SOLICITATION NOTICE
U -- General Shipboard FF and Damage Control Training - SOW - CLAUSES - ATTACHMENT - DAMAGE CONTROL - PRICING
- Notice Date
- 9/29/2017
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 611519
— Other Technical and Trade Schools
- 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
- HSCG23-18-Q-PBP004
- Archive Date
- 10/18/2017
- Point of Contact
- Wendy M Stevenson, Phone: 202-475-3214
- E-Mail Address
-
wendy.stevenson@uscg.mil
(wendy.stevenson@uscg.mil)
- Small Business Set-Aside
- N/A
- Description
- PRICING SHEET SHIPBOARD DAMAGE CONTROL COURSE PROVISION/CLAUSES SOW The United States Coast Guard (USCG) is issuing a combined synopsis/solicitation, request for quotation number HSCG23-18-Q-PBP004, for Shipboard Fire Fighting and Damage control training to be held in the Seattle, WA or Everett, WA area. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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. The applicable NAICS code is 611519 - Other Technical and Trade Schools. The SBA small business size standard is $15,000,000.00. This is an unrestricted requirement. **Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon availability of appropriated funds. FAR 52.232-18 Availability of Funds (Apr 1984) is applicable. The attached Statement of Work (SOW) provides a description of the requirements for the services to be acquired. The provision at 52.212-1, Instructions to Offerors - Commercial, applies to this solicitation. 52.212-2, Evaluation - Commercial Items and 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017), applies to this solicitation and is included in the attached Terms and Conditions. Offerors shall include a completed copy of the provision 52.212-3, Offeror Representations and Certifications - Commercial Items, with its offer and the "fill-in" for 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006). Terms and conditions necessary for this acquisition and consistent with customary commercial practices are found in Attachment 3: Clauses and Provisions. Quotes shall include the following: (1) Technical Capability This document shall include written information that pertains to the Offeror's technical capability to provide the training as specified in the statement of work (SOW), Attachment 1 and attached course descriptions for A-495-0416 - General Shipboard Fire Fighting with SCBA; A-495-0018 - Fire Fighting Integrated Team Training ; and K-495-0045- General Shipboard Damage Control. The Offeror shall also provide proof of its company and instructors holding qualification/certification from USCG National Maritime Center and/or National Fire Protection Association. (2) Responsibility Quote must include company's address, DUNS Number, CAGE CODE, and Tax ID Number. The entity's active SAM information, which can be found on www.sam.gov (submitted in PDF or Word). (3) Price The Offeror shall provide a price quote on a Firm-Fixed Price (FFP) basis. The Offeror shall provide pricing in the format outlined in Attachment 2 Pricing HSCG23-18-Q- PBP004. Basis for award: The Government intends to award one (1) Firm-Fixed Price (FFP) purchase order to the lowest price and technically acceptable (LPTA) offer. Offerors that do not submit all of the information required, may not be considered for award. Refer to provisions 52.212-1 and 52.212-2 for offer requirements and evaluation of offers and DHS clause 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006) for required "fill in" information. The Government anticipates making an award without discussions. Period of Performance: Session 1: 12-13 Oct 2017 desired date, due to ship's schedule and in accordance with SOW Section 2.0 Place of Performance Address: Contractor's facility, Seattle, WA or Everett, WA (area) Evaluation: (1) Technical Capability The Government will evaluate the Offeror's technical capability to determine whether the organization and instructors proposed have the qualifications and capability to meet the requirements of the SOW and the provided course descriptions. (2) Responsibility The Government will evaluate ALL prospective offerors for responsibility, determined by an active SAM record submission. (3) Price The Government will evaluate all proposed prices in accordance with Attachment 2 to determine price reasonableness. Please submit quotations via email to Ms. Wendy Stevenson at wendy.stevenson@uscg.mil. When responding, please include "HSCG23-18-Q- PBP004" in the subject line of the email. Attachments: (1) Statement of Work (2) Pricing sheet (3) Clauses and Provisions (4) Course Descriptions (2) The United States Coast Guard (USCG) is issuing a combined synopsis/solicitation, request for quotation number HSCG23-18-Q-PBP004, for Shipboard Fire Fighting and Damage control training to be held in the Seattle, WA or Everett, WA area. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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. The applicable NAICS code is 611519 - Other Technical and Trade Schools. The SBA small business size standard is $15,000,000.00. This is an unrestricted requirement. **Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon availability of appropriated funds. FAR 52.232-18 Availability of Funds (Apr 1984) is applicable. The attached Statement of Work (SOW) provides a description of the requirements for the services to be acquired. The provision at 52.212-1, Instructions to Offerors - Commercial, applies to this solicitation. 52.212-2, Evaluation - Commercial Items and 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017), applies to this solicitation and is included in the attached Terms and Conditions. Offerors shall include a completed copy of the provision 52.212-3, Offeror Representations and Certifications - Commercial Items, with its offer and the "fill-in" for 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006). Terms and conditions necessary for this acquisition and consistent with customary commercial practices are found in Attachment 3: Clauses and Provisions. Quotes shall include the following: (1) Technical Capability This document shall include written information that pertains to the Offeror's technical capability to provide the training as specified in the statement of work (SOW), Attachment 1 and attached course descriptions for A-495-0416 - General Shipboard Fire Fighting with SCBA; A-495-0018 - Fire Fighting Integrated Team Training ; and K-495-0045- General Shipboard Damage Control. The Offeror shall also provide proof of its company and instructors holding qualification/certification from USCG National Maritime Center and/or National Fire Protection Association. (2) Responsibility Quote must include company's address, DUNS Number, CAGE CODE, and Tax ID Number. The entity's active SAM information, which can be found on www.sam.gov (submitted in PDF or Word). (3) Price The Offeror shall provide a price quote on a Firm-Fixed Price (FFP) basis. The Offeror shall provide pricing in the format outlined in Attachment 2 Pricing HSCG23-18-Q- PBP004. Basis for award: The Government intends to award one (1) Firm-Fixed Price (FFP) purchase order to the lowest price and technically acceptable (LPTA) offer. Offerors that do not submit all of the information required, may not be considered for award. Refer to provisions 52.212-1 and 52.212-2 for offer requirements and evaluation of offers and DHS clause 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006) for required "fill in" information. The Government anticipates making an award without discussions. Period of Performance: Session 1: 12-13 Oct 2017 desired date, due to ship's schedule and in accordance with SOW Section 2.0 Place of Performance Address: Contractor's facility, Seattle, WA or Everett, WA (area) Evaluation: (1) Technical Capability The Government will evaluate the Offeror's technical capability to determine whether the organization and instructors proposed have the qualifications and capability to meet the requirements of the SOW and the provided course descriptions. (2) Responsibility The Government will evaluate ALL prospective offerors for responsibility, determined by an active SAM record submission. (3) Price The Government will evaluate all proposed prices in accordance with Attachment 2 to determine price reasonableness. Please submit quotations via email to Ms. Wendy Stevenson at wendy.stevenson@uscg.mil. When responding, please include "HSCG23-18-Q- PBP004" in the subject line of the email. Attachments: (1) Statement of Work (2) Pricing sheet (3) Clauses and Provisions (4) Course Descriptions (2) ******************************************************************************************** Shipboard Fire Fighting and Damage Control training Statement of Work (SOW) Scope of Work Intro: Request contractor provide classroom and practical hands on training to provide instruction to Officers and Enlisted personnel in firefighting and damage control equipment, procedures, and to prepare them for qualification as members of a Shipboard Damage Control Organization. Instruction to include the proper techniques and procedures for combating various classes of fires, flooding, and shipboard damage. Instruction on personnel protective equipment, chemistry of fire, portable fire extinguishers, and the Self Contained Breathing Apparatus (SCBA). Cutter will be moored in the vicinity (IVO) of either Seattle, WA or Everett, WA and training facilities must be within a reasonable commuting distance of those locations. 1.0 Timeline and Period of Performance The period of performance for this project has the following expected periods of performance: Primary desired training period: 12 and 13 October due to ship's schedule *Due to the dynamic nature of ship schedules, the contractor shall provide at no additional cost to the government alternative session dates on mutually agreeable dates if required by changes in the ship's schedule. 2.0 Deliverables a.) Request one (1) session consisting of two courses, or equivalents: 1) US Navy course A-495-0416 General Shipboard Fire Fighting with SCBA 2) US Navy course K-495-0045 General Shipboard Damage Control Request up to 24 persons allotted for each course. b.) Vendors are to provide required supplies, equipment (including but not limited to necessary personal protective equipment for students), classroom, and drills and live fires demonstration facilities. c.) Contractor must provide an emergency medical technician (EMT), as required in paragraph 3.0. d.) Contractor to provide suitable lunches during training days. 3.0 Risks Fire fighting is a dangerous even under the best of conditions. Many instructors and trainees have suffered injuries while involved in training evolutions. For these reasons, this course has been identified as a high/moderate risk course by OPNAVINST 1500.75C (Series). As such, it is subject to all the requirements for high risk training. Fire fighting instructors must always keep personnel safety foremost in their minds. There is no substitute for active supervision by competent instructors with extensive fire fighting training and good judgment. 4.0 SAFETY / HAZARD AWARENESS NOTICE The Course Supervisor or his designated representative (a qualified instructor) must be present on the training site as a safety observer to oversee and intervene as necessary during all live fire exercises. In addition, an emergency medical technician (EMT) shall be present at the training facility whenever live fire exercises are in progress and be immediately available in case of personnel injury or accident. ENSURE THAT THE FOLLOWING POLICY IS STATED VERBATIM TO TRAINEES DURING THE INTRODUCTORY CLASS SESSION 1. A Training Time Out (TTO) may be called in any training situation whenever a student or instructor expresses concern for personnel safety or a need for clarification of procedures or requirements exist. TTO is also an appropriate means for a student to obtain relief if he/she is experiencing pain, heat stress, or other serious physical discomfort. 2. Due to the hazardous nature of live fire fighting training, a student shall request a TTO whenever they're apprehensive about their personnel safety or that of another. An instructor shall effect a TTO for similar reasons. The purpose of the TTO is to clarify a situation of concern, and to receive or provide additional instruction as appropriate. A TTO is requested by a student by raising a hand over the head. If the student's signal is not acknowledged by the instructor the student shall shout "TIME OUT". When engaged in live fire fighting training the instructor shall attempt to relieve the student requesting the TTO and direct the student out of the structure. If this is not practical for some reason, the instructor shall back out/remove the group out of the structure. ENSURE THAT ALL STUDENTS ARE BRIEFED ON THE NEED TO REPORT TO THE INSTRUCTIONAL STAFF ANY CHANGES IN THEIR MEDICAL STATUS DURING THE COURSE 5. Attachments: 5.1) Course description for A-495-0416 5.2) Course description for K-495-0045 ****************************************************************************** ATTACHMENT 2: CLAUSES FEDERAL ACQUISITION REGULATION (FAR) AND HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES: 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://farsite.hill.af.mil (End of clause) The following FAR Clauses are hereby incorporated by reference: FAR 52.204-7 System for Award Management (Oct 2016) FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Jan 2017) FAR 52.213-1 Fast Payment Procedure (May 2006) FAR 52.232-18 Availability of Funds (Apr 1984) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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.] ___ (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). _X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). _X__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (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] ___ (14) (i) 52.219-6, Notice of Total Small Business 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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Nov 2016) of 52.219-9. ___ (iii) Alternate II (Nov 2016) of 52.219-9. ___ (iv) Alternate III (Nov 2016) of 52.219-9. ___ (v) Alternate IV (Nov 2016) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 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. 657f). ___ (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (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 (Oct 2016) (E.O. 13126). _X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X__ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). _X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (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 (Feb 2016) (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 (Oct 2015). (E. O. 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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. ___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). ___ (37) (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.) ___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). ___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _X__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). ___ (ii) Alternate I (Jan 2017) of 52.224-3. ___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (49) (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. ___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __X_ (57) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (58) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). _X__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). ___ (62) (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: [Contracting Officer check as appropriate.] ___ (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 2015) (E.O. 13658). ___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). ___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 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)(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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) (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 E.O. 13627). (xiii) 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.) (xiv) 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) (xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 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. (xxiii) 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) DHS Clauses incorporated by full text (fill-in): 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 an acquisition described in section 835(b)(1) 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]: _X_ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, 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 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (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. (End of clause) HOMELAND SECURITY ACQUISITION CLAUSES 3052.242-71 Dissemination of Contract Information (DEC 2003) 3052.242-72 Contracting Officer's Technical Representative (DEC 2003) Invoicing Instructions for Simplified Acquisitions in FPD 1. To submit an invoice, please use this URL: http://www.fincen.uscg.mil/electron.htm 2. Once there, click on "Coast Guard vendors." 3. After that, click on "All other Coast Guard Invoices." Do NOT click on Coast Guard Award Invoices or Contract/Order Invoices. 4. Follow the directions on the screen to properly submit your invoice (END OF INVOICING) *************************************************************************** PRICING SHEET COURSE QTY TOTAL US Navy course A-495-0416 General Shipboard Fire Fighting with SCBA or equivalent IAW Statement of Work, section 2.0 - 1 CLASS/24 STUDENTS $ US Navy course K-495-0045 General Shipboard Damage Control or equivalent IAW Statement of Work, section 2.0 - 1 CLASS/24 STUDENTS $ TOTAL FOR 1 SESSION OF BOTH COURSES $
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