MODIFICATION
99 -- Linen Cleaning Services for USCG Special Missions Training Center
- Notice Date
- 11/1/2019
- Notice Type
- Modification/Amendment
- NAICS
- 812320
— Drycleaning and Laundry Services (except Coin-Operated)
- 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
- 70Z02320QQWD05600
- Archive Date
- 11/19/2019
- Point of Contact
- Marcus A. Prior, Phone: 2024753264
- E-Mail Address
-
marcus.a.prior@uscg.mil
(marcus.a.prior@uscg.mil)
- Small Business Set-Aside
- N/A
- Description
- FEDERAL BUSINESS OPPROTUNITIES REQUEST FOR QUOTES DATE: 10/30/2019 (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subparts 12 / 13, 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 is a Firm Fixed Price requirement. (ii) This is Request for Quote (RFQ) 70Z02320QQWD05600. (iii) This RFQ incorporates provisions and clauses that are in effect through Federal Acquisition Circular Federal Acquisition Circular 2019-01. (iv) This a total small business set aside with no specific socioeconomic status under North American Industry Classification System (NAICS) code 812320, Dry cleaning & Laundry Services (except Coin-Operated) (v) Only small businesses shall be considered under this solicitation. (vi) The following is a list of contract line item numbers, quantities and units of measure (this list includes all options): CLIN 00001: Base Period Period of Performance: 12/01/2019 thru 11/30/2020 CLIN Description: Linen Cleaning Services Quantity: 1 Unit of Issue: Job CLIN 00002: Option Period 1 Period of Performance: 12/01/2020 thru 11/30/2021 CLIN Description: Linen Cleaning Services Quantity: 1 Unit of Issue: Job CLIN 00003: Option Period 2 Period of Performance: 12/01/2021 thru 11/30/2022 CLIN Description: Linen Cleaning Services Quantity: 1 Unit of Issue: Job CLIN 00004: Option Period 3 Period of Performance: 12/01/2022 thru 11/30/2023 CLIN Description: Linen Cleaning Services Quantity: 1 Unit of Issue: Job CLIN 00005: Option Period 4 Period of Performance: 12/01/2023 thru 11/30/2024 CLIN Description: Linen Cleaning Services Quantity: 1 Unit of Issue: Job The CLIN structure pricing is as follows: CLIN Description Period of Performance Unit of Issue Quantity Firm Fixed Price 00001 Linen Cleaning Services 12/01/2019 thru 11/30/2020 Job 1 tiny_mce_marker______.__ 00002 Linen Cleaning Services 12/01/2020 thru 11/30/2021 Job 1 tiny_mce_marker______.__ 00003 Linen Cleaning Services 12/01/2021 thru 11/30/2022 Job 1 tiny_mce_marker______.__ 00004 Linen Cleaning Services 12/01/2022 thru 11-30/2023 Job 1 tiny_mce_marker______.__ 00005 Linen Cleaning Services 12/01/2023 thru 11/30/2024 Job 1 tiny_mce_marker______.__ GRAND FIRM FIXED PRICE TOTAL tiny_mce_marker______.__ (vii) The United States Coast Guard (USCG) Special Missions Training Center (SMTC) requires linen cleaning services at their barracks located on Camp Lejeune, NC. (viii) The primary place of performance will be at the United States Coast Guard's Special Missions Training Center at Camp Lejeune, NC: USCG Special Missions Training Center BB-329 Courthouse Bay Camp Lejeune, NC 28542 (ix) Please submit your quote in full via email to the attention of Marcus Prior at marcus.a.prior@uscg.mil and copy Jazmine Gordon at jazmine.t.gordon@uscg.mil on or before 12:00 p.m. EST, on 11/07/2019. There will be no exceptions to the time and date on which responses are due, unless extended by the Contracting Officer via solicitation amendment. The data in your proposal should be compatible with Microsoft Office Suite 2016 and/or Adobe Acrobat. Due to the Coast Guard email limitations, proposals shall not be more than 5 megabytes in total. Compressed zipped files will not be accepted. When responding, please include the title "70Z02320QQWD05600" in the subject line of the email. (x) Any questions or concerns regarding any aspect of this RFQ shall be forwarded to the Contract Specialist, Marcus Prior, via e-mail at marcus.a.prior@uscg.mil before 12:00 p.m. EST, on 11/01/2019, so that they can be addressed prior to the submission of quotations. Offerors are strongly encouraged to ask questions and convey their exceptions to the requirements during this time. The Government desires to alleviate concerns during the RFQ phase so that no assumptions or exceptions will be present in any Proposals. (xi) Basis for Award: This is a lowest priced technically acceptable competition. The Government will select the lowest priced Offeror and evaluate that for technical acceptability. If it is found to be technically acceptable, no other offers will be evaluated. If the lowest-priced offer is found to be technically unacceptable, the Government will evaluate the second-lowest priced offer. Etc. In this way, it is possible that not all quotes submitted will be evaluated. The Government reserves the right not enter into clarifications sessions with the Offeror being evaluated. Quote Contents: The Government will evaluate the submitted quote using a lowest-priced technically acceptable method as follows: Technical Acceptability: The Government shall select the lowest priced offeror and evaluate that for technical acceptability. If it is found to be technically acceptable no other offers shall be evaluated. If the lowest-priced offer is found to be technically unacceptable, the Government shall evaluate the second-lowest priced offer. Etc. In this way it is possible that not all quotes submitted shall be evaluated. Therefore, in order to determine whether your company is technically acceptable, your quote shall have to include additional information (such as any other documentation your company feels will be helpful in ensuring they are technical acceptable). Responsibility Determination: In order to be considered acceptable, your company must be listed in the System for Award Management (www.sam.gov). Those who provide quotes but are not listed in the System for Award Management shall be considered technically unacceptable and not eligible for award. Please provide your DUNS number in your quote so the Government can confirm your entry in the System for Award Management (as well as other systems [if used, as this shall be optional by the discretion of the Government] such as CPARS to check responsibility). If your company cannot be determined to be responsible then you may not be eligible for award. Price: The Government will evaluate the total overall price to determine price fairness and reasonableness. (xii) The USCG does NOT plan on sending out unsuccessful Offeror letters at this time for this procurement. If your company would like to be informed this information, please provide it in the body of the email in the text. Otherwise, the USCG does not plan on sending out unsuccessful Offeror letters. ATTACHMENTS: 1. Statement of Work 2. Clauses and Provisions 3. Invoicing instructions ATTACHMENT 1 - STATEMENT OF WORK -FOR- UNITED STATES COAST GUARD SPECIAL MISSIONS TRAINING CENTER LINEN CLEANING SERVICES 1.0 GENERAL. 1.1 SCOPE. The United States Coast Guard (USCG) Special Missions Training Center (SMTC) requires linen cleaning services for their barracks located on Camp Lejeune, NC. 1.2 BACKGROUND. The SMTC is a training center that provides specialized training for USCG personnel. Students attending training at SMTC are housed in the barracks. Linen cleaning service is necessary to clean the linens after use and to provide incoming students clean linens during their training period. The barracks consist of 89 rooms which have a peak occupancy of three (3) students per room. The maximum occupancy of the barracks is 267 students. The SMTC intends to have 83 range training days during the period of performance. 2.0 GOVERNMENT TERMS & DEFINITIONS. USCG - United States Coast Guard SMTC - Special Missions Training Center SOW - Statement of Work POC - Point of Contact 3.0. GOVERNMENT FURNISHED RESOURCES AND INFORMATION All linens are owned by the USCG and are provided to each student. The linens consist of the following: • Sheets - Twin XL • Fitted Sheets - Twin XL • Pillow Cases • Mattress Covers - Twin XL • Cotton Blanket - 66" x 90" • Comforter (100% polyester filling on top; 50% cotton & 50% polyester material on bottom) - Twin XL • Cotton Towels - Standard Size 4.0 REQUIREMENTS. 4.1 The Contractor shall provide prior to contract award that they are eligible and registered with the Camp Lejeune Provost Marshall Office (PMO). 4.2 The Contractor shall ensure that all linen delivery/pickup personnel are trained and qualified to handle proper equipment and supplies. 4.3 The burden to train Contractor's personnel and ensuring environmental compliance is placed solely on the Contractor. 4.4 The Contractor shall provide a Point of Contact (POC) that shall be responsible for ensuring that the contract services are provided satisfactorily. The name of the POC and an alternative(s), who shall act for the Contractor when the POC is absent, shall be designated in writing to the Contracting Officer and SMTC POC at award. 4.5 All dirty linens will be collected by SMTC and stored in a centralized location at the barracks. 4.6 The Contractor shall pick up ALL the provided dirty lines owned by the USCG on a weekly basis Monday thru Friday between the hours of 7:30am and 3:30pm, excluding Federal Holidays. 4.7 All linens shall be professionally washed, dried, folded and sorted into like items and returned to SMTC Barracks each week. 4.8 Linens picked up and washed from the previous week's pickup will be dropped off at designated area when current dirty linens are picked up each week. ATTACHMENT 2 - CLAUSES AND PROVISIONS FEDERAL ACQUISITION REGULATION (FAR) AND HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES This simplified acquisition is in accordance with clauses as of August 08, 2015 through FAC 2005-99. FAR CONTRACT 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 address: http://www.acquisition.gov/far/ (End of clause) The following FAR clauses are hereby incorporated by reference: 52.202-1 Definitions (Nov 2013) 52.204-7 System for Award Management (Jul 2013) 52.212-4 Contract Terms and Conditions -- Commercial Items (Oct 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.250-1 Indemnification under Public Law 85-804 (Apr 1984) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2019) (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 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.] _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). _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). ___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] _X__ (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). ___ (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 (Oct 2018) (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. ___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Aug 2018) of 52.219-9. ___ (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 (Jan 2017) (15 U.S.C. 637(a)(14)). _X__ (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)). ___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). __X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). __X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). ___ (ii) Alternate I (Feb 1999) of 52.222-26. __X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). ___ (ii) Alternate I (July 2014) of 52.222-35. ___ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (ii) Alternate I (July 2014) of 52.222-36. _X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X__ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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) (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). ___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (38) (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. ___ (39) (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. ___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). ___ (ii) Alternate I (Jan 2017) of 52.224-3. ___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 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. ___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X__ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332). ___ (56) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). _X__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). ___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. ___ (iii) Alternate II (Feb 2006) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to 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) _X__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (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). _X__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67). _X__ (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). (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 (Jan 2019) (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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. (v) 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. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (xi) 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. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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). (xiv) 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.) (xv) 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) (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 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). (xxi) 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. (xxii) 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) 52.216-24 Limitation of Government Liability. (Apr 1984) (a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding ___________ dollars. (b) The maximum amount for which the Government shall be liable if this contract is terminated is ___________ dollars. (End of clause) 52.232-1 Payments (Apr 1984) The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if- 1. (a) The amount due on the deliveries warrants it; or 2. (b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price. (End of clause) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the rights, duties, and obligations of the parties, including compensation to the Contractor, shall be in accordance with part 49 of the Federal Acquisition Regulation in effect on the date of this contract. (End of clause) HSAR AND HSAM CLAUSES 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) pecial 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]: 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) 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Sep 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. __X__ 3052.209-72 Organizational Conflicts of Interest. _____ 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause. _____ 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program. (b) Clauses. __X__3052.203-70 Instructions for Contractor Disclosure of Violations. __X__3052.204-70 Security Requirements for Unclassified Information Technology Resources. _____3052.204-71 Contractor Employee Access. _____ Alternate I __X__3052.205-70 Advertisement, Publicizing Awards, and Releases. _____ 3052.209-73 Limitation on Future Contracting. _____ 3052.215-70 Key Personnel or Facilities: Fill in section: The Project Manager / Senior-Most-Employee is KEY. _____ 3052.216-71 Determination of Award Fee. _____ 3052.216-72 Performance Evaluation Plan. _____ 3052.216-73 Distribution of Award Fee. _____ 3052.217-91 Performance. (USCG) _____ 3052.217-92 Inspection and Manner of Doing Work. (USCG) _____ 3052.217-93 Subcontracts. (USCG) _____ 3052.217-94 Lay Days. (USCG) _____ 3052.217-95 Liability and Insurance. (USCG) _____ 3052.217-96 Title. (USCG) _____ 3052.217-97 Discharge of Liens. (USCG) _____ 3052.217-98 Delays. (USCG) _____ 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. _____ 3052.217-100 Guarantee. (USCG) _____ 3052.219-70 Small Business Subcontracting Plan Reporting. _____ 3052.219-71 DHS Mentor Protégé Program. _____ 3052.228-70 Insurance. _____ 3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG) _____ 3052.228-91 Loss of or Damage to Leased Aircraft. (USCG) _____ 3052.228-92 Fair Market Value of Aircraft. (USCG) _____ 3052.228-93 Risk and Indemnities. (USCG) _____ 3052.236-70 Special Provisions for Work at Operating Airports. __X__3052.242-72 Contracting Officer's Technical Representative. _____ 3052.247-70 F.o.B. Origin Information. _____ Alternate I _____ Alternate II _____ 3052.247-71 F.o.B. Origin Only. _____ 3052.247-72 F.o.B. Destination Only. (END OF CLAUSE) Special USCG Terms & Conditions ORGANIZATIONAL CONFLICTS OF INTEREST FOR CONTRACTS AWARDED BY THE U.S. COAST GUARD OFFICE OF CONTRACT 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. ATTACHMENT 3 - INVOICING INSTRUCTIONS Invoicing Instructions: (a) Each invoice shall contain the following information: (1) Contract Number: To be determined (2) Name of the Contract Specialist, Contracting Officer, and COR (3) Invoice Routing Code (IRC) provided in paragraph (b) below. (4) Annotate on the invoice indicating that the contractor represents a Small Business for accelerated payment purposes (5) DUNS number (6) Information regarding payment (7) The CLIN being billed against (b) The Coast Guard unique Invoice Routing Code (IRC) for this contract is: CG-9124. (c) Each invoice must be submitted to the designated billing office via one of the following modes listed in descending order of preference: (1) FINCEN Website invoice receipt form: http://www.fincen.CG.mil/centralinv/central_inv_contr.cfm (2) Mailed to: Commercial Invoices U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326 (d) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe.pdf formatted file, or as otherwise specified in the contract. (e) It is MANDATORY that a copy of the invoice, and all supporting documentation, shall also be e-mailed to the Contract Specialist and the COR regardless of what submission method is used. When emailing the invoices to the Contract Specialist and COR, both must be included on the same email. Failure to follow this step will result in immediate rejection of the invoice. (f) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received: (1) On the later of: (i) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or (i) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless- a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date; (2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or (3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice. (4) Web-based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice. (5) Payment inquiries and status may be obtained - at the following website: https://www.fincen.CG.mil/secure/payment.htm (g) The last invoice submitted for this award shall be clearly labeled, "FINAL INVOICE." (h) All invoices must clearly delineate which CLINs are being invoiced for. (i) All invoices must be sent to the correct IRC. (j) Failure to follow any of these instructions shall result in the invoice being rejected. (End of clause)
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