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Participation in Latino Magazine for Advertisements and AHORA Day

Department of Homeland Security, United States Coast Guard (USCG) | Published July 27, 2015  -  Deadline July 31, 2015
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If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights -- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. Addendum to FAR 52.212-4. Any addendum to FAR 52.212-4 should be clearly labeled as such and shall include the following information, as appropriate: (i) If the contracting officer tailors FAR 52.212-4 in accordance with FAR 12.302, the tailored parts of the clause shall be stated in the addendum. (ii) If the contracting officer specifies commercial contract financing terms, the information required by FAR 32.206(b)(1) shall be included in the addendum. (iii) When cost information will be obtained pursuant to FAR part 15 to establish the reasonableness of prices for commercial items, the contracting officer shall insert the clauses prescribed for this purpose in the addendum. (iv) The contracting officer may include in solicitations and contracts by addendum to FAR 52.212-4 other FAR clauses when their use is consistent with the limitations contained in FAR 12.302. For example: (A) The contracting officer may include appropriate clauses when an indefinite-delivery type of contract will be used. The clauses prescribed at FAR 16.506 may be used for this purpose. (B) The contracting officer may include appropriate clauses when the use of options is in the Government's interest. The clauses prescribed in FAR 17.208 may be used for this purpose. (C) The contracting officer may use the provisions and clauses contained in FAR Part 23 regarding the use of products containing recovered materials and biobased products when appropriate for the item being acquired. (v) The contracting officer shall insert the clause at 52.245-1, Government Property (Apr 2012), in contracts or modifications awarded under FAR Part 12 procedures where Government property that exceeds the simplified acquisition threshold, as defined in FAR 2.101, is furnished or where the contractor is directed to acquire property for use under the contract that is titled in the Government. The contracting officer shall use the clause with its Alternate I in contracts other than time-and-materials, labor-hour, and negotiated fixed-price contracts. Purchase orders for property repair need not include a Government property clause when the acquisition cost of Government property to be repaired does not exceed the simplified acquisition threshold, unless other Government property (not for repair) is provided. (vi) The contracting officer shall insert the clause at 52.245-9, Use and Charges, in solicitations and contracts when the clause at 52.245-1 is included. xii) 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. Contract Terms and Conditions Required to Implement Statutes 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, 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). ___ (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 (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 (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). ___ (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 2011) (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 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. ___ (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 (Nov 2011) (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 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)). ___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). ___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). ___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (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 Television (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. ___ (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). ___ (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 (Jun 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)). ___ (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: [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 (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). _X__ (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 (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 (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 (1) 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 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) (E.O. 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. FAR 52.204-7 System for Award Management (Contractor must be registered prior to receiving any award (https://www.sam.gov) xiii) 52.213-1 Fast Payment Procedure Fast Payment Procedure (May 2006) (a) General. The Government will pay invoices based on the Contractor's delivery to a post office or common carrier (or, if shipped by other means, to the point of first receipt by the Government). (b) Responsibility for supplies. (1) Title to the supplies passes to the Government upon delivery to -- (i) A post office or common carrier for shipment to the specific destination; or (ii) The point of first receipt by the Government, if shipment is by means other than Postal Service or common carrier. (2) Notwithstanding any other provision of the contract, order, or blanket purchase agreement, the Contractor shall -- (i) Assume all responsibility and risk of loss for supplies not received at destination, damaged in transit, or not conforming to purchase requirements; and (ii) Replace, repair, or correct those supplies promptly at the Contractor's expense, if instructed to do so by the Contracting Officer within 180 days from the date title to the supplies vests in the Government. (c) Preparation of invoice. (1) Upon delivery to a post office or common carrier (or, if shipped by other means, the point of first receipt by the Government), the Contractor shall -- (i) Prepare an invoice as provided in this contract, order, or blanket purchase agreement; and (ii) Display prominently on the invoice "Fast Pay." Invoices not prominently marked "FAST PAY" via manual or electronic means may be accepted by the payment office for fast payment. If the payment office declines to make fast payment, the Contractor shall be paid in accordance with procedures applicable to invoices to which the Fast Payment clause does not apply. (2) If the purchase price excludes the cost of transportation, the Contractor shall enter the prepaid shipping cost on the invoice as a separate item. The Contractor shall not include the cost of parcel post insurance. If transportation charges are stated separately on the invoice, the Contractor shall retain related paid freight bills or other transportation billings paid separately for a period of 3 years and shall furnish the bills to the Government upon request. (3) If this contract, order, or blanket purchase agreement requires the preparation of a receiving report, the Contractor shall either- (i) Submit the receiving report on the prescribed form with the invoice; or (ii) Include the following information on the invoice: (A) Shipment number. (B) Mode of shipment. (C) At line item level- (1) National stock number and/or manufacturer's part number; (2) Unit of measure; (3) Ship-To Point; (4) Mark-For Point, if in the contract; and (5) FEDSTRIP/MILSTRIP document number, if in the contract. (4) If this contract, order, or blanket purchase agreement does not require preparation of a receiving report on a prescribed form, the Contractor shall include on the invoice the following information at the line item level, in addition to that required in paragraph (c)(1) of this clause: (i) Ship-To Point. (ii) Mark-For Point. (iii) FEDSTRIP/MILSTRIP document number, if in the contract. (5) Where a receiving report is not required, the Contractor shall include a copy of the invoice in each shipment. (d) Certification of invoice. The Contractor certifies by submitting an invoice to the Government that the supplies being billed to the Government have been shipped or delivered in accordance with shipping instructions issued by the ordering officer, in the quantities shown on the invoice, and that the supplies are in the quantity and of the quality designated by the contract, order, or blanket purchase agreement. (e) Fast pay container identification. The Contractor shall mark all outer shipping containers "Fast Pay." When outer shipping containers are not marked "FAST PAY," the payment office may make fast payment. If the payment office declines to make fast payment, the Contractor shall be paid in accordance with procedures applicable to invoices to which the Fast Payment clause does not apply. (End of Clause)

COMBINED SYNOPSIS/SOLICITATION Direct Covariance Air-Sea Flux Measurement

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published June 6, 2016  -  Deadline June 21, 2016
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COMBINED SYNOPSIS/SOLICITATIONDirect Covariance Air-Sea Flux Measurement (I) This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number PMEL-16-00942. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-87. (IV) This solicitation is being issued with no Set-aside. The associated NAICS code is 541690. (V) This combined solicitation/synopsis is for purchase of the following commercial services/items:Consulting on a technical development project. (VI) Description of requirements is as follows:Per attached statement of work (VII) Date(s) and place(s) of delivery and acceptance 06/30/2017 at NOAA/PMEL 7600 Sand Point Way NE Seattle, WA 98115-6349. Delivery shall be FOB Origin THE FOLLOWING PROVISIONS AND CLAUSES APPLY TO THIS ACQUISITION FAR 52.212-1, Instructions to Offerors -- Commercial Items FAR 52.212-3, Offeror Representations and Certifications - Commercial Items FAR 52.212-4, Contract Terms and Conditions - Commercial Items FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items FAR 52.204-99 System for Award Management (DEVIATION) CAR 1352.201-70 Contracting Officer's AuthorityCAR 1352.209-73 Compliance with the LawsCAR 1352.209-74 Organizational Conflict of InterestCAR 1352.233-70 Agency ProtestsCAR 1352.233-71 GAO and Court of Federal Claims ProtestsCAR 1352.237-70 Security Requirements 52.232-39 - Unenforceability of Unauthorized Obligations.. 1 52.232-18 AVAILABILITY OF FUNDS (APR 1984)(Reference 52.232-18). 2 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)(Reference 52.232-40). 3 52.247-29 F.O.B. ORIGIN (FEB 2006)(Reference 52.247-29). 4 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)(Reference 1352.201-70). 5 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)(Reference 1352.209-73). 6 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)(Reference 1352.209-74). 7 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conformto the requirements of this contract. The Government reserves the right to inspect or test any suppliesor services that have been tendered for acceptance. The Government may require repair or replacementof nonconforming supplies or reperformance of nonconforming services at no increase in contract price.Ifrepair/replacement or reperformance will not correct the defects or is not possible, the Governmentmay seek an equitable price reduction or adequate consideration for acceptance of nonconforming suppliesor services. The Government must exercise its post-acceptance rights--(1) Within a reasonable time after the defect was discovered or should have been discovered; and(2) Before any substantial change occurs in the condition of the item, unless the change is due tothe defect in the item.(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as aresult of performance of this contract to a bank, trust company, or other financing institution,including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).However, when a third party makes payment (e.g., use of the Government wide commercial purchase card),the Contractor may not assign its rights to receive payment under this contract.(c) Changes. Changes in the terms and conditions of this contract may be made only by writtenagreement of the parties.(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contracts Disputes, as amended(41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request forequitable adjustment, claim, appeal or action arising under or relating to this contract shall be adispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporatedherein by reference. The Contractor shall proceed diligently with performance of this contract,pending final resolution of any dispute arising under the contract.(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused byan occurrence beyond the reasonable control of the Contractor and without its fault or negligence suchas, acts of God or the public enemy, acts of the Government in either its sovereign or contractualcapacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, anddelays of common carriers. The Contractor shall notify the Contracting Officer in writing as soonas it is reasonably possible after the commencement of any excusable delay, setting forth the fullparticulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, andshall promptly give written notice to the Contracting Officer of the cessation of such occurrence.(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, ifauthorized) to the address designated in the contract to receive invoices. An invoice must include--(i) Name and address of the Contractor;(ii) Invoice date and number;(iii) Contract number, contract line item number and, if applicable, the order number;(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;(v) Shipping number and date of shipment, including the bill of lading number and weight ofshipment if shipped on Government bill of lading;(vi) Terms of any discount for prompt payment offered;(vii) Name and address of official to whom payment is to be sent;(viii) Name, title, and phone number of person to notify in event of defective invoice; and(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoiceonly if required elsewhere in this contract.(x) Electronic funds transfer (EFT) banking information.(A) The Contractor shall include EFT banking information on the invoice only if requiredelsewhere in this contract.(B) If EFT banking information is not required to be on the invoice, in order for the invoiceto be a proper invoice, the Contractor shall have submitted correct EFT banking information inaccordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Paymentby Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic FundsTransfer-Other Than System for Award Management), or applicable agency procedures.(C) EFT banking information is not required if the Government waived the requirement to pay byEFT.(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Officeof Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees andagents against liability, including costs, for actual or alleged direct or contributory infringementof, or inducement to infringe, any United States or foreign patent, trademark or copyright, arisingout of the performance of this contract, provided the Contractor is reasonably notified of such claimsand proceedings.(i) Payment.--(1) Items accepted. Payment shall be made for items accepted by the Government that have beendelivered to the delivery destinations set forth in this contract.(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) forthe appropriate EFT clause.(4) Discount. In connection with any discount offered for early payment, time shall be computedfrom the date of the invoice. For the purpose of computing the discount earned, payment shall beconsidered to have been made on the date which appears on the payment check or the specified paymentdate if an electronic funds transfer payment is made.(5) Over payments. If the Contractor becomes aware of a duplicate contract financing or invoicepayment or that the Government has otherwise overpaid on a contract financing or invoice payment, theContractor shall--(i) Remit the over payment amount to the payment office cited in the contract along with adescription of the over payment including the--(A) Circumstances of the over payment (e.g., duplicate payment, erroneous payment, liquidationerrors, date(s) of overpayment);(B) Affected contract number and delivery order number, if applicable;(C) Affected contract line item or subline item, if applicable; and(D) Contractor point of contact.(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.(6) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shallbear simple interest from the date due until paid unless paid within 30 days of becoming due. Theinterest rate shall be the interest rate established by the Secretary of the Treasury as providedin 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by theSecretary until the amount is paid.(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is dueunder the contract.(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211if--(A) The Contracting Officer and the Contractor are unable to reach agreement on the existenceor amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officerwithin the timeline specified in the demand for payment unless the amounts were not repaid because theContractor has requested an installment payment agreement; or(C) The Contractor requests a deferment of collection on a debt previously demanded by theContracting Officer (see 32.607-2).(iv) If a demand for payment was previously issued for the debt, the demand for payment includedin the final decision shall identify the same due date as the original demand for payment.(v) Amounts shall be due at the earliest of the following dates:(A) The date fixed under this contract.(B) The date of the first written demand for payment, including any demand for paymentresulting from a default termination.(vi) The interest charge shall be computed for the actual number of calendar days involvedbeginning on the due date and ending on--(A) The date on which the designated office receives payment from the Contractor;(B) The date of issuance of a Government check to the Contractor from which an amount otherwisepayable has been withheld as a credit against the contract debt; or(C) The date on which an amount withheld and applied to the contract debt would otherwise havebecome payable to the Contractor.(vii) The interest charge made under this clause may be reduced under the procedures prescribedin 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to thesupplies provided under this contract shall remain with the Contractor until, and shall pass to theGovernment upon:(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or(2) Delivery of the supplies to the Government at the destination specified in the contract, iftransportation is f.o.b. destination.(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.(l) Termination for the Government`s convenience. The Government reserves the right to terminatethis contract, or any part hereof, for its sole convenience. In the event of such termination, theContractor shall immediately stop all work hereunder and shall immediately cause any and all of itssuppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractorshall be paid a percentage of the contract price reflecting the percentage of the work performedprior to the notice of termination, plus reasonable charges the Contractor can demonstrate to thesatisfaction of the Government using its standard record keeping system, have resulted from thetermination. The Contractor shall not be required to comply with the cost accounting standards orcontract cost principles for this purpose. This paragraph does not give the Government any rightto audit the Contractor`s records. The Contractor shall not be paid for any work performed or costsincurred which reasonably could have been avoided.(m) Termination for cause. The Government may terminate this contract, or any part hereof, for causein the event of any default by the Contractor, or if the Contractor fails to comply with any contractterms and conditions, or fails to provide the Government, upon request, with adequate assurancesof future performance. In the event of termination for cause, the Government shall not be liable tothe Contractor for any amount for supplies or services not accepted, and the Contractor shall beliable to the Government for any and all rights and remedies provided by law. If it is determined thatthe Government improperly terminated this contract for default, such termination shall be deemed atermination for convenience.(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contractshall pa ss to the Government upon acceptance, regardless of when or where the Government takesphysical possession.(o) Warranty. The Contractor warrants and implies that the items delivered here under are merchantableand fit for use for the particular purpose described in this contract.(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor willnot be liable to the Government for consequential damages resulting from any defect or deficiencies inaccepted items.(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws,executive orders, rules and regulations applicable to its performance under this contract.(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federalcontracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract WorkHours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21relating to procurement integrity.(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved bygiving precedence in the following order:(1) The schedule of supplies/services.(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique toGovernment Contracts, and Unauthorized Obligations paragraphs of this clause; (3) The clause at 52.212-5.(4) Addenda to this solicitation or contract, including any license agreements for computersoftware.(5) Solicitation provisions if this is a solicitation.(6) Other paragraphs of this clause.(7) The Standard Form 1449.(8) Other documents, exhibits, and attachments.(9) The specification.(t) System for Award Management (SAM).(1) Unless exempted by an addendum to this contract, the Contractor is responsible duringperformance and through final payment of any contract for the accuracy and completeness of the datawithin the SAM database, and for any liability resulting from the Government`s reliance on inaccurateor incomplete data. To remain registered in the SAM database after the initial registration, theContractor is required to review and update on an annual basis from the date of initial registrationor subsequent updates its information in the SAM database to ensure it is current, accurate andcomplete. Updating information in the SAM does not alter the terms and conditions of this contract andis not a substitute for a properly executed contractual document.(2)(i) If a Contractor has legally changed its business name,doing business as name, or divisionname (whichever is shown on the contract), or has transferred the assets used in performing thecontract, but has not completed the necessary requirements regarding novation and change-of-nameagreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer aminimum of one business day`s written notification of its intention to(A) change the name in the SAM database;(B) comply with the requirements of Subpart 42.12; and(C) agree in writing to the timeline and procedures specified by the responsible ContractingOfficer. The Contractor must provide with the notification sufficient documentation to support thelegally changed name.(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of thisclause, orfails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in theabsence of a properly executed novation or change-of-name agreement,the SAM information that showsthe Contractor to be other than the Contractor indicated in the contract will be considered to beincorrect information within the meaning of the Suspension of Payment paragraph of the electronic fundstransfer (EFT) clause of this contract.(3) The Contractor shall not change the name or address for EFT payments or manual payments, asappropriate, in theSAM record to reflect an assignee for the purpose of assignment of claims (seeSubpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.Information provided to the Contractor`s SAM record that indicates payments, including those made byEFT, to an ultimate recipient other than that Contractor will be considered to be incorrect informationwithin the meaning of the Suspension of payment paragraph of the EFT clause of this contract.(4) Offerors and Contractors may obtain information on registration and annual confirmationrequirements via SAM accessed through https://www.acquisition.gov.(u) Unauthorized Obligations.(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired underthis contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similarlegal instrument or agreement, that includes any clause requiring the Government to indemnify theContractor or any person or entity for damages, costs, fees, or any other loss or liability that wouldcreate an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:(i) Any such clause is unenforceable against the Government.(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreedto such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree`` click boxor other comparable mechanism (e.g., ``click-wrap`` or ``browse-wrap`` agreements), execution does notbind the Government or any Government authorized end user to such clause.(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument oragreement.(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that isexpressly authorized by statute and specifically authorized under applicable agency regulations andprocedures.(v)Incorporation by reference. The Contractor`s representations and certifications, including thosecompleted electronically via the System for Award Management (SAM), are incorporated by reference intothe contract.(End of Clause). 8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016) (a) The Contractor shall comply with the following Federal AcquisitionRegulation (FAR) clause, which is incorporated in this contract byreference, to implement provisions of law or Executive orders applicableto acquisitions of commercial items:(1) 52.209-10, Prohibition on Contracting with Inverted DomesticCorporations (Nov 2015).(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 inthis contract by reference to implement provisions of law or Executiveorders applicable to acquisitions of commercial items:(1) 52.203-6, Restrictions on Subcontractor Sales to theGovernment (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and10 U.S.C. 2402).(2) 52.203-13, Contractor Code of Business Ethics and Conduct(Oct 2015) (41 U.S.C. 3509).(3) 52.203-15, Whistleblower Protections Under the AmericanRecovery L. 111-5). (Applies to contracts funded by the AmericanRecovery and Reinvestment Act of 2009.)(4) 52.204-10, Reporting Executive Compensation and First-TierSubcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101note).(5) [Reserved](6) 52.204-14, Service Contract Reporting Requirements (JAN2014) (Pub. L. 111-117, section 743 of Div. C).(7) 52.204-15, Service Contract Reporting Requirements forIndefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section743 of Div. C).(8) 52.209-6, Protecting the Government`s Interest WhenSubcontracting with Contractors Debarred, Suspended, or Proposed forDebarment. (Oct 2015) (31 U.S.C. 6101 note).(9) 52.209-9, Updates of Publicly Available InformationRegarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).(10) [Reserved](11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-SourceAward (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 forHUBZone Small Business Concerns (OCT 2014) (if the offeror elects towaive 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)XX (i) 52.219-6, Notice of Total Small Business Set-Aside(Nov 2011) (15 U.S.C. 644).(ii) Alternate I (Nov 2011) of 52.219-6.(iii) Alternate II (Nov 2011) of 52.219-6.(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside(Jun 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 (OCT2014) (15 U.S.C. 637(d)(2) and (3)).(17)(i) 52.219-9, Small Business Subcontracting Plan (Oct2015) (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 2015) of 52.219-9.XX (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15U.S.C. 644(r)). (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15U.S.C. 637(a)(14)).(20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan1999)(15 U.S.C. 637(d)(4)(F)(i)).(21) 52.219-27, Notice of Service-Disabled Veteran-OwnedSmall Business Set-Aside (Nov 2011) (15 U.S.C. 657f).XX (22) 52.219-28, Post Award Small Business ProgramRerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).(23) 52.219-29, Notice of Set-Aside for, or Sole Source Awardto, 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 Awardto, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).XX (26) 52.222-19, Child Labor--Cooperation with Authorities andRemedies (FEB 2016) (E.O. 13126).XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr2015).XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38U.S.C. 4212).XX (30) 52.222-36, Equal Opportunity for Workers withDisabilities (Jul 2014) (29 U.S.C. 793).(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C. 4212).(32) 52.222-40, Notification of Employee Rights Under theNational Labor Relations Act (Dec 2010) (E.O. 13496).XX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2,2015) (22 U.S.C. chapter 78 and E.O. 13627).(ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C.chapter 7 and E.O. 13627).(34) 52.222-54, Employment Eligibility Verification (Oct2015). (E. O. 12989). (Not applicable to the acquisition ofcommercially available off-the-shelf items or certain other types ofcommercial items as prescribed in 22.1803.)(35) (i) 52.223-9, Estimate of Percentage of RecoveredMaterial Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commerciallyavailable 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 availableoff-the-shelf items.)(36) (i) 52.223-13, Acquisition of EPEAT(R) -RegisteredImaging Equipment(Jun 2014) (E.O.s 13423 and 13514)(ii) Alternate I (Oct 2015) of 52.223-13.(37) (i) 52.223-14, Acquisition of EPEAT(R) -RegisteredTelevision (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-ConsumingProducts(Dec 2007) (42 U.S.C. 8259b).(39) (i) 52.223-16, Acquisition of EPEAT(R)-RegisteredPersonal Computer Products (OCT 2015) (E.O.s 13423 and 13514).(ii) Alternate I (Jun 2014) of 52.223-16.XX (40) 52.223-18, Encouraging Contractor Policies to Ban TextMessaging while Driving (Aug 2011) (E.O. 13513).XX (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C.chapter 83).(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. 3301note, 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 (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).XX (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun2008) (E.O.`s, proclamations, and statutes administered by the Officeof Foreign Assets Control of the Department of the Treasury).(45) 52.225-26, Contractors Performing Private SecurityFunctions Outside the United States (Jul 2013) (Section 862, asamended, of the National Defense Authorization Act for Fiscal Year2008; 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 Disasteror Emergency Area (Nov 2007) (42 U.S.C. 5150).(48) 52.232-29, Terms for Financing of Purchases of CommercialItems(Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).(49) 52.232-30, Installment Payments for Commercial Items (Oct1995)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).XX (50) 52.232-33, Payment by Electronic Funds Transfer - Systemfor Award Management (Jul 2013) (31 U.S.C. 3332).(51) 52.232-34, Payment by Electronic Funds Transfer - OtherThan 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) (5U.S.C. 552a).(54) (i) 52.247-64, Preference for Privately Owned U.S.-FlagCommercial 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 hasindicated as being incorporated in this contract by reference toimplement provisions of law or Executive orders applicable toacquisitions 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) (41U.S.C. chapter 67).(3) 52.222-42, Statement of Equivalent Rates for FederalHires(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).(4) 52.222-43, Fair Labor Standards Act and Service ContractLabor --Price Adjustment (Multiple Year and Option Contracts)(MAY2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).(5)52.222-44, Fair Labor Standards Act and Service ContractLabor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41U.S.C. chapter 67).(6)52.222-51, Exemption from Application of the ServiceContract 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 ServiceContract 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 (DEC2015).(9) 52.226-6, Promoting Excess Food Donation to NonprofitOrganizations (MAY 2014) (42 U.S.C. 1792).(10) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(31 U.S.C. 5112(p)(1)).(d) Comptroller General Examination of Record. The Contractor shallcomply with the provisions of this paragraph (d) if this contract wasawarded using other than sealed bid, is in excess ofthe simplifiedacquisition threshold, and does not contain the clause at 52.215-2, Auditand Records-Negotiation.(1) The Comptroller General of the United States, or an authorizedrepresentative of the Comptroller General, shall have access to andright to examine any of the Contractor`s directly pertinent recordsinvolving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonabletimes the records, materials, and other evidence for examination,audit, or reproduction, until 3years after final payment under thiscontract or for any shorter period specified in FAR Subpart 4.7,Contractor Records Retention, of the other clauses of this contract.Ifthis contract is completely or partially terminated, the recordsrelating to the work terminated shall be made available for 3 yearsafter any resulting final termination settlement. Records relating toappeals under the disputes clause or to litigation or the settlementof claims arising under or relating to this contract shall be madeavailable until such appeals, litigation, or claims are finallyresolved.(3) As used in this clause, records include books, documents,accountingprocedures and practices, and other data, regardless of type andregardless of form. This does not require the Contractor to create ormaintain any record that the Contractor does not maintain in theordinary 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 toflow down any FAR clause,other than those in this paragraph (e)(1)in asubcontract for commercial items. Unless otherwise indicated below, theextent of the flow down shall be as required by the clause--(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct2015) (41 U.S.C. 3509).(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15U.S.C. 637(d)(2) and (3)), in all subcontracts that offer furthersubcontracting opportunities. If the subcontract (except subcontractsto small business concerns) exceeds $700,000 ($1.5 million forconstruction of any public facility), the subcontractor must include52.219-8 in lower tier subcontracts that offer subcontractingopportunities.(iii)52.222-17, Non displacement of Qualified Workers (MAY 2014) (E.O.13495). Flow down required in accordance with paragraph (l) of FARclause 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 (Oct 2015) (38 U.S.C.4212).(vii) 52.222-36, Equal Opportunity for Workers with Disabilities(Jul2014) (29 U.S.C. 793).(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C. 4212).(ix) 52.222-40, Notification of Employee Rights Under the NationalLabor Relations Act (Dec 2010) (E.O. 13496). Flow down required inaccordance 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 (March 2, 2015)(22 U.S.C. chapter 78 and E.O. 13627).(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).(xii) 52.222-51, Exemption from Application of the Service ContractLabor Standards to Contracts for Maintenance, Calibration, or Repairof Certain Equipment--Requirements (May 2014) 41 U.S.C. chapter 67.)(xiii) 52.222-53, Exemption from Application of the Service ContractLabor Standards to Contracts for Certain Services--Requirements (May2014) (41 U.S.C. chapter 67)(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC2015).(xvi) 52.225-26, Contractors Performing Private Security FunctionsOutside the United States (Jul 2013) (Section 862, as amended, of theNational 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 inaccordance with paragraph (e) of FAR clause 52.226-6.(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag CommercialVessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow downrequired in accordance with paragraph (d) of FAR clause 52.247-64.(2) While not required, the Contractor may include in its subcontractsfor commercial items a minimal number of additional clauses necessaryto satisfy its contractual obligations.(End of Clause). 9 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)The Government may increase the quantity of supplies called for in the Schedule at the unit pricespecified. The Contracting Officer may exercise the option by written notice to the Contractorwithin 10 days Delivery of the added items shall continue at the same rate as the like items calledfor under the contract, unless the parties otherwise agree.(End of Clause). 10 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)(a) "Definition." "Ozone-depleting substance," as used in this clause, means any substance theEnvironmental Protection Agency designates in 40 CFR part 82 as--(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, andmethyl chloroform; or(2) Class II, including, but not limited to, hydrochlorofluorocarbons.(b) The Contractor shall label products which contain or are manufactured with ozone-depletingsubstances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFRpart 82, Subpart E, as follows:WarningContains (or manufactured with, if applicable) +_______, a substance(s) which harm(s) public healthand environment by destroying ozone in the upper atmosphere.+ The Contractor shall insert the name of the substance(s).(End of Clause). 11 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired underthis contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similarlegal instrument or agreement, that includes any clause requiring the Government to indemnify theContractor or any person or entity for damages, costs, fees, or any other loss or liability thatwould create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:(1) Any such clause is unenforceable against the Government.(2) Neither the Government nor any Government authorized end user shall be deemed to have agreedto such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.If the EULA, TOS, or similar legal instrument or agreement is invoked through an `I agree` click boxor other comparable mechanism (e.g., `click-wrap` or `browse-wrap` agreements), execution does notbind the Government or any Government authorized end user to such clause.(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument oragreement.(b) Paragraph (a) of this clause does not apply to indemnification by the Government that isexpressly authorized by statute and specifically authorized under applicable agency regulations andprocedures. (End of clause). 12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect asif they were given in full text. Upon request, the Contracting Officer will make their full textavailable. Also, the full text of a clause may be accessed electronically at this/these address(es):(End of Clause). 13 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the dateof the clause.(b) The use in this solicitation or contract of any CAR and FAR (48 CFR clause with an authorizeddeviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.(End of Clause). 14 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)(a) The Contracting Officer or the duly authorized representative will accept supplies and servicesto be provided under this contract. (b) The place of acceptance will be:(End of clause). 15 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNALCONFIDENTIALITY AGREEMENTS (FEB 2015)(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste,or abuse to sign or comply with internal confidentiality agreements or statements prohibiting orotherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud,or abuse to a designated investigative or law enforcement representative of a Federal department oragency authorized to receive such information.(b) The contractor shall notify employees that the prohibitions and restrictions of any internalconfidentiality agreements covered by this clause are no longer in effect.(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable toStandard Form 312, Form 4414, or any other form issued by a Federal department or agency governing thenondisclosure of classified information.(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and FurtherContinuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (orotherwise made available) under that or any other Act may be prohibited, if the Government determinesthat the Contractor is not in compliance with the provisions of this clause.(2) The Government may seek any available remedies in the event the Contractor fails to comply with theprovisions of this clause.(End of clause). 16 SAM.GOV 52.204-99 -- System for Award Management Registration (DEVIATION)Except for awards where the Govemment wide purchase card (GPC) is used as the method of payment,contracting officers shall include the attached clause 52.204-99, System for Award ManagementRegistration, in lieu of FAR clause 52.204-7, Central Contractor Registration, and DF ARS252.204-7004, Alternate A, Central Contractor Registration.System for Award Management Registration (August 2012) (DEVIATION)(a) Definitions. As used in this clause-"Central Contractor Registration (CCR) database" means the retired primary Government repository forContractor information required for the conduct of business with the Government."Commercial and Government Entity (CAGE) code" means-(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify acommercial or Government entity; or(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records andmaintains in the CAGE master file. This type of code is known as an "NCAGE code.""Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun andBradstreet, Inc. (D&B) to identify unique business entities."Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned byD&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation withthis 4-character suffix.) This 4-character suffix may be assigned at the discretion of the businessconcern to establish additional SAM records for identifying alternative Electronic Funds Transfer(EFT) accounts (see the FAR at Subpart 32.11) for the same concern."Registered in the SAM database" means that-(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4number, into the SAM database;(2) The Contractor's CAGE code is in the SAM database; and(3) The Government has validated all mandatory data fields, to include validation of the TaxpayerIdentification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record"Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4validation to the Government as a part of the SAM registration process."System for Award Management (SAM)" means the primary Government repository for prospective federalawardee information and the centralized Government system for certain contracting, grants, and otherassistance related processes. It includes-(1) Data collected from prospective federal awardees required for the conduct of business with theGovernment;(2) Prospective contractor submitted annual representations and certifications in accordance with FARSubpart 4.12; and(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, orexcluded or disqualified under the non procurement common rule by agencies, Government corporations ,or by the Government Accountability Office.(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and throughfinal payment of any contract, basic agreement, basic ordering agreement, or blanket purchasingagreement resulting from this solicitation.(2) The SAM registration shall be for the same name and address identified on the contract, with itsassociated CAGE code and DUNS or DUNS+4.(3) If indicated by the Government during performance, registration in an alternate system may berequired in lieu of SAM.(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly toobtain one.(1) A contractor may obtain a DUNS number-(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internetaccess, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. Thecontractor should indicate that it is a contractor for a U.S. Government contract when contacting thelocal Dun and Bradstreet office.(2) The Contractor should be prepared to provide the following information:(i) Company legal business name.(ii) Trade style, doing business, or other name by which your entity is commonly recognized.(iii) Company physical street address, city, state and Zip Code.(iv) Company mailing address, city, state and Zip Code (if separate from physical).(v) Company telephone number.(vi) Date the company was started.(vii) Number of employees at your location.(viii) Chief executive officer/key manager.(ix) Line of business (industry).(x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved.(e) Processing time for registration in SAM, which normally takes five business days, should be takeninto consideration when registering. Contractors who are not already registered should considerapplying for registration at least two weeks prior to invoicing.(f) The Contractor is responsible for the accuracy and completeness of the data within the SAMdatabase, and for any liability resulting from the Government's reliance on inaccurate or incompletedata. To remain registered in the SAM database after the initial registration, the Contractor isrequired to review and update on an annual basis from the date of initial registration or subsequentupdates its information in the SAM database to ensure it is current, accurate and complete. Updatinginformation in the SAM does not alter the terms and conditions of this contract and is not asubstitute for a properly executed contractual document.(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name(whichever is shown on the contract), or has transferred the assets used in performing the contract,but has not completed the necessary requirements regarding novation and change-of-name agreementsin Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficientdocumentation to support the legally changed name with a minimum of one business day's writtennotification of its intention to-(A) Change the name in the SAM database;(B) Comply with the requirements of subpart 42.12 of the FAR; and(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause,or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absenceof a properly executed novation or change-of-name agreement, the SAM information that shows theContractor to be other than the Contractor indicated in the contract will be considered to beincorrect information within the meaning of the "Suspension of Payment" paragraph of the electronicfunds transfer (EFT) clause of this contract.(2) The Contractor shall not change the name or address for EFT payments or manual payments, asappropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (seeFAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.Information provided to the Contractor's SAM record that indicates payments, including those madeby EFT, to an ultimate recipient other than that Contractor will be considered to be incorrectinformation within the meaning of the "Suspension of payment" paragraph of the EFT clause of thiscontract.

COMBINED SYNOPSIS/SOLICITATION Purchase Electronic Interconnection Cables and Connectors

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published June 1, 2016  -  Deadline June 9, 2016
cpvs

ORIGIN (FEB 2006)(Reference 52.247-29). 4 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)(Reference 1352.201-70). 5 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)(Reference 1352.209-73). 6 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)(Reference 1352.209-74). 7 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conformto the requirements of this contract. The Government reserves the right to inspect or test any suppliesor services that have been tendered for acceptance. The Government may require repair or replacementof nonconforming supplies or reperformance of nonconforming services at no increase in contract price.If repair/replacement or reperformance will not correct the defects or is not possible, the Governmentmay seek an equitable price reduction or adequate consideration for acceptance of nonconforming suppliesor services. The Government must exercise its post-acceptance rights--(1) Within a reasonable time after the defect was discovered or should have been discovered; and(2) Before any substantial change occurs in the condition of the item, unless the change is due tothe defect in the item.(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as aresult of performance of this contract to a bank, trust company, or other financing institution,including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).However, when a third party makes payment (e.g., use of the Government wide commercial purchase card),the Contractor may not assign its rights to receive payment under this contract.(c) Changes. Changes in the terms and conditions of this contract may be made only by writtenagreement of the parties.(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contracts Disputes, as amended(41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request forequitable adjustment, claim, appeal or action arising under or relating to this contract shall be adispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporatedherein by reference. The Contractor shall proceed diligently with performance of this contract,pending final resolution of any dispute arising under the contract.(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused byan occurrence beyond the reasonable control of the Contractor and without its fault or negligence suchas, acts of God or the public enemy, acts of the Government in either its sovereign or contractualcapacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, anddelays of common carriers. The Contractor shall notify the Contracting Officer in writing as soonas it is reasonably possible after the commencement of any excusable delay, setting forth the fullparticulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, andshall promptly give written notice to the Contracting Officer of the cessation of such occurrence.(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, ifauthorized) to the address designated in the contract to receive invoices. An invoice must include--(i) Name and address of the Contractor;(ii) Invoice date and number;(iii) Contract number, contract line item number and, if applicable, the order number;(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;(v) Shipping number and date of shipment, including the bill of lading number and weight ofshipment if shipped on Government bill of lading;(vi) Terms of any discount for prompt payment offered;(vii) Name and address of official to whom payment is to be sent;(viii) Name, title, and phone number of person to notify in event of defective invoice; and(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoiceonly if required elsewhere in this contract.(x) Electronic funds transfer (EFT) banking information.(A) The Contractor shall include EFT banking information on the invoice only if requiredelsewhere in this contract.(B) If EFT banking information is not required to be on the invoice, in order for the invoiceto be a proper invoice, the Contractor shall have submitted correct EFT banking information inaccordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Paymentby Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic FundsTransfer-Other Than System for Award Management), or applicable agency procedures.(C) EFT banking information is not required if the Government waived the requirement to pay byEFT.(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Officeof Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees andagents against liability, including costs, for actual or alleged direct or contributory infringementof, or inducement to infringe, any United States or foreign patent, trademark or copyright, arisingout of the performance of this contract, provided the Contractor is reasonably notified of such claimsand proceedings.(i) Payment.--(1) Items accepted. Payment shall be made for items accepted by the Government that have beendelivered to the delivery destinations set forth in this contract.(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) forthe appropriate EFT clause.(4) Discount. In connection with any discount offered for early payment, time shall be computedfrom the date of the invoice. For the purpose of computing the discount earned, payment shall beconsidered to have been made on the date which appears on the payment check or the specified paymentdate if an electronic funds transfer payment is made.(5) Over payments. If the Contractor becomes aware of a duplicate contract financing or invoicepayment or that the Government has otherwise overpaid on a contract financing or invoice payment, theContractor shall--(i) Remit the over payment amount to the payment office cited in the contract along with adescription of the over payment including the--(A) Circumstances of the over payment (e.g., duplicate payment, erroneous payment, liquidationerrors, date(s) of overpayment);(B) Affected contract number and delivery order number, if applicable;(C) Affected contract line item or subline item, if applicable; and(D) Contractor point of contact.(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.(6) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shallbear simple interest from the date due until paid unless paid within 30 days of becoming due. Theinterest rate shall be the interest rate established by the Secretary of the Treasury as providedin 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by theSecretary until the amount is paid.(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is dueunder the contract.(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211if--(A) The Contracting Officer and the Contractor are unable to reach agreement on the existenceor amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officerwithin the timeline specified in the demand for payment unless the amounts were not repaid because theContractor has requested an installment payment agreement; or(C) The Contractor requests a deferment of collection on a debt previously demanded by theContracting Officer (see 32.607-2).(iv) If a demand for payment was previously issued for the debt, the demand for payment includedin the final decision shall identify the same due date as the original demand for payment.(v) Amounts shall be due at the earliest of the following dates:(A) The date fixed under this contract.(B) The date of the first written demand for payment, including any demand for paymentresulting from a default termination.(vi) The interest charge shall be computed for the actual number of calendar days involvedbeginning on the due date and ending on--(A) The date on which the designated office receives payment from the Contractor;(B) The date of issuance of a Government check to the Contractor from which an amount otherwisepayable has been withheld as a credit against the contract debt; or(C) The date on which an amount withheld and applied to the contract debt would otherwise havebecome payable to the Contractor.(vii) The interest charge made under this clause may be reduced under the procedures prescribedin 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to thesupplies provided under this contract shall remain with the Contractor until, and shall pass to theGovernment upon:(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or(2) Delivery of the supplies to the Government at the destination specified in the contract, iftransportation is f.o.b. destination.(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.(l) Termination for the Government`s convenience. The Government reserves the right to terminatethis contract, or any part hereof, for its sole convenience. In the event of such termination, theContractor shall immediately stop all work hereunder and shall immediately cause any and all of itssuppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractorshall be paid a percentage of the contract price reflecting the percentage of the work performedprior to the notice of termination, plus reasonable charges the Contractor can demonstrate to thesatisfaction of the Government using its standard record keeping system, have resulted from thetermination. The Contractor shall not be required to comply with the cost accounting standards orcontract cost principles for this purpose. This paragraph does not give the Government any rightto audit the Contractor`s records. The Contractor shall not be paid for any work performed or costsincurred which reasonably could have been avoided.(m) Termination for cause. The Government may terminate this contract, or any part hereof, for causein the event of any default by the Contractor, or if the Contractor fails to comply with any contractterms and conditions, or fails to provide the Government, upon request, with adequate assurancesof future performance. In the event of termination for cause, the Government shall not be liable tothe Contractor for any amount for supplies or services not accepted, and the Contractor shall beliable to the Government for any and all rights and remedies provided by law. If it is determined thatthe Government improperly terminated this contract for default, such termination shall be deemed atermination for convenience.(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contractshall pa ss to the Government upon acceptance, regardless of when or where the Government takesphysical possession.(o) Warranty. The Contractor warrants and implies that the items delivered here under are merchantableand fit for use for the particular purpose described in this contract.(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor willnot be liable to the Government for consequential damages resulting from any defect or deficiencies inaccepted items.(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws,executive orders, rules and regulations applicable to its performance under this contract.(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federalcontracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract WorkHours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21relating to procurement integrity.(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved bygiving precedence in the following order:(1) The schedule of supplies/services.(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique toGovernment Contracts, and Unauthorized Obligations paragraphs of this clause; (3) The clause at 52.212-5.(4) Addenda to this solicitation or contract, including any license agreements for computersoftware.(5) Solicitation provisions if this is a solicitation.(6) Other paragraphs of this clause.(7) The Standard Form 1449.(8) Other documents, exhibits, and attachments.(9) The specification.(t) System for Award Management (SAM).(1) Unless exempted by an addendum to this contract, the Contractor is responsible duringperformance and through final payment of any contract for the accuracy and completeness of the datawithin the SAM database, and for any liability resulting from the Government`s reliance on inaccurateor incomplete data. To remain registered in the SAM database after the initial registration, theContractor is required to review and update on an annual basis from the date of initial registrationor subsequent updates its information in the SAM database to ensure it is current, accurate andcomplete. Updating information in the SAM does not alter the terms and conditions of this contract andis not a substitute for a properly executed contractual document.(2)(i) If a Contractor has legally changed its business name,doing business as name, or divisionname (whichever is shown on the contract), or has transferred the assets used in performing thecontract, but has not completed the necessary requirements regarding novation and change-of-nameagreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer aminimum of one business day`s written notification of its intention to(A) change the name in the SAM database;(B) comply with the requirements of Subpart 42.12; and(C) agree in writing to the timeline and procedures specified by the responsible ContractingOfficer. The Contractor must provide with the notification sufficient documentation to support thelegally changed name.(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of thisclause, orfails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in theabsence of a properly executed novation or change-of-name agreement,the SAM information that showsthe Contractor to be other than the Contractor indicated in the contract will be considered to beincorrect information within the meaning of the Suspension of Payment paragraph of the electronic fundstransfer (EFT) clause of this contract.(3) The Contractor shall not change the name or address for EFT payments or manual payments, asappropriate, in theSAM record to reflect an assignee for the purpose of assignment of claims (seeSubpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.Information provided to the Contractor`s SAM record that indicates payments, including those made byEFT, to an ultimate recipient other than that Contractor will be considered to be incorrect informationwithin the meaning of the Suspension of payment paragraph of the EFT clause of this contract.(4) Offerors and Contractors may obtain information on registration and annual confirmationrequirements via SAM accessed through https://www.acquisition.gov.(u) Unauthorized Obligations.(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired underthis contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similarlegal instrument or agreement, that includes any clause requiring the Government to indemnify theContractor or any person or entity for damages, costs, fees, or any other loss or liability that wouldcreate an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:(i) Any such clause is unenforceable against the Government.(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreedto such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree`` click boxor other comparable mechanism (e.g., ``click-wrap`` or ``browse-wrap`` agreements), execution does notbind the Government or any Government authorized end user to such clause.(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument oragreement.(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that isexpressly authorized by statute and specifically authorized under applicable agency regulations andprocedures.(v)Incorporation by reference. The Contractor`s representations and certifications, including thosecompleted electronically via the System for Award Management (SAM), are incorporated by reference intothe contract.(End of Clause). 8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016) (a) The Contractor shall comply with the following Federal AcquisitionRegulation (FAR) clause, which is incorporated in this contract byreference, to implement provisions of law or Executive orders applicableto acquisitions of commercial items:(1) 52.209-10, Prohibition on Contracting with Inverted DomesticCorporations (Nov 2015).(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 inthis contract by reference to implement provisions of law or Executiveorders applicable to acquisitions of commercial items:(1) 52.203-6, Restrictions on Subcontractor Sales to theGovernment (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and10 U.S.C. 2402).(2) 52.203-13, Contractor Code of Business Ethics and Conduct(Oct 2015) (41 U.S.C. 3509).(3) 52.203-15, Whistleblower Protections Under the AmericanRecovery L. 111-5). (Applies to contracts funded by the AmericanRecovery and Reinvestment Act of 2009.)(4) 52.204-10, Reporting Executive Compensation and First-TierSubcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101note).(5) [Reserved](6) 52.204-14, Service Contract Reporting Requirements (JAN2014) (Pub. L. 111-117, section 743 of Div. C).(7) 52.204-15, Service Contract Reporting Requirements forIndefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section743 of Div. C).(8) 52.209-6, Protecting the Government`s Interest WhenSubcontracting with Contractors Debarred, Suspended, or Proposed forDebarment. (Oct 2015) (31 U.S.C. 6101 note).(9) 52.209-9, Updates of Publicly Available InformationRegarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).(10) [Reserved](11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-SourceAward (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 forHUBZone Small Business Concerns (OCT 2014) (if the offeror elects towaive 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)XX (i) 52.219-6, Notice of Total Small Business Set-Aside(Nov 2011) (15 U.S.C. 644).(ii) Alternate I (Nov 2011) of 52.219-6.(iii) Alternate II (Nov 2011) of 52.219-6.(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside(Jun 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 (OCT2014) (15 U.S.C. 637(d)(2) and (3)).(17)(i) 52.219-9, Small Business Subcontracting Plan (Oct2015) (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 2015) of 52.219-9.XX (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15U.S.C. 644(r)). (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15U.S.C. 637(a)(14)).(20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan1999)(15 U.S.C. 637(d)(4)(F)(i)).(21) 52.219-27, Notice of Service-Disabled Veteran-OwnedSmall Business Set-Aside (Nov 2011) (15 U.S.C. 657f).XX (22) 52.219-28, Post Award Small Business ProgramRerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).(23) 52.219-29, Notice of Set-Aside for, or Sole Source Awardto, 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 Awardto, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).XX (26) 52.222-19, Child Labor--Cooperation with Authorities andRemedies (FEB 2016) (E.O. 13126).XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr2015).XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38U.S.C. 4212).XX (30) 52.222-36, Equal Opportunity for Workers withDisabilities (Jul 2014) (29 U.S.C. 793).(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C. 4212).(32) 52.222-40, Notification of Employee Rights Under theNational Labor Relations Act (Dec 2010) (E.O. 13496).XX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2,2015) (22 U.S.C. chapter 78 and E.O. 13627).(ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C.chapter 7 and E.O. 13627).(34) 52.222-54, Employment Eligibility Verification (Oct2015). (E. O. 12989). (Not applicable to the acquisition ofcommercially available off-the-shelf items or certain other types ofcommercial items as prescribed in 22.1803.)(35) (i) 52.223-9, Estimate of Percentage of RecoveredMaterial Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commerciallyavailable 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 availableoff-the-shelf items.)(36) (i) 52.223-13, Acquisition of EPEAT(R) -RegisteredImaging Equipment(Jun 2014) (E.O.s 13423 and 13514)(ii) Alternate I (Oct 2015) of 52.223-13.(37) (i) 52.223-14, Acquisition of EPEAT(R) -RegisteredTelevision (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-ConsumingProducts(Dec 2007) (42 U.S.C. 8259b).(39) (i) 52.223-16, Acquisition of EPEAT(R)-RegisteredPersonal Computer Products (OCT 2015) (E.O.s 13423 and 13514).(ii) Alternate I (Jun 2014) of 52.223-16.XX (40) 52.223-18, Encouraging Contractor Policies to Ban TextMessaging while Driving (Aug 2011) (E.O. 13513).XX (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C.chapter 83).(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. 3301note, 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 (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).XX (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun2008) (E.O.`s, proclamations, and statutes administered by the Officeof Foreign Assets Control of the Department of the Treasury).(45) 52.225-26, Contractors Performing Private SecurityFunctions Outside the United States (Jul 2013) (Section 862, asamended, of the National Defense Authorization Act for Fiscal Year2008; 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 Disasteror Emergency Area (Nov 2007) (42 U.S.C. 5150).(48) 52.232-29, Terms for Financing of Purchases of CommercialItems(Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).(49) 52.232-30, Installment Payments for Commercial Items (Oct1995)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).XX (50) 52.232-33, Payment by Electronic Funds Transfer - Systemfor Award Management (Jul 2013) (31 U.S.C. 3332).(51) 52.232-34, Payment by Electronic Funds Transfer - OtherThan 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) (5U.S.C. 552a).(54) (i) 52.247-64, Preference for Privately Owned U.S.-FlagCommercial 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 hasindicated as being incorporated in this contract by reference toimplement provisions of law or Executive orders applicable toacquisitions 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) (41U.S.C. chapter 67).(3) 52.222-42, Statement of Equivalent Rates for FederalHires(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).(4) 52.222-43, Fair Labor Standards Act and Service ContractLabor --Price Adjustment (Multiple Year and Option Contracts)(MAY2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).(5)52.222-44, Fair Labor Standards Act and Service ContractLabor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41U.S.C. chapter 67).(6)52.222-51, Exemption from Application of the ServiceContract 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 ServiceContract 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 (DEC2015).(9) 52.226-6, Promoting Excess Food Donation to NonprofitOrganizations (MAY 2014) (42 U.S.C. 1792).(10) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(31 U.S.C. 5112(p)(1)).(d) Comptroller General Examination of Record. The Contractor shallcomply with the provisions of this paragraph (d) if this contract wasawarded using other than sealed bid, is in excess ofthe simplifiedacquisition threshold, and does not contain the clause at 52.215-2, Auditand Records-Negotiation.(1) The Comptroller General of the United States, or an authorizedrepresentative of the Comptroller General, shall have access to andright to examine any of the Contractor`s directly pertinent recordsinvolving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonabletimes the records, materials, and other evidence for examination,audit, or reproduction, until 3years after final payment under thiscontract or for any shorter period specified in FAR Subpart 4.7,Contractor Records Retention, of the other clauses of this contract.Ifthis contract is completely or partially terminated, the recordsrelating to the work terminated shall be made available for 3 yearsafter any resulting final termination settlement. Records relating toappeals under the disputes clause or to litigation or the settlementof claims arising under or relating to this contract shall be madeavailable until such appeals, litigation, or claims are finallyresolved.(3) As used in this clause, records include books, documents,accountingprocedures and practices, and other data, regardless of type andregardless of form. This does not require the Contractor to create ormaintain any record that the Contractor does not maintain in theordinary 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 toflow down any FAR clause,other than those in this paragraph (e)(1)in asubcontract for commercial items. Unless otherwise indicated below, theextent of the flow down shall be as required by the clause--(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct2015) (41 U.S.C. 3509).(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15U.S.C. 637(d)(2) and (3)), in all subcontracts that offer furthersubcontracting opportunities. If the subcontract (except subcontractsto small business concerns) exceeds $700,000 ($1.5 million forconstruction of any public facility), the subcontractor must include52.219-8 in lower tier subcontracts that offer subcontractingopportunities.(iii)52.222-17, Non displacement of Qualified Workers (MAY 2014) (E.O.13495). Flow down required in accordance with paragraph (l) of FARclause 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 (Oct 2015) (38 U.S.C.4212).(vii) 52.222-36, Equal Opportunity for Workers with Disabilities(Jul2014) (29 U.S.C. 793).(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C. 4212).(ix) 52.222-40, Notification of Employee Rights Under the NationalLabor Relations Act (Dec 2010) (E.O. 13496). Flow down required inaccordance 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 (March 2, 2015)(22 U.S.C. chapter 78 and E.O. 13627).(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).(xii) 52.222-51, Exemption from Application of the Service ContractLabor Standards to Contracts for Maintenance, Calibration, or Repairof Certain Equipment--Requirements (May 2014) 41 U.S.C. chapter 67.)(xiii) 52.222-53, Exemption from Application of the Service ContractLabor Standards to Contracts for Certain Services--Requirements (May2014) (41 U.S.C. chapter 67)(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC2015).(xvi) 52.225-26, Contractors Performing Private Security FunctionsOutside the United States (Jul 2013) (Section 862, as amended, of theNational 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 inaccordance with paragraph (e) of FAR clause 52.226-6.(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag CommercialVessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow downrequired in accordance with paragraph (d) of FAR clause 52.247-64.(2) While not required, the Contractor may include in its subcontractsfor commercial items a minimal number of additional clauses necessaryto satisfy its contractual obligations.(End of Clause). 9 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)The Government may increase the quantity of supplies called for in the Schedule at the unit pricespecified. The Contracting Officer may exercise the option by written notice to the Contractorwithin 10 days Delivery of the added items shall continue at the same rate as the like items calledfor under the contract, unless the parties otherwise agree.(End of Clause). 10 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)(a) "Definition." "Ozone-depleting substance," as used in this clause, means any substance theEnvironmental Protection Agency designates in 40 CFR part 82 as--(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, andmethyl chloroform; or(2) Class II, including, but not limited to, hydrochlorofluorocarbons.(b) The Contractor shall label products which contain or are manufactured with ozone-depletingsubstances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFRpart 82, Subpart E, as follows:WarningContains (or manufactured with, if applicable) +_______, a substance(s) which harm(s) public healthand environment by destroying ozone in the upper atmosphere.+ The Contractor shall insert the name of the substance(s).(End of Clause). 11 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired underthis contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similarlegal instrument or agreement, that includes any clause requiring the Government to indemnify theContractor or any person or entity for damages, costs, fees, or any other loss or liability thatwould create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:(1) Any such clause is unenforceable against the Government.(2) Neither the Government nor any Government authorized end user shall be deemed to have agreedto such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.If the EULA, TOS, or similar legal instrument or agreement is invoked through an `I agree` click boxor other comparable mechanism (e.g., `click-wrap` or `browse-wrap` agreements), execution does notbind the Government or any Government authorized end user to such clause.(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument oragreement.(b) Paragraph (a) of this clause does not apply to indemnification by the Government that isexpressly authorized by statute and specifically authorized under applicable agency regulations andprocedures. (End of clause). 12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect asif they were given in full text. Upon request, the Contracting Officer will make their full textavailable. Also, the full text of a clause may be accessed electronically at this/these address(es):(End of Clause). 13 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the dateof the clause.(b) The use in this solicitation or contract of any CAR and FAR (48 CFR clause with an authorizeddeviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.(End of Clause). 14 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)(a) The Contracting Officer or the duly authorized representative will accept supplies and servicesto be provided under this contract. (b) The place of acceptance will be:(End of clause). 15 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNALCONFIDENTIALITY AGREEMENTS (FEB 2015)(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste,or abuse to sign or comply with internal confidentiality agreements or statements prohibiting orotherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud,or abuse to a designated investigative or law enforcement representative of a Federal department oragency authorized to receive such information.(b) The contractor shall notify employees that the prohibitions and restrictions of any internalconfidentiality agreements covered by this clause are no longer in effect.(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable toStandard Form 312, Form 4414, or any other form issued by a Federal department or agency governing thenondisclosure of classified information.(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and FurtherContinuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (orotherwise made available) under that or any other Act may be prohibited, if the Government determinesthat the Contractor is not in compliance with the provisions of this clause.(2) The Government may seek any available remedies in the event the Contractor fails to comply with theprovisions of this clause.(End of clause). 16 SAM.GOV 52.204-99 -- System for Award Management Registration (DEVIATION)Except for awards where the Govemment wide purchase card (GPC) is used as the method of payment,contracting officers shall include the attached clause 52.204-99, System for Award ManagementRegistration, in lieu of FAR clause 52.204-7, Central Contractor Registration, and DF ARS252.204-7004, Alternate A, Central Contractor Registration.System for Award Management Registration (August 2012) (DEVIATION)(a) Definitions. As used in this clause-"Central Contractor Registration (CCR) database" means the retired primary Government repository forContractor information required for the conduct of business with the Government."Commercial and Government Entity (CAGE) code" means-(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify acommercial or Government entity; or(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records andmaintains in the CAGE master file. This type of code is known as an "NCAGE code.""Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun andBradstreet, Inc. (D&B) to identify unique business entities."Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned byD&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation withthis 4-character suffix.) This 4-character suffix may be assigned at the discretion of the businessconcern to establish additional SAM records for identifying alternative Electronic Funds Transfer(EFT) accounts (see the FAR at Subpart 32.11) for the same concern."Registered in the SAM database" means that-(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4number, into the SAM database;(2) The Contractor's CAGE code is in the SAM database; and(3) The Government has validated all mandatory data fields, to include validation of the TaxpayerIdentification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record"Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4validation to the Government as a part of the SAM registration process."System for Award Management (SAM)" means the primary Government repository for prospective federalawardee information and the centralized Government system for certain contracting, grants, and otherassistance related processes. It includes-(1) Data collected from prospective federal awardees required for the conduct of business with theGovernment;(2) Prospective contractor submitted annual representations and certifications in accordance with FARSubpart 4.12; and(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, orexcluded or disqualified under the non procurement common rule by agencies, Government corporations ,or by the Government Accountability Office.(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and throughfinal payment of any contract, basic agreement, basic ordering agreement, or blanket purchasingagreement resulting from this solicitation.(2) The SAM registration shall be for the same name and address identified on the contract, with itsassociated CAGE code and DUNS or DUNS+4.(3) If indicated by the Government during performance, registration in an alternate system may berequired in lieu of SAM.(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly toobtain one.(1) A contractor may obtain a DUNS number-(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internetaccess, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. Thecontractor should indicate that it is a contractor for a U.S. Government contract when contacting thelocal Dun and Bradstreet office.(2) The Contractor should be prepared to provide the following information:(i) Company legal business name.(ii) Trade style, doing business, or other name by which your entity is commonly recognized.(iii) Company physical street address, city, state and Zip Code.(iv) Company mailing address, city, state and Zip Code (if separate from physical).(v) Company telephone number.(vi) Date the company was started.(vii) Number of employees at your location.(viii) Chief executive officer/key manager.(ix) Line of business (industry).(x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved.(e) Processing time for registration in SAM, which normally takes five business days, should be takeninto consideration when registering. Contractors who are not already registered should considerapplying for registration at least two weeks prior to invoicing.(f) The Contractor is responsible for the accuracy and completeness of the data within the SAMdatabase, and for any liability resulting from the Government's reliance on inaccurate or incompletedata. To remain registered in the SAM database after the initial registration, the Contractor isrequired to review and update on an annual basis from the date of initial registration or subsequentupdates its information in the SAM database to ensure it is current, accurate and complete. Updatinginformation in the SAM does not alter the terms and conditions of this contract and is not asubstitute for a properly executed contractual document.(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name(whichever is shown on the contract), or has transferred the assets used in performing the contract,but has not completed the necessary requirements regarding novation and change-of-name agreementsin Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficientdocumentation to support the legally changed name with a minimum of one business day's writtennotification of its intention to-(A) Change the name in the SAM database;(B) Comply with the requirements of subpart 42.12 of the FAR; and(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause,or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absenceof a properly executed novation or change-of-name agreement, the SAM information that shows theContractor to be other than the Contractor indicated in the contract will be considered to beincorrect information within the meaning of the "Suspension of Payment" paragraph of the electronicfunds transfer (EFT) clause of this contract.(2) The Contractor shall not change the name or address for EFT payments or manual payments, asappropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (seeFAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.Information provided to the Contractor's SAM record that indicates payments, including those madeby EFT, to an ultimate recipient other than that Contractor will be considered to be incorrectinformation within the meaning of the "Suspension of payment" paragraph of the EFT clause of thiscontract.(h) Contractors may obtain information on registration and annual confirmation requirements via theSAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 forinternational calls.(End of Clause) Questions must be emailed to the attention of Ben Carlson. The email address is Ben.Carlson@noaa.gov , 206-526-4321.    

COMBINED SYNOPSIS/SOLICITATION Purchase Sunshine Pyranometers

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published May 25, 2016  -  Deadline June 10, 2016
cpvs

ORIGIN (FEB 2006)(Reference 52.247-29). 4 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)(Reference 1352.201-70). 5 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)(Reference 1352.209-73). 6 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)(Reference 1352.209-74). 7 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conformto the requirements of this contract. The Government reserves the right to inspect or test any suppliesor services that have been tendered for acceptance. The Government may require repair or replacementof nonconforming supplies or reperformance of nonconforming services at no increase in contract price.If repair/replacement or reperformance will not correct the defects or is not possible, the Governmentmay seek an equitable price reduction or adequate consideration for acceptance of nonconforming suppliesor services. The Government must exercise its post-acceptance rights--(1) Within a reasonable time after the defect was discovered or should have been discovered; and(2) Before any substantial change occurs in the condition of the item, unless the change is due tothe defect in the item.(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as aresult of performance of this contract to a bank, trust company, or other financing institution,including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).However, when a third party makes payment (e.g., use of the Government wide commercial purchase card),the Contractor may not assign its rights to receive payment under this contract.(c) Changes. Changes in the terms and conditions of this contract may be made only by writtenagreement of the parties.(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contracts Disputes, as amended(41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request forequitable adjustment, claim, appeal or action arising under or relating to this contract shall be adispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporatedherein by reference. The Contractor shall proceed diligently with performance of this contract,pending final resolution of any dispute arising under the contract.(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused byan occurrence beyond the reasonable control of the Contractor and without its fault or negligence suchas, acts of God or the public enemy, acts of the Government in either its sovereign or contractualcapacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, anddelays of common carriers. The Contractor shall notify the Contracting Officer in writing as soonas it is reasonably possible after the commencement of any excusable delay, setting forth the fullparticulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, andshall promptly give written notice to the Contracting Officer of the cessation of such occurrence.(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, ifauthorized) to the address designated in the contract to receive invoices. An invoice must include--(i) Name and address of the Contractor;(ii) Invoice date and number;(iii) Contract number, contract line item number and, if applicable, the order number;(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;(v) Shipping number and date of shipment, including the bill of lading number and weight ofshipment if shipped on Government bill of lading;(vi) Terms of any discount for prompt payment offered;(vii) Name and address of official to whom payment is to be sent;(viii) Name, title, and phone number of person to notify in event of defective invoice; and(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoiceonly if required elsewhere in this contract.(x) Electronic funds transfer (EFT) banking information.(A) The Contractor shall include EFT banking information on the invoice only if requiredelsewhere in this contract.(B) If EFT banking information is not required to be on the invoice, in order for the invoiceto be a proper invoice, the Contractor shall have submitted correct EFT banking information inaccordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Paymentby Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic FundsTransfer-Other Than System for Award Management), or applicable agency procedures.(C) EFT banking information is not required if the Government waived the requirement to pay byEFT.(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Officeof Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees andagents against liability, including costs, for actual or alleged direct or contributory infringementof, or inducement to infringe, any United States or foreign patent, trademark or copyright, arisingout of the performance of this contract, provided the Contractor is reasonably notified of such claimsand proceedings.(i) Payment.--(1) Items accepted. Payment shall be made for items accepted by the Government that have beendelivered to the delivery destinations set forth in this contract.(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) forthe appropriate EFT clause.(4) Discount. In connection with any discount offered for early payment, time shall be computedfrom the date of the invoice. For the purpose of computing the discount earned, payment shall beconsidered to have been made on the date which appears on the payment check or the specified paymentdate if an electronic funds transfer payment is made.(5) Over payments. If the Contractor becomes aware of a duplicate contract financing or invoicepayment or that the Government has otherwise overpaid on a contract financing or invoice payment, theContractor shall--(i) Remit the over payment amount to the payment office cited in the contract along with adescription of the over payment including the--(A) Circumstances of the over payment (e.g., duplicate payment, erroneous payment, liquidationerrors, date(s) of overpayment);(B) Affected contract number and delivery order number, if applicable;(C) Affected contract line item or subline item, if applicable; and(D) Contractor point of contact.(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.(6) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shallbear simple interest from the date due until paid unless paid within 30 days of becoming due. Theinterest rate shall be the interest rate established by the Secretary of the Treasury as providedin 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by theSecretary until the amount is paid.(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is dueunder the contract.(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211if--(A) The Contracting Officer and the Contractor are unable to reach agreement on the existenceor amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officerwithin the timeline specified in the demand for payment unless the amounts were not repaid because theContractor has requested an installment payment agreement; or(C) The Contractor requests a deferment of collection on a debt previously demanded by theContracting Officer (see 32.607-2).(iv) If a demand for payment was previously issued for the debt, the demand for payment includedin the final decision shall identify the same due date as the original demand for payment.(v) Amounts shall be due at the earliest of the following dates:(A) The date fixed under this contract.(B) The date of the first written demand for payment, including any demand for paymentresulting from a default termination.(vi) The interest charge shall be computed for the actual number of calendar days involvedbeginning on the due date and ending on--(A) The date on which the designated office receives payment from the Contractor;(B) The date of issuance of a Government check to the Contractor from which an amount otherwisepayable has been withheld as a credit against the contract debt; or(C) The date on which an amount withheld and applied to the contract debt would otherwise havebecome payable to the Contractor.(vii) The interest charge made under this clause may be reduced under the procedures prescribedin 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to thesupplies provided under this contract shall remain with the Contractor until, and shall pass to theGovernment upon:(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or(2) Delivery of the supplies to the Government at the destination specified in the contract, iftransportation is f.o.b. destination.(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.(l) Termination for the Government`s convenience. The Government reserves the right to terminatethis contract, or any part hereof, for its sole convenience. In the event of such termination, theContractor shall immediately stop all work hereunder and shall immediately cause any and all of itssuppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractorshall be paid a percentage of the contract price reflecting the percentage of the work performedprior to the notice of termination, plus reasonable charges the Contractor can demonstrate to thesatisfaction of the Government using its standard record keeping system, have resulted from thetermination. The Contractor shall not be required to comply with the cost accounting standards orcontract cost principles for this purpose. This paragraph does not give the Government any rightto audit the Contractor`s records. The Contractor shall not be paid for any work performed or costsincurred which reasonably could have been avoided.(m) Termination for cause. The Government may terminate this contract, or any part hereof, for causein the event of any default by the Contractor, or if the Contractor fails to comply with any contractterms and conditions, or fails to provide the Government, upon request, with adequate assurancesof future performance. In the event of termination for cause, the Government shall not be liable tothe Contractor for any amount for supplies or services not accepted, and the Contractor shall beliable to the Government for any and all rights and remedies provided by law. If it is determined thatthe Government improperly terminated this contract for default, such termination shall be deemed atermination for convenience.(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contractshall pa ss to the Government upon acceptance, regardless of when or where the Government takesphysical possession.(o) Warranty. The Contractor warrants and implies that the items delivered here under are merchantableand fit for use for the particular purpose described in this contract.(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor willnot be liable to the Government for consequential damages resulting from any defect or deficiencies inaccepted items.(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws,executive orders, rules and regulations applicable to its performance under this contract.(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federalcontracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract WorkHours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21relating to procurement integrity.(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved bygiving precedence in the following order:(1) The schedule of supplies/services.(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique toGovernment Contracts, and Unauthorized Obligations paragraphs of this clause; (3) The clause at 52.212-5.(4) Addenda to this solicitation or contract, including any license agreements for computersoftware.(5) Solicitation provisions if this is a solicitation.(6) Other paragraphs of this clause.(7) The Standard Form 1449.(8) Other documents, exhibits, and attachments.(9) The specification.(t) System for Award Management (SAM).(1) Unless exempted by an addendum to this contract, the Contractor is responsible duringperformance and through final payment of any contract for the accuracy and completeness of the datawithin the SAM database, and for any liability resulting from the Government`s reliance on inaccurateor incomplete data. To remain registered in the SAM database after the initial registration, theContractor is required to review and update on an annual basis from the date of initial registrationor subsequent updates its information in the SAM database to ensure it is current, accurate andcomplete. Updating information in the SAM does not alter the terms and conditions of this contract andis not a substitute for a properly executed contractual document.(2)(i) If a Contractor has legally changed its business name,doing business as name, or divisionname (whichever is shown on the contract), or has transferred the assets used in performing thecontract, but has not completed the necessary requirements regarding novation and change-of-nameagreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer aminimum of one business day`s written notification of its intention to(A) change the name in the SAM database;(B) comply with the requirements of Subpart 42.12; and(C) agree in writing to the timeline and procedures specified by the responsible ContractingOfficer. The Contractor must provide with the notification sufficient documentation to support thelegally changed name.(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of thisclause, orfails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in theabsence of a properly executed novation or change-of-name agreement,the SAM information that showsthe Contractor to be other than the Contractor indicated in the contract will be considered to beincorrect information within the meaning of the Suspension of Payment paragraph of the electronic fundstransfer (EFT) clause of this contract.(3) The Contractor shall not change the name or address for EFT payments or manual payments, asappropriate, in theSAM record to reflect an assignee for the purpose of assignment of claims (seeSubpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.Information provided to the Contractor`s SAM record that indicates payments, including those made byEFT, to an ultimate recipient other than that Contractor will be considered to be incorrect informationwithin the meaning of the Suspension of payment paragraph of the EFT clause of this contract.(4) Offerors and Contractors may obtain information on registration and annual confirmationrequirements via SAM accessed through https://www.acquisition.gov.(u) Unauthorized Obligations.(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired underthis contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similarlegal instrument or agreement, that includes any clause requiring the Government to indemnify theContractor or any person or entity for damages, costs, fees, or any other loss or liability that wouldcreate an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:(i) Any such clause is unenforceable against the Government.(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreedto such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree`` click boxor other comparable mechanism (e.g., ``click-wrap`` or ``browse-wrap`` agreements), execution does notbind the Government or any Government authorized end user to such clause.(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument oragreement.(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that isexpressly authorized by statute and specifically authorized under applicable agency regulations andprocedures.(v)Incorporation by reference. The Contractor`s representations and certifications, including thosecompleted electronically via the System for Award Management (SAM), are incorporated by reference intothe contract.(End of Clause). 8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016) (a) The Contractor shall comply with the following Federal AcquisitionRegulation (FAR) clause, which is incorporated in this contract byreference, to implement provisions of law or Executive orders applicableto acquisitions of commercial items:(1) 52.209-10, Prohibition on Contracting with Inverted DomesticCorporations (Nov 2015).(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 inthis contract by reference to implement provisions of law or Executiveorders applicable to acquisitions of commercial items:(1) 52.203-6, Restrictions on Subcontractor Sales to theGovernment (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and10 U.S.C. 2402).(2) 52.203-13, Contractor Code of Business Ethics and Conduct(Oct 2015) (41 U.S.C. 3509).(3) 52.203-15, Whistleblower Protections Under the AmericanRecovery L. 111-5). (Applies to contracts funded by the AmericanRecovery and Reinvestment Act of 2009.)(4) 52.204-10, Reporting Executive Compensation and First-TierSubcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101note).(5) [Reserved](6) 52.204-14, Service Contract Reporting Requirements (JAN2014) (Pub. L. 111-117, section 743 of Div. C).(7) 52.204-15, Service Contract Reporting Requirements forIndefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section743 of Div. C).(8) 52.209-6, Protecting the Government`s Interest WhenSubcontracting with Contractors Debarred, Suspended, or Proposed forDebarment. (Oct 2015) (31 U.S.C. 6101 note).(9) 52.209-9, Updates of Publicly Available InformationRegarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).(10) [Reserved](11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-SourceAward (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 forHUBZone Small Business Concerns (OCT 2014) (if the offeror elects towaive 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)XX (i) 52.219-6, Notice of Total Small Business Set-Aside(Nov 2011) (15 U.S.C. 644).(ii) Alternate I (Nov 2011) of 52.219-6.(iii) Alternate II (Nov 2011) of 52.219-6.(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside(Jun 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 (OCT2014) (15 U.S.C. 637(d)(2) and (3)).(17)(i) 52.219-9, Small Business Subcontracting Plan (Oct2015) (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 2015) of 52.219-9.XX (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15U.S.C. 644(r)). (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15U.S.C. 637(a)(14)).(20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan1999)(15 U.S.C. 637(d)(4)(F)(i)).(21) 52.219-27, Notice of Service-Disabled Veteran-OwnedSmall Business Set-Aside (Nov 2011) (15 U.S.C. 657f).XX (22) 52.219-28, Post Award Small Business ProgramRerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).(23) 52.219-29, Notice of Set-Aside for, or Sole Source Awardto, 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 Awardto, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).XX (26) 52.222-19, Child Labor--Cooperation with Authorities andRemedies (FEB 2016) (E.O. 13126).XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr2015).XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38U.S.C. 4212).XX (30) 52.222-36, Equal Opportunity for Workers withDisabilities (Jul 2014) (29 U.S.C. 793).(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C. 4212).(32) 52.222-40, Notification of Employee Rights Under theNational Labor Relations Act (Dec 2010) (E.O. 13496).XX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2,2015) (22 U.S.C. chapter 78 and E.O. 13627).(ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C.chapter 7 and E.O. 13627).(34) 52.222-54, Employment Eligibility Verification (Oct2015). (E. O. 12989). (Not applicable to the acquisition ofcommercially available off-the-shelf items or certain other types ofcommercial items as prescribed in 22.1803.)(35) (i) 52.223-9, Estimate of Percentage of RecoveredMaterial Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commerciallyavailable 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 availableoff-the-shelf items.)(36) (i) 52.223-13, Acquisition of EPEAT(R) -RegisteredImaging Equipment(Jun 2014) (E.O.s 13423 and 13514)(ii) Alternate I (Oct 2015) of 52.223-13.(37) (i) 52.223-14, Acquisition of EPEAT(R) -RegisteredTelevision (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-ConsumingProducts(Dec 2007) (42 U.S.C. 8259b).(39) (i) 52.223-16, Acquisition of EPEAT(R)-RegisteredPersonal Computer Products (OCT 2015) (E.O.s 13423 and 13514).(ii) Alternate I (Jun 2014) of 52.223-16.XX (40) 52.223-18, Encouraging Contractor Policies to Ban TextMessaging while Driving (Aug 2011) (E.O. 13513).XX (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C.chapter 83).(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. 3301note, 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 (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).XX (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun2008) (E.O.`s, proclamations, and statutes administered by the Officeof Foreign Assets Control of the Department of the Treasury).(45) 52.225-26, Contractors Performing Private SecurityFunctions Outside the United States (Jul 2013) (Section 862, asamended, of the National Defense Authorization Act for Fiscal Year2008; 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 Disasteror Emergency Area (Nov 2007) (42 U.S.C. 5150).(48) 52.232-29, Terms for Financing of Purchases of CommercialItems(Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).(49) 52.232-30, Installment Payments for Commercial Items (Oct1995)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).XX (50) 52.232-33, Payment by Electronic Funds Transfer - Systemfor Award Management (Jul 2013) (31 U.S.C. 3332).(51) 52.232-34, Payment by Electronic Funds Transfer - OtherThan 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) (5U.S.C. 552a).(54) (i) 52.247-64, Preference for Privately Owned U.S.-FlagCommercial 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 hasindicated as being incorporated in this contract by reference toimplement provisions of law or Executive orders applicable toacquisitions 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) (41U.S.C. chapter 67).(3) 52.222-42, Statement of Equivalent Rates for FederalHires(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).(4) 52.222-43, Fair Labor Standards Act and Service ContractLabor --Price Adjustment (Multiple Year and Option Contracts)(MAY2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).(5)52.222-44, Fair Labor Standards Act and Service ContractLabor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41U.S.C. chapter 67).(6)52.222-51, Exemption from Application of the ServiceContract 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 ServiceContract 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 (DEC2015).(9) 52.226-6, Promoting Excess Food Donation to NonprofitOrganizations (MAY 2014) (42 U.S.C. 1792).(10) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(31 U.S.C. 5112(p)(1)).(d) Comptroller General Examination of Record. The Contractor shallcomply with the provisions of this paragraph (d) if this contract wasawarded using other than sealed bid, is in excess ofthe simplifiedacquisition threshold, and does not contain the clause at 52.215-2, Auditand Records-Negotiation.(1) The Comptroller General of the United States, or an authorizedrepresentative of the Comptroller General, shall have access to andright to examine any of the Contractor`s directly pertinent recordsinvolving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonabletimes the records, materials, and other evidence for examination,audit, or reproduction, until 3years after final payment under thiscontract or for any shorter period specified in FAR Subpart 4.7,Contractor Records Retention, of the other clauses of this contract.Ifthis contract is completely or partially terminated, the recordsrelating to the work terminated shall be made available for 3 yearsafter any resulting final termination settlement. Records relating toappeals under the disputes clause or to litigation or the settlementof claims arising under or relating to this contract shall be madeavailable until such appeals, litigation, or claims are finallyresolved.(3) As used in this clause, records include books, documents,accountingprocedures and practices, and other data, regardless of type andregardless of form. This does not require the Contractor to create ormaintain any record that the Contractor does not maintain in theordinary 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 toflow down any FAR clause,other than those in this paragraph (e)(1)in asubcontract for commercial items. Unless otherwise indicated below, theextent of the flow down shall be as required by the clause--(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct2015) (41 U.S.C. 3509).(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15U.S.C. 637(d)(2) and (3)), in all subcontracts that offer furthersubcontracting opportunities. If the subcontract (except subcontractsto small business concerns) exceeds $700,000 ($1.5 million forconstruction of any public facility), the subcontractor must include52.219-8 in lower tier subcontracts that offer subcontractingopportunities.(iii)52.222-17, Non displacement of Qualified Workers (MAY 2014) (E.O.13495). Flow down required in accordance with paragraph (l) of FARclause 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 (Oct 2015) (38 U.S.C.4212).(vii) 52.222-36, Equal Opportunity for Workers with Disabilities(Jul2014) (29 U.S.C. 793).(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C. 4212).(ix) 52.222-40, Notification of Employee Rights Under the NationalLabor Relations Act (Dec 2010) (E.O. 13496). Flow down required inaccordance 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 (March 2, 2015)(22 U.S.C. chapter 78 and E.O. 13627).(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).(xii) 52.222-51, Exemption from Application of the Service ContractLabor Standards to Contracts for Maintenance, Calibration, or Repairof Certain Equipment--Requirements (May 2014) 41 U.S.C. chapter 67.)(xiii) 52.222-53, Exemption from Application of the Service ContractLabor Standards to Contracts for Certain Services--Requirements (May2014) (41 U.S.C. chapter 67)(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC2015).(xvi) 52.225-26, Contractors Performing Private Security FunctionsOutside the United States (Jul 2013) (Section 862, as amended, of theNational 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 inaccordance with paragraph (e) of FAR clause 52.226-6.(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag CommercialVessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow downrequired in accordance with paragraph (d) of FAR clause 52.247-64.(2) While not required, the Contractor may include in its subcontractsfor commercial items a minimal number of additional clauses necessaryto satisfy its contractual obligations.(End of Clause). 9 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)The Government may increase the quantity of supplies called for in the Schedule at the unit pricespecified. The Contracting Officer may exercise the option by written notice to the Contractorwithin 10 days Delivery of the added items shall continue at the same rate as the like items calledfor under the contract, unless the parties otherwise agree.(End of Clause). 10 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)(a) "Definition." "Ozone-depleting substance," as used in this clause, means any substance theEnvironmental Protection Agency designates in 40 CFR part 82 as--(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, andmethyl chloroform; or(2) Class II, including, but not limited to, hydrochlorofluorocarbons.(b) The Contractor shall label products which contain or are manufactured with ozone-depletingsubstances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFRpart 82, Subpart E, as follows:WarningContains (or manufactured with, if applicable) +_______, a substance(s) which harm(s) public healthand environment by destroying ozone in the upper atmosphere.+ The Contractor shall insert the name of the substance(s).(End of Clause). 11 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired underthis contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similarlegal instrument or agreement, that includes any clause requiring the Government to indemnify theContractor or any person or entity for damages, costs, fees, or any other loss or liability thatwould create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:(1) Any such clause is unenforceable against the Government.(2) Neither the Government nor any Government authorized end user shall be deemed to have agreedto such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.If the EULA, TOS, or similar legal instrument or agreement is invoked through an `I agree` click boxor other comparable mechanism (e.g., `click-wrap` or `browse-wrap` agreements), execution does notbind the Government or any Government authorized end user to such clause.(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument oragreement.(b) Paragraph (a) of this clause does not apply to indemnification by the Government that isexpressly authorized by statute and specifically authorized under applicable agency regulations andprocedures. (End of clause). 12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect asif they were given in full text. Upon request, the Contracting Officer will make their full textavailable. Also, the full text of a clause may be accessed electronically at this/these address(es):(End of Clause). 13 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the dateof the clause.(b) The use in this solicitation or contract of any CAR and FAR (48 CFR clause with an authorizeddeviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.(End of Clause). 14 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)(a) The Contracting Officer or the duly authorized representative will accept supplies and servicesto be provided under this contract. (b) The place of acceptance will be:(End of clause). 15 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNALCONFIDENTIALITY AGREEMENTS (FEB 2015)(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste,or abuse to sign or comply with internal confidentiality agreements or statements prohibiting orotherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud,or abuse to a designated investigative or law enforcement representative of a Federal department oragency authorized to receive such information.(b) The contractor shall notify employees that the prohibitions and restrictions of any internalconfidentiality agreements covered by this clause are no longer in effect.(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable toStandard Form 312, Form 4414, or any other form issued by a Federal department or agency governing thenondisclosure of classified information.(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and FurtherContinuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (orotherwise made available) under that or any other Act may be prohibited, if the Government determinesthat the Contractor is not in compliance with the provisions of this clause.(2) The Government may seek any available remedies in the event the Contractor fails to comply with theprovisions of this clause.(End of clause). 16 SAM.GOV 52.204-99 -- System for Award Management Registration (DEVIATION)Except for awards where the Govemment wide purchase card (GPC) is used as the method of payment,contracting officers shall include the attached clause 52.204-99, System for Award ManagementRegistration, in lieu of FAR clause 52.204-7, Central Contractor Registration, and DF ARS252.204-7004, Alternate A, Central Contractor Registration.System for Award Management Registration (August 2012) (DEVIATION)(a) Definitions. As used in this clause-"Central Contractor Registration (CCR) database" means the retired primary Government repository forContractor information required for the conduct of business with the Government."Commercial and Government Entity (CAGE) code" means-(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify acommercial or Government entity; or(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records andmaintains in the CAGE master file. This type of code is known as an "NCAGE code.""Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun andBradstreet, Inc. (D&B) to identify unique business entities."Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned byD&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation withthis 4-character suffix.) This 4-character suffix may be assigned at the discretion of the businessconcern to establish additional SAM records for identifying alternative Electronic Funds Transfer(EFT) accounts (see the FAR at Subpart 32.11) for the same concern."Registered in the SAM database" means that-(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4number, into the SAM database;(2) The Contractor's CAGE code is in the SAM database; and(3) The Government has validated all mandatory data fields, to include validation of the TaxpayerIdentification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record"Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4validation to the Government as a part of the SAM registration process."System for Award Management (SAM)" means the primary Government repository for prospective federalawardee information and the centralized Government system for certain contracting, grants, and otherassistance related processes. It includes-(1) Data collected from prospective federal awardees required for the conduct of business with theGovernment;(2) Prospective contractor submitted annual representations and certifications in accordance with FARSubpart 4.12; and(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, orexcluded or disqualified under the non procurement common rule by agencies, Government corporations ,or by the Government Accountability Office.(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and throughfinal payment of any contract, basic agreement, basic ordering agreement, or blanket purchasingagreement resulting from this solicitation.(2) The SAM registration shall be for the same name and address identified on the contract, with itsassociated CAGE code and DUNS or DUNS+4.(3) If indicated by the Government during performance, registration in an alternate system may berequired in lieu of SAM.(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly toobtain one.(1) A contractor may obtain a DUNS number-(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internetaccess, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. Thecontractor should indicate that it is a contractor for a U.S. Government contract when contacting thelocal Dun and Bradstreet office.(2) The Contractor should be prepared to provide the following information:(i) Company legal business name.(ii) Trade style, doing business, or other name by which your entity is commonly recognized.(iii) Company physical street address, city, state and Zip Code.(iv) Company mailing address, city, state and Zip Code (if separate from physical).(v) Company telephone number.(vi) Date the company was started.(vii) Number of employees at your location.(viii) Chief executive officer/key manager.(ix) Line of business (industry).(x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved.(e) Processing time for registration in SAM, which normally takes five business days, should be takeninto consideration when registering. Contractors who are not already registered should considerapplying for registration at least two weeks prior to invoicing.(f) The Contractor is responsible for the accuracy and completeness of the data within the SAMdatabase, and for any liability resulting from the Government's reliance on inaccurate or incompletedata. To remain registered in the SAM database after the initial registration, the Contractor isrequired to review and update on an annual basis from the date of initial registration or subsequentupdates its information in the SAM database to ensure it is current, accurate and complete. Updatinginformation in the SAM does not alter the terms and conditions of this contract and is not asubstitute for a properly executed contractual document.(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name(whichever is shown on the contract), or has transferred the assets used in performing the contract,but has not completed the necessary requirements regarding novation and change-of-name agreementsin Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficientdocumentation to support the legally changed name with a minimum of one business day's writtennotification of its intention to-(A) Change the name in the SAM database;(B) Comply with the requirements of subpart 42.12 of the FAR; and(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause,or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absenceof a properly executed novation or change-of-name agreement, the SAM information that shows theContractor to be other than the Contractor indicated in the contract will be considered to beincorrect information within the meaning of the "Suspension of Payment" paragraph of the electronicfunds transfer (EFT) clause of this contract.(2) The Contractor shall not change the name or address for EFT payments or manual payments, asappropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (seeFAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.Information provided to the Contractor's SAM record that indicates payments, including those madeby EFT, to an ultimate recipient other than that Contractor will be considered to be incorrectinformation within the meaning of the "Suspension of payment" paragraph of the EFT clause of thiscontract.(h) Contractors may obtain information on registration and annual confirmation requirements via theSAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 forinternational calls.(End of Clause) Questions must be emailed to the attention of Ben Carlson. The email address is Ben.Carlson@noaa.gov , 206-526-4321.  

Lodging, meals and conference support services - Yellow Ribbon Reintegration Program

Department of Homeland Security, United States Coast Guard (USCG) | Published January 25, 2016  -  Deadline February 1, 2016
cpvs

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --(i) Name and address of the Contractor;(ii) Invoice date and number;(iii) Contract number, contract line item number and, if applicable, the order number;(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;(vi) Terms of any discount for prompt payment offered;(vii) Name and address of official to whom payment is to be sent;(viii) Name, title, and phone number of person to notify in event of defective invoice; and(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.(x) Electronic funds transfer (EFT) banking information.(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.(i) Payment.(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);(B) Affected contract number and delivery order number, if applicable;(C) Affected contract line item or subline item, if applicable; and(D) Contractor point of contact.(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.(6) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.(v) Amounts shall be due at the earliest of the following dates:(A) The date fixed under this contract.(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-(A) The date on which the designated office receives payment from the Contractor;(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:(1) The schedule of supplies/services.(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.(3) The clause at 52.212-5.(4) Addenda to this solicitation or contract, including any license agreements for computer software.(5) Solicitation provisions if this is a solicitation.(6) Other paragraphs of this clause.(7) The Standard Form 1449.(8) Other documents, exhibits, and attachments.(9) The specification.(t) System for Award Management (SAM).(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:(A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR;(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:(i) Any such clause is unenforceable against the Government.(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.Addendum to FAR 52.212-4. Any addendum to FAR 52.212-4 should be clearly labeled as such and shall include the following information, as appropriate:(i) If the contracting officer tailors FAR 52.212-4 in accordance with FAR 12.302, the tailored parts of the clause shall be stated in the addendum.(ii) If the contracting officer specifies commercial contract financing terms, the information required by FAR 32.206(b)(1) shall be included in the addendum.(iii) When cost information will be obtained pursuant to FAR part 15 to establish the reasonableness of prices for commercial items, the contracting officer shall insert the clauses prescribed for this purpose in the addendum.(iv) The contracting officer may include in solicitations and contracts by addendum to FAR 52.212-4 other FAR clauses when their use is consistent with the limitations contained in FAR 12.302. For example:(A) The contracting officer may include appropriate clauses when an indefinite-delivery type of contract will be used. The clauses prescribed at FAR 16.506 may be used for this purpose.(B) The contracting officer may include appropriate clauses when the use of options is in the Government's interest. The clauses prescribed in FAR 17.208 may be used for this purpose. (C) The contracting officer may use the provisions and clauses contained in FAR Part 23 regarding the use of products containing recovered materials and biobased products when appropriate for the item being acquired.(v) The contracting officer shall insert the clause at 52.245-1, Government Property (Apr 2012), in contracts or modifications awarded under FAR Part 12 procedures where Government property that exceeds the simplified acquisition threshold, as defined in FAR 2.101, is furnished or where the contractor is directed to acquire property for use under the contract that is titled in the Government. The contracting officer shall use the clause with its Alternate I in contracts other than time-and-materials, labor-hour, and negotiated fixed-price contracts. Purchase orders for property repair need not include a Government property clause when the acquisition cost of Government property to be repaired does not exceed the simplified acquisition threshold, unless other Government property (not for repair) is provided.(vi) The contracting officer shall insert the clause at 52.245-9, Use and Charges, in solicitations and contracts when the clause at 52.245-1 is included. xii) 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. Contract Terms and Conditions Required to Implement Statutes 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, 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).___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (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).___ (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 2011) (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 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.___ (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 (Nov 2011) (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 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)).___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).___ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).___ (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).___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (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 (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 Television (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.___ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).__X_ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).___ (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).__X_ (44) 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).___ (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:[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)._X__ (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 (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 (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 (1) 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 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) (E.O. 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. FAR 52.204-7 System for Award Management (Contractor must be registered prior to receiving any award (https://www.sam.gov) FAR 52.225-13 Restriction on Certain Foreign Purchases (Jun 2008)As prescribed in 25.1103(a), insert the following clause:(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States. (b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn/. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's website at http://www.treas.gov/offices/enforcement/ofac. (c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.(End of clause) xiii) 52.213-1 Fast Payment ProcedureFast Payment Procedure (May 2006)(a) General. The Government will pay invoices based on the Contractor's delivery to a post office or common carrier (or, if shipped by other means, to the point of first receipt by the Government).(b) Responsibility for supplies.(1) Title to the supplies passes to the Government upon delivery to --(i) A post office or common carrier for shipment to the specific destination; or(ii) The point of first receipt by the Government, if shipment is by means other than Postal Service or common carrier.(2) Notwithstanding any other provision of the contract, order, or blanket purchase agreement, the Contractor shall --(i) Assume all responsibility and risk of loss for supplies not received at destination, damaged in transit, or not conforming to purchase requirements; and(ii) Replace, repair, or correct those supplies promptly at the Contractor's expense, if instructed to do so by the Contracting Officer within 180 days from the date title to the supplies vests in the Government.(c) Preparation of invoice.(1) Upon delivery to a post office or common carrier (or, if shipped by other means, the point of first receipt by the Government), the Contractor shall --(i) Prepare an invoice as provided in this contract, order, or blanket purchase agreement; and(ii) Display prominently on the invoice "Fast Pay." Invoices not prominently marked "FAST PAY" via manual or electronic means may be accepted by the payment office for fast payment. If the payment office declines to make fast payment, the Contractor shall be paid in accordance with procedures applicable to invoices to which the Fast Payment clause does not apply.(2) If the purchase price excludes the cost of transportation, the Contractor shall enter the prepaid shipping cost on the invoice as a separate item. The Contractor shall not include the cost of parcel post insurance. If transportation charges are stated separately on the invoice, the Contractor shall retain related paid freight bills or other transportation billings paid separately for a period of 3 years and shall furnish the bills to the Government upon request.(3) If this contract, order, or blanket purchase agreement requires the preparation of a receiving report, the Contractor shall either-(i) Submit the receiving report on the prescribed form with the invoice; or(ii) Include the following information on the invoice:(A) Shipment number.(B) Mode of shipment.(C) At line item level-(1) National stock number and/or manufacturer's part number;(2) Unit of measure;(3) Ship-To Point;(4) Mark-For Point, if in the contract; and(5) FEDSTRIP/MILSTRIP document number, if in the contract.(4) If this contract, order, or blanket purchase agreement does not require preparation of a receiving report on a prescribed form, the Contractor shall include on the invoice the following information at the line item level, in addition to that required in paragraph (c)(1) of this clause:(i) Ship-To Point.(ii) Mark-For Point.(iii) FEDSTRIP/MILSTRIP document number, if in the contract.(5) Where a receiving report is not required, the Contractor shall include a copy of the invoice in each shipment.(d) Certification of invoice. The Contractor certifies by submitting an invoice to the Government that the supplies being billed to the Government have been shipped or delivered in accordance with shipping instructions issued by the ordering officer, in the quantities shown on the invoice, and that the supplies are in the quantity and of the quality designated by the contract, order, or blanket purchase agreement.(e) Fast pay container identification. The Contractor shall mark all outer shipping containers "Fast Pay." When outer shipping containers are not marked "FAST PAY," the payment office may make fast payment. If the payment office declines to make fast payment, the Contractor shall be paid in accordance with procedures applicable to invoices to which the Fast Payment clause does not apply.(End of Clause)  

Brand Name Only (Exact Match) Oliveira SA Super Yellowfin Trawl Wire Rope

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published March 24, 2016  -  Deadline March 31, 2016
cpvs

All quotes must include shipping cost to destination NOAA/NWFSC/FRAM, Newport, OR 97365 by June 30, 2016. The requirement is to provide four (4) spools of 7,500 feet each (30,000 feet total). The trawl wire-rope is used in trawl applications ; specifically, in this application it will be used for deploying a trawl net sampling system which is used to enumerate demersal and benthic animals during the West Coast Groundfish Bottom Trawl Survey. Each spool is to be of one piece; no splices or additions accepted. The specifications are as follows: 1. Two spools containing 1250 fathoms (7500 feet or 2286 meters) of compacted (Dyfrom) steel (galvanized) core 5/8" (16mm) IRWC wire rope.2. Each spool shall be of 1250 fathoms of contiguous wire, no splices or additions.3. Each strand shall be drawn galvanized.4. Steel will be of XIP® (Extra Improved Plow Steel Grade) or equivalent.5. Each spool shall be pre-formed (compacted) or double swaged.6. Wire rope must be of 6X19 IWRC standard right regular lay.7. Wire rope shall be of made of Seale the construction method.8. Wire rope will have a breaking force equal to or greater than 1570N/mm, of kN=168 or Kgf =17,100 or 41,000 pounds.9. Each spool will be treated with a combination of both penetrating and coated lubricants to reduce friction as the individual wires move over each other and to provide corrosion protection and lubrication in the core and inside wires and on the exterior surfaces. Since 1997 FRAM has conducted bottom trawl surveys off the coast of the Continental United States from the Canadian Boarder to the Mexican Boarder in depths ranging from 30 to 700 fathoms (180 to 4200 feet). These annual surveys provide stock assessment managers with critical data required for the management of biologically and economically important fish stocks located in these waters. FRAM contracts four to five commercial fishing vessels per year to perform these stock assessment surveys. FRAM supplies its charter fishing vessels with trawl warp cable to deploy its bottom trawl sampling net. The samples that are recovered are imperative to the calculation of catch per unit effort (CPUE) which in turn, is used directly West Coast Fisheries Management. FRAM's current trawl warps have been used for three seasons and are no longer suitable for use. There are many safety reasons to replace the current wire rope; once deployed, the bottom trawl puts tremendous strain on the trawl warp that is used. Three years of salt water corrosion, seafloor substrate abrasion, and radial pressures around the winch drum and trawl block have further extracted useful life the wire rope. During sampling operations FRAM has a significant investment of equipment in the water including; acoustic net mensuration equipment, sensor recorders, and the net itself, which is being towed over variable and harsh bottom, so there is substantial fiscal pressure to replace the wire rope (cable); if the wire breaks, FRAM loses everything. The wire ropes will be used as the "main wires" or "trawl warps" on trawlers ranging from 65 to 95 feet with horsepower ranging from 450 to 1000. The acquisition of this trawl wire is critical for the successful completion of the 2016 -2017 West Coast Groundfish trawl surveys. The Northwest Fisheries Science Center has conducted market research, conducted testing and determined that only Oliveira SA manufactures trawl wire rope specifically for use with commercial fishing vessels and meets the N WFSC FRAM Trawl Survey requirements. In 2010 FRAM had Domestic DSR tested by an independent testing facility in which the wire rope was tested for; tensile strength, stress at extension under load, elongation and ductility. The DSR wire did not meet the specifications outlined in the SOW. FRAM has tried several different manufactures of wire rope, 6 spools of Young Heung wire rope purchased through two vendors Consolidated Defensive Supply in 2008 and an unknown vendor in 2006. Each spool pair was only deployed for two field seasons. Four (4) spools of DSR Domestic wire rope purchased through Nor'Eastem Trawl Systems could only be deployed for 2 field seasons. FRAM typically is able to deploy the Oliveira SA trawl wire­ rope for 4 survey field seasons. Survey vessels using Lebus Screw winch drums will only deploy wire-rope that meets diameter specifications; currently we have only used Oliveira SA, the only manufacturer to meet those specifications. In addition, the Oliveira SA Super Yellowifn is a proven product which is used worldwide in the fishing industry. It is imperative that the NWFSC use only the Oliveira SA Super Yellowfin because it is specifically fabricated for use in the commercial fishing industry. We found no other manufacturers that meet that requirement. This requirement is a 100% set-aside to small business concerns under the North American Industry Classification Code (NAICS) 314994 with a size standard of 1000 employees. The government intends to issue a firm fixed price purchase order. The required delivery date is no later than June 30, 2016. All interested parties that can provide the exact match Brand Name item described herein must respond to this announcement within six (6) calendar days of its publication. All responses must be in writing and may be faxed to (206) 527-7513 attention to Maria Mendoza or email at maria.l.mendoza@noaa.gov. This is a simplified acquisition. This notice is hereby issued as RFQ No.RA133F16RQ1417. The following provisions and clauses shall apply to this RFQ and resultant award. 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/these address(es): https://www.acquisition.gov/far/ Department of Commerce Clauseshttp://www.ecfr.gov/cgi-bin/text-idx?SID=c36a20ca785ffb6e3f97eb41748ef942&node=48:5.0.6.50.44&rgn=div5 (End of clause) Clauses Incorporated by Reference 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989) FAR 52.212-2, Evaluation - Commercial Items (JAN 1999) The Government will award a contract resulting from this solicitation to the responsible vendor whose quote is best value to the government price and other factors considered. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (March 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) (22 U.S.C. 7104(g)) (section 738 Division C of Pub L. 112-74, section 743 of Division D of Pub L 111-8, and section 745 of Division D of Pub L. 110-161). (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:__ (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.)__ (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).__ (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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).__ (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.__ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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 (Jul 2010) 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 (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)._X_ (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 (Feb 2016) (E.O. 13126). X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).__ (29) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).__ (30) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).__ (31) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).___(33)(i) 52.222-50, Combating Trafficking in Person (MAR 2015) (22 U.S.C. chapter 78 and E.O, 13627____(ii) Altermate 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. 13423 and 13514).__ (ii) Alternate I (Jun 2014) of 52.223-13.__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 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. 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). __ (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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67 In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.This Statement is for Information Only:It is not a Wage DeterminationEmployee Class Monetary Wage-Fringe Benefits_____________ _________________________________________ _________________________________________ _________________________________________ ____________________________(End of clause) __ (3) 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).__ (4) 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).__ (5) 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). __ (6) 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). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).. (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 (Apr 2010) (41 U.S.C. 3509).(ii) 52.219-8, Utilization of Small Business Concerns (May 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) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).(vii) 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.(viii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(x) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).(xi) 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).(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).(xiii) 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).(xiv) 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.(xv) 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.(xvii) 52.222-55 Minimum Wages Under Executive Order 13685 (DEC 2014) (Executive Order 13685). (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) Department of Commerce Clauses Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) The Offeror represents that, as of the date of this offer - (a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of provision)  1352.201-70, Contracting Officer's Authority (APR 2010) (Reference) 1352.209-73 Compliance With the Laws (APR 2010) (Reference) 1352.209-74 Organizational Conflict of Interest (APR 2010) (Reference) 1352.237-71 Security processing requirements - low risk contracts (APR 2010) (Reference)                       This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only Request for Quote (RFQ). Written quotes are being requested. A hardcopy written RFQ will not be issued. NOAA Northwest Fisheries Science Center (NWFSC), Fisheries Resource Analysis and Monitoring (FRAM) Division has a requirement for Brand Name Only (Exact Match), to the following: four (4) spools of 7,500 feet Oliveira Brand SA Super Yellowfin Trawl wire rope. All quotes must include shipping cost to destination NOAA/NWFSC/FRAM, Newport, OR 97365 by June 30, 2016. The requirement is to provide four (4) spools of 7,500 feet each (30,000 feet total). The trawl wire-rope is used in trawl applications ; specifically, in this application it will be used for deploying a trawl net sampling system which is used to enumerate demersal and benthic animals during the West Coast Groundfish Bottom Trawl Survey. Each spool is to be of one piece; no splices or additions accepted. The specifications are as follows: 1. Two spools containing 1250 fathoms (7500 feet or 2286 meters) of compacted (Dyfrom) steel (galvanized) core 5/8" (16mm) IRWC wire rope.2. Each spool shall be of 1250 fathoms of contiguous wire, no splices or additions.3. Each strand shall be drawn galvanized.4. Steel will be of XIP® (Extra Improved Plow Steel Grade) or equivalent.5. Each spool shall be pre-formed (compacted) or double swaged.6. Wire rope must be of 6X19 IWRC standard right regular lay.7. Wire rope shall be of made of Seale the construction method.8. Wire rope will have a breaking force equal to or greater than 1570N/mm, of kN=168 or Kgf =17,100 or 41,000 pounds.9. Each spool will be treated with a combination of both penetrating and coated lubricants to reduce friction as the individual wires move over each other and to provide corrosion protection and lubrication in the core and inside wires and on the exterior surfaces. Since 1997 FRAM has conducted bottom trawl surveys off the coast of the Continental United States from the Canadian Boarder to the Mexican Boarder in depths ranging from 30 to 700 fathoms (180 to 4200 feet). These annual surveys provide stock assessment managers with critical data required for the management of biologically and economically important fish stocks located in these waters. FRAM contracts four to five commercial fishing vessels per year to perform these stock assessment surveys. FRAM supplies its charter fishing vessels with trawl warp cable to deploy its bottom trawl sampling net. The samples that are recovered are imperative to the calculation of catch per unit effort (CPUE) which in turn, is used directly West Coast Fisheries Management. FRAM's current trawl warps have been used for three seasons and are no longer suitable for use. There are many safety reasons to replace the current wire rope; once deployed, the bottom trawl puts tremendous strain on the trawl warp that is used. Three years of salt water corrosion, seafloor substrate abrasion, and radial pressures around the winch drum and trawl block have further extracted useful life the wire rope. During sampling operations FRAM has a significant investment of equipment in the water including; acoustic net mensuration equipment, sensor recorders, and the net itself, which is being towed over variable and harsh bottom, so there is substantial fiscal pressure to replace the wire rope (cable); if the wire breaks, FRAM loses everything. The wire ropes will be used as the "main wires" or "trawl warps" on trawlers ranging from 65 to 95 feet with horsepower ranging from 450 to 1000. The acquisition of this trawl wire is critical for the successful completion of the 2016 -2017 West Coast Groundfish trawl surveys. The Northwest Fisheries Science Center has conducted market research, conducted testing and determined that only Oliveira SA manufactures trawl wire rope specifically for use with commercial fishing vessels and meets the N WFSC FRAM Trawl Survey requirements. In 2010 FRAM had Domestic DSR tested by an independent testing facility in which the wire rope was tested for; tensile strength, stress at extension under load, elongation and ductility. The DSR wire did not meet the specifications outlined in the SOW. FRAM has tried several different manufactures of wire rope, 6 spools of Young Heung wire rope purchased through two vendors Consolidated Defensive Supply in 2008 and an unknown vendor in 2006. Each spool pair was only deployed for two field seasons. Four (4) spools of DSR Domestic wire rope purchased through Nor'Eastem Trawl Systems could only be deployed for 2 field seasons. FRAM typically is able to deploy the Oliveira SA trawl wire­ rope for 4 survey field seasons. Survey vessels using Lebus Screw winch drums will only deploy wire-rope that meets diameter specifications; currently we have only used Oliveira SA, the only manufacturer to meet those specifications. In addition, the Oliveira SA Super Yellowifn is a proven product which is used worldwide in the fishing industry. It is imperative that the NWFSC use only the Oliveira SA Super Yellowfin because it is specifically fabricated for use in the commercial fishing industry. We found no other manufacturers that meet that requirement. This requirement is a 100% set-aside to small business concerns under the North American Industry Classification Code (NAICS) 314994 with a size standard of 1000 employees. The government intends to issue a firm fixed price purchase order. The required delivery date is no later than June 30, 2016. All interested parties that can provide the exact match Brand Name item described herein must respond to this announcement within six (6) calendar days of its publication. All responses must be in writing and may be faxed to (206) 527-7513 attention to Maria Mendoza or email at maria.l.mendoza@noaa.gov. This is a simplified acquisition. This notice is hereby issued as RFQ No.RA133F16RQ1417. The following provisions and clauses shall apply to this RFQ and resultant award. 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/these address(es): https://www.acquisition.gov/far/ Department of Commerce Clauseshttp://www.ecfr.gov/cgi-bin/text-idx?SID=c36a20ca785ffb6e3f97eb41748ef942&node=48:5.0.6.50.44&rgn=div5 (End of clause) Clauses Incorporated by Reference 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989) FAR 52.212-2, Evaluation - Commercial Items (JAN 1999) The Government will award a contract resulting from this solicitation to the responsible vendor whose quote is best value to the government price and other factors considered. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (March 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) (22 U.S.C. 7104(g)) (section 738 Division C of Pub L. 112-74, section 743 of Division D of Pub L 111-8, and section 745 of Division D of Pub L. 110-161). (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:__ (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.)__ (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).__ (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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).__ (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.__ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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 (Jul 2010) 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 (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)._X_ (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 (Feb 2016) (E.O. 13126). X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).__ (29) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).__ (30) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).__ (31) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).___(33)(i) 52.222-50, Combating Trafficking in Person (MAR 2015) (22 U.S.C. chapter 78 and E.O, 13627____(ii) Altermate 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. 13423 and 13514).__ (ii) Alternate I (Jun 2014) of 52.223-13.__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 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. 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). __ (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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67 In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.This Statement is for Information Only:It is not a Wage DeterminationEmployee Class Monetary Wage-Fringe Benefits_____________ _________________________________________ _________________________________________ _________________________________________ ____________________________(End of clause) __ (3) 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).__ (4) 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).__ (5) 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). __ (6) 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). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).. (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 (Apr 2010) (41 U.S.C. 3509).(ii) 52.219-8, Utilization of Small Business Concerns (May 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) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).(vii) 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.(viii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(x) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).(xi) 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).(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).(xiii) 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).(xiv) 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.(xv) 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.(xvii) 52.222-55 Minimum Wages Under Executive Order 13685 (DEC 2014) (Executive Order 13685). (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) Department of Commerce Clauses Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) The Offeror represents that, as of the date of this offer - (a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of provision)  1352.201-70, Contracting Officer's Authority (APR 2010) (Reference) 1352.209-73 Compliance With the Laws (APR 2010) (Reference) 1352.209-74 Organizational Conflict of Interest (APR 2010) (Reference) 1352.237-71 Security processing requirements - low risk contracts (APR 2010) (Reference)                       This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only Request for Quote (RFQ). Written quotes are being requested. A hardcopy written RFQ will not be issued. NOAA Northwest Fisheries Science Center (NWFSC), Fisheries Resource Analysis and Monitoring (FRAM) Division has a requirement for Brand Name Only (Exact Match), to the following: four (4) spools of 7,500 feet Oliveira Brand SA Super Yellowfin Trawl wire rope.

Preventive Maintenance and Testing of Main Switchboards and Automatic Transfer Switches for NOAA in Seattle, WA

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published August 3, 2016  -  Deadline August 12, 2016
cpvs

COMBINED SYNOPSIS/SOLICITATIONPreventive Maintenance and Testing of Main Switchboards and Automatic Transfer Switches for NOAA in Seattle, WA. (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ NumberRA-1330-16-RQ-0725DR (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-89. (IV) This solicitation is being issued as a total small business set-aside. The associated NAICS code is 811219. The small business size standard is $20.5M. (V) This combined solicitation/synopsis is for purchase of the following commercial services: Line Item 0001 - Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary to conduct preventive maintenance and testing of the switchboard and automatic transfer switches in building 4 of the NOAA Western Regional Center (WRC) in accordance with the statement of work which is attached to the Standard Form SF-18, Request for Quote. Line Item 0002 - Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary to conduct preventive maintenance and testing of the switchboard and automatic transfer switches in building 8 of the NOAA Western Regional Center (WRC) in accordance with the statement of work which is attached to the Standard Form SF-18, Request for Quote. (VI) Description of requirements is as follows:See attached Statement of Work which is attached to the SF-18 Request for Quote form. (VII) Date(s) and place(s) of delivery and acceptance: NOAA, Facilities & Logistics7600 Sand Point Way, NE - Bldgs. 4 & 8Seattle, WA 98115-6349 Period of performance shall be: Services shall be completed on or before 02/24/2014. (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (Oct 2015), applies to this acquisition. NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.1. Quotes shall be fully executed and returned on the Standard Form (SF) 18 and any acknowledgements of solicitation amendments on the SF 30.2. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. E-mail quotes are acceptable and can be sent to Diana.romero@noaa.gov.3. At a minimum the contractor shall provide the following information:a) Point of contact name, telephone and E-mail address.b) DUNS Number4. Provide all evaluation criteria in accordance with 52.212-2 in this package.5. Vendor shall complete and return Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law 52.209-11 with quote, if not completed in SAM.6. Vendor shall submit a copy of the certification or license for any and all employees that need to certified to complete these services with quote in order to be considered for contract award.7. Vendor shall have an active registration in System for Award Management (SAM) found at https://www.sam.gov/portal/SAM/#1 in order to be eligible for contract award. Vendor shall also complete Representations and Certifications electronically in SAM. SITE VISITThe government is planning a site visit on Monday, 08, 2016 at 09:00 am local time. Location:NOAA Facilities & Logistics7600 Sand Point Way NESeattle, WA 98115-6349 (IX) FAR 52.212-2, Evaluation - Commercial Items (Oct 2014), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:1) Technical Capability - The contractor shall demonstrate previous experience in successfully providing maintenance and testing of switchboards and automatic transfer switches. 2) Delivery schedule - The contractor shall provide a delivery schedule of completion dates. 3)Price; and4) Past Performance - quote shall include at least two references for similar services including the phone number, full address and E-mail address (if available). Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the offeror, the agency's knowledge of contractor performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services. Government intends to award a best value, firm fixed-price purchase order with payment terms of Net 30.(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) (X) 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Jul 2016)The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision. (a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program."Forced or indentured child labor" means all work or service-(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties."Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner."Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees."Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-(1) PSC 5510, Lumber and Related Basic Wood Materials;(2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials;(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture."Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor."Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan;(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or(6) Have been voluntarily suspended."Sensitive technology"-(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-(i) To restrict the free flow of unbiased information in Iran; or(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"-(1) Means a small business concern-(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation."Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition."Subsidiary" means an entity in which more than 50 percent of the entity is owned-(1) Directly by a parent corporation; or(2) Through another subsidiary of a parent corporation."Veteran-owned small business concern" means a small business concern-(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans."Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances."Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women."Women-owned small business concern" means a small business concern-(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and(2) Whose management and daily business operations are controlled by one or more women."Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any.These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.(d) Representations required to implement provisions of Executive Order 11246-(1) Previous contracts and compliance. The offeror represents that-(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and(ii) It □ has, □ has not filed all required compliance reports.(2) Affirmative Action Compliance. The offeror represents that- (i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Canadian End Products:Line Item No._____________________________________________________________________________________________________________________[List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Canadian or Israeli End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.Other End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.(i) Taxes are considered delinquent if both of the following criteria apply:(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at .] (1) Listed end products. Listed End Product Listed Countries of Origin___________________ ______________________________________ ___________________(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] □ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.□ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or(2) □ Outside the United States.(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] □ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. □ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies-(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). □ TIN: ________________________________.□ TIN has been applied for.□ TIN is not required because:□ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;□ Offeror is an agency or instrumentality of a foreign government;□ Offeror is an agency or instrumentality of the Federal Government.(4) Type of organization. □ Sole proprietorship;□ Partnership;□ Corporate entity (not tax-exempt);□ Corporate entity (tax-exempt);□ Government entity (Federal, State, or local);□ Foreign government;□ International organization per 26 CFR 1.6049-4;□ Other ________________________________.(5) Common parent. □ Offeror is not owned or controlled by a common parent;□ Name and TIN of common parent:Name ________________________________.TIN _________________________________.(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations.(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The Offeror represents that- (i) It □ is, □ is not an inverted domestic corporation; and(ii) It □ is, □ is not a subsidiary of an inverted domestic corporation.(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products.(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation.(1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:Immediate owner CAGE code: ____________________.Immediate owner legal name: _____________________.(Do not use a "doing business as" name)Is the immediate owner owned or controlled by another entity: □ Yes or □ No.(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:Highest-level owner CAGE code: __________________.Highest-level owner legal name: ___________________.(Do not use a "doing business as" name)(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that-(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.(2) The Offeror represents that-(i) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and(ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):Predecessor CAGE code: ________ (or mark "Unknown")Predecessor legal name: _________________________(Do not use a "doing business as" name)(End of provision) The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/SAM/#1. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (May 2015), applies to this acquisition. (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jun 2016) applies to this acquisition. (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 (Nov 2015)(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, 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:___ (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 (Oct 2015) (41 U.S.C. 3509).___ (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 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).___ (5) [Reserved]___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub.

THRUSTER GENERATOR BEARING RENEWAL

Department of Homeland Security, United States Coast Guard (USCG) | Published May 23, 2016  -  Deadline June 6, 2016
cpvs

FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (MAY 2011) FAR 52.204-7 Systems for Award Management (JUL 2013)FAR 52.204-6 Data Universal Numbering System (DUNS) Number (JUL 2013)FAR 52.204-13 Systems for Award Management Maintenance (JUL 2013)FAR 52.211-14 Notice of Priority Rating for National Defense EMERGENCY Preparedness and Energy Program Use (DO) (APR 2008)FAR 52.211-15 Defense Priorities and Allocation System Rating (APR 2008) D0 A3 ratingFAR 52.215-5 FASCILILE Proposals (OCT 1997)FAR 52.217-5 Evaluation of Options (JUL 1990)FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997)FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I (JUL 1995) FAR 52.228-5 Insurance- Work on Government Installation (JAN 1997) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)FAR 52.242-2 Production Progress Reports (APR 1991)FAR 52.245-1 Government Property (APR 2012)FAR 52.245-4 Government-Furnished Property (Short Form) (JUN 2003) FAR 52.245-9 Use and Charges (APR 2012)FAR 52.249-1 Termination for Convenience of the Government (Fixed Price) (APR 1984)HSAR 3052.211-70 Inex for Specifications (DEC 2003)HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003)HSAR 3052.209-72 Organizational Disclosure of Conflicts of Interest HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 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]: 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. 3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability, (FEB 2014) (DHS FAR CLASS DEVIATION 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request. (End of provision) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - APPLICABLE LICENSES AND PERMITS (JUN 2006) The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within ten (10) days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract. 2. FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2015). Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number and 6) Pricing, and Delivery information,. (7) Offerors are instructed to include a completed copy of Federal Acquisition Regulation (FAR) 52.212-3, "Offerors Representations and Certification--Commercial Items (DEC 2012)" and Alt 1 included with their quotation (the provision is attached), or be registered with Online Reps and Certs, https://www.SAM.gov.ADDENDUM to FAR PROVISION 52.212-1: the following paragraphs are added to the provision:WELDING CERTIFICATIONS AND QUALIFICATIONS This solicitation may contain welding line items as either Definitive or Optional Items. With his/her proposal the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), SFLC Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable certifications and qualifications to the COTR for any welding to be performed on any proposed change request. DRYDOCK CERTIFICATION AND DRYDOCK CALCULATIONS With his/her proposal the Contractor shall provide a current certification of its drydocking facility as required by the specification (Work Item for Routine Drydocking) and SFLC Standard Specification 8634_STD. When requested by the Contracting Officer, the Contractor shall also provide the pre-award calculations described in specification for Routine Drydocking, Cutter Conditions, and Appendix B of the SFLC Standard Specification 8634_STD. Subsequent to contract award, the Government will require the Contractor to provide the docking and un-docking calculations described in Appendix B of the SFLC Standard Specification 8634_STDFAR PROVISION 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS ITEMS (JUN 1988) a. Orders for U.S. Coast Guard specification reference drawings must be placed within 10 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD- ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.). Drawing measurements should be verified by the Contractor prior to ordering materials. FAR PROVISION 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010) ALT IV (a) Submission of cost or pricing data is not required (b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination. The information may be as follows: REQUEST FOR INFORMAL COST BREAKDOWN In addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below: Trade, (i.e. laborers, rigger, etc.) Breakdown of labor grades by trade category Manhours per trade, per labor grade Cost/hour/tradeSupplies/materials (description & cost of each) Sub-totalPension PlansOverhead at a rate of % Profit at a rate of % Total for item 3. FAR 52.212-2 Evaluation-Commercial Items (Oct 2014) - This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. The following evaluation factors shall be considered: Past Performance, Price. Offerors shall submit at least 3 relevant past performance references for contracts with private industry or government instrumentalities (federal, state, or local) performed within the last 3 years. References shall include: 1. Name & contact information of the point of contract (PM/COR), 2. Name of Organization, 3. A brief description of service, 4. Contract Number/Task Order 5. Status (Prime or Sub). The USCG reserves the right to utilize past performance information other than the information submitted with the proposals received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant.The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will evaluate offers and make award to the lowest priced technically acceptable offer that is responsive to the terms of this solicitation.4. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2015) - An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision which can be obtained electronically at http://www.arnet.gov/far.5. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015)The following addendum applies: Address for submission of invoices isUSCG FINANCE CENTERCOMMERCIAL INVOICESPO BOX 4115CHESAPEAKE, VA 23327-4115 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) As prescribed in 32.009-2, insert the following clause: Providing Accelerated Payments to Small Business Subcontractors (Jul 2013)(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. ACCESS TO VESSEL (a) A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security. (b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security. INDEMNIFICATION FOR ACCESS TO VESSELS Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price. INSPECTIONSExcept as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract. The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation. 6. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2016) This clause is required for this solicitation, and applies to this acquisition. (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 (NOV 2015)(2) 52.222-50 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). (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). (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: ___ (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 (OCT 2015) (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. (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 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.__ (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 2015) (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 2015) 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 (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)._X_ (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 (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 (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) 52.222.50, Combating Trafficking in Persons (Mar 2015)_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)__ (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. 13423 and 13514).__ (ii) Alternate I (Jun 2014) of 52.223-13.__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 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 (OCT 2015) (E.O. 13423 and 13514).__ (ii) Alternate I (OCT 2015) of 52.223-16._X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513)._X_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).__ (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)._X_ (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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (3) 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).__ (4) 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).__ (5) 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). __ (6) 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). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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) 52.219-8, 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) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (MAY 2015) (38 U.S.C. 4212).(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(vii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212)(viii) 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.(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(x) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(xi) 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).(xii) 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).(xiii) 52.222-54, Employment Eligibility Verification (OCT 2015).(xiv) 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).(xv) 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.(xvi) 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.(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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.     7. 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items.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 (b) Clauses. 3052.204-71 Contractor Employee Access __Alternate I (SEP 2012)3052.205-70 Advertisement, Publicizing Awards, and Releases (SEPT 2012)3052.215-70 Key Personnel or Facilities (JUN 2003)3052.217-91 Performance (USCG) (DEC 2003) 3052.217-92 Inspection and manner of Doing Work (DEC 2003)3052.217-93 Subcontracts. (USCG) (DEC 2003) 3052.217-95 Liability and Insurance (USCG) (DEC 2003)3052.217-96 Title (USCG) (DEC 2003)3052.217-97 Discharge of Liens (USCG) (DEC 2003)3052.217-98 Delays (USCG) (DEC 2003)3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (USCG) (DEC 2003)3052.217-100 Guarantee (USCG) - guarantee period is 60 days after completion of all work or sea trials (if any) (DEC 2003)3052.223-90 Accident and Fire Reporting (DEC 2003)3052.228-70 Insurance (DEC 2003)3052.242-72 Contracting Officer's Technical Representative (DEC 2003)3052.247-72 F.O.B Destination Only (DEC 2003) The full text of HSAR clauses above may be accessed electronically at this address: http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf 8. DISCOVERIES AND CHANGES TO CONTRACT: Condition Found Report, Change Orders will be transmitted electronically by using email. The bullets below display the process of how these documents are to be followed for the duration of the contract performance period: (a) Condition Found Report (CFR) - All readings and inspections are to be taken within 24 hours after the machinery or system is opened. All reports of reading and inspections required by the specifications shall be submitted to the COR in writing using a "Condition Found Report (CFR)" form, within 24 hours after the readings and/or inspections are made. Promptness in taking and reporting readings is particularly important for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the contractor which are considered abnormal for reasons of safety, expected reliability, health, or habitability. These conditions must be brought to the attention of the Coast Guard using a CFR. Details provided by the Contractor in a CFR are important because the CFR may result in a contract change. To speed the contract change progress, the Contractor should include in his/her CFR the following details as a minimum: (i) A sequential number. (ii) The contract item which the "CFR" relates to. (iii) A clear statement, definition, and description of the condition found, including but not limited to frame numbers, part numbers, materials and dimensions as appropriate. (iv) A proposed or recommended repair to correct the defective condition. (v) Indicate whether the report requires Cost Guard action, or if it is provided "for info" only. If action is required, indicate the response time required by the Coast Guard and whether or not a contract extension would be needed if the additional work is authorized. (vi) A space on the form for the Coast Guard to make comments. (vii) All CFR's will be dated, submitted, and signed by a representative of the Contractor. Contracting Officer's Representative (COR) will respond to the Contractor's within 24 hours of receiving a Condition Found Report. A copy of ALL condition found reports shall be retained in the Cutter's file. (b) Change Request Process will occur in the following order: 1. Condition Found Report-Generated by the contractor and provided to COR . 2. Condition Report Reply-Generated by the COR and provided to Contractor3. Change Request- CR and IGE are generated by the COR and entered in the Contract Workbook. COR will assign the Change request number.4. COR provides copy of Change Request to the Contractor5. Contractor's Proposal- Provided to the KO for the identified tasking on CR6. Negotiations- If needed, take place to establish pricing7. Approved Change Request- Forwarded to Contractor and COR by the KO Change Request must be submitted by the COR to the contractor within 24 hours after responding to the CFR. Contractor must submit proposal to the Contracting Officer within 72 hours receipt of the Change Request. A modification will be issued to incorporate and implement all changes made by change orders. 9. CONTRACT DEFICIENCY REPORT The Contracting Officer or Contracting Officer's Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing. REQUIRED DOCUMENTS: Each Offeror shall furnish the information required by the solicitation, which includes: Section 1: Price Quote including cost breakdown.Section 2: Past Performance / References Proposal (This section should include the offerors completed representations and certifications.); andSection 3: Any issued amendments to the solicitation. Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation. INTERESTED VENDORS PLEASE SEND OFFICIAL QUOTE, WITH A SAM.GOV REGISTERED DUNS NUMBER, AND EMAIL TO CHAD.E.GINTER@USCG.MIL  

Life Boat Fabrication and Installation, USCGC Polar Star

Department of Homeland Security, United States Coast Guard (USCG) | Published August 30, 2016  -  Deadline September 6, 2016
cpvs

FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (MAY 2011) FAR 52.204-7 Systems for Award Management (JUL 2013)FAR 52.204-6 Data Universal Numbering System (DUNS) Number (JUL 2013)FAR 52.204-13 Systems for Award Management Maintenance (JUL 2013)FAR 52.211-14 Notice of Priority Rating for National Defense EMERGENCY Preparedness and Energy Program Use (DO) (APR 2008)FAR 52.211-15 Defense Priorities and Allocation System Rating (APR 2008) D0 A3 ratingFAR 52.215-5 FASCILILE Proposals (OCT 1997)FAR 52.217-5 Evaluation of Options (JUL 1990)FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997)FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I (JUL 1995) FAR 52.228-5 Insurance- Work on Government Installation (JAN 1997) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)FAR 52.242-2 Production Progress Reports (APR 1991)FAR 52.245-1 Government Property (APR 2012)FAR 52.245-4 Government-Furnished Property (Short Form) (JUN 2003) FAR 52.245-9 Use and Charges (APR 2012)FAR 52.249-1 Termination for Convenience of the Government (Fixed Price) (APR 1984)HSAR 3052.211-70 Inex for Specifications (DEC 2003)HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003)HSAR 3052.209-72 Organizational Disclosure of Conflicts of Interest HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 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]: 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. 3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability, (FEB 2014) (DHS FAR CLASS DEVIATION 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request. (End of provision) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - APPLICABLE LICENSES AND PERMITS (JUN 2006) The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within ten (10) days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract. 2. FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2015). Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number and 6) Pricing, and Delivery information,. (7) Offerors are instructed to include a completed copy of Federal Acquisition Regulation (FAR) 52.212-3, "Offerors Representations and Certification--Commercial Items (DEC 2012)" and Alt 1 included with their quotation (the provision is attached), or be registered with Online Reps and Certs, https://www.SAM.gov.ADDENDUM to FAR PROVISION 52.212-1: the following paragraphs are added to the provision:WELDING CERTIFICATIONS AND QUALIFICATIONS This solicitation may contain welding line items as either Definitive or Optional Items. With his/her proposal the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), SFLC Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable certifications and qualifications to the COTR for any welding to be performed on any proposed change request. DRYDOCK CERTIFICATION AND DRYDOCK CALCULATIONS With his/her proposal the Contractor shall provide a current certification of its drydocking facility as required by the specification (Work Item for Routine Drydocking) and SFLC Standard Specification 8634_STD. When requested by the Contracting Officer, the Contractor shall also provide the pre-award calculations described in specification for Routine Drydocking, Cutter Conditions, and Appendix B of the SFLC Standard Specification 8634_STD. Subsequent to contract award, the Government will require the Contractor to provide the docking and un-docking calculations described in Appendix B of the SFLC Standard Specification 8634_STDFAR PROVISION 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS ITEMS (JUN 1988) a. Orders for U.S. Coast Guard specification reference drawings must be placed within 10 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD- ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.). Drawing measurements should be verified by the Contractor prior to ordering materials. FAR PROVISION 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010) ALT IV (a) Submission of cost or pricing data is not required (b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination. The information may be as follows: REQUEST FOR INFORMAL COST BREAKDOWN In addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below: Trade, (i.e. laborers, rigger, etc.) Breakdown of labor grades by trade category Manhours per trade, per labor grade Cost/hour/tradeSupplies/materials (description & cost of each) Sub-totalPension PlansOverhead at a rate of % Profit at a rate of % Total for item 3. FAR 52.212-2 Evaluation-Commercial Items (Oct 2014) - This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. The following evaluation factors shall be considered: Past Performance, Price. Offerors shall submit at least 3 relevant past performance references for contracts with private industry or government instrumentalities (federal, state, or local) performed within the last 3 years. References shall include: 1. Name & contact information of the point of contract (PM/COR), 2. Name of Organization, 3. A brief description of service, 4. Contract Number/Task Order 5. Status (Prime or Sub). The USCG reserves the right to utilize past performance information other than the information submitted with the proposals received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant.The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will evaluate offers and make award to the lowest priced technically acceptable offer that is responsive to the terms of this solicitation.4. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2015) - An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision which can be obtained electronically at http://www.arnet.gov/far.5. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015)The following addendum applies: Address for submission of invoices isUSCG FINANCE CENTERCOMMERCIAL INVOICESPO BOX 4115CHESAPEAKE, VA 23327-4115 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) As prescribed in 32.009-2, insert the following clause: Providing Accelerated Payments to Small Business Subcontractors (Jul 2013)(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. ACCESS TO VESSEL (a) A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security. (b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security. INDEMNIFICATION FOR ACCESS TO VESSELS Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price. INSPECTIONSExcept as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract. The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation. 6. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2016) This clause is required for this solicitation, and applies to this acquisition. (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 (NOV 2015)(2) 52.222-50 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). (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). (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: ___ (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 (OCT 2015) (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. (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 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.__ (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 2015) (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 2015) 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 (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)._X_ (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 (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 (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) 52.222.50, Combating Trafficking in Persons (Mar 2015)_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)__ (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. 13423 and 13514).__ (ii) Alternate I (Jun 2014) of 52.223-13.__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 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 (OCT 2015) (E.O. 13423 and 13514).__ (ii) Alternate I (OCT 2015) of 52.223-16._X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513)._X_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).__ (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)._X_ (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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (3) 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).__ (4) 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).__ (5) 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). __ (6) 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). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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) 52.219-8, 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) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (MAY 2015) (38 U.S.C. 4212).(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(vii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212)(viii) 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.(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(x) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(xi) 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).(xii) 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).(xiii) 52.222-54, Employment Eligibility Verification (OCT 2015).(xiv) 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).(xv) 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.(xvi) 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.(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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.     7. 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items.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 (b) Clauses. 3052.204-71 Contractor Employee Access __Alternate I (SEP 2012)3052.205-70 Advertisement, Publicizing Awards, and Releases (SEPT 2012)3052.215-70 Key Personnel or Facilities (JUN 2003)3052.217-91 Performance (USCG) (DEC 2003) 3052.217-92 Inspection and manner of Doing Work (DEC 2003)3052.217-93 Subcontracts. (USCG) (DEC 2003) 3052.217-95 Liability and Insurance (USCG) (DEC 2003)3052.217-96 Title (USCG) (DEC 2003)3052.217-97 Discharge of Liens (USCG) (DEC 2003)3052.217-98 Delays (USCG) (DEC 2003)3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (USCG) (DEC 2003)3052.217-100 Guarantee (USCG) - guarantee period is 60 days after completion of all work or sea trials (if any) (DEC 2003)3052.223-90 Accident and Fire Reporting (DEC 2003)3052.228-70 Insurance (DEC 2003)3052.242-72 Contracting Officer's Technical Representative (DEC 2003)3052.247-72 F.O.B Destination Only (DEC 2003) The full text of HSAR clauses above may be accessed electronically at this address: http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf 8. DISCOVERIES AND CHANGES TO CONTRACT: Condition Found Report, Change Orders will be transmitted electronically by using email. The bullets below display the process of how these documents are to be followed for the duration of the contract performance period: (a) Condition Found Report (CFR) - All readings and inspections are to be taken within 24 hours after the machinery or system is opened. All reports of reading and inspections required by the specifications shall be submitted to the COR in writing using a "Condition Found Report (CFR)" form, within 24 hours after the readings and/or inspections are made. Promptness in taking and reporting readings is particularly important for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the contractor which are considered abnormal for reasons of safety, expected reliability, health, or habitability. These conditions must be brought to the attention of the Coast Guard using a CFR. Details provided by the Contractor in a CFR are important because the CFR may result in a contract change. To speed the contract change progress, the Contractor should include in his/her CFR the following details as a minimum: (i) A sequential number. (ii) The contract item which the "CFR" relates to. (iii) A clear statement, definition, and description of the condition found, including but not limited to frame numbers, part numbers, materials and dimensions as appropriate. (iv) A proposed or recommended repair to correct the defective condition. (v) Indicate whether the report requires Cost Guard action, or if it is provided "for info" only. If action is required, indicate the response time required by the Coast Guard and whether or not a contract extension would be needed if the additional work is authorized. (vi) A space on the form for the Coast Guard to make comments. (vii) All CFR's will be dated, submitted, and signed by a representative of the Contractor. Contracting Officer's Representative (COR) will respond to the Contractor's within 24 hours of receiving a Condition Found Report. A copy of ALL condition found reports shall be retained in the Cutter's file. (b) Change Request Process will occur in the following order: 1. Condition Found Report-Generated by the contractor and provided to COR . 2. Condition Report Reply-Generated by the COR and provided to Contractor3. Change Request- CR and IGE are generated by the COR and entered in the Contract Workbook. COR will assign the Change request number.4. COR provides copy of Change Request to the Contractor5. Contractor's Proposal- Provided to the KO for the identified tasking on CR6. Negotiations- If needed, take place to establish pricing7. Approved Change Request- Forwarded to Contractor and COR by the KO Change Request must be submitted by the COR to the contractor within 24 hours after responding to the CFR. Contractor must submit proposal to the Contracting Officer within 72 hours receipt of the Change Request. A modification will be issued to incorporate and implement all changes made by change orders. 9. CONTRACT DEFICIENCY REPORT The Contracting Officer or Contracting Officer's Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing. REQUIRED DOCUMENTS: Each Offeror shall furnish the information required by the solicitation, which includes: Section 1: Price Quote including cost breakdown.Section 2: Past Performance / References Proposal (This section should include the offerors completed representations and certifications.); andSection 3: Any issued amendments to the solicitation. Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation. INTERESTED VENDORS PLEASE SEND OFFICIAL QUOTE, WITH A SAM.GOV REGISTERED DUNS NUMBER, AND EMAIL TO DANIEL.J.NIEVES@USCG.MIL

CGC POLAR STAR Compartment Interior, Lead Dust

Department of Homeland Security, United States Coast Guard (USCG) | Published April 19, 2016  -  Deadline April 25, 2016
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. Request for Quotations number is HSCG85-16-Q-P45G73 and is issued as a request for quotations (RFQ). This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This Request for Quotations incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-84 dated Nov 1, 2015. The NAICS Code is 562910. The small business size standard is 750. This is a total small business set aside. All responsible sources may submit proposals that will be considered by the agency. The contract will be awarded on a firm-fixed-price basis using simplified acquisition procedures in accordance with FAR Part 13.5. Past performance will be considered in the selection of the awarded vendor. Please provide a minimum of three examples of past performance. For purposes of evaluation and award, Past Performance is considered to be more important than Price. The United States Coast Guard Surface Force Logistics Center has a requirement for the following:COAST GUARD CUTTER POLAR STARDESCRIPTION: CLIN 0001 - DEFINITE WORK ITEMS These are the items that, if there is an award at all, will be awarded. The offer shall be evaluated to include the offer price for each definite item. ITEM NO. DESCRIPTION UNIT OF ISSUE PRICED-01 Compartment Interior, Lead Dust, as per Statement of Work 1 JB $Period of Performance: 27 April 2016 to 18 May 2016Location: Coast Guard Base Seattle, WA CLIN 0002- COMPOSITE LABOR HOUR RATE The following labor hour rate shall be used in pricing all contract changes in accordance with the ADDENDA clause ( 21) entitled "COMPOSITE LABOR HOUR RATE." LABOR HOUR RATE ESTIMATED QUANTITY** EXTENDED AMOUNT* tiny_mce_marker_________ per hour 40 Hours tiny_mce_marker_______________ **NOTE: The estimated quantity and extended amount indicated above are for evaluation of offerss only. The proposed rate will apply to all changes involving additional work under this contract regardless of the actual total hours required.   COMPOSITE LABOR RATE: The composite labor rate offered shall be the sole labor hour rate used to price the Prime Contractor's direct labor hours for contract changes, i.e. growth work. The Contractor shall not receive any compensation in addition to this rate for the Prime Contractor's direct labor associated with such changes under this contract. (a) The composite labor hour rate shall represent total compensation for the following: (1) direct labor wages and salaries;(2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;(3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;(4) all indirect costs such as overhead and general and administrative expense;(5) any port or association fees, rents, or other levies;(6) profit (fee); and(7) all direct and indirect costs and profit associated with the following support functions: Supervision Quality AssurancePlanning EngineeringSurveyors Worker Transit TimeMaterial Handling TestingCleaners GuardsEstimating Contract AdministrationTransportation Drivers Fire Watches (b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated. 1. 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. The full text of FAR clauses may be accessed electronically at this address: http://www.arnet.gov/far/index.html. FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (MAY 2011) FAR 52.204-7 Systems for Award Management (JUL 2013)FAR 52.204-6 Data Universal Numbering System (DUNS) Number (JUL 2013)FAR 52.204-13 Systems for Award Management Maintenance (JUL 2013)FAR 52.211-14 Notice of Priority Rating for National Defense EMERGENCY Preparedness and Energy Program Use (DO) (APR 2008)FAR 52.211-15 Defense Priorities and Allocation System Rating (APR 2008) D0 A3 ratingFAR 52.215-5 FASCILILE Proposals (OCT 1997)FAR 52.217-5 Evaluation of Options (JUL 1990)FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997)FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I (JUL 1995) FAR 52.228-5 Insurance- Work on Government Installation (JAN 1997) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)FAR 52.242-2 Production Progress Reports (APR 1991)FAR 52.245-1 Government Property (APR 2012)FAR 52.245-4 Government-Furnished Property (Short Form) (JUN 2003) FAR 52.245-9 Use and Charges (APR 2012)FAR 52.249-1 Termination for Convenience of the Government (Fixed Price) (APR 1984)HSAR 3052.211-70 Inex for Specifications (DEC 2003)HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003)HSAR 3052.209-72 Organizational Disclosure of Conflicts of Interest HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 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]: 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. 3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability, (FEB 2014) (DHS FAR CLASS DEVIATION 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request. (End of provision) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - APPLICABLE LICENSES AND PERMITS (JUN 2006) The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within ten (10) days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract. 2. FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2015). Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number and 6) Pricing, and Delivery information,. (7) Offerors are instructed to include a completed copy of Federal Acquisition Regulation (FAR) 52.212-3, "Offerors Representations and Certification--Commercial Items (DEC 2012)" and Alt 1 included with their quotation (the provision is attached), or be registered with Online Reps and Certs, https://www.SAM.gov.ADDENDUM to FAR PROVISION 52.212-1: the following paragraphs are added to the provision:WELDING CERTIFICATIONS AND QUALIFICATIONS This solicitation may contain welding line items as either Definitive or Optional Items. With his/her proposal the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), SFLC Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable certifications and qualifications to the COTR for any welding to be performed on any proposed change request. DRYDOCK CERTIFICATION AND DRYDOCK CALCULATIONS With his/her proposal the Contractor shall provide a current certification of its drydocking facility as required by the specification (Work Item for Routine Drydocking) and SFLC Standard Specification 8634_STD. When requested by the Contracting Officer, the Contractor shall also provide the pre-award calculations described in specification for Routine Drydocking, Cutter Conditions, and Appendix B of the SFLC Standard Specification 8634_STD. Subsequent to contract award, the Government will require the Contractor to provide the docking and un-docking calculations described in Appendix B of the SFLC Standard Specification 8634_STDFAR PROVISION 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS ITEMS (JUN 1988) a. Orders for U.S. Coast Guard specification reference drawings must be placed within 10 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD- ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.). Drawing measurements should be verified by the Contractor prior to ordering materials. FAR PROVISION 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010) ALT IV (a) Submission of cost or pricing data is not required (b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination. The information may be as follows: REQUEST FOR INFORMAL COST BREAKDOWN In addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below: Trade, (i.e. laborers, rigger, etc.) Breakdown of labor grades by trade category Manhours per trade, per labor grade Cost/hour/tradeSupplies/materials (description & cost of each) Sub-totalPension PlansOverhead at a rate of % Profit at a rate of % Total for item 3. FAR 52.212-2 Evaluation-Commercial Items (Oct 2014) - This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. The following evaluation factors shall be considered: Past Performance, Price. Offerors shall submit at least 3 relevant past performance references for contracts with private industry or government instrumentalities (federal, state, or local) performed within the last 3 years. References shall include: 1. Name & contact information of the point of contract (PM/COR), 2. Name of Organization, 3. A brief description of service, 4. Contract Number/Task Order 5. Status (Prime or Sub). The USCG reserves the right to utilize past performance information other than the information submitted with the proposals received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant.The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will evaluate offers and make award to the lowest priced technically acceptable offer that is responsive to the terms of this solicitation.4. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2015) - An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision which can be obtained electronically at http://www.arnet.gov/far.5. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015)The following addendum applies: Address for submission of invoices isUSCG FINANCE CENTERCOMMERCIAL INVOICESPO BOX 4115CHESAPEAKE, VA 23327-4115 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) As prescribed in 32.009-2, insert the following clause: Providing Accelerated Payments to Small Business Subcontractors (Jul 2013)(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. ACCESS TO VESSEL (a) A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security. (b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security. INDEMNIFICATION FOR ACCESS TO VESSELS Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price. INSPECTIONSExcept as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract. The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation. 6. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2016) This clause is required for this solicitation, and applies to this acquisition. (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 (NOV 2015)(2) 52.222-50 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). (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). (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: ___ (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 (OCT 2015) (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. (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 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.__ (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 2015) (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 2015) 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 (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)._X_ (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 (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 (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) 52.222.50, Combating Trafficking in Persons (Mar 2015)_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)__ (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. 13423 and 13514).__ (ii) Alternate I (Jun 2014) of 52.223-13.__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 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 (OCT 2015) (E.O. 13423 and 13514).__ (ii) Alternate I (OCT 2015) of 52.223-16._X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513)._X_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).__ (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)._X_ (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: X (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (3) 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).__ (4) 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).__ (5) 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). __ (6) 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). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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) 52.219-8, 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) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (MAY 2015) (38 U.S.C. 4212).(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(vii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212)(viii) 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.(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(x) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(xi) 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).(xii) 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).(xiii) 52.222-54, Employment Eligibility Verification (OCT 2015).(xiv) 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).(xv) 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.(xvi) 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.(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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.     7. 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items.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 (b) Clauses. 3052.204-71 Contractor Employee Access __Alternate I (SEP 2012)3052.205-70 Advertisement, Publicizing Awards, and Releases (SEPT 2012)3052.215-70 Key Personnel or Facilities (JUN 2003)3052.217-91 Performance (USCG) (DEC 2003) 3052.217-92 Inspection and manner of Doing Work (DEC 2003)3052.217-93 Subcontracts. (USCG) (DEC 2003) 3052.217-95 Liability and Insurance (USCG) (DEC 2003)3052.217-96 Title (USCG) (DEC 2003)3052.217-97 Discharge of Liens (USCG) (DEC 2003)3052.217-98 Delays (USCG) (DEC 2003)3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (USCG) (DEC 2003)3052.217-100 Guarantee (USCG) - guarantee period is 60 days after completion of all work or sea trials (if any) (DEC 2003)3052.223-90 Accident and Fire Reporting (DEC 2003)3052.228-70 Insurance (DEC 2003)3052.242-72 Contracting Officer's Technical Representative (DEC 2003)3052.247-72 F.O.B Destination Only (DEC 2003) The full text of HSAR clauses above may be accessed electronically at this address: http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf 8. DISCOVERIES AND CHANGES TO CONTRACT: Condition Found Report, Change Orders will be transmitted electronically by using email. The bullets below display the process of how these documents are to be followed for the duration of the contract performance period: (a) Condition Found Report (CFR) - All readings and inspections are to be taken within 24 hours after the machinery or system is opened. All reports of reading and inspections required by the specifications shall be submitted to the COR in writing using a "Condition Found Report (CFR)" form, within 24 hours after the readings and/or inspections are made. Promptness in taking and reporting readings is particularly important for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the contractor which are considered abnormal for reasons of safety, expected reliability, health, or habitability. These conditions must be brought to the attention of the Coast Guard using a CFR. Details provided by the Contractor in a CFR are important because the CFR may result in a contract change. To speed the contract change progress, the Contractor should include in his/her CFR the following details as a minimum: (i) A sequential number. (ii) The contract item which the "CFR" relates to. (iii) A clear statement, definition, and description of the condition found, including but not limited to frame numbers, part numbers, materials and dimensions as appropriate. (iv) A proposed or recommended repair to correct the defective condition. (v) Indicate whether the report requires Cost Guard action, or if it is provided "for info" only. If action is required, indicate the response time required by the Coast Guard and whether or not a contract extension would be needed if the additional work is authorized. (vi) A space on the form for the Coast Guard to make comments. (vii) All CFR's will be dated, submitted, and signed by a representative of the Contractor. Contracting Officer's Representative (COR) will respond to the Contractor's within 24 hours of receiving a Condition Found Report. A copy of ALL condition found reports shall be retained in the Cutter's file. (b) Change Request Process will occur in the following order: 1. Condition Found Report-Generated by the contractor and provided to COR . 2. Condition Report Reply-Generated by the COR and provided to Contractor3. Change Request- CR and IGE are generated by the COR and entered in the Contract Workbook. COR will assign the Change request number.4. COR provides copy of Change Request to the Contractor5. Contractor's Proposal- Provided to the KO for the identified tasking on CR6. Negotiations- If needed, take place to establish pricing7. Approved Change Request- Forwarded to Contractor and COR by the KO Change Request must be submitted by the COR to the contractor within 24 hours after responding to the CFR. Contractor must submit proposal to the Contracting Officer within 72 hours receipt of the Change Request. A modification will be issued to incorporate and implement all changes made by change orders. 9. CONTRACT DEFICIENCY REPORT The Contracting Officer or Contracting Officer's Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing.   10. Offerors shall submit quotes as follows - Date: April 25, 2016Time: 1200 Pacific Standard Time (PST)Place: Kristen.J.Thomas@uscg.mil REQUIRED DOCUMENTS: Each Offeror shall furnish the information required by the solicitation, which includes: Section 1: Price Quote including cost breakdown.Section 2: Past Performance / References Proposal (This section should include the offerors completed representations and certifications.); andSection 3: Any issued amendments to the solicitation. ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about April 25, 2016. QUESTIONS: The last day to ask questions will be Apr 22, 2016, 0800 Pacific Standard Time (EST). Questions shall be submitted via e-mail to Kristen.J.Thomas@uscg.mil. After this date, unless amended, questions will not be accepted. For information regarding this solicitation, please contact Kristen Thomas or CWO Sean Hermes at 510-637-5976, 510-637-5985. Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation. 11. Questions and quotes shall be emailed to Kristen.J.Thomas@uscg.mil. Contractors are responsible for verifying receipt of quotes. INTERESTED VENDORS PLEASE SEND OFFICIAL QUOTE, WITH A SAM.GOV REGISTERED DUNS NUMBER, AND EMAIL TO KRISTEN.J.THOMAS@USCG.MIL.  

CGC Healy: Repair and Certify Trash Hoist IAW Provided Spec

Department of Homeland Security, United States Coast Guard (USCG) | Published April 12, 2016  -  Deadline April 20, 2016
cpvs

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. Request for Quotations number is HSCG85-16-Q-P45G18 and is issued as a request for quotations (RFQ). This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This Request for Quotations incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-84 dated Nov 1, 2015. The NAICS Code is 336611. The small business size standard is 1000. All responsible sources may submit proposals that will be considered by the agency. The contract will be awarded on a firm-fixed-price basis using simplified acquisition procedures in accordance with FAR Part 13.5. Past performance will be considered in the selection of the awarded vendor. Please provide a minimum of three examples of past performance. For purposes of evaluation and award, Past Performance is considered to be more important than Price.The United States Coast Guard Surface Force Logistics Center has a requirement for the following:DESCRIPTION: Repair and Certify Trash Hoist IAW Provided SpecLOCATION: CGC Healy, 1801 16th Ave SW, Seattle, WA 98134 PERIOD OF PERFORMANCE: 25 Apr to 06 May 2016 CLIN 0001 - DEFINITE WORK ITEMS These are the items that, if there is an award at all, will be awarded. The offer shall be evaluated to include the offer price for each definite item. ITEM NO. DESCRIPTION UNIT OF ISSUE PRICESee attached $CLIN 0002- COMPOSITE LABOR HOUR RATE The following labor hour rate shall be used in pricing all contract changes in accordance with the ADDENDA clause ( 21) entitled "COMPOSITE LABOR HOUR RATE." LABOR HOUR RATE ESTIMATED QUANTITY** EXTENDED AMOUNT* tiny_mce_marker_________ per hour 50 Hours tiny_mce_marker_______________ **NOTE: The estimated quantity and extended amount indicated above are for evaluation of offerss only. The proposed rate will apply to all changes involving additional work under this contract regardless of the actual total hours required.   COMPOSITE LABOR RATE: The composite labor rate offered shall be the sole labor hour rate used to price the Prime Contractor's direct labor hours for contract changes, i.e. growth work. The Contractor shall not receive any compensation in addition to this rate for the Prime Contractor's direct labor associated with such changes under this contract. (a) The composite labor hour rate shall represent total compensation for the following: (1) direct labor wages and salaries;(2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;(3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;(4) all indirect costs such as overhead and general and administrative expense;(5) any port or association fees, rents, or other levies;(6) profit (fee); and(7) all direct and indirect costs and profit associated with the following support functions: Supervision Quality AssurancePlanning EngineeringSurveyors Worker Transit TimeMaterial Handling TestingCleaners GuardsEstimating Contract AdministrationTransportation Drivers Fire Watches (b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated. 1. 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. The full text of FAR clauses may be accessed electronically at this address: http://www.arnet.gov/far/index.html. FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (MAY 2011) FAR 52.204-7 Systems for Award Management (JUL 2013)FAR 52.204-6 Data Universal Numbering System (DUNS) Number (JUL 2013)FAR 52.204-13 Systems for Award Management Maintenance (JUL 2013)FAR 52.211-14 Notice of Priority Rating for National Defense EMERGENCY Preparedness and Energy Program Use (DO) (APR 2008)FAR 52.211-15 Defense Priorities and Allocation System Rating (APR 2008) D0 A3 ratingFAR 52.215-5 FASCILILE Proposals (OCT 1997)FAR 52.217-5 Evaluation of Options (JUL 1990)FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997)FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I (JUL 1995) FAR 52.228-5 Insurance- Work on Government Installation (JAN 1997) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)FAR 52.242-2 Production Progress Reports (APR 1991)FAR 52.245-1 Government Property (APR 2012)FAR 52.245-4 Government-Furnished Property (Short Form) (JUN 2003) FAR 52.245-9 Use and Charges (APR 2012)FAR 52.249-1 Termination for Convenience of the Government (Fixed Price) (APR 1984)HSAR 3052.211-70 Inex for Specifications (DEC 2003)HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003)HSAR 3052.209-72 Organizational Disclosure of Conflicts of Interest HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 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]: 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. 3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability, (FEB 2014) (DHS FAR CLASS DEVIATION 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request. (End of provision) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - APPLICABLE LICENSES AND PERMITS (JUN 2006) The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within ten (10) days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract. 2. FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2015). Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number and 6) Pricing, and Delivery information,. (7) Offerors are instructed to include a completed copy of Federal Acquisition Regulation (FAR) 52.212-3, "Offerors Representations and Certification--Commercial Items (DEC 2012)" and Alt 1 included with their quotation (the provision is attached), or be registered with Online Reps and Certs, https://www.SAM.gov.ADDENDUM to FAR PROVISION 52.212-1: the following paragraphs are added to the provision:WELDING CERTIFICATIONS AND QUALIFICATIONS This solicitation may contain welding line items as either Definitive or Optional Items. With his/her proposal the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), SFLC Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable certifications and qualifications to the COTR for any welding to be performed on any proposed change request. DRYDOCK CERTIFICATION AND DRYDOCK CALCULATIONS With his/her proposal the Contractor shall provide a current certification of its drydocking facility as required by the specification (Work Item for Routine Drydocking) and SFLC Standard Specification 8634_STD. When requested by the Contracting Officer, the Contractor shall also provide the pre-award calculations described in specification for Routine Drydocking, Cutter Conditions, and Appendix B of the SFLC Standard Specification 8634_STD. Subsequent to contract award, the Government will require the Contractor to provide the docking and un-docking calculations described in Appendix B of the SFLC Standard Specification 8634_STDFAR PROVISION 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS ITEMS (JUN 1988) a. Orders for U.S. Coast Guard specification reference drawings must be placed within 10 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD- ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.). Drawing measurements should be verified by the Contractor prior to ordering materials. FAR PROVISION 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010) ALT IV (a) Submission of cost or pricing data is not required (b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination. The information may be as follows:           REQUEST FOR INFORMAL COST BREAKDOWN In addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below: Trade, (i.e. laborers, rigger, etc.) Breakdown of labor grades by trade category Manhours per trade, per labor grade Cost/hour/tradeSupplies/materials (description & cost of each) Sub-totalPension PlansOverhead at a rate of % Profit at a rate of % Total for item 3. FAR 52.212-2 Evaluation-Commercial Items (Oct 2014) - This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. The following evaluation factors shall be considered: Past Performance, Price. Offerors shall submit at least 3 relevant past performance references for contracts with private industry or government instrumentalities (federal, state, or local) performed within the last 3 years. References shall include: 1. Name & contact information of the point of contract (PM/COR), 2. Name of Organization, 3. A brief description of service, 4. Contract Number/Task Order 5. Status (Prime or Sub). The USCG reserves the right to utilize past performance information other than the information submitted with the proposals received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant.The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will evaluate offers and make award to the lowest priced technically acceptable offer that is responsive to the terms of this solicitation.4. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2015) - An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision which can be obtained electronically at http://www.arnet.gov/far.5. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015) The following addendum applies: Address for submission of invoices isUSCG FINANCE CENTERCOMMERCIAL INVOICESPO BOX 4115CHESAPEAKE, VA 23327-4115 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) As prescribed in 32.009-2, insert the following clause: Providing Accelerated Payments to Small Business Subcontractors (Jul 2013)(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. ACCESS TO VESSEL (a) A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security. (b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security. INDEMNIFICATION FOR ACCESS TO VESSELS Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price. INSPECTIONSExcept as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract. The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation.   6. 52.212-5 Contract Terms and Conditions Required to \Implement Statutes or Executive Orders-Commercial Items (DEC 2015) This clause is required for this solicitation, and applies to this acquisition. (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 (NOV 2015)(2) 52.222-50 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). (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). (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: ___ (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 (OCT 2015) (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. (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 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.__ (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 2015) (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 2015) 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 (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)._X_ (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 (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 (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) 52.222.50, Combating Trafficking in Persons (Mar 2015)_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)__ (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. 13423 and 13514).__ (ii) Alternate I (Jun 2014) of 52.223-13.__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 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 (OCT 2015) (E.O. 13423 and 13514).__ (ii) Alternate I (OCT 2015) of 52.223-16._X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513)._X_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).__ (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)._X_ (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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (3) 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).__ (4) 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).__ (5) 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). __ (6) 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). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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) 52.219-8, 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) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (MAY 2015) (38 U.S.C. 4212).(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(vii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212)(viii) 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.(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(x) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(xi) 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).(xii) 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).(xiii) 52.222-54, Employment Eligibility Verification (OCT 2015).(xiv) 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).(xv) 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.(xvi) 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.(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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. 7. 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items.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 (b) Clauses. 3052.204-71 Contractor Employee Access __Alternate I (SEP 2012)3052.205-70 Advertisement, Publicizing Awards, and Releases (SEPT 2012)3052.215-70 Key Personnel or Facilities (JUN 2003)3052.217-91 Performance (USCG) (DEC 2003) 3052.217-92 Inspection and manner of Doing Work (DEC 2003)3052.217-93 Subcontracts. (USCG) (DEC 2003) 3052.217-95 Liability and Insurance (USCG) (DEC 2003)3052.217-96 Title (USCG) (DEC 2003)3052.217-97 Discharge of Liens (USCG) (DEC 2003)3052.217-98 Delays (USCG) (DEC 2003)3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (USCG) (DEC 2003)3052.217-100 Guarantee (USCG) - guarantee period is 60 days after completion of all work or sea trials (if any) (DEC 2003)3052.223-90 Accident and Fire Reporting (DEC 2003)3052.228-70 Insurance (DEC 2003)3052.242-72 Contracting Officer's Technical Representative (DEC 2003)3052.247-72 F.O.B Destination Only (DEC 2003) The full text of HSAR clauses above may be accessed electronically at this address: http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf 8. DISCOVERIES AND CHANGES TO CONTRACT: Condition Found Report, Change Orders will be transmitted electronically by using email. The bullets below display the process of how these documents are to be followed for the duration of the contract performance period: (a) Condition Found Report (CFR) - All readings and inspections are to be taken within 24 hours after the machinery or system is opened. All reports of reading and inspections required by the specifications shall be submitted to the COR in writing using a "Condition Found Report (CFR)" form, within 24 hours after the readings and/or inspections are made. Promptness in taking and reporting readings is particularly important for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the contractor which are considered abnormal for reasons of safety, expected reliability, health, or habitability. These conditions must be brought to the attention of the Coast Guard using a CFR. Details provided by the Contractor in a CFR are important because the CFR may result in a contract change. To speed the contract change progress, the Contractor should include in his/her CFR the following details as a minimum: (i) A sequential number. (ii) The contract item which the "CFR" relates to. (iii) A clear statement, definition, and description of the condition found, including but not limited to frame numbers, part numbers, materials and dimensions as appropriate. (iv) A proposed or recommended repair to correct the defective condition. (v) Indicate whether the report requires Cost Guard action, or if it is provided "for info" only. If action is required, indicate the response time required by the Coast Guard and whether or not a contract extension would be needed if the additional work is authorized. (vi) A space on the form for the Coast Guard to make comments. (vii) All CFR's will be dated, submitted, and signed by a representative of the Contractor. Contracting Officer's Representative (COR) will respond to the Contractor's within 24 hours of receiving a Condition Found Report. A copy of ALL condition found reports shall be retained in the Cutter's file. (b) Change Request Process will occur in the following order: 1. Condition Found Report-Generated by the contractor and provided to COR . 2. Condition Report Reply-Generated by the COR and provided to Contractor3. Change Request- CR and IGE are generated by the COR and entered in the Contract Workbook. COR will assign the Change request number.4. COR provides copy of Change Request to the Contractor5. Contractor's Proposal- Provided to the KO for the identified tasking on CR6. Negotiations- If needed, take place to establish pricing7. Approved Change Request- Forwarded to Contractor and COR by the KO Change Request must be submitted by the COR to the contractor within 24 hours after responding to the CFR. Contractor must submit proposal to the Contracting Officer within 72 hours receipt of the Change Request. A modification will be issued to incorporate and implement all changes made by change orders. 9. CONTRACT DEFICIENCY REPORT The Contracting Officer or Contracting Officer's Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing.       10. Offerors shall submit quotes as follows - Date: April 20,2015Time: 0800 Pacific Standard Time (PST)Place: London.c.venzon@uscg.mil REQUIRED DOCUMENTS: Each Offeror shall furnish the information required by the solicitation, which includes: Section 1: Price Quote;Section 2: Past Performance / References Proposal (This section should include the offerors completed representations and certifications.); andSection 3: Any issued amendments to the solicitation. QUESTIONS: The last day to ask questions is April 18 , 2016, 0800 Pacific Standard Time (EST). Questions shall be submitted via e-mail to london.c.venzon@uscg.mil. After this date, unless amended, questions will not be accepted. For information regarding this solicitation, please contact SK1 London Venzon (510)637-5993 Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation. 11. Questions and quotes shall be emailed to london.c.venzon@uscg.mill. Contractors are responsible for verifying receipt of quotes. INTERESTED VENDORS PLEASE SEND OFFICIAL QUOTE, WITH A SAM.GOV REGISTERED DUNS NUMBER, AND EMAIL TO london.c.venzon@uscg.mil.  

TROUBLESHOOT AND REPAIR OF THE USCGC SYCAMORE'S CRANE HPU SYSTEM

Department of Homeland Security, United States Coast Guard (USCG) | Published May 24, 2016  -  Deadline June 13, 2016
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. Request for Quotations number is HSCG85-16-Q-P45J45 and is issued as a request for quotations (RFQ). This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This Request for Quotations incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-84 dated Nov 1, 2015. The NAICS Code is 336611. The small business size standard is 1000. This is a total small business set aside. All responsible sources may submit proposals that will be considered by the agency. The contract will be awarded on a firm-fixed-price basis using simplified acquisition procedures in accordance with FAR Part 13.5. Past performance will be considered in the selection of the awarded vendor. Please provide a minimum of three examples of past performance. For purposes of evaluation and award, Past Performance is considered to be more important than Price. The United States Coast Guard Surface Force Logistics Center has a requirement for the following:COAST GUARD SYCAMOREDESCRIPTION: CLIN 0001 - DEFINITE WORK ITEMS These are the items that, if there is an award at all, will be awarded. The offer shall be evaluated to include the offer price for each definite item. ITEM NO. DESCRIPTION UNIT OF ISSUE PRICED-01 TROUBLESHOOT AND REPAIR OF THE USCGC SYCAMORE'S CRANE HPU SYSTEM(SEE ATTACHED SCOPE OF WORK) 1 JB $Period of Performance: 15 JUN 2016 TO 22 JUN 2016Location: Lake Union Dry Dock facility in Seattle Lake Union Drydock1515 Fairview Ave ESeattle, WA 98102 Contact CWO Clegg, Joshua.A.Clegg@uscg.mil (907)424-3434, or CWO Braiden Allen, Braiden.A.Allen@uscg.mil for scheduling ship checks. CLIN 0002- COMPOSITE LABOR HOUR RATE The following labor hour rate shall be used in pricing all contract changes in accordance with the ADDENDA clause ( 21) entitled "COMPOSITE LABOR HOUR RATE." LABOR HOUR RATE ESTIMATED QUANTITY** EXTENDED AMOUNT* tiny_mce_marker_________ per hour 40 Hours tiny_mce_marker_______________ **NOTE: The estimated quantity and extended amount indicated above are for evaluation of offerss only. The proposed rate will apply to all changes involving additional work under this contract regardless of the actual total hours required.   COMPOSITE LABOR RATE: The composite labor rate offered shall be the sole labor hour rate used to price the Prime Contractor's direct labor hours for contract changes, i.e. growth work. The Contractor shall not receive any compensation in addition to this rate for the Prime Contractor's direct labor associated with such changes under this contract. (a) The composite labor hour rate shall represent total compensation for the following: (1) direct labor wages and salaries;(2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;(3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;(4) all indirect costs such as overhead and general and administrative expense;(5) any port or association fees, rents, or other levies;(6) profit (fee); and(7) all direct and indirect costs and profit associated with the following support functions: Supervision Quality AssurancePlanning EngineeringSurveyors Worker Transit TimeMaterial Handling TestingCleaners GuardsEstimating Contract AdministrationTransportation Drivers Fire Watches (b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated. 1. 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. The full text of FAR clauses may be accessed electronically at this address: http://www.arnet.gov/far/index.html. FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (MAY 2011) FAR 52.204-7 Systems for Award Management (JUL 2013)FAR 52.204-6 Data Universal Numbering System (DUNS) Number (JUL 2013)FAR 52.204-13 Systems for Award Management Maintenance (JUL 2013)FAR 52.211-14 Notice of Priority Rating for National Defense EMERGENCY Preparedness and Energy Program Use (DO) (APR 2008)FAR 52.211-15 Defense Priorities and Allocation System Rating (APR 2008) D0 A3 ratingFAR 52.215-5 FASCILILE Proposals (OCT 1997)FAR 52.217-5 Evaluation of Options (JUL 1990)FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997)FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I (JUL 1995) FAR 52.228-5 Insurance- Work on Government Installation (JAN 1997) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)FAR 52.242-2 Production Progress Reports (APR 1991)FAR 52.245-1 Government Property (APR 2012)FAR 52.245-4 Government-Furnished Property (Short Form) (JUN 2003) FAR 52.245-9 Use and Charges (APR 2012)FAR 52.249-1 Termination for Convenience of the Government (Fixed Price) (APR 1984)HSAR 3052.211-70 Inex for Specifications (DEC 2003)HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003)HSAR 3052.209-72 Organizational Disclosure of Conflicts of Interest HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 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]: 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. 3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability, (FEB 2014) (DHS FAR CLASS DEVIATION 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request. (End of provision) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - APPLICABLE LICENSES AND PERMITS (JUN 2006) The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within ten (10) days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract. 2. FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2015). Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number and 6) Pricing, and Delivery information,. (7) Offerors are instructed to include a completed copy of Federal Acquisition Regulation (FAR) 52.212-3, "Offerors Representations and Certification--Commercial Items (DEC 2012)" and Alt 1 included with their quotation (the provision is attached), or be registered with Online Reps and Certs, https://www.SAM.gov.ADDENDUM to FAR PROVISION 52.212-1: the following paragraphs are added to the provision:WELDING CERTIFICATIONS AND QUALIFICATIONS This solicitation may contain welding line items as either Definitive or Optional Items. With his/her proposal the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), SFLC Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable certifications and qualifications to the COTR for any welding to be performed on any proposed change request. FAR PROVISION 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS ITEMS (JUN 1988) a. Orders for U.S. Coast Guard specification reference drawings must be placed within 10 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD- ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.). Drawing measurements should be verified by the Contractor prior to ordering materials. FAR PROVISION 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010) ALT IV (a) Submission of cost or pricing data is not required (b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination. The information may be as follows: REQUEST FOR INFORMAL COST BREAKDOWN In addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below: Trade, (i.e. laborers, rigger, etc.) Breakdown of labor grades by trade category Manhours per trade, per labor grade Cost/hour/tradeSupplies/materials (description & cost of each) Sub-totalPension PlansOverhead at a rate of % Profit at a rate of % Total for item 3. FAR 52.212-2 Evaluation-Commercial Items (Oct 2014) - This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. The following evaluation factors shall be considered: Past Performance, Price. Offerors shall submit at least 3 relevant past performance references for contracts with private industry or government instrumentalities (federal, state, or local) performed within the last 3 years. References shall include: 1. Name & contact information of the point of contract (PM/COR), 2. Name of Organization, 3. A brief description of service, 4. Contract Number/Task Order 5. Status (Prime or Sub). The USCG reserves the right to utilize past performance information other than the information submitted with the proposals received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant.The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will evaluate offers and make award to the lowest priced technically acceptable offer that is responsive to the terms of this solicitation.4. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2015) - An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision which can be obtained electronically at http://www.arnet.gov/far.5. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015)The following addendum applies: Address for submission of invoices isUSCG FINANCE CENTERCOMMERCIAL INVOICESPO BOX 4115CHESAPEAKE, VA 23327-4115 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) As prescribed in 32.009-2, insert the following clause: Providing Accelerated Payments to Small Business Subcontractors (Jul 2013)(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. ACCESS TO VESSEL (a) A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security. (b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security. INDEMNIFICATION FOR ACCESS TO VESSELS Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price. INSPECTIONSExcept as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract. The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation. 6. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2016) This clause is required for this solicitation, and applies to this acquisition. (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 (NOV 2015)(2) 52.222-50 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). (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). (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: ___ (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 (OCT 2015) (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. (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 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.__ (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 2015) (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 2015) 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 (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)._X_ (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 (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 (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) 52.222.50, Combating Trafficking in Persons (Mar 2015)_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)__ (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. 13423 and 13514).__ (ii) Alternate I (Jun 2014) of 52.223-13.__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 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 (OCT 2015) (E.O. 13423 and 13514).__ (ii) Alternate I (OCT 2015) of 52.223-16._X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513)._X_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).__ (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)._X_ (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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (3) 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).__ (4) 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).__ (5) 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). __ (6) 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). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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) 52.219-8, 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) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (MAY 2015) (38 U.S.C. 4212).(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(vii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212)(viii) 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.(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(x) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(xi) 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).(xii) 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).(xiii) 52.222-54, Employment Eligibility Verification (OCT 2015).(xiv) 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).(xv) 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.(xvi) 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.(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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.     7. 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items.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 (b) Clauses. 3052.204-71 Contractor Employee Access __Alternate I (SEP 2012)3052.205-70 Advertisement, Publicizing Awards, and Releases (SEPT 2012)3052.215-70 Key Personnel or Facilities (JUN 2003)3052.217-91 Performance (USCG) (DEC 2003) 3052.217-92 Inspection and manner of Doing Work (DEC 2003)3052.217-93 Subcontracts. (USCG) (DEC 2003) 3052.217-95 Liability and Insurance (USCG) (DEC 2003)3052.217-96 Title (USCG) (DEC 2003)3052.217-97 Discharge of Liens (USCG) (DEC 2003)3052.217-98 Delays (USCG) (DEC 2003)3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (USCG) (DEC 2003)3052.217-100 Guarantee (USCG) - guarantee period is 60 days after completion of all work or sea trials (if any) (DEC 2003)3052.223-90 Accident and Fire Reporting (DEC 2003)3052.228-70 Insurance (DEC 2003)3052.242-72 Contracting Officer's Technical Representative (DEC 2003)3052.247-72 F.O.B Destination Only (DEC 2003) The full text of HSAR clauses above may be accessed electronically at this address: http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf 8. DISCOVERIES AND CHANGES TO CONTRACT: Condition Found Report, Change Orders will be transmitted electronically by using email. The bullets below display the process of how these documents are to be followed for the duration of the contract performance period: (a) Condition Found Report (CFR) - All readings and inspections are to be taken within 24 hours after the machinery or system is opened. All reports of reading and inspections required by the specifications shall be submitted to the COR in writing using a "Condition Found Report (CFR)" form, within 24 hours after the readings and/or inspections are made. Promptness in taking and reporting readings is particularly important for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the contractor which are considered abnormal for reasons of safety, expected reliability, health, or habitability. These conditions must be brought to the attention of the Coast Guard using a CFR. Details provided by the Contractor in a CFR are important because the CFR may result in a contract change. To speed the contract change progress, the Contractor should include in his/her CFR the following details as a minimum: (i) A sequential number. (ii) The contract item which the "CFR" relates to. (iii) A clear statement, definition, and description of the condition found, including but not limited to frame numbers, part numbers, materials and dimensions as appropriate. (iv) A proposed or recommended repair to correct the defective condition. (v) Indicate whether the report requires Cost Guard action, or if it is provided "for info" only. If action is required, indicate the response time required by the Coast Guard and whether or not a contract extension would be needed if the additional work is authorized. (vi) A space on the form for the Coast Guard to make comments. (vii) All CFR's will be dated, submitted, and signed by a representative of the Contractor. Contracting Officer's Representative (COR) will respond to the Contractor's within 24 hours of receiving a Condition Found Report. A copy of ALL condition found reports shall be retained in the Cutter's file. (b) Change Request Process will occur in the following order: 1. Condition Found Report-Generated by the contractor and provided to COR . 2. Condition Report Reply-Generated by the COR and provided to Contractor3. Change Request- CR and IGE are generated by the COR and entered in the Contract Workbook. COR will assign the Change request number.4. COR provides copy of Change Request to the Contractor5. Contractor's Proposal- Provided to the KO for the identified tasking on CR6. Negotiations- If needed, take place to establish pricing7. Approved Change Request- Forwarded to Contractor and COR by the KO Change Request must be submitted by the COR to the contractor within 24 hours after responding to the CFR. Contractor must submit proposal to the Contracting Officer within 72 hours receipt of the Change Request. A modification will be issued to incorporate and implement all changes made by change orders. 9. CONTRACT DEFICIENCY REPORT The Contracting Officer or Contracting Officer's Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing.   10. Offerors shall submit quotes as follows - Date: June 13, 2016Time: 0800 Pacific Standard Time (PST)Place: edwin.x.colonmelendez@uscg.mil REQUIRED DOCUMENTS: Each Offeror shall furnish the information required by the solicitation, which includes: Section 1: Price Quote including cost breakdown.Section 2: Past Performance / References Proposal (This section should include the offerors completed representations and certifications.); andSection 3: Any issued amendments to the solicitation. ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about June 14th, 2016. QUESTIONS: The last day to ask questions will be June 10, 1200 Pacific Standard Time (EST). Questions shall be submitted via e-mail to edwin.x.colonmelendez@uscg.mil. After this date, unless amended, questions will not be accepted. For information regarding this solicitation, please contact Edwin Colon-Melendez at 510-637-5934. Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation. 11. Questions and quotes shall be emailed to edwin.x.colonmelendez@uscg.mil. Contractors are responsible for verifying receipt of quotes. INTERESTED VENDORS PLEASE SEND OFFICIAL QUOTE, WITH A SAM.GOV REGISTERED DUNS NUMBER, AND EMAIL TO edwin.x.colonmelendez@uscg.mil.  

CGC POLAR STAR LEAD Cleaning

Department of Homeland Security, United States Coast Guard (USCG) | Published May 10, 2016  -  Deadline May 17, 2016
cpvs

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. Request for Quotations number is HSCG85-16-Q-P45J13 and is issued as a request for quotations (RFQ). This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This Request for Quotations incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-84 dated Nov 1, 2015. The NAICS Code is 562910. The small business size standard is 750. This is a total small business set aside. All responsible sources may submit proposals that will be considered by the agency. The contract will be awarded on a firm-fixed-price basis using simplified acquisition procedures in accordance with FAR Part 13.5. Past performance will be considered in the selection of the awarded vendor. Please provide a minimum of three examples of past performance. For purposes of evaluation and award, Past Performance is considered to be more important than Price. The United States Coast Guard Surface Force Logistics Center has a requirement for the following:COAST GUARD CUTTER POLAR STARDESCRIPTION: CLIN 0001 - DEFINITE WORK ITEMS These are the items that, if there is an award at all, will be awarded. The offer shall be evaluated to include the offer price for each definite item. ITEM NO. DESCRIPTION UNIT OF ISSUE PRICED-01 Compartment Interior, Lead Dust as per Statement of Work 1 JB $Period of Performance: 1 June 2016 to 30 June 2016***CUTTER will be unavailable for a period of up to four days after completion of first space to allow movement of work.Location: Vigor Marine, Seattle, WA CLIN 0002- COMPOSITE LABOR HOUR RATE The following labor hour rate shall be used in pricing all contract changes in accordance with the ADDENDA clause ( 21) entitled "COMPOSITE LABOR HOUR RATE." LABOR HOUR RATE ESTIMATED QUANTITY** EXTENDED AMOUNT* tiny_mce_marker_________ per hour 40 Hours tiny_mce_marker_______________ **NOTE: The estimated quantity and extended amount indicated above are for evaluation of offerss only. The proposed rate will apply to all changes involving additional work under this contract regardless of the actual total hours required.   COMPOSITE LABOR RATE: The composite labor rate offered shall be the sole labor hour rate used to price the Prime Contractor's direct labor hours for contract changes, i.e. growth work. The Contractor shall not receive any compensation in addition to this rate for the Prime Contractor's direct labor associated with such changes under this contract. (a) The composite labor hour rate shall represent total compensation for the following: (1) direct labor wages and salaries;(2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;(3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;(4) all indirect costs such as overhead and general and administrative expense;(5) any port or association fees, rents, or other levies;(6) profit (fee); and(7) all direct and indirect costs and profit associated with the following support functions: Supervision Quality AssurancePlanning EngineeringSurveyors Worker Transit TimeMaterial Handling TestingCleaners GuardsEstimating Contract AdministrationTransportation Drivers Fire Watches (b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated. 1. 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. The full text of FAR clauses may be accessed electronically at this address: http://www.arnet.gov/far/index.html. FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (MAY 2011) FAR 52.204-7 Systems for Award Management (JUL 2013)FAR 52.204-6 Data Universal Numbering System (DUNS) Number (JUL 2013)FAR 52.204-13 Systems for Award Management Maintenance (JUL 2013)FAR 52.211-14 Notice of Priority Rating for National Defense EMERGENCY Preparedness and Energy Program Use (DO) (APR 2008)FAR 52.211-15 Defense Priorities and Allocation System Rating (APR 2008) D0 A3 ratingFAR 52.215-5 FASCILILE Proposals (OCT 1997)FAR 52.217-5 Evaluation of Options (JUL 1990)FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997)FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I (JUL 1995) FAR 52.228-5 Insurance- Work on Government Installation (JAN 1997) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)FAR 52.242-2 Production Progress Reports (APR 1991)FAR 52.245-1 Government Property (APR 2012)FAR 52.245-4 Government-Furnished Property (Short Form) (JUN 2003) FAR 52.245-9 Use and Charges (APR 2012)FAR 52.249-1 Termination for Convenience of the Government (Fixed Price) (APR 1984)HSAR 3052.211-70 Inex for Specifications (DEC 2003)HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003)HSAR 3052.209-72 Organizational Disclosure of Conflicts of Interest HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 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]: 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. 3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability, (FEB 2014) (DHS FAR CLASS DEVIATION 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request. (End of provision) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - APPLICABLE LICENSES AND PERMITS (JUN 2006) The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within ten (10) days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract. 2. FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2015). Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number and 6) Pricing, and Delivery information,. (7) Offerors are instructed to include a completed copy of Federal Acquisition Regulation (FAR) 52.212-3, "Offerors Representations and Certification--Commercial Items (DEC 2012)" and Alt 1 included with their quotation (the provision is attached), or be registered with Online Reps and Certs, https://www.SAM.gov.ADDENDUM to FAR PROVISION 52.212-1: the following paragraphs are added to the provision:WELDING CERTIFICATIONS AND QUALIFICATIONS This solicitation may contain welding line items as either Definitive or Optional Items. With his/her proposal the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), SFLC Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable certifications and qualifications to the COTR for any welding to be performed on any proposed change request. DRYDOCK CERTIFICATION AND DRYDOCK CALCULATIONS With his/her proposal the Contractor shall provide a current certification of its drydocking facility as required by the specification (Work Item for Routine Drydocking) and SFLC Standard Specification 8634_STD. When requested by the Contracting Officer, the Contractor shall also provide the pre-award calculations described in specification for Routine Drydocking, Cutter Conditions, and Appendix B of the SFLC Standard Specification 8634_STD. Subsequent to contract award, the Government will require the Contractor to provide the docking and un-docking calculations described in Appendix B of the SFLC Standard Specification 8634_STDFAR PROVISION 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS ITEMS (JUN 1988) a. Orders for U.S. Coast Guard specification reference drawings must be placed within 10 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD- ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.). Drawing measurements should be verified by the Contractor prior to ordering materials. FAR PROVISION 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010) ALT IV (a) Submission of cost or pricing data is not required (b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination. The information may be as follows: REQUEST FOR INFORMAL COST BREAKDOWN In addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below: Trade, (i.e. laborers, rigger, etc.) Breakdown of labor grades by trade category Manhours per trade, per labor grade Cost/hour/tradeSupplies/materials (description & cost of each) Sub-totalPension PlansOverhead at a rate of % Profit at a rate of % Total for item 3. FAR 52.212-2 Evaluation-Commercial Items (Oct 2014) - This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. The following evaluation factors shall be considered: Past Performance, Price. Offerors shall submit at least 3 relevant past performance references for contracts with private industry or government instrumentalities (federal, state, or local) performed within the last 3 years. References shall include: 1. Name & contact information of the point of contract (PM/COR), 2. Name of Organization, 3. A brief description of service, 4. Contract Number/Task Order 5. Status (Prime or Sub). The USCG reserves the right to utilize past performance information other than the information submitted with the proposals received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant.The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will evaluate offers and make award to the lowest priced technically acceptable offer that is responsive to the terms of this solicitation.4. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2015) - An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision which can be obtained electronically at http://www.arnet.gov/far.5. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015)The following addendum applies: Address for submission of invoices isUSCG FINANCE CENTERCOMMERCIAL INVOICESPO BOX 4115CHESAPEAKE, VA 23327-4115 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) As prescribed in 32.009-2, insert the following clause: Providing Accelerated Payments to Small Business Subcontractors (Jul 2013)(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. ACCESS TO VESSEL (a) A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security. (b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security. INDEMNIFICATION FOR ACCESS TO VESSELS Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price. INSPECTIONSExcept as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract. The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation. 6. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2016) This clause is required for this solicitation, and applies to this acquisition. (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 (NOV 2015)(2) 52.222-50 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). (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). (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: ___ (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 (OCT 2015) (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. (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 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.__ (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 2015) (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 2015) 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 (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)._X_ (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 (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 (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) 52.222.50, Combating Trafficking in Persons (Mar 2015)_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)__ (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. 13423 and 13514).__ (ii) Alternate I (Jun 2014) of 52.223-13.__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 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 (OCT 2015) (E.O. 13423 and 13514).__ (ii) Alternate I (OCT 2015) of 52.223-16._X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513)._X_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).__ (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)._X_ (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: X (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (3) 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).__ (4) 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).__ (5) 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). __ (6) 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). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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) 52.219-8, 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) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (MAY 2015) (38 U.S.C. 4212).(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(vii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212)(viii) 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.(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(x) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(xi) 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).(xii) 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).(xiii) 52.222-54, Employment Eligibility Verification (OCT 2015).(xiv) 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).(xv) 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.(xvi) 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.(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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.     7. 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items.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 (b) Clauses. 3052.204-71 Contractor Employee Access __Alternate I (SEP 2012)3052.205-70 Advertisement, Publicizing Awards, and Releases (SEPT 2012)3052.215-70 Key Personnel or Facilities (JUN 2003)3052.217-91 Performance (USCG) (DEC 2003) 3052.217-92 Inspection and manner of Doing Work (DEC 2003)3052.217-93 Subcontracts. (USCG) (DEC 2003) 3052.217-95 Liability and Insurance (USCG) (DEC 2003)3052.217-96 Title (USCG) (DEC 2003)3052.217-97 Discharge of Liens (USCG) (DEC 2003)3052.217-98 Delays (USCG) (DEC 2003)3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (USCG) (DEC 2003)3052.217-100 Guarantee (USCG) - guarantee period is 60 days after completion of all work or sea trials (if any) (DEC 2003)3052.223-90 Accident and Fire Reporting (DEC 2003)3052.228-70 Insurance (DEC 2003)3052.242-72 Contracting Officer's Technical Representative (DEC 2003)3052.247-72 F.O.B Destination Only (DEC 2003) The full text of HSAR clauses above may be accessed electronically at this address: http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf 8. DISCOVERIES AND CHANGES TO CONTRACT: Condition Found Report, Change Orders will be transmitted electronically by using email. The bullets below display the process of how these documents are to be followed for the duration of the contract performance period: (a) Condition Found Report (CFR) - All readings and inspections are to be taken within 24 hours after the machinery or system is opened. All reports of reading and inspections required by the specifications shall be submitted to the COR in writing using a "Condition Found Report (CFR)" form, within 24 hours after the readings and/or inspections are made. Promptness in taking and reporting readings is particularly important for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the contractor which are considered abnormal for reasons of safety, expected reliability, health, or habitability. These conditions must be brought to the attention of the Coast Guard using a CFR. Details provided by the Contractor in a CFR are important because the CFR may result in a contract change. To speed the contract change progress, the Contractor should include in his/her CFR the following details as a minimum: (i) A sequential number. (ii) The contract item which the "CFR" relates to. (iii) A clear statement, definition, and description of the condition found, including but not limited to frame numbers, part numbers, materials and dimensions as appropriate. (iv) A proposed or recommended repair to correct the defective condition. (v) Indicate whether the report requires Cost Guard action, or if it is provided "for info" only. If action is required, indicate the response time required by the Coast Guard and whether or not a contract extension would be needed if the additional work is authorized. (vi) A space on the form for the Coast Guard to make comments. (vii) All CFR's will be dated, submitted, and signed by a representative of the Contractor. Contracting Officer's Representative (COR) will respond to the Contractor's within 24 hours of receiving a Condition Found Report. A copy of ALL condition found reports shall be retained in the Cutter's file. (b) Change Request Process will occur in the following order: 1. Condition Found Report-Generated by the contractor and provided to COR . 2. Condition Report Reply-Generated by the COR and provided to Contractor3. Change Request- CR and IGE are generated by the COR and entered in the Contract Workbook. COR will assign the Change request number.4. COR provides copy of Change Request to the Contractor5. Contractor's Proposal- Provided to the KO for the identified tasking on CR6. Negotiations- If needed, take place to establish pricing7. Approved Change Request- Forwarded to Contractor and COR by the KO Change Request must be submitted by the COR to the contractor within 24 hours after responding to the CFR. Contractor must submit proposal to the Contracting Officer within 72 hours receipt of the Change Request. A modification will be issued to incorporate and implement all changes made by change orders. 9. CONTRACT DEFICIENCY REPORT The Contracting Officer or Contracting Officer's Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing.   10. Offerors shall submit quotes as follows - Date: May 17, 2016Time: 1500 Pacific Standard Time (PST)Place: Kristen.J.Thomas@uscg.mil REQUIRED DOCUMENTS: Each Offeror shall furnish the information required by the solicitation, which includes: Section 1: Price Quote including cost breakdown.Section 2: Past Performance / References Proposal (This section should include the offerors completed representations and certifications.); andSection 3: Any issued amendments to the solicitation. ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about May 18, 2016. QUESTIONS: The last day to ask questions will be May 13, 2016, 0800 Pacific Standard Time (EST). Questions shall be submitted via e-mail to Kristen.J.Thomas@uscg.mil. After this date, unless amended, questions will not be accepted. For information regarding this solicitation, please contact Kristen Thomas or CWO Sean Hermes at 510-637-5976, 510-637-5985. . Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation. 11. Questions and quotes shall be emailed to Kristen.J.Thomas@uscg.mil. Contractors are responsible for verifying receipt of quotes. INTERESTED VENDORS PLEASE SEND OFFICIAL QUOTE, WITH A SAM.GOV REGISTERED DUNS NUMBER, AND EMAIL TO KRISTEN.J.THOMAS@USCG.MIL.  

Lube Oil Purifier Repair, CGC Polar Star

Department of Homeland Security, United States Coast Guard (USCG) | Published July 29, 2016  -  Deadline August 8, 2016
cpvs

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. Request for Quotations number is HSCG85-16-Q-P45R12 and is issued as a request for quotations (RFQ). This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This Request for Quotations incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-84 dated Nov 1, 2015. The NAICS code is 336611. The small business size standard is 1,000. This is a 100% small business set-aside. All responsible sources may submit proposals that will be considered by the agency. Prospective Offeror's are responsible for downloading the solicitation and any amendments. It is the offeror's responsibility to monitor FedBizOpps website for the release of any amendments to this solicitation. The contract will be awarded on a firm-fixed-price basis using simplified acquisition procedures in accordance with FAR Part 13.5. The United States Coast Guard Surface Force Logistics Center has a requirement for the following:COAST GUARD CUTTER POLAR STAR DESCRIPTION: CONDUCT REPAIR OF NBR 1B AND NBR 3 LUBE OIL PURIFIERS, ALFA LAVAL MODEL WHPX405 PER SCOPE OF WORK. CLIN 0001 - DEFINITE WORK ITEMS These are the items that, if there is an award at all, will be awarded. The offer shall be evaluated to include the offer price for each definite item. ITEM NO. DESCRIPTION UNIT OF ISSUE PRICED-01 Lube Oil Purifier Repair per Scope of Work 1 JB $Period of Performance: August 16-26, 2016Location: Seattle, WA.CLIN 0002- COMPOSITE LABOR HOUR RATE The following labor hour rate shall be used in pricing all contract changes in accordance with the ADDENDA clause ( 21) entitled "COMPOSITE LABOR HOUR RATE." LABOR HOUR RATE ESTIMATED QUANTITY** EXTENDED AMOUNT* tiny_mce_marker_________ per hour 40 Hours tiny_mce_marker_______________ **NOTE: The estimated quantity and extended amount indicated above are for evaluation of offers only. The proposed rate will apply to all changes involving additional work under this contract regardless of the actual total hours required.   COMPOSITE LABOR RATE: The composite labor rate offered shall be the sole labor hour rate used to price the Prime Contractor's direct labor hours for contract changes, i.e. growth work. The Contractor shall not receive any compensation in addition to this rate for the Prime Contractor's direct labor associated with such changes under this contract. (a) The composite labor hour rate shall represent total compensation for the following: (1) direct labor wages and salaries;(2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;(3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;(4) all indirect costs such as overhead and general and administrative expense;(5) any port or association fees, rents, or other levies;(6) profit (fee); and(7) all direct and indirect costs and profit associated with the following support functions: Supervision Quality AssurancePlanning EngineeringSurveyors Worker Transit TimeMaterial Handling TestingCleaners GuardsEstimating Contract AdministrationTransportation Drivers Fire Watches (b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated. 1. 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. The full text of FAR clauses may be accessed electronically at this address: http://www.arnet.gov/far/index.html. FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (MAY 2011) FAR 52.204-7 Systems for Award Management (JUL 2013)FAR 52.204-6 Data Universal Numbering System (DUNS) Number (JUL 2013)FAR 52.204-13 Systems for Award Management Maintenance (JUL 2013)FAR 52.211-14 Notice of Priority Rating for National Defense EMERGENCY Preparedness and Energy Program Use (DO) (APR 2008)FAR 52.211-15 Defense Priorities and Allocation System Rating (APR 2008) D0 A3 ratingFAR 52.215-5 FASCILILE Proposals (OCT 1997)FAR 52.217-5 Evaluation of Options (JUL 1990)FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997)FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I (JUL 1995) FAR 52.228-5 Insurance- Work on Government Installation (JAN 1997) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)FAR 52.242-2 Production Progress Reports (APR 1991)FAR 52.245-1 Government Property (APR 2012)FAR 52.245-4 Government-Furnished Property (Short Form) (JUN 2003) FAR 52.245-9 Use and Charges (APR 2012)FAR 52.249-1 Termination for Convenience of the Government (Fixed Price) (APR 1984)HSAR 3052.211-70 Inex for Specifications (DEC 2003)HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003)HSAR 3052.209-72 Organizational Disclosure of Conflicts of Interest HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 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]: 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. 3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability, (FEB 2014) (DHS FAR CLASS DEVIATION 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request. (End of provision) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - APPLICABLE LICENSES AND PERMITS (JUN 2006) The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within ten (10) days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract. 2. FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2015). Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number and 6) Pricing, and Delivery information,. (7) Offerors are instructed to include a completed copy of Federal Acquisition Regulation (FAR) 52.212-3, "Offerors Representations and Certification--Commercial Items (DEC 2012)" and Alt 1 included with their quotation (the provision is attached), or be registered with Online Reps and Certs, https://www.SAM.gov.ADDENDUM to FAR PROVISION 52.212-1: the following paragraphs are added to the provision:WELDING CERTIFICATIONS AND QUALIFICATIONS This solicitation may contain welding line items as either Definitive or Optional Items. With his/her proposal the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), SFLC Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable certifications and qualifications to the COTR for any welding to be performed on any proposed change request. DRYDOCK CERTIFICATION AND DRYDOCK CALCULATIONS With his/her proposal the Contractor shall provide a current certification of its drydocking facility as required by the specification (Work Item for Routine Drydocking) and SFLC Standard Specification 8634_STD. When requested by the Contracting Officer, the Contractor shall also provide the pre-award calculations described in specification for Routine Drydocking, Cutter Conditions, and Appendix B of the SFLC Standard Specification 8634_STD. Subsequent to contract award, the Government will require the Contractor to provide the docking and un-docking calculations described in Appendix B of the SFLC Standard Specification 8634_STDFAR PROVISION 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS ITEMS (JUN 1988) a. Orders for U.S. Coast Guard specification reference drawings must be placed within 10 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD- ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.). Drawing measurements should be verified by the Contractor prior to ordering materials. FAR PROVISION 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010) ALT IV (a) Submission of cost or pricing data is not required (b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination. The information may be as follows: REQUEST FOR INFORMAL COST BREAKDOWN In addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below: Trade, (i.e. laborers, rigger, etc.) Breakdown of labor grades by trade category Manhours per trade, per labor grade Cost/hour/tradeSupplies/materials (description & cost of each) Sub-totalPension PlansOverhead at a rate of % Profit at a rate of % Total for item 3. FAR 52.212-2 Evaluation-Commercial Items (Oct 2014) - This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. The following evaluation factors shall be considered: Past Performance, Price. Offerors shall submit at least 3 relevant past performance references for contracts with private industry or government instrumentalities (federal, state, or local) performed within the last 3 years. References shall include: 1. Name & contact information of the point of contract (PM/COR), 2. Name of Organization, 3. A brief description of service, 4. Contract Number/Task Order 5. Status (Prime or Sub). The USCG reserves the right to utilize past performance information other than the information submitted with the proposals received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant.The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will evaluate offers and make award to the lowest priced technically acceptable offer that is responsive to the terms of this solicitation.4. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2015) - An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision which can be obtained electronically at http://www.arnet.gov/far.5. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015)The following addendum applies: Address for submission of invoices isUSCG FINANCE CENTERCOMMERCIAL INVOICESPO BOX 4115CHESAPEAKE, VA 23327-4115 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) As prescribed in 32.009-2, insert the following clause: Providing Accelerated Payments to Small Business Subcontractors (Jul 2013)(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. ACCESS TO VESSEL (a) A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security. (b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security. INDEMNIFICATION FOR ACCESS TO VESSELS Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price. INSPECTIONSExcept as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract. The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation. 6. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2016) This clause is required for this solicitation, and applies to this acquisition. (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 (NOV 2015)(2) 52.222-50 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). (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). (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: ___ (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 (OCT 2015) (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. (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 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.__ (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 2015) (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 2015) 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 (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)._X_ (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 (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 (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) 52.222.50, Combating Trafficking in Persons (Mar 2015)_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)__ (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. 13423 and 13514).__ (ii) Alternate I (Jun 2014) of 52.223-13.__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 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 (OCT 2015) (E.O. 13423 and 13514).__ (ii) Alternate I (OCT 2015) of 52.223-16._X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513)._X_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).__ (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)._X_ (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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (3) 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).__ (4) 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).__ (5) 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). __ (6) 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). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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) 52.219-8, 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) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (MAY 2015) (38 U.S.C. 4212).(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(vii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212)(viii) 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.(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(x) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(xi) 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).(xii) 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).(xiii) 52.222-54, Employment Eligibility Verification (OCT 2015).(xiv) 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).(xv) 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.(xvi) 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.(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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.     7. 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items.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 (b) Clauses. 3052.204-71 Contractor Employee Access __Alternate I (SEP 2012)3052.205-70 Advertisement, Publicizing Awards, and Releases (SEPT 2012)3052.215-70 Key Personnel or Facilities (JUN 2003)3052.217-91 Performance (USCG) (DEC 2003) 3052.217-92 Inspection and manner of Doing Work (DEC 2003)3052.217-93 Subcontracts. (USCG) (DEC 2003) 3052.217-95 Liability and Insurance (USCG) (DEC 2003)3052.217-96 Title (USCG) (DEC 2003)3052.217-97 Discharge of Liens (USCG) (DEC 2003)3052.217-98 Delays (USCG) (DEC 2003)3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (USCG) (DEC 2003)3052.217-100 Guarantee (USCG) - guarantee period is 60 days after completion of all work or sea trials (if any) (DEC 2003)3052.223-90 Accident and Fire Reporting (DEC 2003)3052.228-70 Insurance (DEC 2003)3052.242-72 Contracting Officer's Technical Representative (DEC 2003)3052.247-72 F.O.B Destination Only (DEC 2003) The full text of HSAR clauses above may be accessed electronically at this address: http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf 8. DISCOVERIES AND CHANGES TO CONTRACT: Condition Found Report, Change Orders will be transmitted electronically by using email. The bullets below display the process of how these documents are to be followed for the duration of the contract performance period: (a) Condition Found Report (CFR) - All readings and inspections are to be taken within 24 hours after the machinery or system is opened. All reports of reading and inspections required by the specifications shall be submitted to the COR in writing using a "Condition Found Report (CFR)" form, within 24 hours after the readings and/or inspections are made. Promptness in taking and reporting readings is particularly important for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the contractor which are considered abnormal for reasons of safety, expected reliability, health, or habitability. These conditions must be brought to the attention of the Coast Guard using a CFR. Details provided by the Contractor in a CFR are important because the CFR may result in a contract change. To speed the contract change progress, the Contractor should include in his/her CFR the following details as a minimum: (i) A sequential number. (ii) The contract item which the "CFR" relates to. (iii) A clear statement, definition, and description of the condition found, including but not limited to frame numbers, part numbers, materials and dimensions as appropriate. (iv) A proposed or recommended repair to correct the defective condition. (v) Indicate whether the report requires Cost Guard action, or if it is provided "for info" only. If action is required, indicate the response time required by the Coast Guard and whether or not a contract extension would be needed if the additional work is authorized. (vi) A space on the form for the Coast Guard to make comments. (vii) All CFR's will be dated, submitted, and signed by a representative of the Contractor. Contracting Officer's Representative (COR) will respond to the Contractor's within 24 hours of receiving a Condition Found Report. A copy of ALL condition found reports shall be retained in the Cutter's file. (b) Change Request Process will occur in the following order: 1. Condition Found Report-Generated by the contractor and provided to COR . 2. Condition Report Reply-Generated by the COR and provided to Contractor3. Change Request- CR and IGE are generated by the COR and entered in the Contract Workbook. COR will assign the Change request number.4. COR provides copy of Change Request to the Contractor5. Contractor's Proposal- Provided to the KO for the identified tasking on CR6. Negotiations- If needed, take place to establish pricing7. Approved Change Request- Forwarded to Contractor and COR by the KO Change Request must be submitted by the COR to the contractor within 24 hours after responding to the CFR. Contractor must submit proposal to the Contracting Officer within 72 hours receipt of the Change Request. A modification will be issued to incorporate and implement all changes made by change orders. 9. CONTRACT DEFICIENCY REPORT The Contracting Officer or Contracting Officer's Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing.   10. Offerors shall submit quotes as follows - Date: August 08, 2016Time: 0800 Pacific Standard Time (PST)Place: Mitchell.A.Robison@uscg.mil REQUIRED DOCUMENTS: Each Offeror shall furnish the information required by the solicitation, which includes: Section 1: Price Quote including cost breakdown.Section 2: Past Performance / References Proposal (This section should include the offerors completed representations and certifications.); andSection 3: Any issued amendments to the solicitation. ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about August 08, 2016. For information regarding this solicitation, please contact SK1 Mitchell Robison. Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation. 11. Questions and quotes shall be emailed to Mitchell.A.Robison@uscg.mil. Contractors are responsible for verifying receipt of quotes. INTERESTED VENDORS PLEASE SEND OFFICIAL QUOTE, WITH A SAM.GOV REGISTERED DUNS NUMBER, AND EMAIL TO MITCHELL.A.ROBISON@USCG.MIL.

CGC Polar Star: Conduct Repairs OF Multiple Oil Purifiers As per SOW Provided

Department of Homeland Security, United States Coast Guard (USCG) | Published April 7, 2016  -  Deadline April 18, 2016
cpvs

FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (MAY 2011) FAR 52.204-7 Systems for Award Management (JUL 2013)FAR 52.204-6 Data Universal Numbering System (DUNS) Number (JUL 2013)FAR 52.204-13 Systems for Award Management Maintenance (JUL 2013)FAR 52.211-14 Notice of Priority Rating for National Defense EMERGENCY Preparedness and Energy Program Use (DO) (APR 2008)FAR 52.211-15 Defense Priorities and Allocation System Rating (APR 2008) D0 A3 ratingFAR 52.215-5 FASCILILE Proposals (OCT 1997)FAR 52.217-5 Evaluation of Options (JUL 1990)FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997)FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I (JUL 1995) FAR 52.228-5 Insurance- Work on Government Installation (JAN 1997) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)FAR 52.242-2 Production Progress Reports (APR 1991)FAR 52.245-1 Government Property (APR 2012)FAR 52.245-4 Government-Furnished Property (Short Form) (JUN 2003) FAR 52.245-9 Use and Charges (APR 2012)FAR 52.249-1 Termination for Convenience of the Government (Fixed Price) (APR 1984)HSAR 3052.211-70 Inex for Specifications (DEC 2003)HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003)HSAR 3052.209-72 Organizational Disclosure of Conflicts of Interest HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 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]: 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. 3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability, (FEB 2014) (DHS FAR CLASS DEVIATION 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request. (End of provision) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - APPLICABLE LICENSES AND PERMITS (JUN 2006) The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within ten (10) days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract. 2. FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2015). Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number and 6) Pricing, and Delivery information,. (7) Offerors are instructed to include a completed copy of Federal Acquisition Regulation (FAR) 52.212-3, "Offerors Representations and Certification--Commercial Items (DEC 2012)" and Alt 1 included with their quotation (the provision is attached), or be registered with Online Reps and Certs, https://www.SAM.gov.ADDENDUM to FAR PROVISION 52.212-1: the following paragraphs are added to the provision:WELDING CERTIFICATIONS AND QUALIFICATIONS This solicitation may contain welding line items as either Definitive or Optional Items. With his/her proposal the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), SFLC Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable certifications and qualifications to the COTR for any welding to be performed on any proposed change request. DRYDOCK CERTIFICATION AND DRYDOCK CALCULATIONS With his/her proposal the Contractor shall provide a current certification of its drydocking facility as required by the specification (Work Item for Routine Drydocking) and SFLC Standard Specification 8634_STD. When requested by the Contracting Officer, the Contractor shall also provide the pre-award calculations described in specification for Routine Drydocking, Cutter Conditions, and Appendix B of the SFLC Standard Specification 8634_STD. Subsequent to contract award, the Government will require the Contractor to provide the docking and un-docking calculations described in Appendix B of the SFLC Standard Specification 8634_STDFAR PROVISION 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS ITEMS (JUN 1988) a. Orders for U.S. Coast Guard specification reference drawings must be placed within 10 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD- ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.). Drawing measurements should be verified by the Contractor prior to ordering materials. FAR PROVISION 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010) ALT IV (a) Submission of cost or pricing data is not required (b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination. The information may be as follows:           REQUEST FOR INFORMAL COST BREAKDOWN In addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below: Trade, (i.e. laborers, rigger, etc.) Breakdown of labor grades by trade category Manhours per trade, per labor grade Cost/hour/tradeSupplies/materials (description & cost of each) Sub-totalPension PlansOverhead at a rate of % Profit at a rate of % Total for item 3. FAR 52.212-2 Evaluation-Commercial Items (Oct 2014) - This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. The following evaluation factors shall be considered: Past Performance, Price. Offerors shall submit at least 3 relevant past performance references for contracts with private industry or government instrumentalities (federal, state, or local) performed within the last 3 years. References shall include: 1. Name & contact information of the point of contract (PM/COR), 2. Name of Organization, 3. A brief description of service, 4. Contract Number/Task Order 5. Status (Prime or Sub). The USCG reserves the right to utilize past performance information other than the information submitted with the proposals received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant.The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will evaluate offers and make award to the lowest priced technically acceptable offer that is responsive to the terms of this solicitation.4. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2015) - An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision which can be obtained electronically at http://www.arnet.gov/far.5. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015) The following addendum applies: Address for submission of invoices isUSCG FINANCE CENTERCOMMERCIAL INVOICESPO BOX 4115CHESAPEAKE, VA 23327-4115 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) As prescribed in 32.009-2, insert the following clause: Providing Accelerated Payments to Small Business Subcontractors (Jul 2013)(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. ACCESS TO VESSEL (a) A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security. (b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security. INDEMNIFICATION FOR ACCESS TO VESSELS Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price. INSPECTIONSExcept as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract. The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation.   6. 52.212-5 Contract Terms and Conditions Required to \Implement Statutes or Executive Orders-Commercial Items (DEC 2015) This clause is required for this solicitation, and applies to this acquisition. (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 (NOV 2015)(2) 52.222-50 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). (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). (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: ___ (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 (OCT 2015) (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. (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 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.__ (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 2015) (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 2015) 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 (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)._X_ (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 (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 (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) 52.222.50, Combating Trafficking in Persons (Mar 2015)_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)__ (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. 13423 and 13514).__ (ii) Alternate I (Jun 2014) of 52.223-13.__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 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 (OCT 2015) (E.O. 13423 and 13514).__ (ii) Alternate I (OCT 2015) of 52.223-16._X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513)._X_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).__ (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)._X_ (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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (3) 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).__ (4) 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).__ (5) 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). __ (6) 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). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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) 52.219-8, 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) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (MAY 2015) (38 U.S.C. 4212).(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(vii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212)(viii) 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.(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(x) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(xi) 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).(xii) 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).(xiii) 52.222-54, Employment Eligibility Verification (OCT 2015).(xiv) 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).(xv) 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.(xvi) 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.(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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. 7. 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items.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 (b) Clauses. 3052.204-71 Contractor Employee Access __Alternate I (SEP 2012)3052.205-70 Advertisement, Publicizing Awards, and Releases (SEPT 2012)3052.215-70 Key Personnel or Facilities (JUN 2003)3052.217-91 Performance (USCG) (DEC 2003) 3052.217-92 Inspection and manner of Doing Work (DEC 2003)3052.217-93 Subcontracts. (USCG) (DEC 2003) 3052.217-95 Liability and Insurance (USCG) (DEC 2003)3052.217-96 Title (USCG) (DEC 2003)3052.217-97 Discharge of Liens (USCG) (DEC 2003)3052.217-98 Delays (USCG) (DEC 2003)3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (USCG) (DEC 2003)3052.217-100 Guarantee (USCG) - guarantee period is 60 days after completion of all work or sea trials (if any) (DEC 2003)3052.223-90 Accident and Fire Reporting (DEC 2003)3052.228-70 Insurance (DEC 2003)3052.242-72 Contracting Officer's Technical Representative (DEC 2003)3052.247-72 F.O.B Destination Only (DEC 2003) The full text of HSAR clauses above may be accessed electronically at this address: http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf 8. DISCOVERIES AND CHANGES TO CONTRACT: Condition Found Report, Change Orders will be transmitted electronically by using email. The bullets below display the process of how these documents are to be followed for the duration of the contract performance period: (a) Condition Found Report (CFR) - All readings and inspections are to be taken within 24 hours after the machinery or system is opened. All reports of reading and inspections required by the specifications shall be submitted to the COR in writing using a "Condition Found Report (CFR)" form, within 24 hours after the readings and/or inspections are made. Promptness in taking and reporting readings is particularly important for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the contractor which are considered abnormal for reasons of safety, expected reliability, health, or habitability. These conditions must be brought to the attention of the Coast Guard using a CFR. Details provided by the Contractor in a CFR are important because the CFR may result in a contract change. To speed the contract change progress, the Contractor should include in his/her CFR the following details as a minimum: (i) A sequential number. (ii) The contract item which the "CFR" relates to. (iii) A clear statement, definition, and description of the condition found, including but not limited to frame numbers, part numbers, materials and dimensions as appropriate. (iv) A proposed or recommended repair to correct the defective condition. (v) Indicate whether the report requires Cost Guard action, or if it is provided "for info" only. If action is required, indicate the response time required by the Coast Guard and whether or not a contract extension would be needed if the additional work is authorized. (vi) A space on the form for the Coast Guard to make comments. (vii) All CFR's will be dated, submitted, and signed by a representative of the Contractor. Contracting Officer's Representative (COR) will respond to the Contractor's within 24 hours of receiving a Condition Found Report. A copy of ALL condition found reports shall be retained in the Cutter's file. (b) Change Request Process will occur in the following order: 1. Condition Found Report-Generated by the contractor and provided to COR . 2. Condition Report Reply-Generated by the COR and provided to Contractor3. Change Request- CR and IGE are generated by the COR and entered in the Contract Workbook. COR will assign the Change request number.4. COR provides copy of Change Request to the Contractor5. Contractor's Proposal- Provided to the KO for the identified tasking on CR6. Negotiations- If needed, take place to establish pricing7. Approved Change Request- Forwarded to Contractor and COR by the KO Change Request must be submitted by the COR to the contractor within 24 hours after responding to the CFR. Contractor must submit proposal to the Contracting Officer within 72 hours receipt of the Change Request. A modification will be issued to incorporate and implement all changes made by change orders. 9. CONTRACT DEFICIENCY REPORT The Contracting Officer or Contracting Officer's Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing.       10. Offerors shall submit quotes as follows - Date: April 18, 2016Time: 0800 Pacific Standard Time (PST)Place: London.c.venzon@uscg.mil REQUIRED DOCUMENTS: Each Offeror shall furnish the information required by the solicitation, which includes: Section 1: Price Quote;Section 2: Past Performance / References Proposal (This section should include the offerors completed representations and certifications.); andSection 3: Any issued amendments to the solicitation. QUESTIONS: The last day to ask questions is April 13, 2016, 0800 Pacific Standard Time (EST). Questions shall be submitted via e-mail to london.c.venzon@uscg.mil. After this date, unless amended, questions will not be accepted. For information regarding this solicitation, please contact SK1 Venzon London, 510-637-5993 or SK1 Donald Dean 510-637-5936 Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation. 11. Questions and quotes shall be emailed to London.c.venzon@uscg.mil. Contractors are responsible for verifying receipt of quotes. INTERESTED VENDORS PLEASE SEND OFFICIAL QUOTE, WITH A SAM.GOV REGISTERED DUNS NUMBER, AND EMAIL TO london.c.venzon@uscg.mil.  

20

Department of Homeland Security, United States Coast Guard (USCG) | Published January 14, 2016  -  Deadline February 1, 2016
cpvs

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. Request for Quotations number is HSCG85-16-Q-P45800 and is issued as a request for quotations (RFQ). This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This Request for Quotations incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-84 dated Nov 1, 2015. The NAICS Code is 336611. The small business size standard is 1000. This is a total small business set aside. All responsible sources may submit proposals that will be considered by the agency. The contract will be awarded on a firm-fixed-price basis using simplified acquisition procedures in accordance with FAR Part 13.5. Past performance will be considered in the selection of the awarded vendor. Please provide a minimum of three examples of past performance. For purposes of evaluation and award, Past Performance is considered to be more important than Price. The United States Coast Guard Surface Force Logistics Center has a requirement for the following:COAST GUARD CUTTER MELLONDESCRIPTION: CLIN 0001 - DEFINITE WORK ITEMS These are the items that, if there is an award at all, will be awarded. The offer shall be evaluated to include the offer price for each definite item. ITEM NO. DESCRIPTION UNIT OF ISSUE PRICED-01 PRPLN #1 LINE SHAFT BEARING ALIGNMENT as per Scope of Work 1 JB $Period of Performance: 01 to 31 MAR 2016Location: Seattle, WA CLIN 0002- COMPOSITE LABOR HOUR RATE The following labor hour rate shall be used in pricing all contract changes in accordance with the ADDENDA clause ( 21) entitled "COMPOSITE LABOR HOUR RATE." LABOR HOUR RATE ESTIMATED QUANTITY** EXTENDED AMOUNT* tiny_mce_marker_________ per hour 50 Hours tiny_mce_marker_______________ **NOTE: The estimated quantity and extended amount indicated above are for evaluation of offers only. The proposed rate will apply to all changes involving additional work under this contract regardless of the actual total hours required. COMPOSITE LABOR RATE: The composite labor rate offered shall be the sole labor hour rate used to price the Prime Contractor's direct labor hours for contract changes, i.e. growth work. The Contractor shall not receive any compensation in addition to this rate for the Prime Contractor's direct labor associated with such changes under this contract. (a) The composite labor hour rate shall represent total compensation for the following: (1) direct labor wages and salaries;(2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;(3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;(4) all indirect costs such as overhead and general and administrative expense;(5) any port or association fees, rents, or other levies;(6) profit (fee); and(7) all direct and indirect costs and profit associated with the following support functions: Supervision Quality AssurancePlanning EngineeringSurveyors Worker Transit TimeMaterial Handling TestingCleaners GuardsEstimating Contract AdministrationTransportation Drivers Fire Watches (b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated. 1. 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. The full text of FAR clauses may be accessed electronically at this address: http://www.arnet.gov/far/index.html. FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (MAY 2011) FAR 52.204-7 Systems for Award Management (JUL 2013)FAR 52.204-6 Data Universal Numbering System (DUNS) Number (JUL 2013)FAR 52.204-13 Systems for Award Management Maintenance (JUL 2013)FAR 52.211-14 Notice of Priority Rating for National Defense EMERGENCY Preparedness and Energy Program Use (DO) (APR 2008)FAR 52.211-15 Defense Priorities and Allocation System Rating (APR 2008) D0 A3 ratingFAR 52.215-5 FASCILILE Proposals (OCT 1997)FAR 52.217-5 Evaluation of Options (JUL 1990)FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997)FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I (JUL 1995) FAR 52.228-5 Insurance- Work on Government Installation (JAN 1997) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)FAR 52.242-2 Production Progress Reports (APR 1991)FAR 52.245-1 Government Property (APR 2012)FAR 52.245-4 Government-Furnished Property (Short Form) (JUN 2003) FAR 52.245-9 Use and Charges (APR 2012)FAR 52.249-1 Termination for Convenience of the Government (Fixed Price) (APR 1984)HSAR 3052.211-70 Inex for Specifications (DEC 2003)HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003)HSAR 3052.209-72 Organizational Disclosure of Conflicts of Interest HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 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]: 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. 3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability, (FEB 2014) (DHS FAR CLASS DEVIATION 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request. (End of provision) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - APPLICABLE LICENSES AND PERMITS (JUN 2006) The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within ten (10) days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract. 2. FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2015). Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number and 6) Pricing, and Delivery information,. (7) Offerors are instructed to include a completed copy of Federal Acquisition Regulation (FAR) 52.212-3, "Offerors Representations and Certification--Commercial Items (DEC 2012)" and Alt 1 included with their quotation (the provision is attached), or be registered with Online Reps and Certs, https://www.SAM.gov.ADDENDUM to FAR PROVISION 52.212-1: the following paragraphs are added to the provision:WELDING CERTIFICATIONS AND QUALIFICATIONS This solicitation may contain welding line items as either Definitive or Optional Items. With his/her proposal the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), SFLC Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable certifications and qualifications to the COTR for any welding to be performed on any proposed change request. DRYDOCK CERTIFICATION AND DRYDOCK CALCULATIONS With his/her proposal the Contractor shall provide a current certification of its drydocking facility as required by the specification (Work Item for Routine Drydocking) and SFLC Standard Specification 8634_STD. When requested by the Contracting Officer, the Contractor shall also provide the pre-award calculations described in specification for Routine Drydocking, Cutter Conditions, and Appendix B of the SFLC Standard Specification 8634_STD. Subsequent to contract award, the Government will require the Contractor to provide the docking and un-docking calculations described in Appendix B of the SFLC Standard Specification 8634_STDFAR PROVISION 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS ITEMS (JUN 1988) a. Orders for U.S. Coast Guard specification reference drawings must be placed within 10 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD- ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.). Drawing measurements should be verified by the Contractor prior to ordering materials. FAR PROVISION 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010) ALT IV (a) Submission of cost or pricing data is not required (b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination. The information may be as follows: REQUEST FOR INFORMAL COST BREAKDOWN In addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below: Trade, (i.e. laborers, rigger, etc.) Breakdown of labor grades by trade category Manhours per trade, per labor grade Cost/hour/tradeSupplies/materials (description & cost of each) Sub-totalPension PlansOverhead at a rate of % Profit at a rate of % Total for item 3. FAR 52.212-2 Evaluation-Commercial Items (Oct 2014) - This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. The following evaluation factors shall be considered: Past Performance, Price. Offerors shall submit at least 3 relevant past performance references for contracts with private industry or government instrumentalities (federal, state, or local) performed within the last 3 years. References shall include: 1. Name & contact information of the point of contract (PM/COR), 2. Name of Organization, 3. A brief description of service, 4. Contract Number/Task Order 5. Status (Prime or Sub). The USCG reserves the right to utilize past performance information other than the information submitted with the proposals received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant.The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will evaluate offers and make award to the lowest priced technically acceptable offer that is responsive to the terms of this solicitation.4. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2015) - An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision which can be obtained electronically at http://www.arnet.gov/far.5. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015)The following addendum applies: Address for submission of invoices isUSCG FINANCE CENTERCOMMERCIAL INVOICESPO BOX 4115CHESAPEAKE, VA 23327-4115 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) As prescribed in 32.009-2, insert the following clause: Providing Accelerated Payments to Small Business Subcontractors (Jul 2013)(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. ACCESS TO VESSEL (a) A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security. (b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security. INDEMNIFICATION FOR ACCESS TO VESSELS Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price. INSPECTIONSExcept as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract. The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation. 6. 52.212-5 Contract Terms and Conditions Required to \Implement Statutes or Executive Orders-Commercial Items (DEC 2015) This clause is required for this solicitation, and applies to this acquisition. (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 (NOV 2015)(2) 52.222-50 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). (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). (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: ___ (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 (OCT 2015) (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. (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 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.__ (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 2015) (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 2015) 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 (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)._X_ (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 (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 (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) 52.222.50, Combating Trafficking in Persons (Mar 2015)_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)__ (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. 13423 and 13514).__ (ii) Alternate I (Jun 2014) of 52.223-13.__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 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 (OCT 2015) (E.O. 13423 and 13514).__ (ii) Alternate I (OCT 2015) of 52.223-16._X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513)._X_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).__ (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)._X_ (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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (3) 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).__ (4) 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).__ (5) 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). __ (6) 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). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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) 52.219-8, 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) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (MAY 2015) (38 U.S.C. 4212).(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(vii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212)(viii) 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.(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(x) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(xi) 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).(xii) 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).(xiii) 52.222-54, Employment Eligibility Verification (OCT 2015).(xiv) 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).(xv) 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.(xvi) 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.(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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. 7. 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items.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 (b) Clauses. 3052.204-71 Contractor Employee Access __Alternate I (SEP 2012)3052.205-70 Advertisement, Publicizing Awards, and Releases (SEPT 2012)3052.215-70 Key Personnel or Facilities (JUN 2003)3052.217-91 Performance (USCG) (DEC 2003) 3052.217-92 Inspection and manner of Doing Work (DEC 2003)3052.217-93 Subcontracts. (USCG) (DEC 2003) 3052.217-95 Liability and Insurance (USCG) (DEC 2003)3052.217-96 Title (USCG) (DEC 2003)3052.217-97 Discharge of Liens (USCG) (DEC 2003)3052.217-98 Delays (USCG) (DEC 2003)3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (USCG) (DEC 2003)3052.217-100 Guarantee (USCG) - guarantee period is 60 days after completion of all work or sea trials (if any) (DEC 2003)3052.223-90 Accident and Fire Reporting (DEC 2003)3052.228-70 Insurance (DEC 2003)3052.242-72 Contracting Officer's Technical Representative (DEC 2003)3052.247-72 F.O.B Destination Only (DEC 2003) The full text of HSAR clauses above may be accessed electronically at this address: http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf 8. DISCOVERIES AND CHANGES TO CONTRACT: Condition Found Report, Change Orders will be transmitted electronically by using email. The bullets below display the process of how these documents are to be followed for the duration of the contract performance period: (a) Condition Found Report (CFR) - All readings and inspections are to be taken within 24 hours after the machinery or system is opened. All reports of reading and inspections required by the specifications shall be submitted to the COR in writing using a "Condition Found Report (CFR)" form, within 24 hours after the readings and/or inspections are made. Promptness in taking and reporting readings is particularly important for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the contractor which are considered abnormal for reasons of safety, expected reliability, health, or habitability. These conditions must be brought to the attention of the Coast Guard using a CFR. Details provided by the Contractor in a CFR are important because the CFR may result in a contract change. To speed the contract change progress, the Contractor should include in his/her CFR the following details as a minimum: (i) A sequential number. (ii) The contract item which the "CFR" relates to. (iii) A clear statement, definition, and description of the condition found, including but not limited to frame numbers, part numbers, materials and dimensions as appropriate. (iv) A proposed or recommended repair to correct the defective condition. (v) Indicate whether the report requires Cost Guard action, or if it is provided "for info" only. If action is required, indicate the response time required by the Coast Guard and whether or not a contract extension would be needed if the additional work is authorized. (vi) A space on the form for the Coast Guard to make comments. (vii) All CFR's will be dated, submitted, and signed by a representative of the Contractor. Contracting Officer's Representative (COR) will respond to the Contractor's within 24 hours of receiving a Condition Found Report. A copy of ALL condition found reports shall be retained in the Cutter's file. (b) Change Request Process will occur in the following order: 1. Condition Found Report-Generated by the contractor and provided to COR . 2. Condition Report Reply-Generated by the COR and provided to Contractor3. Change Request- CR and IGE are generated by the COR and entered in the Contract Workbook. COR will assign the Change request number.4. COR provides copy of Change Request to the Contractor5. Contractor's Proposal- Provided to the KO for the identified tasking on CR6. Negotiations- If needed, take place to establish pricing7. Approved Change Request- Forwarded to Contractor and COR by the KO Change Request must be submitted by the COR to the contractor within 24 hours after responding to the CFR. Contractor must submit proposal to the Contracting Officer within 72 hours receipt of the Change Request. A modification will be issued to incorporate and implement all changes made by change orders. 9. CONTRACT DEFICIENCY REPORT The Contracting Officer or Contracting Officer's Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing.   10. Offerors shall submit quotes as follows - Date: February 1, 2016Time: 0800 Pacific Standard Time (PST)Place: Kristen.J.Thomas@uscg.mil REQUIRED DOCUMENTS: Each Offeror shall furnish the information required by the solicitation, which includes: Section 1: Price Quote;Section 2: Past Performance / References Proposal (This section should include the offerors completed representations and certifications.); andSection 3: Any issued amendments to the solicitation. ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about February 2nd, 2016. QUESTIONS: The last day to ask questions is January 27, 2015, 0800 Pacific Standard Time (EST). Questions shall be submitted via e-mail to Kristen.J.Thomas@uscg.mil. After this date, unless amended, questions will not be accepted. For information regarding this solicitation, please contact Kristen Thomas or CWO Sean Hermes at 510-637-5976, 510-637-5985. . Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation. 11. Questions and quotes shall be emailed to Kristen.J.Thomas@uscg.mil. Contractors are responsible for verifying receipt of quotes. INTERESTED VENDORS PLEASE SEND OFFICIAL QUOTE, WITH A SAM.GOV REGISTERED DUNS NUMBER, AND EMAIL TO KRISTEN.J.THOMAS@USCG.MIL.  

HALON & ANSUL R-102 FFS ANNUAL CERTIFICATION

Department of Homeland Security, United States Coast Guard (USCG) | Published January 22, 2016  -  Deadline January 28, 2016
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. Request for Quotations number is HSCG85-16-Q-P45834 and is issued as a request for quotations (RFQ). This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This Request for Quotations incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-84 dated Nov 1, 2015. The NAICS Code is 336611. The small business size standard is 1000. This is a total small business set aside. All responsible sources may submit proposals that will be considered by the agency. The contract will be awarded on a firm-fixed-price basis using simplified acquisition procedures in accordance with FAR Part 13.5. Past performance will be considered in the selection of the awarded vendor. Please provide a minimum of three examples of past performance. For purposes of evaluation and award, Past Performance is considered to be more important than Price. The United States Coast Guard Surface Force Logistics Center has a requirement for the following:COAST GUARD CUTTER MIDGETT DESCRIPTION: CLIN 0001 - DEFINITE WORK ITEMS These are the items that, if there is an award at all, will be awarded. The offer shall be evaluated to include the offer price for each definite item. ITEM NO. DESCRIPTION UNIT OF ISSUE PRICED-01 HALON AND ANSUL R-102 FFS SYSTEMS ANNUAL CERTIFICATION. IN ACCORDANCE WITH THE SCOPE OF WORK (55500 JAH 1212 378W) 1 JB $ Period of Performance: 03FEB16 THRU 12FEB16 Location: USCGC MIDGETT, 1519 ALASKAN WAY SOUTH, SEATTLE WA, 98134 CLIN 0002- COMPOSITE LABOR HOUR RATE The following labor hour rate shall be used in pricing all contract changes in accordance with the ADDENDA clause ( 21) entitled "COMPOSITE LABOR HOUR RATE." LABOR HOUR RATE ESTIMATED QUANTITY** EXTENDED AMOUNT* tiny_mce_marker_________ per hour 50 Hours tiny_mce_marker_______________ **NOTE: The estimated quantity and extended amount indicated above are for evaluation of offerss only. The proposed rate will apply to all changes involving additional work under this contract regardless of the actual total hours required. COMPOSITE LABOR RATE: The composite labor rate offered shall be the sole labor hour rate used to price the Prime Contractor's direct labor hours for contract changes, i.e. growth work. The Contractor shall not receive any compensation in addition to this rate for the Prime Contractor's direct labor associated with such changes under this contract. (a) The composite labor hour rate shall represent total compensation for the following: (1) direct labor wages and salaries;(2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;(3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;(4) all indirect costs such as overhead and general and administrative expense;(5) any port or association fees, rents, or other levies;(6) profit (fee); and(7) all direct and indirect costs and profit associated with the following support functions: Supervision Quality AssurancePlanning EngineeringSurveyors Worker Transit TimeMaterial Handling TestingCleaners GuardsEstimating Contract AdministrationTransportation Drivers Fire Watches (b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated. 1. 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. The full text of FAR clauses may be accessed electronically at this address: http://www.arnet.gov/far/index.html. FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (MAY 2011) FAR 52.204-7 Systems for Award Management (JUL 2013)FAR 52.204-6 Data Universal Numbering System (DUNS) Number (JUL 2013)FAR 52.204-13 Systems for Award Management Maintenance (JUL 2013)FAR 52.211-14 Notice of Priority Rating for National Defense EMERGENCY Preparedness and Energy Program Use (DO) (APR 2008)FAR 52.211-15 Defense Priorities and Allocation System Rating (APR 2008) D0 A3 ratingFAR 52.215-5 FASCILILE Proposals (OCT 1997)FAR 52.217-5 Evaluation of Options (JUL 1990)FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997)FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I (JUL 1995) FAR 52.228-5 Insurance- Work on Government Installation (JAN 1997) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)FAR 52.242-2 Production Progress Reports (APR 1991)FAR 52.245-1 Government Property (APR 2012)FAR 52.245-4 Government-Furnished Property (Short Form) (JUN 2003) FAR 52.245-9 Use and Charges (APR 2012)FAR 52.249-1 Termination for Convenience of the Government (Fixed Price) (APR 1984)HSAR 3052.211-70 Inex for Specifications (DEC 2003)HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003)HSAR 3052.209-72 Organizational Disclosure of Conflicts of Interest HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 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]: 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. 3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability, (FEB 2014) (DHS FAR CLASS DEVIATION 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request. (End of provision) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - APPLICABLE LICENSES AND PERMITS (JUN 2006) The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within ten (10) days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract. 2. FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2015). Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number and 6) Pricing, and Delivery information,. (7) Offerors are instructed to include a completed copy of Federal Acquisition Regulation (FAR) 52.212-3, "Offerors Representations and Certification--Commercial Items (DEC 2012)" and Alt 1 included with their quotation (the provision is attached), or be registered with Online Reps and Certs, https://www.SAM.gov.ADDENDUM to FAR PROVISION 52.212-1: the following paragraphs are added to the provision:WELDING CERTIFICATIONS AND QUALIFICATIONS This solicitation may contain welding line items as either Definitive or Optional Items. With his/her proposal the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), SFLC Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable certifications and qualifications to the COTR for any welding to be performed on any proposed change request. DRYDOCK CERTIFICATION AND DRYDOCK CALCULATIONS With his/her proposal the Contractor shall provide a current certification of its drydocking facility as required by the specification (Work Item for Routine Drydocking) and SFLC Standard Specification 8634_STD. When requested by the Contracting Officer, the Contractor shall also provide the pre-award calculations described in specification for Routine Drydocking, Cutter Conditions, and Appendix B of the SFLC Standard Specification 8634_STD. Subsequent to contract award, the Government will require the Contractor to provide the docking and un-docking calculations described in Appendix B of the SFLC Standard Specification 8634_STDFAR PROVISION 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS ITEMS (JUN 1988) a. Orders for U.S. Coast Guard specification reference drawings must be placed within 10 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD- ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.). Drawing measurements should be verified by the Contractor prior to ordering materials. FAR PROVISION 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010) ALT IV (a) Submission of cost or pricing data is not required (b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination. The information may be as follows: REQUEST FOR INFORMAL COST BREAKDOWN In addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below: Trade, (i.e. laborers, rigger, etc.) Breakdown of labor grades by trade category Manhours per trade, per labor grade Cost/hour/tradeSupplies/materials (description & cost of each) Sub-totalPension PlansOverhead at a rate of % Profit at a rate of % Total for item 3. FAR 52.212-2 Evaluation-Commercial Items (Oct 2014) - This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. The following evaluation factors shall be considered: Past Performance, Price. Offerors shall submit at least 3 relevant past performance references for contracts with private industry or government instrumentalities (federal, state, or local) performed within the last 3 years. References shall include: 1. Name & contact information of the point of contract (PM/COR), 2. Name of Organization, 3. A brief description of service, 4. Contract Number/Task Order 5. Status (Prime or Sub). The USCG reserves the right to utilize past performance information other than the information submitted with the proposals received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant.The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will evaluate offers and make award to the lowest priced technically acceptable offer that is responsive to the terms of this solicitation.4. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2015) - An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision which can be obtained electronically at http://www.arnet.gov/far.   5. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015)The following addendum applies: Address for submission of invoices isUSCG FINANCE CENTERCOMMERCIAL INVOICESPO BOX 4115CHESAPEAKE, VA 23327-4115 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) As prescribed in 32.009-2, insert the following clause: Providing Accelerated Payments to Small Business Subcontractors (Jul 2013)(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. ACCESS TO VESSEL (a) A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security. (b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security. INDEMNIFICATION FOR ACCESS TO VESSELS Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price. INSPECTIONSExcept as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract. The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation. 6. 52.212-5 Contract Terms and Conditions Required to \Implement Statutes or Executive Orders-Commercial Items (DEC 2015) This clause is required for this solicitation, and applies to this acquisition. (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 (NOV 2015)(2) 52.222-50 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). (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). (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: ___ (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 (OCT 2015) (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. (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 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.__ (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 2015) (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 2015) 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 (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)._X_ (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 (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 (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) 52.222.50, Combating Trafficking in Persons (Mar 2015)_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)__ (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. 13423 and 13514).__ (ii) Alternate I (Jun 2014) of 52.223-13.__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 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 (OCT 2015) (E.O. 13423 and 13514).__ (ii) Alternate I (OCT 2015) of 52.223-16._X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513)._X_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).__ (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)._X_ (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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (3) 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).__ (4) 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).__ (5) 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). __ (6) 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). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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) 52.219-8, 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) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (MAY 2015) (38 U.S.C. 4212).(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(vii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212)(viii) 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.(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(x) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(xi) 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).(xii) 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).(xiii) 52.222-54, Employment Eligibility Verification (OCT 2015).(xiv) 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).(xv) 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.(xvi) 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.(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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. 7. 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items.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 (b) Clauses. 3052.204-71 Contractor Employee Access __Alternate I (SEP 2012)3052.205-70 Advertisement, Publicizing Awards, and Releases (SEPT 2012)3052.215-70 Key Personnel or Facilities (JUN 2003)3052.217-91 Performance (USCG) (DEC 2003) 3052.217-92 Inspection and manner of Doing Work (DEC 2003)3052.217-93 Subcontracts. (USCG) (DEC 2003) 3052.217-95 Liability and Insurance (USCG) (DEC 2003)3052.217-96 Title (USCG) (DEC 2003)3052.217-97 Discharge of Liens (USCG) (DEC 2003)3052.217-98 Delays (USCG) (DEC 2003)3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (USCG) (DEC 2003)3052.217-100 Guarantee (USCG) - guarantee period is 60 days after completion of all work or sea trials (if any) (DEC 2003)3052.223-90 Accident and Fire Reporting (DEC 2003)3052.228-70 Insurance (DEC 2003)3052.242-72 Contracting Officer's Technical Representative (DEC 2003)3052.247-72 F.O.B Destination Only (DEC 2003) The full text of HSAR clauses above may be accessed electronically at this address: http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf 8. DISCOVERIES AND CHANGES TO CONTRACT: Condition Found Report, Change Orders will be transmitted electronically by using email. The bullets below display the process of how these documents are to be followed for the duration of the contract performance period: (a) Condition Found Report (CFR) - All readings and inspections are to be taken within 24 hours after the machinery or system is opened. All reports of reading and inspections required by the specifications shall be submitted to the COR in writing using a "Condition Found Report (CFR)" form, within 24 hours after the readings and/or inspections are made. Promptness in taking and reporting readings is particularly important for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the contractor which are considered abnormal for reasons of safety, expected reliability, health, or habitability. These conditions must be brought to the attention of the Coast Guard using a CFR. Details provided by the Contractor in a CFR are important because the CFR may result in a contract change. To speed the contract change progress, the Contractor should include in his/her CFR the following details as a minimum: (i) A sequential number. (ii) The contract item which the "CFR" relates to. (iii) A clear statement, definition, and description of the condition found, including but not limited to frame numbers, part numbers, materials and dimensions as appropriate. (iv) A proposed or recommended repair to correct the defective condition. (v) Indicate whether the report requires Cost Guard action, or if it is provided "for info" only. If action is required, indicate the response time required by the Coast Guard and whether or not a contract extension would be needed if the additional work is authorized. (vi) A space on the form for the Coast Guard to make comments. (vii) All CFR's will be dated, submitted, and signed by a representative of the Contractor. Contracting Officer's Representative (COR) will respond to the Contractor's within 24 hours of receiving a Condition Found Report. A copy of ALL condition found reports shall be retained in the Cutter's file. (b) Change Request Process will occur in the following order: 1. Condition Found Report-Generated by the contractor and provided to COR . 2. Condition Report Reply-Generated by the COR and provided to Contractor3. Change Request- CR and IGE are generated by the COR and entered in the Contract Workbook. COR will assign the Change request number.4. COR provides copy of Change Request to the Contractor5. Contractor's Proposal- Provided to the KO for the identified tasking on CR6. Negotiations- If needed, take place to establish pricing7. Approved Change Request- Forwarded to Contractor and COR by the KO Change Request must be submitted by the COR to the contractor within 24 hours after responding to the CFR. Contractor must submit proposal to the Contracting Officer within 72 hours receipt of the Change Request. A modification will be issued to incorporate and implement all changes made by change orders. 9. CONTRACT DEFICIENCY REPORT The Contracting Officer or Contracting Officer's Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing.       10. Offerors shall submit quotes as follows - Date: Thursday 28JAN2016Time: 0800 Pacific Standard Time (PST)Place: donald.r.dean@uscg.mil REQUIRED DOCUMENTS: Each Offeror shall furnish the information required by the solicitation, which includes: Section 1: Price Quote;Section 2: Past Performance / References Proposal (This section should include the offerors completed representations and certifications.); andSection 3: Any issued amendments to the solicitation. ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about January 29, 2016. QUESTIONS: The last day to ask questions is January 27th, 2016, 0800 Pacific Standard Time (EST). Questions shall be submitted via e-mail to donald.r.dean@uscg.mil After this date, unless amended, questions will not be accepted. For information regarding this solicitation, please contact SK1 Donald Dean or SK1 London Venzon510-637-5936, 510-637-5993. Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation. 11. Questions and quotes shall be emailed to donald.r.dean@uscg.mil. Contractors are responsible for verifying receipt of quotes. INTERESTED VENDORS PLEASE SEND OFFICIAL QUOTE, WITH A SAM.GOV REGISTERED DUNS NUMBER, AND EMAIL TO DONALD.R.DEAN@USCG.MIL.  

MAIN PROPULSION MOTOR BLOWER, OVERHAUL

Department of Homeland Security, United States Coast Guard (USCG) | Published March 29, 2016  -  Deadline April 6, 2016
cpvs

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. Request for Quotations number is HSCG85-16-Q-P45E86 and is issued as a request for quotations (RFQ). This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This Request for Quotations incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-84 dated Nov 1, 2015. The NAICS Code is 336611. The small business size standard is 1,000. All responsible small business may submit proposals that will be considered by the agency. The contract will be awarded on a firm-fixed-price basis using simplified acquisition procedures in accordance with FAR Part 13.5. Past performance will be considered in the selection of the awarded vendor. Please provide a minimum of three examples of past performance. For purposes of evaluation and award, Past Performance is considered to be more important than Price.The United States Coast Guard Surface Force Logistics Center has a requirement for the following:DESCRIPTION: MAIN PROPULSION MOTOR BLOWER, OVERHUALLOCATION: COAST GUARD CUTTER POLAR STAR, 14 S. MASSACHUSETTS, BLDG 7 SEATTLE, WA 98134CLIN 0001 - DEFINITE WORK ITEMSThese are the items that, if there is an award at all, will be awarded. The offer shall be evaluated to include the offer price for each definite item.ITEM NO. DESCRIPTION UNIT OF ISSUE PRICED-01 DISASSEMBLE, OVERHAUL AND REASSEMBLE ON SET OF MAIN PROPULSION MOTOR BLOWERS IN THE SHOP. EACH SET CONSISTS OF ONE DOUBLE SHAFT EXTENSION MOTOR WITH CENTRIFUGAL FAN KEYED TO EACH END OF THE MOTOR SHAFT. JB $ PERIOD OF PERFORMANCE: ALL WORK TO BE COMPLETED & ITEMS RETURNED TO THE POLAR STAR ON OR BEFORE 27APR2016. ANTISIPATED AWARD DATE: 11APR2016CLIN 0002- COMPOSITE LABOR HOUR RATE The following labor hour rate shall be used in pricing all contract changes in accordance with the ADDENDA clause ( 21) entitled "COMPOSITE LABOR HOUR RATE." LABOR HOUR RATE ESTIMATED QUANTITY** EXTENDED AMOUNT* tiny_mce_marker_________ per hour 50 Hours tiny_mce_marker_______________ **NOTE: The estimated quantity and extended amount indicated above are for evaluation of offerss only. The proposed rate will apply to all changes involving additional work under this contract regardless of the actual total hours required.   COMPOSITE LABOR RATE: The composite labor rate offered shall be the sole labor hour rate used to price the Prime Contractor's direct labor hours for contract changes, i.e. growth work. The Contractor shall not receive any compensation in addition to this rate for the Prime Contractor's direct labor associated with such changes under this contract. (a) The composite labor hour rate shall represent total compensation for the following: (1) direct labor wages and salaries;(2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits;(3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment;(4) all indirect costs such as overhead and general and administrative expense;(5) any port or association fees, rents, or other levies;(6) profit (fee); and(7) all direct and indirect costs and profit associated with the following support functions: Supervision Quality AssurancePlanning EngineeringSurveyors Worker Transit TimeMaterial Handling TestingCleaners GuardsEstimating Contract AdministrationTransportation Drivers Fire Watches (b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the Contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated. 1. 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. The full text of FAR clauses may be accessed electronically at this address: http://www.arnet.gov/far/index.html. FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (MAY 2011) FAR 52.204-7 Systems for Award Management (JUL 2013)FAR 52.204-6 Data Universal Numbering System (DUNS) Number (JUL 2013)FAR 52.204-13 Systems for Award Management Maintenance (JUL 2013)FAR 52.211-14 Notice of Priority Rating for National Defense EMERGENCY Preparedness and Energy Program Use (DO) (APR 2008)FAR 52.211-15 Defense Priorities and Allocation System Rating (APR 2008) D0 A3 ratingFAR 52.215-5 FASCILILE Proposals (OCT 1997)FAR 52.217-5 Evaluation of Options (JUL 1990)FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997)FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I (JUL 1995) FAR 52.228-5 Insurance- Work on Government Installation (JAN 1997) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)FAR 52.242-2 Production Progress Reports (APR 1991)FAR 52.245-1 Government Property (APR 2012)FAR 52.245-4 Government-Furnished Property (Short Form) (JUN 2003) FAR 52.245-9 Use and Charges (APR 2012)FAR 52.249-1 Termination for Convenience of the Government (Fixed Price) (APR 1984)HSAR 3052.211-70 Inex for Specifications (DEC 2003)HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003)HSAR 3052.209-72 Organizational Disclosure of Conflicts of Interest HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 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]: 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. 3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability, (FEB 2014) (DHS FAR CLASS DEVIATION 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request. (End of provision) HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - APPLICABLE LICENSES AND PERMITS (JUN 2006) The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within ten (10) days after date of award. The Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract. 2. FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2015). Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number and 6) Pricing, and Delivery information,. (7) Offerors are instructed to include a completed copy of Federal Acquisition Regulation (FAR) 52.212-3, "Offerors Representations and Certification--Commercial Items (DEC 2012)" and Alt 1 included with their quotation (the provision is attached), or be registered with Online Reps and Certs, https://www.SAM.gov.ADDENDUM to FAR PROVISION 52.212-1: the following paragraphs are added to the provision:WELDING CERTIFICATIONS AND QUALIFICATIONS This solicitation may contain welding line items as either Definitive or Optional Items. With his/her proposal the Contractor shall provide the necessary welding certifications and qualifications as required by the specification for the applicable work item(s), SFLC Standard Specification 0740_STD. Subsequent to contract award, the Government will require the Contractor to submit applicable certifications and qualifications to the COTR for any welding to be performed on any proposed change request. DRYDOCK CERTIFICATION AND DRYDOCK CALCULATIONS With his/her proposal the Contractor shall provide a current certification of its drydocking facility as required by the specification (Work Item for Routine Drydocking) and SFLC Standard Specification 8634_STD. When requested by the Contracting Officer, the Contractor shall also provide the pre-award calculations described in specification for Routine Drydocking, Cutter Conditions, and Appendix B of the SFLC Standard Specification 8634_STD. Subsequent to contract award, the Government will require the Contractor to provide the docking and un-docking calculations described in Appendix B of the SFLC Standard Specification 8634_STDFAR PROVISION 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS ITEMS (JUN 1988) a. Orders for U.S. Coast Guard specification reference drawings must be placed within 10 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD- ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.). Drawing measurements should be verified by the Contractor prior to ordering materials. FAR PROVISION 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010) ALT IV (a) Submission of cost or pricing data is not required (b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination. The information may be as follows:           REQUEST FOR INFORMAL COST BREAKDOWN In addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below: Trade, (i.e. laborers, rigger, etc.) Breakdown of labor grades by trade category Manhours per trade, per labor grade Cost/hour/tradeSupplies/materials (description & cost of each) Sub-totalPension PlansOverhead at a rate of % Profit at a rate of % Total for item 3. FAR 52.212-2 Evaluation-Commercial Items (Oct 2014) - This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. The following evaluation factors shall be considered: Past Performance, Price. Offerors shall submit at least 3 relevant past performance references for contracts with private industry or government instrumentalities (federal, state, or local) performed within the last 3 years. References shall include: 1. Name & contact information of the point of contract (PM/COR), 2. Name of Organization, 3. A brief description of service, 4. Contract Number/Task Order 5. Status (Prime or Sub). The USCG reserves the right to utilize past performance information other than the information submitted with the proposals received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant.The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will evaluate offers and make award to the lowest priced technically acceptable offer that is responsive to the terms of this solicitation.4. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2015) - An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision which can be obtained electronically at http://www.arnet.gov/far.5. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015) The following addendum applies: Address for submission of invoices isUSCG FINANCE CENTERCOMMERCIAL INVOICESPO BOX 4115CHESAPEAKE, VA 23327-4115 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) As prescribed in 32.009-2, insert the following clause: Providing Accelerated Payments to Small Business Subcontractors (Jul 2013)(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. ACCESS TO VESSEL (a) A reasonable number of officers, employees, and associates of the Government, or other Prime Contractors with the Government, and their subcontractors, shall, as authorized by the Contracting Officer, have, at all reasonable times, admission to the plant, and access to vessel(s) to perform and fulfill their respective obligations to the Government on a noninterference basis. The Contractor shall make reasonable arrangements with the Government or Contractors of the Government, as shall have been identified and authorized by the Contracting Officer, to be given admission to the Contractor's facilities and access to the vessel(s) and to office space, work areas, storage or shop areas, or other facilities and services, necessary for the performance of their respective responsibilities and reasonable to their performance. All such above personnel shall be required to comply with all Contractor rules and regulations governing personnel at its shipyard, including those relative to safety and security. (b) The Contractor further agrees, as authorized by the Contracting Officer, to afford to a reasonable number of officers, employees, and associates of bidders on other contemplated work, the same privileges of admission to the Contractor's plant and access to the vessel(s) on a noninterference basis subject to all Contractor rules and regulations governing personnel in its shipyard, including those relative to safety and security. INDEMNIFICATION FOR ACCESS TO VESSELS Notwithstanding any provision in the "Access to Vessels" clause, or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other Prime Contractors with the Government and their subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price. INSPECTIONSExcept as specified elsewhere, the U.S. Coast Guard shall rely on the Contractor to accomplish all inspection and testing needed to ensure that the work conforms to contract quality requirements. Records of all inspection work by the Contractor shall be kept complete and available to the Government during the term of this contract and for such longer period as may be specified elsewhere in this contract. The name and telephone number of the U.S. Coast Guard Inspector will be provided after the award of a contract resulting from this solicitation.   6. 52.212-5 Contract Terms and Conditions Required to \Implement Statutes or Executive Orders-Commercial Items (DEC 2015) This clause is required for this solicitation, and applies to this acquisition. (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 (NOV 2015)(2) 52.222-50 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). (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). (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: ___ (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 (OCT 2015) (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. (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 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.__ (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 2015) (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 2015) 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 (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)._X_ (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 (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 (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) 52.222.50, Combating Trafficking in Persons (Mar 2015)_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)__ (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. 13423 and 13514).__ (ii) Alternate I (Jun 2014) of 52.223-13.__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 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 (OCT 2015) (E.O. 13423 and 13514).__ (ii) Alternate I (OCT 2015) of 52.223-16._X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513)._X_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).__ (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)._X_ (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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (3) 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).__ (4) 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).__ (5) 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). __ (6) 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). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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) 52.219-8, 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) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (MAY 2015) (38 U.S.C. 4212).(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(vii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212)(viii) 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.(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(x) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).(xi) 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).(xii) 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).(xiii) 52.222-54, Employment Eligibility Verification (OCT 2015).(xiv) 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).(xv) 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.(xvi) 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.(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658). (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. 7. 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items.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 (b) Clauses. 3052.204-71 Contractor Employee Access __Alternate I (SEP 2012)3052.205-70 Advertisement, Publicizing Awards, and Releases (SEPT 2012)3052.215-70 Key Personnel or Facilities (JUN 2003)3052.217-91 Performance (USCG) (DEC 2003) 3052.217-92 Inspection and manner of Doing Work (DEC 2003)3052.217-93 Subcontracts. (USCG) (DEC 2003) 3052.217-95 Liability and Insurance (USCG) (DEC 2003)3052.217-96 Title (USCG) (DEC 2003)3052.217-97 Discharge of Liens (USCG) (DEC 2003)3052.217-98 Delays (USCG) (DEC 2003)3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (USCG) (DEC 2003)3052.217-100 Guarantee (USCG) - guarantee period is 60 days after completion of all work or sea trials (if any) (DEC 2003)3052.223-90 Accident and Fire Reporting (DEC 2003)3052.228-70 Insurance (DEC 2003)3052.242-72 Contracting Officer's Technical Representative (DEC 2003)3052.247-72 F.O.B Destination Only (DEC 2003) The full text of HSAR clauses above may be accessed electronically at this address: http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf 8. DISCOVERIES AND CHANGES TO CONTRACT: Condition Found Report, Change Orders will be transmitted electronically by using email. The bullets below display the process of how these documents are to be followed for the duration of the contract performance period: (a) Condition Found Report (CFR) - All readings and inspections are to be taken within 24 hours after the machinery or system is opened. All reports of reading and inspections required by the specifications shall be submitted to the COR in writing using a "Condition Found Report (CFR)" form, within 24 hours after the readings and/or inspections are made. Promptness in taking and reporting readings is particularly important for underbody work items such as shaft bearing or rudder bearing clearances. Often during the progress of a work item, conditions are discovered by the contractor which are considered abnormal for reasons of safety, expected reliability, health, or habitability. These conditions must be brought to the attention of the Coast Guard using a CFR. Details provided by the Contractor in a CFR are important because the CFR may result in a contract change. To speed the contract change progress, the Contractor should include in his/her CFR the following details as a minimum: (i) A sequential number. (ii) The contract item which the "CFR" relates to. (iii) A clear statement, definition, and description of the condition found, including but not limited to frame numbers, part numbers, materials and dimensions as appropriate. (iv) A proposed or recommended repair to correct the defective condition. (v) Indicate whether the report requires Cost Guard action, or if it is provided "for info" only. If action is required, indicate the response time required by the Coast Guard and whether or not a contract extension would be needed if the additional work is authorized. (vi) A space on the form for the Coast Guard to make comments. (vii) All CFR's will be dated, submitted, and signed by a representative of the Contractor. Contracting Officer's Representative (COR) will respond to the Contractor's within 24 hours of receiving a Condition Found Report. A copy of ALL condition found reports shall be retained in the Cutter's file. (b) Change Request Process will occur in the following order: 1. Condition Found Report-Generated by the contractor and provided to COR . 2. Condition Report Reply-Generated by the COR and provided to Contractor3. Change Request- CR and IGE are generated by the COR and entered in the Contract Workbook. COR will assign the Change request number.4. COR provides copy of Change Request to the Contractor5. Contractor's Proposal- Provided to the KO for the identified tasking on CR6. Negotiations- If needed, take place to establish pricing7. Approved Change Request- Forwarded to Contractor and COR by the KO Change Request must be submitted by the COR to the contractor within 24 hours after responding to the CFR. Contractor must submit proposal to the Contracting Officer within 72 hours receipt of the Change Request. A modification will be issued to incorporate and implement all changes made by change orders. 9. CONTRACT DEFICIENCY REPORT The Contracting Officer or Contracting Officer's Representative (COR) may issue a Contract Deficiency Report (CDR), SFLC Form 005. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved by the Contracting Officer, to the COR. The COR will comment on the Contractor's response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the Contractor and Availability Program Manager. The Contracting Officer will render a final determination and provide it to the Contractor and COR in writing.       10. Offerors shall submit quotes as follows - Date: 06APR16 Time: 0800 Pacific Standard Time (PST)Place: donald.r.dean@uscg.mil REQUIRED DOCUMENTS: Each Offeror shall furnish the information required by the solicitation, which includes: Section 1: Price Quote;Section 2: Past Performance / References Proposal (This section should include the offerors completed representations and certifications.); andSection 3: Any issued amendments to the solicitation. QUESTIONS: The last day to ask questions is April 4th, 2016, 0800 Pacific Standard Time (EST). Questions shall be submitted via e-mail to donald.r.dean@uscg.mil. After this date, unless amended, questions will not be accepted. For information regarding this solicitation, please contact SK1 Donald Dean or SK1 Venzon London, 510-637-5936 or 510-637-5993. Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation. 11. Questions and quotes shall be emailed to donald.r.dean@uscg.mil. Contractors are responsible for verifying receipt of quotes. INTERESTED VENDORS PLEASE SEND OFFICIAL QUOTE, WITH A SAM.GOV REGISTERED DUNS NUMBER, AND EMAIL TO DONALD.R.DEAN@USCG.MIL.  

Fatty Acid Signature Analysis

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published June 22, 2016  -  Deadline June 28, 2016
cpvs

COMBINED SYNOPSIS/SOLICITATION Purchase to provide Fatty Acid Signature Analysis (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number: NFFS7300-16-02775CM. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88. (IV) This solicitation is being issued as a Total Small Business Set Aside. The associated NAICS code is 541519, Size Standard $27.5 M. (V) This combined solicitation/synopsis is for purchase of the following commercial items: CLIN 0001: (1) To provide a service to conduct the fatty acid signature analysis of pup stomach milk and prey species of nursing mothers IAW the attached Statement of Work. (VI) Description and Specifications: The contractor shall provide all labor and materials to provide fatty acid signature analysis of California sea lion prey and California sea lion pup stomach milk, and written documents per the statement of work attached. (VII) ALL DELIVERABLS AND WORK MUST BE COMPLETED FROM July 01, 2016 to June 30, 2017. (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (APR 2014), applies to this acquisition. NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror. 1. The offerer may submit quote on SF-1449 or any form that has the company name and the following information: Quantity; Unit of Issue; Unit Price; Total Amount, and any acknowledgement of solicitation amendments on the SF-30. 2. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable and can be sent to cass.r.melin@noaa.gov on or before June 28, 2016 at 2:00 pm MST. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation via FedBizOpps. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. 3. At a minimum the contractor shall provide the following information: a) Point of contact name, telephone and E-mail address. b) DUNS Number 4. Provide all evaluation criteria in accordance with 52.212-2 in this package.   (IX) FAR 52.212-2, Evaluation - Commercial Items (OCT 2014), applies to this acquisition. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government. The following factor shall be used to evaluate offers: 1) The ability to have all deliverables and work completed at the above address during July 1, 2016 - June 30, 20172) Price. ALL OR NONE THIS WILL BE EVALUATED ON BEST VALUE TO THE GOVERMENT 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016) (IAW FAR 12.301(b)(4))(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 (Nov 2015).(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.]__ __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 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 (Oct 2015) (41 U.S.C. 3509).__ __ (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 2015) (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).__ __ (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).__ __ (11) (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).__ __ (12) (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).__ __ (14) (ii) Alternate I (Nov 2011).__ __ (14) (iii) Alternate II (Nov 2011).__ __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).__ __ (15) (ii) Alternate I (Oct 1995) of 52.219-7.__ __ (15) (iii) Alternate II (Mar 2004) of 52.219-7.__ __ (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 2015)(15 U.S.C. 637(d)(4)). (In accordance with DDP Memo dated 9 Sep 2013, DAR Tracking Number 2013-O0014, Class Deviation-Summary Subcontract Report Submission, this clause is replaced with DFARS Deviation dated Aug 2013. Effective until incorporated into the FAR or DFARS or until rescinded.)__ __ (17) (ii) Alternate I (Oct 2001) of 52.219-9.__ __ (17) (iii) Alternate II (Oct 2001) of 52.219-9.__ __ (17) (iv) Alternate III (Oct 2015) 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 (Nov 2011)(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 Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657 f).__X __ (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) (1 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).__ __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016)(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).__ __ (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).__ __ (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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).__ __ (33) (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.)__ _ (35) (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).__ _ (36) (ii) Alternate I (Oct 2015) of 52.223-13.__ _ (37) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).__ _ (37) (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 (Oct 2015) (E.O.s 13423 and 13514).__ _ (39) (ii) Alternate I (Oct 2015) 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).__ __ (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).__ _ (42) (ii) Alternate I (May 2014) of 52.225-3.__ _ (42) (iii) Alternate II (May 2014) of 52.225-3.__ _ (42) (iv) Alternate III (May 2014) of 52.225-3.__ __ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).__X __ (44) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of 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)).__ __ (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).__ _ (54) (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).__ __ (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 (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 paragraphs (e)(1) of this paragraph 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) 52.219-8, 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 $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.(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 (Oct 2015) (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 (Feb 2016) (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) __X __ (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 (Oct 2015) (E. O. 12989).(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).(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 paragraphs (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. ADDENDUM TO CLAUSE 52.212-4 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) (IAW CARFARS 1301.602-170) 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2015) (IAW FAR 4.1804(c), FAR 12.301(d)) 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (IAW FAR 4.1202(b)) 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (IAW CARFARS 1309.507-2(c)) 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (IAW CARFARS 1309.507-2(d)) 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015) (IAW FAR 12.301(b)(3))1352.102 Incorporating provisions and clauses may be referenced at: http://www.ecfr.gov/cgi-bin/text-idx?SID=045b49e7009e865507fd12c6c91ef06a&node=48:5.0.6.50.44.1&rgn=div6 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to reportfraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause) 52.252-2 Clauses Incorporated By Reference (Feb 1998). This contract incorporates on 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: https://www.acquisition.gov/far/index.html THE FOLLOWING IS FILL-IN DATA FOR CLAUSE 52.212-5 PARA (b)(22): 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 541519 assigned to solicitation number NFFS7300-16-02775CM. [Contractor to sign and date and insert authorized signer's name and title]. 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (IAW FAR 32.706-3) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (IAW FAR 32.009-2) 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (IAW CARFARS 1346.503)(b) The place of acceptance will be:________________________________________________________________________________________________ 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (IAW FAR 52.107(f))(a) The use in this contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2).clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. SOLICITATION PROVISIONSREPRESENTATIONS, INSTRUCTIONS AND EVALUATIONS 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016) (IAW FAR 12.301(b)(2))An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (r) of this provision. (a) Definitions. As used in this provision-"Economically disadvantage women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program."Forced or indentured child labor " means all work or service--(1) Extracted from any person under the age of 18 under the menace of penalty for its nonperformance and for which the worker does not offer himself voluntarily; or(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties."Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner."Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product and service codes (PSCs) 1000-9999, except-(1) PSC 5510, Lumber and Related Basic Wood Materials;(2) Product or Service Group (PSG) 87, Agricultural Supplies;(3) PSG 88, Live Animals;(4) PSG 89, Subsistence;(5) PSC 9410, Crude Grades of Plant Materials;(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;(8) PSC 9610, Ores;(9) PSC 9620, Minerals, Natural and Synthetic; and(10) PSC 9630, Additive Metal Materials."Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture."Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor."Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;(3) Consist of providing goods or services to marginalized populations of Sudan;(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;(5) Consist of providing goods or services that are used only to promote health or education; or(6) Have been voluntarily suspended."Sensitive technology"-(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--(i) To restrict the free flow of unbiased information in Iran; or(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3))."Service-disabled veteran-owned small business concern"--(1) Means a small business concern--(i) Not less than 51 percent of which is owned by one or more service--disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.(2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16)."Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation."Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition."Subsidiary" means an entity in which more than 50 percent of the entity is owned-(1) Directly by a parent corporation; or(2) Through another subsidiary of a parent corporation."Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances."Veteran-owned small business concern" means a small business concern--(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and(2) The management and daily business operations of which are controlled by one or more veterans."Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern--(1) That is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and(2) Whose management and daily business operations are controlled by one or more women."Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.(2) The offeror has completed the annual representations and certification electronically via the SAM website accessed through http://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.(1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ] is, [ ] is not a women-owned small business concern.Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ______________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-(i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ______________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern.(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:______________________________________________________(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ____________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246--(1) Previous Contracts and Compliance. The offeror represents that--(i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation; and(ii) It [ ] has, [ ] has not filed all required compliance reports.(2) Affirmative Action Compliance. The offeror represents that--(i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or(ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payment of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American--Supplies, is included in this solicitation.)(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product," The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."(2) Foreign End Products: Line Item No. Country Of Origin _______________ _________________________________ __________________[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American--Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country Of Origin _______________ _________________________________ __________________[List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country Of Origin _______________ _________________________________ __________________[List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:(g) (1) (ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act": (ii) Canadian End Products: Line Item No. ______________________________[List as necessary] (3) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g) (1) (ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act":Canadian or Israeli End Products: Line Item No. Country Of Origin _______________ _________________________________ __________________[List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:(g) (1) (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act":Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country Of Origin _______________ _________________________________ __________________[List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country Of Origin _______________ _________________________________ __________________[List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-(1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating criminal tax laws, or receiving stolen property;(3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and(4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.(i) Taxes are considered delinquent if both of the following criteria apply:(A) The tax liability is finally determined.

LABORATORY SCALE, HEAT EXTRUDER

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published June 27, 2016  -  Deadline July 7, 2016
cpvs

[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] □ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. □ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies-(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). □ TIN: ________________________________.□ TIN has been applied for.□ TIN is not required because:□ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;□ Offeror is an agency or instrumentality of a foreign government;□ Offeror is an agency or instrumentality of the Federal Government.(4) Type of organization. □ Sole proprietorship;□ Partnership;□ Corporate entity (not tax-exempt);□ Corporate entity (tax-exempt);□ Government entity (Federal, State, or local);□ Foreign government;□ International organization per 26 CFR 1.6049-4;□ Other ________________________________.(5) Common parent. □ Offeror is not owned or controlled by a common parent;□ Name and TIN of common parent:Name ________________________________.TIN _________________________________.(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations.(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The Offeror represents that- (i) It □ is, □ is not an inverted domestic corporation; and(ii) It □ is, □ is not a subsidiary of an inverted domestic corporation.(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products.(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation.(1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:Immediate owner CAGE code: ____________________.Immediate owner legal name: _____________________.(Do not use a "doing business as" name)Is the immediate owner owned or controlled by another entity: □ Yes or □ No.(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:Highest-level owner CAGE code: __________________.Highest-level owner legal name: ___________________.(Do not use a "doing business as" name)(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that-(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.(2) The Offeror represents that-(i) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and(ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):Predecessor CAGE code: ________ (or mark "Unknown")Predecessor legal name: _________________________(Do not use a "doing business as" name)(End of provision)(XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition.(MAY 2015) (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial applies to this acquisition. (JUN 2016) The following clauses under subparagraph (b) apply: (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:52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JUN 2016)(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 (Nov 2015) (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.] __ (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 (Oct 2015) (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 (Oct 2015) (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. (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]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. __ (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 2015) (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 2015) of 52.219-9. X 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 (Nov 2011) (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. 657 f). X (22) 52.219-28, Post Award Small Business Program Representation (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 (Feb 2016) (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). __ (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). __ (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 (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). (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) 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 Televisions (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. 13693).__ (45) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (46)(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. __ (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (48) 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). __ (49) 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). __ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (58)(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, Non-displacement 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). __ (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 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) 52.219-8, 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 $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. (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 (Oct 2015) (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 (Feb 2016) (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) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). 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 (OCT 2015) (E.O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (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)on 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: https://www.acquisition.gov/far/index.html (End of Clause) FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998), This contract incorporates on 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: https://www.acquisition.gov/far/index.html (End of Clause) FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of Commerce Acquisition Regulation (48 CFR Chapter 1352) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representations and Certifications (Oct 2015)(End of provision) FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Commerce Acquisition Regulation (48 CFR Chapter 1352) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) (XIII) The following clauses are also applicable to this acquisition: FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (Feb 1998)This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://ww.acquisition.gov/far/index.html(End of provision) The following Additional FAR terms and conditions apply:FAR 52.204-13 System for Award Management Maintenance (Jul 2013)FAR 52.214-34 Submission of Offers in the English Language (Apr 1991) FAR 52.214-35 Submission of Offer in U.S. Currency (Apr 1991)FAR 52.247-29, F.O.B. Origin (Feb 2006) FAR 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) (FEB 2015)(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(End of provision) DEPARTMENT OF COMMERCE CLAUSES:CAR 1352.201-70, Contracting Officer's Authority (Apr 2010) CAR 1352.209-73 Compliance With the Laws (Apr 2010) CAR 1352.209-74 Organizational Conflict of Interest (Apr 2010)CAR 1352.246-70 Place of Acceptance (Apr 2010)(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.(b) The place of acceptance will be:RES ASSESS AND CONSERV ENGINENOAA/NMFS 7600 SAND POINT WAY NE/F/AKC1SETTLE, WA 98115-6349 CAR 1352.233-70, Agency Protests (Apr 2010)(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)(b) Agency protests filed with the Contracting Officer shall be sent to the following address:Suzanne A. Romberg-GarrettContracting OfficerNOAA/AGO Western Acquisition Division-Boulder325 Broadway SOU6Boulder, CO 80305FAX: 303-497-5110(a) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:Barry BerkowitzSenior Procurement Executive andDirector, Office of Acquisition ManagementU.S. Department of CommerceRoom 6422Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington DC 20230 FAX: 202-482-1711(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.(e) Service upon the Contract Law Division shall be made as follows:U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230.(End of clause) CAR 1352.233-71 GAO and Court of Federal Claims protests (Apr 2010)(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows:U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230.FAX: (202) 482-5858(End of clause)(XIV) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply. (XV) Quotes are required to be received in the contracting office no later than 12:00 P.M. MDT on JULY 7, 2016. All quotes must be emailed to the attention of Joy A. Richardson and the email address is joy.a.richardson@noaa.gov XVI) Any questions regarding this solicitation should be directed to Joy. A. Richardson at 303-497-4973 or email to: joy.a.richardson@noaa.gov.