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Y--FY14 TEMF PN76777 and FY14 COF PN78196 at JBLM, WA

Department of the Army, U.S. Army Corps of Engineers | Published July 15, 2015  -  Deadline August 31, 2015
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FOR INFORMATION ONLY: This Synopsis is ONLY A NOTIFICATION that a solicitation is anticipated and forthcoming. All questions regarding this SYNOPSIS should be submitted in writing via email to the Contract Specialist as noted below. It has been determined that competition will be limited to SMALL BUSINESS and the assigned NAICS code. The USACE Seattle District has a requirement for the construction of: Company Operations Facility (COF): Construct 68,900 gross square foot standard design Company Operations Facility (COF) with attached Covered Hardstand, building information systems, fire protection and alarm systems, Intrusion Detection System (IDS) installation, and Energy Monitoring Control Systems (EMCS) connection. Sustainability and energy efficiency features will be provided to meet LEED quote mark Silver quote mark requirements. Tactical Equipment Maintenance Facility (TEMF): Construct a 35,874 gross square foot standard design Tactical Equipment Maintenance Facility (TEMF) with vehicle maintenance shops, vaults, traveling bridge crane and associated specialized mechanical systems. Ancillary structures include Petroleum, Oils and Lubricant (POL) storage buildings, Tactical Unmanned Aerial Vehicle (TUAV) storage buildings, Hazardous Waste Storage Buildings (HWSB), and Organizational Storage Buildings (OSB). Building systems include: building information systems, fire protection and alarm systems, Intrusion Detection Systems (IDS) installation and Energy Monitoring Control Systems (EMCS) connection. Sustainability and energy efficiency features will be provided to meet LEED quote mark Silver quote mark requirements. Site Design and Supporting facilities must be completed as design build to include: anti-terrorism/force protection features, site development, utilities and connections, lighting, organizational vehicle parking, private owner vehicle (POV) parking with associated paving, walks, curbs and gutters, storm drainage, information systems, landscaping and signage. Additionally, this construction project may include a revised site design and reconstruction of roadways and utility systems adjacent to the site. The construction costs of this project will be subject to the disclosure of the magnitude of construction project, Department of Defense Federal Acquisition Regulation (DFAR) 236.204, between $25,000,000 and $100,000,000. The completion period is not to exceed 540 calendar days after NTP. The NAICS code for this project is 236220 with a small business size standard of $36.5M. The solicitation will be a Design-Bid-Build (DBB) competitive Request for Proposal (RFP) in accordance with procedures outlined Federal Acquisition Regulation (FAR) Part 15 and will include non-price and price evaluation factors. A firm-fixed price contract will be negotiated as a result of the solicitation. This DBB RFP project is: limited to SMALL BUSINESS. The solicitation documents for this project will be available via the Federal Business Opportunities (FBO) website at www.fbo.gov under solicitation number W912DW-15-R-0019, ON OR ABOUT 30 JULY 2015. Your firm must be registered with the FBO website to download the solicitation documents. NO CD'S OR HARD COPIES WILL BE MADE AVAILABLE. Downloads are available only through the FBO website. Offerors are responsible for checking the FBO website frequently for any update(s) to this Notice. The Government is not responsible for any loss of internet connectivity or for an Offeror's inability to access the document(s) at the referenced website. To obtain automatic notifications of updates to this solicitation, you MUST log in to www.fbo.gov and add the solicitation to your quote mark Watchlist. quote mark If you would like to list your firm so others can see you are an interested vendor, you must click the quote mark Add Me to Interested Vendors quote mark button in the listing for this solicitation. For additional Seattle District Contracting opportunities, visit the Army single Face to Industry at https://acquisition.army.mil/asfi/sol_list.cfm?pContractOfcID=165 or go to the FedBizOps postings at https://www.fbo.gov/index?s=opportunity&mode=list&tab=list for the latest listings. Type quote mark USACE District Seattle quote mark [including quotes] in the Keywords/SOL #: box for Seattle District listings only. POINT-OF-CONTACT: The point-of-contact for administrative or contractual questions is the contract specialist, John Scola. His email is: John.P.Scola@usace.army.mil. Please no phone calls. All questions must be submitted in writing to the above point-of-contact. Please do not ask any technical questions, as answers to technical questions shall only be available through an online system during the solicitation process.

Y--FY13 MCA, PN 64456, BCT Complex - Phase 3A, UEPH (Unaccompanied Enlisted Personnel Housing) at JBLM, WA

Department of the Army, U.S. Army Corps of Engineers | Published December 16, 2014  -  Deadline January 30, 2015
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The U.S. Army Corps of Engineers, Seattle District (NWS) intends to issue a Two-Phase Design--Build Solicitation for the design and construction of the FY 13 MCA, PN 64456, BCT Complex - Phase 3A, UEPH located at Joint Base Lewis-McChord (JBLM), Washington. This acquisition is a 100% Small Business Set-Aside and will be issued as a Two-Phase Design--Build Request for Proposal which will result in the award of a single Firm Fixed Price (FFP) construction contract. Phase 1 of the Solicitation will be available on or about 31 December 2014 on the Federal Business Opportunities (FBO) website at www.fbo.gov. The Phase One Proposals will be due approximately 30 days later. The solicitation, including any amendments, shall establish the official opening and closing dates and times. The FY13 Barracks (PN 64456) will include the construction of standard design Unaccompanied Enlisted Personnel Housing (UEPH). Primary facilities include UEPH for 324 Soldiers with building information systems, antiterrorism measures, fire protection and alarm systems, Intrusion Detection System (IDS) installation, and Energy Monitoring Control Systems (EMCS) connection. Sustainability/Energy measures will be provided. Supporting facilities include site development, utilities and connections, lighting, paving, walks, curbs and gutters, storm drainage, information systems, landscaping and signage. Utilities will include connections for water (domestic and fire protection), sanitary sewer, gas, and power and communication lines. Heating will be provided using gas as the primary heat source. Mechanical ventilation for 200,000 CFM will be provided. Measures in accordance with the Department of Defense (DoD) Minimum Antiterrorism for Buildings standards will be provided. Comprehensive building and furnishings related interior design services are required. Access for individuals with disabilities will be provided. Facilities will be designed to a minimum life of 50 years and energy efficiencies meeting, on average, American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) 189.1 standards through improved building envelop and integrated building systems performance. The project will incorporate sustainable design features, and the project will have a goal of achieving a LEED Silver certification and will be registered under v3.0. The design and construction costs of this project will be subject to the contract cost limitation (CCL) of $33,629,000 and a completion period not to exceed 540 calendar days after NTP. The NAICS code for this project is 236220 with a small business size standard of $36.5M. The solicitation will be a two-phase Design-Build competitive RFP in accordance with procedures outlined in Federal Acquisition Regulation (FAR) Part 36.3 entitled quote mark Two-Phase Design-Build Selection Procedures. quote mark There will be a Phase One (submission of experience, past performance, qualifications, organization and technical approach) and a Phase Two (submission of technical and price proposals). Those firms that wish to be considered for Phase One may provide submittals in accordance with instructions in the solicitation. The submittals will be evaluated and the Contracting Officer will select up to five (5) of the most highly qualified Offerors. Phase Two will require the Offerors selected in Phase One to submit technical and price proposals, which will be evaluated utilizing the best value process as defined in Federal Acquisition Regulation (FAR) Part 15 and will include non-price and price evaluation factors. A firm-fixed price contract will be negotiated as a result of the solicitation. As previously stated, this project is set-aside for Small Businesses. And the solicitation documents for Phase 1 of this project will be available via the Federal Business Opportunities (FBO) website at www.fbo.gov under solicitation number W912DW-15-R-0007, ON OR ABOUT 31 December 2014. Your firm must be registered with the FBO website to download the solicitation documents. NO CD'S OR HARD COPIES WILL BE MADE AVAILABLE. Downloads are available only through the FBO website. Offerors are responsible for checking the FBO website frequently for any update(s) to this Notice. The Government is not responsible for any loss of internet connectivity or for an Offeror's inability to access the document(s) at the referenced website. To obtain automatic notifications of updates to this solicitation, you MUST log in to www.fbo.gov and add the solicitation to your quote mark Watchlist. quote mark If you would like to list your firm so others can see you are an interested vendor, you must click the quote mark Add Me to Interested Vendors quote mark button in the listing for this solicitation. For additional Seattle District Contracting opportunities, visit the Army single Face to Industry at https://acquisition.army.mil/asfi/sol_list.cfm?pContractOfcID=165 or go to the FedBizOps postings at https://www.fbo.gov/index?s=opportunity&mode=list&tab=list for the latest listings. Type quote mark USACE District Seattle quote mark [including quotes] in the Keywords/SOL #: box for Seattle District listings only. POINT-OF-CONTACT: The point-of-contact for administrative or contractual questions is John Scola at email: John.P.Scola@usace.army.mil. Please no phone calls. All questions must be submitted in writing to the above point-of-contact. Please do not ask any technical questions, as answers to technical questions are only available through an online system during the solicitation process.

C--ARCHITECT-ENGINEER (A-E) INDEFINITE DELIVERY, INDEFINITE QUANTITY (IDIQ) CONTRACT FOR MULTI-DISCIPLINE DESIGN AND CONSTRUCTION SUPPORT SERVICES, PRIMARILY FOR JOINT BASE LEWIS-MCCHORD (JBLM) WASHINGTON

Department of the Army, U.S. Army Corps of Engineers | Published April 8, 2015  -  Deadline May 11, 2015
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PLEASE NOTE: This is NOT a Request for Proposals. There is no solicitation package to download. All information required to submit the SF330 documents is contained herein. 1. CONTRACT INFORMATION: The Seattle District Corps of Engineers has a requirement for an Architect-Engineer (A-E) Indefinite-Delivery, Indefinite-Quantity (IDIQ) Contract for Multi-Discipline Design and Construction Support Services, primarily for Joint Base Lewis-McChord (JBLM) and its Sub-Installations. This contract is being procured in accordance with the Brooks A-E Act as implemented in FAR Part 36.6. Firms will be selected for negotiation based on demonstrated competence and qualifications for the required work. The scope and purpose of this IDIQ Contract will be to provide full multi-discipline and abbreviated design services for renovation, repair and minor construction projects at Joint Base Lewis-McChord and its sub-installations. The effective period of the Contract shall be a one-year Base Period with the option to extend for four (4) additional one-year Option Periods. Work under this IDIQ Contract will be issued by Firm-Fixed Price (FFP) Task Orders. The Contract will have an individual Task Order limit of $500,000 per Task Order and the maximum value of all work issued under the Contract will be limited to $5,975,000 over five years. Multiple Task Orders may be awarded with similar completion schedules and overlapping delivery dates. The Government makes no representation as to the number of Task Orders or the actual amount of work to be ordered. Contractors are not guaranteed work in excess of the minimum guarantee. Firms that design or prepare specifications for a construction Contract or Task Order issued under the resulting Contract are prohibited from participating in the subsequent construction. This limitation also applies to subsidiaries/affiliates of the firm. The primary North American Industrial Classification System (NAICS) Code for this acquisition is 541330, with a small business size standard of $15M. For the purposes of this procurement, a concern is considered a small business if its average annual gross receipts are $15 million or less over the last three fiscal years. This acquisition is a 100% TOTAL SMALL BUSINESS SET-ASIDE and is therefore open to all qualified small businesses under the NAICS code of 541330. In accordance with DFARS 252.204-7004, Alternate A, all firms must be registered in the System for Award Management (SAM) database prior to award of any Government Contract. For information or assistance with registering in the SAM database, log on the Internet website at https://www.sam.gov/portal/SAM/#1. 2. PROJECT INFORMATION: The Architect-Engineer (A-E) firm awarded the A-E IDIQ Contract will perform various duties as specifically identified in individual Task Orders awarded under the IDIQ Contract. These duties may include, but are not limited to, the following: a. Prepare full or abbreviated designs, drawings, specifications, charrettes, preliminary studies, sketches, layout plans, surveys, reports, engineering calculations, and design-build Request for Proposal (RFP) packages and cost estimates for a variety of projects involving the maintenance, repair, alteration and/or new construction of projects at Joint Base Lewis-McChord and its sub-installations and projects assigned to Seattle District, USACE. Designs may also include design-build projects requiring preparation of material takeoffs and bills of materials. The Government may provide government designs, drawings, specifications, and standards for buildings, structures and other facilities as necessary to assist the A-E firm in meeting the requirements of the proposed project. The number of copies of the RFP packages, designs, studies, sketches, plans and reports to be furnished to the Government will be set forth in each individual Task Order. Project designs may consist of architectural, civil, mechanical and/or electrical design, interior design, and hazardous material abatement surveys and reports. b. Prepare detailed cost estimates, obtain necessary permits, licenses and approvals, prepare informal shop drawings and abbreviated design analysis as well as perform limited surveying and geotechnical services. c. adhere to JBLM's Environmental Management System and incorporate the concepts of Leadership in Energy and Environmental Design (LEED), Low Impact Development (LID) and Sustainable Design and Development (SDD) as well as Anti-Terrorism/Force Protection (AT/FP) measures. d. Perform construction support services as required. 3. SELECTION CRITERIA: The selection criteria for this particular procurement are as follows: Criterion (1), Specialized Experience and Technical Competence (SF 330, Section F) and Criterion (2), Professional Qualifications (SF 330, Section E); The remaining Criteria are to be addressed in SF 330, Section H: Criterion (3), Past Performance; Criterion (4), Capacity; Criterion (5), Knowledge of the Locality; Criterion (6), Extent of Small Business Participation; Criterion (7), Geographical Proximity; and Criterion (8), Equitable Distribution of Work. Criteria (1) through (5) are PRIMARY criteria and will be evaluated for all firms. Criteria (6) through (8) are SECONDARY criteria and shall only be used as tie-breakers should the application of criteria numbers (1) through (5) result in firms being rated as equal. Criteria are listed in descending order of importance. SF 330s will be evaluated to determine the most highly qualified firm. Evaluating Past Performance may include information provided by the firm, customer inquiries, Government databases, and publicly available sources. Failure to provide requested data, accessible points of contact, or valid phone numbers could result in a firm being considered less qualified. In evaluating an Offeror's capability, the Government may consider how well the offeror complied with these instructions. All projects provided in the SF 330 must be completed by the office/branch/individual team member actually performing the work under this Contract; projects not performed by the office/branch/individual team member will be excluded from evaluation consideration. FIRMS SLATED AS MOST HIGHLY QUALIFIED: To assist the Government in selecting the most highly qualified contractor, those firms slated as highly qualified may be interviewed or asked to submit supplemental responses. PRIMARY CRITERIA: SF 330, PART 1, SECTION F, CRITERION (1) SPECIALIZED EXPERIENCE and TECHNICAL COMPETENCE of the proposed firm. Submission Requirements: For the proposed team, provide a maximum of ten (10) specific, completed projects that best illustrate overall team experience in providing full multi-discipline and abbreviated design services for renovation, repair and minor construction projects. Completed projects are defined as those in which the firm's performance of the task for which it was hired (i.e. design and/or construction support services) is complete. Discuss conformance to scope, adherence to performance schedules, limiting changes and delivering a product that satisfies the requirements. The evaluation will consider current and former relationships between the prime A-E firm and its proposed sub-consultants. Projects that demonstrate experience completing work that requires anti-terrorism/force protection (AT/FP) criteria knowledge may be rated more favorably for this criterion. Projects that demonstrate experience in incorporating Leadership in Energy and Environmental Design (LEED); concepts and principles of Low Impact Development (LID) and Sustainable Design and Development (SDD) may also be rated more favorably for this criterion. SF 330, PART 1, SECTION E, CRITERION (2) PROFESSIONAL QUALIFICATIONS of key personnel to be assigned to this Contract. Resumes shall be provided for key personnel and proposed sub-consultants for all A-E disciplines, including civil, structural, electrical, mechanical, environmental, fire protection, architectural and interior design, sustainable design and cost engineering. In the resumes under Project Assignments, use the same disciplines nomenclature as is used in this announcement. Key personnel are defined as lead designers for key disciplines, Project Manager and Quality Control Manager to be assigned to this Contract. Key personnel proposed are required to be licensed or certified professionals, as applicable. The evaluation will consider education, training, registration, overall and relevant experience. For sub-consultant key personnel, the evaluation will also consider current and former relationships with the prime A-E firm. It is expected that the individuals identified as key personnel will be the individuals performing these positions under the resulting contract. Any changes to the proposed key team members after submission of qualifications MUST be approved by the Contracting Officer. Submission Requirements: Provide brief resumes of each proposed team member who will specifically perform the major tasks in the disciplines listed above under this Contract. Provide the highest level of education achieved and the number of years engaged in the discipline. Each resume shall include a maximum of five (5) specific completed projects that best illustrate the individual member's qualifications for the position for which the key member is being proposed. Completed projects are defined as those in which the firm's performance of the task for which it was hired (i.e. design and/or construction support services) is complete. Projects submitted where the key member has performed in the role proposed for this Contract may be evaluated more favorably. As referenced in the SF 330, Part 1, Section D, provide an organization chart identifying each member of the project team. As a minimum, key personnel must be included. Indicate the branch office location of each team member. SF 330, SECTION H, CRITERION (3) PAST PERFORMANCE of the firm and the project team on DoD and other contracts with respect to cost control, quality of work, and compliance with performance schedules. In its evaluation of past performance, in addition to information submitted by the firm, the Government will consider information obtained from the Past Performance Information Retrieval System (PPIRS) and any other sources deemed necessary by the Government. Firms are encouraged to contact the appropriate Government Project Managers, Contracting Officers, or Contracting Officer's Representatives to ensure CPARS (formerly called ACASS) evaluations have been submitted on completed Government projects, particularly for those projects submitted under Criteria 1 and 2. Submission Requirements: Provide a brief narrative that demonstrates past performance and indicates effectiveness on contracts with Government agencies and private industry in terms of cost control, quality of work and compliance with performance schedules. It is the responsibility of the firm to explain how the past performance information is relevant to the proposed Contract. Firms may also provide information on problems encountered in prior contracts and discuss actions taken to remedy unsatisfactory performance. Identify recent awards, commendations, and other performance evaluations outside of CPARS. Past performance of the following types of projects may be given additional consideration under this criterion: 1) recently completed DOD contracts and/or projects identified in Criteria 1 and 2; 2) projects performed by key personnel or major sub-consultants under the proposed team structure; 3) projects requiring anti-terrorism/force protection (AT/FP) criteria knowledge; 4) projects that incorporate Leadership in Energy and Environmental Design (LEED), concepts and principles of Low Impact Development (LID), and Sustainable Design and Development (SDD); and 5) projects in one or more of the following experience areas (renovation of facilities, remodeling of facilities, minor new construction, and work performed on a military installation). SF 330, SECTION H, CRITERION (4) CAPACITY of the proposed team to accomplish the work of the required type and the dollar amount stated in this announcement. Submission Requirements: Describe the firm's ability to utilize an adequate number of personnel in key disciplines and the proposed team's ability to complete several large and small multidisciplinary Task Orders concurrently requiring quick turn-around. Indicate the firm's present workload and the availability of the project team (including sub-consultants) for the specified Contract performance period. Indicate specialized equipment available. Firms that demonstrate a comprehensive plan to manage several large and small multidisciplinary Task Orders concurrently, and that show availability of resources for surge support, may be evaluated more favorably under this criterion. SF 330, SECTION H, CRITERION (5) KNOWLEDGE OF THE LOCALITY of the Contract as it relates to engineering design. Submission Requirements: Provide a narrative that describes and illustrates the team's knowledge of work in the locality of the Contract as it relates to engineering design. Firms that can demonstrate knowledge of the local area's geological features, climatic conditions, historical building preservation knowledge, and/or local construction methods may be rated more favorably for this criterion. SECONDARY CRITERIA: SF 330, SECTION H, CRITERION (6) EXTENT OF SMALL BUSINESS PARTICIPATION (including Women-Owned Small Businesses (WOSB), Small Disadvantaged Businesses (SDB), and Service-Disabled Veteran-Owned Small Business (SDVOSB) minority institutions) in the proposed contract team, measured as a percentage of the total estimated effort. Submission Requirements: All firms responding to this announcement shall provide a brief narrative identifying the extent to which Small Businesses (SBs), Veteran-Owned Small Businesses (VOSBs), Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), HUBZone Small Businesses, Small Disadvantaged Businesses (SDBs), Woman-Owned Small Businesses (WOSBs), and Historically Black Colleges/Universities or Minority Institutions (HBCU/MIs) would be used in the performance of this proposed Contract as well as the firm's prior level of commitment to using these small businesses in the performance of prior contracts. A subcontracting plan is not required with this submittal. Firms demonstrating a high level of utilization of small business in sub-consultant roles may be evaluated more favorably under this criterion. SF 330, SECTION H, CRITERION (7) GEOGRAPHICAL PROXIMITY to Joint Base Lewis-McChord (JBLM). Submission Requirements: Identify the firm's location of main offices, branch offices, and sub-consultant's offices. Describe and illustrate the team's availability to work in the geographical area. Address ability of the firm to ensure timely response to requests for on-site support. Firms with a local office, within 50 miles by road, of JBLM may be evaluated more favorably under this criterion. SF 330, SECTION H, CRITERION (8) EQUITABLE DISTRIBUTION OF THE WORK. Submission Requirements: Provide a list of DOD contracts awarded in the last 12 months. Include the dollar amount for each DOD contract/task order awarded. Firms with multiple offices shall indicate which branch office is/was responsible for each project. Include agency phone numbers and points of contact. 4. GENERAL SUBMISSION REQUIREMENTS: Interested firms having the capabilities to perform work under this proposed Contract must submit the following: One (1) original and four (4) copies of the SF 330, including a completed Part II for the firm and key sub-consultants. Please note that a separate SF330, Part I is not required for each sub-consultant. The SF330 Part I shall not exceed 50 single or 25 double-sided pages (8.5 quote mark x 11 quote mark ), not including tabs/page dividers or table of contents. Minimum font size is 10. Submittals should be mailed or delivered to Ms. Kathaleen Schollard, USACE Seattle District, Special Projects Branch, CECT-NWS-S (Schollard) at Bldg 2015, N. 4th and Pendleton, Joint Base Lewis-McChord, WA, Room 337. Proposals are due not later than 2:00 PM Pacific Daylight Time (PDT) on Monday the 11th of May 2015. Submittals received after this date and time will not be considered. Accordingly, firms are advised to plan for potential delays in delivery including, but not limited to, weather, traffic, building security, etc. No e-mail or facsimile submittals will be accepted. Elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this announcement are not desired. THIS PROCUREMENT IS OPEN TO ELIGIBLE SMALL BUSINESS CONCERNS ONLY. POC: Any questions regarding this announcement should be addressed to Kathaleen Schollard at kathaleen.schollard@usace.army.mil. Contracting Office Address: U.S. Army Corps of Engineers, Seattle District, Contracting Division, Special Projects Branch, Bldg 2015, Room 337, North 4th and Pendleton, Joint Base Lewis-McChord, Washington 98433

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
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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.

Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside Indefinite Delivery Indefinite Quantity (IDIQ) for Architect-Engineering (A-E) Services within the Northwestern Division (MEGA Phase B)

Department of the Army, U.S. Army Corps of Engineers | Published June 22, 2016  -  Deadline July 22, 2016
cpvs

ARCHITECT AND ENGINEERING SERVICESService-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside Indefinite Delivery Indefinite Quantity (IDIQ) for Architect-Engineering (A-E) Services within the Northwestern Division (MEGA Phase B) 1. Contract Information: The Northwestern Division (NWD) of the U.S. Army Corps of Engineers has a requirement to acquire Architect-Engineer (A-E) Hazardous, Toxic, and Radioactive Waste (HTRW)/Environmental Indefinite Delivery Contracts (IDC) for execution of its environmental mission. This contract acquisition is part of NWD's Phase B of the Multiple Environmental Government Acquisition (MEGA). This regional A-E contract acquisition will be conducted in accordance with Public Law 92-582, the Brooks Act, and Federal Acquisition Regulation (FAR) Subpart 36.6 and Defense Federal Acquisition Regulation Supplement (DFARS) 236.6. The majority of the work will be located in NWD (including Kansas City, Omaha, and Seattle Districts). The Government intends to award a contract as a Small Disadvantaged Veteran Owned Small Business (SDVOSB) set aside for this requirement. Contract will have a maximum ordering amount of $6 million over the life of the contract. However, if the Contracting Officer determines during the selection process that fewer or more than one (1) contracts should be awarded, based on the selection criteria, the Contracting Officer has the discretion of adjusting that number, or awarding none at all. This announcement is open to all SDVOSB concerns. The period of performance for each contract will include a base period of three (3) years and two (2) option periods of one (1) year each that can be exercised in accordance with the contract. It is anticipated that the contracts will be awarded not earlier than August 2016. Task orders will be issued as the need arises during the contract ordering period. Task order assignments will be determined with consideration of each firm's specialized experience and technical competence, professional qualifications, past performance, capacity, and knowledge of locality. These task orders will be firm fixed-price type orders. The NAICS Code for this procurement is 541330 -- Engineering Services. For the purposes of this procurement a concern is considered a small business if its average annual gross receipts are $15 million or less. More than one contract may be awarded for the same scope of work. Under the Brooks Act, there is no price competition and selection on the most highly qualified firms will be based on demonstrated competence and professional qualifications. Once selected, the most highly qualified firm will have the opportunity to negotiate with the Government on a fair and reasonable price. When the requirement is identified, the government will notify all contractors in the pool that an evaluation will be conducted. The notification will include whether the contractor's SF 330 will be used or if the government requires unique experience or qualifications to be submitted for the task order evaluation. Specialized experience and technical competence, professional qualifications, past performance, capacity, and knowledge of locality will be considered for task orders to determine which firm is best qualified to accomplish the work. The ordering period for the Indefinite Delivery/ Indefinite Quantity (IDIQ) will begin on the date of contract award and will be in effect for the three (3) year base period; in addition there is a provision for two (2) option periods of one (1) year each; if the option period is exercised, the length of the ordering period will be five (5) years in total. The period of performance for task orders awarded under the IDIQ will be determined based upon the work requirement (not to exceed five (5) years) and will be included in the task order solicitation and negotiated award documents. A Request for Proposal (RFP) will be issued to the selected firm for each task order. The Service Contract Act of 1965, as Amended, is applicable to this solicitation and resulting contracts and will be incorporated into each task order. Service wage rates will be determined relative to both the employee's office location and the location of the work. To be eligible for contract award, a firm must have a D-U-N-S number from Dun & Bradstreet (D&B) and be registered in the System for Award Management (SAM). For information in regard to opening an SAM account, see the following link for instructions: https://www.sam.gov/sam/transcript/Quick_Guide_for_Contract_Registrations_v1.7.pdf. Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.sam.gov or by calling (866) 606-8220. Additionally, in accordance with FAR Subpart 22.1303, all firms must complete their VETS-4212 report. Information can be found at the Department of Labor website http://www.dol.gov/vets/programs/fcp/main.htm , or call the service center at 1-866-237-0275; be prepared to provide the company name, employer identification number (EIN), and DUNs number. 2. Project Information: Firms must be capable of performing work on a wide variety of HTRW/environmental sites in a manner that complies with federal, state, and local regulations and laws, and within time frames required. At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. A majority of the work to be performed is expected to be for HTRW/environmental sites within the area of responsibility of USACE NWD. Specific needs will be determined based upon project requirements as described in each task order. Project assignments will typically require performance on-site and in an office setting. Selected firms will work on a variety of hazardous waste and other environmental projects, including, but not limited to contaminated soil and groundwater, contaminated sediments, radioactive and mixed wastes, underground storage tanks and fueling systems, and habitat restoration and mitigation. Assignments will include site investigations, subsurface exploration, chemical sampling, testing and analyses, hazard evaluations, feasibility and other engineering studies and reports, groundwater and other modeling, contaminant fate and transport analysis, human health and ecological risk assessments, HTRW remedial designs, preparation of plans and specifications, cost estimating, value engineering screenings and studies, field inspections, verification of existing conditions, pilot studies, surveying and mapping, community relations, construction-phase services (engineering design during construction, checking design drawings), archaeological investigations and mitigation, wetlands determination and mitigation studies, storm water design (including drainage studies and hydraulic modeling), evaluations of green technologies and energy conservation measures, and other related services. 3. Primary Selection Criteria: Selection of the firms will be based on the following primary criteria, listed in descending order of importance, first by major criterion and then by each sub-criterion. Additional consideration will be given for experience and qualifications by the prime or Joint Venture. Criteria A through E are primary criteria and will be evaluated for all offerors. (A) Specialized experience and technical competence of the firm demonstrated during the past five (5) years in the broad range of HTRW/environmental work required for this contract. Firms will be evaluated for experience and competence in areas 1 through 3, below. The most highly qualified firms will have extensive experience in all of the following areas: 1. Investigation, groundwater modeling, design, construction phase services, and preparation of CERCLA/RCRA documents for a variety of hazardous, toxic, and radioactive waste and other environmental projects. Experience must demonstrate wide-ranging capabilities, complex and diverse projects, and differing contaminants in various media. Firms should demonstrate the extent of their capabilities to serve projects located in the USACE NWD. The basis of the evaluation will be the information in Section F of the SF 330. 2. Knowledge of and adherence to regulations and practices pertaining to studies, investigations and remediation including Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Toxic Substance Control Act (TSCA), Clean Water Act (CWA), and National Environmental Policy Act (NEPA). The basis of the evaluation will be the information in Sections F and H of the SF 330. 3. Demonstrated quality management processes and procedures that result in quality end products. Include a narrative description of quality management procedures and implementation to include internal quality control, responsibilities, and a proposed organization chart. The basis of the evaluation will be the information in Sections F and H of the SF 330. (B) Professional qualifications of a firm's staff and team consultants to be assigned to this contract. The education, training, professional registration, proposed job title, overall and relevant HTRW and environmental experience, longevity with the firm, and experience of key personnel will be considered. This criterion is primarily concerned with the qualifications of the key personnel and not the number of personnel. The number of personnel is addressed under the capacity criterion below. Responding firms should demonstrate the professional qualifications of their staff in these key disciplines, which are listed in descending order of importance. List professional registrations, if applicable, for the key disciplines: (1) Project Management; (2) Hydrogeology / Geology; (3) Civil/Geotechnical Engineering; (4) Chemistry; (5) Chemical / Process Engineering; (6) Risk Assessment; (7) Cost Engineering; (8) Environmental Engineering; and (9) Industrial Hygiene. The basis of the evaluation will be the information in Sections E, G, and H of the SF 330. (C) Past performance on Department of Defense (DoD) and other contracts with respect to cost control, quality of work, management/business relations, and compliance with performance schedules. Architect-Engineer Contract Administration Support System (ACASS) merged into a single application under the Contractor Performance Assessment Reports System (CPARS). CPARS is the primary source of information on past performance. CPARS will be queried for all firms submitting a SF 330. Each project in Section F of the SF 330 shall include owner's contact information. If deemed appropriate by the evaluation board, performance evaluations for any significant team subcontractors may also be considered. The board may seek information on past performance from other sources, but is not required to seek other information on the past performance of a firm, if none is available from CPARS. When evaluating past performance, the board will consider the relevancy of performance evaluations on A-E services contracts to the proposed contract, including the type of work, performing office, age of the evaluation, and whether subsequent evaluations indicate a change in a firm's performance. (D) Capacity: The board will consider available capacity of key disciplines identified above from the firm and its team consultants to perform work in the required time. The basis of the evaluation will be the information in Section H and Part II of the SF330. (E) Knowledge of the Locality: The board will evaluate a firm's familiarity with local conditions. Examples include knowledge and experience dealing with geological features and the state/ local regulatory agencies. Work under these contracts may be in a widely dispersed geographic area, therefore, responding firms should demonstrate the extent of their capabilities to serve projects located throughout the USACE NWD. The basis of the evaluation will be the information in Section H of the SF 330. 4. Secondary Selection Criteria: The following secondary criteria will only be used as a tie-breaker among technically equal firms. The secondary criteria will not be co-mingled with the primary criteria in the evaluation. The secondary criterion is Volume of DoD A-E Contract Awards in the last 12 months. Responding firms should cite all contract numbers, task orders and modifications, award dates and total negotiated fees for any DoD A-E contract awarded within the past twelve (12) months. This information will assist in effecting an equitable distribution of DoD A-E contracts among qualified firms. The basis of the evaluation will be the information in Section H of the SF 330. 5. Submittal Requirements: Interested firms having the capabilities to perform this work must submit one (1) original plus five (5) copies and one (1) CD or DVD with searchable Adobe PDF files of one SF 330 (03/2013 edition) for the prime firm that includes all team consultants. Include the firm's DUNS number and CAGE codes in the SF 330, Part I, Sections B and C. A maximum of ten (10) projects for the proposed team, including joint ventures and teaming partners, shall be shown in Section F. For the ten (10) projects submitted in Section F of the SF 330, a "project" is defined as work performed at one site or at a single installation. An IDC is not a project. A project may contain multiple task orders or contracts if they are for multiple phases of the project at the same site or installation. Project descriptions shall clearly state extent of work performed by the team, extent of work completed, and dates of completion. If the offeror provides a specific task order as its "project," it shall provide the base contract number(s) and the task order number(s) for reference purposes. If the offeror provides a site-specific contract as its "project," it shall provide the contract number for reference purposes. Firms should include information regarding the Secondary Selection Criteria in Section H of the SF 330. The SF 330 shall have a total page limitation of 80 printed pages with Section H limited to fifteen (15) pages, and Part II is excluded from the 80 printed page limit. Double-sided sheets will count as two pages. Page sheets of 11 inches X 17 inches will be counted as two (2) pages if printed on one side, and four (4) pages if printed on both sides. For all SF 330 sections, use no smaller than 10 pt. font. Solicitation packages are not provided. This is not a request for proposal. Submittals must be mailed or delivered to the following address not later than 22 July 2016, 2:00 pm Pacific Time (no faxed or other electronic submittals will be accepted): U.S. Army Corps of Engineers, Seattle District Attn: CENWS-CT-A Amy A. WooldridgeP.O. Box 3755Seattle, WA 98124 Submit questions, in writing only, to Amy A. Wooldridge (Contract Specialist) at amy.a.wooldridge@usace.army.mil or Travis Shaw (Technical Advisor) at travis.c.shaw@usace.army.mil. Questions must be submitted no later than 6 July 2016 and must contain the solicitation number in the subject line of the e-mail. Contracting Office Address: U.S. Army Corps of Engineers, Seattle DistrictATTN: CENWS-CT-A Amy A. Wooldridge4735 East Marginal Way SouthSeattle, WA 98134

C--Architect-Engineer (A-E) Indefinite-Delivery, Indefinite-Quantity (IDIQ) Contract For Electrical And Mechanical Design And Construction Support Services At JBLM, WA

Department of the Army, U.S. Army Corps of Engineers | Published April 27, 2015  -  Deadline May 26, 2015
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Questions pertaining to this announcement should be addressed to Shelia Welsh at shelia.a.welsh@usace.army.mil. PLEASE NOTE: This is NOT a Request for Proposals. There is no solicitation package to download. All information required to submit the SF330 documents are contained herein. 1. CONTRACT INFORMATION: The Seattle District Corps of Engineers has a requirement for an Architect-Engineer (A-E) Indefinite-Delivery, Indefinite-Quantity (IDIQ) Contract for Electrical and Mechanical Design and Construction Support Services at Joint Base Lewis-McChord, Washington. This procurement will be evaluated using Brooks Act (PL-92-582) procedures and FAR Part 36. Firms will be selected for negotiation based on demonstrated competence and qualifications for the required work. The scope and purpose of this IDIQ contract will be for the preparation of design-bid-build and design-build solicitations involving electrical and mechanical disciplines for new construction as well as renovation and repair projects; electrical and mechanical system studies; and related construction management services for Joint Base Lewis-McChord (JBLM), Washington. Individual Task Orders to be assigned under this Contract will identify specific requirements. The effective period of the Contract shall be a One-Year Base Period with the option to extend for four (4) additional One-Year Option Periods. Work under this IDIQ Contract will be issued by Firm-Fixed Price (FFP) Task Orders. The Contract will have an individual Task Order limit of $500,000 per Task Order and the maximum value of all work issued under the Contract will be limited to $5,975,000 over five years. Multiple Task Orders may be awarded with similar completion schedules and overlapping delivery dates. The Government makes no representation as to the number of Task Orders or the actual amount of work to be ordered. Contractors are not guaranteed work in excess of the minimum guarantee. Firms that design or prepare specifications for a construction Contract or Task Order issued under the resulting Contract are prohibited from participating in the subsequent construction. This limitation also applies to subsidiaries/affiliates of the firm. The primary North American Industrial Classification System (NAICS) Code for this acquisition is 541330, with a small business size standard of $15M. For the purposes of this procurement, a concern is considered a small business if its average annual gross receipts are $15 million or less over the last three fiscal years. This acquisition is a 100% TOTAL SMALL BUSINESS SET-ASIDE and is therefore open to all qualified small businesses under the NAICS code of 541330. In accordance with DFARS 252.204-7004, Alternate A, all firms must be registered in the System for Award Management (SAM) database prior to award of any Government Contract. For information or assistance with registering in the SAM database, log on the Internet website at https://www.sam.gov/portal/SAM/#1. 2. PROJECT INFORMATION: The Architect-Engineer (A-E) firm awarded the A-E IDIQ Contract will perform various duties as specifically identified in individual Task Orders awarded under the IDIQ Contract. The services required will primarily be electrical and mechanical with incidental support from other disciplines. These duties may include, but are not limited to, the following: (a) Perform design services, as specifically identified in individual Task Orders, utilizing government as-builts, government specifications, and base design standards; facilitate charrettes, feasibility studies, and prepare cost estimates of the proposed project; provide Value Engineering (VE) services. (b) Perform all or part of electrical and mechanical system study services, as specifically identified in individual Task Orders, such as gather demand or utilization data; perform GIS mapping and updates to utility system databases, including map production, data interpretation and analysis, and standardization of information in database fields/tables/attributes; perform condition assessments and development of recommended maintenance and replacement schedules for electrical and mechanical system components and equipment; perform systems analysis and load flow, fault current, and arc flash hazard analysis, protective device coordination, and development of protective device settings; develop electrical and mechanical system models utilizing commercially available software with specific requirements as defined in each Task Order and conduct training in the use of model software for personnel designated by the Government; perform electrical and mechanical system commissioning, including, but not necessarily limited to, DDC, HVAC, and SCADA systems. (c) Perform construction support services relating to designs; conduct incidental asbestos inspection surveys. 3. SELECTION CRITERIA: The selection criteria for this particular procurement are as follows: (A) Specialized Experience and Technical Competence (SF 330, Section F); (B) Professional Qualifications (SF 330, Section E); The remaining Criteria are to be addressed in SF 330, Section H; (C) Past Performance; (D) Capacity; (E) Knowledge of the Locality; (F) Extent of Small Business Participation; (G) Geographical Proximity; and (H) Equitable Distribution of Work. Criteria (A) through (E) are PRIMARY criteria and will be evaluated for all firms. Criteria (F) through (H) are SECONDARY criteria and shall only be used as tie-breakers should the application of criteria numbers (A) through (E) result in firms being rated as equal. Criteria are listed in descending order of importance. SF 330s will be evaluated to determine the most highly qualified firm. Evaluating Past Performance may include information provided by the firm, customer inquiries, Government databases, and publicly available sources. Failure to provide requested data, accessible points of contact, or valid phone numbers could result in a firm being considered less qualified. In evaluating an Offeror's capability, the Government may consider how well the offeror complied with these instructions. All projects provided in the SF 330 must be completed by the office/branch/individual team member actually performing the work under this Contract; projects not performed by the office/branch/individual team member will be excluded from evaluation consideration. FIRMS SLATED AS MOST HIGHLY QUALIFIED: To assist the Government in selecting the most highly qualified contractor, those firms slated as highly qualified may be interviewed or asked to submit supplemental responses. PRIMARY CRITERIA: SF 330, PART 1, SECTION F, CRITERION (A) SPECIALIZED EXPERIENCE and TECHNICAL COMPETENCE of the proposed firm. Submission Requirements: For the proposed team, provide a maximum of ten (10) specific, completed projects. Discuss conformance to scope, adherence to performance schedules, limiting changes and delivering a product that satisfies the requirements. Note: For purposes of this selection criterion, an IDIQ contract will be counted as ONE project as long as that IDIQ contract encompasses one or more completed Task Orders. The evaluation will consider current and former relationships between the prime A-E firm and its proposed sub-consultants. Projects that demonstrate specialized experience and technical competence in the following types of work may be evaluated more favorably under this criterion: 1) projects that include design of fire protection and other life/safety systems; 2) projects that include the replacement and repair of electrical utility system components and control systems; 3) projects that include electrical and mechanical system analysis and modeling, including, but not limited to: arc flash hazard analysis, protective device coordination, and development of protective device settings; 4) projects involving development, commissioning, and design of Supervisory Control and Data Acquisition (SCADA) Systems and automation of electrical (and other) utility systems; 5) projects involving Direct Digital Control Systems (Tridium Management Control System) and enterprise energy data recording systems (EEDRS.) SF 330, PART 1, SECTION E, CRITERION (B) PROFESSIONAL QUALIFICATIONS of key personnel to be assigned to this Contract. Resumes shall be provided for proposed key personnel and proposed sub-consultants for all A-E disciplines. In the resumes under Project Assignments, use the same disciplines nomenclature as is used in this announcement. Key personnel are defined as lead designers for key disciplines, Project Manager and Quality Control Manager to be assigned to this Contract. Key personnel proposed are required to be licensed or certified professionals, as applicable. The evaluation will consider education, training, registration, overall and relevant experience. For sub-consultant key personnel, the evaluation will also consider current and former relationships with the prime A-E firm. It is expected that the individuals identified as key personnel will be the individuals performing these positions under the resulting contract. Any changes to the proposed key team members after submission of qualifications MUST be approved by the Contracting Officer. Submission Requirements: Provide brief resumes of each proposed team member who will specifically perform the major tasks in the disciplines listed above under this Contract. Provide the highest level of education achieved and the number of years engaged in the discipline. Each resume shall include a maximum of five (5) specific completed projects that best illustrate the individual member's qualifications for the position for which the key member is being proposed. Completed projects are defined as those in which the firm's performance of the task for which it was hired (i.e. design and/or construction support services) is complete. Please note if the proposed team members have worked together on other projects (provide a specific example(s)). Projects submitted where the key member has performed in the role proposed for this Contract may be evaluated more favorably. As referenced in the SF 330, Part A, Section F, provide an organization chart identifying each member of the project team. As a minimum, key personnel must be included. SF 330, SECTION H, CRITERION (C) PAST PERFORMANCE of the firm and the project team on DoD and other contracts with respect to cost control, quality of work, and compliance with performance schedules. In its evaluation of past performance, in addition to information submitted by the firm, the Government will consider information obtained from the Past Performance Information Retrieval System (PPIRS) and any other sources deemed necessary by the Government. Firms are encouraged to contact the appropriate Government Project Managers, Contracting Officers, or Contracting Officer's Representatives to ensure CPARS (formerly called ACASS) evaluations have been submitted on completed Government projects, particularly for those projects submitted under Criteria A and B. Submission Requirements: Provide a brief narrative that demonstrates past performance and indicates effectiveness on contracts with Government agencies and private industry in terms of cost control, quality of work and compliance with performance schedules. It is the responsibility of the firm to explain how the past performance information is relevant to the proposed Contract. Firms may also provide information on problems encountered in prior contracts and discuss actions taken to remedy unsatisfactory performance. Identify recent awards, commendations, and other performance evaluations outside of CPARS. Past performance on the types of projects described in paragraph 2, above, will be given additional consideration under this criterion. SF 330, SECTION H, CRITERION (D) CAPACITY of the proposed team to accomplish the work of the required type and the dollar amount stated in this announcement. Submission Requirements: Describe the firm's ability to utilize an adequate number of personnel in key disciplines and the proposed team's ability to complete several large and small multidisciplinary Task Orders concurrently requiring quick turn-around. Indicate the firm's present workload and the availability of the project team (including sub-consultants) for the specified contract performance period. Indicate specialized equipment available. Firms that demonstrate a comprehensive plan to manage several large and small multidisciplinary Task Orders concurrently, and that show availability of resources for surge support, may be evaluated more favorably under this criterion. SF 330, SECTION H, CRITERION (E) KNOWLEDGE OF THE LOCALITY Submission Requirements: Provide a narrative that describes and illustrates the team's knowledge of work in the locality of the Contract as it relates to engineering design, particularly in the Pacific Northwest. Firms that can demonstrate knowledge of the local area's geological features, climatic conditions, historical building preservation knowledge, and/or local construction methods may be rated more favorably for this criterion. SECONDARY CRITERIA: SF 330, SECTION H, CRITERION (F) EXTENT OF SMALL BUSINESS PARTICIPATION (including Women-Owned Small Businesses (WOSB), Small Disadvantaged Businesses (SDB), and Service-Disabled Veteran-Owned Small Business (SDVOSB) minority institutions) in the proposed contract team, measured as a percentage of the total estimated effort. Submission Requirements: All firms responding to this announcement shall provide a brief narrative identifying the extent to which Small Businesses (SBs), Veteran-Owned Small Businesses (VOSBs), Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), HUBZone Small Businesses, Small Disadvantaged Businesses (SDBs), Woman-Owned Small Businesses (WOSBs), and Historically Black Colleges/Universities or Minority Institutions (HBCU/MIs) would be used in the performance of this proposed Contract as well as the firm's prior level of commitment to using these small businesses in the performance of prior contracts. A subcontracting plan is not required with this submittal. Firms demonstrating a high level of utilization of small business in sub-consultant roles may be evaluated more favorably under this criterion. SF 330, SECTION H, CRITERION (G) GEOGRAPHICAL PROXIMITY to Joint Base Lewis-McChord (JBLM). Submission Requirements: Identify the firm's location of main offices, branch offices, and sub-consultant's offices. Describe and illustrate the team's availability to work in the geographical area. Address ability of the firm to ensure timely response to requests for on-site support. Firms with a local office, within 50 miles by road, of JBLM may be evaluated more favorably under this criterion. SF 330, SECTION H, CRITERION (H) EQUITABLE DISTRIBUTION OF THE WORK. Submission Requirements: Provide a list of DOD contracts awarded in the last 12 months. Include the dollar amount for each DOD contract/task order awarded. Firms with multiple offices shall indicate which branch office is/was responsible for each project. Include agency phone numbers and points of contact. 4. GENERAL SUBMISSION REQUIREMENTS: Interested firms having the capabilities to perform work under this proposed Contract must submit the following: One (1) original and four (4) copies of the SF 330, including a completed Part II for the firm and key sub-consultants. Please note that a separate SF330, Part I is not required for each sub-consultant. The SF330 Part I shall not exceed 50 single or 25 double-sided pages (8.5 quote mark x 11 quote mark ), not including tabs/page dividers or table of contents. Minimum font size is 10. Submittals should be mailed or delivered to Ms. Shelia Welsh, U. S. Army Corps of Engineers, Seattle District, Contracting Division, Special Projects Branch, Bldg 2015, (Rm#336), North 4th and Pendleton, Joint Base Lewis-McChord, Washington 98433 and are due not later than 2:00 PM Pacific Daylight Time (PDT) on Tuesday, 26 May 2015. Submittals received after this date and time will not be considered. Accordingly, firms are advised to plan for potential delays in delivery including, but not limited to, weather, traffic, building security, etc. No e-mail or facsimile submittals will be accepted. Elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this announcement are not desired. THIS PROCUREMENT IS OPEN TO ELIGIBLE SMALL BUSINESS CONCERNS ONLY.

THRUSTER GENERATOR BEARING RENEWAL

Department of Homeland Security, United States Coast Guard (USCG) | Published May 23, 2016  -  Deadline June 6, 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. 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. 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: SERVICE: THRUSTER GENERATOR BEARING RENEWAL Period of Performance: 15JUN16-22JUN16 Ship will be available for Ship Checks, please contact Mr. Braiden Allen @ 510-637-5891 for scheduling. 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. 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

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-P45T54. and is issued as a request for quotes (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 total small business set aside. All responsible sources may submit proposals that will be considered by the agency. Prospective Offerors 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. 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:SERVICE: Life Boat Fabrication and Installation per Scope of Work.Period of Performance: All work to be completed by September 14, 2016. If unable to meet performance period please provide earliest date available for service completion. Ship checks are recommended. To schedule a ship check email Daniel.J.Nieves@uscg.mil. 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. 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

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-P45F89 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: Conduct Repairs OF Multiple Oil Purifiers As per SOW ProvidedLOCATION: CGC Polar Star PERIOD OF PERFORMANCE: April 25 -May 13 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 PRICED01 1B Lube Oil Purifier Alfa Laval WHPX405JB $D02 2A Lube Oil Purifier Alfa Laval WHPX405JB D03 NR3 Lube Oil Purifier WHPX405JB D04 NR3 Hydraulic Oil Purifier WHPX405JB 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 100 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 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
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-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.  

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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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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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.(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) (IX) Quotes are required to be received in the contracting office no later than 12:00 P.M. PST/PDT on 06/21/2016. All quotes must emailed to Ben.Carlson@noaa.gov . (X) Any questions regarding this solicitation should be directed to Ben Carlson, Ben.Carlson@noaa.gov .  

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.