produced and submitted in a way that would restrict the Government's right to use or release the information. If applicable, the Contractor shall include a legend that identifies sensitive data that should not be released for security reasons. Under FAR Clause 52.227-14, this information may be used for any purpose the Government deems appropriate. Deliverables provided shall not contain vendor-specific logos or mottos. The Contractor shall not use U.S. Government logos without the written permission of the Contracting Officer. C.15 Data to be Delivered a. Any working papers, interim reports, data given by the government, first produced by the Contractor under the contract, collected or otherwise obtained by the Contractor under the contract, or results obtained or developed by the Contractor (subcontractor or consultants) pursuant to the fulfillment of this contract are to be delivered, documented, and formatted as directed by the Contracting Officer at any time during performance of the IDIQ contract or Task Order(s). b. In addition, information and/or data held by the Contractor in relation to the operation of their business and/or institution and which are obtained without the use of Federal funds shall be considered "PROPRIETARY DATA" and are not "subject data" to be delivered under this contract. C.16 Travel a. Travel required in the execution of this IDIQ contract under delivery orders or task orders is authorized. All travel will be reimbursed in accordance with the Federal Travel Regulations (FTR). The total dollar amount for travel (including lodging, transportation, per diem, and miscellaneous expenses) shall not exceed the negotiated Not-To-Exceed (NTE) amount identified in the contract and any delivery order or task order without the COTR or the Delivery Order COTR (DOCOTR) or Task Order COTR (TOCOTR) and Contracting Officer's concurrence. The contractor shall be responsible for obtaining authorization from the COTR/DOCOTR or TOCOTR prior to any travel. b. The contractor shall be responsible for ensuring that their personnel possess current credit cards to facilitate short-notice travel arrangements. Specific places of performance and travel lead time will be specified in each task order. c. Local travel is not authorized. C.17 DHS HSAR 3052.215-70 Key Personnel or Facilities (DEC 2003) a. The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate. Project Manager: _____________________________ b. Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change. C.18 DHS HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Afiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. C.19 CG-912 Clause - Organizational Conflict of Interest for Contracts Awarded by the U.S. Coast Guard C4IT Office of Contracts Operations (a) The contractor warrants that to the best of its knowledge and belief, and except as otherwise disclosed, he or she does not have any organizational conflict of interest, which is defined as a situation in which the nature of work under a government contract and a contractor's organizational, financial, contractual or other interests are such that: (1) Award of the contract may result in an unfair competitive advantage; or (2) The contractor's objectivity in performing the contract work is or might be otherwise impaired. (b) The contractor agrees that if after award he or she discovers an actual or apparent organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the contracting officer which shall include a description of the action which the contractor has taken or intends to take to eliminate or neutralize the conflict. The government may, however, terminate the contract for the convenience of the government if it would be in the best interest of the government. (c) In the event the contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the contracting officer, the government may terminate the contract for default. (d) The provisions of this clause shall be included in all subcontracts and consulting agreement wherein the work to be performed is similar to the service provided to the Government by the prime contractor. The contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize organizational conflicts of interest. C.20 CGAP Clause 3004.1301-90 - Common Access Cards (Cac) For Contractors: Contractor Verification System (Cvs) (a) "Contractor employee" means an employee of a firm, or an individual, under contract or subcontract to the Coast Guard to provide services and who requires physical and/or logical access to information systems and/or facilities. (b) Homeland Security Presidential Directive (HSPD)-12 mandates a Federal standard for secure and reliable forms of identification for Federal employees and contractor employees. The Common Access Card (CAC) is a personal identification card for the Department of Defense/Uniformed Services and complies with HSPD-12. The Coast Guard has instituted the CAC as its HSPD-12 compliant personal identification card for contractor and subcontractor employees who are required to access a Coast Guard, Department of Defense (DOD), or other federally-controlled computer information system and/or facility, or need public key infrastructure (PKI) authentication to perform their contractual duties. The Contractor Verification System (CVS) is the automated application process for obtaining a CAC. (c) Contractor and subcontractor employees working pursuant to this contract who are required to access a Coast Guard, DOD, or other federally-controlled computer information system and/or facility, or need PKI authentication to perform their contractual duties shall use CVS to obtain a CAC. (d) The Contracting Officer Technical Representative (COTR) shall serve as the CVS Trusted Agent and is responsible for creating contractor accounts in the CVS; approving, returning, or rejecting CAC applications (as applicable); re-verifying assigned contractors every six months; revoking contractor and employee eligibility for a CAC; and confiscating a CAC when the contract expires or when a contractor or subcontractor employee stops working under the contract. (e) Current standards require a favorable fingerprint check and verification of an initiated or completed investigation for all incoming Coast Guard contractor personnel before CAC issuance. The COTR shall ensure that contractor personnel satisfy the security requirements for CAC issuance, and that completed fingerprint cards and electronic questionnaires for investigation processing are submitted to the U.S. Coast Guard Security Center (SECCEN). (f) The COTR or Contracting Officer shall provide such forms to, or request such information from, contractor employees that may be necessary for obtaining a CAC via the CVS. Completed forms and information shall be submitted as directed by the COTR or Contracting Officer. Contractors are responsible for the accuracy and completeness of the information submitted and for any liability resulting from the Government's reliance on inaccurate or incomplete information. (g) Contractor or subcontractor employees who are declined a CAC via the CVS are ineligible to perform work under this contract. When an employee with a CAC is no longer performing work under this contract, the employee must return the CAC to the COTR or Contracting Officer on the same day the employee stops working. (h) The contractor shall insert this clause in all subcontracts when a subcontractor's employee is required to access a Coast Guard, DOD, or other federally-controlled computer information system and/or facility, or need PKI authentication to perform contractual duties. C.21 Employee Identification a. Contractor employees visiting Coast Guard facilities shall provide two forms of photo identification. One shall be a contractor issued badge that includes contractor name, employee's full name, and card expiration date and the other a standard government approved identification (i.e. Driver's License) in order to obtain a Coast Guard visitor's badge prior to entry. Contractor employees shall comply with escort rules and requirements at all times, identify themselves as contractors when their status is not readily apparent, and display a visitor's badge above the waist in plain view at all times. b. The contractor shall wear a Common Access Card (CAC) identification card furnished by the Government. Contractor identification shall be worn above the waist and remain in plain view at all times. C.22 Employee Conduct Contractor employees shall present a professional appearance at all times and their conduct shall not bring discredit upon the U.S. Coast Guard or the Department of Homeland Security. Contractor employees shall comply with all Government safety requirements (OSHA) when visiting or working on-site at Government facilities and aboard Coast Guard vessels or aircaft. The contractor employee shall not release any Coast Guard personnel contact information or information concerning official unit business or operations. C.23 Removing Employees for Misconduct or Security Reasons The Coast Guard may, at its sole discretion, direct the contractor to remove any contractor employee from Coast Guard or Department of Homeland Security facilities for misconduct or security reasons. Such removal does not relieve the contractor of the responsibility to provide sufficient qualified personnel that is required to execute the contract or any task orders issued under the contract. The Contracting Officer will provide the contractor with a written rationale for removal of the employee. C.24 Removal from Project Access Should Contractor resources be removed from any task order awarded under this contract, the Contractor shall ensure, via coordination with the assigned COTR and Task Order COTR, that - a. All access to Government facilities and systems is revoked. b. The involved Coast Guard security manager(s) are notified of this removal action. c. Any and all Government property, such as identification badges, keys, information technology hardware and software, etc. in the possession of the individual(s) being removed or replaced is immediately (by close of business on the day of removal or replacement) returned to the Government or transferred to other parties replacing the removed individuals. C.25 Government Furnished Data The Contractor shall be provided any Government- furnished data required to perform work described in task orders awarded under this contract. This data shall only be used to perform work required in task orders awarded under this contract. If this data is not delivered on schedule, or is unsuitable for its intended use, the Contractor shall immediately notify the Contracting Officer, who shall investigate this issue. The Government retains title to all Government-furnished data provided. Other rights and criteria shall be in accordance with other "Government Property" clauses incorporated into this contract. C.26 Restriction on Non-Privacy Act Data All data and information made accessible to the Contractor or its subcontractors in performing work under this contract that is not otherwise protected by the Privacy Act or Non-Disclosure Agreement (NDA) shall NOT be used or DISCLOSED by the Contractor for any purpose other than performance of work under this contract. C.27 Billing Schedules The Contractor shall invoice in accordance with the billing schedule included in the contract and each task order awarded under this contract. SECTION D: CONTRACT, DOCUMENTS, EXHIBITS, AND ATTACHMENTS SEE SEPARATELY ATTACHED DOCUMENTS/ATTACHMENTS POSTED UNDER FBO. SECTION E: SOLICITATION PROVISIONS E.1 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 address: http://www.acqnet.gov/far/. FAR Clause Number FAR Clause Title Date 52.203-11 Certifications and Disclosures Regarding Payments to Influence Certain Federal Transactions SEP 2007 52.203-12 Limitation on Payments to Influence Certain Federal Transactions SEP 2007 E.2 FAR 52.212-1 Instructions to Offerors - Commercial Items (JUN 2008)(Tailored) (a) North American Industry Classification System (NAICS) code, and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 750 employees. (b) 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. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b)for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required rep¬resentations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is ``late'' and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) 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) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) 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. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) 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 from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be 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. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror quali¬fies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (https://assist.daps.dla.mil) (ii) Quick Search (https://assist.daps.dla.mil/quicksearch) (iii) ASSISTdocs.com (http://assistdocs.com) (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard (https://assist.daps.dla.mil/wizard); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111 5094,Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall 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 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 items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. E.3 Proposal Preparation Instructions SUBMISSION OF WRITTEN PROPOSALS AND PAST PERFORMANCE INFORMATION-COMPETITIVE Offerors shall respond to all requirements of the solicitation. Offers submitted with inadequate information may be found unacceptable. The proposal shall clearly and concisely describe the offeror's response to the requirements of the solicitation. Elaborate artwork, expensive paper or bindings, and/or expensive visual or other aids are neither necessary nor desirable. The use of general or vague statements such as "standard procedures will be used" or "good engineering practices will be employed" is not acceptable. The offeror shall present details in only one area of the proposal; if discussion of the same information is necessary in another area of the proposal, simply refer to the initial discussion and identify its location in the proposal. If appropriate, cross-referencing the proposal for traceability is recommended. Offerors shall not include classified information in their proposal. For this solicitation, offerors shall submit proposals in one volume, as follows: Section I - Technical Proposal. Include all information requested under "REQUIREMENTS FOR PROPOSAL CONTENT" for Section I. To facilitate the evaluation process, offerors shall prepare their technical proposal in the same format, and following the same order as requirements are presented in the SOW. Offerors shall number the paragraphs in their technical proposal to match the corresponding SOW paragraph number. Section II - Past Performance Information. Include all information requested under "REQUIREMENTS FOR PROPOSAL CONTENT" for Section II. Section III - Administrative and Price Proposal. Include all information requested under "REQUIREMENTS FOR PROPOSAL CONTENT" for Section III, as well as completed solicitation Sections A, B, and K. A loose-leaf binder shall be used. Proposal text shall be no smaller than 10-pitch type size and no larger than 12 pitch type size. "Foldout" pages sized 11 inches by 17 inches are permitted for diagrams, charts or other graphics. All text shall be single-spaced, and margins of 1 inch shall be used on all page borders. REQUIREMENTS FOR PROPOSAL FORMAT Use 8 1/2 by 11-inch paper with text on only one side. Number all pages. The following conditions apply: No. of Copies: *Original plus 3* Proposal Volume Page Limit Section I *25* Section II *5* Section III *5* REQUIREMENTS FOR PROPOSAL CONTENT Include the following in Sections I, II and III so as to facilitate the separate evaluation of each. - Cover sheet containing the following information: (1) Offeror's Name and Address; (2) Title of the Offeror's Proposal; (3) Coast Guard Solicitation Number; and (4) Proposal Number (i.e., Section I) - "Table of Contents" which provides enough detail to quickly locate key elements of the offer. - Tabs/dividers separating each section. E.4 RFP Questions Due to the very short period that this RFP has been reopened for, no further question/answer period will be considered. All questions were to be submitted in writing via email to Ms. Cherish Driver at Cherish.D.Driver@uscg.mil on or before 5 August, 2010. E.5 Offer Due Date and Offeror Submission Address It is the offeror's responsibility to ensure their offer is received (in total) by the proposal revised closing DUE DATE OF 20 September, 2010 by 12 PM Eastern Daylight Time. Offerors are hereby notified that if your proposal is not received by the date, time and location specified (see below) in this announcement, it will not be considered. All proposals shall be submitted in sufficient time to ensure it reaches the Contracting Officer prior to the deadline of 20 September 2010. Please note: the reliance of using regular mail or Federal Express may cause "unexcusable" delays due to the DHS mail delivery system." Proposal shall be mailed/hand-delivered or emailed to the following address: DIRECTOR ATTN: CHERISH DRIVER/SENIOR CONTRACT SPECIALIST/CG-C4IT U.S. COAST GUARD 7323 TELEGRAPH ROAD STOP 7340 ALEXANDRIA VA 22315 Email Address: Cherish.D.Driver@uscg.mil E.6 FAR Clause 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999)(Tailored) a) The Government will award a contract resulting from this combined synopsis/solicitation to the responsible offeror whose technically acceptable offer conforming to this combined synopsis/solicitation will be the lowest priced technically acceptable offer. Only technically acceptable offers will be evaluated. Award will be made on the basis of determining the technically acceptable offer with the lowest evaluated price, which meets or exceeds the requirements in the Statement of Work. E.7 Evaluation Criteria And Relevant Importance The following criteria will be used in the evaluation of proposals: 1: Technical Acceptability Under this factor, the Government will evaluate the Offeror's technical proposal for technical acceptability. In order for the Offeror's technical proposal to be evaluated as "technically acceptable", the proposal must: (a) Show that the proposed equipment meets or exceeds all requirements as prescribed in the Statement of Work. Proposals shall demonstrate compliance with all specifications and requirements in the Statement of Work. (b) Include written documentation certifying how the equipment was tested for compliance with military specifications. Include self-certification that the proposed equipment meets the environmental standards as prescribed in the SOW. Proposals shall include the following as a minimum: • Self-Certification that the proposed equipment meets the SOW environmental requirements. Written documentation is no longer required as proof of meeting SOW environmental requirements. Environmental testing will be included in all First Article Government testing requirements - See Section B.6 - 52.209-4 First Article - Government Testing. • Written documentation demonstrating the proposed equipment meets any additional environmental thresholds included within the manufacturer's technical specifications. • Written documentation that the Ku band antenna is in compliance with MIL STD 461 E, Requirements for the Control of Electromagnetic Interference, (EMI) Characteristics of Sub-Systems and Equipment. • Written documentation that the Ku-band antenna are in compliance with MIL STD 464 A, Electromagnetic Environmental Effects Requirement for Systems. Notes regarding the above documentation requirements: • If an independent testing lab is used to demonstrate compliance, vendors shall provide the lab's certification of compliance and/or the lab's written, certified test results. • If the vendor self-certifies the equipment meets the military specifications and environmental standards (i.e. through the vendor's own lab or internal testing), the vendor shall provide dated copies of the written test plans, test procedures and test results for each test conducted as to compliance with only military specifications [MIL STD 461 E, Requirements for the Control of Electromagnetic Interference, (EMI) Characteristics of Sub-Systems and Equipment and MIL STD 464 A, Electromagnetic Environmental Effects Requirement for Systems.] • All testing shall be completed before proposal submission • Test results shall be included as an appendix to Section 1 of the proposal and will not be included in the page count. (c) Include a written description of the methodology the contractor will use to meet the requirements of SOW paragraph 1.11, TECHNOLOGY INSERTION. (d) Include a written description of the vendor's proposed process for meeting the warranty service requirements. (e) Include a written description of the vendor's proposed process for meeting the repair and return/Store as RFI requirement. Technical proposals that are evaluated as "not technically acceptable" shall be further excluded from the evaluation process. 2: Relevant Past Performance. Offerors with previous contract experience within the maritime environment should list and summarize their performance on similar or related contracts currently in progress or completed within the last three (3) years. Each offeror shall provide a minimum of three (3) references to include specific points of contact, e-mail addresses for those contacts, contract number, contract type, contract period of performance, and brief description of the requirement. In determining whether past performance information is relevant or not relevant, consideration will be given to contracts of similar project complexity, scope, type, and schedule within the maritime environment. Offeror(s) may be asked for additional information about problems encountered and corrective actions taken when negative information has been submitted by references. If past performance information is either not relevant or not available, then the offeror will be rated neutral (neither favorably nor unfavorably). In addition, the Contracting Officer has the discretion to retrieve information via the offeror's supplied references and federal sources to include the Past Performance Information Retrieval System (PPIRS) and the Excluded Parties List System (EPLS). To be considered relevant, the offeror must have been performed within the past three (3) years within the maritime environment. All information and references are subject to verification by the Technical Evaluation Team. The USCG reserves the right to utilize past performance information in conducting the evaluation other than the information submitted with the proposals received. The Government will evaluate the quality, timeliness, and cost control and business relations. A list of similar contracts, delivery orders, purchase orders and/or subcontracts completed during the past 3 years, a list of similar contracts, delivery orders, purchase orders and/or subcontracts currently in progress, or a combination of similar contracts, delivery orders, purchase orders and/or subcontracts that have either been completed in the past 3 years or are currently in progress. Similar contracts, delivery orders, purchase orders, and/or subcontracts listed may include any contract, delivery order, purchase order and/or subcontract larger than $2,500 entered into by the Federal Government, agencies of state and local governments and commercial customers. Offerors that are newly formed entities without prior similar contracts, delivery orders, purchase orders and/or subcontracts shall list similar contracts, delivery orders, purchase orders and/or subcontracts as required above for proposed key personnel. Provide the following information for each contract, delivery order, purchase order, and/or subcontract: (A) Name of Contracting Activity (B) Contract Number (C) Contract Type (D) Total Contract Value (E) Description of Contract Work (F) Contracting Officer (or equivalent) Name and Telephone No. (G) Program Manager (or equivalent) Name and Telephone No. (if applicable) (H) Contracting Officer's Technical Representative (or equivalent) Name and Telephone No. (I) Administrative Contracting Officer (or equivalent) Name and Telephone No. (if different from F) (J) List of first-tier subcontractors (if applicable) The offeror may provide information on both problems encountered and corrective actions taken to resolve those problems on the contracts, delivery orders, purchase orders and/or subcontracts identified. The offeror should not provide general information on their performance on the identified contracts, delivery orders, purchase orders and/or subcontracts. General performance information will be obtained from the references provided by the offeror. The offeror may describe any quality awards or certifications that indicate the offeror possesses a high-quality process for developing and producing the product or service required. Such awards or certifications include, for example, the Malcolm Baldridge Quality Award, other government quality awards, and private sector awards or certifications. Identify what segment of the company (one division or the entire company) that received the award or certification. Describe when the award or certification was bestowed. If the award or certification is over 3 years old, present evidence that the qualifications still apply. 3: Price Offerors are to submit price proposals that provide complete pricing for supplies and services in accordance with the Statement of Work (Attachment I) and CLIN Structure (Attachment II). Proposals that are unrealistic in terms of overall price or reflective of an inherent lack of management and/or technical competence or comprehension of the requirements will be further excluded from evaluation. • 3.1 - Price Reasonableness. The Evaluation Team will evaluate each Offeror's price proposal through adequate price competition. • 3.2 - Price Realism. Offeror's proposals will be evaluated for price realism by comparing their proposed prices to the Independent Government Cost Estimate (IGCE). The IGCE is based on historical prices for similar services and equipment that have been procured during the last five years. Offerors shall complete the CLIN Structure/Pricing Spreadsheet - Attachment II of the solicitation including all fixed price line items and cost-reimbursable amounts. Offerors shall not deviate from the estimated amounts provided for the cost reimbursable CLINS. Offerors shall calculate total for each line item by multiplying the quantity by the unit price. Offerors shall provide a subtotal for each year and an overall total price for the life of the contract. The Government will evaluate proposals for award purposes by adding the and overall total price for the life of the contract. The Government may, at its discretion, accept any or all separately priced line items proposed by an awardee, if that awardee's proposal for separately priced line items is sufficiently attractive. The primary means of determining the "fairness and reasonableness" of proposed prices will be through competition and the comparison of the prices offered in response to this solicitation. To corroborate the accuracy of the stated discounts for supplies, the Offeror should submit copies of relevant commercial price lists and/or catalogs for those items. The offered discounted prices will be compared and evaluated for realism against these catalog list prices. Offerors are placed on notice that any proposals that are unrealistic in terms of technical and management commitment or unrealistically low in overall price will be deemed reflective of an inherent lack of management and technical competence or indicative of failure to comprehend the complexity and risk of the contract requirements. Award will be made on the basis of determining the technically acceptable offer with the lowest evaluated price, which meets or exceeds the requirements in the Statement of Work. E.8 BASIS FOR AWARD - LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA) SOURCE SELECTION PROCESS The Government will award a contract resulting from this combined synopsis/solicitation to the responsible offeror whose technically acceptable offer conforming to this combined synopsis/solicitation will be the lowest priced technically acceptable offer. Only technically acceptable offers will be evaluated. Award will be made on the basis of determining the technically acceptable offer with the lowest evaluated price, which meets or exceeds the requirements in the Statement of Work. E.9 FAR 52.233-2 Service of Protest (SEP 2006)(Tailored) (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 (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. DIRECTOR ATTN: CHERISH DRIVER/SENIOR CONTRACT SPECIALIST/CG-C4IT U.S. COAST GUARD 7323 TELEGRAPH ROAD STOP 7340 ALEXANDRIA VA 22315 NOTICE FOR FILING AGENCY PROTESTS It is the policy of the Coast Guard 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 General Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the 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 at 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. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should submitted to: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington DC 20593-0001 FAX: 202-475-3904 The Ombudsman Hotline telephone number is 202-372-3695 E.10 FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Aug 2009) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (a) Definitions. As used in this provision- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "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 pursuant to 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. "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certificat2ions Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it _______is, ________is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it ________is, ________is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it _______is, ________is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it _______is, _______is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it ______is, ________is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Number of Employees Average Annual Gross Revenues __ 50 or fewer __ $1 million or less __ 51-100 __ $1,000,001-$2 million __ 101-250 __ $2,000,001-$3.5 million __ 251-500 __ $3,500,001-$5 million __ 501-750 __ $5,000,001-$10 million __ 751-1,000 __ $10,000,001-$17 million __ Over 1,000 __ Over $17 million (9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It _______is, _______is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It ________has, ______has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) _______Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It ______is, ______is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It _____is, _______is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It _____has, ______has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It ______has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It ____has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) ____Are, ____are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2)____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 Federal, state or local government 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; (3) _____Are, ________are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) _______Have, _____have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) 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) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. (2) Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) ______In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) ______Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror o does o does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror o does o does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision 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 Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). TIN: ________________________________. ______TIN has been applied for. ______TIN is not required because: _____Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; _____Offeror is an agency or instrumentality of a foreign government; _____Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. ____Sole proprietorship; ____Partnership; ____Corporate entity (not tax-exempt); ____Corporate entity (tax-exempt); ____Government entity (Federal, State, or local); ____Foreign government; ____International organization per 26 CFR 1.6049-4; ____Other ________________________________. (5) Common parent. _____Offeror is not owned or controlled by a common parent; _____Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding.
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Place of Performance: Address: CG-C4IT SC TISCOM, 7323 TELEGRAPH ROAD, ALEXANDRIA, Virginia, 22315, United States; Zip Code: 22315
Record: SN02284691-W 20100918/100916235731-a62f422e2c32b397dd6b7987efa8a1d0 (fbodaily.com)
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58 -- USCG LARGE CUTTER CONNECTIVITY KU BAND EQUIPMENT - Amendment 3 - Amendment 1 - Amendment 2