FILE | R | Technical Support - JOTFOC

FBO DAILY ISSUE OF DECEMBER 14, 2008 FBO #2575
DOCUMENT

R -- Technical Support - JOTFOC

Notice Date: 12/12/2008
Notice Type: JOTFOC
NAICS: 541330 — Engineering Services
Contracting Office: Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, HU25, HH65, H60J, C130, ESD, IOD, ISD, CASA or ALD, Elizabeth City, North Carolina, 27909-5001, United States
ZIP Code: 27909-5001
Solicitation Number: HSCG38-09-Q-500014
Archive Date: 6/17/2009
Point of Contact: Daniel Keith House,, Phone: 2523847230, Debra D Mitchell,, Phone: 2523356895
E-Mail Address: Daniel.K.House@uscg.mil, debra.d.mitchell@uscg.mil
Small Business Set-Aside: N/A
Description: 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. The U.S. Coast Guard (USCG) intends to issue a Firm Fixed Price Purchase Order using the procedures of FAR Part 12 and Part 13. This Request for Quote HSCG38-09-Q-500014 is being assigned to this procurement for tracking purposes only and incorporates the provisions of FAC 2005-27. This announcement constitutes the only solicitation; firm-fixed-price proposals for the following items are being requested and a written solicitation will not be issued. It is not anticipated that two or more small business manufacturers with capabilities for this requirement therefore the small business set-aside is dissolved. The North American Industry Classification System Code is 541330 and the size standard in millions of dollars $4.5. The United States Coast Guard intends to negotiate on a limited source basis with DLS Engineering Associates Inc. (Cage 024K8) to perform a three month requirement pending a future requirement awarded and administered via USCG, Aviation Logistics Center, Aviations Logistics Division, Elizabeth City, NC 27909. SCHEDULE OF SUPPLIES/SERVICES AND PRICE /COST CONTRACT PERIOD OF PERFORMANCE (From 1 January 2009 through 31 March 2009) UNIT UNIT TOTAL ITEM NO.DESCRIPTION QTY ISSUE PRICE PRICE 0001 Production Control Clerk 488 HR $ $_____________ Tech Pubs Branch 0002 General Clerk IV488 HR $ $_____________ Tech Pubs Branch 0003 General Clerk I 488 HR $ $_____________ Tech Pubs Branch 0004 Photo Finishing Worker 488 HR $ $_____________ IOD 0005 Data Management Administrator 488 HR $ $_____________ Aging Aircraft Branch ADDENDUM A. GENERAL. This Performance Work Statement describes the technical services necessary to support the Engineering Services Division (ESD), United States Coast Guard (USCG) Aviation Logistics Center (ALC), Aviation Training Center (ATC) Mobile, Alabama, and USCG Headquarters (CGHQ). B. SCOPE OF WORK. The Contractor shall provide the services of trained and experienced personnel as listed in Section C Requirements. C. REQUIREMENTS C-1 SCOPE: A requirement exists for technical support services in Engineering Services Division (ESD), U.S. Coast Guard Aviation Logistics Center (ALC). These services include: 1.(1) Production Control Clerk Tech Pubs Branch 2.(1) General Clerk IVTech Pubs Branch 3.(1) General Clerk I Tech Pubs Branch 4.(1) Photo Finishing WorkerIOD 5.(1) Data Management AdministratorAging Aircraft Branch C-1.1. Background: C-1.1.1. Production Control Clerk: The Technical Publications Cell, ESD, ALC, has the responsibility for publishing, updating and distributing Coast Guard aircraft technical documentation. A requirement exists to maintain publication inventory, facilitate shipping, and to maintain specified records. C-1.1.2. General Clerk IV/I: The Engineering Services Division (ESD), U.S. Coast Guard Aviation Logistics Center (ALC), has the responsibility to provide the most current technical publications to all U.S. Coast Guard aviation units. Preparation and systematic review of documents for printing, corrections, distribution and general use by the Coast Guard are needed in order to provide timely and accurate maintenance data to the Coast Guard. C-1.1.3. Photo Finishing Worker (1): The contractor will be assigned to the Policy & QA Cell, ESD. The contractor’s primary function will be to assist the Aviation Photographer in his photographic support of ALC and other activities as required. C-1.1.4. Data Management Administrator: The Aging Aircraft Branch located at the Aviation Logistics Center within the Engineering Services Division has embarked on an aggressive program and lacks the necessary resources to document current and future endeavors for submission into existing procedures and publications. The existing corrosion-mapping program is in its infancy stage and has significant potential growth when properly staffed for success. With the advent of a dedicated Technical Administrator to work closely with all the Cell Managers and CPAs at the Product Line and sweeping changes can be implemented. Current staffing does not permit the necessary rapid changes based on findings that can significantly reduce or mitigate corrosion. Through the submission of reviewed MPC CG-22 changes for the individual airframes coupled with the information collected from all AAB programs revised maintenance practices can be more swiftly implemented. Technical Administrator serves as assistant to NDI Program Manager for maintenance of training records and certifications of Coast Guard wide personnel participating in Aviation NDI program. C-1.2. Government Furnished Property: C-1.2.1. ALC will provide workspace, tools, computer hardware and software (including computer-related equipment necessary for specific tasks), furniture, consumables, use of Coast Guard Master Technical Library, and all necessary administrative support for services provided under that statement of work. C-1.3. Location of Work: C-1.3.1 The majority of the work specified in this statement of work shall be performed at USCG ALC, Elizabeth City, N.C. C-2. APPLICABLE DOCUMENTS: The contractor shall be expected to perform the requirements of this contract in accordance with the following Coast Guard documents: C-2.1 COMDTINST M13020.01 (Series), Aeronautical Engineering Maintenance Management Manual (latest issue in effect) C-2.2 ALC CGTO PG-85-00-110 (Series), Aeronautical Engineering Maintenance Management Process Guide. C-2.3 ANSI/ISO/ASQ Q9001-2000, All ALC Quality Office directives. C-2.4 ALCINST 4855.1 (latest revision), Quality Assurance Inspectors C-2.5 ALCINST 4855.2 (latest revision), Quality Control Program at ALC C-2.6 Coast Guard Documents cited in this solicitation may be obtained from: USCG Aviation Logistics Center Engineering Services Division (ESD) Aviation Technical Publication Cell Elizabeth City, NC 27909-5001 C-3. GENERAL REQUIREMENTS: C-3.1. General: The Coast Guard reserves the right to waive any specification. C-3.1.1. Production Control Clerk: The contractor shall have access to ALC ’s Technical Publication Engineering facilities, material, software, computers and warehouse spaces to conform with the requirements of this statement of work. Access will normally be limited to ESD regular work hours (see section C-6) unless specified by the Chief, Technical Publications Cell. C-3.1.2. General Clerk IV/I: The contractors shall have access to ALC ESD’s facilities, material, appropriate computer hardware and software, to conform to the requirements of this statement of work. All documentation created under this contract shall be produced using specified software and in formats specified by the Coast Guard. Access to the facility will be limited to work hours normally worked by ALC ESD personnel. Services falling within the scope of this contract will include, but are not limited to, the tasks listed in section C-3.2.2. C-3.1.3. Photo Finishing Worker (1): A requirement exists for photography support services in Engineering Services Division (ESD), U.S. Coast Guard Aviation Logistics Center (ALC). The contractor will support ALC’s photographer in the following but is not limited to: taking portraits, video coverage, photographing ceremonies, displays, charts, and maintain records for each and filing archive negatives for later retrieval. The contractor will also provide photographic services for the Aviation Logistics Center (ALC), Support Center Elizabeth City, Air Station Elizabeth City and, on occasion, the Aeronautical Engineering Division, Commandant (CG-41), Aviation Technical Training Center (ATTC), National Strike Force Coordination Center (NSFCC), Support Center (S/C) Elizabeth City and various Coast Guard air stations upon request. C-3.1.4. Data Management Administrator: The contractor shall provide the administrative services necessary to support the Aging Aircraft Branch at the Aviation Logistics Center at Elizabeth City, NC. The USCG AAB is presented with the problem of maintaining the readiness status of the avionics, electrical and mechanical piece-parts, sub-assemblies, assemblies, and structural parts of the USCG aviation fleet, which consists of HC-130H, HU-25, HH-65, HH-60 aircraft and future Deepwater assets. The primary strategic goal of the AAB is the extension of service life for all CG Aviation Assets. To achieve this goal the initiatives currently and potentially planned need to be documented and implemented. The existing Branch workforce is frequently plagued with administrative workloads, which have hampered the implementation of strategic plans to meet its strategic goal. The adoption of a contractor to assist in implementing new plans will further the Aging Aircraft Branch’s ability to meet its strategic goals. Provides support to NDI Program Manger for maintenance of all NDI certifications. C-3.2 SPECIFIC REQUIREMENTS: C-3.2.1. Production Control Clerk: C-3.2.1.1 Support of Technical Information Management and Ordering System (TIMOS) C-3.2.1.2 Contractor shall maintain publication stocking levels in the provided publication inventory database (including all required inventory audits). C-3.2.1.3 Contractor shall originate print request forms as required. C-3.2.1.4 Contractor shall correct minor printing deficiencies by producing required pages and inserting same in distribution and stock copies. C-3.2.1.5 Contractor shall make database entries as required to support ALC technical publication initiatives. C-3.2.1.6 Contractor shall package for storage and shipment all documents and items (i.e. discs, tapes, binders). C-3.2.1.7 Contractor shall deliver to and receive from the ALC warehouse and various other locations on the Elizabeth City Coast Guard Complex, all required material and publications. C-3.2.1.8 Contractor shall facilitate all mail handling duties associated with incoming and outgoing parcels to the distribution area. Duties include postal metering, commercial parcel carrier’s documentation requirements and completed DD-1149 shipping documents. C-3.2.1.9 Contractor shall initiate all required publication distribution actions using TIMOS, the inventory control database, and the AMMIS database. C-3.2.1.10 Contractor shall support all publication distribution requirements to established recipients and user accounts as directed by the Chief, Technical Publications Cell. C-3.2.1.11 Contractor shall organize publication orders and produce and maintain all required shipping documentation and records. C-3.2.1.12 Contractor shall incorporate publication revisions and changes and assemble and shrink wrap all publications. C-3.2.1.13 Contractor shall perform quality assurance inspections of all incoming deliveries as directed. C-3.2.1.14 Contractor shall maintain all workspace in a clean, safe, and presentable manner. C-3.2.1.15 Support of the Electronic Data Maintenance C-3.2.1.16 Contractor shall organize, store, and retrieve documents for scanning as directed. C-3.2.1.17 Contractor shall store and retrieve electronic data tapes and disks. C-3.2.2. GENERAL CLERK IV/I: C-3.2.2.1 Contractor shall produce CDROM and paper copies of specified publications when required. Contractor shall review documents for fidelity to standard and make annotations for corrections as required. C-3.2.2.2 Contractor shall perform duties as required to support publication initiatives using ALC Publication Cell. C-3.2.2.3 Contractor shall perform the function of serving as a point of contact for publication orders. This will involve originating, receiving, and delivering publication orders. Contractor shall handle and adjust customer complaints. C-3.2.2.4 Contractor shall produce CDROM and paper copies of specified publications when required. C-3.2.2.5 Contractor shall review documents for fidelity to standard and make annotations for corrections as required. C-3.2.2.6 Contractor shall perform duties as required to support publication initiatives using ALC Publication Cell ISO-9000 documented processes. C-3.2.2.7 Contractor shall prepare and process documents for reproduction at the Government printing office. C-3.2.2.8 Contractor shall operate, complete minor maintenance, order parts and supplies for, and arrange for repair service of shrink wrapping equipment and automatic shelves. C-3.2.2.9 Contractor shall operate forklifts, carts, and other equipment in support of assigned duties, reporting any unsafe conditions or required maintenance to the Chief, Technical Publications Cell. C.3.2.3. PHOTO FINISHING WORKER (1): C.3.2.3.1 Provide photographic services for the Aircraft Logistics Center (ALC), Support Center Elizabeth City, Air Station Elizabeth City and, on occasion, the Aeronautical Engineering Division, Commandant (CG-41), Aviation Technical Training Center (ATTC), National Strike Force Coordination Center (NSFCC), Support Center (S/C) Elizabeth City and various Coast Guard air stations upon request C.3.2.3.2 The contractor shall assist the ALC photographer in providing complete and comprehensive photographic services to the Aircraft Product Lines, Component Repair, and all other divisions at ALC. Services will include taking portraits, video coverage, photographing ceremonies, displays, charts and Command photos as required. C.3.2.3.3. The contractor shall use a variety of high-precision photographic laboratory equipment in processing film and be able to maintain chemical balance that will produce true colored photographs. C.3.2.3.4 The contractor shall maintain records/log for each job assigned and archive the related negatives for later retrieval. C.3.2.3.5 Provides Digital Camera support to all Divisions and orders photography material to keep the photo lab fully stocked at all times. C.3.2.3.6 Provides assistance and backup support for the Industrial Graphics Specialist in preparing plaques, nameplates, business cards, decals, etc. C-3.2.4. DATA MANAGEMENT ADMINISTRATOR: C-3.2.4.1. Contractor shall perform the necessary administrative management to provide the Aging Aircraft Branch Chief and its Cell Leaders at ALC with the requested administrative support to promulgate the AAB’s strategic goals. C.3.2.4.2. Contractor shall perform required travel to effectively carry out the assigned duties of project oversight of the Corrosion Mapping program. C.3.2.4.3. Contractor shall provide administrative program management support for the duration of the contract. This support shall include the delivery of requested documents and a monthly report via email summarizing major activities such as teleconferences, meetings, trips to other locations; problems encountered, as well as contract expenditures. Additional deliverables will include specific reports requested from the AAB on behalf of all Divisions at ALC with agreed upon deadlines. Delays in any deliverables will be communicated via the AAB Chief. C.3.2.4.4. Contractor shall provide the COTR a monthly status report (electronic) summarizing monthly activities accomplished on behalf of the AAB. This report will consist of reports specific to accomplishing the AAB strategic goals to include: corrosion mapping (by aircraft tail number) summary of findings pre/post PDM; summary notes produced from all weekly AAB meetings, Corrosion Strategic & Tactical Board Meetings, Annual Corrosion Preventative Advocate Conference notes, agenda development documents, wiring, corrosion, non-destructive inspection, and reliability process guide development or revisions. Delivery will be evaluated on a case-by-case situation, however in no case will summary notes exceed 30 days. C.3.2.4.5. Contractor shall be required to cooperate in aging aircraft forums with other contractors and government entities as appropriate. The proposed outcome is an integrated team with a common purpose. C.3.2.4.6 Contractor serves as assistant to Non-Destructive Inspection (NDI) Program Manager for maintenance of training and certification records for personnel enrolled in Coast Guard NDI program at ARSC and 25 supported Air Stations. C.3.2.4.7 Contractor shall prepare both on line and off line Purchase Requests for procurement of material and services as directed. Contractor is not authorized to sign any Purchase Request documents. C-4. QUALITY ASSURANCE PROVISIONS: C-4.1. Quality of Effort: C-4.1.1. Production Control Clerk: Because of the nature of technical documentation, all work produced by contractor must conform to the highest standards possible. Customer satisfaction input to the Technical Publications Cell will drive many decisions on policy and priority and therefore require adjustments to the contractor’s process and priorities. C-4.1.2. General Clerk IV/I: Because of the importance of having accurate and current publications available to ALC customers, all work produced by contractor must conform to the highest standards. All delivered media must be produced per defined process standards. Process discrepancies must be identified for correction. C-4.2. Responsibility for Inspections: C-4.2.1 ALC Technical Publication Branch, ESD, is responsible for inspection of all deliverables from General Clerk IV/I and Publications Supply Technician prior to acceptance. C4.2.2. ALC Aging Aircraft Branch, ESD, is responsible for inspection of all deliverable from Data Management Administrator prior to acceptance. C-5. DELIVERABLES: C-5.1. Monthly Progress Reports: C-5.1.1. Production Control Clerk: A monthly progress report shall be submitted, to the Chief Technical Publications Cell ESD, by the 15th day of each month, detailing the previous month’s accomplishments and problems encountered. C-5.1.2. General Clerk IV/I: A monthly progress report shall be submitted, to Chief Technical Publications Cell, ESD by the 15th day of each month, detailing the previous month’s accomplishments and problems encountered. C-5.1.3. Data Management Administrator: A monthly progress report shall be submitted, to Chief Aging Aircraft Branch, ESD by the 15th day of each month, detailing the previous month’s accomplishments and problems encountered. C-6. PERIOD OF PERFORMANCE/WORK SCHEDULE: C-6.1. Contractor shall provide Admin support for this effort from 01 January 2009 through 31 March 2009. Government reserves the right to extend this purchase order as deemed appropriate. C-6.2. Work Hours: C-6.2.1. Contractor shall work 40 hours a week/80 hours every two weeks. Contractor shall work same hour schedule as those of the branch or shop supported by ALC or ATC Mobile, AL. Contractor shall work 8 hours a day Monday through Friday in accordance with ALC Work Schedule instruction 5330.2B with a core start time ranging between 6:45 – 8:45AM. C-6.2.2. COTR must approve all deviations from these work hours. The COTR must approve all deviations from these hours. Normal business hours may be altered by Federal Holidays, inclement weather, acts of God, or Government mandatory closures or training sessions. C-6.2.4. Contractor Sponsored Functions C-6.2.4.1. All Contractor company functions (training, social gatherings, etc.) shall be conducted outside business working hours, and at the Contractors’ expense. C-6.2.5. Holidays C-6.2.5.1. The contractor shall establish a holiday schedule for personnel performing under this contract that directly coincides with the Government’s schedule. Holiday’s peculiar to the Government shall be considered as holidays for Contractor personnel and are not billable. Contractor personnel will not perform work on Government holidays. Government holidays are: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and/or any other day designated by the President’s Proclamation. C-6.2.6. Plant Shutdowns C-6.2.1. Plant shutdowns are not billable by the Contractor. Planned mandatory plant shutdown days will be determined in advance by the ALC Command and could include the day after Thanksgiving and other days immediately preceding or following other holidays. Unplanned plant shutdown time (i.e. inclement weather, etc.), not normally exceeding twenty (20) hours per employee per year, is not billable by the Contractor. C-6.2.7. Overtime C-6.2.7.1. Overtime will generally not be approved by the government, but if required must be authorized in writing from the government prior to actual overtime worked. The COTR will be the only person authorized to grant overtime approval. C-7. CONTRACTOR REQUIREMENTS: C-7.1. Travel C-7.1.1. Contractor personnel may be required to travel to various locations to effectively perform the requirements of specific delivery orders under this contract. When travel is required, the Contractor will be reimbursed for expenditures for costs associated with travel. The Contractor’s proposed costs shall be in compliance with FAR 31.205.46 and justified in accordance with Joint Federal Travel Regulations. The Contractor shall submit invoice package(s) shall include the following travel receipts: letterhead hotel/motel, airfare, rental car, fuel, tolls, parking, taxi, etc. Private Owner Vehicle (POV) mileage shall be provided for trips when use of POV has been authorized. Rental cars shall not be refueled at the rental car service center and/or their facility. Failure to comply with the aforementioned may cause delays for payment and the invoice(s) may be returned for correction and/or clarification. C-7.2. Training C-7.2.1. Contractor shall fund all training unless it is training that it required due to a Coast Guard or ALC change in software, hardware, change in programs, procedures, etc. C-7.3. Identification of Contractor Employees C-7.3.1. Contractor shall provide each employee with an identification card before the employee commences work at ALC. Each employee shall have card in possession at al time while performing contract work. C-7-3.2. Contractor employees shall be issued ALC identification card as part of Orientation to ALC. ALC card shall be returned to the COTR upon employee dismissal or completion or termination of contract. C-7.3.3. Contractor occupied facilities (on Government Installation) such as offices, separate rooms, or cubicles must be clearly identified with Contractor supplied non metallic signs no less than (2”x 8”) in size, name plates or other identification, showing that these work areas are for Contractor or subcontractor personnel. C-7-3.4. Contractor employees shall be issued ALC identification card as part of Orientation to ALC. ALC card shall be returned to the COTR upon employee dismissal or completion or termination of contract. C-7.3.5. Contractor personnel shall wear a government ID badge at all times when performing work under this contract at a Government site, including while attending Government meetings and conferences that may take place outside the Government facility. Unless otherwise specified in the contract, each contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement. C-7.3.6. Common Access Cards (CAC) will also be issued to contractors through the Contractor Verification System (CVS) as the official DHS identification card for contractor personnel. The card will be used to grant access to DHS/DOD installations and buildings. It is also used to access DHS/DOD networks and secure websites as required. CAC card shall be returned to the COTR upon employee dismissal or completion or termination of contract. C-7.3.7. Utilizing Electronic Mail: When contractor personnel send e-mail messages as a part of contract performance (or otherwise relating to contract matters), each sender shall include his/her name (both first and last names), [E-mail address and the name of the individual's employer]. Contractors that have access to government email and other on-line systems must have user IDs that call attention to their special status (by indicating CTR, or the company name, for example, after their given name in the user ID on the system). The use of electronic mail is for bona fide business only. In the event of violation of this provision, the Coast Guard will take appropriate action with regard to the contract. C-7.3.8. Answering Telephones: Contractor personnel shall identify themselves as a contractor employee when answering Government telephones. In addition, contractors must identify themselves as a contractor employee when answering the phone and their voicemail shall likewise indicate their special status as contractor employee. C- 7.3.9. Contracting officer or designee shall ensure that accounts established in Government E-mail systems for prime contractor or subcontractor personnel shall identify individuals as contractor personnel (CTR) in the "address book" display and on individuals' e-mail. Detailed "properties" for the account shall include the name of the individual's employer and the name of the customer for the contract. The customer's information assurance security officer that established the account shall be notified immediately when a contractor employee is no longer performing duties that require an account in the government E-mail system. C-7.3.10. Contractor personnel and their subcontractors attending meetings, or working in situations (telephone conversations, electronic correspondence, or correspondence related to the contractor) where their actions could be construed as official Government acts must identify themselves as a contractor and provide the name of the individual's employer. C- 7.3.11. The Government manager or COTR must ensure that the contracted employee displays his or her name and the name of the company while in the work area, and includes the company's name in his or her email display. When a Government manager wishes to send a contractor to any type of meeting where classified or sensitive unclassified material may be presented, the COTR must provide-in writing or email-verification of the contractors' security clearance and/or need to know. Ultimately, the Government host who holds the classified or sensitive information is responsible for obtaining this information and ensuring that those who will receive the information have the appropriate security clearance and need to know before they admitted the contractor. C-7.4. Security Requirements C-7.4.1. Financial/Criminal Background Checks C-7.4.1.1. Contractor shall provide a list of names of all employees to the COTR prior to the contract start date. List shall be updated as necessary. Contractor shall be responsible for employee background check (criminal and financial) for any contractor employee requiring admission to the U.S. Coast Guard facilities and having access to AMMIS/ALMIS or other Coast Guard systems to perform work under this contract. C-7.4.1.2. Contractor shall certify on company letterhead that the background check has been accomplished and that there are no negative or criminal offenses found in the background check. If there are negative or criminal offenses found in the background check then the contractor shall explain why these findings will not impact the hiring of this individual and the company will take full responsibility for the hiring decision. All background investigations must be completed prior to commencing work under this contract. Although contents of this contract or information concerning Integrated Logistics Support and processes are Classified and non-classified, such information is to considered be sensitive, For Official Use Only (FOUO) information, and Classified not for reproduction. Contract employees shall be aware that divulging information without proper authority could result in administrative or disciplinary action. C-7.4.2. Non-Disclosure Agreements C-7.4.2.1. The contractor will be responsible for the management of all security clearances and personnel must sign Non-Disclosure Agreement with the government. C-8. U.S. COAST GUARD INFORMATION SYSTEMS SECURITY: C-8.1. Contractor shall only access those areas of Coast Guard Information Technology resources (e.g., computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, internet sites) explicitly stated in this contract and/or approved by the COTR in writing as necessary for performance of the work under this contract. Any attempts by contractor personnel to gain access to any information technology resources not explicitly authorized by the statement of work, other terms and conditions in this contract or approved in writing by the COTR is strictly prohibited. In the event of violation of this provision, the Coast Guard will take appropriate actions with regard to the contract. C-8.2. Authorized use of Government office equipment is governed by CG ALCINST 5375.1C, and COMDTINST 5375.1B. Personal use of government office equipment is authorized only for Coast Guard personnel as defined in COMDTINST 5375.1B. In the event of violation of this provision, the Coast Guard will take appropriate action with regard to the contract. C-8.3. The Information Systems Division (ISD) Standard Operating Procedure, "Information Systems Security - Contractor Background checks", dated 1 August 2003, mandates background checks on contract employees requiring access to government information systems. Such background checks shall include a criminal records check and a credit records check for all contract employees being newly hired under an existing contract or for all contract employees being hired under a new contract. If existing contract employees are transitioned to a new contract, then a criminal records check and credit records check must be performed on the new contract. Contract is defined as a purchase order, delivery order or contract. The contractor shall provide the results of the checks to the Government Contracting Officer in writing either as the actual report itself or on a company letterhead signed by a responsible official of the company. C-8.3.1. If the results of the background checks are unsatisfactory, then the contract employee shall not be granted access to any government information system. C-8.3.2. If the results of the checks are satisfactory, the employee shall complete the ALC Check-in/Check-out process and be provided an ALC Security Badge. All new contract employees shall receive a security briefing after completing the ALC Check- in/Check-out process. C-8.4. If required for the performance of this contract, no contractor personnel shall commence any performance under this contract until they (1) have received a security briefing about the Coast Guard Information Assurance Manual, COMDTINST M5500.13 (series), from the appropriate Coast Guard Information Systems Security Officer (ISSO) and (2) have signed an “Coast Guard Information Technology Contractor User Security Agreement” (see attachment A). By signing the aforementioned user security agreement, the individual will be acknowledging their responsibility to properly use and safeguard all Coast Guard information technology resources and information related thereto. The Contracting Officer’s Technical Representative (COTR) for this contract shall arrange the aforementioned security briefing. The ISSO is responsible for retaining the security documents signed and submitted by the contractor employees. C-8.5. The contractor shall only access those areas of Coast Guard information technology resources (e.g., computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, internet sites) explicitly stated in this contract and/or approved by the COTR in writing as necessary for performance of the work under this contract. Any attempts by contractor personnel to gain access to any information technology recourses not explicitly authorized by the statement of work, other terms and conditions in this contract or approved in writing by the COTR is strictly prohibited. In the event of violation of this provision, the Coast Guard will take appropriate actions with regard to the contract. C-8.6. Contractor access to Coast Guard networks from a remote location is a temporary privilege for the mutual convenience it offers while the contractor performs business for the Coast Guard. It is not a right, a guarantee, a condition of the contract, nor is it Government Furnished Equipment (GFE). C-8.7. Contractor access will be terminated for unauthorized use. The contractor agrees to hold the Coast Guard harmless and the contractor will not request additional time or money under the contract for delay resulting from unauthorized use. C-8.8. Contract employees are defined as individuals working on a contract for the government and who are a United States citizen or permanent resident alien. C-9. GOVERNMENT FURNISHED FACILITIES C-9.1. The Government will provide suitable office space, furniture, computer, telephone and facsimile transmission service at no cost to the contractor provided: C-9.1.1. The contractor is authorized the use of computer, telephone and facsimile long distance services for bona fide business only. C-9.1.2 The office space and office furniture used by contractor sustains only damages attributed to normal wear and tear. C-9.2. Should the office space and/or office furniture used by the contractor sustain damages in excess of normal wear and tear; the contractor shall reimburse the Government for the replacement costs of the office furniture and/or repair of the office space. The COTR will make the determination of damages annually and submit a report to the Contracting Officer, ESD Contract Section, if and when such damages exceed normal wear and tear. C-10. REMOVAL & REPLACEMENT OF PERSONNEL C-10.1. The contractor shall have the right to remove or replace personnel assigned and to substitute other qualifies personnel in lieu thereof, provided that written notice of such actions is provided to the Contracting Officer, a minimum of thirty days prior to the effective date. C-10.2. The government shall have the right to request removal or replacement of contractor personnel, provided that the Contracting Officer has given written notice to the contractor, a minimum of thirty days prior to the effective date. C-10.3. The contractor shall be permitted a break in services rendered for a period not to exceed sixty (60) days whether the requirement for removal or replacement of personnel is at the request of the government or the contractor. C-10.4. When replacements, transfers, and reassignments of contractor personnel are made for the convenience of the contractor, all costs incurred by the contractor for such relocation or replacement will be at contractors’ expense. Replacements, transfers, and reassignments of contractor personnel are deemed to be at the convenience of the contractor when: C-10.4.1. It becomes necessary to replace any contractor personnel for misconduct or unsatisfactory performance. Determination of misconduct shall be at the sole discretion and judgment of the Contracting Officer. C-10.4.2. Replacement of contractor personnel is required because of voluntary or involuntary termination of employment with the contractor. C-10.4.3. Contractor personnel are incapacitated due to injury or illness for a period in excess of sixty (60) days, or the death of contractor personnel. C-10.4.4 Replacement or transfer of contractor personnel is initiated at the request of the contractor. C-10.4.5. Replacement or transfer of contractor personnel is required due to termination of the contract for default. C-10.5. When replacements, transfers, and reassignments of contractor personnel are made for the convenience of the government, all costs incurred by the contractor for such relocation or replacement will be at government expense. Replacements, transfers, and reassignments of contractor personnel are deemed to be at the convenience of the government when: C-10.5.1. Replacement or transfer of contractor personnel is required because of completion of services under this statement or because the contract is terminated for the convenience of the government. C-10.5.2. Replacement or transfer of contractor personnel is initiated at the request of the government for reasons other than misconduct, unsatisfactory performance, termination of employment, injury or illness for a period in excess of thirty days, death of contractor personnel, or termination of the contract for default. C-10.5.3. Temporary relocations (travel of less than 21 days) from Elizabeth City, North Carolina, directed by the Contracting Officer’s Representative shall be for the convenience of the government and shall not be considered a transfer or reassignment. C-11. COMPLIANCE WITH LOCAL REGULATIONS, INSTRUCTIONS, DIRECTIVES C-11.1. The contractor and all his/her personnel shall comply with all local base regulations, instructions, directives, orders and special procedures including fire prevention as promulgated by the Commanding Officer, U.S. Coast Guard ALC, Elizabeth City, NC. It shall be the responsibility of the contractor to familiarize all of his employees with Coast Guard regulations such as speed limits, parking regulations, etc., in force during the contract term. C-11.1.1. Vehicle Registration. The contractor shall ensure all contractor-provided vehicles in performance on the contract and contractor employee’s vehicles to be driven on the installation, to include motorcycles, are registered with the U.S. Coast Guard Support Center, Command Security Office, Building 35, in conformance with local procedures in effect at the time of registration. The Government will not permit access to the installation without proper vehicle identification. Evidence of a valid driver’s license, vehicle registration card, state safety inspection certificate, government provided ID card, and proof of insurance are required for registration. The contractor shall insure all installation-issued decals are removed from the vehicle and returned to the installation security office at completion of the contract, termination/completion of employment, or a change in vehicle used for access to the installation. Motorcycle owner/operators shall comply with all installation requirements. Contractor employees shall maintain insurance on all privately owned vehicles (POV) bought on the installation property; the contractor shall maintain insurance on all contractor-owned vehicles brought on the installation property, including rental vehicles. C-11.1.2. Parking and Traffic Control. The contractor and its employees shall abide by installation parking regulation. All vehicles shall be parked in designated parking areas only. The contractor and its employees shall conform to state and federal driving regulations and any applicable Coast Guard regulations. C-11.2. Contractors are prohibited from performing inherently governmental jobs listed in the 1998 Federal Activities Inventory Reform Act including administering contracts and determining which services or supplies the government should buy. An inherently governmental function involves, among other things, the interpretation and execution of the laws of the United States so as— C-11.2.1. Bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise; C-11.2.2. Determine, protect, and advance United States economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise; C-11.2.3. Significantly affect the life, liberty, or property of private persons; C-11.2.4. Commission, appoint, direct, or control officers or employees of the United States; or C-11.2.5. Exert ultimate control over the acquisition, use, or disposition of the property, real or personal, tangible or intangible, of the United States, including the collection, control, or disbursement of appropriated and other Federal funds. C-11. SUPERVISION, DIRECTION, OR CONTROL C-11.1. The Government shall not exercise any supervision or control over the Contractor in the performance of contractual services under this contract. The Contractor shall not supervise, direct, or control the activities of Government personnel or the employees of any other Contractor, except any subContractor employed by the Contractor on this contract/order. The Contractor is accountable to the Government for the actions of its personnel. In the performance of the contract, the Contractor’s management responsibilities include, but are not limited to: C-11.1.1 Ensure employees understand the work to be performed on orders to which they are assigned. C-11.1.2. Ensure employees know their management chain and adhere to company policies and exhibit professional conduct to perform in the best interest of the Government. C-11.1.3. Ensure employees adhere to applicable law and regulation governing Contractor performance and relationships with the Government. C-11.1.4. Ensure contract employees do not create actual or apparent personal service relationships. C-11.1.5. Regularly access employee performance and provide feedback to improve overall task performance. C-11.1.6. Ensure high quality results are achieved through task performance. C-11.2. Contractors are prohibited from performing inherently Governmental jobs listed in the 1998 Federal Activities Inventory Reform Act including administering contracts and determining which services or supplies the Government should buy. An inherently Governmental function involves, among other things, the interpretation and execution of the laws of the United States so as to: C-11.2.1. Bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise; C-11.2.2. Determine, protect, and advance United States economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise; C-11.2.3. Significantly affect the life, liberty, or property of private persons; C-11.2.4. Commission, appoint, direct, or control officers or employees of the United States; or C-11.2.5. Exert ultimate control over the acquisition, use, or disposition of the property, real or personal, tangible or intangible, of the United States, including the collection, control, or disbursement of appropriated and other Federal funds. C-12.4. TOBACCO POLICY C-12.4.1. The Coast Guard prohibits the use of smoking tobacco and smokeless tobacco in the workplace in order to protect the health of all its workers. The workplace includes any area inside a building or facility over which the Coast Guard has custody and control where work is performed by active duty personnel, civilian employees, or personnel under contract to the Coast Guard. In accordance with COMDTINST 6200.1, Chapter 3 designated tobacco use areas must be approximately 50 feet away from door openings, windows, and air intake units/vents. C-12.4.2. The use of tobacco is prohibited in all Coast Guard Government vehicles (including Cushman type), in all Coast Guard aircraft, floating unit, or any other aircraft contracted for use in the Coast Guard. C-12.4.3. The use of tobacco products (smoking and smokeless) is permitted only in designated areas as defined in CG ALCINST 6280.1E (2)(b)(1-4). C-12.4.4. Contractors may only use tobacco products in designated smoking areas during Government authorized division and/or shop break and lunch periods and are accountable for appropriately discarding their smoking material and/or spit tobacco. Tobacco spit and residue shall be held in containers with sealing lids to prevent odor and accidental spills and disposed of in a sanitary manner which prevents public exposure. C-12.4.5. In the event of violation of this provision, the Coast Guard will take appropriate action with regard to the contract. RECEIPT OF QUOTES: All responsible sources may submit a quote which shall be considered. Closing date and time for receipt of offers is 17 Dec 2008, 11:00 am, Eastern Time. All responsible sources may submit a quotation that will be considered by this Agency. Offers may be submitted on company letterhead stationery for period of performance 1 January 2008 through 31 March 2008. Include the required FAR 52.212-3, including Alternate 1, Offeror Representations and Certifications. Copies are available by calling the agency or by downloading the document from FedBizOps as posted under this solicitation. All offerors submitting a proposal shall have a valid Vendor Cage Code and Dun & Bradstreet (DUNS) number or the ability to get one and be registered in CCR. FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2006) Offerors shall include a completed copy of this provision with their offer or complete only paragraph (j) of the provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov or www.arnet.gov/far. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision. Facsimile Offers are acceptable and may be forwarded to Daniel House, Purchasing Agent, at fax (252) 334-5242, or mail address: USCG Aviation Logistics Center, Engineering Services Division, Bldg 78, 1664 Weeksville Road, Elizabeth City, NC 27909. EVALUATION – COMMERCIAL ITEMS As prescribed in 12.301(c), FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS. (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Request for Quotations (RFQ) will be evaluated against the requirements listed in the Performance Work Statement. IAW FAR 13.004(a), a quotation is not an offer and consequently cannot be accepted by the government to form a binding contract. All responses received as a result of this solicitation will be evaluated and the contract file be documented accordingly. All responses received as a result of this solicitation will be evaluated and the contract file be documented accordingly. The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The evaluation factor for award of this requirement will be based on lowest price technically acceptable obtained from a responsible offeror.The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The following factors shall be used to evaluate offerors. Technical Conformance The technical evaluation will be on the basis of information furnished by the offeror to include examination of the employee certifications, clearances, and resumes submitted with the requirements of the Performance Work Statement and reasonably available to the Contracting Officer. Past Performance Offers shall provide at least two (2) references and include recent and relevant contracts including contract numbers, points of contract with telephone numbers and other relevant information. For this factor the Government will evaluate information obtained from past performance information that the Government obtains about the offeror from other sources. Failure to address this requirement can result in failure of this evaluation factor. Price Proposals shall be inclusive of the supplies and service descriptions CLIN 1 through 5. IAW FAR 15.304, Technical and past performance, when combined, are more important in relative importance of all other evaluation factors when compared to price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) CONTRACT PROVISIONS AND CLAUSES The following FAR Part 12 provisions and clauses apply to this solicitation and are incorporated by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items (Nov 2007). The following FAR provisions and clauses apply to this RFQ and are incorporated by reference: FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a solicitation provision may be accessed electronically at these address(es): www.deskbook.Osd.mil, www.arnet.gov/far, or http://www.dhs.gov/xlibrary/assets/opnbizDHS_HSAR_With_Notice_05-01.pdf. 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (Feb 2007) is tailored to include the following additional FAR Clauses: [Contracting Officer check as appropriate.] 1 52.202-1Definitions (Jul 2004) (IAW FAR 2.201) 1 FAR 52.203-5 Covenant Against Contingent Fees. (Apr 1984) 1 52.203-7Anti-Kickback Procedures (July 1995) (IAW FAR 3.502-3) 1 FAR 52.204-7 Central Contractor Registration (Oct 2003) Alternate 1 (Oct 2003) 1 FAR 52.211-15 Defense Priorities and Allocations System Rating (Sep 1990): DO- A1(rating). 1 FAR 52.247.34 F.o.b. Destination (Nov 1991) 1 FAR 52.252.2 Clauses incorporated by reference (Feb 1998) 1 FAR 52.244-6 Subcontracts for Commercial Items. (Mar 2007) 1 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work. (Dec 2003) 1 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility. (Dec 2003) 1 3052.223-90 Accident and Fire Reporting. (USCG) (Dec 2003) 1 3052.228-70 Insurance. (Dec 2003) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (JUNE 2008) (IAW FAR 12.301(b)(2) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certificates electronically 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 (m) of this provision. (a) Definitions. As used in this provision-- “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. “Forced or indentured child labor” means all work or service— (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except— (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. “Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate – (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. “Service-disabled veteran-owned small business concern”— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). “Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. “Veteran-owned small business concern” means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. “Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. “Women-owned small business concern” means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov.After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it 0 is, 0 is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it 0 is, 0 is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it 0 is, 0 is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it 0 is, a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the SmallBusiness Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it 0 is, 0] is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Number of EmployeesAverage Annual Gross Revenues 50 or fewer$1 million or less 51-100$1,000,001-$2 million 101-250$2,000,001-$3.5 million 251-500$3,500,001-$5 million 501-750$5,000,001-$10 million 751-1,000$10,000,001-$17 million Over 1,000Over $17 million (9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either— (A) It 0 is, 0 is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It 0 has, 0 has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It 0 is, 0 is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It 0 is, 0 not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It 0 has, 0 has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It 0 has, 0 has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It 0 has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It 0 has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act – Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.” (2) Foreign End Products: LINE ITEM NO.COUNTRY OF ORIGIN [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and ‘United States’ are defined in the clause of this solicitation entitled “Buy American Act--Free Trade Agreements--Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products: LINE ITEM NO.COUNTRY OF ORIGIN [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. Other Foreign End Products: LINE ITEM NO.COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Canadian End Products: Line Item No. ___________________________________________ ___________________________________________ ___________________________________________ [List as necessary] (3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.:Country of Origin: [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.” (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No.:Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) 0 Are, 0 are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) 0 Have, 0 have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) 0 Are, 0 are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) 0 Have, 0 have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products Listed End Product:Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] 0 (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. 0 (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) 0 In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) 0 Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] 0 (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror 0 does 0 does not certify that— (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. 0 (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror 0 does 0 does not certify that— (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv)The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies— (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.] (3) Taxpayer Identification Number (TIN). 0 TIN:_____________________. 0 TIN has been applied for. 0 TIN is not required because: 0 Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; 0 Offeror is an agency or instrumentality of a foreign government; 0 Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. 0 Sole proprietorship; 0 Partnership; 0 Corporate entity (not tax-exempt); 0 Corporate entity (tax-exempt); 0 Government entity (Federal, State, or local); 0 Foreign government; 0 International organization per 26 CFR 1.6049-4; 0 Other ____________________. (5) Common parent. 0 Offeror is not owned or controlled by a common parent: 0 Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ m. Restricted business operations in Sudan. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan. (End of Provision) Alternate I (Apr 2002). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) [The offeror shall check the category in which its ownership falls]: ___ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory or the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. Alternate II (Oct 2000). As prescribed in 12.301(b)(2), add the following paragraph (c)(9)(iii) to the basic provision: (iii) Address. The offeror represents that its address 0 is, 0 is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. “Address,” as used in this provision, means the address of the offeror as listed on the Small Business Administration’s register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR part 124, subpart B. For joint ventures, “address” refers to the address of the small disadvantaged business concern that is participating in the joint venture. CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2008) FAR 52.212-4 (IAW FAR 12.301(B)(3) Incorporated by reference (Block 27a of SF 1449) is hereby tailored as follows: The Contractor agrees to comply with the additional FAR clauses, which are hereby incorporated by reference (Feb 1998) (IAW FAR 52.107(b) FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.202-1Definitions (Jul 2004) (IAW FAR 2.201) 52.203-7Anti-Kickback Procedures (July 1995) (IAW FAR 3.502-3) 52.204-1Approval of Contract (Dec 1989) (IAW FAR 4.103) This contract is subject to the written approval of the Contracting Officer, USCG/ALC, ESD Procurement and shall not be binding until so approved. 52.204-4Printed/Copied Double-Sided on Recycled Paper (Aug 2000) (IAW FAR 4.303) Defense Priority and allocation Requirements (Apr 2008): DO-A1(rating). IAW FAR 11.604(b) Ordering (Oct 1995) IAW FAR 16.506(a) Para (a) – “date of award” through “expiration date of contract or exercised option period.” 52.216-22Indefinite Quantity (Oct 1995) (IAW FAR 16.506(e)) Option to Extend Services (Nov 1999) (IAW FAR 17.208(f)) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. Option to Extend the Term of the Contract (Mar 2000) (IAW Far 17.208(g) Para (a) by the last day of the contract performance period Para (b) within 60 days Para (c) 3 years 52.232-7 Payments Under Time-and-Materials and Labor-Hour Contracts (Feb 2007 (Alt. I Feb 2007) (IAW Far 32.111(a)(7) 52.244-6Subcontracts for Commercial Items (Mar 2007) IAW Far (44.403) HOMELAND SECURITY ACQUISITION REGULATION (HSAR) (48 CFR CHAPTER 30) PROVISIONS & CLAUSES 3052.223-90Accident and Fire Reporting (USCG) (Dec 2003) Contracting Officer’s Technical Representative (Dec 2003) FAR 52.219-17 SECTION 8(a) AWARD (DEC 1996) (IAW FAR 19.811-3(C) (a) By execution of a contract, the Small Business Administration (SBA) agrees to the following: (1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)). (2) Except for novation agreements and advance payments, delegates to the ______ [insert name of contracting activity] the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract. (3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity. (4) To notify the ___________ [insert name of contracting agency] Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern. (5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract. (b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract. (c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the ______________ [insert name of contracting agency]. (End of clause) 52.219-18 - Notification of Competition Limited to Eligible 8(a) Concerns (JUNE 2003) IAW FAR 19.811.3(d) (a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer— (1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and (2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA. (b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause. (c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation. (d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount ofthis contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts. (2) The ____________ [insert name of SBA's contractor] will notify the ____________ [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party. (End of clause) Alternate I (Apr 2005). If the competition is to be limited to 8(a) concerns within one or more specific SBA regions or districts, add the following paragraph (a)(3) to paragraph (a) of the clause: (3) The offeror's approved business plan is on the file and serviced by ________ [Contracting Officer completes by inserting the appropriate SBA District and/or Regional Office(s) as identified by the SBA]. FAR 52.233-2 Service of protest (Sep 2006) (a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer, USCG Aviation Logistics Center, ESD Procurement, Elizabeth City, NC 27909 (e-mail: Debra.D.Mitchell@uscg.mil; Fax: (252) 334-5242) by obtaining written and dated adcnowledgment of receipt from the Contracting Officer at the same location. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) HSAR 3052.209-70 48 (CFR 3009.104-75) - 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 the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104- 73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104- 73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104- 73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision). 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (OCT 2008) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78) (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.] 0 (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). 0 (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). 0 (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). 0 (4) [Reserved] 0 (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). 0 (ii) Alternate I (Oct 1995) of 52.219-6. 0 (iii) Alternate II (Mar 2004) of 52.219-6. 0 (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). 0 (ii) Alternate I (Oct 1995) of 52.219-7. 0 (iii) Alternate II (Mar 2004) of 52.219-7. 0 (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). 0 (8)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)). 0 (ii) Alternate I (Oct 2001) of 52.219-9. 0 (iii) Alternate II (Oct 2001) of 52.219-9. 0 (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). 0 (10) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 0 (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). 0 (ii) Alternate I (June 2003) of 52.219-23. 0 (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (13) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). 0 (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)). 1 (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 1 (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). 1 (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 1 (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 0 (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). 1 (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). 0 (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). 0 (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). 1 (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). 0 (ii) Alternate I (Aug 2007) of 52.222-50. 0 (25)(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)). 0 (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). 0 (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). 0 (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). 0 (ii) Alternate I (DEC 2007) of 52.223-16. 1 (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d). 0 (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169). 0 (ii) Alternate I (Jan 2004) of 52.225-3. 0 (iii) Alternate II (Jan 2004) of 52.225-3. 0 (30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 1 (31) 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). 0 (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 0 (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). 0 (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 0 (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 0 (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). 0 (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). 0 (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). 0 (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 0 (40)(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). 0 (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.] 0 (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). 0 (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.). 0 (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.). 0 (7) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settelement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) PACKAGING, PACKING, AND LABELING At the time of each delivery for supplies or services, the contractor shall furnish a completed packaging slip. The original shall be attached to the outside of the shipping carton, one copy shall be sent to the CO/COTR and one copy shall be attached to the original invoice when submitted to the payment office. The packaging slip shall include at a minimum the following information: National Stock Number, Part Number, Nomenclature, Serial Number, Contract/Delivery Order, Line Item Number, and Quantity INSPECTION AND ACCEPTANCE Inspection and acceptance shall be at destination, by government representatives and shall be but not limited to end-item assembly, count, condition, proper packaging and the documentation required by this solicitation. For new end item equipment, the contractor shall furnish and attach to each packing slip, a Certificate of Conformance (COC) IAW FAR 52.246.15, acquired by the government in response to this solicitation. Components found to have deficiencies will be reported on Standard Form “SF368”, Product Quality Deficiency Report, to the contractor for investigation. The contractor shall report findings of the investigation within thirty (30) calendar days after receipt of quality deficiency exhibit to the CO/COTR. Failure to submit the appropriate certificate shall constitute an improper invoice and result in nonpayment. INVOICE INSTRUCTIONS Supplies or services must be provided to the “Ship to” address designated under each Contract Line Item Number (CLIN) before payment can be made. Original invoices are required for payment, however, a copy can be accepted if marked ORIGINAL. Do not send extra or multiple copies of the invoices. This only delays processing. Invoices may be e-mailed to : ARSC-Fiscal @uscg.mil Contractors must be registered in the Central Contractor Registration (CCR) system. (www.ccr.dlsc.dla.mil) Payment of invoice is made by Electronic Funds Transfer (EFT). Contractor banking information should be kept up to date in the CCR. Complete Business Name and Remittance Address, Invoice Number, and Invoice Date. It is suggested that the Tax Identification Number also be cited. It is also suggested that you EFT information be cited. Cite the Contract No in block 2 along with the Delivery Order No in Block 4 (first page of the SF 1449 Form). Description, price and quantity of supplies or services actually delivered or rendered. The contractor shall use a commercial bill of lading and be reimbursed for the direct and actual transportation cost as a separate item in the invoice. INVOICES MUST BE SUBMITTED DIRECTLY TO THE ADDRESS PROVIDED IN BLOCK 18a OF THE SF 1449 FORM, or be email to: ARSC-Fiscal @uscg.mil Payment will be made as close as possible to 30 days after a proper invoice is received at the designated billing office (see Block 18a) or the date the material or service is accepted by the ordering unit, whichever is later. Discounts are taken from the date of the invoice, not the date that the invoice is received, and only if the discount is advantageous to the government based on the Treasury rate of interest. FEDERAL AGENCIES ARE EXEMPT FROM TAXES: Tax exemption number for the USCG is B-239641. A certificate is available upon request.
Web Link: FedBizOpps Complete View
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Document(s): JOTFOC; File Name: none (Tech Sup 09-Q-500014.doc); Link: https://www.fbo.gov//utils/view?id=5616cf90c09faf8be17a8d9da1fa79f7; Bytes: 44.00 Kb; Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
Place of Performance: Address: Engineering Services Division (ESD), 1446 Weeksville Road, Elizageth City, North Carolina, 27909, United States; Zip Code: 27909
Record: SN01718413-W 20081214/081212220103-27abd4b00d5918fc555940757b7bd9e3 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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