Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 20, 2015 FBO #5018
SOLICITATION NOTICE

84 -- Insignia - Package #1

Notice Date

8/18/2015
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

313220 — Narrow Fabric Mills and Schiffli Machine Embroidery
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), Commandant (CG-912), U.S. Coast Guard Headquarters, 2703 MARTIN LUTHER KING JR AVE SE, STOP 7828, Washington, District of Columbia, 20593-7828, United States
 

ZIP Code

20593-7828
 

Solicitation Number

HSCG23-15-R-PUD714
 

Point of Contact

Deborah Culver, Phone: 2024753221, Tracey Harriot, Phone: 202-475-3779
 

E-Mail Address

deborah.culver@uscg.mil, tracey.b.harriot@uscg.mil
(deborah.culver@uscg.mil, tracey.b.harriot@uscg.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

RIBBON, U.S. COAST GUARD SEA SERVICE Specification SHOULDER BOARDS AND SLEEVE INSIGNIA Specification NAME/SERVICE TAPES FOR U.S. COAST GUARD OPERATIONAL DRESS UNIFORM (ODU) Specification AIRCREW INSIGNIA for OPERATIONAL DRESS UNIFORM (ODU) Specification COXSWAIN INSIGNIA for OPERATIONAL DRESS UNIFORM (ODU) and CAMOUFLAGE UTILITY UNIFORM (CUU) Specification CUTTERMAN INSIGNIA for OPERATIONAL DRESS UNIFORM (ODU) and CAMOUFLAGE UTILITY UNIFORM (CUU) Specification INSIGNIA, COLLAR, EMBROIDERED, RANK, GRADE, AND SPECIALTY for OPERATIONAL DRESS UIFORM (ODU) Specification LOOP RANK TAB INSIGNIA for PARKA, FOUL/WET WEATHER Specification SLEEVE AND COLLAR RANK, BRADE AND SPECIALTY INSIGNIA Specification METAL COLLAR DEVICE E-7 Specification PRESIDENTAL UNIT CITATION DEV Specification BREAST BADGE CUTTER ENL. Specification COLLAR DEVICE PO3 / COLLAR DEVICE PO2 / COLLAR DEVICE PO1 Specification SLIVER LETTER 'E' Specification BOAT FORCE OPER. INSIG.REG Specification GARRISON CAP INSIGNIA / COMBO HAT DEVICE E6 & BELOW Specification Attachment 11 - Notice for Filing Agency Protest Attachment 10 - FAR 52.212-3 Attachment 9 - USCG Uniform Certification Program Bylaws for Insignia and Related Accessories Attachment 8 - Embroidery Specification List Attachment 7 - Metal Specification List Attachment 6 - Embroidery Frist Order Attachment 5 - Metal First Order Attachment 4 - Embroidery PDM List Atachment 3 - Metal PDM List Attachment 2 - Embroidery List Attachment 1 - Metal List The Department of Homeland Security (DHS), United States Coast Guard (CG), HQ Office Coast Guard Uniforms Division PSC-PSD-MU is the sponsor for this effort. The Coast Guard seeks qualified vendor(s) to supply insignia items for USCG and USPHS. (i) This solicitation is in accordance with the format in subpart FAR 12 for non-developmental items (NDI) available in the commercial marketplace that are previously developed items of supply used exclusively for governmental purposes. In accordance with FAR 12.203, Procedures for solicitation, evaluation and award the solicitation shall employ the simplified acquisition procedures (SAP) authorized under Subpart 13.5, Test Program for Commercial Supply Items under $6.5 million. The streamlined evaluation procedures of FAR 12.602 will be used with the provision FAR 52.212-2, Evaluation - Commercial Items. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued. Any solicitation amendments and answers to questions will be provided through the FEDERAL BUSINESS OPPORTUNITIES (FBO) website https://www.fbo.gov. (ii) The solicitation number for this requirement is HSCG23-15-R-PUD714 and it is being issued as a Request for Proposal (RFP). (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83 dated August 3, 2015. (iv) This procurement is total small business set-aside competition. Applicable North American Industry Classification System (NAICS) codes are: 313220 - Narrow Fabric Mills and Schiffli Machine Embroidery; 314999 - All Other Misc. Textile Prod; 332119 - Metal Crown, Closure, and Other Metal Stamping (except Automotive) and 332999 - All Other Miscellaneous Fabricated Metal Product Manufacturing. The Department of Homeland Security, USCG Office of Contract Operations CG-9121 intends to award a single firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) contract with a 12 month base period and four 12 month option periods. (v) Description of Requirements: Schedule of Supplies The schedule of supplies is sub-divided into 2 groups of military insignia: Metal Insignia and Embroidery Insignia. Attached to this RFQ is an Excel Windows 2003 document with 2 worksheets; Attachments 1 (Metal Insignia) and 2 (Embroidery Insignia). The Offeror will enter the price of each item in Columns G, I, K, M, and O of each insignia group. The extended prices found in Columns H, J, L, N, and P will automatically calculate once the prices of Column G, I, K, M, and O are entered. Offer shall include the Excel document with pricing. Each attachment (Excel worksheet) will have the following information for each item: a. Product Code - Code used by the CG Uniform Distribution Center (UDC) for tracking each insignia item in their logistics system. b. Description of Item c. Specification for Item d. Quantity - This is the estimated yearly quantity for the item and this quantity contributes to the overall yearly ceiling value and total contract ceiling. e. Price - The Offeror will enter the proposed price for the item here. f. Extended Price - The extended price is the sum of the estimated item quantity multiplied by the proposed item price. The extended price of each item is added to determine the total estimated value of the first year of the IDIQ contract. The sample worksheet has incorporated the formula. Specifications are available upon request to this office via email to the Contract Specialist, Deborah A. Culver at deborah.culver@uscg.mil and the Contracting Officer, Tracey B. Harriot at tracey.b.harriot@uscg.mil. The delivery orders written against the IDIQ contract(s) will be placed by the CG Uniform Distribution Center (UDC) Procurement Office in Woodbine, NJ, which is also the FOB Destination location for all insignia deliveries. Each order placed shall not exceed more than two shipments per order. The required delivery date is 60 days after receipt of order (ARO). (vi) The guarantee minimum will be met upon issuance of the First Task Order. (vii) All written questions regarding the solicitation and proposals shall be e-mailed to deborah.culver@uscg.mil and tracey.b.harriot@uscg.mil not later than August 25, 2015 at 9:00 a.m. EDT. (viii) Proposals are due no later than September 1, 2015 at 5:00 p.m. EST and shall be submitted via FBO. CONTRACT PROVISIONS AND CLAUSES Incorporated by Reference 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Sep 2012) 52.209-5 Certification Regarding Responsibility Matter (APR 2010) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); and (C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and (D) Have, have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) 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. (ii) 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. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 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. (ii) 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. Sec. 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. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 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. (iv) 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). (ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision) FAR 52.212-1 Instructions to Offerors - Commercial Items (April 2014) SUBMISSION INSTRUCTIONS Offerors shall submit an electronic version of their proposal in Adobe.pdf format Proposals shall be limited to 30 pages all inclusive with page numbers in sequential order. The page limits exclude FAR 52.212-3 Offeror Representations and Certifications-Commercial Items. Proposals shall be submitted as two sections: Technical Capability Subfactor 1 - Product Demonstration Model (PDM) - Technical offers shall demonstrate the ability to provide delivery of the two (2) groups of insignia: metal and embroidery. The Offeror shall submit two (2) samples of each item listed under Attachments 3 (Metal Insignia) and Attachment 4 (Embroidery Insignia) of the solicitation for examination and evaluation; for insignia with a distinct left and right design two (2) left designs, and two (2) right designs must be provided; items in pairs, such as shoulder boards, two (2) pairs must be provided. PDM sample are requested to be sent as soon as possible but not later than the closing date of this solicitation. All samples must be provided in the quantities stated herein to be considered for award. Name tape a minimum of 2 feet per sample, and a minimum of 2 cut samples should be provided. PDM samples are not required for items on PDM Attachments 3 (Metal Insignia) and Attachment 4 (Embroidery Insignia) if they have certification by USCG or DoD insignia authority. Offerors shall indicate on Attachments 3 (Metal Insignia) and Attachment 4 (Embroidery Insignia) which items are currently certified and provide proof of certification. Upon award, the USCG will return one set of each PDM to the awardee as the approved certified standard for manufacturing and retain the other for the duration of the contract as the approved standard for production. All unsuccessful PDMs will be returned to each respective Offeror. The PDM sample insignia are to be sent to the USCG HQ for evaluation as follows. U.S. Department of Homeland Security Commandant (CG-912) Attn: Office of Contract Operations US Coast Guard Stop 7828 (James Dawson) 2703 Martin Luther King Jr Ave SE Washington, DC 20593-7828 Subfactor 2 - Proposal for DO#1.The Offerors shall complete Attachments 5 and 6, which will form the basis of the first delivery order placed concurrently with the awarded contract. The pricing shall be in accordance with proposed pricing for first year of contract. The required schedule is delivery 60 days after receipt of order (ARO) when orders are within the minimum and maximum ordering limitations of FAR 52.216-19 Order Limitations. (OCT 1995). If the price of the order exceeds the maximum ordering quantity amount, then the Offerors may propose an alternative delivery schedule. If no alternative schedule is proposed, then the 60 day delivery schedule as currently stated shall apply to all orders, regardless of quantity. Section 2: Price Offerors shall submit a spreadsheet with price proposals IAW the CLIN structure. FAR 52.212-2 Evaluation - Commercial Items (Oct 2014) (a) Quotations or offers shall be evaluated on the basis of the criteria established in the solicitation. Award of a contract to a responsible Offeror(s) resulting from this solicitation will be based on Lowest Price Technically Acceptable (LPTA) source selection through the consideration of one or more non-price evaluation factors. In order to be considered suitable for award, the proposal must receive an acceptable/neutral rating for every non-price factor. The Government reserves the right for multiple awards if determined in the best interest of the Government. The evaluation factors are summarized as follows. Technical Factor 1 - Technical Capability: The United States Coast Guard (USCG) will evaluate the overall quality, reasonableness and soundness of the contractor's technical capability as it relates to understanding and satisfying the Government's requirement. Therefore, Contractors shall present their offered technical capability that at a minimum addresses: Subfactor 1 -PDM Evaluation - Three samples of each PDM items submitted will be evaluated using standard USCG evaluation methods to determine compliance to insignia specifications. The Government will evaluate each set of PDM samples on a pass/fail basis. The Government will establish an overall rating of technical capability for each Offeror related to the overall submission of PDM samples. The overall rating of the pass/fail evaluation will consider the extent of passed items as well as quantity and nature of failed items. A low number of failed items that are easily correctible may warrant a technically acceptable rating. The PDM sample evaluation will evaluate the Offeror's technical capability for conforming to the insignia specification requirements and workmanship of PDM items. Subfactor 2 - Submitted proposal for Delivery Order 1 (DO#1) under solicitation Attachments 5 (Metal) and 6 (Embroidery) will be evaluated for both ability to meet schedule and price. Factor 1 - Evaluation rating method. Rating System for Factor 1 - Technical Capability Rating Definition Acceptable Proposal meets the requirements of the solicitation. Unacceptable Proposal does not meet the requirements of the solicitation. Factor 2 - Relevant Past Performance: The USCG will evaluate the relevant past performance on projects of comparable scope and complexity to demonstrate the capability to deliver acceptable products. The Government will utilize the federal past performance systems (CPARS/PPIRS) to obtain relevant past performance. In addition, the Government may use other sources of available relevant past performance information outside of CPARS/PPIRS, such as information provided in a proposal. Relevant past performance evaluation rating method. Rating System for Factor 2 -Relevant Past Performance Rating Definition Acceptable Based on the offeror's relevant past performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort. Neutral If an offeror having no record of relevant past performance through the federal database or relevant past performance information is not available, the offeror will receive a neutral rating. Unacceptable Based on the offeror's relevant past performance record, the Government has no reasonable expectation that the offeror will successfully perform the required effort. Price: Price will not be assigned an adjectival rating. All pricing information shall be addressed within the offeror's proposal. The offeror‘s CLIN prices will be evaluated for reasonableness and balance. Reasonableness - Price Analysis techniques in accordance with FAR 15.404-1(b) will be used to validate price reasonableness. The Government will evaluate Offers for the total maximum quantity price by combining the total price for the base period and four option periods from Attachments 1 and 2. This total evaluated price will be used in determining award The offerors shall enter the proposed prices in accordance with Attachments 1 and 2. Attachments 1 and 2 must have all pricing completed for each item or the proposal will be considered non-responsive. Any quantity discounts shall be stated separately and clearly by quantity or dollar value. The estimated delivery date is 60 days after contract award for price offer purposes, with an estimated contract award September 30, 2015. (End of Provision) FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (March 2015) is applicable to this procurement. Reference Attachment 10 for full text of clause. FAR 52.212-4 Contract Terms and Conditions - Commercial Items (May 2015) is applicable to this procurement. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders - Commercial Items (May 2015). (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: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] X__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Oct 2014) of 52.219-9. X__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). X__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). X__ (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-13. __ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). X__ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X__ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) 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: __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (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 andright 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)(1) 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 (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212) (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (AUG 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). 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. (End of clause) FAR 52.216-19 Order Limitations. (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $250 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor: (1) Any order for in an amount in excess of TBD; (2) Any order for a combination in an amount in excess of TBD in one year; or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. FAR 52.216-22 -- Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 90 days after the expiration of the period of performance. (End of Clause) FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within the active period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 14 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. 52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html (End of Clause) 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 Affiliated 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 quotation. (End of Clause) 3052.225-70 REQUIREMENT FOR USE OF CERTAIN DOMESTIC COMMODITIES (AUG 2009) (a) Definitions. As used in this clause-- (1) "Commercial," as applied to an item described in subsection (b) of this clause, means an item of supply, whether an end product or component, that meets the definition of "commercial item" set forth in (FAR) 48 CFR 2.101. (2) Component'' means any item supplied to the Government as part of an end product or of another component. (3) End product'' means supplies delivered under a line item of this contract. (4) Non-commercial,'' as applied to an item described in subsections (b) or (c) of this clause, means an item of supply, whether an end product or component, that does not meet the definition of "commercial item" set forth in (FAR) 48 CFR 2.101. (5) Qualifying country'' means a country with a memorandum of understanding or international agreement with the United States under which DHS procurement is covered. (6) United States'' includes the possessions of the United States. (b) The Contractor shall deliver under this contract only such of the following commercial or non-commercial items, either as end products or components, that have been grown, reprocessed, reused, or produced in the United States: (1) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof; or (2) Tents, tarpaulins, covers, textile belts, bags, protective equipment (such as body armor), sleep systems, load carrying equipment (such as fieldpacks), textile marine equipment, parachutes or bandages. (c) The Contractor shall deliver under this contract only such of the following non-commercial items, either as end products or components, that have been grown, reprocessed, reused, or produced in the United States: (1) Cotton and other natural fiber products. (2) Woven silk or woven silk blends. (3) Spun silk yarn for cartridge cloth. (4) Synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics). (5) Canvas products. (6) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles). (7) Any item of individual equipment manufactured from or containing any of the fibers, yarns, fabrics, or materials listed in this paragraph (c). (d) This clause does not apply-- (1) To items listed in (FAR) 48 CFR 25.104, or other items for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at United States market prices; (2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the estimated value of the cotton, other natural fibers, or wool is not more than 10 percent of the total price of the end product; or (3) To items that are eligible products per (FAR) 48 CFR Subpart 25.4. (End of clause.) HSAR 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003) (a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract 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 for construction, 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. (End of clause) LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Attachment 1 - Metal Insignia Schedule of Supply and Pricing Attachment 2 - Embroidery Insignia Schedule of Supply and Pricing Attachment 3 - Metal Insignia PDM List Attachment 4 - Embroidery Insignia PDM List Attachment 5 - Metal Insignia Schedule of Supply and Pricing - 1st Delivery Order Attachment 6 - Embroidery Insignia Schedule of Supply and Pricing - 1st Delivery Order Attachment 7 - Metal Insignia Specifications Attachment 8 - Embroidery Insignia Specifications Attachment 9 - USCG Uniform Certification Program Bylaws for Insignia and Related Accessories Attachment 10 - Full text of clause, FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (Mar 2015) Attachment 11 - Notice for Filing Agency Protest
 

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